[38] Bill 190 Royal Assent (PDF)

Bill 190 2006

An Act to promote
good government by amending
or repealing certain Acts
and by enacting one new Act

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

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

Contents of Act

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

Commencement

2.  (1)  Subject to subsection (2), 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 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 Good Government Act, 2006.

SCHEDULE A
MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS

Agricultural Tile Drainage Installation Act

1.  (1)  The French version of the following provisions of the Agricultural Tile Drainage Installation Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 8 (1).

2. Subsection 9 (1).

3. Subsection 9 (2).

4. Subsection 9 (3).

5. Subsection 9 (5).

6. Subsection 10 (1).

7. Subsection 10 (3).

8. Subsection 10 (4).

(2)  The French version of subsections 8 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis doit être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 9 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(4)  The French version of subsection 10 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Animals for Research Act

2.  (1)  The French version of the following provisions of the Animals for Research Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 9 (1).

2. Subsection 10 (2).

3. Subsection 10 (3).

4. Subsection 10 (5).

5. Subsection 11 (1).

6. Subsection 11 (3).

7. Subsection 11 (4).

8. Clause 23 (c).

(2)  The French version of subsections 9 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du paragraphe (1), le Tribunal tient une nouvelle audience afin de décider si le permis ou l'enregistrement devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 10 (1) of the Act is repealed and the following substituted:

Parties

(1)  Sont parties à l'instance devant le Tribunal, le directeur, l'appelant et les autres personnes que celui-ci peut désigner.

(4)  The French version of subsection 10 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(5)  The French version of subsection 11 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Beef Cattle Marketing Act

3.  (1)  The French version of the following provisions of the Beef Cattle Marketing Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 13 (1).

2. Subsection 14 (2).

3. Subsection 14 (3).

4. Subsection 14 (4).

5. Section 15.

6. Subsection 16 (1).

7. Subsection 16 (3).

8. Subsection 16 (4).

(2)  The French version of subsections 13 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du paragraphe (1), le Tribunal tient une nouvelle audience afin de décider si l'usine devrait être inscrite sur la liste ou radiée de celle-ci. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 14 (1) of the Act is repealed and the following substituted:

Parties

(1)  Sont parties à l'instance devant le Tribunal, le directeur, l'appelant et les autres personnes que celui-ci peut désigner.

(4)  The French version of subsection 16 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Commodity Board Members Act

4.  (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, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")

(2)  The French version of the following provisions of the Act is amended by striking out "Commission d'appel" wherever that expression appears 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).

Dead Animal Disposal Act

5.  (1)  The French version of the following provisions of the Dead Animal Disposal Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 10 (1).

2. Subsection 11 (2).

3. Subsection 11 (3).

4. Subsection 11 (5).

5. Subsection 12 (1).

6. Subsection 12 (3).

7. Subsection 12 (5).

(2)  The French version of subsections 10 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 11 (1) of the Act is repealed and the following substituted:

Parties

(1)  Sont parties à l'instance devant le Tribunal, le directeur, l'appelant et les autres personnes que celui-ci peut désigner.

(4)  The French version of subsection 11 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(5)  The French version of subsection 12 (4) of the Act is repealed and the following substituted:

Pouvoirs de la Cour

(4)  L'appel interjeté en vertu du présent article peut porter sur toute question qui n'est pas seulement une question de fait. La Cour peut confirmer ou modifier la décision du Tribunal, ordonner au directeur de prendre une mesure qu'il est autorisé à prendre par la présente loi, ou renvoyer l'affaire au Tribunal pour réexamen selon ce que la Cour juge opportun. La Cour peut substituer son opinion à celle du directeur ou du Tribunal.

(6)  The amendments to the Act, set out in subsections (1) to (5), do not apply if section 56 of the Food Safety and Quality Act, 2001 has come into force.

Drainage Act

6.  (1)  The French version of the following provisions of the Drainage Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 3 (16).

2. Subsection 5 (2) in the portion after clause (b).

3. Subsection 8 (3).

4. Subsection 10 (7).

5. Subsection 10 (8).

6. Subsection 10 (9).

7. Subsection 45 (2).

8. Subsection 48 (1) in the portion after clause (d).

9. Subsection 48 (2).

10. Section 49.

11. Subsection 50 (1).

12. Subsection 54 (1).

13. Subsection 54 (2).

14. Section 55.

15. Section 56.

16. Subsection 58 (4).

17. Subsection 58 (5).

18. Subsection 62 (2).

19. Section 64.

20. Subsection 65 (4).

21. Subsection 65 (5).

22. Subsection 66 (2).

23. Subsection 72 (2).

24. Subsection 76 (1).

25. Subsection 76 (3).

26. The heading immediately before section 98.

27. Subsection 98 (4) in the portion before clause (a).

28. Subsection 98 (6).

29. Subsection 98 (8).

30. Subsection 98 (9).

31. Subsection 98 (11).

32. Section 99.

33. Section 101.

34. Subsection 106 (2).

35. Section 119.

(2)  The French version of subsection 6 (3) of the Act is repealed and the following substituted:

Appel

(3)  La partie qui fait la demande d'une évaluation des répercussions sur l'environnement ou le conseil de la municipalité initiatrice, selon le cas, peut, dans les 40 jours à compter de la date de réception du compte rendu sur cette question, interjeter appel auprès du Tribunal. Celui-ci peut confirmer ou modifier le compte rendu, selon ce qu'il estime approprié.

(3)  The French version of subsection 10 (6) of the Act is repealed and the following substituted:

Appel devant le Tribunal

(6)  Si le conseil de la municipalité initiatrice fait défaut d'ordonner à l'ingénieur de procéder à la préparation d'un rapport, un pétitionnaire peut interjeter appel devant le Tribunal. Toutefois, dans le cas de biens-fonds utilisés à des fins agricoles qui sont situés dans la zone sujette au drainage, le ministre peut renvoyer la question devant le Tribunal et celui-ci peut ordonner au conseil de prendre les mesures que ce dernier est autorisé à prendre en vertu de la présente loi et que le Tribunal estime appropriées.

(4)  The French version of section 51 of the Act is repealed and the following substituted:

Pouvoirs du Tribunal

51.  (1)  Le Tribunal entend et tranche toute question interjetée en appel ou qui fait l'objet d'un renvoi devant lui en vertu de la présente loi. À défaut de dispositions à ce sujet, il peut rendre les ordonnances et ordonner de prendre les mesures qu'il est autorisé à rendre ou à ordonner en vertu de la présente loi ou celles qu'il juge appropriées aux fins de l'application de la présente loi.

Parties

(2)  Les parties à un appel ou à un renvoi dont est saisi le Tribunal en vertu de la présente loi sont celles qui interjettent l'appel ou demandent le renvoi et toutes les autres personnes que le Tribunal peut spécifier.

(5)  The French version of section 53 of the Act is repealed and the following substituted:

Ajournement de l'audience de l'appel

53.  Lorsque le motif d'appel porte sur le fait que l'évaluation des biens-fonds ou des chemins est d'un montant excessif et que la preuve présentée permet au tribunal de révision ou au Tribunal d'être convaincu que les montants de l'évaluation de ces biens-fonds ou de ces chemins devraient être réduits, et qu'aucune preuve n'indique que le montant d'une telle réduction devrait être perçu à l'égard des biens-fonds ou des chemins dont les propriétaires sont parties à des appels en instance devant le tribunal de révision ou le Tribunal, le tribunal de révision ou le Tribunal ajourne l'audience de l'appel pour une durée suffisante afin de permettre au secrétaire d'aviser par courrier affranchi de la date jusqu'à laquelle elle est ajournée, les personnes que l'appelant peut spécifier et qui selon le rôle d'évaluation révisé le plus récent sont censées être les propriétaires des biens-fonds concernés par l'appel. Le secrétaire avise de l'ajournement de l'appel toutes les personnes intéressées. Lors de la tenue de l'audience de l'appel ainsi ajournée, le tribunal de révision ou le Tribunal tranche la question en appel. En outre, si le tribunal de révision ou le Tribunal le juge opportun, il répartit de nouveau les évaluations de la façon qui lui paraît juste.

(6)  The French version of subsection 54 (3) of the Act is repealed and the following substituted:

Procédure

(3)  Le Tribunal, au moyen d'une nouvelle audience, connaît de chaque appel et le tranche de la façon qu'il juge appropriée. La décision du Tribunal est définitive.

(7)  The French version of subsection 72 (1) of the Act is repealed and the following substituted:

Examen par le Tribunal

(1)  Le conseil de la municipalité locale, dans un délai de 40 jours à compter de la date de présentation de la note d'honoraires de l'ingénieur au secrétaire de la municipalité, peut, après en avoir donné avis à l'ingénieur, adresser par voie de requête une demande au Tribunal afin que celui-ci examine la note d'honoraires et y apporte les corrections qu'il estime justes.

(8)  The French version of subsection 75 (1) of the Act is amended by striking out the portion after clause (b) and substituting the following:

Le conseil d'une municipalité à qui cette copie est signifiée peut, dans les 40 jours suivants, interjeter appel de ce règlement municipal devant le Tribunal en invoquant pour motif que les travaux qui y sont prévus ne sont pas nécessaires ou que les installations de drainage n'ont jamais été achevées en raison du défaut ou de la négligence à cet effet de la municipalité dont l'obligation était de les faire exécuter.

(9)  The French version of clause 98 (4) (a) of the Act is repealed and the following substituted:

a) tenir des séances à l'endroit où il l'entend en Ontario et à plus d'un endroit simultanément;

(10)  The French version of subsection 98 (7) of the Act is repealed and the following substituted:

Sténographes judiciaires

(7)  Le Tribunal peut retenir les services de sténographes judiciaires en vue d'établir les procès-verbaux de ses audiences. Il peut fixer leurs honoraires et ceux-ci sont inclus dans les dépens afférents à l'audience. Ces dépens sont imputés et versés selon les directives que peut donner le Tribunal.

(11)  The French version of subsection 98 (10) of the Act is amended by striking out "saisie la Commission" and substituting "saisi le Tribunal" and by striking out "que la Commission" and substituting "que le Tribunal".

(12)  The French version of section 100 of the Act is amended by striking out "La Commission, lorsqu'elle" at the beginning and substituting "Le Tribunal, lorsqu'il".

Farm Products Marketing Act

7.  (1)  Clause 5 (1) (b) of the Farm Products Marketing Act is repealed.

(2)  Clause 8 (1) (b) of the Act is repealed.

(3)  The definitions of "chicks-for-placement", "fowl" and "local board" in subsection 21 (1) of the Act are repealed and the following substituted:

"chicks-for-placement" means female chickens 19 weeks of age or less or any class of them; ("poussins pour la mise en place")

"fowl" means a domestic hen more than 19 weeks of age; ("poule adulte")

"local board" means the Egg Farmers of Ontario; ("commission locale")

Farm Registration and Farm Organizations Funding Act, 1993

8.  (1)  The French version of the following provisions of the Farm Registration and Farm Organizations Funding Act, 1993 is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 4 (1).

2. Subsection 4 (2).

3. Subsection 4 (3).

4. Subsection 4 (4).

5. Subsection 8 (1).

6. Subsection 8 (2).

7. Subsection 9 (1).

8. Subsection 10 (3).

9. Subsection 11 (1).

10. Subsection 11 (3).

11. Subsection 11 (4).

12. Subsection 14 (1).

13. Subsection 14 (2).

14. Subsection 15 (1).

15. Subsection 16 (3).

16. Subsection 17 (1).

17. Subsection 17 (2).

18. Subsection 17 (3).

19. Subsection 17 (4).

20. Subsection 18 (1).

21. Subsection 19 (1).

22. Subsection 19 (2).

23. Subsection 22 (1).

24. Subsection 22 (2).

25. Subsection 22 (3).

26. Subsection 22 (4).

27. Subsection 22 (5).

28. Section 30.

29. Section 32.

(2)  The French version of subsection 5 (1) of the Act is repealed and the following substituted:

Audience relative à la requête

(1)  Le Tribunal tient une audience avant de décider s'il doit agréer un organisme ou renouveler son agrément.

(3)  The French version of subsection 6 (1) of the Act is repealed and the following substituted:

Ordonnance relative à la requête

(1)  S'il décide que l'organisme satisfait aux critères prescrits pour les organismes agricoles agréés, le Tribunal accorde l'agrément à l'organisme par ordonnance. S'il décide que l'organisme ne satisfait pas à ces critères, il lui refuse l'agrément.

(4)  The French version of subsections 10 (1) and (2) of the Act is repealed and the following substituted:

Ordonnance relative à la révision

(1)  S'il décide que l'organisme agricole agréé ne satisfait plus aux critères prescrits pour un organisme agricole agréé, le Tribunal peut, par ordonnance :

a) soit révoquer l'agrément de l'organisme;

b) soit exiger que l'organisme satisfasse, dans un délai précis, aux conditions qu'il précise pour conserver son agrément.

Suspension de l'agrément

(2)  Si le Tribunal exige d'un organisme qu'il satisfasse à des conditions précises, il peut suspendre son agrément. Le paragraphe 21 (3) ne s'applique pas jusqu'à ce que ces conditions soient satisfaites.

(5)  The French version of subsection 11 (2) of the Act is repealed and the following substituted:

Avis donné au ministère

(2)  Le Tribunal avise le ministère de chaque requête qu'il reçoit en vertu du présent article.

(6)  The French version of subsections 16 (1) and (2) of the Act is repealed and the following substituted:

Ordonnance relative à la révision

(1)  S'il décide que l'organisme francophone admissible ne satisfait pas aux conditions requises pour recevoir une aide financière spéciale, le Tribunal peut, par ordonnance :

a) soit annuler l'admissibilité de l'organisme;

b) soit exiger que l'organisme satisfasse, dans un délai précis, aux conditions qu'il précise pour conserver son admissibilité.

Suspension de l'admissibilité

(2)  Si le Tribunal exige de l'organisme qu'il satisfasse à des conditions précises, il peut suspendre son admissibilité jusqu'à ce que ces conditions soient satisfaites.

(7)  The French version of subsection 22 (6) of the Act is repealed and the following substituted:

Ordonnance du Tribunal

(6)  S'il est convaincu qu'un particulier visé au paragraphe (1), (2) ou (3) s'oppose à la remise d'un paiement à un organisme agricole ou au dépôt d'une formule d'inscription d'entreprise agricole en raison de ses convictions ou croyances religieuses sincères, le Tribunal rend une ordonnance le dispensant du paiement ou du dépôt.

(8)  The French version of sections 26 and 27 of the Act is repealed and the following substituted:

Collecte de renseignements

26.  Le Tribunal ou un de ses employés à qui il le demande peut rassembler les renseignements ou examiner les documents qu'il estime nécessaires et interroger toute personne en ce qui concerne une question dont le Tribunal est saisi.

Observations acceptées

27.  (1)  À ses audiences, le Tribunal peut accepter des observations des personnes qui n'auraient normalement pas le droit de présenter des observations aux termes de la présente loi, s'il donne aux parties la possibilité de répondre à ces observations.

Preuve supplémentaire

(2)  À ses audiences, le Tribunal peut examiner les renseignements pertinents qu'il a obtenus en plus de la preuve qui y est présentée, s'il informe d'abord les parties des renseignements supplémentaires et leur donne l'occasion d'y répondre.

(9)  The French version of section 29 of the Act is repealed and the following substituted:

Réexamen des ordonnances

29.  Le Tribunal peut réexaminer une ordonnance qu'il a rendue et la confirmer ou la remplacer.

(10)  The French version of section 31 of the Act is amended by striking out "La Commission donne un avis écrit de l'ordonnance qu'elle rend" at the beginning and substituting "Le Tribunal donne un avis écrit de l'ordonnance qu'il rend".

Grains Act

9.  (1)  The French version of the following provisions of the Grains Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 13 (1).

2. Subsection 14 (1).

3. Subsection 14 (2).

4. Subsection 14 (3).

5. Subsection 14 (5).

6. Subsection 15 (1).

7. Subsection 15 (3).

8. Subsection 15 (4).

(2)  The French version of subsections 13 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision de l'inspecteur en chef ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle de l'inspecteur en chef.

(3)  The French version of subsection 14 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(4)  The French version of subsection 15 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Livestock and Livestock Products Act

10.  (1)  The French version of the following provisions of the Livestock and Livestock Products Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 8 (1).

2. Subsection 9 (2).

3. Subsection 9 (3).

4. Subsection 9 (5).

5. Subsection 10 (1).

6. Subsection 10 (3).

7. Subsection 10 (4).

(2)  The French version of subsections 8 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 9 (1) of the Act is repealed and the following substituted:

Parties

(1)  Sont parties à l'instance devant le Tribunal, le directeur, l'appelant et les autres personnes que celui-ci peut désigner.

(4)  The French version of subsection 9 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(5)  The French version of subsection 10 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Livestock Community Sales Act

11.  (1)  The French version of the following provisions of the Livestock Community Sales Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 8 (1).

2. Subsection 9 (1).

3. Subsection 9 (2).

4. Subsection 9 (3).

5. Subsection 9 (5).

6. Subsection 10 (1).

7. Subsection 10 (3).

(2)  The French version of subsections 8 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 9 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(4)  The French version of subsections 10 (4) and (5) of the Act is repealed and the following substituted:

Pouvoir de la Cour

(4)  L'appel interjeté aux termes du présent article peut porter sur toute question qui n'est pas seulement une question de fait. La Cour peut confirmer ou modifier la décision du Tribunal, ordonner au directeur de prendre une mesure qu'il est habilité à prendre en vertu de la présente loi ou, si cela semble opportun à la Cour, renvoyer la question au Tribunal afin qu'il reconsidère sa décision. La Cour peut substituer son opinion à celle du directeur ou du Tribunal.

Effet de la décision du Tribunal

(5)  Malgré l'appel de la décision du Tribunal, interjeté aux termes du présent article par l'auteur de la demande ou le titulaire du permis, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Livestock Medicines Act

12.  (1)  The French version of the following provisions of the Livestock Medicines Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 9 (1).

2. Subsection 10 (1).

3. Subsection 10 (2).

4. Subsection 10 (3).

5. Subsection 10 (5).

6. Subsection 11 (1).

7. Subsection 11 (3).

8. Subsection 11 (4).

(2)  The French version of subsections 9 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 10 (4) of the Act is repealed and the following substituted:

Preuve

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(4)  The French version of subsection 11 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Livestock, Poultry and Honey Bee Protection Act

13.  (1)  The French version of the following provisions of the Livestock, Poultry and Honey Bee Protection Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 13 (1).

2. Subsection 13 (2).

3. Subsection 13 (3).

4. Subsection 13 (4).

5. Subsection 13 (6).

6. Subsection 13 (7).

(2)  The French version of subsection 13 (5) of the Act is repealed and the following substituted:

Conclusions de fait

(5)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

Meat Inspection Act (Ontario)

14.  (1)  The French version of the following provisions of the Meat Inspection Act (Ontario) is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 8 (1).

2. Subsection 9 (2).

3. Subsection 9 (3).

4. Subsection 9 (5).

5. Subsection 10 (1).

6. Subsection 10 (3).

7. Subsection 10 (4).

8. Subsection 10 (5).

(2)  The French version of subsections 8 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Pouvoirs du Tribunal

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis doit être délivré, renouvelé, suspendu ou révoqué.  Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 9 (1) of the Act is repealed and the following substituted:

Parties

(1)  Sont parties à l'instance devant le Tribunal, le directeur, l'appelant et les autres personnes que celui-ci peut désigner.

(4)  The French version of subsection 9 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(5)  The amendments to the Act, set out in subsections (1) to (4), do not apply if section 59 of the Food Safety and Quality Act, 2001 has come into force.

Milk Act

15.  (1)  The definition of "Tribunal" in section 1 of the Milk Act is repealed and the following substituted:

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

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

1. Subsection 2.10 (3).

2. Subsection 19.1 (8).

Ministry of Agriculture, Food and Rural Affairs Act

16.  (1)  Section 1 of the Ministry of Agriculture, Food and Rural Affairs Act is amended by adding the following definition:

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

(2)  Subsection 14.1 (1) of the Act is repealed.

(3)  The French version of the following provisions of the Act is amended by striking out "Commission d'appel" wherever that expression appears 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).

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

Veterinarians Act

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

(c) is not in default of an annual fee set by the by-laws; and

(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 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 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 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 is repealed.

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

(10)  Subsection 9 (1) of the Act 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 the 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.

(11)  Subsection 9 (1) of the Act is amended by adding the following paragraphs:

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 where they practise 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 of the College 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 of the College 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, constitute a quorum.

(17)  Subsections 28 (1), (2) and (3) of the Act are 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 persons whom the Lieutenant Governor in Council has appointed as members of the Council; and

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

Quorum

(2)  A majority of the members of the Discipline Committee, at least one of whom is a person whom the Lieutenant Governor in Council has appointed as a member of the Council, constitutes a quorum.

Panels

(3)  The chair of the Discipline Committee may appoint panels composed of at least three members of the Committee, at least one of whom is a person whom the Lieutenant Governor in Council has appointed as a member of the Council and at least one of whom is person who is both a member of the College and a member of the Council, to hear,

(a) allegations of a member's professional misconduct or serious neglect for which the Executive Committee or the Complaints Committee has directed the Discipline Committee to hold a hearing under subsection 30 (1); or

(b) an application that the Registrar has referred to the Committee under subsection 37 (5).

Simultaneous panels

(3.1)  The Discipline Committee may sit in two or more panels simultaneously if a quorum is present in each panel.

Quorum of panel

(3.2)  Three members of a panel of the Discipline Committee, at least one of whom is a person whom the Lieutenant Governor in Council has appointed as a member of the Council and at least one of whom is a person who is both a member of the College and a member of the Council, constitute a quorum of the panel.

Votes

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

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

(19)  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.

(20)  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".

(21)  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.

(22)  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;

(23)  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".

(24)  Subsections 43 (1) and (2) of the Act are amended by striking out "or the regulations" wherever that expression appears and substituting in each case "the regulations or the by-laws".

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

Repeals of Unconsolidated Provisions

18.  Section 2 of The Agricultural Associations Amendment Act, 1950, being chapter 1, is repealed.

19.  (1)  Subsection 26 (3) of The Agricultural Development Act, being chapter 78 of the Revised Statutes of Ontario, 1937, as set out in subsection 3 (2) of The Agricultural Development Amendment Act, 1949, being chapter 2, is repealed.

(2)  Section 4 of The Agricultural Development Amendment Act, 1949, being chapter 2, is repealed.

(3)  Subsection 1 (2) of The Agricultural Development Repeal Act, 1973, being chapter 32, as set out in section 1 of The Agricultural Development Repeal Amendment Act, 1979, being chapter 35, is repealed.

(4)  The Agricultural Development Repeal Amendment Act, 1979, being chapter 35, is repealed.

20.  Section 2 of The Agricultural Development Finance Amendment Act, 1949, being chapter 3, is repealed.

21.  (1)  Section 3 of The Agricultural Societies Act, being chapter 47 of the Revised Statutes of Ontario, 1914, is repealed.

(2)  Sections 4 and 5 of The Agricultural Societies Amendment Act, 1921, being chapter 30, are repealed.

(3)  Subsection 6 (9) of The Agricultural Societies Act, being chapter 47 of the Revised Statutes of Ontario, 1914, as set out in section 2 of The Agricultural Societies Act, 1924, being chapter 29, is repealed.

22.  Section 3 of the Beef Cattle Marketing Amendment Act, 1987, being chapter 28, is repealed.

23.  The Brucellosis Repeal Act, 1989, being chapter 61, is repealed.

24.  (1)  Clause 5b (1) (b) and subsections 5b (2) and (3) of The Department of Agriculture Act, being chapter 92 of the Revised Statutes of Ontario, 1960, as set out in section 1 of The Department of Agriculture Amendment Act, 1965, being chapter 27, are repealed.

(2)  Clause 5b (1) (c) and subsection 5b (1a) of The Department of Agriculture Act, being chapter 92 of the Revised Statutes of Ontario, 1960, as set out in section 7 of The Department of Agriculture Amendment Act, 1966, being chapter 39, are repealed.

(3)  Sections 8 and 9 of The Department of Agriculture Amendment Act, 1966, being chapter 39, are repealed.

(4)  Subsection 5b (1a) of The Department of Agriculture and Food Act, being chapter 92 of the Revised Statutes of Ontario, 1960, as set out in section 1 of The Department of Agriculture and Food Amendment Act, 1967, being chapter 19, is repealed.

(5)  Section 2 of The Department of Agriculture and Food Amendment Act, 1967, being chapter 19, is repealed.

(6)  Clauses 5b (1) (b), (c) and (d) and subsections 5b (2a) and (2b) of The Department of Agriculture and Food Act, being chapter 92 of the Revised Statutes of Ontario, 1960, as set out in section 1 of The Department of Agriculture and Food Amendment Act, 1968, being chapter 26, are repealed.

(7)  Section 2 of The Department of Agriculture and Food Amendment Act, 1968, being chapter 26, is repealed.

25.  The Farm Loans and Farm Loans Adjustment Repeal Act, 1987, being chapter 3, is repealed.

26.  (1)  Section 10 of The Farm Products Marketing Act, 1946, being chapter 29, is repealed.

(2)  Section 8 of The Farm Products Marketing Amendment Act, 1955, being chapter 21, is repealed.

(3)  Section 6 of The Farm Products Marketing Amendment Act, 1957, being chapter 34, is repealed.

(4)  Section 5 of The Farm Products Marketing Amendment Act, 1958, being chapter 27, is repealed.

(5)  Section 8 of The Farm Products Marketing Amendment Act, 1959, being chapter 35, is repealed.

(6)  Section 3 of The Farm Products Marketing Amendment Act, 1972, being chapter 156, is repealed.

27.  Section 4 of The Farm Products Payments Amendment Act, 1980, being chapter 82, is repealed.

28.   The Fruits and Vegetables Produce-for-Processing Act, 1974 , being chapter 55, is repealed.

29.  (1)  Section 27 of The Milk Act, 1965, being chapter 72, is repealed.

(2)  Section 2 of The Milk Amendment Act, 1968-69, being chapter 67, is repealed.

(3)  Sections 2 and 3 of The Milk Amendment Act, 1972, being chapter 155, are repealed.

(4)  Subsection 12a (4) of The Milk Act, being chapter 273 of the Revised Statutes of Ontario, 1970, as set out in section 4 of The Milk Amendment Act, 1972 (No. 2), being chapter 162, is repealed.

30.  Subsection 12 (2) of The Milk Control Act, 1948, being chapter 55, is repealed.

31.  (1)  Section 6 of The Milk Industry Amendment Act, 1958, being chapter 58, is repealed.

(2)  Section 7 of The Milk Industry Amendment Act, 1959, being chapter 59, is repealed.

32.  (1)  Section 23 of The Ministry of Agriculture and Food Statute Law Amendment and Repeal Act, 1978, being chapter 100, is repealed.

(2)  Sections 9b, 9c and 9d of the Ministry of Agriculture and Food Act, being chapter 270 of the Revised Statutes of Ontario, 1980, as set out in subsection 1 (5) of the Ministry of Agriculture and Food Statute Law Amendment Act, 1988, being chapter 13, are repealed.

33.   The Ontario Creameries Act, 1883 , being chapter 5, is repealed.

34.  Subsection 2 (2) of The Plant Diseases Amendment Act, 1966, being chapter 117, is repealed.

35.  Subsections 5 (2) and (3) of The Provincial Aid to Drainage Amendment Act, 1950, being chapter 58, are repealed.

36.  Section 2 of The Seed Grain Subsidy Repeal Act, 1968, being chapter 124, is repealed.

37.  (1)  Sections 3, 4 and 5 of The Veterinary Science Practice Act, 1933, being chapter 66, are repealed.

(2)  Subsection 21 (2) of The Veterinarians Act, 1958, being chapter 121, is repealed.

(3)  Section 11 of The Veterinarians Act, being chapter 416 of the Revised Statutes of Ontario, 1960, is repealed.

38.  (1)   The Winter Fair Act, 1926 , being chapter 20, is repealed.

(2)   The Winter Fair Act, 1927 , being chapter 26, is repealed.

Revocation of Regulations

39.  Regulation 1 of the Revised Regulations of Ontario, 1990, made under the Abandoned Orchards Act, being chapter A.1 of the Revised Statutes of Ontario, 1990, is revoked.

40.  Ontario Regulation 130/88, made under the Agricultural Societies Act, being chapter 14 of the Revised Statutes of Ontario, 1980, is revoked.

41.  Regulation 28 of the Revised Regulations of Ontario, 1990, made under the Artificial Insemination of Livestock Act, being chapter A.29 of the Revised Statutes of Ontario, 1990, is revoked.

42.  Regulation 179 of the Revised Regulations of Ontario, 1990, made under the Co-operative Loans Act, being chapter C.36 of the Revised Statutes of Ontario, 1990, is revoked.

43.  Regulation 282 of the Revised Regulations of Ontario, 1990, made under the Edible Oil Products Act, being chapter E.1 of the Revised Statutes of Ontario, 1990, is revoked.

44.  The following regulations made under the Farm Income Stabilization Act, being chapter F.5 of the Revised Statutes of Ontario, 1990, are revoked:

1. Regulation 370 of the Revised Regulations of Ontario, 1990.

2. Regulation 371 of the Revised Regulations of Ontario, 1990.

3. Ontario Regulation 508/78.

4. Ontario Regulation 509/78.

5. Ontario Regulation 510/78.

6. Ontario Regulation 292/81.

7. Ontario Regulation 672/82.

8. Ontario Regulation 431/83.

9. Ontario Regulation 509/85.

10. Ontario Regulation 585/86.

45.  Ontario Regulation 506/95, made under the Fur Farms Act, being chapter F.37 of the Revised Statutes of Ontario, 1990, is revoked.

46.  Regulation 643 of the Revised Regulations of Ontario, 1990, made under the Hunter Damage Compensation Act, being chapter H.21 of the Revised Statutes of Ontario, 1990, is revoked.

47.  Ontario Regulation 700/94, made under the Livestock Identification Act, being chapter L.21 of the Revised Statutes of Ontario, 1990, formerly the Livestock Branding Act, is revoked.

48.  Regulation 830 of the Revised Regulations of Ontario, 1990, made under the Non-Resident Agricultural Land Interests Registration Act, being chapter N.4 of the Revised Statutes of Ontario, 1990, is revoked.

49.  Regulation 864 of the Revised Regulations of Ontario, 1990, made under the Oleomargarine Act, being chapter O.5 of the Revised Statutes of Ontario, 1990, is revoked.

50.  Regulation 1014 of the Revised Regulations of Ontario, 1990, made under the Riding Horse Establishments Act, being chapter R.32 of the Revised Statutes of Ontario, 1990, is revoked.

51.  Regulation 1016 of the Revised Regulations of Ontario, 1990, made under the Seed Potatoes Act, being chapter S.6 of the Revised Statutes of Ontario, 1990, is revoked.

52.  Regulation 1024 of the Revised Regulations of Ontario, 1990, made under the Stock Yards Act, being chapter S.25 of the Revised Statutes of Ontario, 1990, is revoked.

Commencement

Commencement

53.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

Same

(2)  Section 3 and subsections 17 (8), (9) and (11) come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE B
MINISTRY OF THE ATTORNEY GENERAL

Architects Act

1.  Subsection 30 (4) of the Architects Act is amended by striking out "send to the complainant and to the person complained against by prepaid first class mail" and substituting "mail to the complainant and to the person complained against".

Assessment Review Board Act

2.  Section 8.1 of the Assessment Review Board Act is repealed and the following substituted:

Board may set, charge fees

8.1  (1)  The Board, subject to the approval of the Attorney General, may set and charge fees,

(a) in respect of proceedings brought before the Board under,

(i) the Assessment Act, or

(ii) the Municipal Act, 2001;

(b) for furnishing copies of forms, notices or documents filed with or issued by the Board or otherwise in the Board's possession; or

(c) for other services provided by the Board.

Same

(2)  The Board may treat different kinds of complaints, applications and appeals differently in setting fees.

Make fees public

(3)  The Board shall ensure that its fee structure is available to the public.

Waiver or refund of fee

(4)  In appropriate circumstances, the Board may waive or refund all or part of a fee charged under this section.

Change of Name Act

3.  Subsection 8 (2) of the Change of Name Act is amended by striking out "intended" in the portion before clause (a) and substituting "intended, in his or her opinion".

Children's Law Reform Act

4.  Sections 10 and 11 of the Children's Law Reform Act are repealed and the following substituted:

Leave for blood tests and DNA tests

10.  (1)  On the application of a party in a civil proceeding in which the court is called on to determine a child's parentage, the court may give the party leave to obtain blood tests or DNA tests of the persons who are named in the order granting leave and to submit the results in evidence.

Conditions

(2)  The court may impose conditions, as it thinks proper, on an order under subsection (1).

Consent to procedure

(3)  The Health Care Consent Act, 1996 applies to the blood test or DNA test as if it were treatment under that Act.

Inference from refusal

(4)  If a person named in an order under subsection (1) refuses to submit to the blood test or DNA test, the court may draw such inferences as it thinks appropriate.

Exception

(5)  Subsection (4) does not apply if the refusal is the decision of a substitute decision-maker as defined in section 9 of the Health Care Consent Act, 1996.

Crown Witnesses Act

5.  The Crown Witnesses Act is amended by adding the following section:

Agreements relating to confidential name changes

Purpose

6.  (1)  The purpose of an agreement under this section is to facilitate, in circumstances that the Attorney General considers appropriate, with respect to persons who have undergone confidential name changes, and with respect to any other persons who live with or are related to them,

(a) the provision of services and benefits to which they would otherwise be entitled, or the provision of equivalent services and benefits; and

(b) the enforcement of financial obligations to the Crown to which they would otherwise be subject.

Agreements with other authorities in Ontario

(2)  The Attorney General and any of the following may enter into an agreement under this section:

1. Another minister of the Crown.

2. An agency, board or commission of the Government of Ontario.

3. A municipality as defined in the Municipal Affairs Act.

Agreements with other governments in Canada

(3)  The Attorney General may enter into an agreement under this section with the Government of Canada or with the government of any province or territory.

Delegation

(4)  The Attorney General may, in writing, delegate any power conferred on him or her by this section to the Deputy Attorney General or to any other employee of the Ministry, subject to any limitations, restrictions, conditions and requirements that are set out in the delegation.

Same

(5)  An agreement entered into by a person authorized to do so by a delegation made under subsection (4) has the same effect as if entered into by the Attorney General, despite section 6 of the Executive Council Act.

Alternate criteria and mechanisms

(6)  An agreement under this section may provide for,

(a) alternate eligibility criteria and alternate delivery mechanisms that are designed to allow persons described in subsection (1) to receive services and benefits that are as nearly equivalent as possible to those to which they would otherwise be entitled; and

(b) alternate mechanisms that are designed to permit the Attorney General and the other party to the agreement to enforce financial obligations to the Crown to which persons described in subsection (1) would otherwise be subject.

Powers

(7)  The Attorney General and the other party to an agreement under this section have all the powers necessary to give effect to the agreement.

Deemed compliance

(8)  The criteria and mechanisms described in subsection (6), and any arrangements made under them, shall be deemed to comply with the law of Ontario.

Confidentiality, privilege and non-disclosure

(9)  All information relating to the application of this section is confidential and privileged and is not subject to release, production or disclosure, except,

(a) with the consent of the Attorney General; or

(b) as required for the administration of justice.

Conflict

(10)  This section applies despite any other Act or regulation.

Definition

(11)  In this section,

"confidential name change" means a name change under subsection 8 (2) of the Change of Name Act or under a similar provision of the law of another jurisdiction.

Execution Act

6.  (1)  Section 3 of the Execution Act is repealed and the following substituted:

Sale and refund of amount of exemption

3.  (1)  Where exemption is claimed for a chattel referred to in paragraph 3 of section 2 that has a sale value in excess of the amount referred to in that paragraph plus the costs of the sale, and other chattels are not available for seizure and sale, the chattel is subject to seizure and sale under a writ of execution and the amount referred to in that paragraph shall be paid to the debtor out of the proceeds of the sale.

Same

(2)  The debtor may, in lieu of the chattels referred to in paragraph 4 of section 2, elect to receive the proceeds of the sale thereof up to the amount referred to in that paragraph, in which case the officer executing the writ shall pay the net proceeds of the sale if they do not exceed the amount referred to in that paragraph or, if they exceed that amount, shall pay that sum to the debtor in satisfaction of the debtor's right to exemption under that paragraph.

Same

(3)  Where exemption is claimed for a motor vehicle that has a sale value in excess of the amount referred to in paragraph 6 of section 2 plus the costs of the sale, the motor vehicle is subject to seizure and sale under a writ of execution and the amount referred to in that paragraph shall be paid to the debtor out of the proceeds of the sale.

(2)  Section 4 of the Act is amended by striking out "subsection 3 (1) or (2)" and substituting "subsection 3 (1), (2) or (3)".

(3)  Subsection 35 (1) of the Act is amended by striking out "and subsections 3 (1) and (2)" at the end.

(4)  Subsection 35 (3) of the Act is amended by striking out "and subsections 3 (1) and (2)" at the end.

Executive Council Act

7.  Subsection 2 (1) of the Executive Council Act is amended by striking out "Minister of Health" and substituting "Minister of Health and Long-Term Care".

Expropriations Act

8.  Clause 5 (3) (b) of the Expropriations Act is amended by striking out "Minister of Health" and substituting "Minister of Health and Long-Term Care".

Family Law Act

9.  Clause 33 (3) (d) of the Family Law Act is repealed.

Human Rights Code

10.  The French version of section 18 of the Human Rights Code is amended by striking out "logement" and substituting "adaptation".

Interpretation Act

11.  Subsection 29 (1) of the Interpretation Act is amended by striking out the following definitions:

1. "Mental defective" and "mentally defective person".

2. "Mental deficiency".

Legal Aid Services Act, 1998

12.  Section 24 of the Legal Aid Services Act, 1998 is repealed and the following substituted:

Application for certificate

24.  (1)  Every application for a certificate shall be made and decided in a manner approved by the Corporation.

Residents and non-residents

(2)  The Corporation may approve different manners of making and deciding applications with respect to,

(a) individuals who are ordinarily resident in Ontario; and

(b) individuals who are not ordinarily resident in Ontario.

Ontario Municipal Board Act

13.  (1)  Subsection 42 (2) of the Ontario Municipal Board Act is amended by striking out "Treasurer of Ontario" and substituting "Minister of Finance".

(2)  Subsection 99 (2) of the Act is amended by striking out "Treasurer of Ontario" and substituting "Minister of Finance".

Professional Engineers Act

14.  Subsection 24 (4) of the Professional Engineers Act is amended by striking out "send to the complainant and to the person complained against by prepaid first class mail" and substituting "mail to the complainant and to the person complained against".

Provincial Offences Act

15.  (1)  Subsection 150 (8) of the Provincial Offences Act is amended by striking out "subject to subsection (9)" and substituting "despite any other Act and subject to subsection (9)".

(2)  Section 158.2 of the Act is repealed and the following substituted:

Duty of person who carries out seizure

158.2  (1)  Subsection (2) applies when,

(a) a person has, under a warrant issued under this or any other Act or otherwise in the performance of his or her duties under an Act, seized any thing,

(i) upon or in respect of which an offence has been or is suspected to have been committed, or

(ii) that there are reasonable grounds to believe will afford evidence as to the commission of an offence; and

(b) no procedure for dealing with the thing is otherwise provided by law.

Same

(2)  The person shall, as soon as is practicable, take the following steps:

1. The person shall determine whether the continued detention of the thing is required for the purposes of an investigation or proceeding.

2. If satisfied that continued detention is not required as mentioned in paragraph 1, the person shall,

i. return the thing, on being given a receipt for it, to the person lawfully entitled to its possession, and

ii. report to a justice about the seizure and return of the thing.

3. If paragraph 2 does not apply, the person shall,

i. bring the thing before a justice, or

ii. report to a justice about the seizure and detention of the thing.

(3)  Subsection 159 (1) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule A, section 15, is amended by striking out "section 158.2" in the portion before clause (a) and substituting "subsection 158.2 (2)".

Public Accounting Act, 2004

16.  (1)  The definition of "designated body" in section 1 of the Public Accounting Act, 2004 is repealed and the following substituted:

"designated body" means each of the Certified General Accountants Association of Ontario, the Institute of Chartered Accountants of Ontario, the Society of Management Accountants of Ontario and any other prescribed entity; ("organisme désigné")

(2)  Subsection 44 (3) of the Act is repealed and the following substituted:

Applicants for licence

(3)  Despite the repeal of the Public Accountancy Act, a person may apply for licensing as a public accountant under subsection 14 (1) of that Act until March 31, 2005 or the prescribed date and if the person satisfies the requirements of that subsection, he or she shall be licensed under this Act and the licence is valid until July 1, 2005 or the prescribed date.

Public Authorities Protection Act

17.  (1)  Subsection 6 (1) of the Public Authorities Protection Act is amended by striking out "abode" and substituting "work".

(2)  Section 6 of the Act is amended by adding the following subsection:

Transition

(1.1)  Subsection (1), as it read on the day before the coming into force of section 17 of Schedule B to the Good Government Act, 2006, continues to apply with respect to actions commenced within seven days after that coming into force.

Public Guardian and Trustee Act

18.  Section 10.1 of the Public Guardian and Trustee Act is repealed and the following substituted:

Admissibility of material from records of the Public Guardian and Trustee

Definitions

10.1  (1)  In this section,

"copy of a record of the Public Guardian and Trustee" includes,

(a) a photocopy of a hard copy,

(b) a print-out of a document or of other information that is stored electronically, and

(c) a print from photographic film; ("copie d'un dossier du Tuteur et curateur public")

"record of the Public Guardian and Trustee" means a document or other information that the Public Guardian and Trustee creates or receives in any medium and records or stores in that medium or in any other medium. ("dossier du Tuteur et curateur public")

Copy as evidence

(2)  A copy of a record of the Public Guardian and Trustee, accompanied by the certificate described in subsection (3), is admissible in evidence and has the same probative force as the information in the record of the Public Guardian and Trustee would itself have had if it had been proved in the ordinary way.

Certificate

(3)  The certificate accompanying the copy shall,

(a) identify the record of the Public Guardian and Trustee and certify that the copy is a true copy or contains the same information as the record of the Public Guardian and Trustee; and

(b) be signed by the Public Guardian and Trustee and sealed with his or her official seal.

Public Inquiries Act

19.  Part I of the Public Inquiries Act is amended by adding the following section:

Languages of final reports

6.1  (1)  The final report of a commission shall be submitted, in accordance with the order in council appointing the commission, in both English and French at the same time.

Same

(2)  When a final report of a commission is made available to the public, it shall be released in both English and French at the same time.

Exception

(3)  The Lieutenant Governor in Council may order that subsection (1), subsection (2) or both subsections do not apply to a final report if, in the opinion of the Lieutenant Governor in Council, the health or safety of the public would not be served by delaying the submission, release or both because only one language version is ready.

Same

(4)  If an order is made under subsection (3), the other language version shall be submitted, released or both, as the case may be, as soon as possible.

Real Property Limitations Act

20.  (1)  Section 36 of the Real Property Limitations Act is amended by striking out "mental deficiency".

(2)  Section 39 of the Act is amended by striking out "mentally defective person".

Statutory Powers Procedure Act

21.  (1)  Section 2 of the Statutory Powers Procedure Act is amended by striking out "under section 25.1" and substituting "under subsection 17.1 (4) or section 25.1".

(2)  Section 17.1 of the Act is repealed and the following substituted:

Costs

17.1  (1)  Subject to subsection (2), a tribunal may, in the circumstances set out in rules made under subsection (4), order a party to pay all or part of another party's costs in a proceeding.

Exception

(2)  A tribunal shall not make an order to pay costs under this section unless,

(a) the conduct or course of conduct of a party has been unreasonable, frivolous or vexatious or a party has acted in bad faith; and

(b) the tribunal has made rules under subsection (4).

Amount of costs

(3)  The amount of the costs ordered under this section shall be determined in accordance with the rules made under subsection (4).

Rules

(4)  A tribunal may make rules with respect to,

(a) the ordering of costs;

(b) the circumstances in which costs may be ordered; and

(c) the amount of costs or the manner in which the amount of costs is to be determined.

Same

(5)  Subsections 25.1 (3), (4), (5) and (6) apply with respect to rules made under subsection (4).

Continuance of provisions in other statutes

(6)  Despite section 32, nothing in this section shall prevent a tribunal from ordering a party to pay all or part of another party's costs in a proceeding in circumstances other than those set out in, and without complying with, subsections (1) to (3) if the tribunal makes the order in accordance with the provisions of an Act that are in force on February 14, 2000.

Transition

(7)  This section, as it read on the day before the effective date, continues to apply to proceedings commenced before the effective date.

Same

(8)  Rules that are made under section 25.1 before the effective date and comply with subsection (4) are deemed to be rules made under subsection (4) until the earlier of the following days:

1. The first anniversary of the effective date.

2. The day on which the tribunal makes rules under subsection (4).

Definition

(9)  In subsections (7) and (8),

"effective date" means the day on which section 21 of Schedule B to the Good Government Act, 2006 comes into force.

Substitute Decisions Act, 1992

22.  (1)  Paragraph 4 of subsection 17 (1) of the Substitute Decisions Act, 1992 is repealed and the following substituted:

4. A trust corporation within the meaning of the Loan and Trust Corporations Act, if the incapable person has a spouse or partner who consents in writing to the application.

(2)  Section 19 of the Act is amended by adding the following subsections:

Exception, remaining statutory guardian

(4)  If there is a remaining statutory guardian as described in subsection (5),

(a) the remaining statutory guardian continues to have power to act; and

(b) subsections (1), (2) and (3) do not apply.

Same

(5)  There is a remaining statutory guardian for the purposes of subsection (4), unless the certificate of statutory guardianship provides otherwise, if the following conditions are satisfied:

1. Before the event described in paragraph 2, there are two or more joint statutory guardians of property.

2. One of the joint statutory guardians of property dies, becomes incapable of managing property or gives notice to the Public Guardian and Trustee of his or her resignation.

(3)  Subsection 24 (2.1) of the Act is repealed and the following substituted:

P.G.T.

(2.1)  The court shall not appoint the Public Guardian and Trustee as a guardian under section 22 unless,

(a) the application proposes the Public Guardian and Trustee as guardian;

(b) the application is accompanied by the Public Guardian and Trustee's written consent to the appointment; and

(c) there is no other suitable person who is available and willing to be appointed.

(4)  The Act is amended by adding the following section:

Access to personal information

31.1  Any person who has personal information about an incapable person to which the incapable person would be entitled to have access if capable, including health information and records, shall disclose it to the incapable person's guardian of property on request.

(5)  Subsection 39 (1) of the Act is amended by striking out "on any question arising in the management of the property" and substituting "on any question arising in connection with the guardianship or power of attorney".

(6)  Subsection 57 (2.2) of the Act is repealed and the following substituted:

P.G.T.

(2.2)  The court shall not appoint the Public Guardian and Trustee as a guardian under section 55 unless,

(a) the application proposes the Public Guardian and Trustee as guardian;

(b) the application is accompanied by the Public Guardian and Trustee's written consent to the appointment; and

(c) there is no other suitable person who is available and willing to be appointed.

(7)  Clause 59 (2) (d) of the Act is amended by striking out "to which the person could have access if capable" and substituting "to which the person would be entitled to have access if capable".

(8)  The Act is amended by adding the following section:

Access to personal information

59.1  Any person who has personal information about an incapable person to which the incapable person would be entitled to have access if capable, including health information and records, shall disclose it to the incapable person's guardian of the person on request if the guardian has the power referred to in clause 59 (2) (d).

(9)  Section 81 of the Act is repealed and the following substituted:

Order for enforcement of assessment order

81.  (1)  When an order for an assessment has been made under section 79, the court may, on motion, order the applicant in the proceeding in which the person's capacity is in issue, together with a police officer, to apprehend the person, take him or her into custody and bring him or her to a specified place to be assessed there, if the court is satisfied that,

(a) the assessor named in the order under section 79 has made all efforts that are reasonable in the circumstances to assess the person;

(b) the assessor was prevented from assessing the person by the actions of the person or of others;

(c) a restraining order is not appropriate in the circumstances, or has already been used without success; and

(d) there is no less intrusive means of permitting the assessment to be performed than an order under this subsection.

Duration of order

(2)  The order is valid for seven days.

Execution of order

(3)  The person named in the order and a police officer may enter the place specified in the order, between 9 a.m. and 4 p.m. or during the hours specified in the order, and may search for and remove the person, using such force as may be necessary.

Health facility

(4)  An order under subsection (1) that specifies a health facility as the place where the assessment is to be conducted authorizes the person's admission to the facility and his or her detention there, for the purpose of the assessment.

Restrictions

(5)  The person shall not be held in custody longer than is necessary for the purpose of the assessment, and in any case not for a period exceeding 72 hours, and while in custody shall not be confined in a manner that exceeds what is necessary for the purpose of the assessment.

(10)  Section 90 of the Act is amended by adding the following subsection:

General or particular

(3)  A regulation made under subsection (1) may be general or particular in its application.

(11)  The Schedule to the Act is amended by striking out " Ministry of Health Act " and substituting " Ministry of Health and Long-Term Care Act ".

Trustee Act

23.  Section 1 of the Trustee Act is amended by striking out the following definitions:

1. "Mental incompetent" or "mentally incompetent person".

2. "Person of unsound mind".

Commencement

Commencement

24.  (1)  Subject to subsections (2) to (7), this Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

Same

(2)  Subsection 15 (1) comes into force on the later of the day subsection 15 (1) of Schedule A to the Government Efficiency Act, 2002 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(3)  Subsection 15 (2) comes into force on the later of the day subsection 15 (4) of Schedule A to the Government Efficiency Act, 2002 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(4)  Subsection 15 (3) comes into force on the later of the day subsection 15 (5) of Schedule A to the Government Efficiency Act, 2002 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(5)  Subsection 16 (1) comes into force on the later of the day section 1 of the Public Accounting Act, 2004 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(6)  Subsection 16 (2) comes into force on the later of the day section 44 of the Public Accounting Act, 2004 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(7)  Section 2 comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE C
COURT NAMES

Amendments in table form

Table 1

1.  (1)  The provisions referred to in Table 1 to this Schedule are amended by striking out "Ontario Court (General Division)" wherever it appears and substituting in each case "Superior Court of Justice".

Table 2

(2)  The provisions referred to in Table 2 to this Schedule are amended by striking out "Ontario Court (Provincial Division)" wherever it appears and substituting in each case "Ontario Court of Justice".

Table 3

(3)  The provisions referred to in Table 3 to this Schedule are amended by striking out "Accountant of the Ontario Court" wherever it appears and substituting in each case "Accountant of the Superior Court of Justice".

Table 4

(4)  The provisions referred to in Table 4 to this Schedule are amended by striking out "Unified Family Court" wherever it appears and substituting in each case "Family Court of the Superior Court of Justice".

Arrangement of Tables

(5)  In each of the Tables to this Schedule,

(a) Column I sets out the chapter numbers of the Acts that are being amended;

(b) Column II names the Acts that are being amended;

(c) Column III names the provisions that are being amended.

Juries Act, s. 10

2.  (1)  Section 10 of the Juries Act is amended by striking out "Chief Justice of the Ontario Court" and substituting "Chief Justice of the Superior Court of Justice".

Same, s. 22.1

(2)  Section 22.1 of the Act is amended by striking out "General Division" and substituting "Superior Court of Justice".

Commencement

3.  This Schedule and the Tables to it come into force on the day the Good Government Act, 2006 receives Royal Assent.

TABLE 1/TABLEAU 1

I

II

III

Chapter

Chapitre

Act

Loi

Provision

Disposition

A.2

Absconding Debtors Act

Loi sur les débiteurs en fuite

3

   

12 (1)

A.3

Absentees Act

Loi sur les absents

2 (1)

   

8

A.14

Agricultural Tile Drainage Installation Act

Loi sur les installations de drainage agricole

9 (3)

   

10 (3)

A.19

Ambulance Act

Loi sur les ambulances

15 (5)

A.22

Animals for Research Act

Loi sur les animaux destinés à la recherche

10 (3)

   

11 (3)

   

22

17

Arbitration Act, 1991

Loi de 1991 sur l'arbitrage

1, definition of "court"

1, définition de «tribunal judiciaire»

B.5

Beef Cattle Marketing Act

Loi sur la commercialisation des bovins de boucherie

14 (3)

   

16 (3)

B.14

Bulk Sales Act

Loi sur la vente en bloc

1, definition of "court"

1, définition de «tribunal»

B.19

Business Records Protection Act

Loi sur la conservation des documents commerciaux

2 (1)

C.8

Charitable Gifts Act

Loi sur les dons de bienfaisance

3 (3)

   

4 (5)

   

5

   

8

C.9

Charitable Institutions Act

Loi sur les établissements de bienfaisance

9.11 (12)

   

11.1 (8) (b)

2

City of Toronto Act, 1997

Loi de 1997 sur la cité de Toronto

26 (1)

26

City of Toronto Act, 1997 (No. 2)

Loi de 1997 sur la cité de Toronto (nº 2)

82 (1)

6

Class Proceedings Act, 1992

Loi de 1992 sur les recours collectifs

1, definition of "court"

1, définition de «tribunal»

   

30 (2)

   

30 (9)

   

30 (10)

   

30 (11)

C.35

Co-operative Corporations Act

Loi sur les sociétés coopératives

1 (1), definition of "court"

1 (1), définition de «tribunal»

   

171.8 (6)

   

171.8 (7)

   

171.13 (1)

   

171.14 (1)

   

171.16 (2)

   

171.17

   

171.18 (2)

   

171.19

   

171.20 (1)

C.15

Colleges Collective Bargaining Act

Loi sur la négociation collective dans les collèges

46 (6)

   

62 (4)

C.16

Commercial Concentration Tax Act

Loi de l'impôt sur les concentrations commerciales

12 (1)

   

12 (3)

   

12 (4)

   

12 (5)

   

18 (2)

   

19 (10)

L.7

Commercial Tenancies Act

Loi sur la location commerciale

20 (1)

   

21

   

23 (2)

   

32 (1), definition of "under-tenant"

32 (1), définition de «sous-locataire»

   

38 (2)

   

39 (3)

   

56 (1)

   

64 (1)

   

64 (5)

   

65, definition of "judge"

65, définition de «juge»

   

68

   

74 (1)

   

Form 3

Formule 3

1992, c. 18

Community Small Business Investment Funds Act

Loi sur les fonds communautaires d'investissement dans les petites entreprises

35 (1)

C.30

Construction Lien Act

Loi sur le privilège dans l'industrie de la construction

1 (1), definition of "court"

1 (1), définition de «tribunal»

   

50 (1)

C.34

Conveyancing and Law of Property Act

Loi sur les actes translatifs de propriété et le droit des biens

21 (1)

   

27

   

37 (1)

   

48 (1)

   

48 (3)

   

49

   

53 (2)

   

61 (1)

C.37

Coroners Act

Loi sur les coroners

40 (3)

C.41

Costs of Distress Act

Loi sur les frais de saisie-gagerie

6 (2)

   

6 (5)

11

Credit Unions and Caisses Populaires Act, 1994

Loi de 1994 sur les caisses populaires et les credit unions

1, definition of "court"

1, définition de «tribunal»

C.45

Creditors' Relief Act

Loi sur le désintéressement des créanciers

1, definition of "judge"

1, définition de «juge»

   

2 (1)

   

7 (2)

   

8 (5)

   

9 (1)

   

15 (1)

   

16

   

17

   

18

   

19 (1)

   

22 (1)

   

22 (2) (b)

   

35

   

Form 2

Formule 2

   

Form 3

Formule 3

   

Form 4

Formule 4

   

Form 5

Formule 5

   

Form 7

Formule 7

C.49

Crown Attorneys Act

Loi sur les procureurs de la Couronne

8

   

11 (b)

   

11 (c)

   

11 (g)

   

15 (b)

22

Crown Foundations Act, 1996

Loi de 1996 sur les fondations de la Couronne

10 (4)

D.2

Day Nurseries Act

Loi sur les garderies

17 (1)

   

17 (2)

D.3

Dead Animal Disposal Act

Loi sur les cadavres d'animaux

11 (3)

   

12 (3)

D.13

Disorderly Houses Act

Loi sur les maisons de jeu et de débauche

1, definition of "court"

1, définition de «tribunal»

   

2 (3)

H.4

Drug and Pharmacies Regulation Act

Loi sur la réglementation des médicaments et des pharmacies

162 (1)

E.1

Edible Oil Products Act

Loi sur les produits oléagineux comestibles

10 (3)

E.12

Employers and Employees Act

Loi sur les employeurs et employés

10 (1)

   

10 (2)

E.21

Estates Act

Loi sur les successions

1, definition of "common form business"

1, définition de «forme ordinaire»

   

2

   

7 (1)

   

9 (1)

   

10 (1)

   

11 (2)

   

19

   

20

   

21

   

22

   

28

   

29 (1)

   

44 (2)

   

44 (3)

   

44 (4)

   

44 (5)

   

44 (6)

   

44 (7)

   

44 (14)

   

45 (2)

   

47 (1)

   

49 (1)

   

49 (10)

   

52 (1)

   

52 (3)

E.22

Estates Administration Act

Loi sur l'administration des successions

1, definition of "court"

1, définition de «cour»

   

1, definition of "judge"

1, définition de «juge»

F.2

Family Benefits Act

Loi sur les prestations familiales

15 (2)

F.3

Family Law Act

Loi sur le droit de la famille

1 (1), definition of "court"

1 (1), définition de «tribunal»

   

2 (3)

   

33 (6)

   

48

F.9

Farm Products Marketing Act

Loi sur la commercialisation des produits agricoles

13

28

Financial Services Commission of Ontario Act, 1997

Loi de 1997 sur la Commission des services financiers de l'Ontario

23 (1)

F.13

Fines and Forfeitures Act

Loi sur les amendes et confiscations

3

   

6 (2)

F.28

Forestry Workers Lien for Wages Act

Loi sur le privilège des travailleurs forestiers portant sur leur salaire

6 (1)

   

6 (2)

   

8 (1)

   

9 (1)

   

14 (1)

   

23 (5)

   

25 (3)

   

30

G.3

Gas and Oil Leases Act

Loi sur les baux portant sur du gaz naturel et du pétrole

1, definition of "judge"

1, définition de «juge»

G.10

Grains Act

Loi sur le grain

14 (3)

H.1

Habeas Corpus Act

Loi sur l'habeas corpus

1 (1)

   

6

H.2

Healing Arts Radiation Protection Act

Loi sur la protection contre les rayons X

11 (5)

   

12 (2)

   

25

H.5

Health Facilities Special Orders Act

Loi sur les arrêtés extraordinaires relatifs aux établissements de santé

11 (6)

   

13 (2)

   

17

H.6

Health Insurance Act

Loi sur l'assurance-santé

23 (3)

   

45.1 (2)

H.13

Homes for the Aged and Rest Homes Act

Loi sur les foyers pour personnes âgées et les maisons de repos

19.2 (12)

   

30.15 (2) (b)

I.3

Independent Health Facilities Act

Loi sur les établissements de santé autonomes

21 (5)

I.8

Insurance Act

Loi sur les assurances

22 (1)

   

128 (5)

   

169 (10)

   

171, definition of "court"

171, définition de «tribunal»

   

257 (1)

   

271 (1)

   

271 (1.1)

   

271 (1.2)

   

271 (2)

   

278 (4)

   

290, definition of "court"

290, définition de «tribunal»

   

393 (10) (a)

   

448 (1)

I.9

International Commercial Arbitration Act

Loi sur l'arbitrage international commercial

1 (8)

   

7 (1)

I.11

Interpretation Act

Loi d'interprétation

29 (1), definition of "Divisional Court"

29 (1), définition de «Cour divisionnaire»

J.1

Judicial Review Procedure Act

Loi sur la procédure de révision judiciaire

1, definition of "court"

1, définition de «Cour»

   

6 (2)

   

6 (4)

   

8

J.3

Juries Act

Loi sur les jurys

2

   

5 (1) (a)

   

5 (3) (b)

   

8 (3)

   

9

   

12

   

13 (1)

   

14 (1)

   

19 (2)

   

22

   

23 (3) (a)

   

24 (1)

   

25

   

26

   

35 (1) (a)

   

35 (2)

   

36.1 (2)

   

40 (2)

   

42

L.1

Laboratory and Specimen Collection Centre Licensing Act

Loi autorisant des laboratoires médicaux et des centres de prélèvement

12 (5)

   

13 (2)

26

Legal Aid Services Act, 1998

Loi de 1998 sur les services d'aide juridique

45 (3)

   

73 (1)

   

75 (3)

L.14

Lightning Rods Act

Loi sur les paratonnerres

7 (1)

L.20

Livestock and Livestock Products Act

Loi sur le bétail et les produits du bétail

9 (3)

   

10 (3)

L.22

Livestock Community Sales Act

Loi sur la vente à l'encan du bétail

9 (3)

   

10 (3)

L.23

Livestock Medicines Act

Loi sur les médicaments pour le bétail

10 (3)

   

11 (3)

L.24

Livestock, Poultry and Honey Bee Protection Act

Loi sur la protection du bétail, de la volaille et des abeilles

4 (13)

   

9 (15)

L.25

Loan and Trust Corporations Act

Loi sur les sociétés de prêt et de fiducie

50 (5)

   

50 (6)

   

77 (8)

   

77 (9)

   

84 (1)

   

85 (1)

   

106 (4)

   

110 (2)

   

110 (5)

   

113 (8)

   

114 (8)

   

116 (5)

   

148

   

149 (1)

   

173 (4)

   

173 (5)

   

173 (10)

   

173 (11)

   

175 (2)

   

196

   

203 (1)

   

203 (2)

   

206 (3)

   

210 (1)

   

211 (1)

26

Long-Term Care Act, 1994

Loi de 1994 sur les soins de longue durée

57 (2) (b)

M.5

Meat Inspection Act (Ontario)

Loi sur l'inspection des viandes (Ontario)

9 (3)

   

10 (3)

M.8

Mental Hospitals Act

Loi sur les hôpitaux psychiatriques

21 (1)

M.12

Milk Act

Loi sur le lait

22

M.20

Ministry of Community and Social Services Act

Loi sur le ministère des Services sociaux et communautaires

13 (2)

   

16 (4)

M.25

Ministry of Government Services Act

Loi sur le ministère des Services gouvernementaux

11 (4)

M.31

Ministry of Natural Resources Act

Loi sur le ministère des Richesses naturelles

11

M.39

Mortgage Brokers Act

Loi sur les courtiers en hypothèques

26 (3)

   

26 (6)

   

30 (1)

M.41

Motor Vehicle Accident Claims Act

Loi sur l'indemnisation des victimes d'accidents de véhicules automobiles

7 (2)

   

20 (1)

M.48

Municipal Arbitrations Act

Loi sur les arbitres municipaux

1 (2) (a)

   

1 (2) (c)

   

1 (2) (e)

   

5

   

8

   

11

M.50

Municipal Conflict of Interest Act

Loi sur les conflits d'intérêts municipaux

1, definition of "judge"

1, définition de «juge»

N.7

Nursing Homes Act

Loi sur les maisons de soins infirmiers

16 (5)

   

20.6 (12)

O.6

Ombudsman Act

Loi sur l'ombudsman

19 (9)

   

25 (4)

12

Ontario College of Teachers Act, 1996

Loi de 1996 sur l'Ordre des enseignantes et des enseignants de l'Ontario

49

25, Schedule B

25, Annexe B

Ontario Disability Support Program Act, 1997

Loi de 1997 sur le Programme ontarien de soutien aux personnes handicapées

16 (2)

   

16 (3)

O.17

Ontario Guaranteed Annual Income Act

Loi sur le revenu annuel garanti en Ontario

9 (7)

   

13 (1)

O.19

Ontario Highway Transport Board Act

Loi sur la Commission des transports routiers de l'Ontario

14 (2)

   

21

O.20

Ontario Home Ownership Savings Plan Act

Loi sur le régime d'épargne-logement de l'Ontario

13 (1) (b)

O.28

Ontario Municipal Board Act

Loi sur la Commission des affaires municipales de l'Ontario

25

   

38

   

79

   

86 (1)

   

98

O.36

Ontario Society for the Prevention of Cruelty to Animals Act

Loi sur la Société de protection des animaux de l'Ontario

18 (1)

25, Schedule A

25, Annexe A

Ontario Works Act, 1997

Loi de 1997 sur le programme Ontario au travail

21 (2)

   

21 (3)

P.4

Partition Act

Loi sur le partage des biens-fonds

1, definition of "court"

1, définition de «tribunal»

P.8

Pension Benefits Act

Loi sur les régimes de retraite

42 (10)

   

43 (6)

   

80 (7)

   

81 (7)

   

110 (5)

P.9

Perpetuities Act

Loi sur les dévolutions perpétuelles

1, definition of "court"

1, définition de «tribunal»

P.26

Private Career Colleges Act

Loi sur les collèges privés d'enseignement professionnel

7 (7)

   

11 (3)

P.24

Private Hospitals Act

Loi sur les hôpitaux privés

6 (1)

   

14 (5)

   

15 (2)

P.25

Private Investigators and Security Guards Act

Loi sur les enquêteurs privés et les gardiens

20 (4) (b)

   

21 (3)

P.38

Public Authorities Protection Act

Loi sur l'immunité des personnes exerçant des attributions d'ordre public

1

P.40

Public Hospitals Act

Loi sur les hôpitaux publics

41 (4)

   

43 (2)

P.41

Public Inquiries Act

Loi sur les enquêtes publiques

7 (2)

   

16 (1)

   

17 (2)

   

Form 1

Formule 1

P.45

Public Officers Act

Loi sur les fonctionnaires

13

   

15

   

16

P.47

Public Service Act

Loi sur la fonction publique

28.10 (5)

   

28.31

P.49

Public Service Works on Highways Act

Loi sur les travaux d'aménagement des voies publiques

2 (4)

P.50

Public Transportation and Highway Improvement Act

Loi sur l'aménagement des voies publiques et des transports en commun

112 (1)

R.5

Reciprocal Enforcement of Judgments Act

Loi sur l'exécution réciproque de jugements

2 (1)

   

7

R.19

Registered Insurance Brokers Act

Loi sur les courtiers d'assurances inscrits

23 (1)

   

24 (1)

   

24 (2)

   

24 (4)

18

Regulated Health Professions Act, 1991

Loi de 1991 sur les professions de la santé réglementées

Schedule 2, 87

Annexe 2, 87

R.23

Religious Organizations' Lands Act

Loi sur les biens-fonds des organisations religieuses

23 (1)

   

24 (1)

R.34

Road Access Act

Loi sur les chemins d'accès

1, definition of "judge"

1, définition de «juge»

S.5

Securities Act

Loi sur les valeurs mobilières

13 (1)

   

105 (1)

   

126 (1)

   

126 (5)

   

128 (1)

   

129 (1)

   

135 (1)

   

135 (2)

   

135 (3)

   

135 (4)

   

135 (5)

   

151 (1)

   

152 (1)

   

152 (2)

   

152 (4)

S.7

Settled Estates Act

Loi sur les substitutions immobilières

1 (1), definition of "court"

1 (1), définition de «tribunal»

2

Shortline Railways Act, 1995

Loi de 1995 sur les chemins de fer d'intérêt local

10 (13)

   

13 (7)

31

Social Work and Social Service Work Act, 1998

Loi de 1998 sur le travail social et les techniques de travail social

54

S.15

Solicitors Act

Loi sur les procureurs

3

   

6 (9)

   

8

   

23

   

25

   

34 (1)

S.22

Statutory Powers Procedure Act

Loi sur l'exercice des compétences légales

3 (2) (b) (ii)

   

12 (3.1)

   

12 (4)

   

19 (1)

   

19 (3)

S.26

Succession Law Reform Act

Loi portant réforme du droit des successions

12 (3)

   

57, definition of "court"

57, définition de «tribunal»

S.29

Surveyors Act

Loi sur les arpenteurs-géomètres

17 (17)

   

29 (5)

   

38

15

Toronto Islands Residential Community Stewardship Act, 1993

Loi de 1993 sur l'administration de la zone résidentielle des îles de Toronto

9 (11)

   

9 (12)

T.17

Trades Qualification and Apprenticeship Act

Loi sur la qualification professionnelle et l'apprentissage des gens de métier

8 (2)

   

12 (c) (iii)

   

21 (2)

   

22 (5)

   

24 (2)

T.22

Truck Transportation Act

Loi sur le camionnage

22 (6)

U.2

Unconscionable Transactions Relief Act

Loi sur la réduction des opérations exorbitantes

1, definition of "cost of the loan"

1, définition de «coût de l'emprunt»

   

4 (1)

V.1

Variation of Trusts Act

Loi sur la modification des fiducies

1 (1)

V.2

Vendors and Purchasers Act

Loi sur la vente immobilière

3 (1)

V.3

Veterinarians Act

Loi sur les vétérinaires

28 (12)

W.3

Warehouse Receipts Act

Loi sur les récépissés d'entrepôt

9

W.4

Water Transfer Control Act

Loi sur le contrôle des transferts d'eau

15 (1)

TABLE 2/TABLEAU 2

I

II

III

Chapter

Chapitre

Act

Loi

Provision

Disposition

A.21

Anatomy Act

Loi sur l'anatomie

6

C.45

Creditors' Relief Act

Loi sur le désintéressement des créanciers

2 (1)

   

3 (3)

   

3 (5)

   

3 (8)

F.3

Family Law Act

Loi sur le droit de la famille

1 (1), definition of "court"

1 (1), définition de «tribunal»

   

4 (1), definition of "court"

4 (1), définition de «tribunal»

   

17, definition of "court"

17, définition de «tribunal»

   

34 (2)

   

35 (1)

   

48

   

49 (1)

   

59 (1)

I.3

Independent Health Facilities Act

Loi sur les établissements de santé autonomes

37 (6)

P.17

Pounds Act

Loi sur les fourrières

14 (2)

S.5

Securities Act

Loi sur les valeurs mobilières

13 (4)

S.22

Statutory Powers Procedure Act

Loi sur l'exercice des compétences légales

3 (2) (b) (iii)

TABLE 3/TABLEAU 3

I

II

III

Chapter

Chapitre

Act

Loi

Provision

Disposition

E.21

Estates Act

Loi sur les successions

35

F.12

Financial Administration Act

Loi sur l'administration financière

16.3, definition of "ministry"

16.3, définition de «ministère»

L.5

Land Titles Act

Loi sur l'enregistrement des droits immobiliers

54 (6)

   

56 (4)

   

57 (11)

TABLE 4/TABLEAU 4

I

II

III

Chapter

Chapitre

Act

Loi

Provision

Disposition

C.45

Creditors' Relief Act

Loi sur le désintéressement des créanciers

2 (1)

   

3 (3)

   

3 (5)

   

3 (8)

F.3

Family Law Act

Loi sur le droit de la famille

1 (1), definition of "court"

1 (1), définition de «tribunal»

   

35 (1)

   

59 (1)

S.22

Statutory Powers Procedure Act

Loi sur l'exercice des compétences légales

3 (2) (b) (iv)

SCHEDULE D
AMENDMENTS RELATING TO THE ENACTMENT OF THE YOUTH CRIMINAL JUSTICE ACT (CANADA)

Change of Name Act

1.  (1)  Clause 6 (2) (h) of the Change of Name Act is repealed and the following substituted:

(h) particulars of every offence of which the person has been found guilty and for which an adult sentence has been imposed under the Youth Criminal Justice Act (Canada), as described in section 117 of that Act;

(2)  Clause 6 (2) (h.2) of the Act is amended by striking out "including every pending criminal charge against the person under the Young Offenders Act (Canada)".

(3)  Clause 6 (10) (c) of the Act is repealed and the following substituted:

(c) every offence of which the person to whose name the application relates has been found guilty and for which an adult sentence has been imposed under the Youth Criminal Justice Act (Canada), as described in section 117 of that Act;

(4)  Clause 6 (10) (e) of the Act is amended by striking out "including every pending criminal charge under the Young Offenders Act (Canada)".

(5)  Subsection 7.1 (5) of the Act is amended by striking out "younger than a "young person" as defined in the Young Offenders Act (Canada)" and substituting "less than 12 years old".

Child and Family Services Act

2.  (1)  Clause (e) of the definition of "service" in subsection 3 (1) of the Child and Family Services Act is repealed and the following substituted:

(e) a youth justice service; ("service")

(2)  The definition of "young offenders service" in subsection 3 (1) of the Act is repealed and the following substituted:

"youth justice service" means a service provided under Part IV (Youth Justice) or under a program established under that Part. ("service de justice pour les adolescents")

(3)  Subsection 27 (3) of the Act is amended by striking out "Part IV (Young Offenders)" and substituting "Part IV (Youth Justice)".

(4)  Clause (a) of the definition of "residential placement" in subsection 34 (1) of the Act is repealed and the following substituted:

(a) a placement made under the Young Offenders Act (Canada), under the Youth Criminal Justice Act (Canada) or under Part IV (Youth Justice),

(5)  Clause (a) of the definition of "place of safety" in subsection 37 (1) of the Act is amended by striking out "Part IV (Young Offenders)" and substituting "Part IV (Youth Justice)".

(6)  Subsection 40 (10) of the Act is amended by striking out "Part IV (Young Offenders)" at the end and substituting "Part IV (Youth Justice)".

(7)  Subsection 41 (5) of the Act is amended by striking out "Part IV (Young Offenders)" in the portion before clause (a) and substituting "Part IV (Youth Justice)".

(8)  Subsection 44 (6) of the Act is amended by striking out "Part IV (Young Offenders)" at the end and substituting "Part IV (Youth Justice)".

(9)  Subclause 51 (2) (d) (i) of the Act is amended by striking out "Part IV (Young Offenders)" and substituting "Part IV (Youth Justice)".

(10)  Subsection 69 (4) of the Act is amended by striking out "Part IV (Young Offenders)" and substituting "Part IV (Youth Justice)".

(11)  The heading to Part IV of the Act is repealed and the following substituted:

PART IV
YOUTH JUSTICE

(12)  Section 88 of the Act is repealed and the following substituted:

Definitions

88.  In this Part,

"bailiff" means a bailiff appointed under clause 90 (1) (c); ("huissier")

"Board" means the Custody Review Board established under subsection 96 (1); ("Commission")

"federal Act" means the Youth Criminal Justice Act (Canada); ("loi fédérale")

"place of open custody" means a place or facility designated as a place of open custody under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the federal Act or otherwise; ("lieu de garde en milieu ouvert")

"place of open temporary detention" means a place of temporary detention in which the Minister has established an open detention program; ("lieu de détention provisoire en milieu ouvert")

"place of secure custody" means a place or facility designated for the secure containment or restraint of young persons under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the federal Act or otherwise; ("lieu de garde en milieu fermé")

"place of secure temporary detention" means a place of temporary detention in which the Minister has established a secure detention program; ("lieu de détention provisoire en milieu fermé")

"place of temporary detention" means a place or facility designated as a place of temporary detention under the Young Offenders Act (Canada) or under the federal Act; ("lieu de détention provisoire")

"probation officer" means,

(a) a person appointed or designated by the Lieutenant Governor in Council or his or her delegate to perform any of the duties or functions of a youth worker under the Young Offenders Act (Canada) or under the federal Act, or

(b) a probation officer appointed under clause 90 (1) (b); ("agent de probation")

"provincial director" means,

(a) a person, the group or class of persons or the body appointed or designated by the Lieutenant Governor in Council or his or her delegate to perform any of the duties or functions of a provincial director under the Young Offenders Act (Canada) or under the federal Act, or

(b) a person as appointed under clause 90 (1) (a); ("directeur provincial")

"services and programs" means services and programs provided pursuant to the Young Offenders Act (Canada), the federal Act or the Provincial Offences Act and other related services and programs; ("services et programmes")

"young person" means a child as defined in subsection 3 (1) who is, or, in the absence of evidence to the contrary, appears to be,

(a) 12 years of age or more but,

(b) under 16 years of age,

and includes a person 16 years of age or more charged with having committed an offence while he or she was 12 years of age or more but under 16 years of age. ("adolescent")

(13)  Subsection 89 (1) of the Act is amended by striking out "the federal Act and the Provincial Offences Act" in the portion after clause (b) and substituting "the Young Offenders Act (Canada), the federal Act and the Provincial Offences Act".

(14)  Subsection 89 (3) of the Act is repealed and the following substituted:

Secure custody programs

(3)  The Minister may establish secure custody programs in places of secure custody.

(15)  Clause 90 (1) (a) of the Act is repealed and the following substituted:

(a) a provincial director, to perform any or all of the duties and functions of a provincial director,

(i) under the federal Act,

(ii) under the Young Offenders Act (Canada), and

(iii) under the regulations;

(16)  Subclause 90 (1) (b) (i) of the Act is repealed and the following substituted:

(i) of a youth worker under the federal Act and under the Young Offenders Act (Canada),

(17)  Subsection 91 (1) of the Act is amended by striking out "within the meaning of the federal Act" and substituting "within the meaning of the federal Act or the Young Offenders Act (Canada)".

(18)  Subsection 93 (1) of the Act is amended by striking out "under the federal Act" and substituting "under the federal Act or the Young Offenders Act (Canada)".

(19)  Subparagraph 1 ii of subsection 93 (2) of the Act is amended by striking out "the federal Act" and substituting "the federal Act or the Young Offenders Act (Canada)".

(20)  Subsection 93 (3) of the Act is amended by striking out "a medium security or maximum security place of custody" and substituting "a place of secure custody".

(21)  Subsection 93 (4) of the Act is amended by striking out "under the federal Act" and substituting "under the federal Act or under the Young Offenders Act (Canada)".

(22)  The English version of subsection 93 (5) of the Act is amended by striking out "youth court" wherever it appears and substituting in each case "youth justice court".

(23)  Section 94 of the Act is repealed.

(24)  Clause 95 (b) of the Act is amended by striking out "section 35 (temporary release)" and substituting "section 91 (reintegration leave)".

(25)  Clause 97 (1) (a) of the Act is repealed.

(26)  Clause 97 (1) (c) of the Act is amended by striking out "temporary release under section 35 of the federal Act" and substituting "temporary release under section 35 of the Young Offenders Act (Canada) or reintegration leave under section 91 of the federal Act".

(27)  Clause 97 (1) (d) of the Act is amended by striking out "under subsection 24.2 (9) of the federal Act" and substituting "under subsection 24.2 (9) of the Young Offenders Act (Canada) in accordance with section 88 of the federal Act".

(28)  Clause 97 (6) (a) of the Act is repealed and the following substituted:

(a) recommend to the provincial director,

(i) where the Board is of the opinion that the place where the young person is held or to which he or she has been transferred is not appropriate to meet the young person's needs, that the young person be transferred to another place,

(ii) that the young person's temporary release be authorized under section 35 of the Young Offenders Act (Canada) or the young person's reintegration leave be authorized under section 91 of the federal Act, or

(iii) where the young person has been transferred as described in clause (1) (d), that the young person be returned to a place of open custody; or

(29)  Subsection 98 (1) of the Act is amended by striking out "under the federal Act" and substituting "under the Young Offenders Act (Canada) or the federal Act".

(30)  Clause 98 (2) (b) of the Act is amended by striking out "temporary release" and substituting "reintegration leave".

(31)  Clause 98 (4) (b) of the Act is amended by striking out "temporary release" and substituting "reintegration leave".

(32)  Clause (b) of the definition of "child in care" in section 99 of the Act is repealed and the following substituted:

(b) a child who is,

(i) detained in a place of temporary detention under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada),

(ii) committed to a place of secure or open custody designated under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, or

(iii) held in a place of open custody under section 95 of Part IV (Youth Justice).

(33)  Subsection 100 (1) of the Act is amended by striking out "Part IV (Young Offenders)" and substituting "Part IV (Youth Justice)".

(34)  Clause 108 (e) of the Act is repealed and the following substituted:

(e) the review procedures available under section 97 of Part IV (Youth Justice), in the case of a child described in clause (b) of the definition of "child in care" in section 99;

(35)  Subclause 117 (1) (b) (ii) of the Act is repealed and the following substituted:

(ii) the child's detention or custody under the Young Offenders Act (Canada), under the Youth Criminal Justice Act (Canada) or under the Provincial Offences Act, or

(36)  Subsection 127 (2) of the Act is amended by striking out "Part IV (Young Offenders)" at the end and substituting "Part IV (Youth Justice)".

(37)  Subsection 131 (2) of the Act is repealed and the following substituted:

Exception

(2)  Subsection (1) does not prohibit the use of restraints that are reasonably necessary for the secure transportation or transfer of a child,

(a) who has been admitted to a secure treatment program under this Part;

(b) who is detained under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) or has been committed to secure or open custody under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada); or

(c) to whom section 95 of Part IV (Youth Justice) (open custody) applies.

(38)  Clause 180 (2) (b) of the Act is amended by striking out "Young Offenders Act (Canada)" and substituting "Youth Criminal Justice Act (Canada)".

(39)  Paragraph 8 of subsection 214 (1) of the Act is amended by striking out "young offenders service" and substituting "youth justice service".

Christopher's Law (Sex Offender Registry), 2000

3.  (1)  Subsection 8 (2) of Christopher's Law (Sex Offender Registry), 2000 is repealed and the following substituted:

Exception

(2)  Except as provided in subsection (3), this Act does not apply to a young person within the meaning of the Young Offenders Act (Canada), despite the repeal of that Act, or to a young person within the meaning of the Youth Criminal Justice Act (Canada).

(2)  Subsection 8 (3) of the Act is repealed and the following substituted:

Same

(3)  This Act does apply to,

(a) a young person within the meaning of the Young Offenders Act (Canada) who has been convicted of a sex offence or found not criminally responsible of a sex offence on account of mental disorder in ordinary court as the result of an order made under section 16 of the Young Offenders Act (Canada); or

(b) a young person within the meaning of the Youth Criminal Justice Act (Canada) who is found guilty of a sex offence and receives an adult sentence within the meaning of that Act for the offence.

Coroners Act

4.  (1)  Clause 10 (3) (c) of the Coroners Act is repealed and the following substituted:

(c) committed to secure or open custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise,

(2)  Subsection 10 (4) of the Act is amended by striking out "under section 24.1 of the Young Offenders Act (Canada)" and substituting "under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

Courts of Justice Act

5.  (1)  Subsection 38 (3) of the Courts of Justice Act is repealed and the following substituted:

Youth court and youth justice court

(3)  The Ontario Court of Justice is a youth court for the purposes of the Young Offenders Act (Canada) and a youth justice court for the purposes of the Youth Criminal Justice Act (Canada).

(2)  Subsection 68 (4) of the Act is repealed.

Crown Employees Collective Bargaining Act, 1993

6.  Clauses (f) and (g) of the definition of "facility" in subsection 7 (5) of the Crown Employees Collective Bargaining Act, 1993 are repealed and the following substituted:

(f) a place of temporary detention under the Youth Criminal Justice Act (Canada),

(g) a youth custody facility under the Youth Criminal Justice Act (Canada), or

Employment Standards Act, 2000

7.  Paragraphs 4 and 5 of subsection 3 (5) of the Employment Standards Act, 2000 are repealed and the following substituted:

4. An individual who is an inmate of a correctional institution within the meaning of the Ministry of Correctional Services Act, is an inmate of a penitentiary, is being held in a detention facility within the meaning of the Police Services Act or is being held in a place of temporary detention or youth custody facility under the Youth Criminal Justice Act (Canada), if the individual participates inside or outside the institution, penitentiary, place or facility in a work project or rehabilitation program.

5. An individual who performs work under an order or sentence of a court or as part of an extrajudicial measure under the Youth Criminal Justice Act (Canada).

Health Protection And Promotion Act

8.  (1)  Clause (o) of the definition of "institution" in subsection 21 (1) of the Health Protection and Promotion Act is amended by striking out "under section 24.1 of the Young Offenders Act (Canada)" and substituting "under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

(2)  The definition of "place of secure custody" in subsection 37 (3) of the Act is amended by striking out "under section 24.1 of the Young Offenders Act (Canada)" and substituting "under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

(3)  The definition of "place of temporary detention" in subsection 37 (3) of the Act is amended by striking out "subsection 7 (1) of the Young Offenders Act (Canada)" and substituting "the Youth Criminal Justice Act (Canada)".

Highway Traffic Act

9.  (1)  The definition of "conviction" in subsection 1 (1) of the Highway Traffic Act is repealed and the following substituted:

"conviction" includes a disposition made under the Young Offenders Act (Canada) or a sentence imposed under the Youth Criminal Justice Act (Canada); ("déclaration de culpabilité")

(2)  Clause 41 (5) (b) of the Act is repealed and the following substituted:

(b) a disposition is made under section 20 or sections 28 to 32 of the Young Offenders Act (Canada) or a youth sentence is imposed under section 42, 59, 94, 95 or 96 of the Youth Criminal Justice Act (Canada) or an adult sentence is imposed under the Youth Criminal Justice Act (Canada), including a confirmation or variation of the disposition or sentence.

(3)  Clause 42 (4) (b) of the Act is repealed and the following substituted:

(b) a disposition is made under section 20 or sections 28 to 32 of the Young Offenders Act (Canada) or a youth sentence is imposed under section 42, 59, 94, 95 or 96 of the Youth Criminal Justice Act (Canada) or an adult sentence is imposed under the Youth Criminal Justice Act (Canada), including a confirmation or variation of the disposition or sentence.

(4)  Clause 198.5 (3) (b) of the Act is repealed and the following substituted:

(b) an order under the Criminal Code (Canada), a disposition under the Young Offenders Act (Canada) or a sentence imposed under the Youth Criminal Justice Act (Canada) directs that the person be discharged.

(5)  Subsection 210 (5) of the Act is repealed and the following substituted:

Order for conditional discharge

(5)  Where a person pleads guilty to or is found guilty of an offence under the Criminal Code (Canada), the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) referred to in subsection (1) and an order directing that the person be discharged is made under section 736 of the Criminal Code (Canada), section 20 or sections 28 to 32 of the Young Offenders Act (Canada) or section 42, 59, 94, 95 or 96 of the Youth Criminal Justice Act (Canada) including an order in respect of a person on whom an adult sentence is imposed under the Youth Criminal Justice Act (Canada), the judge, provincial judge or justice of the peace who makes the order or the clerk of the court in which the order is made shall forthwith notify the Registrar of the order.

(6)  Subsection 210 (6) of the Act is repealed and the following substituted:

Same

(6)  A notice given under subsection (5) shall set out the name, address and description of the person discharged by the order, the number of the person's driver's licence, the number of the permit of the motor vehicle or the registration number of the motorized snow vehicle with which the offence was committed, the time the offence was committed and the provision of the Criminal Code (Canada), the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) contravened.

Legal Aid Services Act, 1998

10.  (1)  The definition of "criminal law" in section 2 of the Legal Aid Services Act, 1998 is repealed and the following substituted:

"criminal law" includes legal matters relating to,

(a) provincial offences, and

(b) the Youth Criminal Justice Act (Canada); ("droit criminel")

(2)  Subsection 16 (2) of the Act is repealed and the following substituted:

Direction under Youth Criminal Justice Act (Canada)

(2)  If a court makes a direction under paragraph 25 (4) (b) of the Youth Criminal Justice Act (Canada), the Attorney General may direct the Corporation under subsection 25 (5) of that Act to provide legal aid services, in accordance with the court direction, to the young person who is the subject of the court direction.

Direction under Young Offenders Act (Canada)

(3)  If a court makes a direction under paragraph 11 (4) (b) of the Young Offenders Act (Canada), the Attorney General may direct the Corporation under subsection 11 (5) of that Act to provide legal aid services, in accordance with the court direction, to the young person who is the subject of the court direction.

Ministry of Community and Social Services Act

11.  Clause 7 (b) of the Ministry of Community and Social Services Act is repealed and the following substituted:

(b) any other person,

(i) who is a Crown ward under Part III (Child Protection) of the Child and Family Services Act, or

(ii) who is held in a place of temporary detention under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) or a place of open or secure custody designated under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise,

Ministry of Correctional Services Act

12.  (1)  The definition of "inmate" in section 1 of the Ministry of Correctional Services Act is amended by striking out "but does not include a young person within the meaning of the Young Offenders Act (Canada)" at the end and substituting "but does not include a young person within the meaning of the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada)".

(2)  If subsection 18 (2) of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2006 receives Royal Assent, subsection (1) is without effect.

(3)  The definition of "inmate" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 18, is repealed and the following substituted:

"inmate" means a person confined in a correctional institution or otherwise detained in lawful custody under a court order, but does not include a young person within the meaning of the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) unless he or she,

(a) has been transferred to ordinary court under the Young Offenders Act (Canada), or

(b) receives an adult sentence within the meaning of the Youth Criminal Justice Act (Canada); ("détenu")

(4)  The definition of "place of open custody" in section 1 of the Act is amended by striking out "under subsection 24.1 (1) of the Young Offenders Act (Canada)" and substituting "under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

(5)  If subsection 18 (4) of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2006 receives Royal Assent, subsection (4) is without effect.

(6)  The definition of "place of open custody" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 18, is repealed and the following substituted:

"place of open custody" means a place or facility designated as a place of open custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, and operated or maintained by the Ministry or by a contractor; ("lieu de garde en milieu ouvert")

(7)  The definition of "place of secure custody" in section 1 of the Act is amended by striking out "under subsection 24.1 (1) of the Young Offenders Act (Canada)" and substituting "under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

(8)  If subsection 18 (4) of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2006 receives Royal Assent, subsection (7) is without effect.

(9)  The definition of "place of secure custody" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 18, is repealed and the following substituted:

"place of secure custody" means a place or facility designated as a place of secure custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, and operated or maintained by the Ministry or by a contractor; ("lieu de garde en milieu fermé")

(10)  The definition of "place of temporary detention" in section 1 of the Act is amended by striking out "subsection 7 (1) of the Young Offenders Act (Canada)" and substituting "subsection 7 (1) of the Young Offenders Act (Canada) or subsection 30 (1) of the Youth Criminal Justice Act (Canada)".

(11)  If subsection 18 (4) of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2006 receives Royal Assent, subsection (10) is without effect.

(12)  The definition of "place of temporary detention" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 18, is repealed and the following substituted:

"place of temporary detention" means a place or facility designated as a place of temporary detention under subsection 7 (1) of the Young Offenders Act (Canada) or under subsection 30 (1) of the Youth Criminal Justice Act (Canada) and operated or maintained by the Minister or by a contractor; ("lieu de détention provisoire")

(13)  Subsection 8 (2) of the Act is amended by striking out "Young Offenders Act (Canada)" and substituting "Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada)".

(14)  Clause 10 (1) (a) of the Act is amended by striking out "Young Offenders Act (Canada)" and substituting "Young Offenders Act (Canada), the Youth Criminal Justice Act (Canada)".

(15)  Clause 43 (3) (b) of the Act is amended by striking out "and the Young Offenders Act (Canada)" and substituting "the Young Offenders Act (Canada) and the Youth Criminal Justice Act (Canada)".

(16)  Subsection 46 (1) of the Act is repealed and the following substituted:

Appointments by Minister

(1)  The Minister may appoint any person as,

(a) a provincial director, to perform any or all of the duties and functions of a provincial director,

(i) under the Young Offenders Act (Canada),

(ii) under the Youth Criminal Justice Act (Canada), and

(iii) under this Act or the regulations; and

(b) a youth worker, to perform any or all of the duties and functions of a youth worker,

(i) under the Young Offenders Act (Canada),

(ii) under the Youth Criminal Justice Act (Canada), and

(iii) under this Act or the regulations.

(17)  Subsection 47 (2) of the Act is repealed.

(18)  Subsection 48 (1) of the Act is amended by striking out "this Act and the Young Offenders Act (Canada)" at the end and substituting "this Act, the Young Offenders Act (Canada) and the Youth Criminal Justice Act (Canada)".

(19)  If section 42 of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2006 receives Royal Assent, subsection (18) is without effect.

(20)  Section 49 of the Act, before its re-enactment by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 44, is repealed and the following substituted:

Temporary detention

Open detention unless provincial director determines otherwise

49.  (1)  A young person who is detained under the Young Offenders Act (Canada) or the Youth Criminal Justice Act in a place of temporary detention shall be detained in a place of open temporary detention unless a provincial director determines under subsection (2) that the young person is to be detained in a place of secure temporary detention.

Where secure detention available

(2)  A provincial director may detain a young person who is detained under the Young Offenders Act (Canada) or the Youth Criminal Justice Act in a place of secure temporary detention,

(a) if the young person,

(i) is charged with an offence that includes causing or attempting to cause serious bodily harm to another person,

(ii) has, at any time, failed to appear in court when required to do so under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada), or escaped or attempted to escape from lawful detention, or

(iii) has, within the 12 months immediately preceding the offence on which the current charge is based, been convicted of an offence for which an adult would be liable to imprisonment for five years or more; or

(b) where the provincial director is satisfied that it is necessary to detain the young person in a place of secure temporary detention,

(i) to ensure the young person's attendance in court, or

(ii) to protect the public interest or safety.

Same

(3)  Despite subsection (1), a young person who is detained under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) in a place of temporary detention may be detained in a place of secure temporary detention for a period not exceeding 24 hours while a provincial director makes a determination in respect of the young person under subsection (2).

Review by youth justice court

(4)  A young person who is being detained in a place of secure temporary detention and is brought before a youth justice court for a review under the Criminal Code (Canada) may request that the youth justice court review the level of the young person's detention, and the youth justice court may confirm the provincial director's decision under subsection (2) or may direct that the young person be transferred to a place of open temporary detention.

(21)  If section 44 of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2006 receives Royal Assent, subsection (20) is without effect.

(22)  Clause 52 (1) (c) of the Act is amended by adding at the end "or reintegration leave under section 91 of the Youth Criminal Justice Act (Canada)".

(23)  Subclause 52 (5) (a) (iii) of the Act is repealed and the following substituted:

(iii) that the young person's temporary release under section 35 of the Young Offenders Act (Canada) or reintegration leave under section 91 of the Youth Criminal Justice Act (Canada) be authorized; or

(24)  Clause 53 (2) (b) of the Act is amended by striking out "section 35 of the Young Offenders Act (Canada)" and substituting "section 91 of the Youth Criminal Justice Act (Canada)".

(25)  Subsection 53 (4) of the Act is repealed and the following substituted:

Concurrent terms

(4)  Where a young person is committed to secure custody under the Young Offenders Act (Canada) or under the Youth Criminal Justice Act (Canada) and is sentenced concurrently to a term of imprisonment under the Provincial Offences Act, the term of imprisonment under the Provincial Offences Act shall be served in the same place as the disposition under the Young Offenders Act (Canada) or the sentence under the Youth Criminal Justice Act (Canada).

(26)  The definition of "young person in custody" in subsection 54 (1) of the Act is amended by adding at the end "or under the Youth Criminal Justice Act (Canada)".

Municipal Act, 2001

13.  Subsection 323 (2) of the Municipal Act, 2001 is amended by striking out "under section 24.1 of the Young Offenders Act (Canada)" and substituting "under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

Occupational Health and Safety Act

14.  Clause 43 (2) (c) of the Occupational Health and Safety Act is repealed and the following substituted:

(c) a person employed in the operation of,

(i) a correctional institution or facility,

(ii) a place of secure custody designated under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise,

(iii) a place of temporary detention under the Youth Criminal Justice Act (Canada), or

(iv) a similar institution, facility or place;

Ombudsman Act

15.  Subsection 16 (2) of the Ombudsman Act is repealed and the following substituted:

To be forwarded

(2)  Despite any provision of any Act, if a letter addressed to the Ombudsman is written by an inmate of a provincial correctional institution, a person held in a youth custody facility under the Youth Criminal Justice Act (Canada) or a patient in a provincial psychiatric facility, the letter shall be immediately forwarded, unopened, to the Ombudsman by the person for the time being in charge of the institution, youth custody facility or other facility.

Parental Responsibility Act, 2000

16.  (1)  The definition of "offence" in subsection 3 (1) of the Parental Responsibility Act, 2000 is repealed and the following substituted:

"offence" has the same meaning as in the Young Offenders Act (Canada) and the Youth Criminal Justice Act (Canada).

(2)  Subsection 3 (2) of the Act is amended by striking out "Young Offenders Act (Canada)" in the portion before clause (a) and substituting "Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada)".

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

Same

(3)  For the purposes of subsection (2), a copy of a sentence order under the Youth Criminal Justice Act (Canada) showing that the original order appeared to be signed by the officer having custody of the records of the court that made the order is, on proof of the identity of the child named as guilty of the offence in the order, sufficient evidence that the child was found guilty of the offence, without proof of the signature or of the official character of the person appearing to have signed the order.

(4)  Subsection 3 (4) of the Act is amended by striking out "Young Offenders Act (Canada)" and substituting "Youth Criminal Justice Act (Canada)".

(5)  Subsection 3 (5) of the Act is amended by striking out "Young Offenders Act (Canada)" in the portion before clause (a) and substituting "Youth Criminal Justice Act (Canada)".

(6)  Section 4 of the Act is amended,

(a) by striking out "Young Offenders Act (Canada)" and substituting "Youth Criminal Justice Act (Canada)"; and

(b) by striking out " Young Offenders Act " and substituting " Youth Criminal Justice Act ".

(7)  Clause 11 (a) of the Act is amended by striking out "paragraph 44.1 (1) (h) of the Young Offenders Act (Canada)" and substituting "paragraph 119 (1) (r) of the Youth Criminal Justice Act (Canada)".

Pay Equity Act

17.  Clause 1 (q) under the heading "MINISTRY OF COMMUNITY AND SOCIAL SERVICES" in the Appendix to the Schedule to the Pay Equity Act is amended by striking out "young offenders" and substituting "young persons".

Provincial Offences Act

18.  (1)  Section 103 of the Provincial Offences Act is amended by striking out "place of open custody designated under section 24.1 of the Young Offenders Act (Canada)" at the end and substituting "place of open custody designated under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

(2)  Subsection 107 (7) of the Act is amended by striking out "under subsection 7 (1) of the Young Offenders Act (Canada)" and substituting "under the Youth Criminal Justice Act (Canada)".

Public Service Act

19.  Clauses (f) and (g) of the definition of "facility" in subsection 32 (2) of the Public Service Act are repealed and the following substituted:

(f) a place of temporary detention under the Youth Criminal Justice Act (Canada),

(g) a youth custody facility under the Youth Criminal Justice Act (Canada), or

Commencement

Commencement

20.  (1)  Subject to subsections (2) to (7), this Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

Same

(2)  Subsection 2 (37) comes into force on the later of the day subsection 131 (2) of the Child and Family Services Act comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(3)  Subsection 2 (38) comes into force on the later of the day subsection 180 (2) of the Child and Family Services Act comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(4)  Subsection 9 (4) comes into force on the later of the day section 32 of the Rescuing Children from Sexual Exploitation Act, 2002 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(5)  Subsection 12 (3) comes into force on the later of the day subsection 18 (2) of Schedule N to the Government Efficiency Act, 2002 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(6)  Subsections 12 (6), (9) and (12) come into force on the later of the day subsection 18 (4) of Schedule N to the Government Efficiency Act, 2002 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(7)  Subsection 12 (15) comes into force on the later of the day section 41 of Schedule N to the Government Efficiency Act, 2002 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE E
MINISTRY OF COMMUNITY AND SOCIAL SERVICES

Developmental Services Act

1.  Section 5 of the Developmental Services Act is amended by striking out "Minister of Health" and substituting "Minister of Health and Long-Term Care".

Ontario Disability Support Program Act, 1997

2.  (1)  The definition of "benefits" in section 2 of the Ontario Disability Support Program Act, 1997 is repealed and the following substituted:

"benefits" means the prescribed items, services or payments, but does not include extended health benefits; ("prestations")

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

"extended health benefits" means the prescribed items, services or payments that are provided under section 49.1; ("prestations pour services de santé")

(3)  Section 14 of the Act is amended by adding the following subsections:

Overpayment a debt due to the Crown

(2.1)  An overpayment under this Act is a debt due to the Crown in right of Ontario.

. . . . .

Same, debts due to the Crown

(5)  In addition to the methods referenced in subsection (4), an overpayment that is a debt due to the Crown in right of Ontario may be recovered by any remedy or procedure available to the Crown by law.

(4)  Subsection 21 (1) of the Act is repealed and the following substituted:

Decisions that may be appealed

(1)  Any decision of the Director affecting eligibility for or the amount of income support, assistance under section 49 or extended health benefits under section 49.1, other than a decision referred to in subsection (2), may be appealed to the Tribunal.

(5)  The Act is amended by adding the following section:

Extended health benefits

49.l  In order to provide an incentive to recipients of income support to become self-sufficient and to support persons who were recipients in remaining self-sufficient, the Director may provide extended health benefits in accordance with the regulations to former recipients of income support who are members of a prescribed class of persons for their benefit and for the benefit of their dependants.

(6)  Subsection 55 (1) of the Act is amended by adding the following paragraphs:

30.1 governing appeals under this Act to the Divisional Court for the purposes of subsection 31 (1);

. . . . .

45.1 respecting the items, services and payments that may be included as extended health benefits;

45.2 prescribing classes of persons who may be provided with extended health benefits;

Ontario Works Act, 1997

3.  (1)  Section 19 of the Ontario Works Act, 1997 is amended by adding the following subsection:

Overpayment as debt

(2.1)  An overpayment by a delivery agent under this Act is a debt due to the delivery agent and may also be deemed by the Director to be a debt due to the Crown in right of Ontario.

(2)  The Act is amended by adding the following section:

Method of recovery, debt due to the Crown

22.1  The Crown in right of Ontario may recover an overpayment that is deemed to be a debt due to the Crown by any remedy or procedure that is available to the Crown by law if the administrator has given a recipient a notice in writing under section 21 and,

(a) the time for commencing an appeal to the Tribunal has expired and no appeal has been commenced; or

(b) the decision is appealed and an overpayment is determined by the decision of the Tribunal.

(3)  Subsection 62 (1) of the Act is repealed and the following substituted:

Chair and vice-chairs

(1)  The Lieutenant Governor in Council shall appoint one member of the Tribunal as Chair and one or more other members as vice-chair.

(4)  Subsection 74 (1) of the Act is amended by adding the following paragraph:

33.1 governing appeals under this Act to the Divisional Court for the purposes of subsection 36 (1);

Social Work and Social Service Work Act, 1998

4.  The Social Work and Social Service Work Act, 1998 is amended by adding the following section:

Vacancies in Council

7.1  If one or more vacancies occur in the membership of the Council, the members remaining on the Council constitute the Council so long as their number is not fewer than the quorum established by section 7.

Commencement

Commencement

5.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE F
MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES

Ontario Society for the Prevention of Cruelty to Animals Act

1.  (1)  Subsection 12 (1) of the Ontario Society for the Prevention of Cruelty to Animals Act is repealed and the following substituted:

Search warrant

(1)  Where a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that there is in any building or place, other than a public place, an animal that is in distress, he or she may at any time issue a warrant authorizing one or more inspectors or agents of the Society named in the warrant to enter the building or place, either alone or accompanied by one or more veterinarians or other persons as the inspectors or agents consider advisable, and inspect the building or place and all animals found there for the purpose of ascertaining whether there is any animal in distress.

(2)  Subsection 12 (2) of the Act is repealed and the following substituted:

Entry without warrant

(2)  Where an inspector or agent of the Society observes an animal in immediate distress, he or she may enter without a warrant any premises, building or place, other than a dwelling place, either alone or accompanied by one or more veterinarians or other persons as he or she considers advisable, for the purposes of subsections (3) and (5) and sections 13 and 14.

(3)  Subsection 12 (4) of the Act is repealed and the following substituted:

When warrant to be executed

(4)  Every warrant issued under subsection (1) or (1.1) shall,

(a) specify the times, which may be at any time during the day or night, during which the warrant may be carried out; and

(b) state when the warrant expires.

2.  (1)  Subsection 15 (1) of the Act is repealed and the following substituted:

Liability of owner for expenses

(1)  Where an inspector or an agent of the Society has provided an animal with food, care or treatment, the Society may serve upon the owner or custodian of the animal, by personal service or by registered mail to the owner's or custodian's last known place of address, a statement of account respecting the food, care or treatment and the owner or custodian is, subject to subsection 17 (6), liable for the amount specified in the statement of account.

(2)  Subsection 15 (2) of the Act is amended by striking out "five days" and substituting "five business days".

3.  (1)  Subsection 17 (1) of the Act is amended by striking out "five days" and substituting "five business days".

(2)  Section 17 of the Act is amended by adding the following subsection:

Same

(1.1)  The notice shall set out the remedy or action sought and the reasons for the appeal or request.

(3)  Subsection 17 (3) of the Act is amended by striking out "five days" in the portion before clause (a) and substituting "five business days".

(4)  Subsection 17 (4) of the Act is amended by striking out "ten days" and substituting "10 business days".

4.  (1)  Subsection 18 (2) of the Act is amended by striking out "fifteen days" and substituting "15 business days".

(2)  Subsection 18 (3) of the Act is amended by striking out "two days" and substituting "two business days".

Police Services Act

5.  Section 17 of the Police Services Act is amended by adding the following subsections:

Deputy Commissioners

(3)  The Lieutenant Governor in Council may appoint one or more deputy Commissioners, who shall act in the place of the Commissioner if he or she is absent or unable to act, and who, when so acting, may exercise all the powers and perform all the duties of the Commissioner.

Delegation

(3.1)  The Commissioner may delegate in writing any of his or her powers and duties under this Act to a deputy Commissioner, subject to any limitations, conditions and requirements set out in the delegation.

Commencement

Commencement

6.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE G
MINISTRY OF GOVERNMENT SERVICES (FORMER MINISTRY OF CONSUMER AND BUSINESS SERVICES)

Bailiffs Act

1.  (1)  Section 9.5 of the Bailiffs Act is amended by striking out the portion before clause (a) and substituting the following:

Refusal to renew, revocation, suspension

9.5  Subject to section 10, the Registrar may refuse to renew the registration of an assistant bailiff who applies for its renewal in accordance with section 9.1, may revoke or suspend a registration or may revoke an appointment described in clause 3.1 (b) or an authorization described in clause 3.1 (c) if, in the opinion of the Registrar, the assistant bailiff,

. . . . .

(2)  Clause 9.5 (c) of the Act is repealed and the following substituted:

(c) has breached a term or condition of the registration, appointment or authorization;

(3)  Subsection 15 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Forfeiture of bond

(1)  The Minister may direct that the bond of a bailiff whose appointment has been revoked, or the bond of an assistant bailiff whose registration has been revoked, whose registration has expired and not been renewed, or whose appointment described in clause 3.1 (b) or authorization described in clause 3.1 (c) has been revoked, be forfeited, if,

. . . . .

Business Corporations Act

2.  Subsection 5 (2) of the Business Corporations Act is repealed and the following substituted:

Director's consent

(2)  The corporation shall keep at its registered office address the consent, in the prescribed form, to act as a first director,

(a) of each individual who is named in the articles as a first director and who is not an incorporator; and

(b) of each individual who is named in the articles as a first director and who is an incorporator, if the articles are sent to the Director in a prescribed electronic format and the electronic signature of the individual is not set out on the articles under clause 273 (4) (a) because the regulations provide that the signature is not required.

Land Titles Act

3.  (1)  Subsection 28 (1) of the Land Titles Act is repealed and the following substituted:

If incapable persons interested

(1)  If a minor, mentally incapable person, person of unsound mind, person absent from Canada or person yet unborn is interested in land in respect of the title to which a question arises, any person interested in the land may apply to the Divisional Court for a direction that the opinion of the court in the case stated to it under this Act shall be conclusively binding on the minor, mentally incapable person, person of unsound mind, person absent from Canada or unborn person.

(2)  Subsection 28 (3) of the Act is repealed and the following substituted:

Power to appoint guardian

(3)  The Divisional Court may also, if necessary, appoint a guardian or other person to appear on behalf of a minor, mentally incapable person, person of unsound mind, person absent from Canada or unborn person.

(3)  Paragraph 12 of subsection 44 (1) of the Act is amended by striking out "section 81 of the Railway Act (Canada), or any predecessor thereof" and substituting "section 104 of the Canada Transportation Act (Canada), or any predecessor of it".

Marriage Act

4.  Section 7 of the Marriage Act is repealed and the following substituted:

Persons lacking mental capacity

7.  No person shall issue a licence to or solemnize the marriage of any person who, based on what he or she knows or has reasonable grounds to believe, lacks mental capacity to marry by reason of being under the influence of intoxicating liquor or drugs or for any other reason.

Ministry of Consumer and Business Services Act

5.  The Ministry of Consumer and Business Services Act is amended by adding the following section:

No personal liability

8.  (1)  No action or other proceeding for damages shall be instituted against a person mentioned in subsection (2) for any act done in good faith in the execution or intended execution of any of the person's duties or powers or for any alleged neglect or default in the execution in good faith of any of the person's duties or powers.

Same

(2)  Subsection (1) applies to the following persons:

1. The Deputy Minister and anyone acting under the authority of the Deputy Minister.

2. The Director and anyone acting under the authority of the Director.

3. A director or deputy director under an Act administered by the Minister and anyone acting under the authority of such director or deputy director.

4. A Registrar, registrar and deputy registrar under an Act administered by the Minister and anyone acting under the authority of such Registrar, registrar or deputy registrar.

5. An inspector under an Act administered by the Minister.

6. An investigator under an Act administered by the Minister.

7. A member of a discipline committee or of an appeals committee under an Act administered by the Minister.

Liability of Crown

(3)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject in respect of a tort committed by a person mentioned in subsection (2).

Ministry of Consumer and Business Services Statute Law Amendment Act, 2004

6.  Section 20 of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is repealed.

Partnerships Act

7.  (1)  The English version of subsection 44.3 (3) of the Partnerships Act is repealed and the following substituted:

Firm name

(3)  The firm name of a limited liability partnership mentioned in subsection (1) shall contain the words "limited liability partnership" or "société à responsabilité limitée" or the abbreviations "LLP", "L.L.P." or "s.r.l." as the last words or letters of the firm name.

(2)  Section 44.3 of the Act is amended by adding the following subsections:

Same

(3.1)  A limited liability partnership mentioned in subsection (1) may have a firm name that is in,

(a) an English form only;

(b) a French form only;

(c) a French and English form, where the French and English are used together in a combined form; or

(d) a French form and an English form, where the French and English forms are equivalent but are used separately.

Same

(3.2)  A limited liability partnership mentioned in subsection (1) that has a firm name described in clause (3.1) (d) may be legally designated by the French or English version of its firm name.

(3)  The English version of subsection 44.4 (1) of the Act is amended by striking out "its name" and substituting "its firm name".

Personal Property Security Act

8.  (1)  Subsection 68 (4) of the Personal Property Security Act is repealed and the following substituted:

Service by registered mail

(4)  A notice or document given or served by registered mail shall be deemed to have been given, delivered or served when the addressee actually receives the notice or document or upon the expiry of 10 days after the day of registration, whichever is earlier.

(2)  Subsection 74 (2) of the Act is amended by striking out "Lieutenant Governor in Council" wherever it appears in the portion before clause (a) and substituting in each case "Minister responsible for the administration of this Act".

Real Estate and Business Brokers Act, 2002

9.  (1)  The French version of clause 25 (1) (c) of the Real Estate and Business Brokers Act, 2002 is amended by adding "représenté ou non par elle" after "d'un client".

(2)  The French version of subsection 25 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Conditions

(2)  Le directeur peut prendre une ordonnance en vertu du paragraphe (1) s'il l'estime souhaitable pour la protection des clients représentés ou non par une personne inscrite ou une ancienne personne inscrite et :

. . . . .

(3)  The French version of clause 25 (9) (a) of the Act is amended by striking out "clients du requérant" and substituting "clients représentés ou non par le requérant".

(4)  The French version of subclause 25.1 (1) (b) (i) of the Act is amended by adding "représentés ou non par elle" after "de clients".

(5)  The French version of subclause 25.1 (2) (b) (ii) of the Act is amended by adding "représenté ou non par elle" after "d'un client".

Repair and Storage Liens Act

10.  (1)  Subsection 3 (2) of the Repair and Storage Liens Act is repealed and the following substituted:

When lien arises

(2)  A repairer's lien arises and takes effect when the repair is commenced, except that no repairer's lien arises if the repairer was required to comply with sections 56 and 57, subsection 58 (1) and section 59 of the Consumer Protection Act, 2002, if applicable, and the repairer has not done so.

Amount of lien

(2.1)  In cases where Part VI of Consumer Protection Act, 2002 applies, the amount of a repairer's lien under subsection (2) shall not exceed,

(a) the amount that the repairer is authorized to charge for the repair under subsection 58 (2) and section 64 of the Consumer Protection Act, 2002, if those provisions apply to the repairer; and

(b) the maximum amount authorized by the person who requested the repair, if section 56 of the Consumer Protection Act, 2002 applies to the person.

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

When lien arises

(3)  A storer's lien arises and takes effect when the storer receives possession of the article for storage or storage and repair, except that no storer's lien arises with respect to repair if the storer was required to comply with sections 56 and 57, subsection 58 (1) and section 59 of the Consumer Protection Act, 2002, if applicable, and the storer has not done so.

Amount of lien

(3.1)  In cases where Part VI of Consumer Protection Act, 2002 applies, if a storer receives possession of an article for storage and repair, the amount of the storer's lien under subsection (3) shall not exceed,

(a) the amount of the charge for the storage, together with the amount that the storer is authorized to charge for the repair under subsection 58 (2) and section 64 of the Consumer Protection Act, 2002, if those provisions apply to the storer; and

(b) the amount of the charge for the storage, together with the maximum amount authorized by the person who requested the repair, if section 56 of the Consumer Protection Act, 2002 applies to the person.

Safety and Consumer Statutes Administration Act, 1996

11.  (1)  The Safety and Consumer Statutes Administration Act, 1996 is amended by adding the following section:

No personal liability

11.1  (1)  No action or other proceeding for damages shall be instituted against a person mentioned in subsection (2), for any act done in good faith in the execution or intended execution of any duty or power under designated legislation or a Minister's order made under designated legislation, or for any alleged neglect or default in the execution in good faith of that duty or power.

Same

(2)  Subsection (1) applies to the following persons:

1. A Director or director to whom designated legislation gives duties or powers.

2. A deputy director,

i. to whom duties are assigned by a director referred to in paragraph 1, or

ii. who is acting as a director referred to in paragraph 1.

3. A Registrar or registrar.

4. A deputy registrar,

i. to whom duties are assigned by a registrar, or

ii. who is acting as a registrar.

5. An inspector.

6. An investigator.

7. An officer of a designated administrative authority.

8. A person whom a designated administrative authority employs or whose services the authority retains under subsection 9 (1).

9. An agent of a designated administrative authority.

10. A member of a discipline committee or of an appeals committee under designated legislation.

Liability of designated administrative authority

(3)  Subsection (1) does not relieve a designated administrative authority or a member of the board of directors of a designated administrative authority of liability to which it, he or she would otherwise be subject in respect of the acts or omissions of a person mentioned in subsection (2).

(2)  Subsection 12 (1) of the Act is amended by striking out "and" at the end of clause (a) and by adding the following clauses:

(c) set payments that persons are required to make to any fund or account established or continued under the designated legislation whose administration is delegated to it if it does so in accordance with the process and criteria that it establishes and that the Minister has approved; and

(d) make rules governing the payment of the fees, administrative penalties, costs and charges described in clause (b) and the payments described in clause (c).

(3)  Section 12 of the Act is amended by adding the following subsection:

Setting fees

(1.1)  In setting the fees, administrative penalties, costs and charges described in clause (1) (b) and the payments described in clause (1) (c), a designated administrative authority may specify the amounts of them or the method for determining the amounts.

(4)  Subsection 12 (2) of the Act is amended by striking out "or other charges" in the portion before clause (a) and substituting "other charges or payments".

(5)  Subsection 12 (3) of the Act is amended by striking out "and other charges" and substituting "other charges and payments".

Vital Statistics Act

12.  (1)  Subsection 7.1 (1) of the Vital Statistics Act is amended by striking out "Ministry of Health" at the end and substituting "Ministry of Health and Long-Term Care".

(2)  Subsection 7.1 (2) of the Act is amended by striking out "Minister of Health" and substituting "Minister of Health and Long-Term Care".

Commencement

Commencement

13.  (1)  Subject to subsections (2) to (5), this Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

Same

(2)  Section 2 and subsection 7 (2) come into force on a day to be named by proclamation of the Lieutenant Governor.

Same

(3)  Subsections 9 (1), (2) and (3),

(a) come into force on the day section 25 of the Real Estate and Business Brokers Act, 2002 comes into force, if the Good Government Act, 2006 receives Royal Assent before section 25 of the Real Estate and Business Brokers Act, 2002 comes into force; or

(b) shall be deemed to have come into force on the day section 25 of the Real Estate and Business Brokers Act, 2002 comes into force, if section 25 of the Real Estate and Business Brokers Act, 2002 comes into force before the Good Government Act, 2006 receives Royal Assent.

Same

(4)  Subsections 9 (4) and (5),

(a) come into force on the day subsection 18 (17) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force, if the Good Government Act, 2006 receives Royal Assent before subsection 18 (17) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force; or

(b) shall be deemed to have come into force on the day subsection 18 (17) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force, if subsection 18 (17) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force before the Good Government Act, 2006 receives Royal Assent.

Same

(5)  Section 10 comes into force on the later of the day the Good Government Act, 2006 receives Royal Assent and the day section 56 of the Consumer Protection Act, 2002 comes into force.

SCHEDULE H
MINISTRY OF CULTURE

Royal Ontario Museum Act

1.  Subsection 2 (2) of the Royal Ontario Museum Act is repealed and the following substituted:

Fiscal year

(2)  The fiscal year of the Museum shall be as follows:

1. Until June 30, 2005, the fiscal year begins on July 1 in each year and ends on June 30 of the following year.

2. For the year beginning July 1, 2005, the fiscal year runs nine months and ends on March 31, 2006.

3. Beginning April 1, 2006, the fiscal year begins on April 1 in each year and ends on March 31 of the following year.

Tartan Act, 2000

2.  The second paragraph of the Schedule to the Tartan Act, 2000, being the description of the first block of colour in 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

Commencement

3.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE I
MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE

Development Corporations Act

1.  (1)  The definition of "Minister" in subsection 1 (1) of the Development Corporations Act is repealed and the following substituted:

"Minister" means the Minister of Economic Development and Trade; ("ministre")

(2)  Clause 13 (1) (e) of the Act is amended by striking out " Ministry of Industry, Trade and Technology Act " and substituting " Ministry of Economic Development and Trade Act ".

Executive Council Act

2.  Subsection 2 (1) of the Executive Council Act is amended by striking out "Minister of Industry, Trade and Technology" and substituting "Minister of Economic Development and Trade".

IDEA Corporation Act, 1981

3.  (1)  The IDEA Corporation Act, 1981 is repealed.

Same, regulation

(2)  Ontario Regulation 203/86 is revoked.

Ministry of Industry, Trade and Technology Act

4.  (1)  The short title of the Ministry of Industry, Trade and Technology Act is repealed and the following substituted:

Ministry of Economic Development and Trade Act

(2)  The following provisions of the Act are amended by striking out "Industry, Trade and Technology" wherever that expression appears substituting in each case "Economic Development and Trade":

1. Section 1, definitions of "Deputy Minister", "Minister" and "Ministry".

2. Subsection 5 (1).

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

Ministry continued

2.  The ministry of the public service formerly known as the Ministry of Industry, Trade and Technology is continued under the name Ministry of Economic Development and Trade in English and ministère du Développement économique et du Commerce in French.

(4)  The Act is amended by adding the following section:

Advisory committees

6.1  The Lieutenant Governor in Council or the Minister may,

(a) establish committees to advise the Minister on the discharge of the Minister's powers and duties that are specified in the appointment;

(b) appoint the chairs and vice-chairs of the committees; and

(c) set the remuneration and expenses of the members of the committees.

Commencement

Commencement

5.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE J
DISSOLUTION OF INACTIVE CORPORATIONS ACT, 2006

Dissolution of corporations

1.  (1)  The following corporations are dissolved:

1. IDEA Information Technology Fund Inc., a corporation incorporated under the Business Corporations Act as corporation number 527287 on November 4, 1982.

2. IDEA Innovation Fund Inc., a corporation incorporated under the Business Corporations Act as corporation number 527292 on November 4, 1982.

3. IDEA Research Investment Fund Inc., a corporation incorporated under the Business Corporations Act as corporation number 542930 on March 11, 1983.

4. Ontario Investment Service Inc., a corporation incorporated under the Business Corporations Act as corporation number 1096710 on September 15, 1994.

5. Ontario VL Corporation Ltd., a corporation incorporated under the Business Corporations Act as corporation number 1240201 on May 30, 1997.

Certificate of incorporation

(2)  The certificate of incorporation of each of the corporations mentioned in subsection (1) is cancelled.

Assets and liabilities

(3)  All assets and liabilities that each of the corporations mentioned in subsection (1) had on the day immediately before this section comes into force are vested in and become the assets and liabilities of the Crown, without compensation.

Commencement

2.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

Short title

3.  The short title of the Act set out in this Schedule is the Dissolution of Inactive Corporations Act, 2006.

SCHEDULE K
MINISTRY OF THE ENVIRONMENT

Environmental Bill of Rights, 1993

1.  (1)  Subsection 116 (1) of the Environmental Bill of Rights, 1993 is amended by striking out "the Labour Relations Act" and substituting "the Labour Relations Act, 1995".

(2)  Subsection 116 (2) of the Act is amended by striking out "Sections 108, 110, 111 and 112 of the Labour Relations Act" at the beginning and substituting "Sections 114, 116, 117 and 118 of the Labour Relations Act, 1995".

Environmental Protection Act

2.  (1)  The French version of subsection 94 (6) of the Environmental Protection Act is amended by striking out "d'être entendu" and substituting "de demander une audience".

(2)  The French version of subsection 96 (4) of the Act is amended by striking out "d'être entendu" and substituting "de demander une audience".

(3)  The French version of subsection 97 (6) of the Act is amended by striking out "d'être entendu" and substituting "de demander une audience".

(4)  Section 168.2 of the Act is amended by striking out "168.9 (2)" and substituting "168.9 (12)".

(5)  Subsection 168.6 (1) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Certificate of property use

(1)  If a risk assessment relating to a property has been accepted under clause 168.5 (1) (a), the Director may issue a certificate of property use to the owner of the property, requiring the owner to do any of the following things:

. . . . .

(6)  Paragraph 1 of subsection 168.6 (1) of the Act is amended by,

(a) striking out "any action specified in the certificate that" and substituting "any action on the property that is specified in the certificate and that"; and

(b) striking out "any adverse effect on the property" and substituting "any adverse effect".

(7)  Subsections 168.13 (4) and (5) of the Act are repealed and the following substituted:

Time period

(4)  Subsection (1) only applies to the municipality or municipal representative in respect of the period that begins on the day the municipality became the owner of the property by virtue of the registration of the notice of vesting and ends on the earlier of the following days:

1. The fifth anniversary of the day the municipality became the owner of the property by virtue of the registration of the notice of vesting.

2. The day the municipality ceases to be the owner of the property.

Extension of period

(5)  The Director may extend the period referred to in subsection (4), before or after it expires, on such terms and conditions as he or she considers appropriate, but the period may not be extended beyond the day the municipality ceases to be the owner of the property.

(8)  Subsections 168.18 (3) and (4) of the Act are repealed and the following substituted:

Time period

(3)  Subsection (1) only applies to the secured creditor or secured creditor representative in respect of the period that begins on the day the secured creditor became the owner of the property by virtue of a foreclosure and ends on the earlier of the following days:

1. The fifth anniversary of the day the secured creditor became the owner of the property by virtue of a foreclosure.

2. The day the secured creditor ceases to be the owner of the property.

Extension of period

(4)  The Director may extend the period referred to in subsection (3), before or after it expires, on such terms and conditions as he or she considers appropriate, but the period may not be extended beyond the day the secured creditor ceases to be the owner of the property.

(9)  Subsection 174 (14) of the Act is amended by striking out "Labour Relations Act" and substituting "Labour Relations Act, 1995".

(10)  The French version of subsection 190 (2) of the Act is repealed and the following substituted:

Autres conditions

(2)  Une ordonnance rendue en vertu du paragraphe (1) peut être assortie des autres conditions relatives aux circonstances de l'infraction et à la situation de la personne qui ont contribué à la commission de l'infraction que le tribunal juge opportunes pour empêcher d'autres actes illicites du même genre ou pour contribuer à la réadaptation de la personne.

Ontario Water Resources Act

3.  (1)  Clause 13 (5) (a) of the Ontario Water Resources Act is amended by striking out "the issuance of the order" and substituting "the issuance of the direction, notice or order".

(2)  Subsection 30 (2) of the Act is amended by striking out "shall forthwith notify the Minister" and substituting "shall forthwith notify the Ministry".

(3)  Subsections 89.7 (3) and (4) of the Act are repealed and the following substituted:

Time period

(3)  Subsection (1) only applies to the municipality or municipal representative in respect of the period that begins on the day the municipality became the owner of the property by virtue of the registration of the notice of vesting and ends on the earlier of the following days:

1. The fifth anniversary of the day the municipality became the owner of the property by virtue of the registration of the notice of vesting.

2. The day the municipality ceases to be the owner of the property.

Extension of period

(4)  The Director may extend the period referred to in subsection (3), before or after it expires, on such terms and conditions as he or she considers appropriate, but the period may not be extended beyond the day the municipality ceases to be the owner of the property.

(4)  Subsections 89.10 (3) and (4) of the Act are repealed and the following substituted:

Time period

(3)  Subsection (1) only applies to the secured creditor or secured creditor representative in respect of the period that begins on the day the secured creditor became the owner of the property by virtue of a foreclosure and ends on the earlier of the following days:

1. The fifth anniversary of the day the secured creditor became the owner of the property by virtue of a foreclosure.

2. The day the secured creditor ceases to be the owner of the property.

Extension of period

(4)  The Director may extend the period referred to in subsection (3), before or after it expires, on such terms and conditions as he or she considers appropriate, but the period may not be extended beyond the day the secured creditor ceases to be the owner of the property.

(5)  The French version of subsection 112 (2) of the Act is repealed and the following substituted:

Autres conditions

(2)  Une ordonnance rendue en vertu du paragraphe (1) peut être assortie des autres conditions relatives aux circonstances de l'infraction et à la situation de la personne qui ont contribué à la commission de l'infraction que le tribunal juge opportunes pour empêcher d'autres actes illicites du même genre ou pour contribuer à la réadaptation de la personne.

Pesticides Act

4.  The French version of subsection 46 (2) of the Pesticides Act is repealed and the following substituted:

Autres conditions

(2)  Une ordonnance rendue en vertu du paragraphe (1) peut être assortie des autres conditions relatives aux circonstances de l'infraction et à la situation de la personne qui ont contribué à la commission de l'infraction que le tribunal juge opportunes pour empêcher d'autres actes illicites du même genre ou pour contribuer à la réadaptation de la personne.

Commencement

Commencement

5.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE L
MINISTRY OF HEALTH AND LONG-TERM CARE

Drug Interchangeability and Dispensing Fee Act

1.  Section 1 of the Drug Interchangeability and Dispensing Fee Act is amended by adding the following definition:

"Minister" means the Minister of Health and Long-Term Care; ("ministre")

Health Care Consent Act, 1996

2.  The Health Care Consent Act, 1996 is amended by adding the following section:

Limit on jurisdiction

70.1  (1)  The Board shall not inquire into or make a decision concerning the constitutional validity of a provision of an Act or a regulation.

Same

(2)  Subsection (1) shall be deemed always to have applied to the Board, but its enactment does not affect any proceeding that was finally determined before the date on which this section came into force.

Health Insurance Act

3.  (1)  Clause 4 (2) (b) of the Health Insurance Act is repealed and the following substituted:

(b) to carry out registrations in the Plan, including the determination of eligibility and the verification of eligibility;

(2)  Subsection 4.1 (1) of the Act is amended by striking out "the Health Care Accessibility Act" and substituting "the Commitment to the Future of Medicare Act, 2004".

(3)  Subsection 4.1 (2) of the Act is amended by striking out "the Health Care Accessibility Act" and substituting "the Commitment to the Future of Medicare Act, 2004".

(4)  Subsection 4.1 (3) of the Act is amended by striking out "the Health Care Accessibility Act" and substituting "the Commitment to the Future of Medicare Act, 2004".

(5)  The English version of subsection 14 (5) of the Act is repealed and the following substituted:

Exception

(5)  Subsections (1) and (2) do not apply during the period that a person who is a resident must wait to be registered as an insured person.

(6)  Subsection 37 (1) of the Act is amended by striking out "the Health Care Accessibility Act" and substituting "the Commitment to the Future of Medicare Act, 2004".

(7)  Clause 45 (1) (a.1) of the Act is repealed and the following substituted:

(a.1) providing for the registration of persons as insured persons and prescribing waiting periods for registration;

Health Protection and Promotion Act

4.  Clause 91.1 (5) (b) of the Health Protection and Promotion Act is repealed and the following substituted:

(b) disclosure of the names or other identifying information is otherwise authorized under the Freedom of Information and Protection of Privacy Act, the Municipal Freedom of Information and Protection of Privacy Act, or the Personal Health Information Protection Act, 2004.

Independent Health Facilities Act

5.  (1)  Subsection 37.1 (1) of the Independent Health Facilities Act is amended by striking out "Health Care Accessibility Act" and substituting "Commitment to the Future of Medicare Act, 2004".

(2)  Subsection 37.1 (2) of the Act is amended by striking out " Health Care Accessibility Act " and substituting " Commitment to the Future of Medicare Act, 2004 ".

(3)  Subsection 37.1 (3) of the Act is amended by striking out " Health Care Accessibility Act " and substituting " Commitment to the Future of Medicare Act, 2004 ".

(4)  Subsection 37.1 (4) of the Act is amended by striking out " Health Care Accessibility Act " and substituting " Commitment to the Future of Medicare Act, 2004 ".

Laboratory and Specimen Collection Centre Licensing Act

6.  (1)  Sections 2, 3 and 4 of the Laboratory and Specimen Collection Centre Licensing Act are repealed.

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

"laboratory" means an institution, building or place in which operations and procedures for the microbiological, serological, chemical, hematological, biophysical, immunohematological, cytological, pathological, cytogenetic, molecular genetic or genetic examination, or such other examinations as are prescribed by the regulations, of specimens taken from the human body are performed to obtain information for diagnosis, prophylaxis or treatment; ("laboratoire")

(3)  Section 5 of the Act is amended by adding the following definition:

"quality management program" means a quality management program provided for in section 19; ("programme de gestion de la qualité")

(4)  Subsections 9 (14) and (15) of the Act are repealed and the following substituted:

Conditions to laboratory licence

(14)  It is a condition of a licence for a laboratory that,

(a) the operation of the laboratory meet the requirements of a quality management program;

(b) the owner and the operator of the laboratory permit an agency designated in the regulations to carry out a quality management program;

(c) the owner of the laboratory pay the fees prescribed by the regulations for an assessment under a quality management program.

Same

(15)  Where an agency designated in the regulations to carry out a quality management program reports to the Director that the operation of a laboratory does not meet the requirements of the program, the Director may impose any conditions upon the laboratory's licence that the Director considers necessary or advisable in order that the health of the public be protected.

(5)  Clause 18 (k) of the Act is repealed.

(6)  Clauses 18 (q) and (r) of the Act are repealed and the following substituted:

(q) prescribing fees for assessments under a quality management program;

(r) designating an agency or agencies to carry out a quality management program.

(7)  Sections 19 and 20 of the Act are repealed and the following substituted:

Agreement

19.  The Minister may enter into an agreement with an agency or agencies designated in the regulations to provide for the carrying out of a quality management program acceptable to the Director.

Committee

20.  The Minister may establish a committee of not fewer than five persons for the purpose of recommending to the Minister standards and procedures for assessments under a quality management program.

(8)  Subsection 22 (1) of the Act is repealed and the following substituted:

Offences

(1)  Subject to subsection (2), a person who contravenes any provision of this Act or of the regulations for which no other penalty is provided is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both;

(b) for a subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months, or to both.

Long-Term Care Act, 1994

7.  Subsection 6 (3) of the Long-Term Care Act, 1994 is amended by striking out "section 7" and substituting "section 5".

Ministry of Health Appeal and Review Boards Act, 1998

8.  Paragraph 4 of subsection 6 (1) of the Ministry of Health Appeal and Review Boards Act, 1998 is repealed and the following substituted:

4. The Commitment to the Future of Medicare Act, 2004.

Quality of Care Information Protection Act, 2004

9.  (1)  Subsection 4 (5) of the Quality of Care Information Protection Act, 2004 is amended by striking out "subsection (3) or (4)" and substituting "subsection (3), (4) or (6)".

(2)  Section 6 of the Act is amended by striking out "section 4" at the end and substituting "section 3".

Regulated Health Professions Act, 1991

10.  (1)  Section 8 of Schedule 2 to the Regulated Health Professions Act, 1991 is amended by striking out "Minister of Health" and substituting "Minister".

(2)  Clause 95 (2.1) (d) of Schedule 2 to the Act is amended by striking out "subsection 26 (3)" and substituting "subsection 26 (2)".

General

11.  (1)  In the Tables to this section, Acts are set out in Column 1, and provisions of those Acts in Column 2.

(2)  The provisions of the Acts provided for in Table 1 are amended by striking out "Minister of Health" wherever it appears and substituting in each case "Minister of Health and Long-Term Care".

(3)  The provisions of the Acts provided for in Table 2 are amended by striking out "Ministry of Health" wherever it appears and substituting in each case "Ministry of Health and Long-Term Care".

(4)  The provisions of the Acts provided for in Table 3 are amended by striking out "Deputy Minister of Health" wherever it appears and substituting in each case "Deputy Minister of Health and Long-Term Care".

(5)  The provisions of the Acts provided for in Table 4 are amended by striking out "Treasurer of Ontario" wherever it appears and substituting in each case "Minister of Finance".

TABLE 1

Column 1

Column 2

Alcoholism and Drug Addiction Research Foundation Act

section 1, definition of "Minister"

Cancer Act

subsection 13 (1)

 

subsection 13 (2)

Capital Investment Plan Act, 1993

subsection 29 (1), definition of "public body"

 

subsection 33 (3)

 

subsection 33 (4) in the portion before paragraph 1

 

subsection 33 (9)

Community Psychiatric Hospitals Act

section 1, definition of "Minister"

Drug and Pharmacies Regulation Act

subsection 1 (1), definition of "Minister"

Healing Arts Radiation Protection Act

subsection 1 (1), definition of "Minister"

Health Insurance Act

section 1, definition of "Minister"

Health Protection and Promotion Act

subsection 1 (1), definition of "Minister"

Homemakers and Nurses Services Act

subsection 8 (2)

 

subsection 8 (3)

 

subsection 9 (2)

 

clause 12 (1) (i)

Homes for Special Care Act

section 1, definition of "Minister"

Independent Health Facilities Act

subsection 1 (1), definition of "Minister"

Laboratory and Specimen Collection Centre Licensing Act

section 1, definition of "Minister"

Long-Term Care Act, 1994

subsection 2 (1), definition of "Minister"

Mental Hospitals Act

section 1, definition of "Minister"

Ministry of Health Appeal and Review Boards Act, 1998

subsection 3 (1)

 

subsection 7 (1)

 

section 10

Municipal Health Services Act

section 1, definition of "Minister"

Ontario Drug Benefit Act

section 1, definition of "Minister"

Ontario Mental Health Foundation Act

subsection 13 (1)

 

subsection 13 (2)

 

subsection 15 (1)

 

subsection 26 (1)

 

subsection 26 (2)

Private Hospitals Act

section 1, definition of "Minister"

Public Hospitals Act

section 1, definition of "Minister"

Public Sector Salary Disclosure Act, 1996

subsection 2 (1), clause (f) of the definition of "public sector"

Regulated Health Professions Act, 1991

subsection 1 (1), definition of "Minister"

 

subsection 1 (1) of Schedule 2, definition of "Minister"

TABLE 2

Column 1

Column 2

Capital Investment Plan Act, 1993

subsection 33 (3)

Corporations Tax Act

clause 13.3 (9) (e)

Healing Arts Radiation Protection Act

section 19

 

subsection 20 (1)

Health Insurance Act

subsection 38 (3)

Health Protection and Promotion Act

subsection 1 (1), definition of "Ministry"

 

subsection 12 (2)

Income Tax Act

clause 8.4 (7) (e)

Independent Health Facilities Act

subsection 1 (1), definition of "Ministry"

Insurance Act

subsection 14.1 (1)

 

paragraph 37.0.1 of subsection 121 (1)

 

subsection 267.8 (5)

 

clause 267.8 (18) (a)

Laboratory and Specimen Collection Centre Licensing Act

section 1, definition of "Ministry"

Long-Term Care Act, 1994

subsection 2 (1), definition of "Ministry"

Mental Hospitals Act

section 1, definition of "Ministry"

Private Hospitals Act

section 1, definition of "Ministry"

Provincial Schools Negotiations Act

section 1, clause (c) of the definition of "school"

Public Hospitals Act

section 1, definition of "Ministry"

TABLE 3

Column 1

Column 2

Health Insurance Act

section 1, definition of "Deputy Minister"

Health Protection and Promotion Act

subsection 80 (4)

Mental Hospitals Act

section 1, definition of "Deputy Minister"

TABLE 4

Column 1

Column 2

Drug and Pharmacies Regulation Act

paragraph 3 of subsection 140 (3.1)

Health Insurance Act

subsection 3 (1)

 

subsection 31 (2)

 

section 35

______________

Commencement

Commencement

12.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE M
MINISTRY OF LABOUR

Employment Standards Act, 2000

1.  (1)  The Employment Standards Act, 2000 is amended by adding the following section:

Director may reassign an investigation

88.1  (1)  The Director may terminate the assignment of an employment standards officer to the investigation of a complaint and may assign the investigation to another employment standards officer.

Same

(2)  If the Director terminates the assignment of an employment standards officer to the investigation of a complaint,

(a) the officer whose assignment is terminated shall no longer have any powers or duties with respect to the investigation of the complaint or the discovery during the investigation of any similar potential entitlement of another employee of the employer related to the complaint; and

(b) the new employment standards officer assigned to the investigation may rely on evidence collected by the first officer and any findings of fact made by that officer.

Inspections

(3)  This section applies with necessary modifications to inspections of employers by employment standards officers.

(2)  Clause 91 (6) (a) of the Act is amended by striking out "that is relevant" and substituting "that the officer thinks may be relevant".

(3)  Subsection 118 (3) of the Act is repealed and the following substituted:

Effective date of rules under subs. (2)

(3)  A rule made under subsection (2) comes into force on the day determined by order of the Lieutenant Governor in Council.

Fire Protection and Prevention Act, 1997

2.  Section 49 of the Fire Protection and Prevention Act, 1997 is amended by adding the following subsection:

Application of the Labour Relations Act, 1995

(5)  The following provisions of the Labour Relations Act, 1995 apply for the purposes of this section in respect of the following matters:

1. Subsection 119 (2), in respect of information or material furnished to or received by a conciliation officer.

2. Subsection 119 (3), in respect of the report of a conciliation officer.

3. Section 120, in respect of any information or material furnished to or received by a conciliation officer.

Labour Relations Act, 1995

3.  (1)  Subsection 119 (2) of the Labour Relations Act, 1995 is amended by striking out "or the chief conciliation officer of the Ministry of Labour" at the end of the portion after clause (b) and substituting "an Assistant Deputy Minister of Labour or the Director of Labour Management Services".

(2)  Subsection 119 (3) of the Act is amended by striking out "or the chief conciliation officer of the Ministry of Labour" at the end and substituting "an Assistant Deputy Minister of Labour or the Director of Labour Management Services".

(3)  The Act is amended by adding the following section:

Remuneration and expenses of conciliation boards, etc.

124.1  (1)  The Minister may issue orders providing for and fixing the remuneration and expenses of chairs of conciliation boards, members of conciliation boards, mediators, special officers appointed under section 38 and members of a Disputes Advisory Committee.

Exception, Crown employees

(2)  An order of the Minister under subsection (1) shall not provide for or fix any remuneration or expenses of any person referred to in that subsection who is a Crown employee under the Public Service Act.

(4)  Clause 125 (g) of the Act is repealed.

Ministry of Labour Act

4.  The Ministry of Labour Act is amended by adding the following section:

Protection from personal liability

4.1  (1)  No action or other proceeding for damages shall be commenced against the Deputy Minister or any officer or employee of the Ministry or anyone acting under his or her authority for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of his or her duty.

Liability of Crown

(2)  Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which the Crown would otherwise be subject.

Exceptions

(3)  Subsection (1) does not apply in circumstances in which section 21 of the Fairness is a Two-Way Street Act (Construction Labour Mobility), 1999 or section 65 of the Occupational Health and Safety Act applies.

Occupational Health and Safety Act

5.  The Occupational Health and Safety Act is amended by adding the following section:

Publication re convictions

68.1  (1)  If a person, including an individual, is convicted of an offence under this Act, a Director may publish or otherwise make available to the general public the name of the person, a description of the offence, the date of the conviction and the person's sentence.

Internet publication

(2)  Authority to publish under subsection (1) includes authority to publish on the Internet.

Disclosure

(3)  Any disclosure made under subsection (1) shall be deemed to be in compliance with clause 42 (e) of the Freedom of Information and Protection of Privacy Act.

Pay Equity Act

6.  (1)  The Schedule to the Pay Equity Act is amended by striking out "Minister of Health" in clause 1 (d) and substituting "Minister of Health and Long-Term Care".

(2)  The Appendix to the Schedule to the Act is amended,

(a) by striking out the heading "Ministry of Health" and substituting "Ministry of Health and Long-Term Care";

(b) by striking out "Ministry of Health" and substituting "Ministry of Health and Long-Term Care" in clauses 1 (d), (h), (h.1), (i) and (j), 14 (b) and 15 (b) under that heading; and

(c) by striking out " Ministry of Health Act " and substituting " Ministry of Health and Long-Term Care Act " in section 2 under that heading.

Workplace Safety and Insurance Act, 1997

7.  The French version of the following provisions of the Workplace Safety and Insurance Act, 1997 is amended by striking out "Bureau des conseillers du patronat" wherever it appears and substituting in each case "Bureau des conseillers des employeurs":

1. Subsection 176 (2).

2. Paragraph 3 of subsection 179 (1).

3. Paragraph 4 of subsection 180 (1).

4. Subsections 180 (2) and (3).

Commencement

Commencement

8.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

Same

(2)  Subsection 3 (4) comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE N
MINISTRY OF GOVERNMENT SERVICES (FORMER MANAGEMENT BOARD SECRETARIAT AND THE CENTRE FOR LEADERSHIP AND HUMAN RESOURCE MANAGEMENT)

Freedom of Information and Protection of Privacy Act

1.  (1)  Subsection 2 (1) of the Freedom of Information and Protection of Privacy Act is amended by adding the following definitions:

"close relative" means a parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece, whether related by blood or adoption; ("proche parent")

"spouse" means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage. ("conjoint")

(2)  Subsection 21 (4) of the Act is amended by striking out "or" at the end of clause (b), by adding "or" at the end of clause (c) and by adding the following clause:

(d) discloses personal information about a deceased individual to the spouse or a close relative of the deceased individual, and the head is satisfied that, in the circumstances, the disclosure is desirable for compassionate reasons.

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

Personal information about deceased

(10)  In the case of a request by the spouse or a close relative of a deceased individual for disclosure of personal information about the deceased individual, the person making the request shall give the head all information that the person has regarding whether the deceased individual has a personal representative and how to contact the personal representative.

Deemed references

(11)  If, under subsection (10), the head is informed that the deceased individual has a personal representative and is given sufficient information as to how to contact the personal representative, and if the head has reason to believe that disclosure of personal information about the deceased individual might constitute an unjustified invasion of personal privacy unless, in the circumstances, the disclosure is desirable for compassionate reasons, subsections (1) to (9) apply with the following modifications:

1. The expression "the person to whom the information relates" in subsections (1), (5), (7), (8) and (9) shall be deemed to be the expression "the personal representative".

2. The expression "the person" in clauses (2) (a) and (b) shall be deemed to be the expression "the deceased individual" and the expression "the person" in clause (2) (c) shall be deemed to be the expression "the personal representative".

(4)  Section 34 of the Act is repealed and the following substituted:

Annual report of head

34.  (1)  A head shall make an annual report, in accordance with this section, to the Commissioner.

Contents of report

(2)  A report made under subsection (1) shall specify,

(a) the number of requests under this Act or the Personal Health Information Protection Act, 2004 for access to records made to the institution or to a health information custodian within the meaning of the Personal Health Information Protection Act, 2004 that is acting as part of the institution;

(b) the number of refusals by the head to disclose a record under this Act, the provisions of this Act under which disclosure was refused and the number of occasions on which each provision was invoked;

(c) the number of refusals under the Personal Health Information Protection Act, 2004 by a health information custodian, within the meaning of that Act, that is the institution or that is acting as part of the institution, of a request for access to a record, the provisions of that Act under which disclosure was refused and the number of occasions on which each provision was invoked;

(d) the number of uses or purposes for which personal information is disclosed where the use or purpose is not included in the statements of uses and purposes set forth under clauses 45 (d) and (e) of this Act or in any written public statement provided under subsection 16 (1) of the Personal Health Information Protection Act, 2004 by the institution or a health information custodian within the meaning of the Personal Health Information Protection Act, 2004 that is acting as part of the institution;

(e) the amount of fees collected under section 57 of this Act by the institution and under subsection 54 (10) of the Personal Health Information Protection Act, 2004 by the institution or a health information custodian within the meaning of the Personal Health Information Protection Act, 2004 that is acting as part of the institution; and

(f) any other information indicating an effort by the institution or by a health information custodian within the meaning of the Personal Health Information Protection Act, 2004 that is acting as part of the institution to put into practice the purposes of this Act or the purposes of the Personal Health Information Protection Act, 2004.

Separate information

(3)  The information required by each of clauses (2) (a), (d), (e) and (f) shall be provided separately for,

(a) each separate health information custodian that is the institution or that is acting as part of the institution; and

(b) the institution other than in its capacity as a health information custodian and other than in its capacity as an institution containing a health information custodian.

Same

(4)  The information required by clause (2) (c) shall be provided separately for each separate health information custodian that is the institution or that is acting as part of the institution.

(5)  Clause 42 (i) of the Act is amended by striking out "with the next of kin or a friend" and substituting "with the spouse, a close relative or a friend".

(6)  Clause 42 (j) of the Act is amended by striking out "by the next of kin or legal representative" and substituting "by the spouse, a close relative or the legal representative".

(7)  Clause 42 (k) of the Act is amended by striking out "by the next-of-kin or legal representative" and substituting "by the spouse, a close relative or the legal representative".

Ministry of Government Services Act

2.  (1)  Section 1 of the Ministry of Government Services Act is amended by adding the following definition:

"common services" means services that are acquired, managed or provided centrally by the Ministry and includes goods, if any, that are associated with the services; ("services communs")

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

"Government related agency" means,

(a) the Office of the Assembly and the offices of persons appointed on the address of the Assembly,

(b) the corporation of any municipality in Ontario,

(c) a local board, as defined in the Municipal Affairs Act, and any authority, board, commission, corporation, office or organization of persons some or all of whose members, directors or officers are appointed or chosen by or under the authority of the council of the corporation of a municipality in Ontario,

(d) a board, as defined in the Education Act,

(e) a university, college of applied arts and technology or other post-secondary institution in Ontario,

(f) a hospital referred to in the list of hospitals and their classifications and grades that is maintained under the Public Hospitals Act,

(g) a board of health, as defined in the Health Protection and Promotion Act,

(h) such other persons and entities as may be prescribed; ("organisme rattaché au gouvernement")

(3)  Section 1 of the Act is amended by adding the following definition:

"related government" means,

(a) the Government of Canada and any ministry or agency thereof and the Crown in right of Canada and any agency thereof,

(b) the Government of any other province or territory of Canada and any ministry or agency thereof and the Crown in right of any other province of Canada and any agency thereof. ("gouvernement lié")

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

Same

(2)  The Ministry may direct some of its activities towards providing one or more Government related agencies or related governments with particular services if doing so furthers the interests of the Government and if the Ministry and the Government related agency or related government enter into an agreement with respect to those services.

(5)  Clause 6 (2) (c) of the Act is repealed and the following substituted:

(c) to acquire, manage and provide common services for the Government;

(c.1) to acquire, manage and provide particular common services for one or more Government related agencies or related governments, if doing so furthers the interests of the Government and if the Ministry and the Government related agency or related government enter into an agreement with respect to those services;

(6)  Section 20 of the Act is amended by adding the following clause:

(d) prescribing persons and entities for the purposes of clause (h) of the definition of "Government related agency" in section 1.

Municipal Freedom of Information and Protection of Privacy Act

3.  (1)  Subsection 2 (1) of the Municipal Freedom of Information and Protection of Privacy Act is amended by adding the following definitions:

"close relative" means a parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece, whether related by blood or adoption; ("proche parent")

"spouse" means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage. ("conjoint")

(2)  Subsection 14 (4) of the Act is amended by striking out "or" at the end of clause (a), by adding "or" at the end of clause (b) and by adding the following clause:

(c) discloses personal information about a deceased individual to the spouse or a close relative of the deceased individual, and the head is satisfied that, in the circumstances, the disclosure is desirable for compassionate reasons.

(3)  Section 21 of the Act is amended by adding the following subsections:

Personal information about deceased

(10)  In the case of a request by the spouse or a close relative of a deceased individual for disclosure of personal information about the deceased individual, the person making the request shall give the head all information that the person has regarding whether the deceased individual has a personal representative and how to contact the personal representative.

Deemed references

(11)  If, under subsection (10), the head is informed that the deceased individual has a personal representative and is given sufficient information as to how to contact the personal representative, and if the head has reason to believe that disclosure of personal information about the deceased individual might constitute an unjustified invasion of personal privacy unless, in the circumstances, the disclosure is desirable for compassionate reasons, subsections (1) to (9) apply with the following modifications:

1. The expression "the person to whom the information relates" in subsections (1), (5), (7), (8) and (9) shall be deemed to be the expression "the personal representative".

2. The expression "the person" in clauses (2) (a) and (b) shall be deemed to be the expression "the deceased individual" and the expression "the person" in clause (2) (c) shall be deemed to be the expression "the personal representative".

(4)  Section 26 of the Act is repealed and the following substituted:

Annual report of head

26.  (1)  A head shall make an annual report, in accordance with this section, to the Commissioner.

Contents of report

(2)  A report made under subsection (1) shall specify,

(a) the number of requests under this Act or the Personal Health Information Protection Act, 2004 for access to records made to the institution or to a health information custodian within the meaning of the Personal Health Information Protection Act, 2004 that is acting as part of the institution;

(b) the number of refusals by the head to disclose a record under this Act, the provisions of this Act under which disclosure was refused and the number of occasions on which each provision was invoked;

(c) the number of refusals under the Personal Health Information Protection Act, 2004 by a health information custodian, within the meaning of that Act, that is the institution or that is acting as part of the institution, of a request for access to a record, the provisions of that Act under which disclosure was refused and the number of occasions on which each provision was invoked;

(d) the number of uses or purposes for which personal information is disclosed if the use or purpose is not included in the statements of uses and purposes set forth under clauses 34 (1) (d) and (e) of this Act or in any written public statement provided under subsection 16 (1) of the Personal Health Information Protection Act, 2004 by the institution or a health information custodian within the meaning of the Personal Health Information Protection Act, 2004 that is acting as part of the institution;

(e) the amount of fees collected under section 45 of this Act by the institution and under subsection 54 (10) of the Personal Health Information Protection Act, 2004 by the institution or a health information custodian within the meaning of the Personal Health Information Protection Act, 2004 that is acting as part of the institution; and

(f) any other information indicating an effort by the institution or by a health information custodian within the meaning of the Personal Health Information Protection Act, 2004 that is acting as part of the institution to put into practice the purposes of this Act or the purposes of the Personal Health Information Protection Act, 2004.

Separate information

(3)  The information required by each of clauses (2) (a), (d), (e) and (f) shall be provided separately for,

(a) each separate health information custodian that is the institution or that is acting as part of the institution; and

(b) the institution other than in its capacity as a health information custodian and other than in its capacity as an institution containing a health information custodian.

Same

(4)  The information required by clause (2) (c) shall be provided separately for each separate health information custodian that is the institution or that is acting as part of the institution.

(5)  Clause 32 (i) of the Act is amended by striking out "with the next of kin or a friend" and substituting "with the spouse, a close relative or a friend".

Public Service Act

4.  (1)  Clause 4 (c) of the Public Service Act is amended by striking out "and establish lists of eligibles" at the end.

(2)  Sections 6 and 7 of the Act are repealed and the following substituted:

Filling vacancies in the classified service

6.  When a vacancy exists in the classified service, the Commission shall appoint a person nominated by the deputy minister of the ministry in which the vacancy exists to a position on the probationary staff of the classified service, and the appointment shall be made for a period of not more than one year at a time.

Appointments to regular staff

7.  (1)  If requested in writing by the deputy minister, the Commission shall appoint a person on the probationary staff of the classified service to the regular staff of the classified service.

Transition

(2)  The Commission may make an appointment under subsection (1) effective as of a date before the date on which subsection 4 (2) of Schedule N to the Good Government Act, 2006 comes into force.

(3)  Subsection 7.1 (2) of the Act is amended by striking out "or by the Lieutenant Governor in Council on the certificate of the Commission" at the end.

(4)  Subsections 8.1 (1), (2) and (3) of the Act are repealed and the following substituted:

Status

Status as a civil servant

(1)  An individual is not considered to be a civil servant unless he or she has been expressly appointed as such by the Lieutenant Governor in Council on the certificate of the Commission, by the Commission or by a deputy minister authorized under subsection 24 (1).

Status as a public servant

(2)  An individual is not considered to be a public servant unless he or she has been expressly appointed as such by the Lieutenant Governor in Council, by the Commission, by a deputy minister authorized under subsection 24 (1) or by a minister or a designee of a minister.

Status as a Crown employee

(3)  An individual who is employed in the service of the Crown is not considered to be a Crown employee unless the individual has been expressly appointed as such by the Lieutenant Governor in Council, by the Commission, by a deputy minister authorized under subsection 24 (1) or by a minister.

(5)  Section 17 of the Act is amended by striking out "the Lieutenant Governor in Council" and substituting "the Commission".

(6)  Section 17 of the Act is amended by adding the following subsection:

Transition

(2)  The Commission may make a reappointment under subsection (1) effective as of a date before the date on which subsection 4 (5) of Schedule N to the Good Government Act, 2006 comes into force.

(7)  Subsection 21 (2) of the Act is repealed and the following substituted:

Absence, etc.

(2)  If a deputy minister is absent or if there is a vacancy in the office, his or her powers, duties and functions under this or any other Act or as otherwise assigned shall be exercised and performed by such public servant as is designated by his or her minister.

(8)  Section 24 of the Act is repealed and the following substituted:

Delegation of powers and duties, Commission

24.  (1)  The Commission may authorize a deputy minister to perform any of its duties and exercise any of its powers under sections 6, 7 and 7.1.

Same

(2)  The Commission may authorize a deputy minister to perform any of its duties and exercise any of its powers in relation to,

(a) evaluating, classifying, and determining the qualifications for, positions in the classified service that are designated by the Commission; and

(b) recruiting qualified persons for the civil service.

Subdelegation

(3)  A deputy minister who is authorized under subsection (2) may in writing delegate that authority to,

(a) any public servant;

(b) any class of public servant; or

(c) with the Commission's approval, another person or persons.

(9)  The French version of clause 29.2 (a) of the Act is amended by striking out "«grave danger imminent pour la santé ou la sécurité de quiconque»" and substituting "«grave danger imminent pour la santé ou la sécurité»".

(10)  Subsection 34 (9) of the Act is amended by striking out "Section 34 of this Act" at the beginning and substituting "This section".

Treasury Board Act, 1991

5.  Subsection 6 (3) of the Treasury Board Act, 1991 is amended by striking out "financial and administrative".

Commencement

Commencement

6.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE O
MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING

Building Code Act, 1992

1.  (1)  The definition of "registered code agency" in subsection 1 (1) of the Building Code Act, 1992 is amended by striking out "or entity".

(2)  Subsection 1.1 (8) of the Act is amended by striking out "or entity".

(3)  Clause 7 (e) of the Act, as it read before its re-enactment by the Statutes of Ontario, 2002, chapter 9, section 11, is repealed and the following substituted:

(e) requiring a person specified in the building code to give notice to the chief building official or an inspector or to a registered code agency if one is appointed, of any of the stages of construction specified in the building code, in addition to the stages of construction prescribed under subsection 10.2 (1) and prescribing the period of time after such notice is given during which an inspection may be carried out;

(4)  Subsection (3) applies only if the Good Government Act, 2006 receives Royal Assent before July 1, 2005.

(5)  On the later of July 1, 2005 and the day the Good Government Act, 2006 receives Royal Assent, clause 7 (e) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 9, section 11, is repealed and the following substituted:

(e) requiring a person specified in the building code to give notice to the chief building official or an inspector or to a registered code agency if one is appointed, of any of the stages of construction specified in the building code, in addition to the stages of construction prescribed under subsection 10.2 (1) and prescribing the period of time after such notice is given during which an inspection may be carried out;

(6)  Subsection 13 (6) of the Act is repealed and the following substituted:

Order to uncover

(6)  A chief building official or registered code agency who has reason to believe that part of a building that is covered or enclosed has not been constructed in compliance with this Act or the building code may order the persons responsible for the construction to uncover the part at their own expense for the purpose of an inspection if,

(a) the part was covered or enclosed contrary to an order made under subsection (1);

(b) a notice required to be given to the chief building official, registered code agency or inspector before the part was covered or enclosed under a by-law, resolution or regulation made under clause 7 (e) was not given, or a notice required under section 10.2 was not received;

(c) in cases where a notice required under section 10.2 is received, the period prescribed under subsection 10.2 (2) did not elapse before the part was covered or enclosed;

(d) in cases where a notice required by a by-law, resolution or regulation made under clause 7 (e) is given,

(i) the inspection period prescribed under clause 7 (e) did not elapse before the part was covered or enclosed, or

(ii) if an inspection period is not prescribed under clause 7 (e), a reasonable period of time after the notice was given did not elapse before the part was covered or enclosed; or

(e) the part has been constructed without a permit being issued.

(7)  Subsections 15.11 (4), (5) and (7) of the Act are amended by striking out "or entity" wherever it appears.

(8)  Subsections 15.12 (1), (2) and (3) of the Act are amended by striking out "or entity" wherever it appears.

(9)  Subsection 15.13 (1) of the Act is amended by striking out "or entity" and by striking out "and entities".

(10)  Subsections 15.13 (2), (3) and (5) of the Act are amended by striking out "or entity" wherever it appears.

(11)  Subsection 16 (1) of the Act is amended by striking out "and 15.4" in the portion before clause (a) and substituting "15.4 and 15.9".

(12)  Paragraphs 15.2 and 15.3 of subsection 34 (1) of the Act are amended by striking out "or entity" wherever it appears.

(13)  Paragraph 33 of subsection 34 (1) of the Act is amended by striking out "and entities" wherever it appears.

(14)  Paragraph 34 of subsection 34 (1) of the Act is amended by striking out "and entities" in the portion before subparagraph i, by striking out "or entities" in subparagraph i and by striking out "or entity" in subparagraph vi.

(15)  Paragraph 35.3 of subsection 34 (1) of the Act is amended by striking out "or entities" and by striking out "or entity".

(16)  Subparagraph 35.12 ii of subsection 34 (1) of the Act is amended by striking out "or entity".

(17)  Paragraph 36 of subsection 34 (1) of the Act is amended by striking out "and entities".

Building Code Statute Law Amendment Act, 2002

2.  Subsection 20 (3) of the Building Code Statute Law Amendment Act, 2002 is repealed.

Municipal Act, 2001

3.  (1)  Subsection 110 (6) of the Municipal Act, 2001 is amended by striking out "exempt from taxation for municipal and school purposes" in the portion before clause (a) and substituting "exempt from all or part of the taxes levied for municipal and school purposes".

(2)  Subsection 110 (7) of the Act is repealed and the following substituted:

Development charges exemption

(7)  Despite the Development Charges Act, 1997, the council of a municipality may exempt from the payment of all or part of the development charges imposed by the municipality under that Act land or a portion of it on which municipal capital facilities are or will be located that,

(a) is the subject of an agreement under subsection (1);

(b) is owned or leased by a person who has entered an agreement to provide facilities under subsection (1); and

(c) is entirely occupied and used or intended for use for a service or function that may be provided by a municipality.

(3)  Subsection 110 (12) of the Act is amended by striking out "exempt from taxation for municipal and school purposes" in the portion before clause (a) and substituting "exempt from all or part of the taxes levied for municipal and school purposes".

(4)  Subsection 110 (13) of the Act is repealed and the following substituted:

Education development charges exemption

(13)  Despite Division E of Part IX of the Education Act, a school board that is authorized to enter into agreements for the provision of school capital facilities by any person may exempt from the payment of all or part of the education development charges imposed by the school board under that Part land or a portion of it on which school capital facilities are or will be located that,

(a) is the subject of the agreement;

(b) is owned or leased by a person who has entered an agreement to provide school capital facilities; and

(c) is entirely occupied and used or intended for use for a service or function that may be provided by a school board.

(5)  Subsection 110 (16) of the Act is repealed and the following substituted:

Effective date

(16)  A by-law passed under subsection (6) or (7) or a resolution passed under subsection (12) or (13) shall specify an effective date which shall be the date of passing of the by-law or resolution or a later date.

(6)  Clause 110 (20) (c) of the Act is amended by adding "or development charges exemptions under subsection (7)" at the end.

(7)  Clause 110 (20) (e) of the Act is amended by adding "or exemptions from education development charges under subsection (13)" at the end.

(8)  Clause 356 (1) (b) of the Act is amended by striking out "for the year in which the application is made and the two preceding years" in the portion before subclause (i).

(9)  Subsection 356 (3) of the Act is repealed.

Municipal Tax Assistance Act

4.  Section 4 of the Municipal Tax Assistance Act is amended by adding the following subsections:

Exception

(3.1)  Subsection (3) does not apply with respect to provincial property designated by the Minister under subsection (3.2).

Designation

(3.2)  The Minister may designate provincial property that was leased under the Home Ownership Made Easy program administered by the Canada Mortgage and Housing Corporation for the purposes of subsection (3.1).

Revocation of designation

(3.3)  A designation made under subsection (3.2) is deemed to have been revoked on the day the lease referred to in subsection (3.2) expires or is otherwise terminated, or, if the lease is assigned, extended or renewed, on the day the assignment, extension or renewal expires or is otherwise terminated.

Not a regulation

(3.4)  A designation made under subsection (3.2) is not a regulation within the meaning of the Regulations Act.

Copy of designation

(3.5)  The Minister shall provide a copy of a designation made under subsection (3.2) to the Municipal Property Assessment Corporation and to any local municipality in which any part of the property is located.

Social Housing Reform Act, 2000

5.  (1)  The English version of subsection 17 (1) of the Social Housing Reform Act, 2000 is amended by striking out "subparagraph 4 ii of subsection 21 (3)" and substituting "subparagraph 4 ii of subsection 22 (3)".

(2)  Subsection 20 (1) of the Act is amended by striking out "in that year" at the end.

(3)  Paragraphs 1, 2 and 3 of section 64 of the Act are repealed and the following substituted:

1. If a lead agency is designated for the service area or a part of the service area and if a regulation is in force specifying that the provision applies to the lead agency with respect to a specified type of special needs housing, the provision shall be deemed to apply only to the lead agency with respect to that type of special needs housing and not to the service manager or a supportive housing provider.

2. If a regulation is in force specifying that the provision applies to a supportive housing provider with respect to a specified type of special needs housing, the provision shall be deemed to apply only to a supportive housing provider with respect to that type of special needs housing and not to the service manager or lead agency.

3. If there is no regulation in force specifying that the provision applies to a supportive housing provider or to a lead agency with respect to a specified type of special needs housing, the provision shall be deemed to apply to the service manager with respect to that type of special needs housing and shall not apply to a supportive housing provider or lead agency.

(4)  Subsection 96 (3) of the Act is amended by striking out "section 88" and substituting "section 91".

(5)  Subsections 103 (3) and (4) of the Act are repealed and the following substituted:

Mortgage subsidy

(3)  The amount of the housing provider's mortgage subsidy for a fiscal year in respect of its housing projects in the service area is the amount determined using the following formula:

R - S

in which,

"R" is the total amount of principal and interest payable by the provider for the fiscal year under mortgages guaranteed by the Province of Ontario or the Ontario Housing Corporation in respect of those projects, and

"S" is the amount of the provider's affordable mortgage payment in respect of those projects.

Affordable mortgage payment

(4)  The amount of the housing provider's affordable mortgage payment in respect of its housing projects in the service area is the amount determined using the following formula:

T - U

in which,

"T" is the housing provider's benchmark revenue from those projects, as determined by the Minister under section 104, and

"U" is the amount of the housing provider's benchmark operating costs in respect of those projects, as determined by the Minister under that section.

(6)  Clause 117 (3) (a) of the Act is repealed.

(7)  Section 117 of the Act is amended by adding the following subsection:

Notice

(5)  A service manager shall give written notice to the Minister containing such information as may be prescribed, if the service manager is exercising any remedy under this Act that does not require the consent of the Minister.

(8)  The English version of subsection 158 (2) of the Act is amended by striking out "geographic area" and substituting "service area".

(9)  Paragraph 1 of subsection 172 (2) of the Act is repealed and the following substituted:

1. For the purposes of section 64 (service manager, supportive housing provider or lead agency), prescribing provisions of Part V that apply to a supportive housing provider or lead agency in respect of a specified service area and a specified type of special needs housing.

Commencement

Commencement

6.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE P
MINISTRY OF NATURAL RESOURCES

Aggregate Resources Act

1.  (1)  The Aggregate Resources Act is amended by adding the following section:

Returns

14.1  Every licensee shall make a return to the Aggregate Resources Trust, within the prescribed time, showing the quantity of material removed from the site.

(2)  Subsection 20 (5) of the Act is amended by adding "or section 14.1" after "14 (1)".

(3)  Subsection 46 (2) of the Act is repealed and the following substituted:

Return

(2)  Every aggregate permittee shall make a return, in accordance with the regulations, to the Aggregate Resources Trust showing the quantity of material removed from the site.

Payment of royalty

(2.1)  Every aggregate permittee shall pay the royalty payment required under subsection (1) to the Aggregate Resources Trust at the same time as the annual permit fee.

(4)  Section 57 of the Act is amended by adding the following subsection:

Contravention of inspector's order

(3.1)  Every person who contravenes or fails to comply with an inspector's order under this Act is guilty of an offence.

(5)  Subsection 62 (1) of the Act is repealed and the following substituted:

Record keeping

(1)  Every licensee and permittee shall keep, for a period of seven years, detailed records of the operation for which the licence or permit has been issued, including copies of all documents relating to quantities of material removed from the site, inventories of material on the site, sales and shipments.

(6)  Section 63 of the Act is repealed and the following substituted:

Inspector's order for compliance

63.  (1)  Where an inspector finds that any provision of this Act or the regulations is being contravened, he or she may give to the licensee or permittee or to the person whom the inspector believes to be the contravener, his or her supervisor or foreman, or any of them, an order in writing directing compliance with the provision and may require the order to be carried out forthwith or within such time as the inspector specifies.

Same

(2)  Where an inspector gives an order under this section on finding that a pit or quarry is being operated without a licence or permit in contravention of this Act, he or she may order that the operation of the pit or quarry cease and that the site be rehabilitated to a safe condition in accordance with the order.

Sufficient information

(3)  Where an inspector gives an order under this section, the order shall contain sufficient information to specify the nature of the contravention.

Appeal from inspector

63.1  (1)  Any person who considers himself, herself or itself aggrieved by an order of an inspector made under section 63 may appeal to the Minister within 30 days after the order is made, by giving the Minister a written notice setting out the grounds for the appeal.

Minister's designee

(2)  The Minister may designate any person as the Minister's designee for the purpose of disposing of an appeal under this section.

Dismissal of appeal without hearing

(3)  Subject to subsection (6), the Minister's designee may dismiss an appeal under this section without a hearing if,

(a) the appeal is frivolous or vexatious or is commenced in bad faith; or

(b) any of the statutory requirements for bringing the appeal has not been met.

Notice

(4)  Before dismissing the appeal, the Minister's designee shall give the appellant a written notice setting out,

(a) the designee's intention to dismiss the appeal;

(b) the reasons for the dismissal; and

(c) the appellant's right to make written submissions to the designee with respect to the dismissal within the time specified in the notice.

Right to make submissions

(5)  An appellant who receives a notice under subsection (4) may make written submissions to the designee with respect to the dismissal within the time specified in the notice.

Dismissal

(6)  The designee shall not dismiss the appeal until he or she has given notice under subsection (4) and considered the submissions, if any, made under subsection (5).

Powers after hearing

(7)  If the designee hears an appeal under this section, the designee may substitute his or her findings or opinions for those of the inspector who made the order appealed from, and may,

(a) make an order rescinding the inspector's order;

(b) make an order affirming the inspector's order; or

(c) make a new order in substitution for the inspector's order.

Effect of Minister's order

(8)  The designee's order under subsection (7) stands in place of and has the same effect as the inspector's order.

Operation of inspector's order pending appeal

(9)  The bringing of an appeal under this section does not affect the operation of the order appealed from pending disposition of the appeal.

Non-application

(10)  The Statutory Powers Procedure Act does not apply to appeals under this section.

Guidelines and fees

(11)  The Minister may establish guidelines and charge fees with respect to appeals under this section.

Lakes and Rivers Improvement Act

2.  (1)  The Lakes and Rivers Improvement Act is amended by adding the following section:

Compliance with conditions in approval

17.3  The holder of an approval issued under section 14, 16 or 17.2 shall comply with the conditions to which the approval is subject.

(2)  Clause 20 (3) (b) of the Act is amended by adding "data" after "document".

(3)  Subsection 28 (1) of the Act is amended by adding the following clauses:

(a.1) constructs a dam in any lake or river, in circumstances set out in the regulations, that does not conform with the plans and specifications approved under section 14;

(a.2) fails to comply with the conditions of an approval given by the Minister under section 14 or 17.2;

. . . . .

(b.1) alters, improves or repairs any part of a dam, in the circumstances prescribed by the regulations, in a way that does not conform with the plans and specifications approved under section 16;

(b.2) fails to comply with the conditions of an approval given by the Minister under section 16;

Niagara Escarpment Planning and Development Act

3.  (1)  Subsection 25 (5) of the Niagara Escarpment Planning and Development Act is repealed and the following substituted:

Notice of decision

(5)  The delegate to whom the Minister has delegated his or her authority under subsection (1) shall give notice of decision on any application for a development permit as follows:

1. By regular or registered mail or personal service to the Minister, to the applicant for the permit, to persons who have requested to receive notice of the decision, to persons whom the delegate considers may have an interest in the decision and to all assessed owners of land lying within 120 metres of the land that is the subject of the application.

2. If a condominium development is located within 120 metres of the land, instead of giving notice to all owners assessed in respect of the condominium development as required by paragraph 1, by regular or registered mail to the condominium corporation at its most recent address for service or its mailing address as registered under section 3 of the Condominium Act, 1998.

Same

(5.1)  A copy of a decision given under subsection (5) to anyone other than the Minister shall include a notice indicating that the recipient of the decision may, within 14 days after the mailing of the decision, appeal the decision by giving the delegate a written notice of appeal that specifies the reasons for the appeal.

(2)  Subsections 25 (8) and (9) of the Act are amended by striking out "subsection (5)" wherever that expression appears and substituting in each case "subsection (5.1)".

(3)  The Act is amended by adding the following section:

Service

28.1  (1)  Any notice or order required to be given under subsection 6.1 (3), section 24, subsection 26 (1) or subsection 28 (4) is sufficiently given if delivered personally or sent by any method that allows receipt to be proven addressed to the person upon whom service is to be made at the last address for service appearing on the records of the Commission.

Same

(2)  Service made by registered mail shall be deemed to be made on the fifth day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, and for cause beyond the control of the person, receive the notice until a later date.

Oil, Gas and Salt Resources Act

4.  (1)  Subsection 1 (1) of the Oil, Gas and Salt Resources Act is amended by adding the following definitions:

"correlative rights" means the right of every owner of a property in a pool of oil or gas to produce from that property the owner's proportionate share of the oil or gas, or both, in the pool; ("droit corrélatif")

"facility" means any work used to store, process or transport any substance produced from or injected into a well; ("installation")

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

"inspector" means an inspector or officer appointed for the purposes of this Act and the regulations; ("inspecteur")

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

"pipeline" means a pipeline used for the collection of oil, gas or other substance produced from or injected into a well and transportation of the oil, gas or substance to a separating, processing or storage facility or to a distribution or transmission pipeline; ("pipeline")

(4)  The definition of "well" in subsection 1 (1) of the Act is repealed and the following substituted:

"well" means a hole in the ground, whether completely drilled or in the process of being drilled, for the purpose of,

(a) the production of oil, gas or formation water, including the production of coal bed methane but excluding the production of fresh water,

(b) the injection, storage and withdrawal of oil, gas, other hydrocarbons or other approved substances in an underground geological formation,

(c) the disposal of oil field fluid in an underground geological formation,

(d) solution mining, or

(e) geological evaluation or testing rocks of Cambrian or more recent age; ("puits")

(5)  Subsection 1 (3) of the Act is repealed and the following substituted:

Powers and duties of Commissioner

(3)  The Commissioner shall do the following:

1. In reviewing and adjudicating applications for pooling and unitization orders, have regard to,

i. the conservation of Ontario's oil and gas resources,

ii. the orderly, efficient and economic development of those resources, and

iii. the protection of correlative rights.

2. Provide access, in accordance with section 175 of the Mining Act, to subsurface oil, gas and salt resources.

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

(f) use or cause to be used any computer system for the purpose of examining information contained in or available to the computer system, and produce or cause to be produced a printout or other output from the computer system;

(g) make copies of any documents inspected or produced during the inspection;

(h) remove any documents or things for the purpose of making copies or of further inspection, but the copying or further inspection shall be carried out with reasonable dispatch and the documents or things shall be returned promptly to the person from whom they were taken.

(7)  Section 7.0.1 of the Act is repealed and the following substituted:

Order to plug well or decommission facility

7.0.1  An inspector may order the operator of a well to plug the well or decommission a facility within such time as the inspector considers appropriate if,

(a) the inspector is of the opinion that the well or facility represents a hazard to the public or to the environment; or

(b) any activity relating to the well or facility has been suspended.

(8)  Subsection 7.1 (3) of the Act is repealed.

(9)  Subsection 10.1 (1) of the Act is repealed and the following substituted:

Transfer of well licence or permit

(1)  No person shall transfer a licence relating to a well or a permit issued under this Act without the written consent of the Minister.

(10)  Subsection 10.1 (4) of the Act is repealed and the following substituted:

Plugging by previous licensee

(4)  If, at any time after a licence relating to a well is transferred, an order to plug the well or decommission a facility is made under section 7.0.1 but is not complied with, an inspector may require a previous licensee to plug the well or decommission the facility at the previous licensee's expense.

(11)  The Act is amended by adding the following section:

Prohibition on building without decommissioning of works

10.2  No person shall erect, locate or construct any class or classes of buildings or structures within 75 metres of a well or facility unless the works have been decommissioned in accordance with this Act and the regulations.

(12)  Clause 17 (2) (a) of the Act is amended by adding "and transfer" after "issue".

Public Lands Act

5.  (1)  Clause 14 (1) (a) of the Public Lands Act is amended by adding "the terms and conditions of" after "with".

(2)  Subsection 34 (3) of the Act is repealed and the following substituted:

Limitations

(3)  No claim shall be entertained unless it concerns a deficiency of at least one-tenth of the whole quantity described as being contained in the land granted and the claim is brought within five years from the date of the letters patent.

Commencement

Commencement

6.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE Q
MINISTRY OF NORTHERN DEVELOPMENT AND MINES

Northern Services Boards Act

1.  Form 2 of the Northern Services Boards Act is amended by striking out "Local Services Boards Act" and substituting "Northern Services Boards Act".

Ontario Northland Transportation Commission Act

2.  Section 40 of the Ontario Northland Transportation Commission Act is repealed and the following substituted:

Fiscal year

40.  (1)  The Commission's 2005 fiscal year ends on March 31, 2006.

Same

(2)  As of April 1, 2006, the Commission's fiscal year begins on April 1 in each year and ends on March 31 of the following year.

Commencement

Commencement

3.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE R
MINISTRY OF TOURISM

City of Toronto XXIX Summer Olympic Games Bid Endorsement Act, 1998

1.  The City of Toronto XXIX Summer Olympic Games Bid Endorsement Act, 1998 is repealed.

Commencement

Commencement

2.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE S
MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES

Ministry of Training, Colleges and Universities Act

1.  (1)  The Ministry of Training, Colleges and Universities Act is amended by adding the following section:

Awards and grants

5.  (1)  The Minister may make grants and awards to,

(a) students of universities, colleges of applied arts and technology or other post-secondary institutions; and

(b) persons who received a loan under section 7.1 while a student of an institution referred to in clause (a) and who have not repaid the loan in full.

Terms

(2)  A grant or award may be made on such terms as may be prescribed by regulation and on such other terms as the Minister considers proper.

(2)  Subsection 13 (1) of the Act is amended by adding the following clauses:

(a.1) governing awards and grants made under section 5 and loans made under section 7.1;

. . . . .

(b.1.1) respecting the terms of repayment of a student loan, the suspension of repayment obligations under the loan and the forgiving of all or part of the outstanding amounts on the loan, including prescribing,

(i) the length of time for which a suspension may be granted,

(ii) the amount or maximum amount that may be suspended or forgiven or the method of determining that amount, and

(iii) conditions, restrictions or limitations that apply with respect to a suspension of the loan or to the forgiving of all or part of the loan;

Ontario Colleges of Applied Arts and Technology Act, 2002

2.  (1)  Section 2 of the Ontario Colleges of Applied Arts and Technology Act, 2002 is amended by adding the following subsection:

Corporate entity

(1.1)  Each college established under subsection (1) is a corporation without share capital and shall consist of the members of its board of governors.

(2)  Subsection 3 (2) of the Act is repealed.

University of Ontario Institute of Technology Act, 2002

3.  The English version of clause 15 (8) (a) of the University of Ontario Institute of Technology Act, 2002 is amended by striking out "on money borrowed" and substituting "for money borrowed".

Commencement

Commencement

4.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE T
MINISTRY OF TRANSPORTATION

Bridges Act

1.  Section 2 of the Bridges Act is amended by adding the following subsection:

Same

(1.1)  A person who builds, places, constructs, rebuilds, replaces or alters a bridge, culvert or causeway in accordance with a work permit or an instrument granted under the Public Lands Act or an approval under the Lakes and Rivers Improvement Act is not required to obtain an approval under subsection (1).

Highway 407 Act, 1998

2.  Section 60 of the Highway 407 Act, 1998 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

3.  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.

Highway Traffic Act

4.  (1)  Subsection 7 (12.1) of the Highway Traffic Act is amended by striking out "the Fire Departments Act" and substituting "the Fire Protection and Prevention Act, 1997".

(2)  Subsection 7 (12.3) of the Act is amended by striking out "the Fire Departments Act" and substituting "the Fire Protection and Prevention Act, 1997".

5.  Clause 70 (1) (i) of the Act is repealed.

6.  (1)  Subsection 144 (5) of the Act is amended by striking out "traffic signal" in the portion before clause (a) and substituting "traffic control signal".

(2)  Subsection 144 (6) of the Act is amended by striking out "traffic signal" in the portion before clause (a) and substituting "traffic control signal".

(3)  Subsection 144 (8) of the Act is amended by striking out "signals" wherever it appears and substituting in each case "traffic control signals".

7.  (1)  Subsection 214.1 (2) of the Act is amended by striking out "The Solicitor General and Minister of Correctional Services" at the beginning and substituting "The Minister of Community Safety and Correctional Services".

(2)  Subsection 214.1 (4) of the Act is amended by striking out "the Solicitor General and Minister of Correctional Services" and substituting "the Minister of Community Safety and Correctional Services".

Local Roads Boards Act

8.  Section 28 of the Local Roads Boards Act is amended by striking out "prepaid first-class mail" and substituting "mail".

Ministry of Transportation Act

9.  The Ministry of Transportation Act is amended by adding the following section:

Protection from personal liability

9.  (1)  No action or other proceeding for damages shall be instituted against the Deputy Minister, any officer or employee of the Ministry or anyone acting under the authority of the Minister or the Deputy Minister for any act done in good faith in the execution or intended execution of the person's duty or for any alleged neglect or default in the execution in good faith of the person's duty.

Crown not relieved of liability

(2)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject.

Public Transportation and Highway Improvement Act

10.  Section 17 of the Public Transportation and Highway Improvement Act is amended by striking out "The Treasurer of Ontario" at the beginning and substituting "The Minister of Finance".

11.  Sections 91 and 92 of the Act are repealed.

12.  Sections 93 and 93.1 of the Act are repealed and the following substituted:

Definition

93.  In this Part,

"public transportation" means any service for which a fare is charged for transporting the public by vehicles operated by or on behalf of a municipality or a local board as defined in the Municipal Affairs Act, or under an agreement between a municipality and a person, firm or corporation and includes special transportation facilities for the physically disabled, but does not include transportation by special purpose facilities such as school buses or ambulances.

Shortline Railways Act, 1995

13.  The definitions of "shortline railway" and "shortline railway company" in section 1 of the Shortline Railways Act, 1995 are repealed and the following substituted:

"shortline railway" means a railway within the legislative jurisdiction of the Province of Ontario; ("chemin de fer d'intérêt local")

"shortline railway company" means a municipality or person that operates or intends to operate a shortline railway. ("compagnie de chemin de fer d'intérêt local")

14.  Section 2 of the Act is repealed and the following substituted:

Application

2.  (1)  This Act applies and The Railways Act does not apply to all shortline railways except those operated by a corporation incorporated by a special Act.

Same

(2)  Despite subsection (1), this Act applies and The Railways Act does not apply to a shortline railway operated by a corporation that is incorporated by a special Act and is designated in the regulations.

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

Construction, alteration

4.1  No person or municipality shall construct or alter a shortline railway except in accordance with the regulations.

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

Discontinuance

(1)  A shortline railway company shall comply with this section before discontinuing the operation of a railway line.

(2)  Subsection 10 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Advertisement

(2)  A shortline railway company that proposes to discontinue the operation of a railway line shall,

. . . . .

(3)  Paragraph 1 of subsection 10 (3) of the Act is repealed and the following substituted:

1. A statement that the shortline railway company no longer intends to operate a railway line.

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

Same

(2)  If a corporation is guilty of an offence under subsection (1), any officer or director of the corporation who authorizes, permits or acquiesces in the offence is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or both.

18.  (1)  Clause 23 (1) (a) of the Act is repealed and the following substituted:

(a) designating corporations for the purpose of subsection 2 (2);

(2)  Subsection 23 (1) of the Act is amended by adding the following clause:

(a.1) respecting the construction and alteration of shortline railways;

Commencement

Commencement

19.  (1)  Subject to subsections (2) and (3), this Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

Same

(2)  Section 2 shall be deemed to have come into force on January 1, 2003.

Same

(3)  Section 3 comes into force on the day subsection 13 (1) of Schedule C to the Municipal Statute Law Amendment Act, 2002 comes into force.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 190 and does not form part of the law. Bill 190 has been enacted as Chapter 19 of the Statutes of Ontario, 2006.

The Bill is part of the government's initiative to promote good government.

The Bill amends or repeals a number of Acts. For convenience, the amendments and repeals are set out in separate Schedules. Schedules with the name of Ministries include amendments to and repeals of Acts that are administered by the Ministry involved or that affect that Ministry. The commencement provisions for each of the Schedules are set out in the Schedules.

SCHEDULE A
MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS

Farm Products Marketing Act

All references to The Ontario Apple Marketing Commission are removed from the Act since the Commission has been dissolved and replaced by a local board known as the Ontario Apple Growers which does not have the authority to determine prices for apples.

The name of The Ontario Egg Producers' Marketing Board is changed to the Egg Farmers of Ontario.

The maximum age for chicks-for-placement and the minimum age for fowl are reduced from 20 weeks to 19 weeks.

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

The Schedule amends the French version of a number of Acts to correct an error in references to the Agriculture, Food and Rural Affairs Appeal Tribunal.

The Schedule also repeals a number of unconsolidated statutory provisions, revokes a number of regulations where the authority to make them has been repealed and revokes a number of unconsolidated regulations.

SCHEDULE B
MINISTRY OF THE ATTORNEY GENERAL

Assessment Review Board Act

Section 8.1 of the Assessment Review Board Act is re-enacted to clarify the Board's power to set and charge fees. (Section 2 of Schedule)

Change of Name Act

Subsection 8 (2) of the Change of Name Act provides that a name change is treated as confidential if "the Attorney General or a person authorized by the Attorney General certifies that a change of name is intended to prevent significant harm to the person to whose name the application relates". This is amended to clarify that the intention to prevent significant harm must exist in the opinion of the Attorney General or authorized person. (Section 3 of Schedule)

Children's Law Reform Act

Under section 10 of the Children's Law Reform Act, the court may give a party to a civil proceeding leave to obtain blood tests to assist in determining a child's parentage. The section is rewritten to include DNA tests as well. Section 11 of the Act, which provides for regulations governing blood tests under section 10, is repealed. (Section 4 of Schedule)

Crown Witnesses Act

The Crown Witnesses Act is amended to provide authority for agreements relating to confidential name changes under subsection 8 (2) of the Change of Name Act. The agreements will permit the Attorney General, in appropriate circumstances, to facilitate secure access to government services and benefits by persons who have undergone confidential name changes, and the enforcement of their financial obligations to the Crown. (Section 5 of Schedule)

Execution Act

Section 3 of the Execution Act is rewritten to simplify wording and correct cross-references, and to clarify that the exemption for motor vehicles applies even if the chattel is worth more than the exempted amount (the same rule as for tools of the trade in similar circumstances). Complementary amendments are made to section 4 and subsections 35 (1) and (3). (Section 6 of Schedule)

Executive Council Act, Expropriations Act and Substitute Decisions Act, 1992

The Executive Council Act, the Expropriations Act and the Substitute Decisions Act, 1992 are amended to correct references to the Minister of Health and Long-Term Care and the Ministry of Health and Long-Term Care Act. (Sections 7, 8 and 22 of Schedule)

Human Rights Code

Section 18 of the Human Rights Code is amended to correct an error in the French version. (Section 10 of Schedule)

Interpretation Act and Real Property Limitations Act

Definitions of "mental defective", "mentally defective person" and "mental deficiency" are removed from the Interpretation Act, and similar references are removed from the Real Property Limitations Act. The only other occurrences of these expressions, in the Land Titles Act and the Marriage Act, are also being removed by amendments contained in Schedule G for the Ministry of Government Services (Former Ministry of Consumer and Business Services). (Sections 11 and 20 of Schedule)

Legal Aid Services Act, 1998

Section 24 of the Legal Aid Services Act, 1998, which currently requires applications for legal aid certificates to be submitted to area directors (and, in the case of applications by non-residents, to be decided in the prescribed manner), is rewritten to require applications to be made and decided in a manner approved by Legal Aid Ontario. (Section 12 of Schedule)

Provincial Offences Act

The Provincial Offences Act is amended to clarify that new section 158.2, which requires a person who has seized anything under a warrant to report to a justice of the peace, applies only if no procedure for dealing with the thing is otherwise provided by law. (Section 15 of Schedule)

Public Accounting Act, 2004

The Public Accounting Act, 2004 is amended to correct an oversight and to permit the extension of a statutory deadline by regulation. (Section 16 of Schedule)

Public Authorities Protection Act

Subsection 6 (1) of the Public Authorities Protection Act requires that a person who wishes to commence an action against a constable, police officer, small claims court bailiff or other officer for anything done under a warrant must first leave a demand for a copy of the warrant at the officer's "usual place of abode". This is changed to "usual place of work". (Section 17 of Schedule)

Public Guardian and Trustee Act

Section 10.1 is added to the Public Guardian and Trustee Act to clarify that records stored by the Public Guardian and Trustee in any medium are admissible in evidence and have the same probative force as the contents of the original document in the Public Guardian and Trustee's possession would have had. (Section 18 of Schedule)

Public Inquiries Act

The Public Inquiries Act is amended to require that the final report of a commission of inquiry be submitted and released in both English and French at the same time. An exception may be made if the Lieutenant Governor in Council is of the opinion that public health or safety would not be served by delaying because only one language version is ready; in that case, the other version must be made available as soon as possible. (Section 19 of Schedule)

Statutory Powers Procedure Act

The Statutory Powers Procedure Act is amended to clarify that the power of tribunals to award costs is a substantive matter rather than a procedural matter. (Section 21 of Schedule)

Substitute Decisions Act, 1992

A number of amendments are made to the Substitute Decisions Act, 1992 to clarify the intention of existing provisions. Sections 31.1 and 59.1, requiring the disclosure of certain categories of personal information about an incapable person to his or her guardian, are added. Section 81, dealing with orders for the enforcement of assessment orders, is rewritten to place responsibility for enforcement on the applicant in the proceeding in which the assessment order is made, rather than on the Public Guardian and Trustee. Power to make regulations of general or particular application is added. (Section 22 of Schedule)

Trustee Act

Section 1 of the Trustee Act is amended to remove definitions of "mental incompetent", "mentally incompetent person" and "person of unsound mind" because these expressions are not actually used in the rest of the Act. (Section 23 of Schedule)

General

Technical amendments are made to various statutes in order to update postal terminology and references to the Minister of Finance.

SCHEDULE C
COURT NAMES

Technical amendments are made to a large number of statutes in order to update court names and related titles.

SCHEDULE D
AMENDMENTS RELATING TO THE ENACTMENT OF THE YOUTH CRIMINAL JUSTICE ACT (CANADA)

The Schedule amends numerous Acts as a result of the repeal of the Young Offenders Act (Canada) ("YOA") and the enactment of the Youth Criminal Justice Act (Canada) ("YCJA"). In some cases, Acts are amended by keeping the reference to the YOA and adding a reference to the YCJA and in other cases by repealing the reference to the YOA and replacing it with a reference to the YCJA. The Schedule also changes terminology in the various Acts from that used in the YOA to the new terminology used in the YCJA. Finally, the Schedule makes necessary changes to certain Acts where a substantive difference between the provisions of the YOA and those of the YCJA has an effect on the provincial statute.

SCHEDULE E
MINISTRY OF COMMUNITY AND SOCIAL SERVICES

Developmental Services Act

The Schedule changes references to the Minister of Health in the Developmental Services Act to the Minister of Health and Long-Term Care.

Ontario Disability Support Program Act, 1997

The Schedule makes a number of amendments to the Ontario Disability Support Program Act, 1997. It adds extended health benefits to the Act and allows them to be provided for the benefit of former recipients of income support who are members of a prescribed class and for the benefit of their dependants. It also provides that overpayments under the Act are debts due to the Crown in right of Ontario and allows for their collection. It allows the Cabinet to make regulations governing appeals under the Act to the Divisional Court.

Ontario Works Act, 1997

A number of changes are made by the Schedule to the Ontario Works Act, 1997. The Act is amended to provide that overpayments by a delivery agent are debts due to the delivery agent and may also be deemed by the Director to be a debt due to the Crown. The Act is also amended to allow recovery of debts that are deemed to be debts due to the Crown. The restriction on the number of vice-chairs for the Tribunal is removed. The amendments also allow the Cabinet to make regulations governing appeals under the Act to the Divisional Court.

Social Work and Social Service Work Act, 1998

The Social Work and Social Service Work Act, 1998 is amended by the Schedule by allowing the Council to continue when there are vacancies in the membership as long as the number of members is not less than a quorum.

SCHEDULE F
MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES

Ontario Society for the Prevention of Cruelty to Animals Act

Section 12 of the Ontario Society for the Prevention of Cruelty to Animals Act authorizes entry onto property by an inspector or agent of the Society, together with a veterinarian, in order to find, examine, care for or destroy an animal in distress. The section is amended to permit entry by more than one inspector or agent, together with one or more veterinarians or other persons as the inspectors or agents consider advisable.

Currently, section 12 of the Act provides for the issue of a warrant that may be executed between sunrise and sunset. This is amended so that the warrant must specify the hours when it may be executed and when it expires.

Section 15 of the Act permits the Society to serve an owner with a statement of account for its costs incurred in caring for the owner's animal. Section 15 currently allows service of the statement by mail. This is amended to allow for personal service as well.

Under section 17 of the Act, an owner or custodian of an animal may appeal an order of the Animal Review Board or request return of the animal. This is amended to require more detail in the notice of appeal respecting the remedy or action sought and the reasons for it.

Deadlines throughout the Act are based on the passage of a number of days. These are amended to refer to business days.

Police Services Act

The Police Services Act is amended to authorize the appointment of one or more deputy Commissioners of the Ontario Provincial Police and the delegation of powers by the Commissioner to a deputy Commissioner.

SCHEDULE G
MINISTRY OF GOVERNMENT SERVICES (FORMER MINISTRY OF CONSUMER AND BUSINESS SERVICES)

Bailiffs Act

The Bailiffs Act currently provides for the revocation of an assistant bailiff's registration under the Act and an assistant bailiff's appointment described in clause 3.1 (b) of the Act. The Act is amended to provide, as well, for the revocation of an assistant bailiff's authorization to act as an assistant bailiff described in clause 3.1 (c) of the Act.

Business Corporations Act

The Business Corporations Act currently requires that a consent to act as a first director be provided by each individual who is named in the articles of incorporation as a first director and who is not an incorporator. The Act is amended to require, if the articles are in electronic format and, therefore, not signed, that a consent to act as a first director also be provided by each incorporator who is named in the articles as a first director.

Land Titles Act and Marriage Act

The Schedule updates the terminology of references in each of the Acts to mentally incapable persons.

Liquor Licence Act

The Liquor Licence Act currently prohibits the Registrar of Alcohol and Gaming from issuing a licence to sell liquor to an applicant who has a financial relationship with a liquor manufacturer unless the board of the Alcohol and Gaming Commission of Ontario has considered the nature and extent of the financial relationship and it is not contrary to the public interest to issue the licence. The Act is amended to provide for the Registrar, rather than the board, to consider the nature and extent of the financial relationship between the applicant and the manufacturer in order to decide whether it is contrary to the public interest to issue the licence.

Ministry of Consumer and Business Services Act

A provision is added to the Ministry of Consumer and Business Services Act to provide protection from personal liability for the Deputy Minister, the Director and various other persons acting under an Act administered by the Minister, in respect of acts or omissions in the performance in good faith of their duties. The liability of the Crown under the Proceedings Against the Crown Act in respect of the torts committed by its employees and agents is retained.

Ministry of Consumer and Business Services Statute Law Amendment Act, 2004

Amendments made to the Repair and Storage Liens Act that have not yet come into force are repealed.

Partnerships Act

The Partnerships Act prohibits a limited liability partnership that was formed or continued by an agreement governed by the Act from carrying on business under a name other than the firm name it registered under the Business Names Act. The Partnerships Act is amended to allow such a partnership to have a firm name that is in an English form only, a French form only, a French and English combined form, or a French form and an English form where the French and English forms are equivalent but are used separately. This gives limited liability partnerships more flexibility with respect to their firm names and is consistent with the rules for corporate names.

Personal Property Security Act

The Personal Property Security Act currently provides that a document sent by registered mail is deemed to have been given when the addressee actually receives the document or 10 days after the day of registration, whichever is earlier. A purchase-money security interest in inventory or its proceeds is excepted from this rule. The Act is amended to remove the exception. A purchase-money security interest is a security interest in collateral taken by a seller to secure payment of all or part of its price, or taken by a person who gives value for the purpose of enabling the debtor to acquire rights in or to collateral.

The Act currently provides that if, as a result of an inability to operate the personal property security registration system's computer, a security interest cannot be perfected by registration or a registration cannot be discharged within a time period specified in the Act, the Lieutenant Governor in Council may make regulations extending particular time periods in specified situations or deeming particular unperfected security interests to be continuously perfected in specified situations. The Act is amended to transfer this regulation-making power to the Minister because that would allow speedier action in resolving registration issues resulting from the unavailability of the registration system in cases such as labour disruptions or electricity blackouts.

Real Estate and Business Brokers Act, 2002

The French version of several provisions of the Real Estate and Business Brokers Act, 2002 is amended to distinguish the term "client" from the term "customer".

Repair and Storage Liens Act

Provisions of the Repair and Storage Liens Act dealing with when a repairer's lien arises and when a storer's lien arises, and with the amount of such liens, are amended to reflect the requirements of the Consumer Protection Act, 2002.

Safety and Consumer Statutes Administration Act, 1996

A provision is added to the Safety and Consumer Statutes Administration Act, 1996 to provide protection from personal liability for various persons in respect of acts or omissions in the performance in good faith of their duties or powers under designated legislation or a Minister's order made under designated legislation. Designated legislation is legislation whose administration has been delegated to a designated administrative authority under the Act. The liability, if any, of the designated administrative authority in respect of the acts or omissions of the protected persons is retained.

A designated administrative authority to which the administration of designated legislation is delegated is allowed to set and govern payments that persons are required to make to any fund or account established or continued under the designated legislation delegated to the authority.

Vital Statistics Act

The Vital Statistics Act is amended to change references to the Ministry of Health and Minister of Health to be references to the Ministry of Health and Long-Term Care and Minister of Health and Long-Term Care, respectively.

SCHEDULE H
MINISTRY OF CULTURE

Royal Ontario Museum Act

Subsection 2 (2) of the Royal Ontario Museum Act is amended in order to change the Museum's fiscal year beginning in 2006 so that it begins on April 1 of each year and ends on March 31 of the following year. Currently, the Museum's fiscal year runs from July 1 of each year and ends on June 30 of the following year.

Tartan Act, 2000

The Schedule to the Tartan Act, 2000 is amended to correct the description of the first block of colour in the tartan of the Province of Ontario.

SCHEDULE I
MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE

General

All references to the Minister and Ministry of Industry, Trade and Technology in the Statutes of Ontario are changed to the Minister or Ministry of Economic Development and Trade respectively to reflect the transfer of responsibilities from the former Minister to the latter Minister in August 1999.

IDEA Corporation Act, 1981

The Schedule repeals the IDEA Corporation Act, 1981, whose affairs were terminated by regulation in 1986, and revokes that regulation.

Ministry of Industry, Trade and Technology Act

The Schedule amends the Ministry of Industry, Trade and Technology Act (now the Ministry of Economic Development and Trade Act) to allow the Lieutenant Governor in Council or the Minister under that Act to appoint advisory committees to the Minister.

SCHEDULE J
DISSOLUTION OF INACTIVE CORPORATIONS ACT, 2006

The Act dissolves five inactive corporations that were incorporated under the Business Corporations Act: IDEA Information Technology Fund Inc., IDEA Innovation Fund Inc., IDEA Research Investment Fund Inc., Ontario Investment Service Inc. and Ontario VL Corporation Ltd.

SCHEDULE K
MINISTRY OF THE ENVIRONMENT

Environmental Protection Act and Ontario Water Resources Act

If a risk assessment is accepted under section 168.5 of the Environmental Protection Act, subsection 168.6 (1) of the Act permits a certificate of property use to be issued only at the time notice of the acceptance is given. Subsection 168.6 (1) is amended to remove this restriction. In addition, paragraph 1 of subsection 168.6 (1) is amended to provide that, when a certificate of property use imposes a requirement to take specified action on a property owner, the requirement can only require action on the owner's property, although the adverse effect to which the action is directed need not be on that property.

Under section 168.13 of the Act, a municipality that becomes the owner of property by virtue of the registration of a notice of vesting under Part XI of the Municipal Act, 2001 (sale of land for tax arrears) is given protection from certain orders made under the Environmental Protection Act in respect of a period that runs for five years after the municipality becomes the owner.

Section 168.18 of the Act is a similar provision that applies to a secured creditor who becomes the owner of property by virtue of a foreclosure. These provisions, and similar provisions in the Ontario Water Resources Act, are amended to ensure that the protection from orders does not apply in respect of anything done after the municipality or secured creditor ceases to own the property.

Ontario Water Resources Act

Section 30 of the Ontario Water Resources Act is amended to require notice of discharges that impair the quality of water to be given to the Ministry of the Environment, not the Minister.

General

Other amendments update references to statute names, correct section references, ensure consistency of terminology, and ensure consistency between the English and French versions of provisions.

SCHEDULE L
MINISTRY OF HEALTH AND LONG-TERM CARE

Drug Interchangeability and Dispensing Fee Act

The Drug Interchangeability and Dispensing Fee Act is amended to add a definition of "Minister".

Health Care Consent Act, 1996

The Health Care Consent Act, 1996 is amended to clarify that the jurisdiction of the Consent and Capacity Board does not include the consideration of constitutional questions.

Health Insurance Act

The Health Insurance Act is amended to clarify terminology in certain provisions and to update certain cross-references.

Health Protection and Promotion Act

The Health Protection and Promotion Act is amended to include a reference to the Personal Health Information Protection Act, 2004, to clarify that a medical officer of health may disclose personal information to another medical officer of health where conditions for disclosure, including that the disclosure is authorized by the Personal Health Information Protection Act, 2004, are met.

Laboratory and Specimen Collection Centre Licensing Act

The Laboratory and Specimen Collection Centre Licensing Act is amended to modernize the definition of "laboratory", to update the provisions with respect to the quality management program for laboratories and to remove sections of the Act which are no longer in use.

Quality of Care Information Protection Act, 2004

The Quality of Care Information Protection Act, 2004 is amended to clarify the intent of several provisions.

General

Various Acts are amended to update or correct cross-references, and to update the terminology for Ministers and for the current name of the Ministry of Health and Long-Term Care, and to update references to the Health Care Accessibility Act to the Commitment to the Future of Medicare Act, 2004.

SCHEDULE M
MINISTRY OF LABOUR

Employment Standards Act, 2000

The Employment Standards Act, 2000 is amended by adding new section 88.1 to permit the Director to transfer an investigation of a complaint or an inspection of an employer from an employment standards officer to another employment standards officer.

Section 91 of the Act authorizes an employment standards officer to carry out inspections to ensure compliance with the Act. Clause 91 (6) (a) of the Act is amended to give the employment standards officer the authority to decide which records may be relevant to the inspection for the purposes of determining which records to examine during an inspection.

The amendment to section 118 of the Act corrects a cross-reference to provide that an order in council to bring into effect Ontario Labour Relations Board rules of practice only applies to rules for expedited decisions on jurisdiction.

Fire Protection and Prevention Act, 1997

The enactment of subsection 49 (5) of the Fire Protection and Prevention Act, 1997 makes the non-disclosure and non-compellability provisions of the Labour Relations Act, 1995 relating to conciliators applicable to conciliators appointed under the Fire Protection and Prevention Act, 1997.

Labour Relations Act, 1995

Section 119 of the Labour Relations Act, 1995 provides for the non-disclosure of information provided to a conciliation officer and the conciliator's report except to certain persons listed in the section. The amendments to section 119 of the Act remove references to the chief conciliation officer who no longer exists and replace them with references to the Director of Labour Management Services who currently performs the functions. The amendments also add Assistant Deputy Ministers of Labour to the list of persons to whom information or the conciliator's report may be disclosed.

The enactment of section 124.1 of the Act and the repeal of clause 125 (g) of the Act transfer to the Minister of Labour the authority to fix the remuneration and expenses of persons who are not Crown employees and who serve on conciliation boards, as mediators or special officers or on a Disputes Advisory Committee.

Ministry of Labour Act

The enactment of section 4.1 of the Ministry of Labour Act protects ministry employees from liability for any action carried out in good faith in the course of their duties.

Occupational Health and Safety Act

The enactment of section 68.1 of the Occupational Health and Safety Act allows a Director under the Act to publish or otherwise publicly disclose the name of a person convicted of an offence under the Act, a description of the offence, the date of the conviction and the person's sentence.

Pay Equity Act

Amendments to the Schedule to the Pay Equity Act update references to the Ministry of Health and Long-Term Care.

Workplace Safety and Insurance Act, 1997

The amendments to the Workplace Safety and Insurance Act, 1997 change the French name of the Office of the Employer Advisor from "Bureau des conseillers du patronat" to "Bureau des conseillers des employeurs".

SCHEDULE N
MINISTRY OF GOVERNMENT SERVICES (FORMER MANAGEMENT BOARD SECRETARIAT AND THE CENTRE FOR LEADERSHIP AND HUMAN RESOURCE MANAGEMENT)

Freedom of Information and Protection of Privacy Act and Municipal Freedom of Information and Protection of Privacy Act

Both the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act are amended to provide that a disclosure of personal information about a deceased individual to his or her spouse or a close relative pursuant to an access request does not constitute an unjustified invasion of personal privacy if the head is satisfied that, in the circumstances, the disclosure is desirable for compassionate reasons. Both Acts are also amended by adding definitions of "spouse" and "close relative". For consistency, references to "next of kin" in both Acts are changed to refer to the spouse or a close relative.

The Acts are also amended to clarify what information must be included in a head's annual report in the case of access requests under the Personal Health Information Protection Act, 2004 made to the institution or to a health information custodian that is acting as part of the institution.

Ministry of Government Services Act

The Ministry of Government Services Act is amended to expand the Ministry's mandate so that in addition to acquiring, managing and providing common services for the Government, the Ministry may acquire, manage and provide particular common services for one or more Government related agencies or related governments if doing so furthers the interests of the Government and if the Ministry and the Government related agency or related government enter into an agreement with respect to those services. Definitions of "common services" and "related government" are added and the definition of "Government related agency" is changed.

Public Service Act

The Public Service Act is amended to remove the requirement that the Civil Service Commission establish a list of eligibles when recruiting qualified persons for the civil service. The Act is also amended to remove the requirement that the deputy minister choose from the lists of eligibles when nominating a person to fill a vacancy in the classified service.

The Act is amended to provide for the Commission, rather than the Lieutenant Governor in Council on the recommendation of the Commission, to appoint persons on the probationary staff of the classified service to the regular staff. The Commission may make these appointments effective as of a date before the date on which the amendment comes into force. The Act is amended to retain the Commission's power, but remove the Lieutenant Governor in Council's power, to appoint persons in the term classified service to another part of the classified service. The Act is amended to provide for the Commission, rather than the Lieutenant Governor in Council on the recommendation of the Commission, to reappoint civil servants who retire at the age of 65 years for a period not exceeding one year at a time until the end of the month in which they attain the age of 70 years. The Commission may make these reappointments effective as of a date before the date on which the amendment comes into force.

In addition to the Commission's authority to delegate to a deputy minister the Commission's powers to appoint persons nominated by the deputy minister to positions on the probationary staff, to appoint persons nominated by the deputy minister to the term classified service, and to appoint persons in the term classified service to another part of the classified service, the Commission is given the authority to delegate to a deputy minister the Commission's new power to appoint persons on the probationary staff of the classified service to the regular staff. However, deputy ministers are not authorized to subdelegate the appointment powers that the Commission delegates to them.

The Act is amended to add deputy ministers to the lists of those who may appoint civil servants, public servants and Crown employees.

The Act is amended to clarify that if a deputy minister is absent or if there is a vacancy in the office, a public servant designated by the minister of the deputy may perform the duties and exercise the powers of the deputy, not only as set out in the Public Service Act but also as set out in any other Act or as otherwise assigned to the deputy.

Treasury Board Act, 1991

The Treasury Board Act, 1991 is amended to remove the qualifiers "financial and administrative" in the provision empowering the Board to issue directives, so that the Board may issue any directives it considers necessary in the performance of its duties.

SCHEDULE O
MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING

Building Code Act, 1992

Amendments to clause 7 (e) and subsection 13 (6) are made to reflect the role of registered code agencies that may be appointed. The other amendments are technical in nature.

Building Code Statute Law Amendment Act, 2002

An amendment to the Building Code Act, 1992 that has never been proclaimed is repealed.

Municipal Act, 2001

Section 110 is amended to clarify that municipalities may provide for exemptions from development charges without also providing for exemptions from property taxes.

The time limitation in clause 356 (1) (b) is removed.

Municipal Tax Assistance Act

The amendment to section 4 of the Municipal Tax Assistance Act would allow the Minister to designate provincial properties as properties in respect of which subsection 4 (3) does not apply.

Social Housing Reform Act, 2000

The amendments to section 64 and subsection 172 (2) of the Social Housing Reform Act, 2000 provide that waiting lists for units modified to be accessible to a person with physical disabilities may be managed differently than waiting lists for units with provincially funded services, if permitted by the regulations.

Subsections 103 (3) and (4) of the Act are amended to clarify that the amounts determined under those provisions may be negative amounts for the purposes of determining the amount of a subsidy payable to a housing provider.

Technical corrections are made to sections 17, 20, 96, 117 and 158 of the Act.

SCHEDULE P
MINISTRY OF NATURAL RESOURCES

Aggregate Resources Act

Licensees and permittees must inform the Aggregate Resources Trust of the amount of material they have removed from a site.

Subsection 62 (1) of the Act specifies that documents relating to quantities of aggregate removed and to inventories of material on site are to be kept.

A new section 63 gives an inspector the power to issue an order directing compliance with a provision of the Act or the regulations that is being contravened and, where a pit or quarry is being operated without a licence, an order may be made requiring that operations cease. Section 63.1 provides for an appeal from an order of an inspector under section 63 but the order appealed from remains in effect until the decision on the appeal is made.

Lakes and Rivers Improvement Act

The main amendments are as follows:

1. A holder of an approval from the Minister under Part 1 of the Act must comply with the conditions of the approval.

2. An inspector may inspect data during the course of an inspection.

3. Offences are created for failing to construct, alter, improve or repair a dam in conformity with approved plans and specifications and for failing to obey the conditions of an approval.

Niagara Escarpment Planning and Development Act

The amendments to the Niagara Escarpment Planning and Development Act relate to provisions dealing with the communication of a notice of decision on an application for a development permit and the service of certain notices and orders.

Oil, Gas and Salt Resources Act

In addition to providing new definitions for the terms "correlative rights", "facility", "well", "pipeline" and "inspector", the main amendments relate to the following:

1. Clarification of the powers and duties of the Mining and Lands Commissioner.

2. Providing inspectors with additional inspection powers and the power to make an order for the plugging of a well or the decommissioning of a facility.

3. Providing for the Minister's consent to the transfer of a well licence or a permit issued under the Act.

4. Prohibiting the construction of buildings or structures within 75 metres of a well or facility that has not been decommissioned.

Public Lands Act

The amendments to the Public Lands Act are of a housekeeping nature.

SCHEDULE Q
MINISTRY OF NORTHERN DEVELOPMENT AND MINES

Northern Services Boards Act

The Schedule also makes amendments to the Northern Services Boards Act to correct a reference in Form 2 of that Act.

Ontario Northland Transportation Commission Act

The Schedule changes the Commission's fiscal year.

SCHEDULE R
MINISTRY OF TOURISM

The Schedule repeals the City of Toronto XXIX Summer Olympic Games Bid Endorsement Act, 1998.

SCHEDULE S
MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES

Ministry of Training, Colleges and Universities Act

The Schedule amends the Ministry of Training, Colleges and Universities Act to clarify the authority of the Minister to make awards and grants, in addition to the authority to make student loans, and to expand the regulation-making authority in relation to such awards, grants and student loans.

Ontario Colleges of Applied Arts and Technology Act, 2002

The Schedule amends the Ontario Colleges of Applied Arts and Technology Act, 2002 to provide that each college established under that Act is a non-share corporation. The Act currently provides that the board of governors of the college is a corporation, not the college itself.

University of Ontario Institute of Technology Act, 2002

The Schedule makes a minor amendment to the University of Ontario Institute of Technology Act, 2002.

SCHEDULE T
MINISTRY OF TRANSPORTATION

Bridges Act

Section 2 of the Bridges Act is amended to clarify that the approval of the Minister of Transportation under that Act is not required for work on a bridge, culvert or causeway that has been approved under the Public Lands Act or the Lakes and Rivers Improvement Act.

Highway 407 Act, 1998 and Highway 407 East Completion Act, 2001

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.

Highway Traffic Act

Housekeeping amendments are made to the Highway Traffic Act as follows: changing obsolete references to the Fire Departments Act to the Fire Protection and Prevention Act, 1997; changing obsolete references to the Solicitor General and Minister of Correctional Services to the Minister of Community Safety and Correctional Services; repealing clause 70 (1) (i) that refers back to a now repealed subsection; using consistent terminology respecting traffic control signals in section 144.

Local Roads Boards Act

An obsolete reference to prepaid first class mail is changed to mail.

Ministry of Transportation Act

A provision is added to the Ministry of Transportation Act to protect individuals from personal liability if they act in good faith in the exercise of their duties.

Public Transportation and Highway Improvement Act

An obsolete reference to the Treasurer of Ontario is changed to the Minister of Finance.

Financial assistance for transit to municipalities and band councils is provided through sections 116 and 118 of the Act. The alternative funding provisions in sections 91, 92, 93 and 93.1 of the Act are repealed.

Shortline Railways Act, 1995

The definitions of "shortline railway" and "shortline railway company" and the application section of the Shortline Railways Act, 1995 are amended.

A new section 4.1 is added to regulate the construction and alteration of shortline railways.

Housekeeping amendments are made to ensure consistent use of terminology in the Act.

[38] Bill 190 As Amended by Standing Committee (PDF)

Bill 190 2006

An Act to promote
good government by amending
or repealing certain Acts
and by enacting one new Act

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

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

Contents of Act

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

Commencement

2.  (1)  Subject to subsection (2), 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 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 Good Government Act, 2006.

SCHEDULE A
MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS

Agricultural Tile Drainage
Installation Act

1.  (1)  The French version of the following provisions of the Agricultural Tile Drainage Installation Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 8 (1).

2. Subsection 9 (1).

3. Subsection 9 (2).

4. Subsection 9 (3).

5. Subsection 9 (5).

6. Subsection 10 (1).

7. Subsection 10 (3).

8. Subsection 10 (4).

(2)  The French version of subsections 8 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis doit être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 9 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(4)  The French version of subsection 10 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Animals for Research Act

2.  (1)  The French version of the following provisions of the Animals for Research Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 9 (1).

2. Subsection 10 (2).

3. Subsection 10 (3).

4. Subsection 10 (5).

5. Subsection 11 (1).

6. Subsection 11 (3).

7. Subsection 11 (4).

8. Clause 23 (c).

(2)  The French version of subsections 9 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du paragraphe (1), le Tribunal tient une nouvelle audience afin de décider si le permis ou l'enregistrement devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 10 (1) of the Act is repealed and the following substituted:

Parties

(1)  Sont parties à l'instance devant le Tribunal, le directeur, l'appelant et les autres personnes que celui-ci peut désigner.

(4)  The French version of subsection 10 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(5)  The French version of subsection 11 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Beef Cattle Marketing Act

3.  (1)  The French version of the following provisions of the Beef Cattle Marketing Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 13 (1).

2. Subsection 14 (2).

3. Subsection 14 (3).

4. Subsection 14 (4).

5. Section 15.

6. Subsection 16 (1).

7. Subsection 16 (3).

8. Subsection 16 (4).

(2)  The French version of subsections 13 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du paragraphe (1), le Tribunal tient une nouvelle audience afin de décider si l'usine devrait être inscrite sur la liste ou radiée de celle-ci. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 14 (1) of the Act is repealed and the following substituted:

Parties

(1)  Sont parties à l'instance devant le Tribunal, le directeur, l'appelant et les autres personnes que celui-ci peut désigner.

(4)  The French version of subsection 16 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Commodity Board Members Act

4.  (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, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. ("Tribunal")

(2)  The French version of the following provisions of the Act is amended by striking out "Commission d'appel" wherever that expression appears 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).

Dead Animal Disposal Act

6.  (1)  The French version of the following provisions of the Dead Animal Disposal Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 10 (1).

2. Subsection 11 (2).

3. Subsection 11 (3).

4. Subsection 11 (5).

5. Subsection 12 (1).

6. Subsection 12 (3).

7. Subsection 12 (5).

(2)  The French version of subsections 10 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 11 (1) of the Act is repealed and the following substituted:

Parties

(1)  Sont parties à l'instance devant le Tribunal, le directeur, l'appelant et les autres personnes que celui-ci peut désigner.

(4)  The French version of subsection 11 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(5)  The French version of subsection 12 (4) of the Act is repealed and the following substituted:

Pouvoirs de la Cour

(4)  L'appel interjeté en vertu du présent article peut porter sur toute question qui n'est pas seulement une question de fait. La Cour peut confirmer ou modifier la décision du Tribunal, ordonner au directeur de prendre une mesure qu'il est autorisé à prendre par la présente loi, ou renvoyer l'affaire au Tribunal pour réexamen selon ce que la Cour juge opportun. La Cour peut substituer son opinion à celle du directeur ou du Tribunal.

(6)  The amendments to the Act, set out in subsections (1) to (5), do not apply if section 56 of the Food Safety and Quality Act, 2001 has come into force.

Drainage Act

7.  (1)  The French version of the following provisions of the Drainage Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 3 (16).

2. Subsection 5 (2) in the portion after clause (b).

3. Subsection 8 (3).

4. Subsection 10 (7).

5. Subsection 10 (8).

6. Subsection 10 (9).

7. Subsection 45 (2).

8. Subsection 48 (1) in the portion after clause (d).

9. Subsection 48 (2).

10. Section 49.

11. Subsection 50 (1).

12. Subsection 54 (1).

13. Subsection 54 (2).

14. Section 55.

15. Section 56.

16. Subsection 58 (4).

17. Subsection 58 (5).

18. Subsection 62 (2).

19. Section 64.

20. Subsection 65 (4).

21. Subsection 65 (5).

22. Subsection 66 (2).

23. Subsection 72 (2).

24. Subsection 76 (1).

25. Subsection 76 (3).

26. The heading immediately before section 98.

27. Subsection 98 (4) in the portion before clause (a).

28. Subsection 98 (6).

29. Subsection 98 (8).

30. Subsection 98 (9).

31. Subsection 98 (11).

32. Section 99.

33. Section 101.

34. Subsection 106 (2).

35. Section 119.

(2)  The French version of subsection 6 (3) of the Act is repealed and the following substituted:

Appel

(3)  La partie qui fait la demande d'une évaluation des répercussions sur l'environnement ou le conseil de la municipalité initiatrice, selon le cas, peut, dans les 40 jours à compter de la date de réception du compte rendu sur cette question, interjeter appel auprès du Tribunal. Celui-ci peut confirmer ou modifier le compte rendu, selon ce qu'il estime approprié.

(3)  The French version of subsection 10 (6) of the Act is repealed and the following substituted:

Appel devant le Tribunal

(6)  Si le conseil de la municipalité initiatrice fait défaut d'ordonner à l'ingénieur de procéder à la préparation d'un rapport, un pétitionnaire peut interjeter appel devant le Tribunal. Toutefois, dans le cas de biens-fonds utilisés à des fins agricoles qui sont situés dans la zone sujette au drainage, le ministre peut renvoyer la question devant le Tribunal et celui-ci peut ordonner au conseil de prendre les mesures que ce dernier est autorisé à prendre en vertu de la présente loi et que le Tribunal estime appropriées.

(4)  The French version of section 51 of the Act is repealed and the following substituted:

Pouvoirs du Tribunal

51.  (1)  Le Tribunal entend et tranche toute question interjetée en appel ou qui fait l'objet d'un renvoi devant lui en vertu de la présente loi. À défaut de dispositions à ce sujet, il peut rendre les ordonnances et ordonner de prendre les mesures qu'il est autorisé à rendre ou à ordonner en vertu de la présente loi ou celles qu'il juge appropriées aux fins de l'application de la présente loi.

Parties

(2)  Les parties à un appel ou à un renvoi dont est saisi le Tribunal en vertu de la présente loi sont celles qui interjettent l'appel ou demandent le renvoi et toutes les autres personnes que le Tribunal peut spécifier.

(5)  The French version of section 53 of the Act is repealed and the following substituted:

Ajournement de l'audience de l'appel

53.  Lorsque le motif d'appel porte sur le fait que l'évaluation des biens-fonds ou des chemins est d'un montant excessif et que la preuve présentée permet au tribunal de révision ou au Tribunal d'être convaincu que les montants de l'évaluation de ces biens-fonds ou de ces chemins devraient être réduits, et qu'aucune preuve n'indique que le montant d'une telle réduction devrait être perçu à l'égard des biens-fonds ou des chemins dont les propriétaires sont parties à des appels en instance devant le tribunal de révision ou le Tribunal, le tribunal de révision ou le Tribunal ajourne l'audience de l'appel pour une durée suffisante afin de permettre au secrétaire d'aviser par courrier affranchi de la date jusqu'à laquelle elle est ajournée, les personnes que l'appelant peut spécifier et qui selon le rôle d'évaluation révisé le plus récent sont censées être les propriétaires des biens-fonds concernés par l'appel. Le secrétaire avise de l'ajournement de l'appel toutes les personnes intéressées. Lors de la tenue de l'audience de l'appel ainsi ajournée, le tribunal de révision ou le Tribunal tranche la question en appel. En outre, si le tribunal de révision ou le Tribunal le juge opportun, il répartit de nouveau les évaluations de la façon qui lui paraît juste.

(6)  The French version of subsection 54 (3) of the Act is repealed and the following substituted:

Procédure

(3)  Le Tribunal, au moyen d'une nouvelle audience, connaît de chaque appel et le tranche de la façon qu'il juge appropriée. La décision du Tribunal est définitive.

(7)  The French version of subsection 72 (1) of the Act is repealed and the following substituted:

Examen par le Tribunal

(1)  Le conseil de la municipalité locale, dans un délai de 40 jours à compter de la date de présentation de la note d'honoraires de l'ingénieur au secrétaire de la municipalité, peut, après en avoir donné avis à l'ingénieur, adresser par voie de requête une demande au Tribunal afin que celui-ci examine la note d'honoraires et y apporte les corrections qu'il estime justes.

(8)  The French version of subsection 75 (1) of the Act is amended by striking out the portion after clause (b) and substituting the following:

Le conseil d'une municipalité à qui cette copie est signifiée peut, dans les 40 jours suivants, interjeter appel de ce règlement municipal devant le Tribunal en invoquant pour motif que les travaux qui y sont prévus ne sont pas nécessaires ou que les installations de drainage n'ont jamais été achevées en raison du défaut ou de la négligence à cet effet de la municipalité dont l'obligation était de les faire exécuter.

(9)  The French version of clause 98 (4) (a) of the Act is repealed and the following substituted:

a) tenir des séances à l'endroit où il l'entend en Ontario et à plus d'un endroit simultanément;

(10)  The French version of subsection 98 (7) of the Act is repealed and the following substituted:

Sténographes judiciaires

(7)  Le Tribunal peut retenir les services de sténographes judiciaires en vue d'établir les procès-verbaux de ses audiences. Il peut fixer leurs honoraires et ceux-ci sont inclus dans les dépens afférents à l'audience. Ces dépens sont imputés et versés selon les directives que peut donner le Tribunal.

(11)  The French version of subsection 98 (10) of the Act is amended by striking out "saisie la Commission" and substituting "saisi le Tribunal" and by striking out "que la Commission" and substituting "que le Tribunal".

(12)  The French version of section 100 of the Act is amended by striking out "La Commission, lorsqu'elle" at the beginning and substituting "Le Tribunal, lorsqu'il".

Farm Products Marketing Act

9.  (1)  Clause 5 (1) (b) of the Farm Products Marketing Act is repealed.

(2)  Clause 8 (1) (b) of the Act is repealed.

(3)  The definitions of "chicks-for-placement", "fowl" and "local board" in subsection 21 (1) of the Act are repealed and the following substituted:

"chicks-for-placement" means female chickens 19 weeks of age or less or any class of them; ("poussins pour la mise en place")

"fowl" means a domestic hen more than 19 weeks of age; ("poule adulte")

"local board" means the Egg Farmers of Ontario; ("commission locale")

Farm Registration and Farm Organizations Funding Act, 1993

10.  (1)  The French version of the following provisions of the Farm Registration and Farm Organizations Funding Act, 1993 is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 4 (1).

2. Subsection 4 (2).

3. Subsection 4 (3).

4. Subsection 4 (4).

5. Subsection 8 (1).

6. Subsection 8 (2).

7. Subsection 9 (1).

8. Subsection 10 (3).

9. Subsection 11 (1).

10. Subsection 11 (3).

11. Subsection 11 (4).

12. Subsection 14 (1).

13. Subsection 14 (2).

14. Subsection 15 (1).

15. Subsection 16 (3).

16. Subsection 17 (1).

17. Subsection 17 (2).

18. Subsection 17 (3).

19. Subsection 17 (4).

20. Subsection 18 (1).

21. Subsection 19 (1).

22. Subsection 19 (2).

23. Subsection 22 (1).

24. Subsection 22 (2).

25. Subsection 22 (3).

26. Subsection 22 (4).

27. Subsection 22 (5).

28. Section 30.

29. Section 32.

(2)  The French version of subsection 5 (1) of the Act is repealed and the following substituted:

Audience relative à la requête

(1)  Le Tribunal tient une audience avant de décider s'il doit agréer un organisme ou renouveler son agrément.

(3)  The French version of subsection 6 (1) of the Act is repealed and the following substituted:

Ordonnance relative à la requête

(1)  S'il décide que l'organisme satisfait aux critères prescrits pour les organismes agricoles agréés, le Tribunal accorde l'agrément à l'organisme par ordonnance. S'il décide que l'organisme ne satisfait pas à ces critères, il lui refuse l'agrément.

(4)  The French version of subsections 10 (1) and (2) of the Act is repealed and the following substituted:

Ordonnance relative à la révision

(1)  S'il décide que l'organisme agricole agréé ne satisfait plus aux critères prescrits pour un organisme agricole agréé, le Tribunal peut, par ordonnance :

a) soit révoquer l'agrément de l'organisme;

b) soit exiger que l'organisme satisfasse, dans un délai précis, aux conditions qu'il précise pour conserver son agrément.

Suspension de l'agrément

(2)  Si le Tribunal exige d'un organisme qu'il satisfasse à des conditions précises, il peut suspendre son agrément. Le paragraphe 21 (3) ne s'applique pas jusqu'à ce que ces conditions soient satisfaites.

(5)  The French version of subsection 11 (2) of the Act is repealed and the following substituted:

Avis donné au ministère

(2)  Le Tribunal avise le ministère de chaque requête qu'il reçoit en vertu du présent article.

(6)  The French version of subsections 16 (1) and (2) of the Act is repealed and the following substituted:

Ordonnance relative à la révision

(1)  S'il décide que l'organisme francophone admissible ne satisfait pas aux conditions requises pour recevoir une aide financière spéciale, le Tribunal peut, par ordonnance :

a) soit annuler l'admissibilité de l'organisme;

b) soit exiger que l'organisme satisfasse, dans un délai précis, aux conditions qu'il précise pour conserver son admissibilité.

Suspension de l'admissibilité

(2)  Si le Tribunal exige de l'organisme qu'il satisfasse à des conditions précises, il peut suspendre son admissibilité jusqu'à ce que ces conditions soient satisfaites.

(7)  The French version of subsection 22 (6) of the Act is repealed and the following substituted:

Ordonnance du Tribunal

(6)  S'il est convaincu qu'un particulier visé au paragraphe (1), (2) ou (3) s'oppose à la remise d'un paiement à un organisme agricole ou au dépôt d'une formule d'inscription d'entreprise agricole en raison de ses convictions ou croyances religieuses sincères, le Tribunal rend une ordonnance le dispensant du paiement ou du dépôt.

(8)  The French version of sections 26 and 27 of the Act is repealed and the following substituted:

Collecte de renseignements

26.  Le Tribunal ou un de ses employés à qui il le demande peut rassembler les renseignements ou examiner les documents qu'il estime nécessaires et interroger toute personne en ce qui concerne une question dont le Tribunal est saisi.

Observations acceptées

27.  (1)  À ses audiences, le Tribunal peut accepter des observations des personnes qui n'auraient normalement pas le droit de présenter des observations aux termes de la présente loi, s'il donne aux parties la possibilité de répondre à ces observations.

Preuve supplémentaire

(2) À ses audiences, le  Tribunal peut examiner les renseignements pertinents qu'il a obtenus en plus de la preuve qui y est présentée, s'il informe d'abord les parties des renseignements supplémentaires et leur donne l'occasion d'y répondre.

(9)  The French version of section 29 of the Act is repealed and the following substituted:

Réexamen des ordonnances

29.  Le Tribunal peut réexaminer une ordonnance qu'il a rendue et la confirmer ou la remplacer.

(10)  The French version of section 31 of the Act is amended by striking out "La Commission donne un avis écrit de l'ordonnance qu'elle rend" at the beginning and substituting "Le Tribunal donne un avis écrit de l'ordonnance qu'il rend".

Grains Act

11.  (1)  The French version of the following provisions of the Grains Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 13 (1).

2. Subsection 14 (1).

3. Subsection 14 (2).

4. Subsection 14 (3).

5. Subsection 14 (5).

6. Subsection 15 (1).

7. Subsection 15 (3).

8. Subsection 15 (4).

(2)  The French version of subsections 13 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision de l'inspecteur en chef ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle de l'inspecteur en chef.

(3)  The French version of subsection 14 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(4)  The French version of subsection 15 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Livestock and Livestock Products Act

12.  (1)  The French version of the following provisions of the Livestock and Livestock Products Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 8 (1).

2. Subsection 9 (2).

3. Subsection 9 (3).

4. Subsection 9 (5).

5. Subsection 10 (1).

6. Subsection 10 (3).

7. Subsection 10 (4).

(2)  The French version of subsections 8 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 9 (1) of the Act is repealed and the following substituted:

Parties

(1)  Sont parties à l'instance devant le Tribunal, le directeur, l'appelant et les autres personnes que celui-ci peut désigner.

(4)  The French version of subsection 9 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(5)  The French version of subsection 10 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Livestock Community Sales Act

13.  (1)  The French version of the following provisions of the Livestock Community Sales Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 8 (1).

2. Subsection 9 (1).

3. Subsection 9 (2).

4. Subsection 9 (3).

5. Subsection 9 (5).

6. Subsection 10 (1).

7. Subsection 10 (3).

(2)  The French version of subsections 8 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 9 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(4)  The French version of subsections 10 (4) and (5) of the Act is repealed and the following substituted:

Pouvoir de la Cour

(4)  L'appel interjeté aux termes du présent article peut porter sur toute question qui n'est pas seulement une question de fait. La Cour peut confirmer ou modifier la décision du Tribunal, ordonner au directeur de prendre une mesure qu'il est habilité à prendre en vertu de la présente loi ou, si cela semble opportun à la Cour, renvoyer la question au Tribunal afin qu'il reconsidère sa décision. La Cour peut substituer son opinion à celle du directeur ou du Tribunal.

Effet de la décision du Tribunal

(5)  Malgré l'appel de la décision du Tribunal, interjeté aux termes du présent article par l'auteur de la demande ou le titulaire du permis, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Livestock Medicines Act

(10)  The French version of the following provisions of the Livestock Medicines Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 9 (1).

2. Subsection 10 (1).

3. Subsection 10 (2).

4. Subsection 10 (3).

5. Subsection 10 (5).

6. Subsection 11 (1).

7. Subsection 11 (3).

8. Subsection 11 (4).

(11)  The French version of subsections 9 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(12)  The French version of subsection 10 (4) of the Act is repealed and the following substituted:

Preuve

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(13)  The French version of subsection 11 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Livestock, Poultry and Honey Bee Protection Act

15.  (1)  The French version of the following provisions of the Livestock, Poultry and Honey Bee Protection Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 13 (1).

2. Subsection 13 (2).

3. Subsection 13 (3).

4. Subsection 13 (4).

5. Subsection 13 (6).

6. Subsection 13 (7).

(2)  The French version of subsection 13 (5) of the Act is repealed and the following substituted:

Conclusions de fait

(5)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

Meat Inspection Act (Ontario)

16.  (1)  The French version of the following provisions of the Meat Inspection Act (Ontario) is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 8 (1).

2. Subsection 9 (2).

3. Subsection 9 (3).

4. Subsection 9 (5).

5. Subsection 10 (1).

6. Subsection 10 (3).

7. Subsection 10 (4).

8. Subsection 10 (5).

(2)  The French version of subsections 8 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Pouvoirs du Tribunal

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis doit être délivré, renouvelé, suspendu ou révoqué.  Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 9 (1) of the Act is repealed and the following substituted:

Parties

(1)  Sont parties à l'instance devant le Tribunal, le directeur, l'appelant et les autres personnes que celui-ci peut désigner.

(4)  The French version of subsection 9 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(5)  The amendments to the Act, set out in subsections (1) to (4), do not apply if section 59 of the Food Safety and Quality Act, 2001 has come into force.

Milk Act

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

"Tribunal" means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs 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 appears and substituting in each case "auprès du Tribunal":

1. Subsection 2.10 (3).

2. Subsection 19.1 (8).

Ministry of Agriculture, Food
and Rural Affairs Act

(3)  Section 1 of the Ministry of Agriculture, Food and Rural Affairs Act is amended by adding the following definition:

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

(7)  Subsection 14.1 (1) of the Act is repealed.

(8)  The French version of the following provisions of the Act is amended by striking out "Commission d'appel" wherever that expression appears 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.

Veterinarians Act

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

(c) is not in default of an annual fee set by the by-laws; and

(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 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 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 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 is repealed.

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

(10)  Subsection 9 (1) of the Act 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 the 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.

(11)  Subsection 9 (1) of the Act is amended by adding the following paragraphs:

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 where they practise 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 of the College 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 of the College 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, constitute a quorum.

(17)  Subsections 28 (1), (2) and (3) of the Act are 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 persons whom the Lieutenant Governor in Council has appointed as members of the Council; and

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

Quorum

(2)  A majority of the members of the Discipline Committee, at least one of whom is a person whom the Lieutenant Governor in Council has appointed as a member of the Council, constitutes a quorum.

Panels

(3)  The chair of the Discipline Committee may appoint panels composed of at least three members of the Committee, at least one of whom is a person whom the Lieutenant Governor in Council has appointed as a member of the Council and at least one of whom is person who is both a member of the College and a member of the Council, to hear,

(a) allegations of a member's professional misconduct or serious neglect for which the Executive Committee or the Complaints Committee has directed the Discipline Committee to hold a hearing under subsection 30 (1); or

(b) an application that the Registrar has referred to the Committee under subsection 37 (5).

Simultaneous panels

(3.1)  The Discipline Committee may sit in two or more panels simultaneously if a quorum is present in each panel.

Quorum of panel

(3.2)  Three members of a panel of the Discipline Committee, at least one of whom is a person whom the Lieutenant Governor in Council has appointed as a member of the Council and at least one of whom is a person who is both a member of the College and a member of the Council, constitute a quorum of the panel.

Votes

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

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

(19)  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.

(20)  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".

(21)  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.

(22)  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;

(23)  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".

(24)  Subsections 43 (1) and (2) of the Act are amended by striking out "or the regulations" wherever that expression appears and substituting in each case "the regulations or the by-laws".

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



 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Repeals of Unconsolidated Provisions

22.  Section 2 of The Agricultural Associations Amendment Act, 1950, being chapter 1, is repealed.

23.  (1)  Subsection 26 (3) of The Agricultural Development Act, being chapter 78 of the Revised Statutes of Ontario, 1937, as set out in subsection 3 (2) of The Agricultural Development Amendment Act, 1949, being chapter 2, is repealed.

(2)  Section 4 of The Agricultural Development Amendment Act, 1949, being chapter 2, is repealed.

(3)  Subsection 1 (2) of The Agricultural Development Repeal Act, 1973, being chapter 32, as set out in section 1 of The Agricultural Development Repeal Amendment Act, 1979, being chapter 35, is repealed.

(4)  The Agricultural Development Repeal Amendment Act, 1979, being chapter 35, is repealed.

24.  Section 2 of The Agricultural Development Finance Amendment Act, 1949, being chapter 3, is repealed.

25.  (1)  Section 3 of The Agricultural Societies Act, being chapter 47 of the Revised Statutes of Ontario, 1914, is repealed.

(2)  Sections 4 and 5 of The Agricultural Societies Amendment Act, 1921, being chapter 30, are repealed.

(3)  Subsection 6 (9) of The Agricultural Societies Act, being chapter 47 of the Revised Statutes of Ontario, 1914, as set out in section 2 of The Agricultural Societies Act, 1924, being chapter 29, is repealed.

26.  Section 3 of the Beef Cattle Marketing Amendment Act, 1987, being chapter 28, is repealed.

27.  The Brucellosis Repeal Act, 1989, being chapter 61, is repealed.

28.  (1)  Clause 5b (1) (b) and subsections 5b (2) and (3) of The Department of Agriculture Act, being chapter 92 of the Revised Statutes of Ontario, 1960, as set out in section 1 of The Department of Agriculture Amendment Act, 1965, being chapter 27, are repealed.

(2)  Clause 5b (1) (c) and subsection 5b (1a) of The Department of Agriculture Act, being chapter 92 of the Revised Statutes of Ontario, 1960, as set out in section 7 of The Department of Agriculture Amendment Act, 1966, being chapter 39, are repealed.

(3)  Sections 8 and 9 of The Department of Agriculture Amendment Act, 1966, being chapter 39, are repealed.

(4)  Subsection 5b (1a) of The Department of Agriculture and Food Act, being chapter 92 of the Revised Statutes of Ontario, 1960, as set out in section 1 of The Department of Agriculture and Food Amendment Act, 1967, being chapter 19, is repealed.

(5)  Section 2 of The Department of Agriculture and Food Amendment Act, 1967, being chapter 19, is repealed.

(6)  Clauses 5b (1) (b), (c) and (d) and subsections 5b (2a) and (2b) of The Department of Agriculture and Food Act, being chapter 92 of the Revised Statutes of Ontario, 1960, as set out in section 1 of The Department of Agriculture and Food Amendment Act, 1968, being chapter 26, are repealed.

(7)  Section 2 of The Department of Agriculture and Food Amendment Act, 1968, being chapter 26, is repealed.

29.  The Farm Loans and Farm Loans Adjustment Repeal Act, 1987, being chapter 3, is repealed.

30.  (1)  Section 10 of The Farm Products Marketing Act, 1946, being chapter 29, is repealed.

(2)  Section 8 of The Farm Products Marketing Amendment Act, 1955, being chapter 21, is repealed.

(3)  Section 6 of The Farm Products Marketing Amendment Act, 1957, being chapter 34, is repealed.

(4)  Section 5 of The Farm Products Marketing Amendment Act, 1958, being chapter 27, is repealed.

(5)  Section 8 of The Farm Products Marketing Amendment Act, 1959, being chapter 35, is repealed.

(6)  Section 3 of The Farm Products Marketing Amendment Act, 1972, being chapter 156, is repealed.

31.  Section 4 of The Farm Products Payments Amendment Act, 1980, being chapter 82, is repealed.

32.   The Fruits and Vegetables Produce-for-Processing Act, 1974 , being chapter 55, is repealed.

33.  (1)  Section 27 of The Milk Act, 1965, being chapter 72, is repealed.

(2)  Section 2 of The Milk Amendment Act, 1968-69, being chapter 67, is repealed.

(3)  Sections 2 and 3 of The Milk Amendment Act, 1972, being chapter 155, are repealed.

(4)  Subsection 12a (4) of The Milk Act, being chapter 273 of the Revised Statutes of Ontario, 1970, as set out in section 4 of The Milk Amendment Act, 1972 (No. 2), being chapter 162, is repealed.

34.  Subsection 12 (2) of The Milk Control Act, 1948, being chapter 55, is repealed.

35.  (1)  Section 6 of The Milk Industry Amendment Act, 1958, being chapter 58, is repealed.

(2)  Section 7 of The Milk Industry Amendment Act, 1959, being chapter 59, is repealed.

36.  (1)  Section 23 of The Ministry of Agriculture and Food Statute Law Amendment and Repeal Act, 1978, being chapter 100, is repealed.

(2)  Sections 9b, 9c and 9d of the Ministry of Agriculture and Food Act, being chapter 270 of the Revised Statutes of Ontario, 1980, as set out in subsection 1 (5) of the Ministry of Agriculture and Food Statute Law Amendment Act, 1988, being chapter 13, are repealed.

37.   The Ontario Creameries Act, 1883 , being chapter 5, is repealed.

38.  Subsection 2 (2) of The Plant Diseases Amendment Act, 1966, being chapter 117, is repealed.

39.  Subsections 5 (2) and (3) of The Provincial Aid to Drainage Amendment Act, 1950, being chapter 58, are repealed.

40.  Section 2 of The Seed Grain Subsidy Repeal Act, 1968, being chapter 124, is repealed.

41.  (1)  Sections 3, 4 and 5 of The Veterinary Science Practice Act, 1933, being chapter 66, are repealed.

(2)  Subsection 21 (2) of The Veterinarians Act, 1958, being chapter 121, is repealed.

(3)  Section 11 of The Veterinarians Act, being chapter 416 of the Revised Statutes of Ontario, 1960, is repealed.

42.  (1)   The Winter Fair Act, 1926 , being chapter 20, is repealed.

(2)   The Winter Fair Act, 1927 , being chapter 26, is repealed.

Revocation of Regulations

43.  Regulation 1 of the Revised Regulations of Ontario, 1990, made under the Abandoned Orchards Act, being chapter A.1 of the Revised Statutes of Ontario, 1990, is revoked.

44.  Ontario Regulation 130/88, made under the Agricultural Societies Act, being chapter 14 of the Revised Statutes of Ontario, 1980, is revoked.

45.  Regulation 28 of the Revised Regulations of Ontario, 1990, made under the Artificial Insemination of Livestock Act, being chapter A.29 of the Revised Statutes of Ontario, 1990, is revoked.

46.  Regulation 179 of the Revised Regulations of Ontario, 1990, made under the Co-operative Loans Act, being chapter C.36 of the Revised Statutes of Ontario, 1990, is revoked.

47.  Regulation 282 of the Revised Regulations of Ontario, 1990, made under the Edible Oil Products Act, being chapter E.1 of the Revised Statutes of Ontario, 1990, is revoked.

48.  The following regulations made under the Farm Income Stabilization Act, being chapter F.5 of the Revised Statutes of Ontario, 1990, are revoked:

1. Regulation 370 of the Revised Regulations of Ontario, 1990.

2. Regulation 371 of the Revised Regulations of Ontario, 1990.

3. Ontario Regulation 508/78.

4. Ontario Regulation 509/78.

5. Ontario Regulation 510/78.

6. Ontario Regulation 292/81.

7. Ontario Regulation 672/82.

8. Ontario Regulation 431/83.

9. Ontario Regulation 509/85.

10. Ontario Regulation 585/86.

49.  Ontario Regulation 506/95, made under the Fur Farms Act, being chapter F.37 of the Revised Statutes of Ontario, 1990, is revoked.

50.  Regulation 643 of the Revised Regulations of Ontario, 1990, made under the Hunter Damage Compensation Act, being chapter H.21 of the Revised Statutes of Ontario, 1990, is revoked.

51.  Ontario Regulation 700/94, made under the Livestock Identification Act, being chapter L.21 of the Revised Statutes of Ontario, 1990, formerly the Livestock Branding Act, is revoked.

52.  Regulation 830 of the Revised Regulations of Ontario, 1990, made under the Non-Resident Agricultural Land Interests Registration Act, being chapter N.4 of the Revised Statutes of Ontario, 1990, is revoked.

53.  Regulation 864 of the Revised Regulations of Ontario, 1990, made under the Oleomargarine Act, being chapter O.5 of the Revised Statutes of Ontario, 1990, is revoked.

54.  Regulation 1014 of the Revised Regulations of Ontario, 1990, made under the Riding Horse Establishments Act, being chapter R.32 of the Revised Statutes of Ontario, 1990, is revoked.

55.  Regulation 1016 of the Revised Regulations of Ontario, 1990, made under the Seed Potatoes Act, being chapter S.6 of the Revised Statutes of Ontario, 1990, is revoked.

56.  Regulation 1024 of the Revised Regulations of Ontario, 1990, made under the Stock Yards Act, being chapter S.25 of the Revised Statutes of Ontario, 1990, is revoked.

Commencement

Commencement

57.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

Same

(2)  Section 3 and subsections 19 (8), (9) and (11) come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE B
MINISTRY OF THE ATTORNEY GENERAL

Architects Act

(4)  Subsection 30 (4) of the Architects Act is amended by striking out "send to the complainant and to the person complained against by prepaid first class mail" and substituting "mail to the complainant and to the person complained against".

Assessment Review Board Act

2.  Section 8.1 of the Assessment Review Board Act is repealed and the following substituted:

Board may set, charge fees

8.1  (1)  The Board, subject to the approval of the Attorney General, may set and charge fees,

(a) in respect of proceedings brought before the Board under,

(i) the Assessment Act, or

(ii) the Municipal Act, 2001;

(b) for furnishing copies of forms, notices or documents filed with or issued by the Board or otherwise in the Board's possession; or

(c) for other services provided by the Board.

Same

(2)  The Board may treat different kinds of complaints, applications and appeals differently in setting fees.

Make fees public

(3)  The Board shall ensure that its fee structure is available to the public.

Waiver or refund of fee

(4)  In appropriate circumstances, the Board may waive or refund all or part of a fee charged under this section.

Change of Name Act

3.  Subsection 8 (2) of the Change of Name Act is amended by striking out "intended" in the portion before clause (a) and substituting "intended, in his or her opinion".

Children's Law Reform Act

4.  Sections 10 and 11 of the Children's Law Reform Act are repealed and the following substituted:

Leave for blood tests and DNA tests

10.  (1)  On the application of a party in a civil proceeding in which the court is called on to determine a child's parentage, the court may give the party leave to obtain blood tests or DNA tests of the persons who are named in the order granting leave and to submit the results in evidence.

Conditions

(2)  The court may impose conditions, as it thinks proper, on an order under subsection (1).

Consent to procedure

(3)  The Health Care Consent Act, 1996 applies to the blood test or DNA test as if it were treatment under that Act.

Inference from refusal

(4)  If a person named in an order under subsection (1) refuses to submit to the blood test or DNA test, the court may draw such inferences as it thinks appropriate.

Exception

(5)  Subsection (4) does not apply if the refusal is the decision of a substitute decision-maker as defined in section 9 of the Health Care Consent Act, 1996.

Crown Witnesses Act

5.  The Crown Witnesses Act is amended by adding the following section:

Agreements relating to confidential name changes

Purpose

6.  (1)  The purpose of an agreement under this section is to facilitate, in circumstances that the Attorney General considers appropriate, with respect to persons who have undergone confidential name changes, and with respect to any other persons who live with or are related to them,

(a) the provision of services and benefits to which they would otherwise be entitled, or the provision of equivalent services and benefits; and

(b) the enforcement of financial obligations to the Crown to which they would otherwise be subject.

Agreements with other authorities in Ontario

(2)  The Attorney General and any of the following may enter into an agreement under this section:

1. Another minister of the Crown.

2. An agency, board or commission of the Government of Ontario.

3. A municipality as defined in the Municipal Affairs Act.

Agreements with other governments in Canada

(3)  The Attorney General may enter into an agreement under this section with the Government of Canada or with the government of any province or territory.

Delegation

(4)  The Attorney General may, in writing, delegate any power conferred on him or her by this section to the Deputy Attorney General or to any other employee of the Ministry, subject to any limitations, restrictions, conditions and requirements that are set out in the delegation.

Same

(5)  An agreement entered into by a person authorized to do so by a delegation made under subsection (4) has the same effect as if entered into by the Attorney General, despite section 6 of the Executive Council Act.

Alternate criteria and mechanisms

(6)  An agreement under this section may provide for,

(a) alternate eligibility criteria and alternate delivery mechanisms that are designed to allow persons described in subsection (1) to receive services and benefits that are as nearly equivalent as possible to those to which they would otherwise be entitled; and

(b) alternate mechanisms that are designed to permit the Attorney General and the other party to the agreement to enforce financial obligations to the Crown to which persons described in subsection (1) would otherwise be subject.

Powers

(7)  The Attorney General and the other party to an agreement under this section have all the powers necessary to give effect to the agreement.

Deemed compliance

(8)  The criteria and mechanisms described in subsection (6), and any arrangements made under them, shall be deemed to comply with the law of Ontario.

Confidentiality, privilege and non-disclosure

(9)  All information relating to the application of this section is confidential and privileged and is not subject to release, production or disclosure, except,

(a) with the consent of the Attorney General; or

(b) as required for the administration of justice.

Conflict

(10)  This section applies despite any other Act or regulation.

Definition

(11)  In this section,

"confidential name change" means a name change under subsection 8 (2) of the Change of Name Act or under a similar provision of the law of another jurisdiction.

Execution Act

6.  (1)  Section 3 of the Execution Act is repealed and the following substituted:

Sale and refund of amount of exemption

3.  (1)  Where exemption is claimed for a chattel referred to in paragraph 3 of section 2 that has a sale value in excess of the amount referred to in that paragraph plus the costs of the sale, and other chattels are not available for seizure and sale, the chattel is subject to seizure and sale under a writ of execution and the amount referred to in that paragraph shall be paid to the debtor out of the proceeds of the sale.

Same

(2)  The debtor may, in lieu of the chattels referred to in paragraph 4 of section 2, elect to receive the proceeds of the sale thereof up to the amount referred to in that paragraph, in which case the officer executing the writ shall pay the net proceeds of the sale if they do not exceed the amount referred to in that paragraph or, if they exceed that amount, shall pay that sum to the debtor in satisfaction of the debtor's right to exemption under that paragraph.

Same

(3)  Where exemption is claimed for a motor vehicle that has a sale value in excess of the amount referred to in paragraph 6 of section 2 plus the costs of the sale, the motor vehicle is subject to seizure and sale under a writ of execution and the amount referred to in that paragraph shall be paid to the debtor out of the proceeds of the sale.

(2)  Section 4 of the Act is amended by striking out "subsection 3 (1) or (2)" and substituting "subsection 3 (1), (2) or (3)".

(3)  Subsection 35 (1) of the Act is amended by striking out "and subsections 3 (1) and (2)" at the end.

(4)  Subsection 35 (3) of the Act is amended by striking out "and subsections 3 (1) and (2)" at the end.

Executive Council Act

7.  Subsection 2 (1) of the Executive Council Act is amended by striking out "Minister of Health" and substituting "Minister of Health and Long-Term Care".

Expropriations Act

8.  Clause 5 (3) (b) of the Expropriations Act is amended by striking out "Minister of Health" and substituting "Minister of Health and Long-Term Care".

Family Law Act

9.  (1)  Clause 33 (3) (d) of the Family Law Act is repealed.

Human Rights Code

11.  The French version of section 18 of the Human Rights Code is amended by striking out "logement" and substituting "adaptation".

Interpretation Act

12.  Subsection 29 (1) of the Interpretation Act is amended by striking out the following definitions:

1. "Mental defective" and "mentally defective person".

2. "Mental deficiency".

Legal Aid Services Act, 1998

13.  Section 24 of the Legal Aid Services Act, 1998 is repealed and the following substituted:

Application for certificate

24.  (1)  Every application for a certificate shall be made and decided in a manner approved by the Corporation.

Residents and non-residents

(2)  The Corporation may approve different manners of making and deciding applications with respect to,

(a) individuals who are ordinarily resident in Ontario; and

(b) individuals who are not ordinarily resident in Ontario.

Ontario Municipal Board Act

14.  (1)  Subsection 42 (2) of the Ontario Municipal Board Act is amended by striking out "Treasurer of Ontario" and substituting "Minister of Finance".

(3)  Subsection 99 (2) of the Act is amended by striking out "Treasurer of Ontario" and substituting "Minister of Finance".

Professional Engineers Act

(3)  Subsection 24 (4) of the Professional Engineers Act is amended by striking out "send to the complainant and to the person complained against by prepaid first class mail" and substituting "mail to the complainant and to the person complained against".

Provincial Offences Act

16.  (1)  Subsection 150 (8) of the Provincial Offences Act is amended by striking out "subject to subsection (9)" and substituting "despite any other Act and subject to subsection (9)".

(3)  Section 158.2 of the Act is repealed and the following substituted:

Duty of person who carries out seizure

158.2  (1)  Subsection (2) applies when,

(a) a person has, under a warrant issued under this or any other Act or otherwise in the performance of his or her duties under an Act, seized any thing,

(i) upon or in respect of which an offence has been or is suspected to have been committed, or

(ii) that there are reasonable grounds to believe will afford evidence as to the commission of an offence; and

(b) no procedure for dealing with the thing is otherwise provided by law.

Same

(2)  The person shall, as soon as is practicable, take the following steps:

1. The person shall determine whether the continued detention of the thing is required for the purposes of an investigation or proceeding.

2. If satisfied that continued detention is not required as mentioned in paragraph 1, the person shall,

i. return the thing, on being given a receipt for it, to the person lawfully entitled to its possession, and

ii. report to a justice about the seizure and return of the thing.

3. If paragraph 2 does not apply, the person shall,

i. bring the thing before a justice, or

ii. report to a justice about the seizure and detention of the thing.

(4)  Subsection 159 (1) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule A, section 15, is amended by striking out "section 158.2" in the portion before clause (a) and substituting "subsection 158.2 (2)".

Public Accounting Act, 2004

17.  (1)  The definition of "designated body" in section 1 of the Public Accounting Act, 2004 is repealed and the following substituted:

"designated body" means each of the Certified General Accountants Association of Ontario, the Institute of Chartered Accountants of Ontario, the Society of Management Accountants of Ontario and any other prescribed entity; ("organisme désigné")

(2)  Subsection 44 (3) of the Act is repealed and the following substituted:

Applicants for licence

(3)  Despite the repeal of the Public Accountancy Act, a person may apply for licensing as a public accountant under subsection 14 (1) of that Act until March 31, 2005 or the prescribed date and if the person satisfies the requirements of that subsection, he or she shall be licensed under this Act and the licence is valid until July 1, 2005 or the prescribed date.

Public Authorities Protection Act

18.  (1)  Subsection 6 (1) of the Public Authorities Protection Act is amended by striking out "abode" and substituting "work".

(2)  Section 6 of the Act is amended by adding the following subsection:

Transition

(1.1)  Subsection (1), as it read on the day before the coming into force of section 18 of Schedule B to the Good Government Act, 2006, continues to apply with respect to actions commenced within seven days after that coming into force.

Public Guardian and Trustee Act

19.  Section 10.1 of the Public Guardian and Trustee Act is repealed and the following substituted:

Admissibility of material from records of the Public Guardian and Trustee

Definitions

10.1  (1)  In this section,

"copy of a record of the Public Guardian and Trustee" includes,

(a) a photocopy of a hard copy,

(b) a print-out of a document or of other information that is stored electronically, and

(c) a print from photographic film; ("copie d'un dossier du Tuteur et curateur public")

"record of the Public Guardian and Trustee" means a document or other information that the Public Guardian and Trustee creates or receives in any medium and records or stores in that medium or in any other medium. ("dossier du Tuteur et curateur public")

Copy as evidence

(2)  A copy of a record of the Public Guardian and Trustee, accompanied by the certificate described in subsection (3), is admissible in evidence and has the same probative force as the information in the record of the Public Guardian and Trustee would itself have had if it had been proved in the ordinary way.

Certificate

(3)  The certificate accompanying the copy shall,

(a) identify the record of the Public Guardian and Trustee and certify that the copy is a true copy or contains the same information as the record of the Public Guardian and Trustee; and

(b) be signed by the Public Guardian and Trustee and sealed with his or her official seal.

Public Inquiries Act

20.  Part I of the Public Inquiries Act is amended by adding the following section:

Languages of final reports

6.1  (1)  The final report of a commission shall be submitted, in accordance with the order in council appointing the commission, in both English and French at the same time.

Same

(2)  When a final report of a commission is made available to the public, it shall be released in both English and French at the same time.

Exception

(3)  The Lieutenant Governor in Council may order that subsection (1), subsection (2) or both subsections do not apply to a final report if, in the opinion of the Lieutenant Governor in Council, the health or safety of the public would not be served by delaying the submission, release or both because only one language version is ready.

Same

(4)  If an order is made under subsection (3), the other language version shall be submitted, released or both, as the case may be, as soon as possible.

Real Property Limitations Act

21.  (1)  Section 36 of the Real Property Limitations Act is amended by striking out "mental deficiency".

(2)  Section 39 of the Act is amended by striking out "mentally defective person".

Statutory Powers Procedure Act

22.  (1)  Section 2 of the Statutory Powers Procedure Act is amended by striking out "under section 25.1" and substituting "under subsection 17.1 (4) or section 25.1".

(2)  Section 17.1 of the Act is repealed and the following substituted:

Costs

17.1  (1)  Subject to subsection (2), a tribunal may, in the circumstances set out in rules made under subsection (4), order a party to pay all or part of another party's costs in a proceeding.

Exception

(2)  A tribunal shall not make an order to pay costs under this section unless,

(a) the conduct or course of conduct of a party has been unreasonable, frivolous or vexatious or a party has acted in bad faith; and

(b) the tribunal has made rules under subsection (4).

Amount of costs

(3)  The amount of the costs ordered under this section shall be determined in accordance with the rules made under subsection (4).

Rules

(4)  A tribunal may make rules with respect to,

(a) the ordering of costs;

(b) the circumstances in which costs may be ordered; and

(c) the amount of costs or the manner in which the amount of costs is to be determined.

Same

(5)  Subsections 25.1 (3), (4), (5) and (6) apply with respect to rules made under subsection (4).

Continuance of provisions in other statutes

(6)  Despite section 32, nothing in this section shall prevent a tribunal from ordering a party to pay all or part of another party's costs in a proceeding in circumstances other than those set out in, and without complying with, subsections (1) to (3) if the tribunal makes the order in accordance with the provisions of an Act that are in force on February 14, 2000.

Transition

(7)  This section, as it read on the day before the effective date, continues to apply to proceedings commenced before the effective date.

Same

(8)  Rules that are made under section 25.1 before the effective date and comply with subsection (4) are deemed to be rules made under subsection (4) until the earlier of the following days:

1. The first anniversary of the effective date.

2. The day on which the tribunal makes rules under subsection (4).

Definition

(9)  In subsections (7) and (8),

"effective date" means the day on which section 22 of Schedule B to the Good Government Act, 2006 comes into force.

Substitute Decisions Act, 1992

23.  (1)  Paragraph 4 of subsection 17 (1) of the Substitute Decisions Act, 1992 is repealed and the following substituted:

4. A trust corporation within the meaning of the Loan and Trust Corporations Act, if the incapable person has a spouse or partner who consents in writing to the application.

(2)  Section 19 of the Act is amended by adding the following subsections:

Exception, remaining statutory guardian

(4)  If there is a remaining statutory guardian as described in subsection (5),

(a) the remaining statutory guardian continues to have power to act; and

(b) subsections (1), (2) and (3) do not apply.

Same

(5)  There is a remaining statutory guardian for the purposes of subsection (4), unless the certificate of statutory guardianship provides otherwise, if the following conditions are satisfied:

1. Before the event described in paragraph 2, there are two or more joint statutory guardians of property.

2. One of the joint statutory guardians of property dies, becomes incapable of managing property or gives notice to the Public Guardian and Trustee of his or her resignation.

(3)  Subsection 24 (2.1) of the Act is repealed and the following substituted:

P.G.T.

(2.1)  The court shall not appoint the Public Guardian and Trustee as a guardian under section 22 unless,

(a) the application proposes the Public Guardian and Trustee as guardian;

(b) the application is accompanied by the Public Guardian and Trustee's written consent to the appointment; and

(c) there is no other suitable person who is available and willing to be appointed.

(4)  The Act is amended by adding the following section:

Access to personal information

31.1  Any person who has personal information about an incapable person to which the incapable person would be entitled to have access if capable, including health information and records, shall disclose it to the incapable person's guardian of property on request.

(5)  Subsection 39 (1) of the Act is amended by striking out "on any question arising in the management of the property" and substituting "on any question arising in connection with the guardianship or power of attorney".

(6)  Subsection 57 (2.2) of the Act is repealed and the following substituted:

P.G.T.

(2.2)  The court shall not appoint the Public Guardian and Trustee as a guardian under section 55 unless,

(a) the application proposes the Public Guardian and Trustee as guardian;

(b) the application is accompanied by the Public Guardian and Trustee's written consent to the appointment; and

(c) there is no other suitable person who is available and willing to be appointed.

(7)  Clause 59 (2) (d) of the Act is amended by striking out "to which the person could have access if capable" and substituting "to which the person would be entitled to have access if capable".

(8)  The Act is amended by adding the following section:

Access to personal information

59.1  Any person who has personal information about an incapable person to which the incapable person would be entitled to have access if capable, including health information and records, shall disclose it to the incapable person's guardian of the person on request if the guardian has the power referred to in clause 59 (2) (d).

(9)  Section 81 of the Act is repealed and the following substituted:

Order for enforcement of assessment order

81.  (1)  When an order for an assessment has been made under section 79, the court may, on motion, order the applicant in the proceeding in which the person's capacity is in issue, together with a police officer, to apprehend the person, take him or her into custody and bring him or her to a specified place to be assessed there, if the court is satisfied that,

(a) the assessor named in the order under section 79 has made all efforts that are reasonable in the circumstances to assess the person;

(b) the assessor was prevented from assessing the person by the actions of the person or of others;

(c) a restraining order is not appropriate in the circumstances, or has already been used without success; and

(d) there is no less intrusive means of permitting the assessment to be performed than an order under this subsection.

Duration of order

(2)  The order is valid for seven days.

Execution of order

(3)  The person named in the order and a police officer may enter the place specified in the order, between 9 a.m. and 4 p.m. or during the hours specified in the order, and may search for and remove the person, using such force as may be necessary.

Health facility

(4)  An order under subsection (1) that specifies a health facility as the place where the assessment is to be conducted authorizes the person's admission to the facility and his or her detention there, for the purpose of the assessment.

Restrictions

(5)  The person shall not be held in custody longer than is necessary for the purpose of the assessment, and in any case not for a period exceeding 72 hours, and while in custody shall not be confined in a manner that exceeds what is necessary for the purpose of the assessment.

(11)  Section 90 of the Act is amended by adding the following subsection:

General or particular

(3)  A regulation made under subsection (1) may be general or particular in its application.

(12)  The Schedule to the Act is amended by striking out " Ministry of Health Act " and substituting " Ministry of Health and Long-Term Care Act ".

Trustee Act

24.  Section 1 of the Trustee Act is amended by striking out the following definitions:

1. "Mental incompetent" or "mentally incompetent person".

2. "Person of unsound mind".

Commencement

Commencement

25.  (1)  Subject to subsections (3) to (8), this Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

Same

(3)   Subsection 16 (1) comes into force on the later of the day subsection 15 (1) of Schedule A to the Government Efficiency Act, 2002 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(4)  Subsection 16 (3) comes into force on the later of the day subsection 15 (4) of Schedule A to the Government Efficiency Act, 2002 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(5)  Subsection 16 (4) comes into force on the later of the day subsection 15 (5) of Schedule A to the Government Efficiency Act, 2002 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(6)  Subsection 17 (1) comes into force on the later of the day section 1 of the Public Accounting Act, 2004 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(7)  Subsection 17 (2) comes into force on the later of the day section 44 of the Public Accounting Act, 2004 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(8)   Section 2 comes into force on a day to be named by proclamation of the Lieutenant Governor.


SCHEDULE C
COURT NAMES

Amendments in table form

Table 1

1.  (1)  The provisions referred to in Table 1 to this Schedule are amended by striking out "Ontario Court (General Division)" wherever it appears and substituting in each case "Superior Court of Justice".

Table 2

(2)  The provisions referred to in Table 2 to this Schedule are amended by striking out "Ontario Court (Provincial Division)" wherever it appears and substituting in each case "Ontario Court of Justice".

Table 3

(3)  The provisions referred to in Table 3 to this Schedule are amended by striking out "Accountant of the Ontario Court" wherever it appears and substituting in each case "Accountant of the Superior Court of Justice".

Table 4

(4)  The provisions referred to in Table 4 to this Schedule are amended by striking out "Unified Family Court" wherever it appears and substituting in each case "Family Court of the Superior Court of Justice".

Arrangement of Tables

(5)  In each of the Tables to this Schedule,

(a) Column I sets out the chapter numbers of the Acts that are being amended;

(b) Column II names the Acts that are being amended;

(c) Column III names the provisions that are being amended.

Juries Act, s. 10

2.  (1)  Section 10 of the Juries Act is amended by striking out "Chief Justice of the Ontario Court" and substituting "Chief Justice of the Superior Court of Justice".

Same, s. 22.1

(2)  Section 22.1 of the Act is amended by striking out "General Division" and substituting "Superior Court of Justice".

Commencement

3.  This Schedule and the Tables to it come into force on the day the Good Government Act, 2006 receives Royal Assent.

TABLE 1/TABLEAU 1

I

II

III

Chapter

Chapitre

Act

Loi

Provision

Disposition

A.2

Absconding Debtors Act

Loi sur les débiteurs en fuite

3

   

12 (1)

A.3

Absentees Act

Loi sur les absents

2 (1)

   

8

A.14

Agricultural Tile Drainage Installation Act

Loi sur les installations de drainage agricole

9 (3)

   

10 (3)

A.19

Ambulance Act

Loi sur les ambulances

15 (5)

A.22

Animals for Research Act

Loi sur les animaux destinés à la recherche

10 (3)

   

11 (3)

   

22

17

Arbitration Act, 1991

Loi de 1991 sur l'arbitrage

1, definition of "court"

1, définition de «tribunal judiciaire»

B.5

Beef Cattle Marketing Act

Loi sur la commercialisation des bovins de boucherie

14 (3)

   

16 (3)

B.14

Bulk Sales Act

Loi sur la vente en bloc

1, definition of "court"

1, définition de «tribunal»

B.19

Business Records Protection Act

Loi sur la conservation des documents commerciaux

2 (1)

C.8

Charitable Gifts Act

Loi sur les dons de bienfaisance

3 (3)

   

4 (5)

   

5

   

8

C.9

Charitable Institutions Act

Loi sur les établissements de bienfaisance

9.11 (12)

   

11.1 (8) (b)

2

City of Toronto Act, 1997

Loi de 1997 sur la cité de Toronto

26 (1)

26

City of Toronto Act, 1997 (No. 2)

Loi de 1997 sur la cité de Toronto (nº 2)

82 (1)

6

Class Proceedings Act, 1992

Loi de 1992 sur les recours collectifs

1, definition of "court"

1, définition de «tribunal»

   

30 (2)

   

30 (9)

   

30 (10)

   

30 (11)

C.35

Co-operative Corporations Act

Loi sur les sociétés coopératives

1 (1), definition of "court"

1 (1), définition de «tribunal»

   

171.8 (6)

   

171.8 (7)

   

171.13 (1)

   

171.14 (1)

   

171.16 (2)

   

171.17

   

171.18 (2)

   

171.19

   

171.20 (1)

C.15

Colleges Collective Bargaining Act

Loi sur la négociation collective dans les collèges

46 (6)

   

62 (4)

C.16

Commercial Concentration Tax Act

Loi de l'impôt sur les concentrations commerciales

12 (1)

   

12 (3)

   

12 (4)

   

12 (5)

   

18 (2)

   

19 (10)

L.7

Commercial Tenancies Act

Loi sur la location commerciale

20 (1)

   

21

   

23 (2)

   

32 (1), definition of "under-tenant"

32 (1), définition de «sous-locataire»

   

38 (2)

   

39 (3)

   

56 (1)

   

64 (1)

   

64 (5)

   

65, definition of "judge"

65, définition de «juge»

   

68

   

74 (1)

   

Form 3

Formule 3

1992, c. 18

Community Small Business Investment Funds Act

Loi sur les fonds communautaires d'investissement dans les petites entreprises

35 (1)

C.30

Construction Lien Act

Loi sur le privilège dans l'industrie de la construction

1 (1), definition of "court"

1 (1), définition de «tribunal»

   

50 (1)

C.34

Conveyancing and Law of Property Act

Loi sur les actes translatifs de propriété et le droit des biens

21 (1)

   

27

   

37 (1)

   

48 (1)

   

48 (3)

   

49

   

53 (2)

   

61 (1)

C.37

Coroners Act

Loi sur les coroners

40 (3)

C.41

Costs of Distress Act

Loi sur les frais de saisie-gagerie

6 (2)

   

6 (5)

11

Credit Unions and Caisses Populaires Act, 1994

Loi de 1994 sur les caisses populaires et les credit unions

1, definition of "court"

1, définition de «tribunal»

C.45

Creditors' Relief Act

Loi sur le désintéressement des créanciers

1, definition of "judge"

1, définition de «juge»

   

2 (1)

   

7 (2)

   

8 (5)

   

9 (1)

   

15 (1)

   

16

   

17

   

18

   

19 (1)

   

22 (1)

   

22 (2) (b)

   

35

   

Form 2

Formule 2

   

Form 3

Formule 3

   

Form 4

Formule 4

   

Form 5

Formule 5

   

Form 7

Formule 7

C.49

Crown Attorneys Act

Loi sur les procureurs de la Couronne

8

   

11 (b)

   

11 (c)

   

11 (g)

   

15 (b)

22

Crown Foundations Act, 1996

Loi de 1996 sur les fondations de la Couronne

10 (4)

D.2

Day Nurseries Act

Loi sur les garderies

17 (1)

   

17 (2)

D.3

Dead Animal Disposal Act

Loi sur les cadavres d'animaux

11 (3)

   

12 (3)

D.13

Disorderly Houses Act

Loi sur les maisons de jeu et de débauche

1, definition of "court"

1, définition de «tribunal»

   

2 (3)

H.4

Drug and Pharmacies Regulation Act

Loi sur la réglementation des médicaments et des pharmacies

162 (1)

E.1

Edible Oil Products Act

Loi sur les produits oléagineux comestibles

10 (3)

E.12

Employers and Employees Act

Loi sur les employeurs et employés

10 (1)

   

10 (2)

E.21

Estates Act

Loi sur les successions

1, definition of "common form business"

1, définition de «forme ordinaire»

   

2

   

7 (1)

   

9 (1)

   

10 (1)

   

11 (2)

   

19

   

20

   

21

   

22

   

28

   

29 (1)

   

44 (2)

   

44 (3)

   

44 (4)

   

44 (5)

   

44 (6)

   

44 (7)

   

44 (14)

   

45 (2)

   

47 (1)

   

49 (1)

   

49 (10)

   

52 (1)

   

52 (3)

E.22

Estates Administration Act

Loi sur l'administration des successions

1, definition of "court"

1, définition de «cour»

   

1, definition of "judge"

1, définition de «juge»

F.2

Family Benefits Act

Loi sur les prestations familiales

15 (2)

F.3

Family Law Act

Loi sur le droit de la famille

1 (1), definition of "court"

1 (1), définition de «tribunal»

   

2 (3)

   

33 (6)

   

48

F.9

Farm Products Marketing Act

Loi sur la commercialisation des produits agricoles

13

28

Financial Services Commission of Ontario Act, 1997

Loi de 1997 sur la Commission des services financiers de l'Ontario

23 (1)

F.13

Fines and Forfeitures Act

Loi sur les amendes et confiscations

3

   

6 (2)

F.28

Forestry Workers Lien for Wages Act

Loi sur le privilège des travailleurs forestiers portant sur leur salaire

6 (1)

   

6 (2)

   

8 (1)

   

9 (1)

   

14 (1)

   

23 (5)

   

25 (3)

   

30

G.3

Gas and Oil Leases Act

Loi sur les baux portant sur du gaz naturel et du pétrole

1, definition of "judge"

1, définition de «juge»

G.10

Grains Act

Loi sur le grain

14 (3)

H.1

Habeas Corpus Act

Loi sur l'habeas corpus

1 (1)

   

6

H.2

Healing Arts Radiation Protection Act

Loi sur la protection contre les rayons X

11 (5)

   

12 (2)

   

25

H.5

Health Facilities Special Orders Act

Loi sur les arrêtés extraordinaires relatifs aux établissements de santé

11 (6)

   

13 (2)

   

17

H.6

Health Insurance Act

Loi sur l'assurance-santé

23 (3)

   

45.1 (2)

H.13

Homes for the Aged and Rest Homes Act

Loi sur les foyers pour personnes âgées et les maisons de repos

19.2 (12)

   

30.15 (2) (b)

I.3

Independent Health Facilities Act

Loi sur les établissements de santé autonomes

21 (5)

I.8

Insurance Act

Loi sur les assurances

22 (1)

   

128 (5)

   

169 (10)

   

171, definition of "court"

171, définition de «tribunal»

   

257 (1)

   

271 (1)

   

271 (1.1)

   

271 (1.2)

   

271 (2)

   

278 (4)

   

290, definition of "court"

290, définition de «tribunal»

   

393 (10) (a)

   

448 (1)

I.9

International Commercial Arbitration Act

Loi sur l'arbitrage international commercial

1 (8)

   

7 (1)

I.11

Interpretation Act

Loi d'interprétation

29 (1), definition of "Divisional Court"

29 (1), définition de «Cour divisionnaire»

J.1

Judicial Review Procedure Act

Loi sur la procédure de révision judiciaire

1, definition of "court"

1, définition de «Cour»

   

6 (2)

   

6 (4)

   

8

J.3

Juries Act

Loi sur les jurys

2

   

5 (1) (a)

   

5 (3) (b)

   

8 (3)

   

9

   

12

   

13 (1)

   

14 (1)

   

19 (2)

   

22

   

23 (3) (a)

   

24 (1)

   

25

   

26

   

35 (1) (a)

   

35 (2)

   

36.1 (2)

   

40 (2)

   

42

L.1

Laboratory and Specimen Collection Centre Licensing Act

Loi autorisant des laboratoires médicaux et des centres de prélèvement

12 (5)

   

13 (2)

26

Legal Aid Services Act, 1998

Loi de 1998 sur les services d'aide juridique

45 (3)

   

73 (1)

   

75 (3)

L.14

Lightning Rods Act

Loi sur les paratonnerres

7 (1)

L.20

Livestock and Livestock Products Act

Loi sur le bétail et les produits du bétail

9 (3)

   

10 (3)

L.22

Livestock Community Sales Act

Loi sur la vente à l'encan du bétail

9 (3)

   

10 (3)

L.23

Livestock Medicines Act

Loi sur les médicaments pour le bétail

10 (3)

   

11 (3)

L.24

Livestock, Poultry and Honey Bee Protection Act

Loi sur la protection du bétail, de la volaille et des abeilles

4 (13)

   

9 (15)

L.25

Loan and Trust Corporations Act

Loi sur les sociétés de prêt et de fiducie

50 (5)

   

50 (6)

   

77 (8)

   

77 (9)

   

84 (1)

   

85 (1)

   

106 (4)

   

110 (2)

   

110 (5)

   

113 (8)

   

114 (8)

   

116 (5)

   

148

   

149 (1)

   

173 (4)

   

173 (5)

   

173 (10)

   

173 (11)

   

175 (2)

   

196

   

203 (1)

   

203 (2)

   

206 (3)

   

210 (1)

   

211 (1)

26

Long-Term Care Act, 1994

Loi de 1994 sur les soins de longue durée

57 (2) (b)

M.5

Meat Inspection Act (Ontario)

Loi sur l'inspection des viandes (Ontario)

9 (3)

   

10 (3)

M.8

Mental Hospitals Act

Loi sur les hôpitaux psychiatriques

21 (1)

M.12

Milk Act

Loi sur le lait

22

M.20

Ministry of Community and Social Services Act

Loi sur le ministère des Services sociaux et communautaires

13 (2)

   

16 (4)

M.25

Ministry of Government Services Act

Loi sur le ministère des Services gouvernementaux

11 (4)

M.31

Ministry of Natural Resources Act

Loi sur le ministère des Richesses naturelles

11

M.39

Mortgage Brokers Act

Loi sur les courtiers en hypothèques

26 (3)

   

26 (6)

   

30 (1)

M.41

Motor Vehicle Accident Claims Act

Loi sur l'indemnisation des victimes d'accidents de véhicules automobiles

7 (2)

   

20 (1)

M.48

Municipal Arbitrations Act

Loi sur les arbitres municipaux

1 (2) (a)

   

1 (2) (c)

   

1 (2) (e)

   

5

   

8

   

11

M.50

Municipal Conflict of Interest Act

Loi sur les conflits d'intérêts municipaux

1, definition of "judge"

1, définition de «juge»

N.7

Nursing Homes Act

Loi sur les maisons de soins infirmiers

16 (5)

   

20.6 (12)

O.6

Ombudsman Act

Loi sur l'ombudsman

19 (9)

   

25 (4)

12

Ontario College of Teachers Act, 1996

Loi de 1996 sur l'Ordre des enseignantes et des enseignants de l'Ontario

49

25, Schedule B

25, Annexe B

Ontario Disability Support Program Act, 1997

Loi de 1997 sur le Programme ontarien de soutien aux personnes handicapées

16 (2)

   

16 (3)

O.17

Ontario Guaranteed Annual Income Act

Loi sur le revenu annuel garanti en Ontario

9 (7)

   

13 (1)

O.19

Ontario Highway Transport Board Act

Loi sur la Commission des transports routiers de l'Ontario

14 (2)

   

21

O.20

Ontario Home Ownership Savings Plan Act

Loi sur le régime d'épargne-logement de l'Ontario

13 (1) (b)

O.28

Ontario Municipal Board Act

Loi sur la Commission des affaires municipales de l'Ontario

25

   

38

   

79

   

86 (1)

   

98

O.36

Ontario Society for the Prevention of Cruelty to Animals Act

Loi sur la Société de protection des animaux de l'Ontario

18 (1)

25, Schedule A

25, Annexe A

Ontario Works Act, 1997

Loi de 1997 sur le programme Ontario au travail

21 (2)

   

21 (3)

P.4

Partition Act

Loi sur le partage des biens-fonds

1, definition of "court"

1, définition de «tribunal»

P.8

Pension Benefits Act

Loi sur les régimes de retraite

42 (10)

   

43 (6)

   

80 (7)

   

81 (7)

   

110 (5)

P.9

Perpetuities Act

Loi sur les dévolutions perpétuelles

1, definition of "court"

1, définition de «tribunal»

P.26

Private Career Colleges Act

Loi sur les collèges privés d'enseignement professionnel

7 (7)

   

11 (3)

P.24

Private Hospitals Act

Loi sur les hôpitaux privés

6 (1)

   

14 (5)

   

15 (2)

P.25

Private Investigators and Security Guards Act

Loi sur les enquêteurs privés et les gardiens

20 (4) (b)

   

21 (3)

P.38

Public Authorities Protection Act

Loi sur l'immunité des personnes exerçant des attributions d'ordre public

1

P.40

Public Hospitals Act

Loi sur les hôpitaux publics

41 (4)

   

43 (2)

P.41

Public Inquiries Act

Loi sur les enquêtes publiques

7 (2)

   

16 (1)

   

17 (2)

   

Form 1

Formule 1

P.45

Public Officers Act

Loi sur les fonctionnaires

13

   

15

   

16

P.47

Public Service Act

Loi sur la fonction publique

28.10 (5)

   

28.31

P.49

Public Service Works on Highways Act

Loi sur les travaux d'aménagement des voies publiques

2 (4)

P.50

Public Transportation and Highway Improvement Act

Loi sur l'aménagement des voies publiques et des transports en commun

112 (1)

R.5

Reciprocal Enforcement of Judgments Act

Loi sur l'exécution réciproque de jugements

2 (1)

   

7

R.19

Registered Insurance Brokers Act

Loi sur les courtiers d'assurances inscrits

23 (1)

   

24 (1)

   

24 (2)

   

24 (4)

18

Regulated Health Professions Act, 1991

Loi de 1991 sur les professions de la santé réglementées

Schedule 2, 87

Annexe 2, 87

R.23

Religious Organizations' Lands Act

Loi sur les biens-fonds des organisations religieuses

23 (1)

   

24 (1)

R.34

Road Access Act

Loi sur les chemins d'accès

1, definition of "judge"

1, définition de «juge»

S.5

Securities Act

Loi sur les valeurs mobilières

13 (1)

   

105 (1)

   

126 (1)

   

126 (5)

   

128 (1)

   

129 (1)

   

135 (1)

   

135 (2)

   

135 (3)

   

135 (4)

   

135 (5)

   

151 (1)

   

152 (1)

   

152 (2)

   

152 (4)

S.7

Settled Estates Act

Loi sur les substitutions immobilières

1 (1), definition of "court"

1 (1), définition de «tribunal»

2

Shortline Railways Act, 1995

Loi de 1995 sur les chemins de fer d'intérêt local

10 (13)

   

13 (7)

31

Social Work and Social Service Work Act, 1998

Loi de 1998 sur le travail social et les techniques de travail social

54

S.15

Solicitors Act

Loi sur les procureurs

3

   

6 (9)

   

8

   

23

   

25

   

34 (1)

S.22

Statutory Powers Procedure Act

Loi sur l'exercice des compétences légales

3 (2) (b) (ii)

   

12 (3.1)

   

12 (4)

   

19 (1)

   

19 (3)

S.26

Succession Law Reform Act

Loi portant réforme du droit des successions

12 (3)

   

57, definition of "court"

57, définition de «tribunal»

S.29

Surveyors Act

Loi sur les arpenteurs-géomètres

17 (17)

   

29 (5)

   

38

15

Toronto Islands Residential Community Stewardship Act, 1993

Loi de 1993 sur l'administration de la zone résidentielle des îles de Toronto

9 (11)

   

9 (12)

T.17

Trades Qualification and Apprenticeship Act

Loi sur la qualification professionnelle et l'apprentissage des gens de métier

8 (2)

   

12 (c) (iii)

   

21 (2)

   

22 (5)

   

24 (2)

T.22

Truck Transportation Act

Loi sur le camionnage

22 (6)

U.2

Unconscionable Transactions Relief Act

Loi sur la réduction des opérations exorbitantes

1, definition of "cost of the loan"

1, définition de «coût de l'emprunt»

   

4 (1)

V.1

Variation of Trusts Act

Loi sur la modification des fiducies

1 (1)

V.2

Vendors and Purchasers Act

Loi sur la vente immobilière

3 (1)

V.3

Veterinarians Act

Loi sur les vétérinaires

28 (12)

W.3

Warehouse Receipts Act

Loi sur les récépissés d'entrepôt

9

W.4

Water Transfer Control Act

Loi sur le contrôle des transferts d'eau

15 (1)

TABLE 2/TABLEAU 2

I

II

III

Chapter

Chapitre

Act

Loi

Provision

Disposition

A.21

Anatomy Act

Loi sur l'anatomie

6

C.45

Creditors' Relief Act

Loi sur le désintéressement des créanciers

2 (1)

   

3 (3)

   

3 (5)

   

3 (8)

F.3

Family Law Act

Loi sur le droit de la famille

1 (1), definition of "court"

1 (1), définition de «tribunal»

   

4 (1), definition of "court"

4 (1), définition de «tribunal»

   

17, definition of "court"

17, définition de «tribunal»

   

34 (2)

   

35 (1)

   

48

   

49 (1)

   

59 (1)

I.3

Independent Health Facilities Act

Loi sur les établissements de santé autonomes

37 (6)

P.17

Pounds Act

Loi sur les fourrières

14 (2)

S.5

Securities Act

Loi sur les valeurs mobilières

13 (4)

S.22

Statutory Powers Procedure Act

Loi sur l'exercice des compétences légales

3 (2) (b) (iii)

TABLE 3/TABLEAU 3

I

II

III

Chapter

Chapitre

Act

Loi

Provision

Disposition

E.21

Estates Act

Loi sur les successions

35

F.12

Financial Administration Act

Loi sur l'administration financière

16.3, definition of "ministry"

16.3, définition de «ministère»

L.5

Land Titles Act

Loi sur l'enregistrement des droits immobiliers

54 (6)

   

56 (4)

   

57 (11)

TABLE 4/TABLEAU 4

I

II

III

Chapter

Chapitre

Act

Loi

Provision

Disposition

C.45

Creditors' Relief Act

Loi sur le désintéressement des créanciers

2 (1)

   

3 (3)

   

3 (5)

   

3 (8)

F.3

Family Law Act

Loi sur le droit de la famille

1 (1), definition of "court"

1 (1), définition de «tribunal»

   

35 (1)

   

59 (1)

S.22

Statutory Powers Procedure Act

Loi sur l'exercice des compétences légales

3 (2) (b) (iv)

SCHEDULE D
AMENDMENTS RELATING TO THE ENACTMENT OF THE YOUTH CRIMINAL JUSTICE ACT (CANADA)

Change of Name Act

1.  (1)  Clause 6 (2) (h) of the Change of Name Act is repealed and the following substituted:

(h) particulars of every offence of which the person has been found guilty and for which an adult sentence has been imposed under the Youth Criminal Justice Act (Canada), as described in section 117 of that Act;

(2)  Clause 6 (2) (h.2) of the Act is amended by striking out "including every pending criminal charge against the person under the Young Offenders Act (Canada)".

(3)  Clause 6 (10) (c) of the Act is repealed and the following substituted:

(c) every offence of which the person to whose name the application relates has been found guilty and for which an adult sentence has been imposed under the Youth Criminal Justice Act (Canada), as described in section 117 of that Act;

(4)  Clause 6 (10) (e) of the Act is amended by striking out "including every pending criminal charge under the Young Offenders Act (Canada)".

(5)  Subsection 7.1 (5) of the Act is amended by striking out "younger than a "young person" as defined in the Young Offenders Act (Canada)" and substituting "less than 12 years old".

Child and Family Services Act

2.  (1)  Clause (e) of the definition of "service" in subsection 3 (1) of the Child and Family Services Act is repealed and the following substituted:

(e) a youth justice service; ("service")

(2)  The definition of "young offenders service" in subsection 3 (1) of the Act is repealed and the following substituted:

"youth justice service" means a service provided under Part IV (Youth Justice) or under a program established under that Part. ("service de justice pour les adolescents")

(3)  Subsection 27 (3) of the Act is amended by striking out "Part IV (Young Offenders)" and substituting "Part IV (Youth Justice)".

(4)  Clause (a) of the definition of "residential placement" in subsection 34 (1) of the Act is repealed and the following substituted:

(a) a placement made under the Young Offenders Act (Canada), under the Youth Criminal Justice Act (Canada) or under Part IV (Youth Justice),

(5)  Clause (a) of the definition of "place of safety" in subsection 37 (1) of the Act is amended by striking out "Part IV (Young Offenders)" and substituting "Part IV (Youth Justice)".

(6)  Subsection 40 (10) of the Act is amended by striking out "Part IV (Young Offenders)" at the end and substituting "Part IV (Youth Justice)".

(7)  Subsection 41 (5) of the Act is amended by striking out "Part IV (Young Offenders)" in the portion before clause (a) and substituting "Part IV (Youth Justice)".

(8)  Subsection 44 (6) of the Act is amended by striking out "Part IV (Young Offenders)" at the end and substituting "Part IV (Youth Justice)".

(9)  Subclause 51 (2) (d) (i) of the Act is amended by striking out "Part IV (Young Offenders)" and substituting "Part IV (Youth Justice)".

(10)  Subsection 69 (4) of the Act is amended by striking out "Part IV (Young Offenders)" and substituting "Part IV (Youth Justice)".

(11)  The heading to Part IV of the Act is repealed and the following substituted:

PART IV
YOUTH JUSTICE

(12)  Section 88 of the Act is repealed and the following substituted:

Definitions

88.  In this Part,

"bailiff" means a bailiff appointed under clause 90 (1) (c); ("huissier")

"Board" means the Custody Review Board established under subsection 96 (1); ("Commission")

"federal Act" means the Youth Criminal Justice Act (Canada); ("loi fédérale")

"place of open custody" means a place or facility designated as a place of open custody under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the federal Act or otherwise; ("lieu de garde en milieu ouvert")

"place of open temporary detention" means a place of temporary detention in which the Minister has established an open detention program; ("lieu de détention provisoire en milieu ouvert")

"place of secure custody" means a place or facility designated for the secure containment or restraint of young persons under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the federal Act or otherwise; ("lieu de garde en milieu fermé")

"place of secure temporary detention" means a place of temporary detention in which the Minister has established a secure detention program; ("lieu de détention provisoire en milieu fermé")

"place of temporary detention" means a place or facility designated as a place of temporary detention under the Young Offenders Act (Canada) or under the federal Act; ("lieu de détention provisoire")

"probation officer" means,

(a) a person appointed or designated by the Lieutenant Governor in Council or his or her delegate to perform any of the duties or functions of a youth worker under the Young Offenders Act (Canada) or under the federal Act, or

(b) a probation officer appointed under clause 90 (1) (b); ("agent de probation")

"provincial director" means,

(a) a person, the group or class of persons or the body appointed or designated by the Lieutenant Governor in Council or his or her delegate to perform any of the duties or functions of a provincial director under the Young Offenders Act (Canada) or under the federal Act, or

(b) a person as appointed under clause 90 (1) (a); ("directeur provincial")

"services and programs" means services and programs provided pursuant to the Young Offenders Act (Canada), the federal Act or the Provincial Offences Act and other related services and programs; ("services et programmes")

"young person" means a child as defined in subsection 3 (1) who is, or, in the absence of evidence to the contrary, appears to be,

(a) 12 years of age or more but,

(b) under 16 years of age,

and includes a person 16 years of age or more charged with having committed an offence while he or she was 12 years of age or more but under 16 years of age. ("adolescent")

(13)  Subsection 89 (1) of the Act is amended by striking out "the federal Act and the Provincial Offences Act" in the portion after clause (b) and substituting "the Young Offenders Act (Canada), the federal Act and the Provincial Offences Act".

(14)  Subsection 89 (3) of the Act is repealed and the following substituted:

Secure custody programs

(3)  The Minister may establish secure custody programs in places of secure custody.

(15)  Clause 90 (1) (a) of the Act is repealed and the following substituted:

(a) a provincial director, to perform any or all of the duties and functions of a provincial director,

(i) under the federal Act,

(ii) under the Young Offenders Act (Canada), and

(iii) under the regulations;

(16)  Subclause 90 (1) (b) (i) of the Act is repealed and the following substituted:

(i) of a youth worker under the federal Act and under the Young Offenders Act (Canada),

(17)  Subsection 91 (1) of the Act is amended by striking out "within the meaning of the federal Act" and substituting "within the meaning of the federal Act or the Young Offenders Act (Canada)".

(18)  Subsection 93 (1) of the Act is amended by striking out "under the federal Act" and substituting "under the federal Act or the Young Offenders Act (Canada)".

(19)  Subparagraph 1 ii of subsection 93 (2) of the Act is amended by striking out "the federal Act" and substituting "the federal Act or the Young Offenders Act (Canada)".

(20)  Subsection 93 (3) of the Act is amended by striking out "a medium security or maximum security place of custody" and substituting "a place of secure custody".

(21)  Subsection 93 (4) of the Act is amended by striking out "under the federal Act" and substituting "under the federal Act or under the Young Offenders Act (Canada)".

(22)  The English version of subsection 93 (5) of the Act is amended by striking out "youth court" wherever it appears and substituting in each case "youth justice court".

(23)  Section 94 of the Act is repealed.

(24)  Clause 95 (b) of the Act is amended by striking out "section 35 (temporary release)" and substituting "section 91 (reintegration leave)".

(25)  Clause 97 (1) (a) of the Act is repealed.

(26)  Clause 97 (1) (c) of the Act is amended by striking out "temporary release under section 35 of the federal Act" and substituting "temporary release under section 35 of the Young Offenders Act (Canada) or reintegration leave under section 91 of the federal Act".

(27)  Clause 97 (1) (d) of the Act is amended by striking out "under subsection 24.2 (9) of the federal Act" and substituting "under subsection 24.2 (9) of the Young Offenders Act (Canada) in accordance with section 88 of the federal Act".

(28)  Clause 97 (6) (a) of the Act is repealed and the following substituted:

(a) recommend to the provincial director,

(i) where the Board is of the opinion that the place where the young person is held or to which he or she has been transferred is not appropriate to meet the young person's needs, that the young person be transferred to another place,

(ii) that the young person's temporary release be authorized under section 35 of the Young Offenders Act (Canada) or the young person's reintegration leave be authorized under section 91 of the federal Act, or

(iii) where the young person has been transferred as described in clause (1) (d), that the young person be returned to a place of open custody; or

(29)  Subsection 98 (1) of the Act is amended by striking out "under the federal Act" and substituting "under the Young Offenders Act (Canada) or the federal Act".

(30)  Clause 98 (2) (b) of the Act is amended by striking out "temporary release" and substituting "reintegration leave".

(31)  Clause 98 (4) (b) of the Act is amended by striking out "temporary release" and substituting "reintegration leave".

(32)  Clause (b) of the definition of "child in care" in section 99 of the Act is repealed and the following substituted:

(b) a child who is,

(i) detained in a place of temporary detention under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada),

(ii) committed to a place of secure or open custody designated under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, or

(iii) held in a place of open custody under section 95 of Part IV (Youth Justice).

(33)  Subsection 100 (1) of the Act is amended by striking out "Part IV (Young Offenders)" and substituting "Part IV (Youth Justice)".

(34)  Clause 108 (e) of the Act is repealed and the following substituted:

(e) the review procedures available under section 97 of Part IV (Youth Justice), in the case of a child described in clause (b) of the definition of "child in care" in section 99;

(35)  Subclause 117 (1) (b) (ii) of the Act is repealed and the following substituted:

(ii) the child's detention or custody under the Young Offenders Act (Canada), under the Youth Criminal Justice Act (Canada) or under the Provincial Offences Act, or

(36)  Subsection 127 (2) of the Act is amended by striking out "Part IV (Young Offenders)" at the end and substituting "Part IV (Youth Justice)".

(37)  Subsection 131 (2) of the Act is repealed and the following substituted:

Exception

(2)  Subsection (1) does not prohibit the use of restraints that are reasonably necessary for the secure transportation or transfer of a child,

(a) who has been admitted to a secure treatment program under this Part;

(b) who is detained under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) or has been committed to secure or open custody under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada); or

(c) to whom section 95 of Part IV (Youth Justice) (open custody) applies.

(38)  Clause 180 (2) (b) of the Act is amended by striking out "Young Offenders Act (Canada)" and substituting "Youth Criminal Justice Act (Canada)".

(39)  Paragraph 8 of subsection 214 (1) of the Act is amended by striking out "young offenders service" and substituting "youth justice service".

Christopher's Law (Sex Offender
Registry), 2000

3.  (1)  Subsection 8 (2) of Christopher's Law (Sex Offender Registry), 2000 is repealed and the following substituted:

Exception

(2)  Except as provided in subsection (3), this Act does not apply to a young person within the meaning of the Young Offenders Act (Canada), despite the repeal of that Act, or to a young person within the meaning of the Youth Criminal Justice Act (Canada).

(2)  Subsection 8 (3) of the Act is repealed and the following substituted:

Same

(3)  This Act does apply to,

(a) a young person within the meaning of the Young Offenders Act (Canada) who has been convicted of a sex offence or found not criminally responsible of a sex offence on account of mental disorder in ordinary court as the result of an order made under section 16 of the Young Offenders Act (Canada); or

(b) a young person within the meaning of the Youth Criminal Justice Act (Canada) who is found guilty of a sex offence and receives an adult sentence within the meaning of that Act for the offence.

Coroners Act

4.  (1)  Clause 10 (3) (c) of the Coroners Act is repealed and the following substituted:

(c) committed to secure or open custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise,

(2)  Subsection 10 (4) of the Act is amended by striking out "under section 24.1 of the Young Offenders Act (Canada)" and substituting "under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

Courts of Justice Act

5.  (1)  Subsection 38 (3) of the Courts of Justice Act is repealed and the following substituted:

Youth court and youth justice court

(3)  The Ontario Court of Justice is a youth court for the purposes of the Young Offenders Act (Canada) and a youth justice court for the purposes of the Youth Criminal Justice Act (Canada).

(2)  Subsection 68 (4) of the Act is repealed.

Crown Employees Collective
Bargaining Act, 1993

6.  Clauses (f) and (g) of the definition of "facility" in subsection 7 (5) of the Crown Employees Collective Bargaining Act, 1993 are repealed and the following substituted:

(f) a place of temporary detention under the Youth Criminal Justice Act (Canada),

(g) a youth custody facility under the Youth Criminal Justice Act (Canada), or

Employment Standards Act, 2000

7.  Paragraphs 4 and 5 of subsection 3 (5) of the Employment Standards Act, 2000 are repealed and the following substituted:

4. An individual who is an inmate of a correctional institution within the meaning of the Ministry of Correctional Services Act, is an inmate of a penitentiary, is being held in a detention facility within the meaning of the Police Services Act or is being held in a place of temporary detention or youth custody facility under the Youth Criminal Justice Act (Canada), if the individual participates inside or outside the institution, penitentiary, place or facility in a work project or rehabilitation program.

5. An individual who performs work under an order or sentence of a court or as part of an extrajudicial measure under the Youth Criminal Justice Act (Canada).

Health Protection And Promotion Act

8.  (1)  Clause (o) of the definition of "institution" in subsection 21 (1) of the Health Protection and Promotion Act is amended by striking out "under section 24.1 of the Young Offenders Act (Canada)" and substituting "under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

(2)  The definition of "place of secure custody" in subsection 37 (3) of the Act is amended by striking out "under section 24.1 of the Young Offenders Act (Canada)" and substituting "under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

(3)  The definition of "place of temporary detention" in subsection 37 (3) of the Act is amended by striking out "subsection 7 (1) of the Young Offenders Act (Canada)" and substituting "the Youth Criminal Justice Act (Canada)".

Highway Traffic Act

9.  (1)  The definition of "conviction" in subsection 1 (1) of the Highway Traffic Act is repealed and the following substituted:

"conviction" includes a disposition made under the Young Offenders Act (Canada) or a sentence imposed under the Youth Criminal Justice Act (Canada); ("déclaration de culpabilité")

(2)  Clause 41 (5) (b) of the Act is repealed and the following substituted:

(b) a disposition is made under section 20 or sections 28 to 32 of the Young Offenders Act (Canada) or a youth sentence is imposed under section 42, 59, 94, 95 or 96 of the Youth Criminal Justice Act (Canada) or an adult sentence is imposed under the Youth Criminal Justice Act (Canada), including a confirmation or variation of the disposition or sentence.

(3)  Clause 42 (4) (b) of the Act is repealed and the following substituted:

(b) a disposition is made under section 20 or sections 28 to 32 of the Young Offenders Act (Canada) or a youth sentence is imposed under section 42, 59, 94, 95 or 96 of the Youth Criminal Justice Act (Canada) or an adult sentence is imposed under the Youth Criminal Justice Act (Canada), including a confirmation or variation of the disposition or sentence.

(4)  Clause 198.5 (3) (b) of the Act is repealed and the following substituted:

(b) an order under the Criminal Code (Canada), a disposition under the Young Offenders Act (Canada) or a sentence imposed under the Youth Criminal Justice Act (Canada) directs that the person be discharged.

(5)  Subsection 210 (5) of the Act is repealed and the following substituted:

Order for conditional discharge

(5)  Where a person pleads guilty to or is found guilty of an offence under the Criminal Code (Canada), the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) referred to in subsection (1) and an order directing that the person be discharged is made under section 736 of the Criminal Code (Canada), section 20 or sections 28 to 32 of the Young Offenders Act (Canada) or section 42, 59, 94, 95 or 96 of the Youth Criminal Justice Act (Canada) including an order in respect of a person on whom an adult sentence is imposed under the Youth Criminal Justice Act (Canada), the judge, provincial judge or justice of the peace who makes the order or the clerk of the court in which the order is made shall forthwith notify the Registrar of the order.

(6)  Subsection 210 (6) of the Act is repealed and the following substituted:

Same

(6)  A notice given under subsection (5) shall set out the name, address and description of the person discharged by the order, the number of the person's driver's licence, the number of the permit of the motor vehicle or the registration number of the motorized snow vehicle with which the offence was committed, the time the offence was committed and the provision of the Criminal Code (Canada), the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) contravened.

Legal Aid Services Act, 1998

10.  (1)  The definition of "criminal law" in section 2 of the Legal Aid Services Act, 1998 is repealed and the following substituted:

"criminal law" includes legal matters relating to,

(a) provincial offences, and

(b) the Youth Criminal Justice Act (Canada); ("droit criminel")

(2)  Subsection 16 (2) of the Act is repealed and the following substituted:

Direction under Youth Criminal Justice Act (Canada)

(2)  If a court makes a direction under paragraph 25 (4) (b) of the Youth Criminal Justice Act (Canada), the Attorney General may direct the Corporation under subsection 25 (5) of that Act to provide legal aid services, in accordance with the court direction, to the young person who is the subject of the court direction.

Direction under Young Offenders Act (Canada)

(3)  If a court makes a direction under paragraph 11 (4) (b) of the Young Offenders Act (Canada), the Attorney General may direct the Corporation under subsection 11 (5) of that Act to provide legal aid services, in accordance with the court direction, to the young person who is the subject of the court direction.

Ministry of Community and
Social Services Act

11.  Clause 7 (b) of the Ministry of Community and Social Services Act is repealed and the following substituted:

(b) any other person,

(i) who is a Crown ward under Part III (Child Protection) of the Child and Family Services Act, or

(ii) who is held in a place of temporary detention under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) or a place of open or secure custody designated under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise,

Ministry of Correctional Services Act

12.  (1)  The definition of "inmate" in section 1 of the Ministry of Correctional Services Act is amended by striking out "but does not include a young person within the meaning of the Young Offenders Act (Canada)" at the end and substituting "but does not include a young person within the meaning of the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada)".

(2)  If subsection 18 (2) of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2006 receives Royal Assent, subsection (1) is without effect.

(3)  The definition of "inmate" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 18, is repealed and the following substituted:

"inmate" means a person confined in a correctional institution or otherwise detained in lawful custody under a court order, but does not include a young person within the meaning of the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) unless he or she,

(a) has been transferred to ordinary court under the Young Offenders Act (Canada), or

(b) receives an adult sentence within the meaning of the Youth Criminal Justice Act (Canada); ("détenu")

(4)  The definition of "place of open custody" in section 1 of the Act is amended by striking out "under subsection 24.1 (1) of the Young Offenders Act (Canada)" and substituting "under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

(5)  If subsection 18 (4) of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2006 receives Royal Assent, subsection (4) is without effect.

(6)  The definition of "place of open custody" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 18, is repealed and the following substituted:

"place of open custody" means a place or facility designated as a place of open custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, and operated or maintained by the Ministry or by a contractor; ("lieu de garde en milieu ouvert")

(7)  The definition of "place of secure custody" in section 1 of the Act is amended by striking out "under subsection 24.1 (1) of the Young Offenders Act (Canada)" and substituting "under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

(8)  If subsection 18 (4) of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2006 receives Royal Assent, subsection (7) is without effect.

(9)  The definition of "place of secure custody" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 18, is repealed and the following substituted:

"place of secure custody" means a place or facility designated as a place of secure custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, and operated or maintained by the Ministry or by a contractor; ("lieu de garde en milieu fermé")

(10)  The definition of "place of temporary detention" in section 1 of the Act is amended by striking out "subsection 7 (1) of the Young Offenders Act (Canada)" and substituting "subsection 7 (1) of the Young Offenders Act (Canada) or subsection 30 (1) of the Youth Criminal Justice Act (Canada)".

(11)  If subsection 18 (4) of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2006 receives Royal Assent, subsection (10) is without effect.

(12)  The definition of "place of temporary detention" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 18, is repealed and the following substituted:

"place of temporary detention" means a place or facility designated as a place of temporary detention under subsection 7 (1) of the Young Offenders Act (Canada) or under subsection 30 (1) of the Youth Criminal Justice Act (Canada) and operated or maintained by the Minister or by a contractor; ("lieu de détention provisoire")

(13)  Subsection 8 (2) of the Act is amended by striking out "Young Offenders Act (Canada)" and substituting "Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada)".

(14)  Clause 10 (1) (a) of the Act is amended by striking out "Young Offenders Act (Canada)" and substituting "Young Offenders Act (Canada), the Youth Criminal Justice Act (Canada)".

(15)  Clause 43 (3) (b) of the Act is amended by striking out "and the Young Offenders Act (Canada)" and substituting "the Young Offenders Act (Canada) and the Youth Criminal Justice Act (Canada)".

(16)  Subsection 46 (1) of the Act is repealed and the following substituted:

Appointments by Minister

(1)  The Minister may appoint any person as,

(a) a provincial director, to perform any or all of the duties and functions of a provincial director,

(i) under the Young Offenders Act (Canada),

(ii) under the Youth Criminal Justice Act (Canada), and

(iii) under this Act or the regulations; and

(b) a youth worker, to perform any or all of the duties and functions of a youth worker,

(i) under the Young Offenders Act (Canada),

(ii) under the Youth Criminal Justice Act (Canada), and

(iii) under this Act or the regulations.

(17)  Subsection 47 (2) of the Act is repealed.

(18)  Subsection 48 (1) of the Act is amended by striking out "this Act and the Young Offenders Act (Canada)" at the end and substituting "this Act, the Young Offenders Act (Canada) and the Youth Criminal Justice Act (Canada)".

(19)  If section 42 of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2006 receives Royal Assent, subsection (18) is without effect.

(20)  Section 49 of the Act, before its re-enactment by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 44, is repealed and the following substituted:

Temporary detention

Open detention unless provincial director determines otherwise

49.  (1)  A young person who is detained under the Young Offenders Act (Canada) or the Youth Criminal Justice Act in a place of temporary detention shall be detained in a place of open temporary detention unless a provincial director determines under subsection (2) that the young person is to be detained in a place of secure temporary detention.

Where secure detention available

(2)  A provincial director may detain a young person who is detained under the Young Offenders Act (Canada) or the Youth Criminal Justice Act in a place of secure temporary detention,

(a) if the young person,

(i) is charged with an offence that includes causing or attempting to cause serious bodily harm to another person,

(ii) has, at any time, failed to appear in court when required to do so under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada), or escaped or attempted to escape from lawful detention, or

(iii) has, within the 12 months immediately preceding the offence on which the current charge is based, been convicted of an offence for which an adult would be liable to imprisonment for five years or more; or

(b) where the provincial director is satisfied that it is necessary to detain the young person in a place of secure temporary detention,

(i) to ensure the young person's attendance in court, or

(ii) to protect the public interest or safety.

Same

(3)  Despite subsection (1), a young person who is detained under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) in a place of temporary detention may be detained in a place of secure temporary detention for a period not exceeding 24 hours while a provincial director makes a determination in respect of the young person under subsection (2).

Review by youth justice court

(4)  A young person who is being detained in a place of secure temporary detention and is brought before a youth justice court for a review under the Criminal Code (Canada) may request that the youth justice court review the level of the young person's detention, and the youth justice court may confirm the provincial director's decision under subsection (2) or may direct that the young person be transferred to a place of open temporary detention.

(21)  If section 44 of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2006 receives Royal Assent, subsection (20) is without effect.

(22)  Clause 52 (1) (c) of the Act is amended by adding at the end "or reintegration leave under section 91 of the Youth Criminal Justice Act (Canada)".

(23)  Subclause 52 (5) (a) (iii) of the Act is repealed and the following substituted:

(iii) that the young person's temporary release under section 35 of the Young Offenders Act (Canada) or reintegration leave under section 91 of the Youth Criminal Justice Act (Canada) be authorized; or

(24)  Clause 53 (2) (b) of the Act is amended by striking out "section 35 of the Young Offenders Act (Canada)" and substituting "section 91 of the Youth Criminal Justice Act (Canada)".

(25)  Subsection 53 (4) of the Act is repealed and the following substituted:

Concurrent terms

(4)  Where a young person is committed to secure custody under the Young Offenders Act (Canada) or under the Youth Criminal Justice Act (Canada) and is sentenced concurrently to a term of imprisonment under the Provincial Offences Act, the term of imprisonment under the Provincial Offences Act shall be served in the same place as the disposition under the Young Offenders Act (Canada) or the sentence under the Youth Criminal Justice Act (Canada).

(26)  The definition of "young person in custody" in subsection 54 (1) of the Act is amended by adding at the end "or under the Youth Criminal Justice Act (Canada)".

Municipal Act, 2001

13.  Subsection 323 (2) of the Municipal Act, 2001 is amended by striking out "under section 24.1 of the Young Offenders Act (Canada)" and substituting "under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

Occupational Health and Safety Act

14.  Clause 43 (2) (c) of the Occupational Health and Safety Act is repealed and the following substituted:

(c) a person employed in the operation of,

(i) a correctional institution or facility,

(ii) a place of secure custody designated under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise,

(iii) a place of temporary detention under the Youth Criminal Justice Act (Canada), or

(iv) a similar institution, facility or place;

Ombudsman Act

15.  Subsection 16 (2) of the Ombudsman Act is repealed and the following substituted:

To be forwarded

(2)  Despite any provision of any Act, if a letter addressed to the Ombudsman is written by an inmate of a provincial correctional institution, a person held in a youth custody facility under the Youth Criminal Justice Act (Canada) or a patient in a provincial psychiatric facility, the letter shall be immediately forwarded, unopened, to the Ombudsman by the person for the time being in charge of the institution, youth custody facility or other facility.

Parental Responsibility Act, 2000

16.  (1)  The definition of "offence" in subsection 3 (1) of the Parental Responsibility Act, 2000 is repealed and the following substituted:

"offence" has the same meaning as in the Young Offenders Act (Canada) and the Youth Criminal Justice Act (Canada).

(2)  Subsection 3 (2) of the Act is amended by striking out "Young Offenders Act (Canada)" in the portion before clause (a) and substituting "Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada)".

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

Same

(3)  For the purposes of subsection (2), a copy of a sentence order under the Youth Criminal Justice Act (Canada) showing that the original order appeared to be signed by the officer having custody of the records of the court that made the order is, on proof of the identity of the child named as guilty of the offence in the order, sufficient evidence that the child was found guilty of the offence, without proof of the signature or of the official character of the person appearing to have signed the order.

(4)  Subsection 3 (4) of the Act is amended by striking out "Young Offenders Act (Canada)" and substituting "Youth Criminal Justice Act (Canada)".

(5)  Subsection 3 (5) of the Act is amended by striking out "Young Offenders Act (Canada)" in the portion before clause (a) and substituting "Youth Criminal Justice Act (Canada)".

(6)  Section 4 of the Act is amended,

(a) by striking out "Young Offenders Act (Canada)" and substituting "Youth Criminal Justice Act (Canada)"; and

(b) by striking out " Young Offenders Act " and substituting " Youth Criminal Justice Act ".

(7)  Clause 11 (a) of the Act is amended by striking out "paragraph 44.1 (1) (h) of the Young Offenders Act (Canada)" and substituting "paragraph 119 (1) (r) of the Youth Criminal Justice Act (Canada)".

Pay Equity Act

17.  Clause 1 (q) under the heading "MINISTRY OF COMMUNITY AND SOCIAL SERVICES" in the Appendix to the Schedule to the Pay Equity Act is amended by striking out "young offenders" and substituting "young persons".

Provincial Offences Act

18.  (1)  Section 103 of the Provincial Offences Act is amended by striking out "place of open custody designated under section 24.1 of the Young Offenders Act (Canada)" at the end and substituting "place of open custody designated under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

(2)  Subsection 107 (7) of the Act is amended by striking out "under subsection 7 (1) of the Young Offenders Act (Canada)" and substituting "under the Youth Criminal Justice Act (Canada)".

Public Service Act

19.  Clauses (f) and (g) of the definition of "facility" in subsection 32 (2) of the Public Service Act are repealed and the following substituted:

(f) a place of temporary detention under the Youth Criminal Justice Act (Canada),

(g) a youth custody facility under the Youth Criminal Justice Act (Canada), or

Commencement

Commencement

21.  (1)  Subject to subsections (2) to (7), this Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

Same

(2)  Subsection 2 (37) comes into force on the later of the day subsection 131 (2) of the Child and Family Services Act comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(3)  Subsection 2 (38) comes into force on the later of the day subsection 180 (2) of the Child and Family Services Act comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(4)  Subsection 9 (4) comes into force on the later of the day section 32 of the Rescuing Children from Sexual Exploitation Act, 2002 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(5)  Subsection 12 (3) comes into force on the later of the day subsection 18 (2) of Schedule N to the Government Efficiency Act, 2002 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(6)  Subsections 12 (6), (9) and (12) come into force on the later of the day subsection 18 (4) of Schedule N to the Government Efficiency Act, 2002 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

Same

(7)  Subsection 12 (15) comes into force on the later of the day section 41 of Schedule N to the Government Efficiency Act, 2002 comes into force and the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE E
MINISTRY OF COMMUNITY AND
SOCIAL SERVICES

Developmental Services Act

1.  Section 5 of the Developmental Services Act is amended by striking out "Minister of Health" and substituting "Minister of Health and Long-Term Care".

Ontario Disability Support
Program Act, 1997

2.  (1)  The definition of "benefits" in section 2 of the Ontario Disability Support Program Act, 1997 is repealed and the following substituted:

"benefits" means the prescribed items, services or payments, but does not include extended health benefits; ("prestations")

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

"extended health benefits" means the prescribed items, services or payments that are provided under section 49.1; ("prestations pour services de santé")

(3)  Section 14 of the Act is amended by adding the following subsections:

Overpayment a debt due to the Crown

(2.1)  An overpayment under this Act is a debt due to the Crown in right of Ontario.

. . . . .

Same, debts due to the Crown

(5)  In addition to the methods referenced in subsection (4), an overpayment that is a debt due to the Crown in right of Ontario may be recovered by any remedy or procedure available to the Crown by law.

(4)  Subsection 21 (1) of the Act is repealed and the following substituted:

Decisions that may be appealed

(1)  Any decision of the Director affecting eligibility for or the amount of income support, assistance under section 49 or extended health benefits under section 49.1, other than a decision referred to in subsection (2), may be appealed to the Tribunal.

(5)  The Act is amended by adding the following section:

Extended health benefits

49.l  In order to provide an incentive to recipients of income support to become self-sufficient and to support persons who were recipients in remaining self-sufficient, the Director may provide extended health benefits in accordance with the regulations to former recipients of income support who are members of a prescribed class of persons for their benefit and for the benefit of their dependants.

(6)  Subsection 55 (1) of the Act is amended by adding the following paragraphs:

30.1 governing appeals under this Act to the Divisional Court for the purposes of subsection 31 (1);

. . . . .

45.1 respecting the items, services and payments that may be included as extended health benefits;

45.2 prescribing classes of persons who may be provided with extended health benefits;

Ontario Works Act, 1997

3.  (1)  Section 19 of the Ontario Works Act, 1997 is amended by adding the following subsection:

Overpayment as debt

(2.1)  An overpayment by a delivery agent under this Act is a debt due to the delivery agent and may also be deemed by the Director to be a debt due to the Crown in right of Ontario.

(2)  The Act is amended by adding the following section:

Method of recovery, debt due to the Crown

22.1  The Crown in right of Ontario may recover an overpayment that is deemed to be a debt due to the Crown by any remedy or procedure that is available to the Crown by law if the administrator has given a recipient a notice in writing under section 21 and,

(a) the time for commencing an appeal to the Tribunal has expired and no appeal has been commenced; or

(b) the decision is appealed and an overpayment is determined by the decision of the Tribunal.

(3)  Subsection 62 (1) of the Act is repealed and the following substituted:

Chair and vice-chairs

(1)  The Lieutenant Governor in Council shall appoint one member of the Tribunal as Chair and one or more other members as vice-chair.

(4)  Subsection 74 (1) of the Act is amended by adding the following paragraph:

33.1 governing appeals under this Act to the Divisional Court for the purposes of subsection 36 (1);

Social Work and Social Service
Work Act, 1998

4.  The Social Work and Social Service Work Act, 1998 is amended by adding the following section:

Vacancies in Council

7.1  If one or more vacancies occur in the membership of the Council, the members remaining on the Council constitute the Council so long as their number is not fewer than the quorum established by section 7.

Commencement

Commencement

5.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE F
MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES

Ontario Society for the Prevention of Cruelty to Animals Act

2.  (1)  Subsection 12 (1) of the Ontario Society for the Prevention of Cruelty to Animals Act is repealed and the following substituted:

Search warrant

(1)  Where a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that there is in any building or place, other than a public place, an animal that is in distress, he or she may at any time issue a warrant authorizing one or more inspectors or agents of the Society named in the warrant to enter the building or place, either alone or accompanied by one or more veterinarians or other persons as the inspectors or agents consider advisable, and inspect the building or place and all animals found there for the purpose of ascertaining whether there is any animal in distress.

(2)  Subsection 12 (2) of the Act is repealed and the following substituted:

Entry without warrant

(2)  Where an inspector or agent of the Society observes an animal in immediate distress, he or she may enter without a warrant any premises, building or place, other than a dwelling place, either alone or accompanied by one or more veterinarians or other persons as he or she considers advisable, for the purposes of subsections (3) and (5) and sections 13 and 14.

(3)  Subsection 12 (4) of the Act is repealed and the following substituted:

When warrant to be executed

(4)  Every warrant issued under subsection (1) or (1.1) shall,

(a) specify the times, which may be at any time during the day or night, during which the warrant may be carried out; and

(b) state when the warrant expires.

3.  (1)  Subsection 15 (1) of the Act is repealed and the following substituted:

Liability of owner for expenses

(1)  Where an inspector or an agent of the Society has provided an animal with food, care or treatment, the Society may serve upon the owner or custodian of the animal, by personal service or by registered mail to the owner's or custodian's last known place of address, a statement of account respecting the food, care or treatment and the owner or custodian is, subject to subsection 17 (6), liable for the amount specified in the statement of account.

(2)  Subsection 15 (2) of the Act is amended by striking out "five days" and substituting "five business days".

4.  (1)  Subsection 17 (1) of the Act is amended by striking out "five days" and substituting "five business days".

(2)  Section 17 of the Act is amended by adding the following subsection:

Same

(1.1)  The notice shall set out the remedy or action sought and the reasons for the appeal or request.

(3)  Subsection 17 (3) of the Act is amended by striking out "five days" in the portion before clause (a) and substituting "five business days".

(4)  Subsection 17 (4) of the Act is amended by striking out "ten days" and substituting "10 business days".

5.  (1)  Subsection 18 (2) of the Act is amended by striking out "fifteen days" and substituting "15 business days".

(2)  Subsection 18 (3) of the Act is amended by striking out "two days" and substituting "two business days".

Police Services Act

6.  Section 17 of the Police Services Act is amended by adding the following subsections:

Deputy Commissioners

(3)  The Lieutenant Governor in Council may appoint one or more deputy Commissioners, who shall act in the place of the Commissioner if he or she is absent or unable to act, and who, when so acting, may exercise all the powers and perform all the duties of the Commissioner.

Delegation

(3.1)  The Commissioner may delegate in writing any of his or her powers and duties under this Act to a deputy Commissioner, subject to any limitations, conditions and requirements set out in the delegation.

Commencement

Commencement

7.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE G
MINISTRY OF GOVERNMENT SERVICES
(FORMER MINISTRY OF CONSUMER AND BUSINESS SERVICES

Bailiffs Act

1.  (1)  Section 9.5 of the Bailiffs Act is amended by striking out the portion before clause (a) and substituting the following:

Refusal to renew, revocation, suspension

9.5  Subject to section 10, the Registrar may refuse to renew the registration of an assistant bailiff who applies for its renewal in accordance with section 9.1, may revoke or suspend a registration or may revoke an appointment described in clause 3.1 (b) or an authorization described in clause 3.1 (c) if, in the opinion of the Registrar, the assistant bailiff,

. . . . .

(2)  Clause 9.5 (c) of the Act is repealed and the following substituted:

(c) has breached a term or condition of the registration, appointment or authorization;

(3)  Subsection 15 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Forfeiture of bond

(1)  The Minister may direct that the bond of a bailiff whose appointment has been revoked, or the bond of an assistant bailiff whose registration has been revoked, whose registration has expired and not been renewed, or whose appointment described in clause 3.1 (b) or authorization described in clause 3.1 (c) has been revoked, be forfeited, if,

. . . . .

Business Corporations Act

2.  Subsection 5 (2) of the Business Corporations Act is repealed and the following substituted:

Director's consent

(2)  The corporation shall keep at its registered office address the consent, in the prescribed form, to act as a first director,

(a) of each individual who is named in the articles as a first director and who is not an incorporator; and

(b) of each individual who is named in the articles as a first director and who is an incorporator, if the articles are sent to the Director in a prescribed electronic format and the electronic signature of the individual is not set out on the articles under clause 273 (4) (a) because the regulations provide that the signature is not required.

Land Titles Act

4.  (1)  Subsection 28 (1) of the Land Titles Act is repealed and the following substituted:

If incapable persons interested

(1)  If a minor, mentally incapable person, person of unsound mind, person absent from Canada or person yet unborn is interested in land in respect of the title to which a question arises, any person interested in the land may apply to the Divisional Court for a direction that the opinion of the court in the case stated to it under this Act shall be conclusively binding on the minor, mentally incapable person, person of unsound mind, person absent from Canada or unborn person.

(2)  Subsection 28 (3) of the Act is repealed and the following substituted:

Power to appoint guardian

(3)  The Divisional Court may also, if necessary, appoint a guardian or other person to appear on behalf of a minor, mentally incapable person, person of unsound mind, person absent from Canada or unborn person.

(3)  Paragraph 12 of subsection 44 (1) of the Act is amended by striking out "section 81 of the Railway Act (Canada), or any predecessor thereof" and substituting "section 104 of the Canada Transportation Act (Canada), or any predecessor of it".

Marriage Act

6.  Section 7 of the Marriage Act is repealed and the following substituted:

Persons lacking mental capacity

7.  No person shall issue a licence to or solemnize the marriage of any person who, based on what he or she knows or has reasonable grounds to believe, lacks mental capacity to marry by reason of being under the influence of intoxicating liquor or drugs or for any other reason.

Ministry of Consumer and
Business Services Act

7.  The Ministry of Consumer and Business Services Act is amended by adding the following section:

No personal liability

8.  (1)  No action or other proceeding for damages shall be instituted against a person mentioned in subsection (2) for any act done in good faith in the execution or intended execution of any of the person's duties or powers or for any alleged neglect or default in the execution in good faith of any of the person's duties or powers.

Same

(2)  Subsection (1) applies to the following persons:

1. The Deputy Minister and anyone acting under the authority of the Deputy Minister.

2. The Director and anyone acting under the authority of the Director.

3. A director or deputy director under an Act administered by the Minister and anyone acting under the authority of such director or deputy director.

4. A Registrar, registrar and deputy registrar under an Act administered by the Minister and anyone acting under the authority of such Registrar, registrar or deputy registrar.

5. An inspector under an Act administered by the Minister.

6. An investigator under an Act administered by the Minister.

7. A member of a discipline committee or of an appeals committee under an Act administered by the Minister.

Liability of Crown

(3)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject in respect of a tort committed by a person mentioned in subsection (2).

Ministry of Consumer and Business Services Statute Law Amendment Act, 2004

8.  Section 20 of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is repealed.

Partnerships Act

9.  (1)  The English version of subsection 44.3 (3) of the Partnerships Act is repealed and the following substituted:

Firm name

(3)  The firm name of a limited liability partnership mentioned in subsection (1) shall contain the words "limited liability partnership" or "société à responsabilité limitée" or the abbreviations "LLP", "L.L.P." or "s.r.l." as the last words or letters of the firm name.

(2)  Section 44.3 of the Act is amended by adding the following subsections:

Same

(3.1)  A limited liability partnership mentioned in subsection (1) may have a firm name that is in,

(a) an English form only;

(b) a French form only;

(c) a French and English form, where the French and English are used together in a combined form; or

(d) a French form and an English form, where the French and English forms are equivalent but are used separately.

Same

(3.2)  A limited liability partnership mentioned in subsection (1) that has a firm name described in clause (3.1) (d) may be legally designated by the French or English version of its firm name.

(3)  The English version of subsection 44.4 (1) of the Act is amended by striking out "its name" and substituting "its firm name".

Personal Property Security Act

10.  (1)  Subsection 68 (4) of the Personal Property Security Act is repealed and the following substituted:

Service by registered mail

(4)  A notice or document given or served by registered mail shall be deemed to have been given, delivered or served when the addressee actually receives the notice or document or upon the expiry of 10 days after the day of registration, whichever is earlier.

(2)  Subsection 74 (2) of the Act is amended by striking out "Lieutenant Governor in Council" wherever it appears in the portion before clause (a) and substituting in each case "Minister responsible for the administration of this Act".

Real Estate and Business Brokers Act, 2002

11.  (1)  The French version of clause 25 (1) (c) of the Real Estate and Business Brokers Act, 2002 is amended by adding "représenté ou non par elle" after "d'un client".

(2)  The French version of subsection 25 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Conditions

(2)  Le directeur peut prendre une ordonnance en vertu du paragraphe (1) s'il l'estime souhaitable pour la protection des clients représentés ou non par une personne inscrite ou une ancienne personne inscrite et :

. . . . .

(3)  The French version of clause 25 (9) (a) of the Act is amended by striking out "clients du requérant" and substituting "clients représentés ou non par le requérant".

(4)  The French version of subclause 25.1 (1) (b) (i) of the Act is amended by adding "représentés ou non par elle" after "de clients".

(5)  The French version of subclause 25.1 (2) (b) (ii) of the Act is amended by adding "représenté ou non par elle" after "d'un client".

Repair and Storage Liens Act

12.  (1)  Subsection 3 (2) of the Repair and Storage Liens Act is repealed and the following substituted:

When lien arises

(2)  A repairer's lien arises and takes effect when the repair is commenced, except that no repairer's lien arises if the repairer was required to comply with sections 56 and 57, subsection 58 (1) and section 59 of the Consumer Protection Act, 2002, if applicable, and the repairer has not done so.

Amount of lien

(2.1)  In cases where Part VI of Consumer Protection Act, 2002 applies, the amount of a repairer's lien under subsection (2) shall not exceed,

(a) the amount that the repairer is authorized to charge for the repair under subsection 58 (2) and section 64 of the Consumer Protection Act, 2002, if those provisions apply to the repairer; and

(b) the maximum amount authorized by the person who requested the repair, if section 56 of the Consumer Protection Act, 2002 applies to the person.

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

When lien arises

(3)  A storer's lien arises and takes effect when the storer receives possession of the article for storage or storage and repair, except that no storer's lien arises with respect to repair if the storer was required to comply with sections 56 and 57, subsection 58 (1) and section 59 of the Consumer Protection Act, 2002, if applicable, and the storer has not done so.

Amount of lien

(3.1)  In cases where Part VI of Consumer Protection Act, 2002 applies, if a storer receives possession of an article for storage and repair, the amount of the storer's lien under subsection (3) shall not exceed,

(a) the amount of the charge for the storage, together with the amount that the storer is authorized to charge for the repair under subsection 58 (2) and section 64 of the Consumer Protection Act, 2002, if those provisions apply to the storer; and

(b) the amount of the charge for the storage, together with the maximum amount authorized by the person who requested the repair, if section 56 of the Consumer Protection Act, 2002 applies to the person.

Safety and Consumer Statutes Administration Act, 1996

13.  (1)  The Safety and Consumer Statutes Administration Act, 1996 is amended by adding the following section:

No personal liability

11.1  (1)  No action or other proceeding for damages shall be instituted against a person mentioned in subsection (2), for any act done in good faith in the execution or intended execution of any duty or power under designated legislation or a Minister's order made under designated legislation, or for any alleged neglect or default in the execution in good faith of that duty or power.

Same

(2)  Subsection (1) applies to the following persons:

1. A Director or director to whom designated legislation gives duties or powers.

2. A deputy director,

i. to whom duties are assigned by a director referred to in paragraph 1, or

ii. who is acting as a director referred to in paragraph 1.

3. A Registrar or registrar.

4. A deputy registrar,

i. to whom duties are assigned by a registrar, or

ii. who is acting as a registrar.

5. An inspector.

6. An investigator.

7. An officer of a designated administrative authority.

8. A person whom a designated administrative authority employs or whose services the authority retains under subsection 9 (1).

9. An agent of a designated administrative authority.

10. A member of a discipline committee or of an appeals committee under designated legislation.

Liability of designated administrative authority

(3)  Subsection (1) does not relieve a designated administrative authority or a member of the board of directors of a designated administrative authority of liability to which it, he or she would otherwise be subject in respect of the acts or omissions of a person mentioned in subsection (2).

(2)  Subsection 12 (1) of the Act is amended by striking out "and" at the end of clause (a) and by adding the following clauses:

(c) set payments that persons are required to make to any fund or account established or continued under the designated legislation whose administration is delegated to it if it does so in accordance with the process and criteria that it establishes and that the Minister has approved; and

(d) make rules governing the payment of the fees, administrative penalties, costs and charges described in clause (b) and the payments described in clause (c).

(3)  Section 12 of the Act is amended by adding the following subsection:

Setting fees

(1.1)  In setting the fees, administrative penalties, costs and charges described in clause (1) (b) and the payments described in clause (1) (c), a designated administrative authority may specify the amounts of them or the method for determining the amounts.

(4)  Subsection 12 (2) of the Act is amended by striking out "or other charges" in the portion before clause (a) and substituting "other charges or payments".

(5)  Subsection 12 (3) of the Act is amended by striking out "and other charges" and substituting "other charges and payments".

Vital Statistics Act

14.  (1)  Subsection 7.1 (1) of the Vital Statistics Act is amended by striking out "Ministry of Health" at the end and substituting "Ministry of Health and Long-Term Care".

(2)  Subsection 7.1 (2) of the Act is amended by striking out "Minister of Health" and substituting "Minister of Health and Long-Term Care".

Commencement

Commencement

15.  (1)  Subject to subsections (2) to (5), this Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

Same

(2)  Section 2 and subsection 9 (2) come into force on a day to be named by proclamation of the Lieutenant Governor.

Same

(3)  Subsections 11 (1), (2) and (3),

(a) come into force on the day section 25 of the Real Estate and Business Brokers Act, 2002 comes into force, if the Good Government Act, 2006 receives Royal Assent before section 25 of the Real Estate and Business Brokers Act, 2002 comes into force; or

(b) shall be deemed to have come into force on the day section 25 of the Real Estate and Business Brokers Act, 2002 comes into force, if section 25 of the Real Estate and Business Brokers Act, 2002 comes into force before the Good Government Act, 2006 receives Royal Assent.

Same

(4)  Subsections 11 (4) and (5),

(a) come into force on the day subsection 18 (17) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force, if the Good Government Act, 2006 receives Royal Assent before subsection 18 (17) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force; or

(b) shall be deemed to have come into force on the day subsection 18 (17) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force, if subsection 18 (17) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force before the Good Government Act, 2006 receives Royal Assent.

Same

(5)  Section 12 comes into force on the later of the day the Good Government Act, 2006 receives Royal Assent and the day section 56 of the Consumer Protection Act, 2002 comes into force.

SCHEDULE H
MINISTRY OF CULTURE

Royal Ontario Museum Act

1.  Subsection 2 (2) of the Royal Ontario Museum Act is repealed and the following substituted:

Fiscal year

(2)  The fiscal year of the Museum shall be as follows:

1. Until June 30, 2005, the fiscal year begins on July 1 in each year and ends on June 30 of the following year.

2. For the year beginning July 1, 2005, the fiscal year runs nine months and ends on March 31, 2006.

3. Beginning April 1, 2006, the fiscal year begins on April 1 in each year and ends on March 31 of the following year.

Tartan Act, 2000

2.  The second paragraph of the Schedule to the Tartan Act, 2000, being the description of the first block of colour in 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

Commencement

3.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE I
MINISTRY OF ECONOMIC DEVELOPMENT
AND TRADE

Development Corporations Act

1.  (1)  The definition of "Minister" in subsection 1 (1) of the Development Corporations Act is repealed and the following substituted:

"Minister" means the Minister of Economic Development and Trade; ("ministre")

(2)  Clause 13 (1) (e) of the Act is amended by striking out " Ministry of Industry, Trade and Technology Act " and substituting " Ministry of Economic Development and Trade Act ".

Executive Council Act

2.  Subsection 2 (1) of the Executive Council Act is amended by striking out "Minister of Industry, Trade and Technology" and substituting "Minister of Economic Development and Trade".

IDEA Corporation Act, 1981

3.  (1)  The IDEA Corporation Act, 1981 is repealed.

Same, regulation

(2)  Ontario Regulation 203/86 is revoked.

Ministry of Industry, Trade
and Technology Act

4.  (1)  The short title of the Ministry of Industry, Trade and Technology Act is repealed and the following substituted:

Ministry of Economic Development
and Trade Act

(2)  The following provisions of the Act are amended by striking out "Industry, Trade and Technology" wherever that expression appears substituting in each case "Economic Development and Trade":

1. Section 1, definitions of "Deputy Minister", "Minister" and "Ministry".

2. Subsection 5 (1).

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

Ministry continued

2.  The ministry of the public service formerly known as the Ministry of Industry, Trade and Technology is continued under the name Ministry of Economic Development and Trade in English and ministère du Développement économique et du Commerce in French.

(4)  The Act is amended by adding the following section:

Advisory committees

6.1  The Lieutenant Governor in Council or the Minister may,

(a) establish committees to advise the Minister on the discharge of the Minister's powers and duties that are specified in the appointment;

(b) appoint the chairs and vice-chairs of the committees; and

(c) set the remuneration and expenses of the members of the committees.

Commencement

Commencement

5.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE J
DISSOLUTION OF INACTIVE
CORPORATIONS ACT, 2006

Dissolution of corporations

1.  (1)  The following corporations are dissolved:

1. IDEA Information Technology Fund Inc., a corporation incorporated under the Business Corporations Act as corporation number 527287 on November 4, 1982.

2. IDEA Innovation Fund Inc., a corporation incorporated under the Business Corporations Act as corporation number 527292 on November 4, 1982.

3. IDEA Research Investment Fund Inc., a corporation incorporated under the Business Corporations Act as corporation number 542930 on March 11, 1983.

4.Ontario Investment Service Inc., a corporation incorporated under the Business Corporations Act as corporation number 1096710 on September 15, 1994.

5. Ontario VL Corporation Ltd., a corporation incorporated under the Business Corporations Act as corporation number 1240201 on May 30, 1997.

Certificate of incorporation

(2)  The certificate of incorporation of each of the corporations mentioned in subsection (1) is cancelled.

Assets and liabilities

(3)  All assets and liabilities that each of the corporations mentioned in subsection (1) had on the day immediately before this section comes into force are vested in and become the assets and liabilities of the Crown, without compensation.

Commencement

2.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

Short title

3.  The short title of the Act set out in this Schedule is the Dissolution of Inactive Corporations Act, 2006.

SCHEDULE K
MINISTRY OF THE ENVIRONMENT

Environmental Bill of Rights, 1993

1.  (1)  Subsection 116 (1) of the Environmental Bill of Rights, 1993 is amended by striking out "the Labour Relations Act" and substituting "the Labour Relations Act, 1995".

(2)  Subsection 116 (2) of the Act is amended by striking out "Sections 108, 110, 111 and 112 of the Labour Relations Act" at the beginning and substituting "Sections 114, 116, 117 and 118 of the Labour Relations Act, 1995".

Environmental Protection Act

2.  (1)  The French version of subsection 94 (6) of the Environmental Protection Act is amended by striking out "d'être entendu" and substituting "de demander une audience".

(2)  The French version of subsection 96 (4) of the Act is amended by striking out "d'être entendu" and substituting "de demander une audience".

(3)  The French version of subsection 97 (6) of the Act is amended by striking out "d'être entendu" and substituting "de demander une audience".

(4)  Section 168.2 of the Act is amended by striking out "168.9 (2)" and substituting "168.9 (12)".

(5)  Subsection 168.6 (1) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Certificate of property use

(1)  If a risk assessment relating to a property has been accepted under clause 168.5 (1) (a), the Director may issue a certificate of property use to the owner of the property, requiring the owner to do any of the following things:

. . . . .

(6)  Paragraph 1 of subsection 168.6 (1) of the Act is amended by,

(a) striking out "any action specified in the certificate that" and substituting "any action on the property that is specified in the certificate and that"; and

(b) striking out "any adverse effect on the property" and substituting "any adverse effect".

(7)  Subsections 168.13 (4) and (5) of the Act are repealed and the following substituted:

Time period

(4)  Subsection (1) only applies to the municipality or municipal representative in respect of the period that begins on the day the municipality became the owner of the property by virtue of the registration of the notice of vesting and ends on the earlier of the following days:

1. The fifth anniversary of the day the municipality became the owner of the property by virtue of the registration of the notice of vesting.

2. The day the municipality ceases to be the owner of the property.

Extension of period

(5)  The Director may extend the period referred to in subsection (4), before or after it expires, on such terms and conditions as he or she considers appropriate, but the period may not be extended beyond the day the municipality ceases to be the owner of the property.

(8)  Subsections 168.18 (3) and (4) of the Act are repealed and the following substituted:

Time period

(3)  Subsection (1) only applies to the secured creditor or secured creditor representative in respect of the period that begins on the day the secured creditor became the owner of the property by virtue of a foreclosure and ends on the earlier of the following days:

1. The fifth anniversary of the day the secured creditor became the owner of the property by virtue of a foreclosure.

2. The day the secured creditor ceases to be the owner of the property.

Extension of period

(4)  The Director may extend the period referred to in subsection (3), before or after it expires, on such terms and conditions as he or she considers appropriate, but the period may not be extended beyond the day the secured creditor ceases to be the owner of the property.

(9)  Subsection 174 (14) of the Act is amended by striking out "Labour Relations Act" and substituting "Labour Relations Act, 1995".

(10)  The French version of subsection 190 (2) of the Act is repealed and the following substituted:

Autres conditions

(2)  Une ordonnance rendue en vertu du paragraphe (1) peut être assortie des autres conditions relatives aux circonstances de l'infraction et à la situation de la personne qui ont contribué à la commission de l'infraction que le tribunal juge opportunes pour empêcher d'autres actes illicites du même genre ou pour contribuer à la réadaptation de la personne.

Ontario Water Resources Act

4.  (1)  Clause 13 (5) (a) of the Ontario Water Resources Act is amended by striking out "the issuance of the order" and substituting "the issuance of the direction, notice or order".

(2)  Subsection 30 (2) of the Act is amended by striking out "shall forthwith notify the Minister" and substituting "shall forthwith notify the Ministry".

(3)  Subsections 89.7 (3) and (4) of the Act are repealed and the following substituted:

Time period

(3)  Subsection (1) only applies to the municipality or municipal representative in respect of the period that begins on the day the municipality became the owner of the property by virtue of the registration of the notice of vesting and ends on the earlier of the following days:

1. The fifth anniversary of the day the municipality became the owner of the property by virtue of the registration of the notice of vesting.

2. The day the municipality ceases to be the owner of the property.

Extension of period

(4)  The Director may extend the period referred to in subsection (3), before or after it expires, on such terms and conditions as he or she considers appropriate, but the period may not be extended beyond the day the municipality ceases to be the owner of the property.

(4)  Subsections 89.10 (3) and (4) of the Act are repealed and the following substituted:

Time period

(3)  Subsection (1) only applies to the secured creditor or secured creditor representative in respect of the period that begins on the day the secured creditor became the owner of the property by virtue of a foreclosure and ends on the earlier of the following days:

1. The fifth anniversary of the day the secured creditor became the owner of the property by virtue of a foreclosure.

2. The day the secured creditor ceases to be the owner of the property.

Extension of period

(4)  The Director may extend the period referred to in subsection (3), before or after it expires, on such terms and conditions as he or she considers appropriate, but the period may not be extended beyond the day the secured creditor ceases to be the owner of the property.

(5)  The French version of subsection 112 (2) of the Act is repealed and the following substituted:

Autres conditions

(2)  Une ordonnance rendue en vertu du paragraphe (1) peut être assortie des autres conditions relatives aux circonstances de l'infraction et à la situation de la personne qui ont contribué à la commission de l'infraction que le tribunal juge opportunes pour empêcher d'autres actes illicites du même genre ou pour contribuer à la réadaptation de la personne.

Pesticides Act

5.  The French version of subsection 46 (2) of the Pesticides Act is repealed and the following substituted:

Autres conditions

(2)  Une ordonnance rendue en vertu du paragraphe (1) peut être assortie des autres conditions relatives aux circonstances de l'infraction et à la situation de la personne qui ont contribué à la commission de l'infraction que le tribunal juge opportunes pour empêcher d'autres actes illicites du même genre ou pour contribuer à la réadaptation de la personne.

Commencement

Commencement

7.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE L
MINISTRY OF HEALTH AND LONG-TERM CARE

Drug Interchangeability and
Dispensing Fee Act

2.  Section 1 of the Drug Interchangeability and Dispensing Fee Act is amended by adding the following definition:

"Minister" means the Minister of Health and Long-Term Care; ("ministre")

Health Care Consent Act, 1996

3.  The Health Care Consent Act, 1996 is amended by adding the following section:

Limit on jurisdiction

70.1  (1)  The Board shall not inquire into or make a decision concerning the constitutional validity of a provision of an Act or a regulation.

Same

(2)  Subsection (1) shall be deemed always to have applied to the Board, but its enactment does not affect any proceeding that was finally determined before the date on which this section came into force.

Health Insurance Act

4.  (1)  Clause 4 (2) (b) of the Health Insurance Act is repealed and the following substituted:

(b) to carry out registrations in the Plan, including the determination of eligibility and the verification of eligibility;

(2)  Subsection 4.1 (1) of the Act is amended by striking out "the Health Care Accessibility Act" and substituting "the Commitment to the Future of Medicare Act, 2004".

(3)  Subsection 4.1 (2) of the Act is amended by striking out "the Health Care Accessibility Act" and substituting "the Commitment to the Future of Medicare Act, 2004".

(4)  Subsection 4.1 (3) of the Act is amended by striking out "the Health Care Accessibility Act" and substituting "the Commitment to the Future of Medicare Act, 2004".

(6)  The English version of subsection 14 (5) of the Act is repealed and the following substituted:

Exception

(5)  Subsections (1) and (2) do not apply during the period that a person who is a resident must wait to be registered as an insured person.

(7)  Subsection 37 (1) of the Act is amended by striking out "the Health Care Accessibility Act" and substituting "the Commitment to the Future of Medicare Act, 2004".

(8)  Clause 45 (1) (a.1) of the Act is repealed and the following substituted:

(a.1) providing for the registration of persons as insured persons and prescribing waiting periods for registration;

Health Protection and Promotion Act

5.  Clause 91.1 (5) (b) of the Health Protection and Promotion Act is repealed and the following substituted:

(b) disclosure of the names or other identifying information is otherwise authorized under the Freedom of Information and Protection of Privacy Act, the Municipal Freedom of Information and Protection of Privacy Act, or the Personal Health Information Protection Act, 2004.

Independent Health Facilities Act

6.  (1)  Subsection 37.1 (1) of the Independent Health Facilities Act is amended by striking out "Health Care Accessibility Act" and substituting "Commitment to the Future of Medicare Act, 2004".

(2)  Subsection 37.1 (2) of the Act is amended by striking out " Health Care Accessibility Act " and substituting " Commitment to the Future of Medicare Act, 2004 ".

(3)  Subsection 37.1 (3) of the Act is amended by striking out " Health Care Accessibility Act " and substituting " Commitment to the Future of Medicare Act, 2004 ".

(4)  Subsection 37.1 (4) of the Act is amended by striking out " Health Care Accessibility Act " and substituting " Commitment to the Future of Medicare Act, 2004 ".

Laboratory and Specimen Collection
Centre Licensing Act

7.  (1)  Sections 2, 3 and 4 of the Laboratory and Specimen Collection Centre Licensing Act are repealed.

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

"laboratory" means an institution, building or place in which operations and procedures for the microbiological, serological, chemical, hematological, biophysical, immunohematological, cytological, pathological, cytogenetic, molecular genetic or genetic examination, or such other examinations as are prescribed by the regulations, of specimens taken from the human body are performed to obtain information for diagnosis, prophylaxis or treatment; ("laboratoire")

(3)  Section 5 of the Act is amended by adding the following definition:

"quality management program" means a quality management program provided for in section 19; ("programme de gestion de la qualité")

(4)  Subsections 9 (14) and (15) of the Act are repealed and the following substituted:

Conditions to laboratory licence

(14)  It is a condition of a licence for a laboratory that,

(a) the operation of the laboratory meet the requirements of a quality management program;

(b) the owner and the operator of the laboratory permit an agency designated in the regulations to carry out a quality management program;

(c) the owner of the laboratory pay the fees prescribed by the regulations for an assessment under a quality management program.

Same

(15)  Where an agency designated in the regulations to carry out a quality management program reports to the Director that the operation of a laboratory does not meet the requirements of the program, the Director may impose any conditions upon the laboratory's licence that the Director considers necessary or advisable in order that the health of the public be protected.

(6)  Clause 18 (k) of the Act is repealed.

(7)  Clauses 18 (q) and (r) of the Act are repealed and the following substituted:

(q) prescribing fees for assessments under a quality management program;

(r) designating an agency or agencies to carry out a quality management program.

(8)  Sections 19 and 20 of the Act are repealed and the following substituted:

Agreement

19.  The Minister may enter into an agreement with an agency or agencies designated in the regulations to provide for the carrying out of a quality management program acceptable to the Director.

Committee

20.  The Minister may establish a committee of not fewer than five persons for the purpose of recommending to the Minister standards and procedures for assessments under a quality management program.

(9)  Subsection 22 (1) of the Act is repealed and the following substituted:

Offences

(1)  Subject to subsection (2), a person who contravenes any provision of this Act or of the regulations for which no other penalty is provided is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both;

(b) for a subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months, or to both.

Long-Term Care Act, 1994

8.  Subsection 6 (3) of the Long-Term Care Act, 1994 is amended by striking out "section 7" and substituting "section 5".

Ministry of Health Appeal and Review Boards Act, 1998

9.  Paragraph 4 of subsection 6 (1) of the Ministry of Health Appeal and Review Boards Act, 1998 is repealed and the following substituted:

4. The Commitment to the Future of Medicare Act, 2004.

Quality of Care Information
Protection Act, 2004

10.  (1)  Subsection 4 (5) of the Quality of Care Information Protection Act, 2004 is amended by striking out "subsection (3) or (4)" and substituting "subsection (3), (4) or (6)".

(2)  Section 6 of the Act is amended by striking out "section 4" at the end and substituting "section 3".

Regulated Health Professions Act, 1991

11.  (1)  Section 8 of Schedule 2 to the Regulated Health Professions Act, 1991 is amended by striking out "Minister of Health" and substituting "Minister".

(2)  Clause 95 (2.1) (d) of Schedule 2 to the Act is amended by striking out "subsection 26 (3)" and substituting "subsection 26 (2)".

General

12.  (1)  In the Tables to this section, Acts are set out in Column 1, and provisions of those Acts in Column 2.

(2)  The provisions of the Acts provided for in Table 1 are amended by striking out "Minister of Health" wherever it appears and substituting in each case "Minister of Health and Long-Term Care".

(3)  The provisions of the Acts provided for in Table 2 are amended by striking out "Ministry of Health" wherever it appears and substituting in each case "Ministry of Health and Long-Term Care".

(4)  The provisions of the Acts provided for in Table 3 are amended by striking out "Deputy Minister of Health" wherever it appears and substituting in each case "Deputy Minister of Health and Long-Term Care".

(5)  The provisions of the Acts provided for in Table 4 are amended by striking out "Treasurer of Ontario" wherever it appears and substituting in each case "Minister of Finance".

TABLE 1

Column 1

Column 2

Alcoholism and Drug Addiction Research Foundation Act

section 1, definition of "Minister"

Cancer Act

subsection 13 (1)

 

subsection 13 (2)

Capital Investment Plan Act, 1993

subsection 29 (1), definition of "public body"

 

subsection 33 (3)

 

subsection 33 (4) in the portion before paragraph 1

 

subsection 33 (9)

Community Psychiatric Hospitals Act

section 1, definition of "Minister"

Drug and Pharmacies Regulation Act

subsection 1 (1), definition of "Minister"

Healing Arts Radiation Protection Act

subsection 1 (1), definition of "Minister"

Health Insurance Act

section 1, definition of "Minister"

Health Protection and Promotion Act

subsection 1 (1), definition of "Minister"

Homemakers and Nurses Services Act

subsection 8 (2)

 

subsection 8 (3)

 

subsection 9 (2)

 

clause 12 (1) (i)

Homes for Special Care Act

section 1, definition of "Minister"

Independent Health Facilities Act

subsection 1 (1), definition of "Minister"

Laboratory and Specimen Collection Centre Licensing Act

section 1, definition of "Minister"

Long-Term Care Act, 1994

subsection 2 (1), definition of "Minister"

Mental Hospitals Act

section 1, definition of "Minister"

Ministry of Health Appeal and Review Boards Act, 1998

subsection 3 (1)

 

subsection 7 (1)

 

section 10

Municipal Health Services Act

section 1, definition of "Minister"

Ontario Drug Benefit Act

section 1, definition of "Minister"

Ontario Mental Health Foundation Act

subsection 13 (1)

 

subsection 13 (2)

 

subsection 15 (1)

 

subsection 26 (1)

 

subsection 26 (2)

Private Hospitals Act

section 1, definition of "Minister"

Public Hospitals Act

section 1, definition of "Minister"

Public Sector Salary Disclosure Act, 1996

subsection 2 (1), clause (f) of the definition of "public sector"

Regulated Health Professions Act, 1991

subsection 1 (1), definition of "Minister"

 

subsection 1 (1) of Schedule 2, definition of "Minister"

TABLE 2

Column 1

Column 2

Capital Investment Plan Act, 1993

subsection 33 (3)

Corporations Tax Act

clause 13.3 (9) (e)

Healing Arts Radiation Protection Act

section 19

 

subsection 20 (1)

Health Insurance Act

subsection 38 (3)

Health Protection and Promotion Act

subsection 1 (1), definition of "Ministry"

 

subsection 12 (2)

Income Tax Act

clause 8.4 (7) (e)

Independent Health Facilities Act

subsection 1 (1), definition of "Ministry"

Insurance Act

subsection 14.1 (1)

 

paragraph 37.0.1 of subsection 121 (1)

 

subsection 267.8 (5)

 

clause 267.8 (18) (a)

Laboratory and Specimen Collection Centre Licensing Act

section 1, definition of "Ministry"

Long-Term Care Act, 1994

subsection 2 (1), definition of "Ministry"

Mental Hospitals Act

section 1, definition of "Ministry"

Private Hospitals Act

section 1, definition of "Ministry"

Provincial Schools Negotiations Act

section 1, clause (c) of the definition of "school"

Public Hospitals Act

section 1, definition of "Ministry"

TABLE 3

Column 1

Column 2

Health Insurance Act

section 1, definition of "Deputy Minister"

Health Protection and Promotion Act

subsection 80 (4)

Mental Hospitals Act

section 1, definition of "Deputy Minister"

TABLE 4

Column 1

Column 2

Drug and Pharmacies Regulation Act

paragraph 3 of subsection 140 (3.1)

Health Insurance Act

subsection 3 (1)

 

subsection 31 (2)

 

section 35

______________

Commencement


Commencement

13.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE M
MINISTRY OF LABOUR

Employment Standards Act, 2000

1.  (1)  The Employment Standards Act, 2000 is amended by adding the following section:

Director may reassign an investigation

88.1  (1)  The Director may terminate the assignment of an employment standards officer to the investigation of a complaint and may assign the investigation to another employment standards officer.

Same

(2)  If the Director terminates the assignment of an employment standards officer to the investigation of a complaint,

(a) the officer whose assignment is terminated shall no longer have any powers or duties with respect to the investigation of the complaint or the discovery during the investigation of any similar potential entitlement of another employee of the employer related to the complaint; and

(b) the new employment standards officer assigned to the investigation may rely on evidence collected by the first officer and any findings of fact made by that officer.

Inspections

(3)  This section applies with necessary modifications to inspections of employers by employment standards officers.

(2)  Clause 91 (6) (a) of the Act is amended by striking out "that is relevant" and substituting "that the officer thinks may be relevant".

(3)  Subsection 118 (3) of the Act is repealed and the following substituted:

Effective date of rules under subs. (2)

(3)  A rule made under subsection (2) comes into force on the day determined by order of the Lieutenant Governor in Council.

Fire Protection and Prevention Act, 1997

2.  Section 49 of the Fire Protection and Prevention Act, 1997 is amended by adding the following subsection:

Application of the Labour Relations Act, 1995

(5)  The following provisions of the Labour Relations Act, 1995 apply for the purposes of this section in respect of the following matters:

1. Subsection 119 (2), in respect of information or material furnished to or received by a conciliation officer.

2. Subsection 119 (3), in respect of the report of a conciliation officer.

3. Section 120, in respect of any information or material furnished to or received by a conciliation officer.

Labour Relations Act, 1995

3.  (1)  Subsection 119 (2) of the Labour Relations Act, 1995 is amended by striking out "or the chief conciliation officer of the Ministry of Labour" at the end of the portion after clause (b) and substituting "an Assistant Deputy Minister of Labour or the Director of Labour Management Services".

(2)  Subsection 119 (3) of the Act is amended by striking out "or the chief conciliation officer of the Ministry of Labour" at the end and substituting "an Assistant Deputy Minister of Labour or the Director of Labour Management Services".

(3)  The Act is amended by adding the following section:

Remuneration and expenses of conciliation boards, etc.

124.1  (1)  The Minister may issue orders providing for and fixing the remuneration and expenses of chairs of conciliation boards, members of conciliation boards, mediators, special officers appointed under section 38 and members of a Disputes Advisory Committee.

Exception, Crown employees

(2)  An order of the Minister under subsection (1) shall not provide for or fix any remuneration or expenses of any person referred to in that subsection who is a Crown employee under the Public Service Act.

(4)  Clause 125 (g) of the Act is repealed.

Ministry of Labour Act

4.  The Ministry of Labour Act is amended by adding the following section:

Protection from personal liability

4.1  (1)  No action or other proceeding for damages shall be commenced against the Deputy Minister or any officer or employee of the Ministry or anyone acting under his or her authority for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of his or her duty.

Liability of Crown

(2)  Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which the Crown would otherwise be subject.

Exceptions

(3)  Subsection (1) does not apply in circumstances in which section 21 of the Fairness is a Two-Way Street Act (Construction Labour Mobility), 1999 or section 65 of the Occupational Health and Safety Act applies.

Occupational Health and Safety Act

5.  The Occupational Health and Safety Act is amended by adding the following section:

Publication re convictions

68.1  (1)  If a person, including an individual, is convicted of an offence under this Act, a Director may publish or otherwise make available to the general public the name of the person, a description of the offence, the date of the conviction and the person's sentence.

Internet publication

(2)  Authority to publish under subsection (1) includes authority to publish on the Internet.

Disclosure

(3)  Any disclosure made under subsection (1) shall be deemed to be in compliance with clause 42 (e) of the Freedom of Information and Protection of Privacy Act.

Pay Equity Act

6.  (1)  The Schedule to the Pay Equity Act is amended by striking out "Minister of Health" in clause 1 (d) and substituting "Minister of Health and Long-Term Care".

(2)  The Appendix to the Schedule to the Act is amended,

(a) by striking out the heading "Ministry of Health" and substituting "Ministry of Health and Long-Term Care";

(b) by striking out "Ministry of Health" and substituting "Ministry of Health and Long-Term Care" in clauses 1 (d), (h), (h.1), (i) and (j), 14 (b) and 15 (b) under that heading; and

(c) by striking out " Ministry of Health Act " and substituting " Ministry of Health and Long-Term Care Act " in section 2 under that heading.

Workplace Safety and Insurance Act, 1997

7.  The French version of the following provisions of the Workplace Safety and Insurance Act, 1997 is amended by striking out "Bureau des conseillers du patronat" wherever it appears and substituting in each case "Bureau des conseillers des employeurs":

1. Subsection 176 (2).

2. Paragraph 3 of subsection 179 (1).

3. Paragraph 4 of subsection 180 (1).

4. Subsections 180 (2) and (3).

Commencement

Commencement

8.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

Same

(2)  Subsection 3 (4) comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE N
MINISTRY OF GOVERNMENT SERVICES
(FORMER MANAGEMENT BOARD SECRETARIAT AND THE CENTRE FOR LEADERSHIP AND
HUMAN RESOURCE MANAGEMENT)

Freedom of Information and
Protection of Privacy Act

1.  (1)  Subsection 2 (1) of the Freedom of Information and Protection of Privacy Act is amended by adding the following definitions:

"close relative" means a parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece, whether related by blood or adoption; ("proche parent")

"spouse" means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage. ("conjoint")

(2)  Subsection 21 (4) of the Act is amended by striking out "or" at the end of clause (b), by adding "or" at the end of clause (c) and by adding the following clause:

(d) discloses personal information about a deceased individual to the spouse or a close relative of the deceased individual, and the head is satisfied that, in the circumstances, the disclosure is desirable for compassionate reasons.

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

Personal information about deceased

(10)  In the case of a request by the spouse or a close relative of a deceased individual for disclosure of personal information about the deceased individual, the person making the request shall give the head all information that the person has regarding whether the deceased individual has a personal representative and how to contact the personal representative.

Deemed references

(11)  If, under subsection (10), the head is informed that the deceased individual has a personal representative and is given sufficient information as to how to contact the personal representative, and if the head has reason to believe that disclosure of personal information about the deceased individual might constitute an unjustified invasion of personal privacy unless, in the circumstances, the disclosure is desirable for compassionate reasons, subsections (1) to (9) apply with the following modifications:

1. The expression "the person to whom the information relates" in subsections (1), (5), (7), (8) and (9) shall be deemed to be the expression "the personal representative".

2. The expression "the person" in clauses (2) (a) and (b) shall be deemed to be the expression "the deceased individual" and the expression "the person" in clause (2) (c) shall be deemed to be the expression "the personal representative".

(4)  Section 34 of the Act is repealed and the following substituted:

Annual report of head

34.  (1)  A head shall make an annual report, in accordance with this section, to the Commissioner.

Contents of report

(2)  A report made under subsection (1) shall specify,

(a) the number of requests under this Act or the Personal Health Information Protection Act, 2004 for access to records made to the institution or to a health information custodian within the meaning of the Personal Health Information Protection Act, 2004 that is acting as part of the institution;

(b) the number of refusals by the head to disclose a record under this Act, the provisions of this Act under which disclosure was refused and the number of occasions on which each provision was invoked;

(c) the number of refusals under the Personal Health Information Protection Act, 2004 by a health information custodian, within the meaning of that Act, that is the institution or that is acting as part of the institution, of a request for access to a record, the provisions of that Act under which disclosure was refused and the number of occasions on which each provision was invoked;

(d) the number of uses or purposes for which personal information is disclosed where the use or purpose is not included in the statements of uses and purposes set forth under clauses 45 (d) and (e) of this Act or in any written public statement provided under subsection 16 (1) of the Personal Health Information Protection Act, 2004 by the institution or a health information custodian within the meaning of the Personal Health Information Protection Act, 2004 that is acting as part of the institution;

(e) the amount of fees collected under section 57 of this Act by the institution and under subsection 54 (10) of the Personal Health Information Protection Act, 2004 by the institution or a health information custodian within the meaning of the Personal Health Information Protection Act, 2004 that is acting as part of the institution; and

(f) any other information indicating an effort by the institution or by a health information custodian within the meaning of the Personal Health Information Protection Act, 2004 that is acting as part of the institution to put into practice the purposes of this Act or the purposes of the Personal Health Information Protection Act, 2004.

Separate information

(3)  The information required by each of clauses (2) (a), (d), (e) and (f) shall be provided separately for,

(a) each separate health information custodian that is the institution or that is acting as part of the institution; and

(b) the institution other than in its capacity as a health information custodian and other than in its capacity as an institution containing a health information custodian.

Same

(4)  The information required by clause (2) (c) shall be provided separately for each separate health information custodian that is the institution or that is acting as part of the institution.

(5)  Clause 42 (i) of the Act is amended by striking out "with the next of kin or a friend" and substituting "with the spouse, a close relative or a friend".

(6)  Clause 42 (j) of the Act is amended by striking out "by the next of kin or legal representative" and substituting "by the spouse, a close relative or the legal representative".

(7)  Clause 42 (k) of the Act is amended by striking out "by the next-of-kin or legal representative" and substituting "by the spouse, a close relative or the legal representative".

Ministry of Government Services Act

3.  (1)  Section 1 of the Ministry of Government Services Act is amended by adding the following definition:

"common services" means services that are acquired, managed or provided centrally by the Ministry and includes goods, if any, that are associated with the services; ("services communs")

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

"Government related agency" means,

(a) the Office of the Assembly and the offices of persons appointed on the address of the Assembly,

(b) the corporation of any municipality in Ontario,

(c) a local board, as defined in the Municipal Affairs Act, and any authority, board, commission, corporation, office or organization of persons some or all of whose members, directors or officers are appointed or chosen by or under the authority of the council of the corporation of a municipality in Ontario,

(d) a board, as defined in the Education Act,

(e) a university, college of applied arts and technology or other post-secondary institution in Ontario,

(f) a hospital referred to in the list of hospitals and their classifications and grades that is maintained under the Public Hospitals Act,

(g) a board of health, as defined in the Health Protection and Promotion Act,

(h) such other persons and entities as may be prescribed; ("organisme rattaché au gouvernement")

(3)  Section 1 of the Act is amended by adding the following definition:

"related government" means,

(a) the Government of Canada and any ministry or agency thereof and the Crown in right of Canada and any agency thereof,

(b) the Government of any other province or territory of Canada and any ministry or agency thereof and the Crown in right of any other province of Canada and any agency thereof. ("gouvernement lié")

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

Same

(2)  The Ministry may direct some of its activities towards providing one or more Government related agencies or related governments with particular services if doing so furthers the interests of the Government and if the Ministry and the Government related agency or related government enter into an agreement with respect to those services.

(5)  Clause 6 (2) (c) of the Act is repealed and the following substituted:

(c) to acquire, manage and provide common services for the Government;

(c.1) to acquire, manage and provide particular common services for one or more Government related agencies or related governments, if doing so furthers the interests of the Government and if the Ministry and the Government related agency or related government enter into an agreement with respect to those services;

(6)  Section 20 of the Act is amended by adding the following clause:

(d) prescribing persons and entities for the purposes of clause (h) of the definition of "Government related agency" in section 1.

Municipal Freedom of Information and Protection of Privacy Act

4.  (1)  Subsection 2 (1) of the Municipal Freedom of Information and Protection of Privacy Act is amended by adding the following definitions:

"close relative" means a parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece, whether related by blood or adoption; ("proche parent")

"spouse" means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage. ("conjoint")

(2)  Subsection 14 (4) of the Act is amended by striking out "or" at the end of clause (a), by adding "or" at the end of clause (b) and by adding the following clause:

(c) discloses personal information about a deceased individual to the spouse or a close relative of the deceased individual, and the head is satisfied that, in the circumstances, the disclosure is desirable for compassionate reasons.

(3)  Section 21 of the Act is amended by adding the following subsections:

Personal information about deceased

(10)  In the case of a request by the spouse or a close relative of a deceased individual for disclosure of personal information about the deceased individual, the person making the request shall give the head all information that the person has regarding whether the deceased individual has a personal representative and how to contact the personal representative.

Deemed references

(11)  If, under subsection (10), the head is informed that the deceased individual has a personal representative and is given sufficient information as to how to contact the personal representative, and if the head has reason to believe that disclosure of personal information about the deceased individual might constitute an unjustified invasion of personal privacy unless, in the circumstances, the disclosure is desirable for compassionate reasons, subsections (1) to (9) apply with the following modifications:

1. The expression "the person to whom the information relates" in subsections (1), (5), (7), (8) and (9) shall be deemed to be the expression "the personal representative".

2. The expression "the person" in clauses (2) (a) and (b) shall be deemed to be the expression "the deceased individual" and the expression "the person" in clause (2) (c) shall be deemed to be the expression "the personal representative".

(4)  Section 26 of the Act is repealed and the following substituted:

Annual report of head

26.  (1)  A head shall make an annual report, in accordance with this section, to the Commissioner.

Contents of report

(2)  A report made under subsection (1) shall specify,

(a) the number of requests under this Act or the Personal Health Information Protection Act, 2004 for access to records made to the institution or to a health information custodian within the meaning of the Personal Health Information Protection Act, 2004 that is acting as part of the institution;

(b) the number of refusals by the head to disclose a record under this Act, the provisions of this Act under which disclosure was refused and the number of occasions on which each provision was invoked;

(c) the number of refusals under the Personal Health Information Protection Act, 2004 by a health information custodian, within the meaning of that Act, that is the institution or that is acting as part of the institution, of a request for access to a record, the provisions of that Act under which disclosure was refused and the number of occasions on which each provision was invoked;

(d) the number of uses or purposes for which personal information is disclosed if the use or purpose is not included in the statements of uses and purposes set forth under clauses 34 (1) (d) and (e) of this Act or in any written public statement provided under subsection 16 (1) of the Personal Health Information Protection Act, 2004 by the institution or a health information custodian within the meaning of the Personal Health Information Protection Act, 2004 that is acting as part of the institution;

(e) the amount of fees collected under section 45 of this Act by the institution and under subsection 54 (10) of the Personal Health Information Protection Act, 2004 by the institution or a health information custodian within the meaning of the Personal Health Information Protection Act, 2004 that is acting as part of the institution; and

(f) any other information indicating an effort by the institution or by a health information custodian within the meaning of the Personal Health Information Protection Act, 2004 that is acting as part of the institution to put into practice the purposes of this Act or the purposes of the Personal Health Information Protection Act, 2004.

Separate information

(3)  The information required by each of clauses (2) (a), (d), (e) and (f) shall be provided separately for,

(a) each separate health information custodian that is the institution or that is acting as part of the institution; and

(b) the institution other than in its capacity as a health information custodian and other than in its capacity as an institution containing a health information custodian.

Same

(4)  The information required by clause (2) (c) shall be provided separately for each separate health information custodian that is the institution or that is acting as part of the institution.

(5)  Clause 32 (i) of the Act is amended by striking out "with the next of kin or a friend" and substituting "with the spouse, a close relative or a friend".

Public Service Act

5.  (1)  Clause 4 (c) of the Public Service Act is amended by striking out "and establish lists of eligibles" at the end.

(2)  Sections 6 and 7 of the Act are repealed and the following substituted:

Filling vacancies in the classified service

6.  When a vacancy exists in the classified service, the Commission shall appoint a person nominated by the deputy minister of the ministry in which the vacancy exists to a position on the probationary staff of the classified service, and the appointment shall be made for a period of not more than one year at a time.

Appointments to regular staff

7.  (1)  If requested in writing by the deputy minister, the Commission shall appoint a person on the probationary staff of the classified service to the regular staff of the classified service.

Transition

(2)  The Commission may make an appointment under subsection (1) effective as of a date before the date on which subsection 5 (2) of Schedule N to the Good Government Act, 2006 comes into force.

(3)  Subsection 7.1 (2) of the Act is amended by striking out "or by the Lieutenant Governor in Council on the certificate of the Commission" at the end.

(4)  Subsections 8.1 (1), (2) and (3) of the Act are repealed and the following substituted:

Status

Status as a civil servant

(1)  An individual is not considered to be a civil servant unless he or she has been expressly appointed as such by the Lieutenant Governor in Council on the certificate of the Commission, by the Commission or by a deputy minister authorized under subsection 24 (1).

Status as a public servant

(2)  An individual is not considered to be a public servant unless he or she has been expressly appointed as such by the Lieutenant Governor in Council, by the Commission, by a deputy minister authorized under subsection 24 (1) or by a minister or a designee of a minister.

Status as a Crown employee

(3)  An individual who is employed in the service of the Crown is not considered to be a Crown employee unless the individual has been expressly appointed as such by the Lieutenant Governor in Council, by the Commission, by a deputy minister authorized under subsection 24 (1) or by a minister.

(5)  Section 17 of the Act is amended by striking out "the Lieutenant Governor in Council" and substituting "the Commission".

(6)  Section 17 of the Act is amended by adding the following subsection:

Transition

(2)  The Commission may make a reappointment under subsection (1) effective as of a date before the date on which subsection 5 (5) of Schedule N to the Good Government Act, 2006 comes into force.

(7)  Subsection 21 (2) of the Act is repealed and the following substituted:

Absence, etc.

(2)  If a deputy minister is absent or if there is a vacancy in the office, his or her powers, duties and functions under this or any other Act or as otherwise assigned shall be exercised and performed by such public servant as is designated by his or her minister.

(8)  Section 24 of the Act is repealed and the following substituted:

Delegation of powers and duties, Commission

24.  (1)  The Commission may authorize a deputy minister to perform any of its duties and exercise any of its powers under sections 6, 7 and 7.1.

Same

(2)  The Commission may authorize a deputy minister to perform any of its duties and exercise any of its powers in relation to,

(a) evaluating, classifying, and determining the qualifications for, positions in the classified service that are designated by the Commission; and

(b) recruiting qualified persons for the civil service.

Subdelegation

(3)  A deputy minister who is authorized under subsection (2) may in writing delegate that authority to,

(a) any public servant;

(b) any class of public servant; or

(c) with the Commission's approval, another person or persons.

(9)  The French version of clause 29.2 (a) of the Act is amended by striking out "«grave danger imminent pour la santé ou la sécurité de quiconque»" and substituting "«grave danger imminent pour la santé ou la sécurité»".

(10)  Subsection 34 (9) of the Act is amended by striking out "Section 34 of this Act" at the beginning and substituting "This section".

Treasury Board Act, 1991

6.  Subsection 6 (3) of the Treasury Board Act, 1991 is amended by striking out "financial and administrative".

Commencement

Commencement

7.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE O
MINISTRY OF MUNICIPAL AFFAIRS
AND HOUSING

Building Code Act, 1992

1.  (1)  The definition of "registered code agency" in subsection 1 (1) of the Building Code Act, 1992 is amended by striking out "or entity".

(2)  Subsection 1.1 (8) of the Act is amended by striking out "or entity".

(3)  Clause 7 (e) of the Act, as it read before its re-enactment by the Statutes of Ontario, 2002, chapter 9, section 11, is repealed and the following substituted:

(e) requiring a person specified in the building code to give notice to the chief building official or an inspector or to a registered code agency if one is appointed, of any of the stages of construction specified in the building code, in addition to the stages of construction prescribed under subsection 10.2 (1) and prescribing the period of time after such notice is given during which an inspection may be carried out;

(4)  Subsection (3) applies only if the Good Government Act, 2006 receives Royal Assent before July 1, 2005.

(5)  On the later of July 1, 2005 and the day the Good Government Act, 2006 receives Royal Assent, clause 7 (e) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 9, section 11, is repealed and the following substituted:

(e) requiring a person specified in the building code to give notice to the chief building official or an inspector or to a registered code agency if one is appointed, of any of the stages of construction specified in the building code, in addition to the stages of construction prescribed under subsection 10.2 (1) and prescribing the period of time after such notice is given during which an inspection may be carried out;

(6)  Subsection 13 (6) of the Act is repealed and the following substituted:

Order to uncover

(6)  A chief building official or registered code agency who has reason to believe that part of a building that is covered or enclosed has not been constructed in compliance with this Act or the building code may order the persons responsible for the construction to uncover the part at their own expense for the purpose of an inspection if,

(a) the part was covered or enclosed contrary to an order made under subsection (1);

(b) a notice required to be given to the chief building official, registered code agency or inspector before the part was covered or enclosed under a by-law, resolution or regulation made under clause 7 (e) was not given, or a notice required under section 10.2 was not received;

(c) in cases where a notice required under section 10.2 is received, the period prescribed under subsection 10.2 (2) did not elapse before the part was covered or enclosed;

(d) in cases where a notice required by a by-law, resolution or regulation made under clause 7 (e) is given,

(i) the inspection period prescribed under clause 7 (e) did not elapse before the part was covered or enclosed, or

(ii) if an inspection period is not prescribed under clause 7 (e), a reasonable period of time after the notice was given did not elapse before the part was covered or enclosed; or

(e) the part has been constructed without a permit being issued.

(7)  Subsections 15.11 (4), (5) and (7) of the Act are amended by striking out "or entity" wherever it appears.

(8)  Subsections 15.12 (1), (2) and (3) of the Act are amended by striking out "or entity" wherever it appears.

(9)  Subsection 15.13 (1) of the Act is amended by striking out "or entity" and by striking out "and entities".

(10)  Subsections 15.13 (2), (3) and (5) of the Act are amended by striking out "or entity" wherever it appears.

(11)  Subsection 16 (1) of the Act is amended by striking out "and 15.4" in the portion before clause (a) and substituting "15.4 and 15.9".

(12)  Paragraphs 15.2 and 15.3 of subsection 34 (1) of the Act are amended by striking out "or entity" wherever it appears.

(13)  Paragraph 33 of subsection 34 (1) of the Act is amended by striking out "and entities" wherever it appears.

(14)  Paragraph 34 of subsection 34 (1) of the Act is amended by striking out "and entities" in the portion before subparagraph i, by striking out "or entities" in subparagraph i and by striking out "or entity" in subparagraph vi.

(15)  Paragraph 35.3 of subsection 34 (1) of the Act is amended by striking out "or entities" and by striking out "or entity".

(16)  Subparagraph 35.12 ii of subsection 34 (1) of the Act is amended by striking out "or entity".

(17)  Paragraph 36 of subsection 34 (1) of the Act is amended by striking out "and entities".

Building Code Statute Law
Amendment Act, 2002

2.  Subsection 20 (3) of the Building Code Statute Law Amendment Act, 2002 is repealed.

Municipal Act, 2001

3.  (1)  Subsection 110 (6) of the Municipal Act, 2001 is amended by striking out "exempt from taxation for municipal and school purposes" in the portion before clause (a) and substituting "exempt from all or part of the taxes levied for municipal and school purposes".

(2)  Subsection 110 (7) of the Act is repealed and the following substituted:

Development charges exemption

(7)  Despite the Development Charges Act, 1997, the council of a municipality may exempt from the payment of all or part of the development charges imposed by the municipality under that Act land or a portion of it on which municipal capital facilities are or will be located that,

(a) is the subject of an agreement under subsection (1);

(b) is owned or leased by a person who has entered an agreement to provide facilities under subsection (1); and

(c) is entirely occupied and used or intended for use for a service or function that may be provided by a municipality.

(3)  Subsection 110 (12) of the Act is amended by striking out "exempt from taxation for municipal and school purposes" in the portion before clause (a) and substituting "exempt from all or part of the taxes levied for municipal and school purposes".

(4)  Subsection 110 (13) of the Act is repealed and the following substituted:

Education development charges exemption

(13)  Despite Division E of Part IX of the Education Act, a school board that is authorized to enter into agreements for the provision of school capital facilities by any person may exempt from the payment of all or part of the education development charges imposed by the school board under that Part land or a portion of it on which school capital facilities are or will be located that,

(a) is the subject of the agreement;

(b) is owned or leased by a person who has entered an agreement to provide school capital facilities; and

(c) is entirely occupied and used or intended for use for a service or function that may be provided by a school board.

(5)  Subsection 110 (16) of the Act is repealed and the following substituted:

Effective date

(16)  A by-law passed under subsection (6) or (7) or a resolution passed under subsection (12) or (13) shall specify an effective date which shall be the date of passing of the by-law or resolution or a later date.

(6)  Clause 110 (20) (c) of the Act is amended by adding "or development charges exemptions under subsection (7)" at the end.

(7)  Clause 110 (20) (e) of the Act is amended by adding "or exemptions from education development charges under subsection (13)" at the end.

(8)  Clause 356 (1) (b) of the Act is amended by striking out "for the year in which the application is made and the two preceding years" in the portion before subclause (i).

(9)  Subsection 356 (3) of the Act is repealed.

Municipal Tax Assistance Act

4.  Section 4 of the Municipal Tax Assistance Act is amended by adding the following subsections:

Exception

(3.1)  Subsection (3) does not apply with respect to provincial property designated by the Minister under subsection (3.2).

Designation

(3.2)  The Minister may designate provincial property that was leased under the Home Ownership Made Easy program administered by the Canada Mortgage and Housing Corporation for the purposes of subsection (3.1).

Revocation of designation

(3.3)  A designation made under subsection (3.2) is deemed to have been revoked on the day the lease referred to in subsection (3.2) expires or is otherwise terminated, or, if the lease is assigned, extended or renewed, on the day the assignment, extension or renewal expires or is otherwise terminated.

Not a regulation

(3.4)  A designation made under subsection (3.2) is not a regulation within the meaning of the Regulations Act.

Copy of designation

(3.5)  The Minister shall provide a copy of a designation made under subsection (3.2) to the Municipal Property Assessment Corporation and to any local municipality in which any part of the property is located.

Social Housing Reform Act, 2000

5.  (1)  The English version of subsection 17 (1) of the Social Housing Reform Act, 2000 is amended by striking out "subparagraph 4 ii of subsection 21 (3)" and substituting "subparagraph 4 ii of subsection 22 (3)".

(2)  Subsection 20 (1) of the Act is amended by striking out "in that year" at the end.

(3)  Paragraphs 1, 2 and 3 of section 64 of the Act are repealed and the following substituted:

1. If a lead agency is designated for the service area or a part of the service area and if a regulation is in force specifying that the provision applies to the lead agency with respect to a specified type of special needs housing, the provision shall be deemed to apply only to the lead agency with respect to that type of special needs housing and not to the service manager or a supportive housing provider.

2. If a regulation is in force specifying that the provision applies to a supportive housing provider with respect to a specified type of special needs housing, the provision shall be deemed to apply only to a supportive housing provider with respect to that type of special needs housing and not to the service manager or lead agency.

3. If there is no regulation in force specifying that the provision applies to a supportive housing provider or to a lead agency with respect to a specified type of special needs housing, the provision shall be deemed to apply to the service manager with respect to that type of special needs housing and shall not apply to a supportive housing provider or lead agency.

(4)  Subsection 96 (3) of the Act is amended by striking out "section 88" and substituting "section 91".

(5)  Subsections 103 (3) and (4) of the Act are repealed and the following substituted:

Mortgage subsidy

(3)  The amount of the housing provider's mortgage subsidy for a fiscal year in respect of its housing projects in the service area is the amount determined using the following formula:

R - S

in which,

"R" is the total amount of principal and interest payable by the provider for the fiscal year under mortgages guaranteed by the Province of Ontario or the Ontario Housing Corporation in respect of those projects, and

"S" is the amount of the provider's affordable mortgage payment in respect of those projects.

Affordable mortgage payment

(4)  The amount of the housing provider's affordable mortgage payment in respect of its housing projects in the service area is the amount determined using the following formula:

T - U

in which,

"T" is the housing provider's benchmark revenue from those projects, as determined by the Minister under section 104, and

"U" is the amount of the housing provider's benchmark operating costs in respect of those projects, as determined by the Minister under that section.

(6)  Clause 117 (3) (a) of the Act is repealed.

(7)  Section 117 of the Act is amended by adding the following subsection:

Notice

(5)  A service manager shall give written notice to the Minister containing such information as may be prescribed, if the service manager is exercising any remedy under this Act that does not require the consent of the Minister.

(8)  The English version of subsection 158 (2) of the Act is amended by striking out "geographic area" and substituting "service area".

(9)  Paragraph 1 of subsection 172 (2) of the Act is repealed and the following substituted:

1. For the purposes of section 64 (service manager, supportive housing provider or lead agency), prescribing provisions of Part V that apply to a supportive housing provider or lead agency in respect of a specified service area and a specified type of special needs housing.

Commencement

Commencement

6.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE P
MINISTRY OF NATURAL RESOURCES

Aggregate Resources Act

1.  (1)  The Aggregate Resources Act is amended by adding the following section:

Returns

14.1  Every licensee shall make a return to the Aggregate Resources Trust, within the prescribed time, showing the quantity of material removed from the site.

(2)  Subsection 20 (5) of the Act is amended by adding "or section 14.1" after "14 (1)".

(3)  Subsection 46 (2) of the Act is repealed and the following substituted:

Return

(2)  Every aggregate permittee shall make a return, in accordance with the regulations, to the Aggregate Resources Trust showing the quantity of material removed from the site.

Payment of royalty

(2.1)  Every aggregate permittee shall pay the royalty payment required under subsection (1) to the Aggregate Resources Trust at the same time as the annual permit fee.

(4)  Section 57 of the Act is amended by adding the following subsection:

Contravention of inspector's order

(3.1)  Every person who contravenes or fails to comply with an inspector's order under this Act is guilty of an offence.

(6)  Subsection 62 (1) of the Act is repealed and the following substituted:

Record keeping

(1)  Every licensee and permittee shall keep, for a period of seven years, detailed records of the operation for which the licence or permit has been issued, including copies of all documents relating to quantities of material removed from the site, inventories of material on the site, sales and shipments.

(7)  Section 63 of the Act is repealed and the following substituted:

Inspector's order for compliance

63.  (1)  Where an inspector finds that any provision of this Act or the regulations is being contravened, he or she may give to the licensee or permittee or to the person whom the inspector believes to be the contravener, his or her supervisor or foreman, or any of them, an order in writing directing compliance with the provision and may require the order to be carried out forthwith or within such time as the inspector specifies.

Same

(2)  Where an inspector gives an order under this section on finding that a pit or quarry is being operated without a licence or permit in contravention of this Act, he or she may order that the operation of the pit or quarry cease and that the site be rehabilitated to a safe condition in accordance with the order.

Sufficient information

(3)  Where an inspector gives an order under this section, the order shall contain sufficient information to specify the nature of the contravention.

Appeal from inspector

63.1  (1)  Any person who considers himself, herself or itself aggrieved by an order of an inspector made under section 63 may appeal to the Minister within 30 days after the order is made, by giving the Minister a written notice setting out the grounds for the appeal.

Minister's designee

(2)  The Minister may designate any person as the Minister's designee for the purpose of disposing of an appeal under this section.

Dismissal of appeal without hearing

(3)  Subject to subsection (6), the Minister's designee may dismiss an appeal under this section without a hearing if,

(a) the appeal is frivolous or vexatious or is commenced in bad faith; or

(b) any of the statutory requirements for bringing the appeal has not been met.

Notice

(4)  Before dismissing the appeal, the Minister's designee shall give the appellant a written notice setting out,

(a) the designee's intention to dismiss the appeal;

(b) the reasons for the dismissal; and

(c) the appellant's right to make written submissions to the designee with respect to the dismissal within the time specified in the notice.

Right to make submissions

(5)  An appellant who receives a notice under subsection (4) may make written submissions to the designee with respect to the dismissal within the time specified in the notice.

Dismissal

(6)  The designee shall not dismiss the appeal until he or she has given notice under subsection (4) and considered the submissions, if any, made under subsection (5).

Powers after hearing

(7)  If the designee hears an appeal under this section, the designee may substitute his or her findings or opinions for those of the inspector who made the order appealed from, and may,

(a) make an order rescinding the inspector's order;

(b) make an order affirming the inspector's order; or

(c) make a new order in substitution for the inspector's order.

Effect of Minister's order

(8)  The designee's order under subsection (7) stands in place of and has the same effect as the inspector's order.

Operation of inspector's order pending appeal

(9)  The bringing of an appeal under this section does not affect the operation of the order appealed from pending disposition of the appeal.

Non-application

(10)  The Statutory Powers Procedure Act does not apply to appeals under this section.

Guidelines and fees

(11)  The Minister may establish guidelines and charge fees with respect to appeals under this section.

Lakes and Rivers Improvement Act

4.  (1)  The Lakes and Rivers Improvement Act is amended by adding the following section:

Compliance with conditions in approval

17.3  The holder of an approval issued under section 14, 16 or 17.2 shall comply with the conditions to which the approval is subject.

(2)  Clause 20 (3) (b) of the Act is amended by adding "data" after "document".

(3)  Subsection 28 (1) of the Act is amended by adding the following clauses:

(a.1) constructs a dam in any lake or river, in circumstances set out in the regulations, that does not conform with the plans and specifications approved under section 14;

(a.2) fails to comply with the conditions of an approval given by the Minister under section 14 or 17.2;

. . . . .

(b.1) alters, improves or repairs any part of a dam, in the circumstances prescribed by the regulations, in a way that does not conform with the plans and specifications approved under section 16;

(b.2) fails to comply with the conditions of an approval given by the Minister under section 16;

Niagara Escarpment Planning
and Development Act

5.  (1)  Subsection 25 (5) of the Niagara Escarpment Planning and Development Act is repealed and the following substituted:

Notice of decision

(5)  The delegate to whom the Minister has delegated his or her authority under subsection (1) shall give notice of decision on any application for a development permit as follows:

1. By regular or registered mail or personal service to the Minister, to the applicant for the permit, to persons who have requested to receive notice of the decision, to persons whom the delegate considers may have an interest in the decision and to all assessed owners of land lying within 120 metres of the land that is the subject of the application.

2. If a condominium development is located within 120 metres of the land, instead of giving notice to all owners assessed in respect of the condominium development as required by paragraph 1, by regular or registered mail to the condominium corporation at its most recent address for service or its mailing address as registered under section 3 of the Condominium Act, 1998.

Same

(5.1)  A copy of a decision given under subsection (5) to anyone other than the Minister shall include a notice indicating that the recipient of the decision may, within 14 days after the mailing of the decision, appeal the decision by giving the delegate a written notice of appeal that specifies the reasons for the appeal.

(1.1)  Subsections 25 (8) and (9) of the Act are amended by striking out "subsection (5)" wherever that expression appears and substituting in each case "subsection (5.1)".

(2)  The Act is amended by adding the following section:

Service

28.1  (1)  Any notice or order required to be given under subsection 6.1 (3), section 24, subsection 26 (1) or subsection 28 (4) is sufficiently given if delivered personally or sent by any method that allows receipt to be proven addressed to the person upon whom service is to be made at the last address for service appearing on the records of the Commission.

Same

(2)  Service made by registered mail shall be deemed to be made on the fifth day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, and for cause beyond the control of the person, receive the notice until a later date.

Oil, Gas and Salt Resources Act

6.  (1)  Subsection 1 (1) of the Oil, Gas and Salt Resources Act is amended by adding the following definitions:

"correlative rights" means the right of every owner of a property in a pool of oil or gas to produce from that property the owner's proportionate share of the oil or gas, or both, in the pool; ("droit corrélatif")

"facility" means any work used to store, process or transport any substance produced from or injected into a well; ("installation")

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

"inspector" means an inspector or officer appointed for the purposes of this Act and the regulations; ("inspecteur")

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

"pipeline" means a pipeline used for the collection of oil, gas or other substance produced from or injected into a well and transportation of the oil, gas or substance to a separating, processing or storage facility or to a distribution or transmission pipeline; ("pipeline")

(4)  The definition of "well" in subsection 1 (1) of the Act is repealed and the following substituted:

"well" means a hole in the ground, whether completely drilled or in the process of being drilled, for the purpose of,

(a) the production of oil, gas or formation water, including the production of coal bed methane but excluding the production of fresh water,

(b) the injection, storage and withdrawal of oil, gas, other hydrocarbons or other approved substances in an underground geological formation,

(c) the disposal of oil field fluid in an underground geological formation,

(d) solution mining, or

(e) geological evaluation or testing rocks of Cambrian or more recent age; ("puits")

(5)  Subsection 1 (3) of the Act is repealed and the following substituted:

Powers and duties of Commissioner

(3)  The Commissioner shall do the following:

1. In reviewing and adjudicating applications for pooling and unitization orders, have regard to,

i. the conservation of Ontario's oil and gas resources,

ii. the orderly, efficient and economic development of those resources, and

iii. the protection of correlative rights.

2. Provide access, in accordance with section 175 of the Mining Act, to subsurface oil, gas and salt resources.

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

(f) use or cause to be used any computer system for the purpose of examining information contained in or available to the computer system, and produce or cause to be produced a printout or other output from the computer system;

(g) make copies of any documents inspected or produced during the inspection;

(h) remove any documents or things for the purpose of making copies or of further inspection, but the copying or further inspection shall be carried out with reasonable dispatch and the documents or things shall be returned promptly to the person from whom they were taken.

(7)  Section 7.0.1 of the Act is repealed and the following substituted:

Order to plug well or decommission facility

7.0.1  An inspector may order the operator of a well to plug the well or decommission a facility within such time as the inspector considers appropriate if,

(a) the inspector is of the opinion that the well or facility represents a hazard to the public or to the environment; or

(b) any activity relating to the well or facility has been suspended.

(8)  Subsection 7.1 (3) of the Act is repealed.

(9)  Subsection 10.1 (1) of the Act is repealed and the following substituted:

Transfer of well licence or permit

(1)  No person shall transfer a licence relating to a well or a permit issued under this Act without the written consent of the Minister.

(10)  Subsection 10.1 (4) of the Act is repealed and the following substituted:

Plugging by previous licensee

(4)  If, at any time after a licence relating to a well is transferred, an order to plug the well or decommission a facility is made under section 7.0.1 but is not complied with, an inspector may require a previous licensee to plug the well or decommission the facility at the previous licensee's expense.

(11)  The Act is amended by adding the following section:

Prohibition on building without decommissioning of works

10.2  No person shall erect, locate or construct any class or classes of buildings or structures within 75 metres of a well or facility unless the works have been decommissioned in accordance with this Act and the regulations.

(12)  Clause 17 (2) (a) of the Act is amended by adding "and transfer" after "issue".

Public Lands Act

7.  (1)  Clause 14 (1) (a) of the Public Lands Act is amended by adding "the terms and conditions of" after "with".

(2)  Subsection 34 (3) of the Act is repealed and the following substituted:

Limitations

(3)  No claim shall be entertained unless it concerns a deficiency of at least one-tenth of the whole quantity described as being contained in the land granted and the claim is brought within five years from the date of the letters patent.

Commencement

Commencement

8.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE Q
MINISTRY OF NORTHERN DEVELOPMENT
AND MINES

Northern Services Boards Act

2.  Form 2 of the Northern Services Boards Act is amended by striking out "Local Services Boards Act" and substituting "Northern Services Boards Act".

Ontario Northland Transportation Commission Act

3.  Section 40 of the Ontario Northland Transportation Commission Act is repealed and the following substituted:

Fiscal year

40.  (1)  The Commission's 2005 fiscal year ends on March 31, 2006.

Same

(2)  As of April 1, 2006, the Commission's fiscal year begins on April 1 in each year and ends on March 31 of the following year.

Commencement

Commencement

4.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE R
MINISTRY OF TOURISM

City of Toronto XXIX Summer Olympic Games Bid Endorsement Act, 1998

1.  The City of Toronto XXIX Summer Olympic Games Bid Endorsement Act, 1998 is repealed.

Commencement

Commencement

3.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE S
MINISTRY OF TRAINING, COLLEGES
AND UNIVERSITIES

Ministry of Training, Colleges and Universities Act

1.  (1)  The Ministry of Training, Colleges and Universities Act is amended by adding the following section:

Awards and grants

5.  (1)  The Minister may make grants and awards to,

(a) students of universities, colleges of applied arts and technology or other post-secondary institutions; and

(b) persons who received a loan under section 7.1 while a student of an institution referred to in clause (a) and who have not repaid the loan in full.

Terms

(2)  A grant or award may be made on such terms as may be prescribed by regulation and on such other terms as the Minister considers proper.

(2)  Subsection 13 (1) of the Act is amended by adding the following clauses:

(a.1) governing awards and grants made under section 5 and loans made under section 7.1;

. . . . .

(b.1.1) respecting the terms of repayment of a student loan, the suspension of repayment obligations under the loan and the forgiving of all or part of the outstanding amounts on the loan, including prescribing,

(i) the length of time for which a suspension may be granted,

(ii) the amount or maximum amount that may be suspended or forgiven or the method of determining that amount, and

(iii) conditions, restrictions or limitations that apply with respect to a suspension of the loan or to the forgiving of all or part of the loan;

Ontario Colleges of Applied Arts and Technology Act, 2002

2.  (1)  Section 2 of the Ontario Colleges of Applied Arts and Technology Act, 2002 is amended by adding the following subsection:

Corporate entity

(1.1)  Each college established under subsection (1) is a corporation without share capital and shall consist of the members of its board of governors.

(2)  Subsection 3 (2) of the Act is repealed.

University of Ontario Institute of Technology Act, 2002

3.  The English version of clause 15 (8) (a) of the University of Ontario Institute of Technology Act, 2002 is amended by striking out "on money borrowed" and substituting "for money borrowed".

Commencement

Commencement

4.  This Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

SCHEDULE T
MINISTRY OF TRANSPORTATION

Bridges Act

1.  Section 2 of the Bridges Act is amended by adding the following subsection:

Same

(1.1)  A person who builds, places, constructs, rebuilds, replaces or alters a bridge, culvert or causeway in accordance with a work permit or an instrument granted under the Public Lands Act or an approval under the Lakes and Rivers Improvement Act is not required to obtain an approval under subsection (1).

Highway 407 Act, 1998

2.  Section 60 of the Highway 407 Act, 1998 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

3.  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.

Highway Traffic Act

4.  (1)  Subsection 7 (12.1) of the Highway Traffic Act is amended by striking out "the Fire Departments Act" and substituting "the Fire Protection and Prevention Act, 1997".

(2)  Subsection 7 (12.3) of the Act is amended by striking out "the Fire Departments Act" and substituting "the Fire Protection and Prevention Act, 1997".

5.  Clause 70 (1) (i) of the Act is repealed.

6.  (1)  Subsection 144 (5) of the Act is amended by striking out "traffic signal" in the portion before clause (a) and substituting "traffic control signal".

(2)  Subsection 144 (6) of the Act is amended by striking out "traffic signal" in the portion before clause (a) and substituting "traffic control signal".

(3)  Subsection 144 (8) of the Act is amended by striking out "signals" wherever it appears and substituting in each case "traffic control signals".

7.  (1)  Subsection 214.1 (2) of the Act is amended by striking out "The Solicitor General and Minister of Correctional Services" at the beginning and substituting "The Minister of Community Safety and Correctional Services".

(2)  Subsection 214.1 (4) of the Act is amended by striking out "the Solicitor General and Minister of Correctional Services" and substituting "the Minister of Community Safety and Correctional Services".

Local Roads Boards Act

8.  Section 28 of the Local Roads Boards Act is amended by striking out "prepaid first-class mail" and substituting "mail".

Ministry of Transportation Act

9.  The Ministry of Transportation Act is amended by adding the following section:

Protection from personal liability

9.  (1)  No action or other proceeding for damages shall be instituted against the Deputy Minister, any officer or employee of the Ministry or anyone acting under the authority of the Minister or the Deputy Minister for any act done in good faith in the execution or intended execution of the person's duty or for any alleged neglect or default in the execution in good faith of the person's duty.

Crown not relieved of liability

(2)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject.

Public Transportation and
Highway Improvement Act

10.  Section 17 of the Public Transportation and Highway Improvement Act is amended by striking out "The Treasurer of Ontario" at the beginning and substituting "The Minister of Finance".

11.  Sections 91 and 92 of the Act are repealed.

12.  Sections 93 and 93.1 of the Act are repealed and the following substituted:

Definition

93.  In this Part,

"public transportation" means any service for which a fare is charged for transporting the public by vehicles operated by or on behalf of a municipality or a local board as defined in the Municipal Affairs Act, or under an agreement between a municipality and a person, firm or corporation and includes special transportation facilities for the physically disabled, but does not include transportation by special purpose facilities such as school buses or ambulances.

Shortline Railways Act, 1995

13.  The definitions of "shortline railway" and "shortline railway company" in section 1 of the Shortline Railways Act, 1995 are repealed and the following substituted:

"shortline railway" means a railway within the legislative jurisdiction of the Province of Ontario; ("chemin de fer d'intérêt local")

"shortline railway company" means a municipality or person that operates or intends to operate a shortline railway. ("compagnie de chemin de fer d'intérêt local")

14.  Section 2 of the Act is repealed and the following substituted:

Application

2.  (1)  This Act applies and The Railways Act does not apply to all shortline railways except those operated by a corporation incorporated by a special Act.

Same

(2)  Despite subsection (1), this Act applies and The Railways Act does not apply to a shortline railway operated by a corporation that is incorporated by a special Act and is designated in the regulations.

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

Construction, alteration

4.1  No person or municipality shall construct or alter a shortline railway except in accordance with the regulations.

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

Discontinuance

(1)  A shortline railway company shall comply with this section before discontinuing the operation of a railway line.

(2)  Subsection 10 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Advertisement

(2)  A shortline railway company that proposes to discontinue the operation of a railway line shall,

. . . . .

(3)  Paragraph 1 of subsection 10 (3) of the Act is repealed and the following substituted:

1. A statement that the shortline railway company no longer intends to operate a railway line.

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

Same

(2)  If a corporation is guilty of an offence under subsection (1), any officer or director of the corporation who authorizes, permits or acquiesces in the offence is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or both.

18.  (1)  Clause 23 (1) (a) of the Act is repealed and the following substituted:

(a) designating corporations for the purpose of subsection 2 (2);

(2)  Subsection 23 (1) of the Act is amended by adding the following clause:

(a.1) respecting the construction and alteration of shortline railways;

Commencement

Commencement

19.  (1)  Subject to subsections (2) and (3), this Schedule comes into force on the day the Good Government Act, 2006 receives Royal Assent.

Same

(2)  Section 2 shall be deemed to have come into force on January 1, 2003.

Same

(3)  Section 3 comes into force on the day subsection 13 (1) of Schedule C to the Municipal Statute Law Amendment Act, 2002 comes into force.

EXPLANATORY NOTE

This reprint of the Bill is marked to indicate the changes that were made in Committee.

The changes are indicated by underlines for new text and a strikethrough for deleted text.

______________

The Bill is part of the government's initiative to promote good government.

The Bill amends or repeals a number of Acts. For convenience, the amendments and repeals are set out in separate Schedules. Schedules with the name of Ministries include amendments to and repeals of Acts that are administered by the Ministry involved or that affect that Ministry. The commencement provisions for each of the Schedules are set out in the Schedules.

SCHEDULE A
MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS

Farm Products Marketing Act

All references to The Ontario Apple Marketing Commission are removed from the Act since the Commission has been dissolved and replaced by a local board known as the Ontario Apple Growers which does not have the authority to determine prices for apples.

The name of The Ontario Egg Producers' Marketing Board is changed to the Egg Farmers of Ontario.

The maximum age for chicks-for-placement and the minimum age for fowl are reduced from 20 weeks to 19 weeks.

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

The Schedule amends the French version of a number of Acts to correct an error in references to the Agriculture, Food and Rural Affairs Appeal Tribunal.

The Schedule also repeals a number of unconsolidated statutory provisions, revokes a number of regulations where the authority to make them has been repealed and revokes a number of unconsolidated regulations.

SCHEDULE B
MINISTRY OF THE ATTORNEY GENERAL

Assessment Review Board Act

Section 8.1 of the Assessment Review Board Act is re-enacted to clarify the Board's power to set and charge fees. (Section 2 of Schedule)

Change of Name Act

Subsection 8 (2) of the Change of Name Act provides that a name change is treated as confidential if "the Attorney General or a person authorized by the Attorney General certifies that a change of name is intended to prevent significant harm to the person to whose name the application relates". This is amended to clarify that the intention to prevent significant harm must exist in the opinion of the Attorney General or authorized person. (Section 3 of Schedule)

Children's Law Reform Act

Under section 10 of the Children's Law Reform Act, the court may give a party to a civil proceeding leave to obtain blood tests to assist in determining a child's parentage. The section is rewritten to include DNA tests as well. Section 11 of the Act, which provides for regulations governing blood tests under section 10, is repealed. (Section 4 of Schedule)

Crown Witnesses Act

The Crown Witnesses Act is amended to provide authority for agreements relating to confidential name changes under subsection 8 (2) of the Change of Name Act. The agreements will permit the Attorney General, in appropriate circumstances, to facilitate secure access to government services and benefits by persons who have undergone confidential name changes, and the enforcement of their financial obligations to the Crown. (Section 5 of Schedule)

Execution Act

Section 3 of the Execution Act is rewritten to simplify wording and correct cross-references, and to clarify that the exemption for motor vehicles applies even if the chattel is worth more than the exempted amount (the same rule as for tools of the trade in similar circumstances). Complementary amendments are made to section 4 and subsections 35 (1) and (3). (Section 6 of Schedule)

Executive Council Act, Expropriations Act and Substitute Decisions Act, 1992

The Executive Council Act, the Expropriations Act and the Substitute Decisions Act, 1992 are amended to correct references to the Minister of Health and Long-Term Care and the Ministry of Health and Long-Term Care Act. (Sections 7, 8 and 23 of Schedule)

Human Rights Code

Section 18 of the Human Rights Code is amended to correct an error in the French version. (Section 11 of Schedule)

Interpretation Act and Real Property Limitations Act

Definitions of "mental defective", "mentally defective person" and "mental deficiency" are removed from the Interpretation Act, and similar references are removed from the Real Property Limitations Act. The only other occurrences of these expressions, in the Land Titles Act and the Marriage Act, are also being removed by amendments contained in Schedule G for the Ministry of Consumer and Business Services. (Sections 12 and 21 of Schedule)

Legal Aid Services Act, 1998

Section 24 of the Legal Aid Services Act, 1998, which currently requires applications for legal aid certificates to be submitted to area directors (and, in the case of applications by non-residents, to be decided in the prescribed manner), is rewritten to require applications to be made and decided in a manner approved by Legal Aid Ontario. (Section 13 of Schedule)

Provincial Offences Act

The Provincial Offences Act is amended to clarify that new section 158.2, which requires a person who has seized anything under a warrant to report to a justice of the peace, applies only if no procedure for dealing with the thing is otherwise provided by law. (Section 16 of Schedule)

Public Accounting Act, 2004

The Public Accounting Act, 2004 is amended to correct an oversight and to permit the extension of a statutory deadline by regulation. (Section 17 of Schedule)

Public Authorities Protection Act

Subsection 6 (1) of the Public Authorities Protection Act requires that a person who wishes to commence an action against a constable, police officer, small claims court bailiff or other officer for anything done under a warrant must first leave a demand for a copy of the warrant at the officer's "usual place of abode". This is changed to "usual place of work". (Section 18 of Schedule)

Public Guardian and Trustee Act

Section 10.1 is added to the Public Guardian and Trustee Act to clarify that records stored by the Public Guardian and Trustee in any medium are admissible in evidence and have the same probative force as the contents of the original document in the Public Guardian and Trustee's possession would have had. (Section 19 of Schedule)

Public Inquiries Act

The Public Inquiries Act is amended to require that the final report of a commission of inquiry be submitted and released in both English and French at the same time. An exception may be made if the Lieutenant Governor in Council is of the opinion that public health or safety would not be served by delaying because only one language version is ready; in that case, the other version must be made available as soon as possible. (Section 20 of Schedule)

Statutory Powers Procedure Act

The Statutory Powers Procedure Act is amended to clarify that the power of tribunals to award costs is a substantive matter rather than a procedural matter. (Section 22 of Schedule)

Substitute Decisions Act, 1992

A number of amendments are made to the Substitute Decisions Act, 1992 to clarify the intention of existing provisions. Sections 31.1 and 59.1, requiring the disclosure of certain categories of personal information about an incapable person to his or her guardian, are added. Section 81, dealing with orders for the enforcement of assessment orders, is rewritten to place responsibility for enforcement on the applicant in the proceeding in which the assessment order is made, rather than on the Public Guardian and Trustee. Power to make regulations of general or particular application is added. (Section 23 of Schedule)

Trustee Act

Section 1 of the Trustee Act is amended to remove definitions of "mental incompetent", "mentally incompetent person" and "person of unsound mind" because these expressions are not actually used in the rest of the Act. (Section 24 of Schedule)

General

Technical amendments are made to various statutes in order to update postal terminology and references to the Minister of Finance.

SCHEDULE C
COURT NAMES

Technical amendments are made to a large number of statutes in order to update court names and related titles.

SCHEDULE D
AMENDMENTS RELATING TO THE ENACTMENT OF THE YOUTH CRIMINAL JUSTICE ACT (CANADA)

The Schedule amends numerous Acts as a result of the repeal of the Young Offenders Act (Canada) ("YOA") and the enactment of the Youth Criminal Justice Act (Canada) ("YCJA"). In some cases, Acts are amended by keeping the reference to the YOA and adding a reference to the YCJA and in other cases by repealing the reference to the YOA and replacing it with a reference to the YCJA. The Schedule also changes terminology in the various Acts from that used in the YOA to the new terminology used in the YCJA. Finally, the Schedule makes necessary changes to certain Acts where a substantive difference between the provisions of the YOA and those of the YCJA has an effect on the provincial statute.

SCHEDULE E
MINISTRY OF COMMUNITY
AND SOCIAL SERVICES

Developmental Services Act

The Schedule changes references to the Minister of Health in the Developmental Services Act to the Minister of Health and Long-Term Care.

Ontario Disability Support Program Act, 1997

The Schedule makes a number of amendments to the Ontario Disability Support Program Act, 1997. It adds extended health benefits to the Act and allows them to be provided for the benefit of former recipients of income support who are members of a prescribed class and for the benefit of their dependants. It also provides that overpayments under the Act are debts due to the Crown in right of Ontario and allows for their collection. It allows the Cabinet to make regulations governing appeals under the Act to the Divisional Court.

Ontario Works Act, 1997

A number of changes are made by the Schedule to the Ontario Works Act, 1997. The Act is amended to provide that overpayments by a delivery agent are debts due to the delivery agent and may also be deemed by the Director to be a debt due to the Crown. The Act is also amended to allow recovery of debts that are deemed to be debts due to the Crown. The restriction on the number of vice-chairs for the Tribunal is removed. The amendments also allow the Cabinet to make regulations governing appeals under the Act to the Divisional Court.

Social Work and Social Service Work Act, 1998

The Social Work and Social Service Work Act, 1998 is amended by the Schedule by allowing the Council to continue when there are vacancies in the membership as long as the number of members is not less than a quorum.

SCHEDULE F
MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES

Ontario Society for the Prevention of Cruelty to Animals Act

Section 12 of the Ontario Society for the Prevention of Cruelty to Animals Act authorizes entry onto property by an inspector or agent of the Society, together with a veterinarian, in order to find, examine, care for or destroy an animal in distress. The section is amended to permit entry by more than one inspector or agent, together with one or more veterinarians or other persons as the inspectors or agents consider advisable.

Currently, section 12 of the Act provides for the issue of a warrant that may be executed between sunrise and sunset. This is amended so that the warrant must specify the hours when it may be executed and when it expires.

Section 15 of the Act permits the Society to serve an owner with a statement of account for its costs incurred in caring for the owner's animal. Section 15 currently allows service of the statement by mail. This is amended to allow for personal service as well.

Under section 17 of the Act, an owner or custodian of an animal may appeal an order of the Animal Review Board or request return of the animal. This is amended to require more detail in the notice of appeal respecting the remedy or action sought and the reasons for it.

Deadlines throughout the Act are based on the passage of a number of days. These are amended to refer to business days.

Police Services Act

The Police Services Act is amended to authorize the appointment of one or more deputy Commissioners of the Ontario Provincial Police and the delegation of powers by the Commissioner to a deputy Commissioner.

SCHEDULE G
MINISTRY OF GOVERNMENT SERVICES
(FORMER MINISTRY OF CONSUMER AND BUSINESS SERVICES)

Bailiffs Act

The Bailiffs Act currently provides for the revocation of an assistant bailiff's registration under the Act and an assistant bailiff's appointment described in clause 3.1 (b) of the Act. The Act is amended to provide, as well, for the revocation of an assistant bailiff's authorization to act as an assistant bailiff described in clause 3.1 (c) of the Act.

Business Corporations Act

The Business Corporations Act currently requires that a consent to act as a first director be provided by each individual who is named in the articles of incorporation as a first director and who is not an incorporator. The Act is amended to require, if the articles are in electronic format and, therefore, not signed, that a consent to act as a first director also be provided by each incorporator who is named in the articles as a first director.

Land Titles Act and Marriage Act

The Schedule updates the terminology of references in each of the Acts to mentally incapable persons.

Liquor Licence Act

The Liquor Licence Act currently prohibits the Registrar of Alcohol and Gaming from issuing a licence to sell liquor to an applicant who has a financial relationship with a liquor manufacturer unless the board of the Alcohol and Gaming Commission of Ontario has considered the nature and extent of the financial relationship and it is not contrary to the public interest to issue the licence. The Act is amended to provide for the Registrar, rather than the board, to consider the nature and extent of the financial relationship between the applicant and the manufacturer in order to decide whether it is contrary to the public interest to issue the licence.

Ministry of Consumer and Business Services Act

A provision is added to the Ministry of Consumer and Business Services Act to provide protection from personal liability for the Deputy Minister, the Director and various other persons acting under an Act administered by the Minister, in respect of acts or omissions in the performance in good faith of their duties. The liability of the Crown under the Proceedings Against the Crown Act in respect of the torts committed by its employees and agents is retained.

Ministry of Consumer and Business Services Statute Law Amendment Act, 2004

Amendments made to the Repair and Storage Liens Act that have not yet come into force are repealed.

Partnerships Act

The Partnerships Act prohibits a limited liability partnership that was formed or continued by an agreement governed by the Act from carrying on business under a name other than the firm name it registered under the Business Names Act. The Partnerships Act is amended to allow such a partnership to have a firm name that is in an English form only, a French form only, a French and English combined form, or a French form and an English form where the French and English forms are equivalent but are used separately. This gives limited liability partnerships more flexibility with respect to their firm names and is consistent with the rules for corporate names.

Personal Property Security Act

The Personal Property Security Act currently provides that a document sent by registered mail is deemed to have been given when the addressee actually receives the document or 10 days after the day of registration, whichever is earlier. A purchase-money security interest in inventory or its proceeds is excepted from this rule. The Act is amended to remove the exception. A purchase-money security interest is a security interest in collateral taken by a seller to secure payment of all or part of its price, or taken by a person who gives value for the purpose of enabling the debtor to acquire rights in or to collateral.

The Act currently provides that if, as a result of an inability to operate the personal property security registration system's computer, a security interest cannot be perfected by registration or a registration cannot be discharged within a time period specified in the Act, the Lieutenant Governor in Council may make regulations extending particular time periods in specified situations or deeming particular unperfected security interests to be continuously perfected in specified situations. The Act is amended to transfer this regulation-making power to the Minister because that would allow speedier action in resolving registration issues resulting from the unavailability of the registration system in cases such as labour disruptions or electricity blackouts.

Real Estate and Business Brokers Act, 2002

The French version of several provisions of the Real Estate and Business Brokers Act, 2002 is amended to distinguish the term "client" from the term "customer".

Repair and Storage Liens Act

Provisions of the Repair and Storage Liens Act dealing with when a repairer's lien arises and when a storer's lien arises, and with the amount of such liens, are amended to reflect the requirements of the Consumer Protection Act, 2002.

Safety and Consumer Statutes Administration Act, 1996

A provision is added to the Safety and Consumer Statutes Administration Act, 1996 to provide protection from personal liability for various persons in respect of acts or omissions in the performance in good faith of their duties or powers under designated legislation or a Minister's order made under designated legislation. Designated legislation is legislation whose administration has been delegated to a designated administrative authority under the Act. The liability, if any, of the designated administrative authority in respect of the acts or omissions of the protected persons is retained.

A designated administrative authority to which the administration of designated legislation is delegated is allowed to set and govern payments that persons are required to make to any fund or account established or continued under the designated legislation delegated to the authority.

Vital Statistics Act

The Vital Statistics Act is amended to change references to the Ministry of Health and Minister of Health to be references to the Ministry of Health and Long-Term Care and Minister of Health and Long-Term Care, respectively.

SCHEDULE H
MINISTRY OF CULTURE

Royal Ontario Museum Act

Subsection 2 (2) of the Royal Ontario Museum Act is amended in order to change the Museum's fiscal year beginning in 2006 so that it begins on April 1 of each year and ends on March 31 of the following year. Currently, the Museum's fiscal year runs from July 1 of each year and ends on June 30 of the following year.

Tartan Act, 2000

The Schedule to the Tartan Act, 2000 is amended to correct the description of the first block of colour in the tartan of the Province of Ontario.

SCHEDULE I
MINISTRY OF ECONOMIC DEVELOPMENT
AND TRADE

General

All references to the Minister and Ministry of Industry, Trade and Technology in the Statutes of Ontario are changed to the Minister or Ministry of Economic Development and Trade respectively to reflect the transfer of responsibilities from the former Minister to the latter Minister in August 1999.

IDEA Corporation Act, 1981

The Schedule repeals the IDEA Corporation Act, 1981, whose affairs were terminated by regulation in 1986, and revokes that regulation.

Ministry of Industry, Trade and Technology Act

The Schedule amends the Ministry of Industry, Trade and Technology Act (now the Ministry of Economic Development and Trade Act) to allow the Lieutenant Governor in Council or the Minister under that Act to appoint advisory committees to the Minister.

SCHEDULE J
DISSOLUTION OF INACTIVE
CORPORATIONS ACT, 2006

The Act dissolves five inactive corporations that were incorporated under the Business Corporations Act: IDEA Information Technology Fund Inc., IDEA Innovation Fund Inc., IDEA Research Investment Fund Inc., Ontario Investment Service Inc. and Ontario VL Corporation Ltd.

SCHEDULE K
MINISTRY OF THE ENVIRONMENT

Environmental Protection Act and Ontario Water Resources Act

If a risk assessment is accepted under section 168.5 of the Environmental Protection Act, subsection 168.6 (1) of the Act permits a certificate of property use to be issued only at the time notice of the acceptance is given. Subsection 168.6 (1) is amended to remove this restriction. In addition, paragraph 1 of subsection 168.6 (1) is amended to provide that, when a certificate of property use imposes a requirement to take specified action on a property owner, the requirement can only require action on the owner's property, although the adverse effect to which the action is directed need not be on that property.

Under section 168.13 of the Act, a municipality that becomes the owner of property by virtue of the registration of a notice of vesting under Part XI of the Municipal Act, 2001 (sale of land for tax arrears) is given protection from certain orders made under the Environmental Protection Act in respect of a period that runs for five years after the municipality becomes the owner.

Section 168.18 of the Act is a similar provision that applies to a secured creditor who becomes the owner of property by virtue of a foreclosure. These provisions, and similar provisions in the Ontario Water Resources Act, are amended to ensure that the protection from orders does not apply in respect of anything done after the municipality or secured creditor ceases to own the property.

Ontario Water Resources Act

Section 30 of the Ontario Water Resources Act is amended to require notice of discharges that impair the quality of water to be given to the Ministry of the Environment, not the Minister.

General

Other amendments update references to statute names, correct section references, ensure consistency of terminology, and ensure consistency between the English and French versions of provisions.

SCHEDULE L
MINISTRY OF HEALTH AND LONG-TERM CARE

Drug Interchangeability and Dispensing Fee Act

The Drug Interchangeability and Dispensing Fee Act is amended to add a definition of "Minister".

Health Care Consent Act, 1996

The Health Care Consent Act, 1996 is amended to clarify that the jurisdiction of the Consent and Capacity Board does not include the consideration of constitutional questions.

Health Insurance Act

The Health Insurance Act is amended to clarify terminology in certain provisions and to update certain cross-references..

Health Protection and Promotion Act

The Health Protection and Promotion Act is amended to include a reference to the Personal Health Information Protection Act, 2004, to clarify that a medical officer of health may disclose personal information to another medical officer of health where conditions for disclosure, including that the disclosure is authorized by the Personal Health Information Protection Act, 2004, are met.

Laboratory and Specimen Collection Centre Licensing Act

The Laboratory and Specimen Collection Centre Licensing Act is amended to modernize the definition of "laboratory", to update the provisions with respect to the quality management program for laboratories and to remove sections of the Act which are no longer in use.

Quality of Care Information Protection Act, 2004

The Quality of Care Information Protection Act, 2004 is amended to clarify the intent of several provisions.

General

Various Acts are amended to update or correct cross-references, and to update the terminology for Ministers and for the current name of the Ministry of Health and Long-Term Care, and to update references to the Health Care Accessibility Act to the Commitment to the Future of Medicare Act, 2004.

SCHEDULE M
MINISTRY OF LABOUR

Employment Standards Act, 2000

The Employment Standards Act, 2000 is amended by adding new section 88.1 to permit the Director to transfer an investigation of a complaint or an inspection of an employer from an employment standards officer to another employment standards officer.

Section 91 of the Act authorizes an employment standards officer to carry out inspections to ensure compliance with the Act. Clause 91 (6) (a) of the Act is amended to give the employment standards officer the authority to decide which records may be relevant to the inspection for the purposes of determining which records to examine during an inspection.

The amendment to section 118 of the Act corrects a cross-reference to provide that an order in council to bring into effect Ontario Labour Relations Board rules of practice only applies to rules for expedited decisions on jurisdiction.

Fire Protection and Prevention Act, 1997

The enactment of subsection 49 (5) of the Fire Protection and Prevention Act, 1997 makes the non-disclosure and non-compellability provisions of the Labour Relations Act, 1995 relating to conciliators applicable to conciliators appointed under the Fire Protection and Prevention Act, 1997.

Labour Relations Act, 1995

Section 119 of the Labour Relations Act, 1995 provides for the non-disclosure of information provided to a conciliation officer and the conciliator's report except to certain persons listed in the section. The amendments to section 119 of the Act remove references to the chief conciliation officer who no longer exists and replace them with references to the Director of Labour Management Services who currently performs the functions. The amendments also add Assistant Deputy Ministers of Labour to the list of persons to whom information or the conciliator's report may be disclosed.

The enactment of section 124.1 of the Act and the repeal of clause 125 (g) of the Act transfer to the Minister of Labour the authority to fix the remuneration and expenses of persons who are not Crown employees and who serve on conciliation boards, as mediators or special officers or on a Disputes Advisory Committee.

Ministry of Labour Act

The enactment of section 4.1 of the Ministry of Labour Act protects ministry employees from liability for any action carried out in good faith in the course of their duties.

Occupational Health and Safety Act

The enactment of section 68.1 of the Occupational Health and Safety Act allows a Director under the Act to publish or otherwise publicly disclose the name of a person convicted of an offence under the Act, a description of the offence, the date of the conviction and the person's sentence.

Pay Equity Act

Amendments to the Schedule to the Pay Equity Act update references to the Ministry of Health and Long-Term Care.

Workplace Safety and Insurance Act, 1997

The amendments to the Workplace Safety and Insurance Act, 1997 change the French name of the Office of the Employer Advisor from "Bureau des conseillers du patronat" to "Bureau des conseillers des employeurs".

SCHEDULE N
MINISTRY OF GOVERNMENT SERVICES
(FORMER MANAGEMENT BOARD SECRETARIAT AND THE CENTRE FOR LEADERSHIP AND HUMAN RESOURCE MANAGEMENT)

Freedom of Information and Protection of Privacy Act and Municipal Freedom of Information and Protection of Privacy Act

Both the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act are amended to provide that a disclosure of personal information about a deceased individual to his or her spouse or a close relative pursuant to an access request does not constitute an unjustified invasion of personal privacy if the head is satisfied that, in the circumstances, the disclosure is desirable for compassionate reasons. Both Acts are also amended by adding definitions of "spouse" and "close relative". For consistency, references to "next of kin" in both Acts are changed to refer to the spouse or a close relative.

The Acts are also amended to clarify what information must be included in a head's annual report in the case of access requests under the Personal Health Information Protection Act, 2004 made to the institution or to a health information custodian that is acting as part of the institution.

Ministry of Government Services Act

The Ministry of Government Services Act is amended to expand the Ministry's mandate so that in addition to acquiring, managing and providing common services for the Government, the Ministry may acquire, manage and provide particular common services for one or more Government related agencies or related governments if doing so furthers the interests of the Government and if the Ministry and the Government related agency or related government enter into an agreement with respect to those services. Definitions of "common services" and "related government" are added and the definition of "Government related agency" is changed.

Public Service Act

The Public Service Act is amended to remove the requirement that the Civil Service Commission establish a list of eligibles when recruiting qualified persons for the civil service. The Act is also amended to remove the requirement that the deputy minister choose from the lists of eligibles when nominating a person to fill a vacancy in the classified service.

The Act is amended to provide for the Commission, rather than the Lieutenant Governor in Council on the recommendation of the Commission, to appoint persons on the probationary staff of the classified service to the regular staff. The Commission may make these appointments effective as of a date before the date on which the amendment comes into force. The Act is amended to retain the Commission's power, but remove the Lieutenant Governor in Council's power, to appoint persons in the term classified service to another part of the classified service. The Act is amended to provide for the Commission, rather than the Lieutenant Governor in Council on the recommendation of the Commission, to reappoint civil servants who retire at the age of 65 years for a period not exceeding one year at a time until the end of the month in which they attain the age of 70 years. The Commission may make these reappointments effective as of a date before the date on which the amendment comes into force.

In addition to the Commission's authority to delegate to a deputy minister the Commission's powers to appoint persons nominated by the deputy minister to positions on the probationary staff, to appoint persons nominated by the deputy minister to the term classified service, and to appoint persons in the term classified service to another part of the classified service, the Commission is given the authority to delegate to a deputy minister the Commission's new power to appoint persons on the probationary staff of the classified service to the regular staff. However, deputy ministers are not authorized to subdelegate the appointment powers that the Commission delegates to them.

The Act is amended to add deputy ministers to the lists of those who may appoint civil servants, public servants and Crown employees.

The Act is amended to clarify that if a deputy minister is absent or if there is a vacancy in the office, a public servant designated by the minister of the deputy may perform the duties and exercise the powers of the deputy, not only as set out in the Public Service Act but also as set out in any other Act or as otherwise assigned to the deputy.

Treasury Board Act, 1991

The Treasury Board Act, 1991 is amended to remove the qualifiers "financial and administrative" in the provision empowering the Board to issue directives, so that the Board may issue any directives it considers necessary in the performance of its duties.

SCHEDULE O
MINISTRY OF MUNICIPAL AFFAIRS
AND HOUSING

Building Code Act, 1992

Amendments to clause 7 (e) and subsection 13 (6) are made to reflect the role of registered code agencies that may be appointed. The other amendments are technical in nature.

Building Code Statute Law Amendment Act, 2002

An amendment to the Building Code Act, 1992 that has never been proclaimed is repealed.

Municipal Act, 2001

Section 110 is amended to clarify that municipalities may provide for exemptions from development charges without also providing for exemptions from property taxes.

The time limitation in clause 356 (1) (b) is removed.

Municipal Tax Assistance Act

The amendment to section 4 of the Municipal Tax Assistance Act would allow the Minister to designate provincial properties as properties in respect of which subsection 4 (3) does not apply.

Social Housing Reform Act, 2000

The amendments to section 64 and subsection 172 (2) of the Social Housing Reform Act, 2000 provide that waiting lists for units modified to be accessible to a person with physical disabilities may be managed differently than waiting lists for units with provincially funded services, if permitted by the regulations.

Subsections 103 (3) and (4) of the Act are amended to clarify that the amounts determined under those provisions may be negative amounts for the purposes of determining the amount of a subsidy payable to a housing provider.

Technical corrections are made to sections 17, 20, 96, 117 and 158 of the Act.

SCHEDULE P
MINISTRY OF NATURAL RESOURCES

Aggregate Resources Act

Licensees and permittees must inform the Aggregate Resources Trust of the amount of material they have removed from a site.

Subsection 62 (1) of the Act specifies that documents relating to quantities of aggregate removed and to inventories of material on site are to be kept.

A new section 63 gives an inspector the power to issue an order directing compliance with a provision of the Act or the regulations that is being contravened and, where a pit or quarry is being operated without a licence, an order may be made requiring that operations cease. Section 63.1 provides for an appeal from an order of an inspector under section 63 but the order appealed from remains in effect until the decision on the appeal is made.

Lakes and Rivers Improvement Act

The main amendments are as follows:

1. A holder of an approval from the Minister under Part 1 of the Act must comply with the conditions of the approval.

2. An inspector may inspect data during the course of an inspection.

3. Offences are created for failing to construct, alter, improve or repair a dam in conformity with approved plans and specifications and for failing to obey the conditions of an approval.

Niagara Escarpment Planning and Development Act

The amendments to the Niagara Escarpment Planning and Development Act relate to provisions dealing with the communication of a notice of decision on an application for a development permit and the service of certain notices and orders.

Oil, Gas and Salt Resources Act

In addition to providing new definitions for the terms "correlative rights", "facility", "well", "pipeline" and "inspector", the main amendments relate to the following:

1. Clarification of the powers and duties of the Mining and Lands Commissioner.

2. Providing inspectors with additional inspection powers and the power to make an order for the plugging of a well or the decommissioning of a facility.

3. Providing for the Minister's consent to the transfer of a well licence or a permit issued under the Act.

4. Prohibiting the construction of buildings or structures within 75 metres of a well or facility that has not been decommissioned.

Public Lands Act

The amendments to the Public Lands Act are of a housekeeping nature.

SCHEDULE Q
MINISTRY OF NORTHERN DEVELOPMENT
AND MINES

Northern Services Boards Act

The Schedule also makes amendments to the Northern Services Boards Act to correct a reference in Form 2 of that Act.

Ontario Northland Transportation Commission Act

The Schedule changes the Commission's fiscal year.

SCHEDULE R
MINISTRY OF TOURISM

The Schedule repeals the City of Toronto XXIX Summer Olympic Games Bid Endorsement Act, 1998..

SCHEDULE S
MINISTRY OF TRAINING, COLLEGES
AND UNIVERSITIES

Ministry of Training, Colleges and Universities Act

The Schedule amends the Ministry of Training, Colleges and Universities Act to clarify the authority of the Minister to make awards and grants, in addition to the authority to make student loans, and to expand the regulation-making authority in relation to such awards, grants and student loans.

Ontario Colleges of Applied Arts and Technology Act, 2002

The Schedule amends the Ontario Colleges of Applied Arts and Technology Act, 2002 to provide that each college established under that Act is a non-share corporation. The Act currently provides that the board of governors of the college is a corporation, not the college itself.

University of Ontario Institute of Technology Act, 2002

The Schedule makes a minor amendment to the University of Ontario Institute of Technology Act, 2002.

SCHEDULE T
MINISTRY OF TRANSPORTATION

Bridges Act

Section 2 of the Bridges Act is amended to clarify that the approval of the Minister of Transportation under that Act is not required for work on a bridge, culvert or causeway that has been approved under the Public Lands Act or the Lakes and Rivers Improvement Act.

Highway 407 Act, 1998 and Highway 407 East Completion Act, 2001

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.

Highway Traffic Act

Housekeeping amendments are made to the Highway Traffic Act as follows: changing obsolete references to the Fire Departments Act to the Fire Protection and Prevention Act, 1997; changing obsolete references to the Solicitor General and Minister of Correctional Services to the Minister of Community Safety and Correctional Services; repealing clause 70 (1) (i) that refers back to a now repealed subsection; using consistent terminology respecting traffic control signals in section 144.

Local Roads Boards Act

An obsolete reference to prepaid first class mail is changed to mail.

Ministry of Transportation Act

A provision is added to the Ministry of Transportation Act to protect individuals from personal liability if they act in good faith in the exercise of their duties.

Public Transportation and Highway Improvement Act

An obsolete reference to the Treasurer of Ontario is changed to the Minister of Finance.

Financial assistance for transit to municipalities and band councils is provided through sections 116 and 118 of the Act. The alternative funding provisions in sections 91, 92, 93 and 93.1 of the Act are repealed.

Shortline Railways Act, 1995

The definitions of "shortline railway" and "shortline railway company" and the application section of the Shortline Railways Act, 1995 are amended.

A new section 4.1 is added to regulate the construction and alteration of shortline railways.

Housekeeping amendments are made to ensure consistent use of terminology in the Act.

[38] Bill 190 Original (PDF)

Bill 190 2005

An Act to promote
good government by amending
or repealing certain Acts
and by enacting one new Act

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

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

Contents of Act

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

Commencement

2.  (1)  Subject to subsection (2), 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 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 Good Government Act, 2005.

SCHEDULE A
MINISTRY OF AGRICULTURE AND FOOD

Agricultural Tile Drainage
Installation Act

1.  (1)  The French version of the following provisions of the Agricultural Tile Drainage Installation Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 8 (1).

2. Subsection 9 (1).

3. Subsection 9 (2).

4. Subsection 9 (3).

5. Subsection 9 (5).

6. Subsection 10 (1).

7. Subsection 10 (3).

8. Subsection 10 (4).

(2)  The French version of subsections 8 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis doit être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 9 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(4)  The French version of subsection 10 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Animals for Research Act

2.  (1)  The French version of the following provisions of the Animals for Research Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 9 (1).

2. Subsection 10 (2).

3. Subsection 10 (3).

4. Subsection 10 (5).

5. Subsection 11 (1).

6. Subsection 11 (3).

7. Subsection 11 (4).

8. Clause 23 (c).

(2)  The French version of subsections 9 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du paragraphe (1), le Tribunal tient une nouvelle audience afin de décider si le permis ou l'enregistrement devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 10 (1) of the Act is repealed and the following substituted:

Parties

(1)  Sont parties à l'instance devant le Tribunal, le directeur, l'appelant et les autres personnes que celui-ci peut désigner.

(4)  The French version of subsection 10 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(5)  The French version of subsection 11 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Beef Cattle Marketing Act

3.  (1)  The French version of the following provisions of the Beef Cattle Marketing Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 13 (1).

2. Subsection 14 (2).

3. Subsection 14 (3).

4. Subsection 14 (4).

5. Section 15.

6. Subsection 16 (1).

7. Subsection 16 (3).

8. Subsection 16 (4).

(2)  The French version of subsections 13 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du paragraphe (1), le Tribunal tient une nouvelle audience afin de décider si l'usine devrait être inscrite sur la liste ou radiée de celle-ci. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 14 (1) of the Act is repealed and the following substituted:

Parties

(1)  Sont parties à l'instance devant le Tribunal, le directeur, l'appelant et les autres personnes que celui-ci peut désigner.

(4)  The French version of subsection 16 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Commodity Board Members Act

4.  (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 appears 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).

Crop Insurance Act (Ontario), 1996

5.  (1)  Subsection 10 (2) of the Crop Insurance Act (Ontario), 1996 is repealed and the following substituted:

Notice of appeal

(2)  To appeal a matter in dispute, the appellant shall file a written notice of appeal with the Tribunal and send a copy of the notice to the other party within two years of filing the claim under the contract of insurance.

(2)  Ontario Regulation 140/96 is revoked.

Dead Animal Disposal Act

6.  (1)  The French version of the following provisions of the Dead Animal Disposal Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 10 (1).

2. Subsection 11 (2).

3. Subsection 11 (3).

4. Subsection 11 (5).

5. Subsection 12 (1).

6. Subsection 12 (3).

7. Subsection 12 (5).

(2)  The French version of subsections 10 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 11 (1) of the Act is repealed and the following substituted:

Parties

(1)  Sont parties à l'instance devant le Tribunal, le directeur, l'appelant et les autres personnes que celui-ci peut désigner.

(4)  The French version of subsection 11 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(5)  The French version of subsection 12 (4) of the Act is repealed and the following substituted:

Pouvoirs de la Cour

(4)  L'appel interjeté en vertu du présent article peut porter sur toute question qui n'est pas seulement une question de fait. La Cour peut confirmer ou modifier la décision du Tribunal, ordonner au directeur de prendre une mesure qu'il est autorisé à prendre par la présente loi, ou renvoyer l'affaire au Tribunal pour réexamen selon ce que la Cour juge opportun. La Cour peut substituer son opinion à celle du directeur ou du Tribunal.

(6)  The amendments to the Act, set out in subsections (1) to (5), do not apply if section 56 of the Food Safety and Quality Act, 2001 has come into force.

Drainage Act

7.  (1)  The French version of the following provisions of the Drainage Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 3 (16).

2. Subsection 5 (2) in the portion after clause (b).

3. Subsection 8 (3).

4. Subsection 10 (7).

5. Subsection 10 (8).

6. Subsection 10 (9).

7. Subsection 45 (2).

8. Subsection 48 (1) in the portion after clause (d).

9. Subsection 48 (2).

10. Section 49.

11. Subsection 50 (1).

12. Subsection 54 (1).

13. Subsection 54 (2).

14. Section 55.

15. Section 56.

16. Subsection 58 (4).

17. Subsection 58 (5).

18. Subsection 62 (2).

19. Section 64.

20. Subsection 65 (4).

21. Subsection 65 (5).

22. Subsection 66 (2).

23. Subsection 72 (2).

24. Subsection 76 (1).

25. Subsection 76 (3).

26. The heading immediately before section 98.

27. Subsection 98 (4) in the portion before clause (a).

28. Subsection 98 (6).

29. Subsection 98 (8).

30. Subsection 98 (9).

31. Subsection 98 (11).

32. Section 99.

33. Section 101.

34. Subsection 106 (2).

35. Section 119.

(2)  The French version of subsection 6 (3) of the Act is repealed and the following substituted:

Appel

(3)  La partie qui fait la demande d'une évaluation des répercussions sur l'environnement ou le conseil de la municipalité initiatrice, selon le cas, peut, dans les 40 jours à compter de la date de réception du compte rendu sur cette question, interjeter appel auprès du Tribunal. Celui-ci peut confirmer ou modifier le compte rendu, selon ce qu'il estime approprié.

(3)  The French version of subsection 10 (6) of the Act is repealed and the following substituted:

Appel devant le Tribunal

(6)  Si le conseil de la municipalité initiatrice fait défaut d'ordonner à l'ingénieur de procéder à la préparation d'un rapport, un pétitionnaire peut interjeter appel devant le Tribunal. Toutefois, dans le cas de biens-fonds utilisés à des fins agricoles qui sont situés dans la zone sujette au drainage, le ministre peut renvoyer la question devant le Tribunal et celui-ci peut ordonner au conseil de prendre les mesures que ce dernier est autorisé à prendre en vertu de la présente loi et que le Tribunal estime appropriées.

(4)  The French version of section 51 of the Act is repealed and the following substituted:

Pouvoirs du Tribunal

51.  (1)  Le Tribunal entend et tranche toute question interjetée en appel ou qui fait l'objet d'un renvoi devant lui en vertu de la présente loi. À défaut de dispositions à ce sujet, il peut rendre les ordonnances et ordonner de prendre les mesures qu'il est autorisé à rendre ou à ordonner en vertu de la présente loi ou celles qu'il juge appropriées aux fins de l'application de la présente loi.

Parties

(2)  Les parties à un appel ou à un renvoi dont est saisi le Tribunal en vertu de la présente loi sont celles qui interjettent l'appel ou demandent le renvoi et toutes les autres personnes que le Tribunal peut spécifier.

(5)  The French version of section 53 of the Act is repealed and the following substituted:

Ajournement de l'audience de l'appel

53.  Lorsque le motif d'appel porte sur le fait que l'évaluation des biens-fonds ou des chemins est d'un montant excessif et que la preuve présentée permet au tribunal de révision ou au Tribunal d'être convaincu que les montants de l'évaluation de ces biens-fonds ou de ces chemins devraient être réduits, et qu'aucune preuve n'indique que le montant d'une telle réduction devrait être perçu à l'égard des biens-fonds ou des chemins dont les propriétaires sont parties à des appels en instance devant le tribunal de révision ou le Tribunal, le tribunal de révision ou le Tribunal ajourne l'audience de l'appel pour une durée suffisante afin de permettre au secrétaire d'aviser par courrier affranchi de la date jusqu'à laquelle elle est ajournée, les personnes que l'appelant peut spécifier et qui selon le rôle d'évaluation révisé le plus récent sont censées être les propriétaires des biens-fonds concernés par l'appel. Le secrétaire avise de l'ajournement de l'appel toutes les personnes intéressées. Lors de la tenue de l'audience de l'appel ainsi ajournée, le tribunal de révision ou le Tribunal tranche la question en appel. En outre, si le tribunal de révision ou le Tribunal le juge opportun, il répartit de nouveau les évaluations de la façon qui lui paraît juste.

(6)  The French version of subsection 54 (3) of the Act is repealed and the following substituted:

Procédure

(3)  Le Tribunal, au moyen d'une nouvelle audience, connaît de chaque appel et le tranche de la façon qu'il juge appropriée. La décision du Tribunal est définitive.

(7)  The French version of subsection 72 (1) of the Act is repealed and the following substituted:

Examen par le Tribunal

(1)  Le conseil de la municipalité locale, dans un délai de 40 jours à compter de la date de présentation de la note d'honoraires de l'ingénieur au secrétaire de la municipalité, peut, après en avoir donné avis à l'ingénieur, adresser par voie de requête une demande au Tribunal afin que celui-ci examine la note d'honoraires et y apporte les corrections qu'il estime justes.

(8)  The French version of subsection 75 (1) of the Act is amended by striking out the portion after clause (b) and substituting the following:

Le conseil d'une municipalité à qui cette copie est signifiée peut, dans les 40 jours suivants, interjeter appel de ce règlement municipal devant le Tribunal en invoquant pour motif que les travaux qui y sont prévus ne sont pas nécessaires ou que les installations de drainage n'ont jamais été achevées en raison du défaut ou de la négligence à cet effet de la municipalité dont l'obligation était de les faire exécuter.

(9)  The French version of clause 98 (4) (a) of the Act is repealed and the following substituted:

a) tenir des séances à l'endroit où il l'entend en Ontario et à plus d'un endroit simultanément;

(10)  The French version of subsection 98 (7) of the Act is repealed and the following substituted:

Sténographes judiciaires

(7)  Le Tribunal peut retenir les services de sténographes judiciaires en vue d'établir les procès-verbaux de ses audiences. Il peut fixer leurs honoraires et ceux-ci sont inclus dans les dépens afférents à l'audience. Ces dépens sont imputés et versés selon les directives que peut donner le Tribunal.

(11)  The French version of subsection 98 (10) of the Act is amended by striking out "saisie la Commission" and substituting "saisi le Tribunal" and by striking out "que la Commission" and substituting "que le Tribunal".

(12)  The French version of section 100 of the Act is amended by striking out "La Commission, lorsqu'elle" at the beginning and substituting "Le Tribunal, lorsqu'il".

Farm Implements Act

8.  (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 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 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;

(c) the cost of labour for doing the repair, based on the dealer's posted shop rate for labour; and

(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 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 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;

Farm Products Marketing Act

9.  (1)  Clause 5 (1) (b) of the Farm Products Marketing Act is repealed.

(2)  Clause 8 (1) (b) of the Act is repealed.

(3)  The definitions of "chicks-for-placement", "fowl" and "local board" in subsection 21 (1) of the Act are repealed and the following substituted:

"chicks-for-placement" means female chickens 19 weeks of age or less or any class of them; ("poussins pour la mise en place")

"fowl" means a domestic hen more than 19 weeks of age; ("poule adulte")

"local board" means the Ontario Egg Producers; ("commission locale")

Farm Registration and Farm Organizations Funding Act, 1993

10.  (1)  The French version of the following provisions of the Farm Registration and Farm Organizations Funding Act, 1993 is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 4 (1).

2. Subsection 4 (2).

3. Subsection 4 (3).

4. Subsection 4 (4).

5. Subsection 8 (1).

6. Subsection 8 (2).

7. Subsection 9 (1).

8. Subsection 10 (3).

9. Subsection 11 (1).

10. Subsection 11 (3).

11. Subsection 11 (4).

12. Subsection 14 (1).

13. Subsection 14 (2).

14. Subsection 15 (1).

15. Subsection 16 (3).

16. Subsection 17 (1).

17. Subsection 17 (2).

18. Subsection 17 (3).

19. Subsection 17 (4).

20. Subsection 18 (1).

21. Subsection 19 (1).

22. Subsection 19 (2).

23. Subsection 22 (1).

24. Subsection 22 (2).

25. Subsection 22 (3).

26. Subsection 22 (4).

27. Subsection 22 (5).

28. Section 30.

29. Section 32.

(2)  The French version of subsection 5 (1) of the Act is repealed and the following substituted:

Audience relative à la requête

(1)  Le Tribunal tient une audience avant de décider s'il doit agréer un organisme ou renouveler son agrément.

(3)  The French version of subsection 6 (1) of the Act is repealed and the following substituted:

Ordonnance relative à la requête

(1)  S'il décide que l'organisme satisfait aux critères prescrits pour les organismes agricoles agréés, le Tribunal accorde l'agrément à l'organisme par ordonnance. S'il décide que l'organisme ne satisfait pas à ces critères, il lui refuse l'agrément.

(4)  The French version of subsections 10 (1) and (2) of the Act is repealed and the following substituted:

Ordonnance relative à la révision

(1)  S'il décide que l'organisme agricole agréé ne satisfait plus aux critères prescrits pour un organisme agricole agréé, le Tribunal peut, par ordonnance :

a) soit révoquer l'agrément de l'organisme;

b) soit exiger que l'organisme satisfasse, dans un délai précis, aux conditions qu'il précise pour conserver son agrément.

Suspension de l'agrément

(2)  Si le Tribunal exige d'un organisme qu'il satisfasse à des conditions précises, il peut suspendre son agrément. Le paragraphe 21 (3) ne s'applique pas jusqu'à ce que ces conditions soient satisfaites.

(5)  The French version of subsection 11 (2) of the Act is repealed and the following substituted:

Avis donné au ministère

(2)  Le Tribunal avise le ministère de chaque requête qu'il reçoit en vertu du présent article.

(6)  The French version of subsections 16 (1) and (2) of the Act is repealed and the following substituted:

Ordonnance relative à la révision

(1)  S'il décide que l'organisme francophone admissible ne satisfait pas aux conditions requises pour recevoir une aide financière spéciale, le Tribunal peut, par ordonnance :

a) soit annuler l'admissibilité de l'organisme;

b) soit exiger que l'organisme satisfasse, dans un délai précis, aux conditions qu'il précise pour conserver son admissibilité.

Suspension de l'admissibilité

(2)  Si le Tribunal exige de l'organisme qu'il satisfasse à des conditions précises, il peut suspendre son admissibilité jusqu'à ce que ces conditions soient satisfaites.

(7)  The French version of subsection 22 (6) of the Act is repealed and the following substituted:

Ordonnance du Tribunal

(6)  S'il est convaincu qu'un particulier visé au paragraphe (1), (2) ou (3) s'oppose à la remise d'un paiement à un organisme agricole ou au dépôt d'une formule d'inscription d'entreprise agricole en raison de ses convictions ou croyances religieuses sincères, le Tribunal rend une ordonnance le dispensant du paiement ou du dépôt.

(8)  The French version of sections 26 and 27 of the Act is repealed and the following substituted:

Collecte de renseignements

26.  Le Tribunal ou un de ses employés à qui il le demande peut rassembler les renseignements ou examiner les documents qu'il estime nécessaires et interroger toute personne en ce qui concerne une question dont le Tribunal est saisi.

Observations acceptées

27.  (1)  À ses audiences, le Tribunal peut accepter des observations des personnes qui n'auraient normalement pas le droit de présenter des observations aux termes de la présente loi, s'il donne aux parties la possibilité de répondre à ces observations.

Preuve supplémentaire

(2) À ses audiences, le  Tribunal peut examiner les renseignements pertinents qu'il a obtenus en plus de la preuve qui y est présentée, s'il informe d'abord les parties des renseignements supplémentaires et leur donne l'occasion d'y répondre.

(9)  The French version of section 29 of the Act is repealed and the following substituted:

Réexamen des ordonnances

29.  Le Tribunal peut réexaminer une ordonnance qu'il a rendue et la confirmer ou la remplacer.

(10)  The French version of section 31 of the Act is amended by striking out "La Commission donne un avis écrit de l'ordonnance qu'elle rend" at the beginning and substituting "Le Tribunal donne un avis écrit de l'ordonnance qu'il rend".

Grains Act

11.  (1)  The French version of the following provisions of the Grains Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 13 (1).

2. Subsection 14 (1).

3. Subsection 14 (2).

4. Subsection 14 (3).

5. Subsection 14 (5).

6. Subsection 15 (1).

7. Subsection 15 (3).

8. Subsection 15 (4).

(2)  The French version of subsections 13 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision de l'inspecteur en chef ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle de l'inspecteur en chef.

(3)  The French version of subsection 14 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(4)  The French version of subsection 15 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Livestock and Livestock Products Act

12.  (1)  The French version of the following provisions of the Livestock and Livestock Products Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 8 (1).

2. Subsection 9 (2).

3. Subsection 9 (3).

4. Subsection 9 (5).

5. Subsection 10 (1).

6. Subsection 10 (3).

7. Subsection 10 (4).

(2)  The French version of subsections 8 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 9 (1) of the Act is repealed and the following substituted:

Parties

(1)  Sont parties à l'instance devant le Tribunal, le directeur, l'appelant et les autres personnes que celui-ci peut désigner.

(4)  The French version of subsection 9 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(5)  The French version of subsection 10 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Livestock Community Sales Act

13.  (1)  The French version of the following provisions of the Livestock Community Sales Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 8 (1).

2. Subsection 9 (1).

3. Subsection 9 (2).

4. Subsection 9 (3).

5. Subsection 9 (5).

6. Subsection 10 (1).

7. Subsection 10 (3).

(2)  The French version of subsections 8 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 9 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(4)  The French version of subsections 10 (4) and (5) of the Act is repealed and the following substituted:

Pouvoir de la Cour

(4)  L'appel interjeté aux termes du présent article peut porter sur toute question qui n'est pas seulement une question de fait. La Cour peut confirmer ou modifier la décision du Tribunal, ordonner au directeur de prendre une mesure qu'il est habilité à prendre en vertu de la présente loi ou, si cela semble opportun à la Cour, renvoyer la question au Tribunal afin qu'il reconsidère sa décision. La Cour peut substituer son opinion à celle du directeur ou du Tribunal.

Effet de la décision du Tribunal

(5)  Malgré l'appel de la décision du Tribunal, interjeté aux termes du présent article par l'auteur de la demande ou le titulaire du permis, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

Livestock Medicines Act

14.  (1)  Section 1 of the Livestock Medicines Act is amended by adding the following definitions:

"licensee" means the holder of a licence; ("titulaire d'un permis")

"seller" means a natural person who is authorized to sell, offer to sell or transfer any livestock medicine to any other person, whether as a licensee or acting on behalf of a licensee as an agent or employee of the licensee; ("vendeur")

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

"livestock" means,

(a) a member of any species of animal,

(i) that is raised for the purpose of producing meat or other products that are intended for human consumption,

(ii) that is raised for a purpose other than human consumption but whose meat or other products may be consumed by human beings,

(iii) whose meat or other products may be used to produce food for other animals,

(b) a furbearing mammal within the meaning of the Fish and Wildlife Conservation Act, 1997 raised in captivity for any purpose, or

(c) a bee within the meaning of the Bees Act raised in captivity for any purpose; ("betail")

(3)  The definition of "Tribunal" in section 1 of the 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")

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

(b) one member representing the Ministry of Health and Long-Term Care;

(c) one member representing the Department of Health of the Government of Canada;

(5)  Clause 2 (2) (f) of the Act is repealed and the following substituted:

(f) one member representing the Ontario Agri Business Association;

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

Remuneration

(4)  The members of the Committee, other than members employed in the public service of Ontario or Canada, may receive the remuneration and reimbursement of expenses that the Minister determines in accordance with the policy set by the Management Board of Cabinet established under the Management Board of Cabinet Act.

(7)  Clause 2 (5) (e) of the Act is amended by striking out "and" at the end of subclause (i), by adding "and" at the end of subclause (ii) and by adding the following subclause:

(iii) the education, training and testing required for sellers.

(8)  Section 4 of the Act is repealed and the following substituted:

Licences

4.  (1)  Subject to subsections (2) and (3), no person shall sell, offer to sell or transfer any livestock medicine to any other person except if the first person is a licensee or is acting on behalf of a licensee as an agent or employee of the licensee.

Certificate required

(2)  A natural person who is a licensee and who sells, offers to sell or transfers any livestock medicine of a group prescribed by the regulations to another person shall hold a valid certificate, issued in accordance with the regulations, evidencing that the person has received the required training in the care, handling and sale of the group of livestock medicine.

Same, agent or employee

(3)  An agent or employee of a licensee who, acting on behalf of the licensee, sells, offers to sell or transfers any livestock medicine of a group prescribed by the regulations to another person shall,

(a) hold a valid certificate, issued in accordance with the regulations, evidencing that the person has received the required training in the care, handling and sale of the group of livestock medicine; or

(b) be supervised by a person who holds a certificate described in clause (a).

Exception

(4)  Subsections (1), (2) and (3) do not apply to a person who is authorized by another Act to sell, offer to sell or transfer drugs or classes of drugs that the regulations designate as livestock medicine.

Offence

(5)  Any person who contravenes this section is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not more than $5,000 or to imprisonment for a term of not more than three months, or to both; and

(b) for a subsequent offence, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

(9)  Subsection 5 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Issuance of licences

(1)  The Director shall issue a licence to a person who makes application for it in accordance with this Act and the regulations and pays the prescribed fee unless, after a hearing, the Director is of opinion that,

. . . . .

(10)  The French version of the following provisions of the Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 9 (1).

2. Subsection 10 (1).

3. Subsection 10 (2).

4. Subsection 10 (3).

5. Subsection 10 (5).

6. Subsection 11 (1).

7. Subsection 11 (3).

8. Subsection 11 (4).

(11)  The French version of subsections 9 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Décision sur l'appel

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis devrait être délivré, renouvelé, suspendu ou révoqué. Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(12)  The French version of subsection 10 (4) of the Act is repealed and the following substituted:

Preuve

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(13)  The French version of subsection 11 (5) of the Act is repealed and the following substituted:

Effet de la décision du Tribunal

(5)  Malgré l'appel, la décision du Tribunal a plein effet jusqu'à ce que l'appel soit réglé, sauf directive contraire de celui-ci.

(14)  The Act is amended by adding the following sections:

Administrative penalties

11.1  (1)  If the Director is of the opinion that a person has contravened this Act or the regulations or has failed to comply with a condition of a licence, the Director may, subject to the regulations made under subsection (11), issue a notice in writing requiring the person to pay an administrative penalty in the amount set out in the notice for each day or part of a day on which the contravention or failure occurred or continues.

Limitation

(2)  The Director shall not issue a notice under subsection (1) in respect of a contravention or failure later than two years after the later of,

(a) the day the contravention or failure occurred; and

(b) the day on which the evidence of the contravention or failure first came to the attention of the Director or an inspector.

Amount of penalty

(3)  An administrative penalty in respect of a contravention or failure shall not exceed $2,000 for each day or part of a day on which the contravention or failure occurs or continues.

Contents of notice

(4)  The notice of an administrative penalty served on the person who is required to pay the penalty shall,

(a) contain a description of the contravention or failure to which the notice relates, including, where appropriate, the date and location of the contravention or failure;

(b) specify the amount of the penalty determined by the Director in accordance with the regulations made under subsection (11);

(c) give particulars respecting the time for paying the penalty and the manner of payment; and

(d) provide information to the person as to the person's right to require a hearing of the matter by the Tribunal under subsection (5).

Right to hearing

(5)  The person who is required by a notice to pay an administrative penalty may, within 15 days after service of the notice on the person, by a written notice served on the Director and the Tribunal, require the Tribunal to hold a hearing with respect to the matter to which the notice relates and, in that case, the requirement to pay is stayed until the disposition of the matter.

Tribunal's powers

(6)  At a hearing by the tribunal of a matter to which a notice of an administrative penalty relates, the Tribunal may confirm, rescind or amend the notice according to what it considers reasonable in the circumstances, but it shall not vary the amount of the penalty unless it considers the amount to be unreasonable.

Regulations

(7)  For greater certainty, the regulations made under subsection (11) apply to the Tribunal's decisions under subsection (6).

No offence if penalty paid

(8)  If the person who is required by the notice or the Tribunal's decision to pay the administrative penalty pays it in accordance with the notice or the Tribunal's decision, the person shall not be charged with an offence in respect of the contravention or failure to which the penalty relates.

Failure to pay

(9)  If the person who is required by the notice or the Tribunal's decision to pay the administrative penalty does not pay it in accordance with the notice or the Tribunal's decision,

(a) the notice or decision may be filed with the local registrar of the Superior Court of Justice and the notice or decision may be enforced as if it were an order of the court;

(b) the Director may by order suspend any licence that has been issued to the person until the administrative penalty is paid; and

(c) the Director may refuse to issue any licence to the person until the administrative penalty is paid.

Interest

(10)  Section 129 of the Courts of Justice Act applies in respect of a notice or decision filed with the Superior Court of Justice under subsection (9) and, for the purpose, the date on which the decision or notice is filed shall constitute the date of the order.

Regulations

(11)  The Minister may make regulations,

(a) specifying the form and content of notices of administrative penalties;

(b) specifying the types of contraventions or failures in respect of which and the circumstances in which the Director shall not issue a notice under this section;

(c) governing the determination of the amounts of administrative penalties, including the criteria to be considered and including providing for different amounts depending on when the administrative penalty is paid;

(d) respecting any other matter necessary for the administration of a system of administrative penalties provided for by this section.

Order to restrain

11.2  (1)  If a person contravenes this Act or the regulations or fails to comply with a condition of a licence, the Minister may, in addition to any other remedy and to any other penalty imposed by law, apply to the Superior Court of Justice for an order restraining the person from continuing the contravention or failure.

Court order

(2)  If a court convicts a person of an offence under this Act, it may, on its own initiative or on application by counsel for the prosecutor, in addition to any other remedy and to any other penalty imposed by law, make an order prohibiting the continuation or repetition by the person of the act or omission for which the person was convicted.

Delegation of powers

11.3  (1)  The Minister may enter into an agreement with an individual, partnership, unincorporated association or corporation, delegating to the individual, partnership or corporation any of the powers or duties of the Minister related to,

(a) the qualifications, education, training, testing of sellers;

(b) the licensing of persons; or

(c) the certification of persons who are required to hold a certificate described in subsection 4 (2) or (3).

Definition

(2)  In this section,

"delegation agreement" means an agreement described in subsection (1).

Contents of agreement

(3)  A delegation agreement shall contain the limitations, conditions and requirements applicable to the delegation and all other provisions that the Minister considers advisable in the public interest, including provisions,

(a) requiring that the delegate comply with applicable Ministry standards and policies, including standards and policies relating to quality assurance and audits;

(b) setting the financial terms of the delegation;

(c) requiring the delegate to obtain and maintain specified kinds and amounts of insurance;

(d) providing that the Minister may appoint persons to the board of directors of the delegate, if the delegate is a corporation without share capital;

(e) authorizing the delegate to carry on other activities unrelated to the delegated powers and duties.

Regulation

(4)  A delegation under a delegation agreement is not effective unless the Minister makes a regulation,

(a) prescribing the powers and duties that are to be delegated by the agreement; and

(b) specifying the individual, partnership or corporation to which the powers and duties are to be delegated.

Revocation of delegation

(5)  The Minister may by regulation revoke a delegation in whole or in part if, in the opinion of the Minister,

(a) the delegate has contravened or failed to comply with this Act or the regulations;

(b) the delegate has contravened or failed to comply with the delegation agreement; or

(c) it is in the public interest to do so.

Effect of regulation

(6)  The delegation is revoked by a regulation made under subsection (5) on the day specified in the regulation or, if no day is specified in the regulation, on the day the regulation comes into force.

Notice

(7)  The Minister may give the delegate notice of the Minister's intention to make a regulation under subsection (5) that the Minister considers reasonable in the circumstances.

Other remedies

(8)  The power to revoke a delegation is in addition to, and does not bar or affect, the Minister's right to exercise any other remedy under the delegation agreement or at law.

Obligations of delegate

(9)  The delegate shall exercise and perform the powers and duties delegated to the delegate in accordance with the law and, in particular, in accordance with this Act, the regulation prescribing the delegated powers and duties and the delegation agreement.

Appointment of directors

(10)  If a delegation agreement with a corporation without share capital so provides, the Minister may appoint one or more persons to the board of directors of the delegate, as the agreement specifies, for the terms of office that the Minister considers appropriate.

Remuneration and expenses

(11)  The remuneration and expenses of the directors appointed by the Minister shall be the responsibility of the delegate.

Annual report

(12)  A delegate shall report annually to the Minister on its activities over the previous year with respect to the delegated powers and duties.

Additional reports

(13)  A delegate shall provide the additional reports to the Minister that the delegation agreement requires or the Minister requests.

Regulations

(14)  The Minister may make regulations,

(a) prescribing the powers and duties of the Minister that are to be delegated under a delegation agreement;

(b) specifying the individual, partnership, unincorporated association or corporation to whom the powers and duties are to be delegated;

(c) respecting any matter that the Minister considers advisable to carry out effectively the intent and purpose of this section.

Crown liability

11.4  (1)  Delegates under section 11.3 are not agents of the Crown for any purpose, despite the Crown Agency Act, and shall not hold themselves out as such.

Same, delegation

(2)  No action or other proceeding shall be instituted against the Crown, the Minister or any employee of the Ministry,

(a) for any act done in the execution or intended execution of a power or duty delegated under section 11.3 or for an alleged neglect or default in the execution of a power or duty delegated under that section; or

(b) for any tort committed by a delegate under section 11.3 or an employee or agent of the delegate in relation to a power or duty delegated under that section.

No personal liability

(3)  Except in the case of an application for judicial review or an action or proceeding that any Act or regulation under this or any other Act specifically provides with respect to a person mentioned in this subsection, no action or other proceeding for damages or otherwise shall be instituted against an employee of the Ministry of Agriculture and Food, the Director, an inspector, a member of the Tribunal or a Crown employee within the meaning of the Public Service Act, who is acting under the direction of that employee, Director, inspector or member, for any act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of that duty or authority.

Fees

11.5  (1)  The Minister may,

(a) establish fees that are payable in respect of any matter under this Act;

(b) specify what persons are required to pay the fees and to whom the fees are payable;

(c) provide for the retention of all or part of the fees by the person to whom they are payable; and

(d) provide for the refund of fees.

Requirement to pay

(2)  A person required to pay fees described in subsection (1) shall pay them in accordance with that subsection.

(15)  Section 12 of the Act is amended by striking out "$2,000" and substituting "$10,000" and by striking out "$5,000" and substituting "$25,000".

(16)  The Act is amended by adding the following section:

Forms

13.1  The Minister may prescribe forms with respect to any matter under this Act and provide for their use.

(17)  Section 14 of the Act is repealed and the following substituted:

Regulations

14.  (1)  The Minister may make regulations,

(a) designating drugs or classes of drugs as livestock medicines for the purposes of this Act;

(b) prescribing groups of livestock medicines for the purposes of subsection 4 (2) or (3);

(c) providing for the manner of issuing licences and prescribing their duration and the fees payable;

(d) establishing classes of licences and designating the livestock medicines that may be sold under each class of licence;

(e) prescribing the terms and conditions on which licences or any class of licence are issued;

(f) establishing the education, training and testing that persons who are required to hold a certificate described in subsection 4 (2) or (3) must have in order to be issued with such a certificate and providing for the issuance of such a certificate;

(g) exempting classes of persons from the requirement of subsection 4 (1) to hold a licence, in the prescribed circumstances and subject to the prescribed restrictions;

(h) prescribing the terms and conditions under which licensees shall sell livestock medicines;

(i) prescribing the facilities and equipment to be provided for the maintenance, handling and storage of livestock medicines by licensees;

(j) prescribing the books and records that persons shall keep, the returns that persons shall make and the information that persons shall furnish with respect to the purchase and sale of livestock medicines;

(k) governing advertising in respect of livestock medicines and the furnishing of information to the public by licensees;

(l) respecting any other matter necessary or advisable to carry out effectively the intent and purpose of this Act.

Same, Lieutenant Governor

(2)  The Lieutenant Governor in Council may make regulations,

(a) adding to, removing, replacing or changing in any other way the grounds upon which or the circumstances in which the Director may issue, renew, suspend or revoke a licence under section 5 or 6;

(b) governing the seizure, removal, detention and disposal of livestock medicines for the purposes of clause 3 (5) (c);

(c) providing for the removal and disposal of livestock medicines in the possession of an applicant or a licensee where the Director refuses to issue or renew a licence or where the Director suspends or revokes a licence.

Scope

(3)  A regulation may be general or particular in its application and may be limited as to the place or the group of livestock medicines in respect of which it applies.

Livestock, Poultry and Honey Bee Protection Act

15.  (1)  The French version of the following provisions of the Livestock, Poultry and Honey Bee Protection Act is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 13 (1).

2. Subsection 13 (2).

3. Subsection 13 (3).

4. Subsection 13 (4).

5. Subsection 13 (6).

6. Subsection 13 (7).

(2)  The French version of subsection 13 (5) of the Act is repealed and the following substituted:

Conclusions de fait

(5)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

Meat Inspection Act (Ontario)

16.  (1)  The French version of the following provisions of the Meat Inspection Act (Ontario) is amended by striking out "Commission" wherever that expression appears and substituting in each case "Tribunal", and by making the necessary grammatical changes:

1. Subsection 8 (1).

2. Subsection 9 (2).

3. Subsection 9 (3).

4. Subsection 9 (5).

5. Subsection 10 (1).

6. Subsection 10 (3).

7. Subsection 10 (4).

8. Subsection 10 (5).

(2)  The French version of subsections 8 (2) and (3) of the Act is repealed and the following substituted:

Prorogation du délai

(2)  Le Tribunal peut proroger le délai prévu au paragraphe (1), avant ou après l'expiration de ce délai, s'il est convaincu qu'il existe des moyens d'appel apparemment fondés et qu'il existe des motifs raisonnables pour demander la prorogation.

Pouvoirs du Tribunal

(3)  Saisi d'un appel en vertu du présent article, le Tribunal tient une nouvelle audience afin de décider si le permis doit être délivré, renouvelé, suspendu ou révoqué.  Il peut, à la suite de l'audience, confirmer ou modifier la décision du directeur ou ordonner à celui-ci de prendre une mesure que la présente loi l'autorise à prendre et que le Tribunal juge opportune. À cette fin, le Tribunal peut substituer son opinion à celle du directeur.

(3)  The French version of subsection 9 (1) of the Act is repealed and the following substituted:

Parties

(1)  Sont parties à l'instance devant le Tribunal, le directeur, l'appelant et les autres personnes que celui-ci peut désigner.

(4)  The French version of subsection 9 (4) of the Act is repealed and the following substituted:

Conclusions de fait

(4)  Lors d'une audience, le Tribunal fonde ses conclusions de fait uniquement sur la preuve admissible ou sur ce dont il peut prendre connaissance en vertu des articles 15 et 16 de la Loi sur l'exercice des compétences légales.

(5)  The amendments to the Act, set out in subsections (1) to (4), do not apply if section 59 of the Food Safety and Quality Act, 2001 has come into force.

Milk Act

17.  (1)  The definition of "Minister" in section 1 of the Milk Act 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 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 appears and substituting in each case "auprès du Tribunal":

1. Subsection 2.10 (3).

2. Subsection 19.1 (8).

Ministry of Agriculture, Food
and Rural Affairs Act

18.  (1)  The short title of the Ministry of Agriculture, Food and Rural Affairs Act 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 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 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 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 is amended by striking out "Agriculture, Food and Rural Affairs Appeal".

(6)  Subsection 14 (1) of the Act 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 is repealed.

(8)  The French version of the following provisions of the Act is amended by striking out "Commission d'appel" wherever that expression appears 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.

Veterinarians Act

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

(c) is not in default of an annual fee set by the by-laws; and

(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 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 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 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 is repealed.

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

(10)  Subsection 9 (1) of the Act 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 the 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.

(11)  Subsection 9 (1) of the Act is amended by adding the following paragraphs:

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 where they practise 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 of the College 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 of the College 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, constitute a quorum.

(17)  Subsections 28 (1), (2) and (3) of the Act are 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 persons whom the Lieutenant Governor in Council has appointed as members of the Council; and

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

Quorum

(2)  A majority of the members of the Discipline Committee, at least one of whom is a person whom the Lieutenant Governor in Council has appointed as a member of the Council, constitutes a quorum.

Panels

(3)  The chair of the Discipline Committee may appoint panels composed of at least three members of the Committee, at least one of whom is a person whom the Lieutenant Governor in Council has appointed as a member of the Council and at least one of whom is person who is both a member of the College and a member of the Council, to hear,

(a) allegations of a member's professional misconduct or serious neglect for which the Executive Committee or the Complaints Committee has directed the Discipline Committee to hold a hearing under subsection 30 (1); or

(b) an application that the Registrar has referred to the Committee under subsection 37 (5).

Simultaneous panels

(3.1)  The Discipline Committee may sit in two or more panels simultaneously if a quorum is present in each panel.

Quorum of panel

(3.2)  Three members of a panel of the Discipline Committee, at least one of whom is a person whom the Lieutenant Governor in Council has appointed as a member of the Council and at least one of whom is a person who is both a member of the College and a member of the Council, constitute a quorum of the panel.

Votes

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

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

(19)  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.

(20)  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".

(21)  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.

(22)  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;

(23)  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".

(24)  Subsections 43 (1) and (2) of the Act are amended by striking out "or the regulations" wherever that expression appears and substituting in each case "the regulations or the by-laws".

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

General

20.  Subject to section 21, the Acts named in Column 1 of the Table are amended by striking out "Agriculture, Food and Rural Affairs" wherever that expression appears 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 in the portion before clause (a)

 

subsection 17 (3)

(The expression appears in two places.)

Agricultural Employees Protection Act, 2002

subsection 2 (1), definition of "Tribunal"

(The expression appears 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 appears in two places.)

Animals for Research Act

section 1, definition of "Tribunal"

(The expression appears in two places.)

Beef Cattle Marketing Act

section 1, definition of "Tribunal"

(The expression appears in two places.)

Crop Insurance Act (Ontario), 1996

section 1, definition of "Tribunal"

(The expression appears in two places.)

 

subsection 3 (1)

 

subsection 3 (3)

 

section 4 in the portion before clause (a)

 

subsection 12 (1)

 

subsection 13 (4)

Dead Animal Disposal Act

section 1, definition of "Tribunal"

(The expression appears in two places.)

Drainage Act

section 1, definition of "Tribunal"

(The expression appears in two places.)

Farm Implements Act

section 1, definition of "Minister"

 

section 1, definition of "Tribunal"

(The expression appears 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 appears 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 appears in two places.)

 

subsection 28 (1) in the portion before clause (a.01)

Livestock and Livestock Products Act

section 1, definition of "Tribunal"

(The expression appears in two places.)

Livestock Community Sales Act

section 1, definition of "Tribunal"

(The expression appears in two places.)

Livestock, Poultry and Honey Bee Protection Act

section 1, definition of "Tribunal"

(The expression appears in two places.)

Meat Inspection Act (Ontario)

section 1, definition of "Tribunal"

(The expression appears in two places.)

Municipal Act, 2001

subsection 149 (1)

21.  (1)  The amendments to the Dead Animal Disposal Act, set out in the Table to section 20, do not apply if section 56 of the Food Safety and Quality Act, 2001 has come into force.

(2)  The amendments to the Meat Inspection Act (Ontario), set out in the Table to section 20, do not apply if section 59 of the Food Safety and Quality Act, 2001 has come into force.

Repeals of Unconsolidated Provisions

22.  Section 2 of The Agricultural Associations Amendment Act, 1950, being chapter 1, is repealed.

23.  (1)  Subsection 26 (3) of The Agricultural Development Act, being chapter 78 of the Revised Statutes of Ontario, 1937, as set out in subsection 3 (2) of The Agricultural Development Amendment Act, 1949, being chapter 2, is repealed.

(2)  Section 4 of The Agricultural Development Amendment Act, 1949, being chapter 2, is repealed.

(3)  Subsection 1 (2) of The Agricultural Development Repeal Act, 1973, being chapter 32, as set out in section 1 of The Agricultural Development Repeal Amendment Act, 1979, being chapter 35, is repealed.

(4)  The Agricultural Development Repeal Amendment Act, 1979, being chapter 35, is repealed.

24.  Section 2 of The Agricultural Development Finance Amendment Act, 1949, being chapter 3, is repealed.

25.  (1)  Section 3 of The Agricultural Societies Act, being chapter 47 of the Revised Statutes of Ontario, 1914, is repealed.

(2)  Sections 4 and 5 of The Agricultural Societies Amendment Act, 1921, being chapter 30, are repealed.

(3)  Subsection 6 (9) of The Agricultural Societies Act, being chapter 47 of the Revised Statutes of Ontario, 1914, as set out in section 2 of The Agricultural Societies Act, 1924, being chapter 29, is repealed.

26.  Section 3 of the Beef Cattle Marketing Amendment Act, 1987, being chapter 28, is repealed.

27.  The Brucellosis Repeal Act, 1989, being chapter 61, is repealed.

28.  (1)  Clause 5b (1) (b) and subsections 5b (2) and (3) of The Department of Agriculture Act, being chapter 92 of the Revised Statutes of Ontario, 1960, as set out in section 1 of The Department of Agriculture Amendment Act, 1965, being chapter 27, are repealed.

(2)  Clause 5b (1) (c) and subsection 5b (1a) of The Department of Agriculture Act, being chapter 92 of the Revised Statutes of Ontario, 1960, as set out in section 7 of The Department of Agriculture Amendment Act, 1966, being chapter 39, are repealed.

(3)  Sections 8 and 9 of The Department of Agriculture Amendment Act, 1966, being chapter 39, are repealed.

(4)  Subsection 5b (1a) of The Department of Agriculture and Food Act, being chapter 92 of the Revised Statutes of Ontario, 1960, as set out in section 1 of The Department of Agriculture and Food Amendment Act, 1967, being chapter 19, is repealed.

(5)  Section 2 of The Department of Agriculture and Food Amendment Act, 1967, being chapter 19, is repealed.

(6)  Clauses 5b (1) (b), (c) and (d) and subsections 5b (2a) and (2b) of The Department of Agriculture and Food Act, being chapter 92 of the Revised Statutes of Ontario, 1960, as set out in section 1 of The Department of Agriculture and Food Amendment Act, 1968, being chapter 26, are repealed.

(7)  Section 2 of The Department of Agriculture and Food Amendment Act, 1968, being chapter 26, is repealed.

29.  The Farm Loans and Farm Loans Adjustment Repeal Act, 1987, being chapter 3, is repealed.

30.  (1)  Section 10 of The Farm Products Marketing Act, 1946, being chapter 29, is repealed.

(2)  Section 8 of The Farm Products Marketing Amendment Act, 1955, being chapter 21, is repealed.

(3)  Section 6 of The Farm Products Marketing Amendment Act, 1957, being chapter 34, is repealed.

(4)  Section 5 of The Farm Products Marketing Amendment Act, 1958, being chapter 27, is repealed.

(5)  Section 8 of The Farm Products Marketing Amendment Act, 1959, being chapter 35, is repealed.

(6)  Section 3 of The Farm Products Marketing Amendment Act, 1972, being chapter 156, is repealed.

31.  Section 4 of The Farm Products Payments Amendment Act, 1980, being chapter 82, is repealed.

32.   The Fruits and Vegetables Produce-for-Processing Act, 1974 , being chapter 55, is repealed.

33.  (1)  Section 27 of The Milk Act, 1965, being chapter 72, is repealed.

(2)  Section 2 of The Milk Amendment Act, 1968-69, being chapter 67, is repealed.

(3)  Sections 2 and 3 of The Milk Amendment Act, 1972, being chapter 155, are repealed.

(4)  Subsection 12a (4) of The Milk Act, being chapter 273 of the Revised Statutes of Ontario, 1970, as set out in section 4 of The Milk Amendment Act, 1972 (No. 2), being chapter 162, is repealed.

34.  Subsection 12 (2) of The Milk Control Act, 1948, being chapter 55, is repealed.

35.  (1)  Section 6 of The Milk Industry Amendment Act, 1958, being chapter 58, is repealed.

(2)  Section 7 of The Milk Industry Amendment Act, 1959, being chapter 59, is repealed.

36.  (1)  Section 23 of The Ministry of Agriculture and Food Statute Law Amendment and Repeal Act, 1978, being chapter 100, is repealed.

(2)  Sections 9b, 9c and 9d of the Ministry of Agriculture and Food Act, being chapter 270 of the Revised Statutes of Ontario, 1980, as set out in subsection 1 (5) of the Ministry of Agriculture and Food Statute Law Amendment Act, 1988, being chapter 13, are repealed.

37.   The Ontario Creameries Act, 1883 , being chapter 5, is repealed.

38.  Subsection 2 (2) of The Plant Diseases Amendment Act, 1966, being chapter 117, is repealed.

39.  Subsections 5 (2) and (3) of The Provincial Aid to Drainage Amendment Act, 1950, being chapter 58, are repealed.

40.  Section 2 of The Seed Grain Subsidy Repeal Act, 1968, being chapter 124, is repealed.

41.  (1)  Sections 3, 4 and 5 of The Veterinary Science Practice Act, 1933, being chapter 66, are repealed.

(2)  Subsection 21 (2) of The Veterinarians Act, 1958, being chapter 121, is repealed.

(3)  Section 11 of The Veterinarians Act, being chapter 416 of the Revised Statutes of Ontario, 1960, is repealed.

42.  (1)   The Winter Fair Act, 1926 , being chapter 20, is repealed.

(2)   The Winter Fair Act, 1927 , being chapter 26, is repealed.

Revocation of Regulations

43.  Regulation 1 of the Revised Regulations of Ontario, 1990, made under the Abandoned Orchards Act, being chapter A.1 of the Revised Statutes of Ontario, 1990, is revoked.

44.  Ontario Regulation 130/88, made under the Agricultural Societies Act, being chapter 14 of the Revised Statutes of Ontario, 1980, is revoked.

45.  Regulation 28 of the Revised Regulations of Ontario, 1990, made under the Artificial Insemination of Livestock Act, being chapter A.29 of the Revised Statutes of Ontario, 1990, is revoked.

46.  Regulation 179 of the Revised Regulations of Ontario, 1990, made under the Co-operative Loans Act, being chapter C.36 of the Revised Statutes of Ontario, 1990, is revoked.

47.  Regulation 282 of the Revised Regulations of Ontario, 1990, made under the Edible Oil Products Act, being chapter E.1 of the Revised Statutes of Ontario, 1990, is revoked.

48.  The following regulations made under the Farm Income Stabilization Act, being chapter F.5 of the Revised Statutes of Ontario, 1990, are revoked:

1. Regulation 370 of the Revised Regulations of Ontario, 1990.

2. Regulation 371 of the Revised Regulations of Ontario, 1990.

3. Ontario Regulation 508/78.

4. Ontario Regulation 509/78.

5. Ontario Regulation 510/78.

6. Ontario Regulation 292/81.

7. Ontario Regulation 672/82.

8. Ontario Regulation 431/83.

9. Ontario Regulation 509/85.

10. Ontario Regulation 585/86.

49.  Ontario Regulation 506/95, made under the Fur Farms Act, being chapter F.37 of the Revised Statutes of Ontario, 1990, is revoked.

50.  Regulation 643 of the Revised Regulations of Ontario, 1990, made under the Hunter Damage Compensation Act, being chapter H.21 of the Revised Statutes of Ontario, 1990, is revoked.

51.  Ontario Regulation 700/94, made under the Livestock Identification Act, being chapter L.21 of the Revised Statutes of Ontario, 1990, formerly the Livestock Branding Act, is revoked.

52.  Regulation 830 of the Revised Regulations of Ontario, 1990, made under the Non-Resident Agricultural Land Interests Registration Act, being chapter N.4 of the Revised Statutes of Ontario, 1990, is revoked.

53.  Regulation 864 of the Revised Regulations of Ontario, 1990, made under the Oleomargarine Act, being chapter O.5 of the Revised Statutes of Ontario, 1990, is revoked.

54.  Regulation 1014 of the Revised Regulations of Ontario, 1990, made under the Riding Horse Establishments Act, being chapter R.32 of the Revised Statutes of Ontario, 1990, is revoked.

55.  Regulation 1016 of the Revised Regulations of Ontario, 1990, made under the Seed Potatoes Act, being chapter S.6 of the Revised Statutes of Ontario, 1990, is revoked.

56.  Regulation 1024 of the Revised Regulations of Ontario, 1990, made under the Stock Yards Act, being chapter S.25 of the Revised Statutes of Ontario, 1990, is revoked.

Commencement

Commencement

57.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Good Government Act, 2005 receives Royal Assent.

Same

(2)  Section 3 and subsections 19 (8), (9) and (11) come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE B
MINISTRY OF THE ATTORNEY GENERAL

Architects Act

1.  (1)  Subsection 3 (4) of the Architects Act is repealed.

(2)  Section 14 of the Act is amended by adding the following subsection:

Exclusion

(2.1)  Sections 3.2, 3.3 and 3.4 of the Business Corporations Act do not apply to a corporation that has been issued a certificate of practice under this section.

(3)  Section 16 of the Act is amended by adding the following subsection:

Exclusion

(2)  Sections 3.2, 3.3 and 3.4 of the Business Corporations Act do not apply to a corporation that is a partner in a partnership of corporations that has been issued a certificate of practice under this section.

(4)  Subsection 30 (4) of the Act is amended by striking out "send to the complainant and to the person complained against by prepaid first class mail" and substituting "mail to the complainant and to the person complained against".

Assessment Review Board Act

2.  Section 8.1 of the Assessment Review Board Act is repealed and the following substituted:

Board may set, charge fees

8.1  (1)  The Board, subject to the approval of the Attorney General, may set and charge fees,

(a) in respect of proceedings brought before the Board under,

(i) the Assessment Act, or

(ii) the Municipal Act, 2001;

(b) for furnishing copies of forms, notices or documents filed with or issued by the Board or otherwise in the Board's possession; or

(c) for other services provided by the Board.

Same

(2)  The Board may treat different kinds of complaints, applications and appeals differently in setting fees.

Make fees public

(3)  The Board shall ensure that its fee structure is available to the public.

Waiver or refund of fee

(4)  In appropriate circumstances, the Board may waive or refund all or part of a fee charged under this section.

Change of Name Act

3.  Subsection 8 (2) of the Change of Name Act is amended by striking out "intended" in the portion before clause (a) and substituting "intended, in his or her opinion".

Children's Law Reform Act

4.  Sections 10 and 11 of the Children's Law Reform Act are repealed and the following substituted:

Leave for blood tests and DNA tests

10.  (1)  On the application of a party in a civil proceeding in which the court is called on to determine a child's parentage, the court may give the party leave to obtain blood tests or DNA tests of the persons who are named in the order granting leave and to submit the results in evidence.

Conditions

(2)  The court may impose conditions, as it thinks proper, on an order under subsection (1).

Consent to procedure

(3)  The Health Care Consent Act, 1996 applies to the blood test or DNA test as if it were treatment under that Act.

Inference from refusal

(4)  If a person named in an order under subsection (1) refuses to submit to the blood test or DNA test, the court may draw such inferences as it thinks appropriate.

Exception

(5)  Subsection (4) does not apply if the refusal is the decision of a substitute decision-maker as defined in section 9 of the Health Care Consent Act, 1996.

Crown Witnesses Act

5.  The Crown Witnesses Act is amended by adding the following section:

Agreements relating to confidential name changes

Purpose

6.  (1)  The purpose of an agreement under this section is to facilitate, in circumstances that the Attorney General considers appropriate, with respect to persons who have undergone confidential name changes, and with respect to any other persons who live with or are related to them,

(a) the provision of services and benefits to which they would otherwise be entitled, or the provision of equivalent services and benefits; and

(b) the enforcement of financial obligations to the Crown to which they would otherwise be subject.

Agreements with other authorities in Ontario

(2)  The Attorney General and any of the following may enter into an agreement under this section:

1. Another minister of the Crown.

2. An agency, board or commission of the Government of Ontario.

3. A municipality as defined in the Municipal Affairs Act.

Agreements with other governments in Canada

(3)  The Attorney General may enter into an agreement under this section with the Government of Canada or with the government of any province or territory.

Delegation

(4)  The Attorney General may, in writing, delegate any power conferred on him or her by this section to the Deputy Attorney General or to any other employee of the Ministry, subject to any limitations, restrictions, conditions and requirements that are set out in the delegation.

Same

(5)  An agreement entered into by a person authorized to do so by a delegation made under subsection (4) has the same effect as if entered into by the Attorney General, despite section 6 of the Executive Council Act.

Alternate criteria and mechanisms

(6)  An agreement under this section may provide for,

(a) alternate eligibility criteria and alternate delivery mechanisms that are designed to allow persons described in subsection (1) to receive services and benefits that are as nearly equivalent as possible to those to which they would otherwise be entitled; and

(b) alternate mechanisms that are designed to permit the Attorney General and the other party to the agreement to enforce financial obligations to the Crown to which persons described in subsection (1) would otherwise be subject.

Powers

(7)  The Attorney General and the other party to an agreement under this section have all the powers necessary to give effect to the agreement.

Deemed compliance

(8)  The criteria and mechanisms described in subsection (6), and any arrangements made under them, shall be deemed to comply with the law of Ontario.

Confidentiality, privilege and non-disclosure

(9)  All information relating to the application of this section is confidential and privileged and is not subject to release, production or disclosure, except,

(a) with the consent of the Attorney General; or

(b) as required for the administration of justice.

Conflict

(10)  This section applies despite any other Act or regulation.

Definition

(11)  In this section,

"confidential name change" means a name change under subsection 8 (2) of the Change of Name Act or under a similar provision of the law of another jurisdiction.

Execution Act

6.  (1)  Section 3 of the Execution Act is repealed and the following substituted:

Sale and refund of amount of exemption

3.  (1)  Where exemption is claimed for a chattel referred to in paragraph 3 of section 2 that has a sale value in excess of the amount referred to in that paragraph plus the costs of the sale, and other chattels are not available for seizure and sale, the chattel is subject to seizure and sale under a writ of execution and the amount referred to in that paragraph shall be paid to the debtor out of the proceeds of the sale.

Same

(2)  The debtor may, in lieu of the chattels referred to in paragraph 4 of section 2, elect to receive the proceeds of the sale thereof up to the amount referred to in that paragraph, in which case the officer executing the writ shall pay the net proceeds of the sale if they do not exceed the amount referred to in that paragraph or, if they exceed that amount, shall pay that sum to the debtor in satisfaction of the debtor's right to exemption under that paragraph.

Same

(3)  Where exemption is claimed for a motor vehicle that has a sale value in excess of the amount referred to in paragraph 6 of section 2 plus the costs of the sale, the motor vehicle is subject to seizure and sale under a writ of execution and the amount referred to in that paragraph shall be paid to the debtor out of the proceeds of the sale.

(2)  Section 4 of the Act is amended by striking out "subsection 3 (1) or (2)" and substituting "subsection 3 (1), (2) or (3)".

(3)  Subsection 35 (1) of the Act is amended by striking out "and subsections 3 (1) and (2)" at the end.

(4)  Subsection 35 (3) of the Act is amended by striking out "and subsections 3 (1) and (2)" at the end.

Executive Council Act

7.  Subsection 2 (1) of the Executive Council Act is amended by striking out "Minister of Health" and substituting "Minister of Health and Long-Term Care".

Expropriations Act

8.  Clause 5 (3) (b) of the Expropriations Act is amended by striking out "Minister of Health" and substituting "Minister of Health and Long-Term Care".

Family Law Act

9.  (1)  Clause 33 (3) (d) of the Family Law Act is repealed.

(2)  Subsection 37 (1) of the Act is amended by striking out "or confirmed" in the portion before clause (a).

(3)  Subsection 38 (2) of the Act is amended by striking out "or confirmed".

(4)  Section 44 of the Act is repealed.

(5)  Part III of the Act is amended by adding the following section:

Transition

50.  (1)  Despite the repeal of section 44 by subsection 9 (4) of Schedule B to the Good Government Act, 2005, a provisional order that is made but not confirmed before the repeal may be confirmed under section 44 as if that section were still in force.

Same

(2)  An order confirmed under section 44 before the coming into force of subsection 9 (4) of Schedule B to the Good Government Act, 2005 or in accordance with subsection (1) shall be deemed to have been made under this Part.

Family Responsibility and Support Arrears Enforcement Act, 1996

10.  The definition of "provisional order" in subsection 1 (1) of the Family Responsibility and Support Arrears Enforcement Act, 1996 is repealed and the following substituted:

"provisional order" means an order that has no effect until it is confirmed by another court and includes orders made under subsection 18 (2) of the Divorce Act (Canada) and sections 7 and 30 of the Interjurisdictional Support Orders Act, 2002; ("ordonnance conditionnelle")

Human Rights Code

11.  The French version of section 18 of the Human Rights Code is amended by striking out "logement" and substituting "adaptation".

Interpretation Act

12.  Subsection 29 (1) of the Interpretation Act is amended by striking out the following definitions:

1. "Mental defective" and "mentally defective person".

2. "Mental deficiency".

Legal Aid Services Act, 1998

13.  Section 24 of the Legal Aid Services Act, 1998 is repealed and the following substituted:

Application for certificate

24.  (1)  Every application for a certificate shall be made and decided in a manner approved by the Corporation.

Residents and non-residents

(2)  The Corporation may approve different manners of making and deciding applications with respect to,

(a) individuals who are ordinarily resident in Ontario; and

(b) individuals who are not ordinarily resident in Ontario.

Ontario Municipal Board Act

14.  (1)  Subsection 42 (2) of the Ontario Municipal Board Act is amended by striking out "Treasurer of Ontario" and substituting "Minister of Finance".

(2)  Section 91 of the Act is amended by adding the following subsection:

Non-application of Regulations Act

(2)  A rule made under this section is not a regulation as defined in the Regulations Act.

(3)  Subsection 99 (2) of the Act is amended by striking out "Treasurer of Ontario" and substituting "Minister of Finance".

Professional Engineers Act

15.  (1)  Subsection 3 (4) of the Professional Engineers Act is repealed.

(2)  Section 15 of the Act is amended by adding the following subsection:

Exclusion

(9)  Sections 3.2, 3.3 and 3.4 of the Business Corporations Act do not apply to,

(a) a corporation that has been issued a certificate of authorization under subsection (1);

(b) a corporation that is a partner in a partnership of corporations that has been issued a certificate of authorization under subsection (3).

(3)  Subsection 24 (4) of the Act is amended by striking out "send to the complainant and to the person complained against by prepaid first class mail" and substituting "mail to the complainant and to the person complained against".

Provincial Offences Act

16.  (1)  Subsection 150 (8) of the Provincial Offences Act is amended by striking out "subject to subsection (9)" and substituting "despite any other Act and subject to subsection (9)".

(2)  Section 150 of the Act is amended by adding the following subsection:

Use of telecommunication device

(10)  Despite the Commissioners for taking Affidavits Act, for the purposes of subsection (8),

(a) evidence may be provided under oath by means of any suitable telecommunication device, including telephone, that is satisfactory to the justice; and

(b) when evidence is provided as described in clause (a), the oath may be administered by the same means.

(3)  Section 158.2 of the Act is repealed and the following substituted:

Duty of person who carries out seizure

158.2  (1)  Subsection (2) applies when,

(a) a person has, under a warrant issued under this or any other Act or otherwise in the performance of his or her duties under an Act, seized any thing,

(i) upon or in respect of which an offence has been or is suspected to have been committed, or

(ii) that there are reasonable grounds to believe will afford evidence as to the commission of an offence; and

(b) no procedure for dealing with the thing is otherwise provided by law.

Same

(2)  The person shall, as soon as is practicable, take the following steps:

1. The person shall determine whether the continued detention of the thing is required for the purposes of an investigation or proceeding.

2. If satisfied that continued detention is not required as mentioned in paragraph 1, the person shall,

i. return the thing, on being given a receipt for it, to the person lawfully entitled to its possession, and

ii. report to a justice about the seizure and return of the thing.

3. If paragraph 2 does not apply, the person shall,

i. bring the thing before a justice, or

ii. report to a justice about the seizure and detention of the thing.

(4)  Subsection 159 (1) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule A, section 15, is amended by striking out "section 158.2" in the portion before clause (a) and substituting "subsection 158.2 (2)".

Public Accounting Act, 2004

17.  (1)  The definition of "designated body" in section 1 of the Public Accounting Act, 2004 is repealed and the following substituted:

"designated body" means each of the Certified General Accountants Association of Ontario, the Institute of Chartered Accountants of Ontario, the Society of Management Accountants of Ontario and any other prescribed entity; ("organisme désigné")

(2)  Subsection 44 (3) of the Act is repealed and the following substituted:

Applicants for licence

(3)  Despite the repeal of the Public Accountancy Act, a person may apply for licensing as a public accountant under subsection 14 (1) of that Act until March 31, 2005 or the prescribed date and if the person satisfies the requirements of that subsection, he or she shall be licensed under this Act and the licence is valid until July 1, 2005 or the prescribed date.

Public Authorities Protection Act

18.  (1)  Subsection 6 (1) of the Public Authorities Protection Act is amended by striking out "abode" and substituting "work".

(2)  Section 6 of the Act is amended by adding the following subsection:

Transition

(1.1)  Subsection (1), as it read on the day before the coming into force of section 18 of Schedule B to the Good Government Act, 2005, continues to apply with respect to actions commenced within seven days after that coming into force.

Public Guardian and Trustee Act

19.  Section 10.1 of the Public Guardian and Trustee Act is repealed and the following substituted:

Admissibility of material from records of the Public Guardian and Trustee

Definitions

10.1  (1)  In this section,

"copy of a record of the Public Guardian and Trustee" includes,

(a) a photocopy of a hard copy,

(b) a print-out of a document or of other information that is stored electronically, and

(c) a print from photographic film; ("copie d'un dossier du Tuteur et curateur public")

"record of the Public Guardian and Trustee" means a document or other information that the Public Guardian and Trustee creates or receives in any medium and records or stores in that medium or in any other medium. ("dossier du Tuteur et curateur public")

Copy as evidence

(2)  A copy of a record of the Public Guardian and Trustee, accompanied by the certificate described in subsection (3), is admissible in evidence and has the same probative force as the information in the record of the Public Guardian and Trustee would itself have had if it had been proved in the ordinary way.

Certificate

(3)  The certificate accompanying the copy shall,

(a) identify the record of the Public Guardian and Trustee and certify that the copy is a true copy or contains the same information as the record of the Public Guardian and Trustee; and

(b) be signed by the Public Guardian and Trustee and sealed with his or her official seal.

Public Inquiries Act

20.  Part I of the Public Inquiries Act is amended by adding the following section:

Languages of final reports

6.1  (1)  The final report of a commission shall be submitted, in accordance with the order in council appointing the commission, in both English and French at the same time.

Same

(2)  When a final report of a commission is made available to the public, it shall be released in both English and French at the same time.

Exception

(3)  The Lieutenant Governor in Council may order that subsection (1), subsection (2) or both subsections do not apply to a final report if, in the opinion of the Lieutenant Governor in Council, the health or safety of the public would not be served by delaying the submission, release or both because only one language version is ready.

Same

(4)  If an order is made under subsection (3), the other language version shall be submitted, released or both, as the case may be, as soon as possible.

Real Property Limitations Act

21.  (1)  Section 36 of the Real Property Limitations Act is amended by striking out "mental deficiency".

(2)  Section 39 of the Act is amended by striking out "mentally defective person".

Statutory Powers Procedure Act

22.  (1)  Section 2 of the Statutory Powers Procedure Act is amended by striking out "under section 25.1" and substituting "under subsection 17.1 (4) or section 25.1".

(2)  Section 17.1 of the Act is repealed and the following substituted:

Costs

17.1  (1)  Subject to subsection (2), a tribunal may, in the circumstances set out in rules made under subsection (4), order a party to pay all or part of another party's costs in a proceeding.

Exception

(2)  A tribunal shall not make an order to pay costs under this section unless,

(a) the conduct or course of conduct of a party has been unreasonable, frivolous or vexatious or a party has acted in bad faith; and

(b) the tribunal has made rules under subsection (4).

Amount of costs

(3)  The amount of the costs ordered under this section shall be determined in accordance with the rules made under subsection (4).

Rules

(4)  A tribunal may make rules with respect to,

(a) the ordering of costs;

(b) the circumstances in which costs may be ordered; and

(c) the amount of costs or the manner in which the amount of costs is to be determined.

Same

(5)  Subsections 25.1 (3), (4), (5) and (6) apply with respect to rules made under subsection (4).

Continuance of provisions in other statutes

(6)  Despite section 32, nothing in this section shall prevent a tribunal from ordering a party to pay all or part of another party's costs in a proceeding in circumstances other than those set out in, and without complying with, subsections (1) to (3) if the tribunal makes the order in accordance with the provisions of an Act that are in force on February 14, 2000.

Transition

(7)  This section, as it read on the day before the effective date, continues to apply to proceedings commenced before the effective date.

Same

(8)  Rules that are made under section 25.1 before the effective date and comply with subsection (4) are deemed to be rules made under subsection (4) until the earlier of the following days:

1. The first anniversary of the effective date.

2. The day on which the tribunal makes rules under subsection (4).

Definition

(9)  In subsections (7) and (8),

"effective date" means the day on which section 22 of Schedule B to the Good Government Act, 2005 comes into force.

Substitute Decisions Act, 1992

23.  (1)  Paragraph 4 of subsection 17 (1) of the Substitute Decisions Act, 1992 is repealed and the following substituted:

4. A trust corporation within the meaning of the Loan and Trust Corporations Act, if the incapable person has a spouse or partner who consents in writing to the application.

(2)  Section 19 of the Act is amended by adding the following subsections:

Exception, remaining statutory guardian

(4)  If there is a remaining statutory guardian as described in subsection (5),

(a) the remaining statutory guardian continues to have power to act; and

(b) subsections (1), (2) and (3) do not apply.

Same

(5)  There is a remaining statutory guardian for the purposes of subsection (4), unless the certificate of statutory guardianship provides otherwise, if the following conditions are satisfied:

1. Before the event described in paragraph 2, there are two or more joint statutory guardians of property.

2. One of the joint statutory guardians of property dies, becomes incapable of managing property or gives notice to the Public Guardian and Trustee of his or her resignation.

(3)  Subsection 24 (2.1) of the Act is repealed and the following substituted:

P.G.T.

(2.1)  The court shall not appoint the Public Guardian and Trustee as a guardian under section 22 unless,

(a) the application proposes the Public Guardian and Trustee as guardian;

(b) the application is accompanied by the Public Guardian and Trustee's written consent to the appointment; and

(c) there is no other suitable person who is available and willing to be appointed.

(4)  The Act is amended by adding the following section:

Access to personal information

31.1  Any person who has personal information about an incapable person to which the incapable person would be entitled to have access if capable, including health information and records, shall disclose it to the incapable person's guardian of property on request.

(5)  Subsection 39 (1) of the Act is amended by striking out "on any question arising in the management of the property" and substituting "on any question arising in connection with the guardianship or power of attorney".

(6)  Subsection 57 (2.2) of the Act is repealed and the following substituted:

P.G.T.

(2.2)  The court shall not appoint the Public Guardian and Trustee as a guardian under section 55 unless,

(a) the application proposes the Public Guardian and Trustee as guardian;

(b) the application is accompanied by the Public Guardian and Trustee's written consent to the appointment; and

(c) there is no other suitable person who is available and willing to be appointed.

(7)  Clause 59 (2) (d) of the Act is amended by striking out "to which the person could have access if capable" and substituting "to which the person would be entitled to have access if capable".

(8)  The Act is amended by adding the following section:

Access to personal information

59.1  Any person who has personal information about an incapable person to which the incapable person would be entitled to have access if capable, including health information and records, shall disclose it to the incapable person's guardian of the person on request if the guardian has the power referred to in clause 59 (2) (d).

(9)  Section 81 of the Act is repealed and the following substituted:

Order for enforcement of assessment order

81.  (1)  When an order for an assessment has been made under section 79, the court may, on motion, order the applicant in the proceeding in which the person's capacity is in issue, together with a police officer, to apprehend the person, take him or her into custody and bring him or her to a specified place to be assessed there, if the court is satisfied that,

(a) the assessor named in the order under section 79 has made all efforts that are reasonable in the circumstances to assess the person;

(b) the assessor was prevented from assessing the person by the actions of the person or of others;

(c) a restraining order is not appropriate in the circumstances, or has already been used without success; and

(d) there is no less intrusive means of permitting the assessment to be performed than an order under this subsection.

Duration of order

(2)  The order is valid for seven days.

Execution of order

(3)  The person named in the order and a police officer may enter the place specified in the order, between 9 a.m. and 4 p.m. or during the hours specified in the order, and may search for and remove the person, using such force as may be necessary.

Health facility

(4)  An order under subsection (1) that specifies a health facility as the place where the assessment is to be conducted authorizes the person's admission to the facility and his or her detention there, for the purpose of the assessment.

Restrictions

(5)  The person shall not be held in custody longer than is necessary for the purpose of the assessment, and in any case not for a period exceeding 72 hours, and while in custody shall not be confined in a manner that exceeds what is necessary for the purpose of the assessment.

(10)  Clauses 90 (1) (d), (e) and (e.1) of the Act are repealed and the following substituted:

(d) designating classes of persons, including persons who have successfully completed qualifying courses referred to in clause (e), as being qualified to do assessments of capacity or specific types of assessments of capacity;

(e) respecting qualifying courses for assessors;

(e.1) respecting continuing education courses for assessors, including requiring assessors to successfully complete continuing education courses at prescribed times or at prescribed intervals in order to remain qualified;

(e.1.1) prescribing how many assessments of capacity an assessor is required to do in a given period in order to remain qualified;

(e.1.2) prescribing standards for the performance of assessments of capacity by assessors;

(e.1.3) prescribing guidelines for the performance of assessments of capacity by assessors and requiring assessors to comply with the guidelines;

(11)  Section 90 of the Act is amended by adding the following subsection:

General or particular

(3)  A regulation made under subsection (1) may be general or particular in its application.

(12)  The Schedule to the Act is amended by striking out " Ministry of Health Act " and substituting " Ministry of Health and Long-Term Care Act ".

Trustee Act

24.  Section 1 of the Trustee Act is amended by striking out the following definitions:

1. "Mental incompetent" or "mentally incompetent person".

2. "Person of unsound mind".

Commencement

Commencement

25.  (1)  Subject to subsections (2) to (9), this Schedule comes into force on the day the Good Government Act, 2005 receives Royal Assent.

Same

(2)  Subsections 1 (2) and (3) and subsection 15 (2) shall be deemed to have come into force on November 1, 2001.

Same

(3)  Subsections 16 (1) and (2) come into force on the later of the day subsection 15 (1) of Schedule A to the Government Efficiency Act, 2002 comes into force and the day the Good Government Act, 2005 receives Royal Assent.

Same

(4)  Subsection 16 (3) comes into force on the later of the day subsection 15 (4) of Schedule A to the Government Efficiency Act, 2002 comes into force and the day the Good Government Act, 2005 receives Royal Assent.

Same

(5)  Subsection 16 (4) comes into force on the later of the day subsection 15 (5) of Schedule A to the Government Efficiency Act, 2002 comes into force and the day the Good Government Act, 2005 receives Royal Assent.

Same

(6)  Subsection 17 (1) comes into force on the later of the day section 1 of the Public Accounting Act, 2004 comes into force and the day the Good Government Act, 2005 receives Royal Assent.

Same

(7)  Subsection 17 (2) comes into force on the later of the day section 44 of the Public Accounting Act, 2004 comes into force and the day the Good Government Act, 2005 receives Royal Assent.

Same

(8)  Section 2 and subsections 9 (2) to (5) come into force on a day to be named by proclamation of the Lieutenant Governor.

Same

(9)  Section 10 comes into force on the day subsections 9 (2) to (5) come into force.

SCHEDULE C
COURT NAMES

Amendments in table form

Table 1

1.  (1)  The provisions referred to in Table 1 to this Schedule are amended by striking out "Ontario Court (General Division)" wherever it appears and substituting in each case "Superior Court of Justice".

Table 2

(2)  The provisions referred to in Table 2 to this Schedule are amended by striking out "Ontario Court (Provincial Division)" wherever it appears and substituting in each case "Ontario Court of Justice".

Table 3

(3)  The provisions referred to in Table 3 to this Schedule are amended by striking out "Accountant of the Ontario Court" wherever it appears and substituting in each case "Accountant of the Superior Court of Justice".

Table 4

(4)  The provisions referred to in Table 4 to this Schedule are amended by striking out "Unified Family Court" wherever it appears and substituting in each case "Family Court of the Superior Court of Justice".

Arrangement of Tables

(5)  In each of the Tables to this Schedule,

(a) Column I sets out the chapter numbers of the Acts that are being amended;

(b) Column II names the Acts that are being amended;

(c) Column III names the provisions that are being amended.

Juries Act, s. 10

2.  (1)  Section 10 of the Juries Act is amended by striking out "Chief Justice of the Ontario Court" and substituting "Chief Justice of the Superior Court of Justice".

Same, s. 22.1

(2)  Section 22.1 of the Act is amended by striking out "General Division" and substituting "Superior Court of Justice".

Commencement

3.  This Schedule and the Tables to it come into force on the day the Good Government Act, 2005 receives Royal Assent.

TABLE 1/TABLEAU 1

I

II

III

Chapter

Chapitre

Act

Loi

Provision

Disposition

A.2

Absconding Debtors Act

Loi sur les débiteurs en fuite

3

   

12 (1)

A.3

Absentees Act

Loi sur les absents

2 (1)

   

8

A.14

Agricultural Tile Drainage Installation Act

Loi sur les installations de drainage agricole

9 (3)

   

10 (3)

A.19

Ambulance Act

Loi sur les ambulances

15 (5)

A.22

Animals for Research Act

Loi sur les animaux destinés à la recherche

10 (3)

   

11 (3)

   

22

17

Arbitration Act, 1991

Loi de 1991 sur l'arbitrage

1, definition of "court"

1, définition de «tribunal judiciaire»

B.5

Beef Cattle Marketing Act

Loi sur la commercialisation des bovins de boucherie

14 (3)

   

16 (3)

B.14

Bulk Sales Act

Loi sur la vente en bloc

1, definition of "court"

1, définition de «tribunal»

B.19

Business Records Protection Act

Loi sur la conservation des documents commerciaux

2 (1)

C.8

Charitable Gifts Act

Loi sur les dons de bienfaisance

3 (3)

   

4 (5)

   

5

   

8

C.9

Charitable Institutions Act

Loi sur les établissements de bienfaisance

9.11 (12)

   

11.1 (8) (b)

2

City of Toronto Act, 1997

Loi de 1997 sur la cité de Toronto

26 (1)

26

City of Toronto Act, 1997 (No. 2)

Loi de 1997 sur la cité de Toronto (nº 2)

82 (1)

6

Class Proceedings Act, 1992

Loi de 1992 sur les recours collectifs

1, definition of "court"

1, définition de «tribunal»

   

30 (2)

   

30 (9)

   

30 (10)

   

30 (11)

C.35

Co-operative Corporations Act

Loi sur les sociétés coopératives

1 (1), definition of "court"

1 (1), définition de «tribunal»

   

171.8 (6)

   

171.8 (7)

   

171.13 (1)

   

171.14 (1)

   

171.16 (2)

   

171.17

   

171.18 (2)

   

171.19

   

171.20 (1)

C.15

Colleges Collective Bargaining Act

Loi sur la négociation collective dans les collèges

46 (6)

   

62 (4)

C.16

Commercial Concentration Tax Act

Loi de l'impôt sur les concentrations commerciales

12 (1)

   

12 (3)

   

12 (4)

   

12 (5)

   

18 (2)

   

19 (10)

L.7

Commercial Tenancies Act

Loi sur la location commerciale

20 (1)

   

21

   

23 (2)

   

32 (1), definition of "under-tenant"

32 (1), définition de «sous-locataire»

   

38 (2)

   

39 (3)

   

56 (1)

   

64 (1)

   

64 (5)

   

65, definition of "judge"

65, définition de «juge»

   

68

   

74 (1)

   

Form 3

Formule 3

1992, c. 18

Community Small Business Investment Funds Act

Loi sur les fonds communautaires d'investissement dans les petites entreprises

35 (1)

C.30

Construction Lien Act

Loi sur le privilège dans l'industrie de la construction

1 (1), definition of "court"

1 (1), définition de «tribunal»

   

50 (1)

C.34

Conveyancing and Law of Property Act

Loi sur les actes translatifs de propriété et le droit des biens

21 (1)

   

27

   

37 (1)

   

48 (1)

   

48 (3)

   

49

   

53 (2)

   

61 (1)

C.37

Coroners Act

Loi sur les coroners

40 (3)

C.41

Costs of Distress Act

Loi sur les frais de saisie-gagerie

6 (2)

   

6 (5)

11

Credit Unions and Caisses Populaires Act, 1994

Loi de 1994 sur les caisses populaires et les credit unions

1, definition of "court"

1, définition de «tribunal»

C.45

Creditors' Relief Act

Loi sur le désintéressement des créanciers

1, definition of "judge"

1, définition de «juge»

   

2 (1)

   

7 (2)

   

8 (5)

   

9 (1)

   

15 (1)

   

16

   

17

   

18

   

19 (1)

   

22 (1)

   

22 (2) (b)

   

35

   

Form 2

Formule 2

   

Form 3

Formule 3

   

Form 4

Formule 4

   

Form 5

Formule 5

   

Form 7

Formule 7

C.49

Crown Attorneys Act

Loi sur les procureurs de la Couronne

8

   

11 (b)

   

11 (c)

   

11 (g)

   

15 (b)

22

Crown Foundations Act, 1996

Loi de 1996 sur les fondations de la Couronne

10 (4)

D.2

Day Nurseries Act

Loi sur les garderies

17 (1)

   

17 (2)

D.3

Dead Animal Disposal Act

Loi sur les cadavres d'animaux

11 (3)

   

12 (3)

D.13

Disorderly Houses Act

Loi sur les maisons de jeu et de débauche

1, definition of "court"

1, définition de «tribunal»

   

2 (3)

H.4

Drug and Pharmacies Regulation Act

Loi sur la réglementation des médicaments et des pharmacies

162 (1)

E.1

Edible Oil Products Act

Loi sur les produits oléagineux comestibles

10 (3)

E.12

Employers and Employees Act

Loi sur les employeurs et employés

10 (1)

   

10 (2)

E.21

Estates Act

Loi sur les successions

1, definition of "common form business"

1, définition de «forme ordinaire»

   

2

   

7 (1)

   

9 (1)

   

10 (1)

   

11 (2)

   

19

   

20

   

21

   

22

   

28

   

29 (1)

   

44 (2)

   

44 (3)

   

44 (4)

   

44 (5)

   

44 (6)

   

44 (7)

   

44 (14)

   

45 (2)

   

47 (1)

   

49 (1)

   

49 (10)

   

52 (1)

   

52 (3)

E.22

Estates Administration Act

Loi sur l'administration des successions

1, definition of "court"

1, définition de «cour»

   

1, definition of "judge"

1, définition de «juge»

F.2

Family Benefits Act

Loi sur les prestations familiales

15 (2)

F.3

Family Law Act

Loi sur le droit de la famille

1 (1), definition of "court"

1 (1), définition de «tribunal»

   

2 (3)

   

33 (6)

   

48

F.9

Farm Products Marketing Act

Loi sur la commercialisation des produits agricoles

13

28

Financial Services Commission of Ontario Act, 1997

Loi de 1997 sur la Commission des services financiers de l'Ontario

23 (1)

F.13

Fines and Forfeitures Act

Loi sur les amendes et confiscations

3

   

6 (2)

F.28

Forestry Workers Lien for Wages Act

Loi sur le privilège des travailleurs forestiers portant sur leur salaire

6 (1)

   

6 (2)

   

8 (1)

   

9 (1)

   

14 (1)

   

23 (5)

   

25 (3)

   

30

G.3

Gas and Oil Leases Act

Loi sur les baux portant sur du gaz naturel et du pétrole

1, definition of "judge"

1, définition de «juge»

G.10

Grains Act

Loi sur le grain

14 (3)

H.1

Habeas Corpus Act

Loi sur l'habeas corpus

1 (1)

   

6

H.2

Healing Arts Radiation Protection Act

Loi sur la protection contre les rayons X

11 (5)

   

12 (2)

   

25

H.5

Health Facilities Special Orders Act

Loi sur les arrêtés extraordinaires relatifs aux établissements de santé

11 (6)

   

13 (2)

   

17

H.6

Health Insurance Act

Loi sur l'assurance-santé

23 (3)

   

45.1 (2)

H.13

Homes for the Aged and Rest Homes Act

Loi sur les foyers pour personnes âgées et les maisons de repos

19.2 (12)

   

30.15 (2) (b)

I.3

Independent Health Facilities Act

Loi sur les établissements de santé autonomes

21 (5)

I.8

Insurance Act

Loi sur les assurances

22 (1)

   

128 (5)

   

169 (10)

   

171, definition of "court"

171, définition de «tribunal»

   

257 (1)

   

271 (1)

   

271 (1.1)

   

271 (1.2)

   

271 (2)

   

278 (4)

   

290, definition of "court"

290, définition de «tribunal»

   

393 (10) (a)

   

448 (1)

I.9

International Commercial Arbitration Act

Loi sur l'arbitrage international commercial

1 (8)

   

7 (1)

I.11

Interpretation Act

Loi d'interprétation

29 (1), definition of "Divisional Court"

29 (1), définition de «Cour divisionnaire»

J.1

Judicial Review Procedure Act

Loi sur la procédure de révision judiciaire

1, definition of "court"

1, définition de «Cour»

   

6 (2)

   

6 (4)

   

8

J.3

Juries Act

Loi sur les jurys

2

   

5 (1) (a)

   

5 (3) (b)

   

8 (3)

   

9

   

12

   

13 (1)

   

14 (1)

   

19 (2)

   

22

   

23 (3) (a)

   

24 (1)

   

25

   

26

   

35 (1) (a)

   

35 (2)

   

36.1 (2)

   

40 (2)

   

42

L.1

Laboratory and Specimen Collection Centre Licensing Act

Loi autorisant des laboratoires médicaux et des centres de prélèvement

12 (5)

   

13 (2)

26

Legal Aid Services Act, 1998

Loi de 1998 sur les services d'aide juridique

45 (3)

   

73 (1)

   

75 (3)

L.14

Lightning Rods Act

Loi sur les paratonnerres

7 (1)

L.20

Livestock and Livestock Products Act

Loi sur le bétail et les produits du bétail

9 (3)

   

10 (3)

L.22

Livestock Community Sales Act

Loi sur la vente à l'encan du bétail

9 (3)

   

10 (3)

L.23

Livestock Medicines Act

Loi sur les médicaments pour le bétail

10 (3)

   

11 (3)

L.24

Livestock, Poultry and Honey Bee Protection Act

Loi sur la protection du bétail, de la volaille et des abeilles

4 (13)

   

9 (15)

L.25

Loan and Trust Corporations Act

Loi sur les sociétés de prêt et de fiducie

50 (5)

   

50 (6)

   

77 (8)

   

77 (9)

   

84 (1)

   

85 (1)

   

106 (4)

   

110 (2)

   

110 (5)

   

113 (8)

   

114 (8)

   

116 (5)

   

148

   

149 (1)

   

173 (4)

   

173 (5)

   

173 (10)

   

173 (11)

   

175 (2)

   

196

   

203 (1)

   

203 (2)

   

206 (3)

   

210 (1)

   

211 (1)

26

Long-Term Care Act, 1994

Loi de 1994 sur les soins de longue durée

57 (2) (b)

M.5

Meat Inspection Act (Ontario)

Loi sur l'inspection des viandes (Ontario)

9 (3)

   

10 (3)

M.8

Mental Hospitals Act

Loi sur les hôpitaux psychiatriques

21 (1)

M.12

Milk Act

Loi sur le lait

22

M.20

Ministry of Community and Social Services Act

Loi sur le ministère des Services sociaux et communautaires

13 (2)

   

16 (4)

M.25

Ministry of Government Services Act

Loi sur le ministère des Services gouvernementaux

11 (4)

M.31

Ministry of Natural Resources Act

Loi sur le ministère des Richesses naturelles

11

M.39

Mortgage Brokers Act

Loi sur les courtiers en hypothèques

26 (3)

   

26 (6)

   

30 (1)

M.41

Motor Vehicle Accident Claims Act

Loi sur l'indemnisation des victimes d'accidents de véhicules automobiles

7 (2)

   

20 (1)

M.48

Municipal Arbitrations Act

Loi sur les arbitres municipaux

1 (2) (a)

   

1 (2) (c)

   

1 (2) (e)

   

5

   

8

   

11

M.50

Municipal Conflict of Interest Act

Loi sur les conflits d'intérêts municipaux

1, definition of "judge"

1, définition de «juge»

N.7

Nursing Homes Act

Loi sur les maisons de soins infirmiers

16 (5)

   

20.6 (12)

O.6

Ombudsman Act

Loi sur l'ombudsman

19 (9)

   

25 (4)

12

Ontario College of Teachers Act, 1996

Loi de 1996 sur l'Ordre des enseignantes et des enseignants de l'Ontario

49

25, Schedule B

25, Annexe B

Ontario Disability Support Program Act, 1997

Loi de 1997 sur le Programme ontarien de soutien aux personnes handicapées

16 (2)

   

16 (3)

O.17

Ontario Guaranteed Annual Income Act

Loi sur le revenu annuel garanti en Ontario

9 (7)

   

13 (1)

O.19

Ontario Highway Transport Board Act

Loi sur la Commission des transports routiers de l'Ontario

14 (2)

   

21

O.20

Ontario Home Ownership Savings Plan Act

Loi sur le régime d'épargne-logement de l'Ontario

13 (1) (b)

O.28

Ontario Municipal Board Act

Loi sur la Commission des affaires municipales de l'Ontario

25

   

38

   

79

   

86 (1)

   

98

O.36

Ontario Society for the Prevention of Cruelty to Animals Act

Loi sur la Société de protection des animaux de l'Ontario

18 (1)

25, Schedule A

25, Annexe A

Ontario Works Act, 1997

Loi de 1997 sur le programme Ontario au travail

21 (2)

   

21 (3)

P.4

Partition Act

Loi sur le partage des biens-fonds

1, definition of "court"

1, définition de «tribunal»

P.8

Pension Benefits Act

Loi sur les régimes de retraite

42 (10)

   

43 (6)

   

80 (7)

   

81 (7)

   

110 (5)

P.9

Perpetuities Act

Loi sur les dévolutions perpétuelles

1, definition of "court"

1, définition de «tribunal»

P.26

Private Career Colleges Act

Loi sur les collèges privés d'enseignement professionnel

7 (7)

   

11 (3)

P.24

Private Hospitals Act

Loi sur les hôpitaux privés

6 (1)

   

14 (5)

   

15 (2)

P.25

Private Investigators and Security Guards Act

Loi sur les enquêteurs privés et les gardiens

20 (4) (b)

   

21 (3)

P.38

Public Authorities Protection Act

Loi sur l'immunité des personnes exerçant des attributions d'ordre public

1

P.40

Public Hospitals Act

Loi sur les hôpitaux publics

41 (4)

   

43 (2)

P.41

Public Inquiries Act

Loi sur les enquêtes publiques

7 (2)

   

16 (1)

   

17 (2)

   

Form 1

Formule 1

P.45

Public Officers Act

Loi sur les fonctionnaires

13

   

15

   

16

P.47

Public Service Act

Loi sur la fonction publique

28.10 (5)

   

28.31

P.49

Public Service Works on Highways Act

Loi sur les travaux d'aménagement des voies publiques

2 (4)

P.50

Public Transportation and Highway Improvement Act

Loi sur l'aménagement des voies publiques et des transports en commun

112 (1)

R.5

Reciprocal Enforcement of Judgments Act

Loi sur l'exécution réciproque de jugements

2 (1)

   

7

R.19

Registered Insurance Brokers Act

Loi sur les courtiers d'assurances inscrits

23 (1)

   

24 (1)

   

24 (2)

   

24 (4)

18

Regulated Health Professions Act, 1991

Loi de 1991 sur les professions de la santé réglementées

Schedule 2, 87

Annexe 2, 87

R.23

Religious Organizations' Lands Act

Loi sur les biens-fonds des organisations religieuses

23 (1)

   

24 (1)

R.34

Road Access Act

Loi sur les chemins d'accès

1, definition of "judge"

1, définition de «juge»

S.5

Securities Act

Loi sur les valeurs mobilières

13 (1)

   

105 (1)

   

126 (1)

   

126 (5)

   

128 (1)

   

129 (1)

   

135 (1)

   

135 (2)

   

135 (3)

   

135 (4)

   

135 (5)

   

151 (1)

   

152 (1)

   

152 (2)

   

152 (4)

S.7

Settled Estates Act

Loi sur les substitutions immobilières

1 (1), definition of "court"

1 (1), définition de «tribunal»

2

Shortline Railways Act, 1995

Loi de 1995 sur les chemins de fer d'intérêt local

10 (13)

   

13 (7)

31

Social Work and Social Service Work Act, 1998

Loi de 1998 sur le travail social et les techniques de travail social

54

S.15

Solicitors Act

Loi sur les procureurs

3

   

6 (9)

   

8

   

23

   

25

   

34 (1)

S.22

Statutory Powers Procedure Act

Loi sur l'exercice des compétences légales

3 (2) (b) (ii)

   

12 (3.1)

   

12 (4)

   

19 (1)

   

19 (3)

S.26

Succession Law Reform Act

Loi portant réforme du droit des successions

12 (3)

   

57, definition of "court"

57, définition de «tribunal»

S.29

Surveyors Act

Loi sur les arpenteurs-géomètres

17 (17)

   

29 (5)

   

38

15

Toronto Islands Residential Community Stewardship Act, 1993

Loi de 1993 sur l'administration de la zone résidentielle des îles de Toronto

9 (11)

   

9 (12)

T.17

Trades Qualification and Apprenticeship Act

Loi sur la qualification professionnelle et l'apprentissage des gens de métier

8 (2)

   

12 (c) (iii)

   

21 (2)

   

22 (5)

   

24 (2)

T.22

Truck Transportation Act

Loi sur le camionnage

22 (6)

U.2

Unconscionable Transactions Relief Act

Loi sur la réduction des opérations exorbitantes

1, definition of "cost of the loan"

1, définition de «coût de l'emprunt»

   

4 (1)

V.1

Variation of Trusts Act

Loi sur la modification des fiducies

1 (1)

V.2

Vendors and Purchasers Act

Loi sur la vente immobilière

3 (1)

V.3

Veterinarians Act

Loi sur les vétérinaires

28 (12)

W.3

Warehouse Receipts Act

Loi sur les récépissés d'entrepôt

9

W.4

Water Transfer Control Act

Loi sur le contrôle des transferts d'eau

15 (1)

TABLE 2/TABLEAU 2

I

II

III

Chapter

Chapitre

Act

Loi

Provision

Disposition

A.21

Anatomy Act

Loi sur l'anatomie

6

C.45

Creditors' Relief Act

Loi sur le désintéressement des créanciers

2 (1)

   

3 (3)

   

3 (5)

   

3 (8)

F.3

Family Law Act

Loi sur le droit de la famille

1 (1), definition of "court"

1 (1), définition de «tribunal»

   

4 (1), definition of "court"

4 (1), définition de «tribunal»

   

17, definition of "court"

17, définition de «tribunal»

   

34 (2)

   

35 (1)

   

48

   

49 (1)

   

59 (1)

I.3

Independent Health Facilities Act

Loi sur les établissements de santé autonomes

37 (6)

P.17

Pounds Act

Loi sur les fourrières

14 (2)

S.5

Securities Act

Loi sur les valeurs mobilières

13 (4)

S.22

Statutory Powers Procedure Act

Loi sur l'exercice des compétences légales

3 (2) (b) (iii)

TABLE 3/TABLEAU 3

I

II

III

Chapter

Chapitre

Act

Loi

Provision

Disposition

E.21

Estates Act

Loi sur les successions

35

F.12

Financial Administration Act

Loi sur l'administration financière

16.3, definition of "ministry"

16.3, définition de «ministère»

L.5

Land Titles Act

Loi sur l'enregistrement des droits immobiliers

54 (6)

   

56 (4)

   

57 (11)

TABLE 4/TABLEAU 4

I

II

III

Chapter

Chapitre

Act

Loi

Provision

Disposition

C.45

Creditors' Relief Act

Loi sur le désintéressement des créanciers

2 (1)

   

3 (3)

   

3 (5)

   

3 (8)

F.3

Family Law Act

Loi sur le droit de la famille

1 (1), definition of "court"

1 (1), définition de «tribunal»

   

35 (1)

   

59 (1)

S.22

Statutory Powers Procedure Act

Loi sur l'exercice des compétences légales

3 (2) (b) (iv)

SCHEDULE D
AMENDMENTS RELATING TO THE ENACTMENT OF THE YOUTH CRIMINAL JUSTICE ACT (CANADA)

Change of Name Act

1.  (1)  Clause 6 (2) (h) of the Change of Name Act is repealed and the following substituted:

(h) particulars of every offence of which the person has been found guilty and for which an adult sentence has been imposed under the Youth Criminal Justice Act (Canada), as described in section 117 of that Act;

(2)  Clause 6 (2) (h.2) of the Act is amended by striking out "including every pending criminal charge against the person under the Young Offenders Act (Canada)".

(3)  Clause 6 (10) (c) of the Act is repealed and the following substituted:

(c) every offence of which the person to whose name the application relates has been found guilty and for which an adult sentence has been imposed under the Youth Criminal Justice Act (Canada), as described in section 117 of that Act;

(4)  Clause 6 (10) (e) of the Act is amended by striking out "including every pending criminal charge under the Young Offenders Act (Canada)".

(5)  Subsection 7.1 (5) of the Act is amended by striking out "younger than a "young person" as defined in the Young Offenders Act (Canada)" and substituting "less than 12 years old".

Child and Family Services Act

2.  (1)  Clause (e) of the definition of "service" in subsection 3 (1) of the Child and Family Services Act is repealed and the following substituted:

(e) a youth justice service; ("service")

(2)  The definition of "young offenders service" in subsection 3 (1) of the Act is repealed and the following substituted:

"youth justice service" means a service provided under Part IV (Youth Justice) or under a program established under that Part. ("service de justice pour les adolescents")

(3)  Subsection 27 (3) of the Act is amended by striking out "Part IV (Young Offenders)" and substituting "Part IV (Youth Justice)".

(4)  Clause (a) of the definition of "residential placement" in subsection 34 (1) of the Act is repealed and the following substituted:

(a) a placement made under the Young Offenders Act (Canada), under the Youth Criminal Justice Act (Canada) or under Part IV (Youth Justice),

(5)  Clause (a) of the definition of "place of safety" in subsection 37 (1) of the Act is amended by striking out "Part IV (Young Offenders)" and substituting "Part IV (Youth Justice)".

(6)  Subsection 40 (10) of the Act is amended by striking out "Part IV (Young Offenders)" at the end and substituting "Part IV (Youth Justice)".

(7)  Subsection 41 (5) of the Act is amended by striking out "Part IV (Young Offenders)" in the portion before clause (a) and substituting "Part IV (Youth Justice)".

(8)  Subsection 44 (6) of the Act is amended by striking out "Part IV (Young Offenders)" at the end and substituting "Part IV (Youth Justice)".

(9)  Subclause 51 (2) (d) (i) of the Act is amended by striking out "Part IV (Young Offenders)" and substituting "Part IV (Youth Justice)".

(10)  Subsection 69 (4) of the Act is amended by striking out "Part IV (Young Offenders)" and substituting "Part IV (Youth Justice)".

(11)  The heading to Part IV of the Act is repealed and the following substituted:

PART IV
YOUTH JUSTICE

(12)  Section 88 of the Act is repealed and the following substituted:

Definitions

88.  In this Part,

"bailiff" means a bailiff appointed under clause 90 (1) (c); ("huissier")

"Board" means the Custody Review Board established under subsection 96 (1); ("Commission")

"federal Act" means the Youth Criminal Justice Act (Canada); ("loi fédérale")

"place of open custody" means a place or facility designated as a place of open custody under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the federal Act or otherwise; ("lieu de garde en milieu ouvert")

"place of open temporary detention" means a place of temporary detention in which the Minister has established an open detention program; ("lieu de détention provisoire en milieu ouvert")

"place of secure custody" means a place or facility designated for the secure containment or restraint of young persons under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the federal Act or otherwise; ("lieu de garde en milieu fermé")

"place of secure temporary detention" means a place of temporary detention in which the Minister has established a secure detention program; ("lieu de détention provisoire en milieu fermé")

"place of temporary detention" means a place or facility designated as a place of temporary detention under the Young Offenders Act (Canada) or under the federal Act; ("lieu de détention provisoire")

"probation officer" means,

(a) a person appointed or designated by the Lieutenant Governor in Council or his or her delegate to perform any of the duties or functions of a youth worker under the Young Offenders Act (Canada) or under the federal Act, or

(b) a probation officer appointed under clause 90 (1) (b); ("agent de probation")

"provincial director" means,

(a) a person, the group or class of persons or the body appointed or designated by the Lieutenant Governor in Council or his or her delegate to perform any of the duties or functions of a provincial director under the Young Offenders Act (Canada) or under the federal Act, or

(b) a person as appointed under clause 90 (1) (a); ("directeur provincial")

"services and programs" means services and programs provided pursuant to the Young Offenders Act (Canada), the federal Act or the Provincial Offences Act and other related services and programs; ("services et programmes")

"young person" means a child as defined in subsection 3 (1) who is, or, in the absence of evidence to the contrary, appears to be,

(a) 12 years of age or more but,

(b) under 16 years of age,

and includes a person 16 years of age or more charged with having committed an offence while he or she was 12 years of age or more but under 16 years of age. ("adolescent")

(13)  Subsection 89 (1) of the Act is amended by striking out "the federal Act and the Provincial Offences Act" in the portion after clause (b) and substituting "the Young Offenders Act (Canada), the federal Act and the Provincial Offences Act".

(14)  Subsection 89 (3) of the Act is repealed and the following substituted:

Secure custody programs

(3)  The Minister may establish secure custody programs in places of secure custody.

(15)  Clause 90 (1) (a) of the Act is repealed and the following substituted:

(a) a provincial director, to perform any or all of the duties and functions of a provincial director,

(i) under the federal Act,

(ii) under the Young Offenders Act (Canada), and

(iii) under the regulations;

(16)  Subclause 90 (1) (b) (i) of the Act is repealed and the following substituted:

(i) of a youth worker under the federal Act and under the Young Offenders Act (Canada),

(17)  Subsection 91 (1) of the Act is amended by striking out "within the meaning of the federal Act" and substituting "within the meaning of the federal Act or the Young Offenders Act (Canada)".

(18)  Subsection 93 (1) of the Act is amended by striking out "under the federal Act" and substituting "under the federal Act or the Young Offenders Act (Canada)".

(19)  Subparagraph 1 ii of subsection 93 (2) of the Act is amended by striking out "the federal Act" and substituting "the federal Act or the Young Offenders Act (Canada)".

(20)  Subsection 93 (3) of the Act is amended by striking out "a medium security or maximum security place of custody" and substituting "a place of secure custody".

(21)  Subsection 93 (4) of the Act is amended by striking out "under the federal Act" and substituting "under the federal Act or under the Young Offenders Act (Canada)".

(22)  The English version of subsection 93 (5) of the Act is amended by striking out "youth court" wherever it appears and substituting in each case "youth justice court".

(23)  Section 94 of the Act is repealed.

(24)  Clause 95 (b) of the Act is amended by striking out "section 35 (temporary release)" and substituting "section 91 (reintegration leave)".

(25)  Clause 97 (1) (a) of the Act is repealed.

(26)  Clause 97 (1) (c) of the Act is amended by striking out "temporary release under section 35 of the federal Act" and substituting "temporary release under section 35 of the Young Offenders Act (Canada) or reintegration leave under section 91 of the federal Act".

(27)  Clause 97 (1) (d) of the Act is amended by striking out "under subsection 24.2 (9) of the federal Act" and substituting "under subsection 24.2 (9) of the Young Offenders Act (Canada) in accordance with section 88 of the federal Act".

(28)  Clause 97 (6) (a) of the Act is repealed and the following substituted:

(a) recommend to the provincial director,

(i) where the Board is of the opinion that the place where the young person is held or to which he or she has been transferred is not appropriate to meet the young person's needs, that the young person be transferred to another place,

(ii) that the young person's temporary release be authorized under section 35 of the Young Offenders Act (Canada) or the young person's reintegration leave be authorized under section 91 of the federal Act, or

(iii) where the young person has been transferred as described in clause (1) (d), that the young person be returned to a place of open custody; or

(29)  Subsection 98 (1) of the Act is amended by striking out "under the federal Act" and substituting "under the Young Offenders Act (Canada) or the federal Act".

(30)  Clause 98 (2) (b) of the Act is amended by striking out "temporary release" and substituting "reintegration leave".

(31)  Clause 98 (4) (b) of the Act is amended by striking out "temporary release" and substituting "reintegration leave".

(32)  Clause (b) of the definition of "child in care" in section 99 of the Act is repealed and the following substituted:

(b) a child who is,

(i) detained in a place of temporary detention under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada),

(ii) committed to a place of secure or open custody designated under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, or

(iii) held in a place of open custody under section 95 of Part IV (Youth Justice).

(33)  Subsection 100 (1) of the Act is amended by striking out "Part IV (Young Offenders)" and substituting "Part IV (Youth Justice)".

(34)  Clause 108 (e) of the Act is repealed and the following substituted:

(e) the review procedures available under section 97 of Part IV (Youth Justice), in the case of a child described in clause (b) of the definition of "child in care" in section 99;

(35)  Subclause 117 (1) (b) (ii) of the Act is repealed and the following substituted:

(ii) the child's detention or custody under the Young Offenders Act (Canada), under the Youth Criminal Justice Act (Canada) or under the Provincial Offences Act, or

(36)  Subsection 127 (2) of the Act is amended by striking out "Part IV (Young Offenders)" at the end and substituting "Part IV (Youth Justice)".

(37)  Subsection 131 (2) of the Act is repealed and the following substituted:

Exception

(2)  Subsection (1) does not prohibit the use of restraints that are reasonably necessary for the secure transportation or transfer of a child,

(a) who has been admitted to a secure treatment program under this Part;

(b) who is detained under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) or has been committed to secure or open custody under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada); or

(c) to whom section 95 of Part IV (Youth Justice) (open custody) applies.

(38)  Clause 180 (2) (b) of the Act is amended by striking out "Young Offenders Act (Canada)" and substituting "Youth Criminal Justice Act (Canada)".

(39)  Paragraph 8 of subsection 214 (1) of the Act is amended by striking out "young offenders service" and substituting "youth justice service".

Christopher's Law (Sex Offender
Registry), 2000

3.  (1)  Subsection 8 (2) of Christopher's Law (Sex Offender Registry), 2000 is repealed and the following substituted:

Exception

(2)  Except as provided in subsection (3), this Act does not apply to a young person within the meaning of the Young Offenders Act (Canada), despite the repeal of that Act, or to a young person within the meaning of the Youth Criminal Justice Act (Canada).

(2)  Subsection 8 (3) of the Act is repealed and the following substituted:

Same

(3)  This Act does apply to,

(a) a young person within the meaning of the Young Offenders Act (Canada) who has been convicted of a sex offence or found not criminally responsible of a sex offence on account of mental disorder in ordinary court as the result of an order made under section 16 of the Young Offenders Act (Canada); or

(b) a young person within the meaning of the Youth Criminal Justice Act (Canada) who is found guilty of a sex offence and receives an adult sentence within the meaning of that Act for the offence.

Coroners Act

4.  (1)  Clause 10 (3) (c) of the Coroners Act is repealed and the following substituted:

(c) committed to secure or open custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise,

(2)  Subsection 10 (4) of the Act is amended by striking out "under section 24.1 of the Young Offenders Act (Canada)" and substituting "under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

Courts of Justice Act

5.  (1)  Subsection 38 (3) of the Courts of Justice Act is repealed and the following substituted:

Youth court and youth justice court

(3)  The Ontario Court of Justice is a youth court for the purposes of the Young Offenders Act (Canada) and a youth justice court for the purposes of the Youth Criminal Justice Act (Canada).

(2)  Subsection 68 (4) of the Act is repealed.

Crown Employees Collective
Bargaining Act, 1993

6.  Clauses (f) and (g) of the definition of "facility" in subsection 7 (5) of the Crown Employees Collective Bargaining Act, 1993 are repealed and the following substituted:

(f) a place of temporary detention under the Youth Criminal Justice Act (Canada),

(g) a youth custody facility under the Youth Criminal Justice Act (Canada), or

Employment Standards Act, 2000

7.  Paragraphs 4 and 5 of subsection 3 (5) of the Employment Standards Act, 2000 are repealed and the following substituted:

4. An individual who is an inmate of a correctional institution within the meaning of the Ministry of Correctional Services Act, is an inmate of a penitentiary, is being held in a detention facility within the meaning of the Police Services Act or is being held in a place of temporary detention or youth custody facility under the Youth Criminal Justice Act (Canada), if the individual participates inside or outside the institution, penitentiary, place or facility in a work project or rehabilitation program.

5. An individual who performs work under an order or sentence of a court or as part of an extrajudicial measure under the Youth Criminal Justice Act (Canada).

Health Protection And Promotion Act

8.  (1)  Clause (o) of the definition of "institution" in subsection 21 (1) of the Health Protection and Promotion Act is amended by striking out "under section 24.1 of the Young Offenders Act (Canada)" and substituting "under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

(2)  The definition of "place of secure custody" in subsection 37 (3) of the Act is amended by striking out "under section 24.1 of the Young Offenders Act (Canada)" and substituting "under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

(3)  The definition of "place of temporary detention" in subsection 37 (3) of the Act is amended by striking out "subsection 7 (1) of the Young Offenders Act (Canada)" and substituting "the Youth Criminal Justice Act (Canada)".

Highway Traffic Act

9.  (1)  The definition of "conviction" in subsection 1 (1) of the Highway Traffic Act is repealed and the following substituted:

"conviction" includes a disposition made under the Young Offenders Act (Canada) or a sentence imposed under the Youth Criminal Justice Act (Canada); ("déclaration de culpabilité")

(2)  Clause 41 (5) (b) of the Act is repealed and the following substituted:

(b) a disposition is made under section 20 or sections 28 to 32 of the Young Offenders Act (Canada) or a youth sentence is imposed under section 42, 59, 94, 95 or 96 of the Youth Criminal Justice Act (Canada) or an adult sentence is imposed under the Youth Criminal Justice Act (Canada), including a confirmation or variation of the disposition or sentence.

(3)  Clause 42 (4) (b) of the Act is repealed and the following substituted:

(b) a disposition is made under section 20 or sections 28 to 32 of the Young Offenders Act (Canada) or a youth sentence is imposed under section 42, 59, 94, 95 or 96 of the Youth Criminal Justice Act (Canada) or an adult sentence is imposed under the Youth Criminal Justice Act (Canada), including a confirmation or variation of the disposition or sentence.

(4)  Clause 198.5 (3) (b) of the Act is repealed and the following substituted:

(b) an order under the Criminal Code (Canada), a disposition under the Young Offenders Act (Canada) or a sentence imposed under the Youth Criminal Justice Act (Canada) directs that the person be discharged.

(5)  Subsection 210 (5) of the Act is repealed and the following substituted:

Order for conditional discharge

(5)  Where a person pleads guilty to or is found guilty of an offence under the Criminal Code (Canada), the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) referred to in subsection (1) and an order directing that the person be discharged is made under section 736 of the Criminal Code (Canada), section 20 or sections 28 to 32 of the Young Offenders Act (Canada) or section 42, 59, 94, 95 or 96 of the Youth Criminal Justice Act (Canada) including an order in respect of a person on whom an adult sentence is imposed under the Youth Criminal Justice Act (Canada), the judge, provincial judge or justice of the peace who makes the order or the clerk of the court in which the order is made shall forthwith notify the Registrar of the order.

(6)  Subsection 210 (6) of the Act is repealed and the following substituted:

Same

(6)  A notice given under subsection (5) shall set out the name, address and description of the person discharged by the order, the number of the person's driver's licence, the number of the permit of the motor vehicle or the registration number of the motorized snow vehicle with which the offence was committed, the time the offence was committed and the provision of the Criminal Code (Canada), the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) contravened.

Legal Aid Services Act, 1998

10.  (1)  The definition of "criminal law" in section 2 of the Legal Aid Services Act, 1998 is repealed and the following substituted:

"criminal law" includes legal matters relating to,

(a) provincial offences, and

(b) the Youth Criminal Justice Act (Canada); ("droit criminel")

(2)  Subsection 16 (2) of the Act is repealed and the following substituted:

Direction under Youth Criminal Justice Act (Canada)

(2)  If a court makes a direction under paragraph 25 (4) (b) of the Youth Criminal Justice Act (Canada), the Attorney General may direct the Corporation under subsection 25 (5) of that Act to provide legal aid services, in accordance with the court direction, to the young person who is the subject of the court direction.

Direction under Young Offenders Act (Canada)

(3)  If a court makes a direction under paragraph 11 (4) (b) of the Young Offenders Act (Canada), the Attorney General may direct the Corporation under subsection 11 (5) of that Act to provide legal aid services, in accordance with the court direction, to the young person who is the subject of the court direction.

Ministry of Community and
Social Services Act

11.  Clause 7 (b) of the Ministry of Community and Social Services Act is repealed and the following substituted:

(b) any other person,

(i) who is a Crown ward under Part III (Child Protection) of the Child and Family Services Act, or

(ii) who is held in a place of temporary detention under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) or a place of open or secure custody designated under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise,

Ministry of Correctional Services Act

12.  (1)  The definition of "inmate" in section 1 of the Ministry of Correctional Services Act is amended by striking out "but does not include a young person within the meaning of the Young Offenders Act (Canada)" at the end and substituting "but does not include a young person within the meaning of the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada)".

(2)  If subsection 18 (2) of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2005 receives Royal Assent, subsection (1) is without effect.

(3)  The definition of "inmate" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 18, is repealed and the following substituted:

"inmate" means a person confined in a correctional institution or otherwise detained in lawful custody under a court order, but does not include a young person within the meaning of the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) unless he or she,

(a) has been transferred to ordinary court under the Young Offenders Act (Canada), or

(b) receives an adult sentence within the meaning of the Youth Criminal Justice Act (Canada); ("détenu")

(4)  The definition of "place of open custody" in section 1 of the Act is amended by striking out "under subsection 24.1 (1) of the Young Offenders Act (Canada)" and substituting "under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

(5)  If subsection 18 (4) of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2005 receives Royal Assent, subsection (4) is without effect.

(6)  The definition of "place of open custody" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 18, is repealed and the following substituted:

"place of open custody" means a place or facility designated as a place of open custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, and operated or maintained by the Ministry or by a contractor; ("lieu de garde en milieu ouvert")

(7)  The definition of "place of secure custody" in section 1 of the Act is amended by striking out "under subsection 24.1 (1) of the Young Offenders Act (Canada)" and substituting "under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

(8)  If subsection 18 (4) of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2005 receives Royal Assent, subsection (7) is without effect.

(9)  The definition of "place of secure custody" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 18, is repealed and the following substituted:

"place of secure custody" means a place or facility designated as a place of secure custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, and operated or maintained by the Ministry or by a contractor; ("lieu de garde en milieu fermé")

(10)  The definition of "place of temporary detention" in section 1 of the Act is amended by striking out "subsection 7 (1) of the Young Offenders Act (Canada)" and substituting "subsection 7 (1) of the Young Offenders Act (Canada) or subsection 30 (1) of the Youth Criminal Justice Act (Canada)".

(11)  If subsection 18 (4) of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2005 receives Royal Assent, subsection (10) is without effect.

(12)  The definition of "place of temporary detention" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 18, is repealed and the following substituted:

"place of temporary detention" means a place or facility designated as a place of temporary detention under subsection 7 (1) of the Young Offenders Act (Canada) or under subsection 30 (1) of the Youth Criminal Justice Act (Canada) and operated or maintained by the Minister or by a contractor; ("lieu de détention provisoire")

(13)  Subsection 8 (2) of the Act is amended by striking out "Young Offenders Act (Canada)" and substituting "Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada)".

(14)  Clause 10 (1) (a) of the Act is amended by striking out "Young Offenders Act (Canada)" and substituting "Young Offenders Act (Canada), the Youth Criminal Justice Act (Canada)".

(15)  Clause 43 (3) (b) of the Act is amended by striking out "and the Young Offenders Act (Canada)" and substituting "the Young Offenders Act (Canada) and the Youth Criminal Justice Act (Canada)".

(16)  Subsection 46 (1) of the Act is repealed and the following substituted:

Appointments by Minister

(1)  The Minister may appoint any person as,

(a) a provincial director, to perform any or all of the duties and functions of a provincial director,

(i) under the Young Offenders Act (Canada),

(ii) under the Youth Criminal Justice Act (Canada), and

(iii) under this Act or the regulations; and

(b) a youth worker, to perform any or all of the duties and functions of a youth worker,

(i) under the Young Offenders Act (Canada),

(ii) under the Youth Criminal Justice Act (Canada), and

(iii) under this Act or the regulations.

(17)  Subsection 47 (2) of the Act is repealed.

(18)  Subsection 48 (1) of the Act is amended by striking out "this Act and the Young Offenders Act (Canada)" at the end and substituting "this Act, the Young Offenders Act (Canada) and the Youth Criminal Justice Act (Canada)".

(19)  If section 42 of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2005 receives Royal Assent, subsection (18) is without effect.

(20)  Section 49 of the Act, before its re-enactment by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 44, is repealed and the following substituted:

Temporary detention

Open detention unless provincial director determines otherwise

49.  (1)  A young person who is detained under the Young Offenders Act (Canada) or the Youth Criminal Justice Act in a place of temporary detention shall be detained in a place of open temporary detention unless a provincial director determines under subsection (2) that the young person is to be detained in a place of secure temporary detention.

Where secure detention available

(2)  A provincial director may detain a young person who is detained under the Young Offenders Act (Canada) or the Youth Criminal Justice Act in a place of secure temporary detention,

(a) if the young person,

(i) is charged with an offence that includes causing or attempting to cause serious bodily harm to another person,

(ii) has, at any time, failed to appear in court when required to do so under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada), or escaped or attempted to escape from lawful detention, or

(iii) has, within the 12 months immediately preceding the offence on which the current charge is based, been convicted of an offence for which an adult would be liable to imprisonment for five years or more; or

(b) where the provincial director is satisfied that it is necessary to detain the young person in a place of secure temporary detention,

(i) to ensure the young person's attendance in court, or

(ii) to protect the public interest or safety.

Same

(3)  Despite subsection (1), a young person who is detained under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) in a place of temporary detention may be detained in a place of secure temporary detention for a period not exceeding 24 hours while a provincial director makes a determination in respect of the young person under subsection (2).

Review by youth justice court

(4)  A young person who is being detained in a place of secure temporary detention and is brought before a youth justice court for a review under the Criminal Code (Canada) may request that the youth justice court review the level of the young person's detention, and the youth justice court may confirm the provincial director's decision under subsection (2) or may direct that the young person be transferred to a place of open temporary detention.

(21)  If section 44 of Schedule N to the Government Efficiency Act, 2002 comes into force before the day the Good Government Act, 2005 receives Royal Assent, subsection (20) is without effect.

(22)  Clause 52 (1) (c) of the Act is amended by adding at the end "or reintegration leave under section 91 of the Youth Criminal Justice Act (Canada)".

(23)  Subclause 52 (5) (a) (iii) of the Act is repealed and the following substituted:

(iii) that the young person's temporary release under section 35 of the Young Offenders Act (Canada) or reintegration leave under section 91 of the Youth Criminal Justice Act (Canada) be authorized; or

(24)  Clause 53 (2) (b) of the Act is amended by striking out "section 35 of the Young Offenders Act (Canada)" and substituting "section 91 of the Youth Criminal Justice Act (Canada)".

(25)  Subsection 53 (4) of the Act is repealed and the following substituted:

Concurrent terms

(4)  Where a young person is committed to secure custody under the Young Offenders Act (Canada) or under the Youth Criminal Justice Act (Canada) and is sentenced concurrently to a term of imprisonment under the Provincial Offences Act, the term of imprisonment under the Provincial Offences Act shall be served in the same place as the disposition under the Young Offenders Act (Canada) or the sentence under the Youth Criminal Justice Act (Canada).

(26)  The definition of "young person in custody" in subsection 54 (1) of the Act is amended by adding at the end "or under the Youth Criminal Justice Act (Canada)".

Municipal Act, 2001

13.  Subsection 323 (2) of the Municipal Act, 2001 is amended by striking out "under section 24.1 of the Young Offenders Act (Canada)" and substituting "under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

Occupational Health and Safety Act

14.  Clause 43 (2) (c) of the Occupational Health and Safety Act is repealed and the following substituted:

(c) a person employed in the operation of,

(i) a correctional institution or facility,

(ii) a place of secure custody designated under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise,

(iii) a place of temporary detention under the Youth Criminal Justice Act (Canada), or

(iv) a similar institution, facility or place;

Ombudsman Act

15.  Subsection 16 (2) of the Ombudsman Act is repealed and the following substituted:

To be forwarded

(2)  Despite any provision of any Act, if a letter addressed to the Ombudsman is written by an inmate of a provincial correctional institution, a person held in a youth custody facility under the Youth Criminal Justice Act (Canada) or a patient in a provincial psychiatric facility, the letter shall be immediately forwarded, unopened, to the Ombudsman by the person for the time being in charge of the institution, youth custody facility or other facility.

Parental Responsibility Act, 2000

16.  (1)  The definition of "offence" in subsection 3 (1) of the Parental Responsibility Act, 2000 is repealed and the following substituted:

"offence" has the same meaning as in the Young Offenders Act (Canada) and the Youth Criminal Justice Act (Canada).

(2)  Subsection 3 (2) of the Act is amended by striking out "Young Offenders Act (Canada)" in the portion before clause (a) and substituting "Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada)".

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

Same

(3)  For the purposes of subsection (2), a copy of a sentence order under the Youth Criminal Justice Act (Canada) showing that the original order appeared to be signed by the officer having custody of the records of the court that made the order is, on proof of the identity of the child named as guilty of the offence in the order, sufficient evidence that the child was found guilty of the offence, without proof of the signature or of the official character of the person appearing to have signed the order.

(4)  Subsection 3 (4) of the Act is amended by striking out "Young Offenders Act (Canada)" and substituting "Youth Criminal Justice Act (Canada)".

(5)  Subsection 3 (5) of the Act is amended by striking out "Young Offenders Act (Canada)" in the portion before clause (a) and substituting "Youth Criminal Justice Act (Canada)".

(6)  Section 4 of the Act is amended,

(a) by striking out "Young Offenders Act (Canada)" and substituting "Youth Criminal Justice Act (Canada)"; and

(b) by striking out " Young Offenders Act " and substituting " Youth Criminal Justice Act ".

(7)  Clause 11 (a) of the Act is amended by striking out "paragraph 44.1 (1) (h) of the Young Offenders Act (Canada)" and substituting "paragraph 119 (1) (r) of the Youth Criminal Justice Act (Canada)".

Pay Equity Act

17.  Clause 1 (q) under the heading "MINISTRY OF COMMUNITY AND SOCIAL SERVICES" in the Appendix to the Schedule to the Pay Equity Act is amended by striking out "young offenders" and substituting "young persons".

Provincial Offences Act

18.  (1)  Section 103 of the Provincial Offences Act is amended by striking out "place of open custody designated under section 24.1 of the Young Offenders Act (Canada)" at the end and substituting "place of open custody designated under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise".

(2)  Subsection 107 (7) of the Act is amended by striking out "under subsection 7 (1) of the Young Offenders Act (Canada)" and substituting "under the Youth Criminal Justice Act (Canada)".

Public Service Act

19.  Clauses (f) and (g) of the definition of "facility" in subsection 32 (2) of the Public Service Act are repealed and the following substituted:

(f) a place of temporary detention under the Youth Criminal Justice Act (Canada),

(g) a youth custody facility under the Youth Criminal Justice Act (Canada), or

Victims' Bill of Rights, 1995<