■tl^'
LEGISLATIVE ASSEMBLY
OF ONTARIO
SECOND SESSION
THIRTY-FOURTH PARLIAMENT
BILLS
AS INTRODUCED IN THE HOUSE
TOGETHER WITH
REPRINTS AND THIRD READINGS
SESSION
April 25 to July 26, 1989
October 10 to December 20, 1989
and
March 19 to June 28, 1990
INDEX
SECOHD SESSION
THIRTY-FOURTH PARLIAMENT
PUBLIC BILLS (GOVERNMENT)
II
gregate Resources Ac t , 1 989 1 70
reement between the Governments of Canada aind
tario (see Indian Lands)
ricorp Act, 1990 - Loi de 1990 sur Agricorp 234
lusement Devices Amendment Act, 1989 205
titration Act, 1990 - Loi de 1990 sur 1' arbitrage 226
sessment Amendment Act , 1989 37
sessment Amendment Act , 1 990 176
diology and Speech-Language Pathology Act, 1990 179
tomobile Insurance Rates Control Act, 1989 10
B
.rristers Amendment Act , 1989 15
■ucellosis Repeal Act, 1989 MO
lilding Code Act, 1989 103
isiness Information Statute Law Amendment Act, 1989 79
isiness Names Act, 1990 108
smeteries Act , 1989 31
lange of Name Amendment Act, 1990 - Loi de 1990 modifiant
I Loi sur le changement de nom 1 48
did and Family Services Statute Law Amendment Act, 1990 233
lildren's Law Reform Amendment Act, 1989 124
liropody Act, 1990 180
liropractic Act, 1990 I8l
ass Proceedings Act, 1990 - Loi de 1990 sur les
cours collectifs 213
»mmercial Concentration Tax Act , 1989 46
instruction Lien Amendment Act, 1989 102
Construction Lien Amendment Act, 1990 c
Corporation to provide for Agricultural Insurance (see Agricorp)
Corporations and Limited Partnerships (see Business
Information Statute Law)
Corporations Tax Amendment Act , 1990 2
County of Simcoe Act , 1990 1
Court Reform Statute Law Amendment Act , 1989
Courts of Justice Amendment Act, 1989
Courts of Justice Amendment Act, 1989
Courts of Justice Amendment Act, 1989
Courts of Justice Amendment Act, 1989
Courts of Justice Amendment Act, 1989
Courts of Justice Amendment Act, 1989
Crop Insurance Act (Ontario), 1990 - Loi de 1990 sur
I'assurance-r^colte (Ontario) «
Dental Hygiene Act, 1990
Dental Technology Act, 1990
Dentistry Act, 1990
Denturism Act, 1990
Development Charges Act , 1 989 .
Dietetics Act, 1990
District Municipality of Muskoka Statute Law
Amendment Act , 1 989
E
Easement Statute Law Amendment Act , 1990
Education Amendment Act, 1989
Education Statute Law Amendment Act, 1989
Education Statute Law Amendment Act, 1990 ,
Elevating Devices Amendment Act, 1989 ,
Employer Health Tax Act, 1989
Energy Amendment Act , 1989 ,
Environmental Protection Amendment Act, 1989
Environmental Protection Statute Law Amendment Act, 1990
Evidence Amendment Act, 1989 ,
Executive Council Amendment Act, 1989
Farm Income Stabilization Act, 1990 - Loi de 1990 sur la
stabilisation des revenus agricoles ,
es and Terms of Imprisonment (see Provincial
alties Adjustment)
e Marshals Amendment Act , 1 990 228
udulent Debtors Arrest Repeal Act, 1990 l6l
edom of Information (see Municipal)
edom of Information and Protection of Privacy
ndment Act, 1989 8^
edom of Information and Protection of Privacy
tute Law Amendment Act, 1990 169
1 Tax Amendment Act, 1989 21
eral Directors and Establishments Act, 1989 30
ing Services Act, 1990 237
loline Tax Amendment Act, 1989 2M
Ith Professions Regulation Act, 1990 178
1th Tax (see Employer)
:hway Traffic Amendment Act, 1989 95
ihway Traffic Amendment Act, 1989 96
;hway Traffic Amendment Act, 1989 219
iome Tax Amendment Act , 1989 60
!ome Tax Amendment Act , 1990 159
lependent Health Facilities Act, 1989 1^*7
lian Lands Agreement Confirmation Act, 1989 200
surance Statute Law Amendment Act , 1 990 68
nirance Statute Law Amendment Act, 1989 155
J
2
'in Graves Simcoe Memorial Foundation Repeal Act, 1990 22M
jtices of the Peace Act, 1989 - Loi de 1989 sur
5 Juges de paix 93
Id Transfer Tax Amendment Act , 1 989 23
^id Transfer Tax Amendment Act , 1 989 ^8
Landlord and Tenant Amendment (Animals) Act, 1990
Law Society Amendment Act , 1 989
Law Society Amendment (Insurance) Act, 1990
Law Society Amendment (Class Proceedings Funding) Act, 1990 ...
Law Society (see Legal Profession Statute Law)
Legal Profession Statute Law Amendment Act, 1990
Legislative Assembly Amendment Act, 1989
Limited Partnerships (see Business Information Statute Law)
Liquor Licence Act , 1990
Livestock, Poultry and Bees Damage Compensation Act, 1990 - Loi
de 1990 sur 1' indemnisation en cas de dommages causes a du
b^tail , a des volailles et a des abeilles
Massage Therapy Act, 1990
McMichael Canadian Art Collection Act, 1989
Medical Laboratory Technology Act, 1990
Medical Radiation Technology Act, 1990
Medicine Act, 1990
Metropolitan Toronto Police Force Complaints Amendment Act, 1989
Midwifery Act, 1990
Mining Amendment Act , 1989
Mining Amendment Act , 1 989
Mining Tax Amendment Act , 1 990
Ministry of Financial Institutions Act, 1989 - Loi de 1989
sur le minist^re des Institutions financidres ,
Ministry of Transportation and Conmuni cations
Amendment Act , 1 989
Ministry of Transportation and Communications
Creditors Payment Repeal Act, 1989 ,
Municipal Amendment Act, 1989
Municipal Elections Statute Law Amendment Act, 1990
Municipal Freedom of Information and Protection of Privacy
Act, 1989 - Loi de 1989 sur I'accds i 1' information
municipale et la protection de la vie priv^e ,
Municipal Freedom of Information and Protection of Privacy
Amendment Act, 1990 - Loi de 1990 modifiant la Loi sur
I'acc^s a 1' information municipale et la protection
de la vie priv6e ,
Municipal Freedom of Information Statute Law Amendment Act, 1989
Municipal Statute Law Amendment Act, 1989
Municipal Statute Law Amendment Act, 1990 ,
Municipal Statute Law Amendment Act, 1990 ,
Municipality of Metropolitan Toronto Amendment Act, 1989
Muskoka (see District Municipality)
tar ies Amendment Act , 1 989 63
rsing Act, 1990 196
cupational Health and Safety Statute Law Amendment Act, 1990 ... 208
cupational Therapy Act, 1990 197
budsman Statute Law Amendment Act , 1 989 80
tario Home Ownership Savings Plan Amendment Act, 1990 105
tario Loan Act, 1989 17
tario Lottery Corporation Amendment Act, 1989 119
tario Lottery Corporation Amendment Act, 1990 1 lU
tario Mineral Exploration Program Act, 1989 33
tario Municipal Board Amendment Act, 1989 1
tario Municipal Improvement Corporation Amendment Act, 1989 .... 18
ticianry Act, 1990 198
tometry Act, 1990 199
tawa-Carleton (see Regional Municipality)
tawa-Carleton French-Language School Board Amendment
t, 1989 - Loi de 1989 modifiant la Loi sur le Conseil
olaire de langue f rangaise d ' Ottawa-Carleton 65
tawa-Carleton French-Language School Board Amendment
t, 1990 - Loi de 1990 modifiant la Loi sur le Conseil
olaire de langue f rangaise d 'Ottawa-Carleton 222
armacy Act, 1990 202
ysiotherapy Act , 1 990 203
lice and Sheriffs Statute Law Amendment Act, 1989 187
lice Services Act, 1990 107
wer Corporation Amendment Act, 1989 19
wer Corporation Amendment Act, 1989 20U
operty Assessment Corporation Act, 1990 156
ovincial Offences and Highway Traffic Amendment Act, 1989 189
Dvincial Penalties Adjustment Act, 1989 92
ychology Act, 1990 210
blic Lands Amendment Act, 1990 140
blic Service Pension Act, 1989 36
Raising of Money on the Credit of the Consolidated
Revenue Fund, (see Ontario Loan)
Regional Municipality of Ottawa-Carleton Amendment Act, 1990
Regulations Revision Act, 1989 - Loi de 1989 sur la
refonte des r^glements
Rental Housing Protection Act, 1989 •
Respiratory Therapy Act , 1 990
Retail Sales Tax Amendment Act , 1989 •
Retail Sales Tax Amendment Act , 1990
Sarnia-Lambton Act, 1989
Simcoe (see County)
Smoking in the Workplace Act, 1989
Solicitors (see Legal Profession Statute Law)
South Dumfries (see Township)
Statutes Revision Act, 1989 - Loi de 1989 sur
la refonte des lois
Supply Act, 1989 - Loi de credits de 1989 ...
Teachers ' Pens ion Ac t , 1 989
Teachers ' Pens ion Ac t , 1 989
Terms of Imprisonment (see Provincial Penalties Adjustment)
Tobacco Tax Amendment Act , 1 990
Toronto Transit Commission Labour Disputes Settlement Act, 1989
Township of South Dumfries Act , 1989
Trespass to Property Amendment Act , 1989
0
Unclaimed Intangible Property Act, 1989
Veterinarians Act, 1989
Vital Statistics Amendment Act, 1990
kers' Compensation Amendment Act, 1989 162
PRIVATE MEMBERS' PUBLIC BILLS
arm Systems Act , 1 989 88
llimals for Research Amendment Act, 1989 190
llsessment Amendment Act , 1990 123
t ian Emblem Act , 1989 27
B
Ids of Navigable Waters Amendment Act, 1990 142
(re of Animals (see Zoo Licensing)
(ange of Name Amendment Act, 1989 - Loi de 1989 modifiant
; Loi sur le changement de nom 11
Immunity based services for Seniors (see Seniors' Independence)
(ramunity Mental Health Services Act, 1989 50
^af Persons' Rights Act, 1989 143
st/Central Ontario Recreational Trails Conmission Act, 1989 ... 67
ucation Amendment Act, 1989 83
ucation Amendment Act, 1989 87
ucation Amendment Act, 1990 1 12
ection Amendment Act , 1 989 76
ployment Equity Act , 1 990 1 72
ployment Standards Amendment Act , 1989 28
ployment Standards Amendment Act , 1989 54
ployment Standards Amendment Act , 1989 82
ployment Standards Amendment Act, 1990 141
dangered. Threatened and Vulnerable Species Act, 1990 232
ergy Amendment Act , 1 990 1 30
vironmental Harm Act, 1990 231
vironmental Protection Amendment Act, 1990 116
vironmental Protection Amendment Act, 1990 165
vironmental Rights (see Ontario)
F
Facsimile Transmissions (see Unsolicited Facsimile Transmissions)
Financial Exploitation of Crime (see Profits from Crime)
Flag Day Act, 1990 1:
Floral Emblem Amendment Act , 1 990 2:
Game and Fish Amendment Act, 1990 1
Good Samaritan Act, 1990 1
Gun Replica Sale Prohibition Act, 1989 1
H
Health Protection and Promotion Amendment Act, 1989
Health Protection and Promotion Amendment Act, 1990 1
Heritage Day Act, 1989
Highway Traffic Amendment Act, 1989
Highway Traffic Amendment Act, 1989
Highway Traffic Amendment Act, 1990 1
Highway Traffic Amendment Act, 1990 1
Highway Traffic Amendment Act, 1990 1
Homes for the Aged and Rest Homes Amendment Act, 1990 1
International Development Act, 1989
Intervener Funding Project Amendment Act, 1989 - Loi de
1989 modifiant la Loi sur le pro jet d'aide financi^re
aux intervenants
Labour Relations Amendment Act , 1989
Labour Relations Amendment Act , 1990 1
Landlord and Tenant Amendment Act, 1989
Landlord and Tenant Amendment Act, 1989
Landlord and Tenant Amendment Act, 1989
Landlord and Tenant Amendment Act, 1989
Landlord and Tenant Amendment Act, 1990 1
Landlord and Tenant Amendment Act, 1990 1
Liability in respect of voluntary Emergency Medical and
First Aid Services, (see Good Samaritan)
Limitations Amendment Act, I989
jntal Health Amendment Act, 1990 173
inistry of the Environment Amendment Act, 1989 98
^tor Boat Operators' Licensing Act, 1989 8
inicipal Amendment Act, 1990 217
inicipal Smoking By-Law Authorization Act, 1989 157
tural Death Act, 1990 132
n-Unionized Workers Protection Act, 1990 154
clear Weapons Economic Conversion Act, 1989 16
I.tario Energy Board Amendment Act, 1989 59
tario Energy Board Amendment Act, 1990 136
tario Environmental Rights Act , 1989 12
tario Environmental Rights Act , 1989 13
tario Food Terminal Amendment Act, 1990 167
tario Land Information Act, 1990 125
tario Lottery Profits Awards Council Act, 1990 139
^tario Safe Drinking Water Act, 1989 25
( tario Water Resources Amendment Act, 1989 6l
Ijanning Amendment Act, 1989 14
Ijanning Amendment Act, 1990 117
Iwers of Attorney Amendment Act, 1990 131
I of its from Crime Act, 1990 122
Iblic Holidays Statute Law Amendment Act, 1989 6
(blic Holidays Statute Law Amendment Act, 1989 9
fblic Lands Amendment Act, 1990 153
jfblic Vehicles Amendment Act, 1990 120
Q
ality of Drinking Water (see Ontario Safe Drinking Water)
R
Register of Ontario Land Information, (see Ontario
Land Information)
Representation Amendment Act , 1990
Residential Rent Regulation Amendment Act, 1990
Rights of Non-Un ionized Workers, (see Non -Unionized)
S
Seniors' Independence Act, 1990
Smoking in the Workplace (see Municipal Smoking By-law)
T
Teachers ' Superannuation Amendment Act , 1989
Ticket Speculation Amendment Act, 1989
Tobacco Sale Regulation Act, 1990
Tobacco Sale to Minors Statute Law Amendment Act, 1989
Tommy Douglas Day Act , 1 990 . . . ,.
U
Unsolicited Facsimile Transmissions Act, 1990
V
VDT Operators' Safety Act, 1990 .
Victims' Bill of. Rights Act, 1990
Z
Zoo Licensing Act, 1989
PRIVATE BILLS
1239 Ontario Inc. Act, 1989 PrlO
4610 Ontario Inc. Act, 1990 Pr34
3598 Ontario Limited Act , 1989 Pr49
Pgelato Service Centre Ltd. Act, 1989 Pr26
fsociation of Municipal Tax Collectors Act, 1989 Pr25
Psociation of Stoney Lake Cottagers Inc. Act, 1990 Pr5^
f team Co. Limited Act, 1989 Pr51
fA Home Insurance Company Act, 1990 Pr69
B
Elsward Investments Limited Act, 1989 Pr20
Eampton Act , 1990 - City of Pr43
Eantford and Southern Railway Company Inc. Act, 1989 Pr54
Eiice Office Supply Limited Act, 1989 Pr23
intre culturel d' Orleans Act, 1989 - Loi de 1989 sur le
Entre culturel d* Orleans Pr6
ty of Chatham Foundation Act, 1990 Pr6l
D
llrjorwic Metis Corporation Act , 1990 Pr93
St York Act, 1990 - Borough of Pr96
ist York-Scarborough Reading Association Inc. Act, 1989 Pr48
pire Club Foundation Act, 1990 Pr87
obicoke Act, 1989 - City of Pr50
obicoke Act, 1990 - City of Pr83
Fort Erie Community Young Men's Christian
Association Act, 1989 • P
Fort Erie Lions Senior Citizens Complex Inc. Act, 1989 P
Front of Leeds and Lansdowne Act, 1990 - Township of P
Gowganda Town Plot Land Act, 1989
Grand Valley Railway Co. Inc. Act, 1989 P
Guelph Act , 1989 - City of P
Guilford Act, 1990 - Township of P
Gursikh Sabha Canada Act , 1990 P
H
Hamilton Act , 1989 - City of P
Harewood Park Association Act, 1990 P
Homes Unlimited (London) Inc. Act, 1989 P
Human Resources Professionals Association
of Ontario Act, 1990 P
Immanuel Christian School Society of East Toronto Act, 1990 ... P
Innomed Inc. Act, 1989 P
Iroquois Falls Act, 1989 - Town of P
Jabko Holdings Ltd. Act, 1990 F
K
Killaloe Act, 1989 - Village of F
Kingston and townships of Kingston, Pittsburgh and
Ernestown Act, 1989 - City of F
Kingston and townships of Kingston, Pittsburgh and
Ernestown Act, 1990 - City of I
,.:e of the Woods District Hospital Act, 1990 Pr47
Jiramar Holdings Limited Act, 1989 Pr17
Jidon Regional Art and Historical Museums Act, 1989 Prl6
ilawaska Club Limited Act, 1989 Pr12
Ississauga Act, 1990 - City of Pr78
J clonal Capital Children's Oncology Care Inc. Act, 1990 Pr8
J igara-on-the-Lake Act , 1 990 - Town of Pr88
j'th Bay Act, 1990 - City of Pr57
J 'th York Act, 1990 - City of Pr84
Dcville Act, 1990 - Town of Pr98
3:ario Home Economics Association Act , 1989 Pr35
]:ario Korean Businessmen's Association Act, 1990 Pr73
hario Midwestern Railway Company Limited Act, 1989 Pr45
]:ario Mortgage Brokers Association Act, 1989 Pr46
hario Skeet Shooting Association Act, 1990 Pr64
;:awa Act, 1989 - City of Pr38
hawa Act, 1990 - City of Pr60
^:awa Arts Centre Foundation Act, 1990 Pr4l
]:awa Charitable Foundation Board of
^istees (see Ottawa Act, 1989 - City of)
= 1 P Murray Foundation Act, 1990 Pr36
/mpton Act , 1990 - Township of Pr65
rt Bruce Boat Club Act, 1989 Pr19
R
gis College Act, 1989 ' Pr30
yal Botanical Gardens Act, 1989 Pr7
yal Canadian Legion Act, 1990 Pr44
St . George ' s Society of Toronto Act , 1 990 I
Sarnia General Hospital Act, 1989
Scarborough Act, 1990 - City of
Silayan Filipino Coranunity Centre Act, 1990 i^
Simcoe Act , 1990 - Town of f
Sioux Lookout District Health Centre Act, 1990 t
South Simcoe Railway Heritage Act, 1989 li
Stoney Lake Cottagers (see Association)
Thunder Bay Act, 1990 - City of .♦. $9
Times Change Women's Employment Service Inc. Act, 1989 15
Toronto Act, 1989 - City of r
Toronto Act, 1989 - City of 1
Toronto Act, 1989 - City of i^
Toronto Act, 1990 - City of r
Toronto Act, 1990 - City of II
Toronto Act, 1990 - City of I6
Toronto Act, 1990 - City of 17
Toronto Baptist Seminary and Bible College Act, 1989 12
Vanier Act, 1990 - City of 1
Victoria County Railway Company Limited Act, 1990 llfi
Windsor Act, 1989 - City of
Windsor Act , 1 989 - City of 1
Windsor Act, 1990 - City of 1
Bill 1 Government Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Billl
An Act to amend the
Ontario Municipal Board Act
The Hon. I. Scott
Attorney General
1st Reading April 25th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTE
The purpose of the Bill is to convert the position of the secretary of the Board into
a public service position. At present, the secretary is appointed by the Lieutenant Gover-
nor in Council and serves at pleasure.
BiU 1 1989
An Act to amend the
Ontario Municipal Board Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Subsection 27 (1) of the Ontario Municipal Board Act,
being chapter 347 of the Revised Statutes of Ontario, 1980, is
repealed and the following substituted therefor:
(1) There shall be a secretary of the Board who shall be Secretary
appointed under the Public Service Act. R so. i980,
c. 418
2. This Act comes into force on the day it receives Royal commence-
Assent. """^
3. The short title of this Act is the Ontario Municipal Board short title
Amendment Act, 1989.
Billl
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Billl
(Chapter 32
Statutes of Ontario, 1989)
An Act to amend the
Ontario Municipal Board Act
The Hon. I. Scott
Attorney General
1st Reading April 25th, 1989
2nd Reading June 21st, 1989
3rd Reading July 13th, 1989
Royal Assent July 13th, 1989
Printed under authority of the Legislative Assembly by the
® Queen's Printer for Ontario
Bill 1 1989
An Act to amend the
Ontario Municipal Board Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Subsection 27 (1) of the Ontario Municipal Board Act,
being chapter 347 of the Revised Statutes of Ontario, 1980, is
repealed and the following substituted therefor:
(1) There shall be a secretary of the Board who shall be Secretary
appointed under the Public Service Act. R s.o. i980,
^^ c. 418
2. This Act comes into force on the day it receives Royal Commence-
Assent. "'"'
3. The short title of this Act is the Ontario Municipal Board Short title
Amendment Act, 1989.
\
Bill 2 Gk)vernmeiit Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 2
An Act to amend the Courts of Justice Act, 1984
The Hon. I. Scott
Attorney General
1st Reading May 1st, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
The Bill substantially changes the structure of the Ontario courts.
The present structure of the courts is as follows:
1. The Supreme Court of Ontario has two branches, the Court of Appeal and the
High Court of Justice. The Supreme Court is a superior court with civil and
criminal jurisdiction whose judges are appointed by the federal government.
2. The District Court of Ontario has both civil and criminal jurisdiction but is not
a superior court. Its civil jurisdiction is limited by the Courts of Justice Act,
1984 to claims of less than $25,000 unless both parties agree to let it hear a
claim for a greater amount. Its judges are appointed by the federal govern-
ment.
3. The Divisional Court is a division of the High Court that hears specified
appeals assigned to it by statute and applications for judicial review of a deci-
sion of a board or agency. The judges of the High Court are the judges of the
Divisional Court.
4. There are four courts presided over by provincial judges, the Provincial Court
(Civil Division), the Provincial Court (Family Division), the Provincial Court
(Criminal Division) and the Provincial Offences Court. The Provincial Offences
Court is usually presided over by justices of the peace and the Provincial Court
(Civil Division) is often presided over by part.-time deputy judges.
5. The Unified Family Court is a specialized court for family law proceedings in
TTie Regional Municipality of Hamilton- Wentworth. Its judges are appointed by
the federal government and are also given the power of provincial judges for
their work in the court.
The structure of the Ontario courts proposed by the BiU is as follows:
1. The Court of Appeal will be continued as the final court of appeal for the
Province and will be separated from the High Court.
2. There will be a new court, to be called the Ontario Court of Justice, composed
of two divisions, the General Division and the Provincial Division.
3. The Ontario Court (General Division) will combine the jurisdiction now exer-
cised by the High Court, the District Court and the surrogate courts. The exist-
ing judges of those courts will all become judges of the Ontario Court (General
Division). The General Division will be a superior court.
4. The Divisional Court will be continued with no change in its jurisdiction as a
branch of the Ontario Court (General Division). All of the judges of the Gen-
eral Division will be judges of the Divisional Court.
5. The Small Claims Court will also be a branch of the Ontario Court (General
Division). The monetary limit of the Small Claims Court will be prescribed by
regulation. All of the judges of the General Division will be judges of the
Small Claims Court. In addition, provincial judges who were formerly in the
Provincial Court (Civil Division) will preside over matters in the Small Claims
Court and deputy judges will be appointed for three-year renewable terms to
preside over matters in the Small Claims Court that do not exceed a prescribed
amount.
6. The Ontario Court (Provincial Division) combines the jurisdiction now exer-
cised by the Provincial Court (Criminal Division), the Provincial Court (Family
Division) and the Provincial Offences Court. The existing judges of those
courts will all become judges of the Ontario Court (Provincial Division).
7. The Unified Family Court is established as a superior court but is otherwise
not changed.
A judge of the General Division will be appointed as Chief Judge of the Ontario
Court to manage judicial resources for the General Division of the Ontario Court of Jus-
tice. A provincial judge will be appointed as Chief Judge of the Ontario Court (Provin-
cial Division) to manage judicial resources for the Provincial Division.
The Province will be divided into regions for judicial purposes, with the number and
area of the regions to be prescribed by regulation. A judge of the General Division will
be appointed as regional senior judge of the General Division for each region to manage
judicial resources for the General Division in the region, subject to the authority of the
Chief Judge of the Ontario Court. A provincial judge will be appointed as regional
senior judge of the Provincial Division for each region to manage judicial resources for
the Provincial Division in the region, subject to the authority of the Chief Judge of the
Ontario Court (Provincial Division).
The Chief Judge of the Ontario Court (Provincial Division) and the regional senior
judges of the Provincial Division will be appointed to their administrative positions for
five-year terms, after which they will return to being provincial judges.
The Ontario Courts Advisory Council will be replaced by the Ontario Courts Man-
agement Committee. In addition, each region will have a Regional Courts Management
Committee consisting of the regional senior judges, the regional director of courts
administration, the regional director of Crown attorneys and representatives of the
regional bar and the public.
The Bill will also restructure rule-making for the courts. Part V of the existing Act
establishes the Rules Committee of the Supreme and District Courts and provides for the
making of rules of practice and procedure for civil proceedings in those courts. The Bill
will establish three separate rules committees, the Civil Rules Committee, the Family
Rules Committee and the Criminal Rules Committee, each to make rules in their respec-
tive areas.
Some of the other changes to the Act are as follows:
1. The number of judges of the Court of Appeal will be fixed by regulation rather
than by statute.
2. Every judge of the General Division must be assigned to a particular region
and there must be at least one judge of the General Division assigned to each
county or district.
3. The judges of the Ontario Court of Justice are required to meet at least once
each year and the judges of the Ontario Court in each region are required to
meet at least once in each year to consider the Act, the rules and the adminis-
tration of justice.
4. A limit on costs in the Small Claims Court is set at 15 per cent of the amount
claimed unless the court considers it necessary in the interests of justice to
penalize a person for unreasonable behaviour in the proceeding.
5. The Act now provides that the Province will pay $3,000 each year to federally
appointed judges. Although these payments will continue for judges appointed
before the Bill comes into force, no payments will be made to future appoint-
ees.
6. There is no provision for the appointment of new masters.
7. The Lieutenant Governor in Council will be permitted to prescribe the form of
the gown worn in court by all judges appointed after the Bill comes into force.
8. All Ontario Court and Unified Family Court judges may be addressed as
"Your Honour", subject to the right of former High Court judges to elect to
be addressed according to the old practice.
9. Errors in the Act are corrected with respect to jury trials (section 121) and set-
ting off mutual debts (section 124). The medical examination provision of the
Act (section 118) is amended to permit a court to order an examination by a
registered psychologist.
10. The salaries of former Chief Judges, Associate Chief Judges and senior judges
of the provincial courts and of the Senior Master are protected and they are
permitted to retain their titles.
11. The transitional provisions and complementary amendments in the Act are
amended to ensure the continuation of existing court proceedings in the new
courts and to deem references to courts in other statutes to be references to
the new courts.
The Bill is accompanied by the Court Reform Statute Law Amendment Act, 1989,
which repeals the Sheriffs Act and makes consequential amendments to 52 other statutes.
Bill 2 1989
An Act to amend the Courts of Justice Act, 1984
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Section 1 of the Courts of Justice Act, 1984^ being chapter
11, is repealed and the following substituted therefor:
1. In this Act, Definitions
"action" means a civil proceeding that is not an application
and includes a proceeding commenced by,
(a) claim,
(b) statement of claim,
(c) notice of action,
(d) counterclaim,
(e) crossclaim,
(f) third or subsequent party claim, or
(g) divorce petition or counterpetition;
"application" means a civil proceeding that is commenced by
notice of application or by application;
"defendant" means a person against whom an action is com-
menced;
"hearing" includes a trial;
"motion" means a motion in a proceeding or an intended
proceeding;
"order" includes a judgment or decree;
Bill 2
COURTS OF JUSTICE
1989
"plaintiff means a person who commences an action;
"region" means a region prescribed under section 92a.
1984, c. 11, s. 1, amended.
2. Parts I and II, Part III, as amended by the Statutes of
Ontario, 1984, chapter 55, section 213, 1984, chapter 64, sec-
tion 1, 1985, chapter 1, section 4, 1986, chapter 7, section 15
and 1987, chapter 1, sections 1, 2 and 3, Part IV, as amended
by the Statutes of Ontario, 1984, chapter 55, section 213, 1984,
chapter 64, sections 2, 3, 4 and 5 and 1987, chapter 1, sections
4, 5 and 6 and Part V, as amended by the Statutes of Ontario,
1984, chapter 64, sections 6 and 7, of the said Act are repealed
and the following substituted therefor:
PART I
Court of
Appeal
COURT OF APPEAL FOR ONTARIO
2. — (1) The branch of the Supreme Court of Ontario
named the Court of Appeal for Ontario is continued as a
superior court of record named the Court of Appeal for
Ontario.
Idem
Composition
of court
Number of
judges
(2) In exercising its jurisdiction, the Court of Appeal has all
the power and authority historically exercised by courts of
common law and equity in England and Ontario. 1984,
c. 11, s. 2, amended.
3. — (1) The Court of Appeal shall consist of,
(a) the Chief Justice of Ontario, who shall be president
of the court;
(b) the Associate Chief Justice of Ontario; and
(c) such number of other judges as is fixed under sub-
section (2), to be called justices of appeal. 1984,
c. 11, s. 3 (1), amended.
(2) The Lieutenant Governor in Council may by regulation
fk the number of judges of the Court of Appeal who are in
addition to the Chief Justice and the Associate Chief Justice.
Idem
Additional
judges
(3) A reduction in the number of judges does not affect
appointments existing at the time of the reduction. New.
(4) There shall be such additional offices of judge of the
Court of Appeal as are from time to time required, to be held
by Chief Justices of Ontario and Associate Chief Justices of
I
1989 COURTS OF JUSTICE Bill 2 3
Ontario who have elected under the Judges Act (Canada) to R s.c. i985,
perform only the duties of a judge of the Court of Appeal. ^' ^'^
1984, c. 11, s. 6 (1), amended.
(5) There shall be such additional offices of supernumerary Super-
judge of the Court of Appeal as are from time to time jUd^ir^
required, to be held by judges of the Court of Appeal who
have elected under the Judges Act (Canada) to hold office
only as a supernumerary judge of the court. 1984, c. 11,
s. 6 (3), amended.
4. — (1) The Chief Justice of Ontario, with the concurrence ^^i^ment
of the Chief Judge of the Ontario Court, may assign a judge from General
of the Ontario Court (General Division) to perform the work Division
of a judge of the Court of Appeal. 1984, c. 11, s. 9 (2),
amended.
(2) A judge of the General Division is, by virtue of his or General
her office, a judge of the Court of Appeal and has all the judge?"
jurisdiction, power and authority of a judge of the Court of
Appeal. 1984, c. 11, s. 8, amended.
5. — (1) The Chief Justice of Ontario has general super- Powers and
vision and direction over the sittings of the Court of Appeal cwef justice
and the assignment of the judicial duties of the court. 1984,
c. 11, s. 18(5).
(2) If the Chief Justice of Ontario is absent from Ontario or Absence of
is for any reason unable to act, his or her powers and duties '*^ "^*'*^
shall be exercised and performed by the Associate Chief
Justice of Ontario.
(3) If the Chief Justice of Ontario and the Associate Chief Absence of
Justice of Ontario are both absent from Ontario or for any chief Justice
reason unable to act, the powers and duties of the Chief
Justice shall be exercised and performed by a judge of the
Court of Appeal designated by the Chief Justice or Associate
Chief Justice. 1984, c. 11, s. 3 (2), amended.
6. — (1) An appeal lies to the Court of Appeal from, Court of
jurisdiction
(a) an order of the Divisional Court, on a question that
is not a question of fact alone, with leave as pro-
vided in the rules of court;
(b) a final order of a judge of the Ontario Court
(General Division), except an order referred to in
clause 18 (1) (a);
Bill 2
COURTS OF JUSTICE
1989
(c) a certificate of assessment of costs issued in a pro-
ceeding in the Court of Appeal, on an issue in
respect of which an objection was served under the
rules of court. 1984, c. 11, s. 17 (1), amended.
Combining of (2) The Court of Appeal has jurisdiction to hear and deter-
Sr^counT mine an appeal that lies to the Divisional Court or the
Ontario Court (General Division) if an appeal in the same
proceeding lies to and is taken to the Court of Appeal.
Idem
(3) The Court of Appeal may, on motion, transfer an
appeal that has already been commenced in the Divisional
Court or the Ontario Court (General Division) to the Court
of Appeal for the purpose of subsection (2). 1984, c. 11,
s. 17 (2), amended.
Composition 7, — (1) \ proceeding in the Court of Appeal shall be
hLrinS ^°' heard and determined by not fewer than three judges sitting
together, and always by an uneven number of judges. 1984,
c. 11, s. 18 (1), amended.
Idem,
motions
Idem
Idem
(2) A motion in the Court of Appeal and an appeal under
clause 6 (1) (c) shall be heard and determined by one judge.
(3) Subsection (2) does not apply to a motion for leave to
appeal, a motion to quash an appeal or any other motion that
is specified by the rules of court.
(4) A judge assigned to hear and determine a motion may
adjourn the motion to a panel of the Court of Appeal.
Idem
(5) A panel of the Court of Appeal may, on motion, set
aside or vary the decision of a judge who hears and deter-
mines a motion. 1984, c. 11, s. 18 (3), amended.
References to g, — (1) jhc Lieutenant Governor in Council may refer any
^p^^ question to the Court of Appeal for hearing and considera-
tion.
Opinion of
court
Submissions
by Attorney
General
(2) The court shall certify its opinion to the Lieutenant
Governor in Council, accompanied by a statement of the rea-
sons for it, and any judge who differs from the opinion may
certify his or her opinion and reasons in the same manner.
(3) On the hearing of the question, the Attorney General
of Ontario is entitled to make submissions to the court.
Idem
(4) The Attorney General of Canada shall be notified and
is entitled to make submissions to the court if the question
relates to the constitutional validity or constitutional applica-
1989 COURTS OF JUSTICE Bill 2 5
bility of an Act, or of a regulation or by-law made under an
Act, of the Parliament of Canada or the Legislature.
(5) The court may direct that any person interested, or any Notice
one or more persons as representatives of a class of persons
interested, be notified of the hearing and be entitled to make
submissions to the court.
(6) If an interest affected is not represented by counsel, the ^f^^^^^^^
court may request counsel to argue on behalf of the interest
and the reasonable expenses of counsel shall be paid by the
Treasurer of Ontario.
(7) The opinion of the court shall be deemed to be a Appeal
judgment of the court and an appeal lies from it as from a
judgment in an action. 1984, c. 11, s. 19.
PART II
ONTARIO COURT OF JUSTICE
9. — (1) The Ontario Court of Justice is established. ojt^no
(2) The Ontario Court shall consist of two divisions, the Divisions
General Division and the Provincial Division. New.
ONTARIO COURT (GENERAL DIVISION)
10.— (1) The branch of the Supreme Court of Ontario ^^^^^^^
named the High Court of Justice for Ontario, the District
Court of Ontario and the surrogate courts are amalgamated
and continued as a superior court of record named the
Ontario Court (General Division).
(2) The General Division has all the jurisdiction, power i*'*™
and authority historically exercised by courts of common law
and equity in England and Ontario. 1984, c. 11, s. 2 (1),
amended.
11.— (1) The General Division shall consist of. Composition
^ ' of General
Division
(a) the Chief Judge of the Ontario Court, who shall be
president of the Ontario Court;
(b) a regional senior judge of the General Division for
each region;
(c) a senior judge of the General Division for the
Unified Family Court; and
6
Bill 2
COURTS OF JUSTICE
1989
(d) such number of judges of the General Division as is
fixed under clause 53 (1) (a). 1984, c. 11, s. 4 (1),
amended.
Additional
judges
R.S.C. 1985,
c. J-1
(2) There shall be such additional offices of judge of the
General Division as are from time to time required, to be held
by Chief Judges of the Ontario Court and regional senior
judges of the General Division who have elected under the
Judges Act (Canada) to perform only the duties of a judge of
the Ontario Court. 1984, c. 11, s. 6 (1), amended.
Super-
numerary
judges
Assignment
of judges
from Court
of Appeal
Court of
Appeal
judges
Powers and
duties of
Chief Judge
of Ontario
Court
Regional
senior
judges.
General
Division
Delegation
Absence of
Chief Judge
of Ontario
Court
Absence of
regional
senior judge
of General
Division
(3) There shall be such additional offices of supernumerary
judge of the General Division as are from time to time
required, to be held by judges of the General Division who
have elected under the Judges Act (Canada) to hold office
only as a supernumerary judge of that division. 1984, c. 11,
s. 6 (3), amended.
12. — (1) The Chief Justice of Ontario, with the concur-
rence of the Chief Judge of the Ontario Court, may assign a
judge of the Court of Appeal to perform the work of a judge
of the General Division. 1984, c. 11, s. 9 (1), amended.
(2) A judge of the Court of Appeal is, by virtue of his or
her office, a judge of the General Division and has all the
jurisdiction, power and authority of a judge of the General
Division. 1984, c. 11, s. 8, amended.
13. — (1) The Chief Judge of the Ontario Court shall direct
and supervise the sittings of the Ontario Court (General
Division) and the assignment of its judicial duties.
(2) A regional senior judge of the General Division shall,
subject to the authority of the Chief Judge of the Ontario
Court, exercise the powers and perform the duties of the
Chief Judge in respect of the General Division in his or her
region.
(3) A regional senior judge of the General Division may
delegate to a judge of the General Division in his or her
region the authority to exercise specified functions. New.
(4) If the Chief Judge of the Ontario Court is absent from
Ontario or is for any reason unable to act, his or her powers
and duties shall be exercised and performed by a regional
senior judge of the General Division designated by the Chief
Judge of the Ontario Court. 1984, c. 11, s. 4 (3), amended.
(5) The powers and duties of a regional senior judge of the
General Division who is absent from Ontario or is for any rea-
1989 COURTS OF JUSTICE Bill 2 7
son unable to act shall be exercised and performed by a judge
of the General Division designated by the Chief Judge of the
Ontario Court. New.
14.— (1) The Chief Judge of the Ontario Court shall assign Judges
V z 1^^' • • • assigned to
every judge of the General Division to a region. regions
(2) There shall be at least one judge of the General ^Jj^fJ^^^^j,
Division assigned to each county or district. county
(3) No judge of the General Division who was a judge of "'J^'p^J^Jj
the High Court of Justice or the District Court of Ontario coun judges
before this section comes into force shall be assigned without
his or her consent to a region other than the region in which
he or she resided immediately before this section comes into
force.
(4) Subsections (1) to (3) do not prevent the temporary wem
assignment of a judge to a location anywhere in Ontario.
New.
15. A proceeding in the General Division shall be heard ^^P|^'j°;*
and determined by one judge of the General Division. 1984, hearings
c. 11, s. 14 (1), amended.
16. An appeal lies to the General Division from, GeS^S ^°
Division
(a) an interlocutory order of a master;
(b) a certificate of assessment of costs issued in a pro-
ceeding in the General Division, on an issue in
respect of which an objection was served under the
rules of court. 1984, c. 11, s. 13 (2), amended.
DIVISIONAL COURT
17.— (1) There shall be a branch of the General Division gjjjj^"^'
to be known as the Divisional Court consisting of the Chief
Judge of the Ontario Court who shall be president of the
court and such other judges of the General Division as the
Chief Judge designates from time to time.
(2) Every judge of the General Division is also a judge of q"^^'*^^°"
the Divisional Court. 1984, c. 11, s. 5, amended. ° ^" ^^^
18.— (1) An appeal lies to the Divisional Court from, ^uJi""^*
jurisdiction
(a) a final order of a judge of the General Division,
Bill 2
COURTS OF JUSTICE
1989
(i) for a single payment of not more than
$25,000, exclusive of costs,
(ii) for periodic payments that amount to not
more than $25,000, exclusive of costs, in the
twelve months commencing on the date the
first payment is due under the order,
(iii) dismissing a claim for an amount that is not
more than the amount set out in subclause (i)
or (ii), or
(iv) dismissing a claim for an amount that is more
than the amount set out in subclause (i) or (ii)
and in respect of which the judge indicates
that if the claim had been allowed the amount
awarded would have been not more than the
amount set out in subclause (i) or (ii);
(b) an interlocutory order of a judge of the General
Division, with leave as provided in the rules of
court;
(c) a final order of a master.
amended.
1984, c. 11, s. 15 (1),
(2) The Divisional Court has jurisdiction to hear and deter-
Combining of
Snerai °™ mine an appeal that lies to the General Division if an appeal
Division in the Same proceeding Ues to and is taken to the Divisional
Court.
^^^^ (3) The Divisional Court may, on motion, transfer an
appeal that has already been commenced in the General
Division to the Divisional Court for the purpose of subsection
(2). 1984, c. 11, s. 15 (2), amended.
interioarto™ ^^^ ^^ appeal Hes from an interlocutory order of a judge of
orders the General Division made on an appeal from an interlocutory
order of the Provincial Division. 1984, c. 11, s. 36 (4),
amended.
Appeals
heard in
regions
19. — (1) An appeal to the Divisional Court shall be heard
in the region in which the order appealed from was made,
unless the parties agree otherwise.
^ro^edin ^^^ ^^^ Other proceeding in the Divisional Court may be
rn^y re^n brought in any region. New.
SfSS'for" ^®* — ^^) ^ proceeding in the Divisional Court shall be
hearings heard and determined by three judges sitting together.
1989 COURTS OF JUSTICE Bill 2 9
(2) A proceeding in the Divisional Court may be heard and Wem
determined by one judge where the proceeding,
(a) is an appeal under clause 18 (1) (c);
(b) is an appeal under section 31 from a provincial
judge or a deputy judge presiding over the Small
Claims Court; or
(c) is in a matter that the Chief Judge of the Ontario
Court or a judge designated by the Chief Judge is
satisfied, from the nature of the issues involved and
the necessity for expedition, can and ought to be
heard and determined by one judge.
(3) A motion in the Divisional Court shall be heard and ^^^"^^^
determined by one judge, unless otherwise provided by the ™°'*"^
rules of court.
(4) A judge assigned to hear and determine a motion may w^m
adjourn it to a panel of the Divisional Court.
(5) A panel of the Divisional Court may, on motion, set ''•e™
aside or vary the decision of a judge who hears and deter-
mines a motion. 1984, c. 11, s. 16, amended.
SMALL CLAIMS COURT
21. The Provincial Court (Civil Division) is continued as a SmjJJ cia™s
branch of the General Division to be known as the Small
Claims Court. New.
22.— (1) The Small Claims Court shall consist of, S'wi*'°°
(a) every judge of the General Division;
of Small
Claims Court
(b) every provincial judge who was assigned to the
Provincial Court (Civil Division) before this section
comes into force; and
(c) the deputy judges appointed under subsection (2).
(2) A regional senior judge of the General Division may, PJP^'^
with the approval of the Attorney General, appoint a barrister ^" ^^^
and solicitor to act as a deputy judge of the Small Claims
Court for a term of three years.
(3) A regional senior judge of the General Division may "em
renew the appointment of a deputy judge for one or more
three-year terms. 1984, c. 11, s. 77 (2, 3), amended.
10
Bill 2
COURTS OF JUSTICE
1989
Jurisdiction 23. — (1) The Small Claims Court,
(a) has jurisdiction in any action for the payment of
money where the amount claimed does not exceed
the prescribed amount exclusive of interest and
costs; and
(b) has jurisdiction in any action for the recovery of
possession of personal property where the value of
the property does not exceed the prescribed
amount. 1984, c. 11, s. 78 (1), amended.
Transfer (2) An action in the General Division may be transferred to
Division the Small Claims Court by the local registrar of the General
Division on requisition with the consent of all parties filed
before the trial commences if,
(a) the only claim is for the payment of money or the
recovery of possession of personal property; and
(b) the claim is within the jurisdiction of the Small
Claims Court.
Composition
of court for
hearings
Where
deputy judge
not to
preside
Idem (3) An action transferred to the Small Claims Court shall
be titled and continued as if it had been commenced in that
court. 1984, c. 11, s. 84, amended.
24. — (1) A proceeding in the Small Claims Court shall be
heard and determined by one judge or deputy judge.
(2) A deputy judge shall not preside over the court in an
action,
(a) for the payment of money in excess of the pre-
scribed amount; or
(b) for the recovery of possession of personal property
exceeding the prescribed amount in value. 1984,
c. 11, s. 77 (2, 3), amended.
25. The Small Claims Court shall hear and determine in a
sunmiary way all questions of law and fact and may make such
order as is considered just and agreeable to good conscience.
1984, c. 11, s. 78 (3), amended.
Representation 26. A party may be represented in a proceeding in the
Small Claims Court by counsel or an agent but the court may
exclude from a hearing anyone, other than a barrister and
solicitor qualified to practise in Ontario, appearing as an agent
on behalf of a party if it finds that such person is not compe-
Summary
hearings
1989 COURTS OF JUSTICE Bill 2 11
tent properly to represent the party or does not understand
and comply at the hearing with the duties and responsibilities
of an advocate. 1984, c. 11, s. 79, amended.
27. — (1) Subject to subsections (3) and (4), the Small Evidence
Claims Court may admit as evidence at a hearing and act
upon any oral testimony and any document or other thing so
long as the evidence is relevant to the subject-matter of the
proceeding, but the court may exclude anything unduly repeti-
tious.
(2) Subsection (1) applies whether or not the evidence is Wem
given or proven under oath or affirmation or admissible as
evidence in any other court.
(3) Nothing is admissible in evidence at a hearing, "em
(a) that would be inadmissible by reason of any privi-
lege under the law of evidence; or
(b) that is inadmissible by any Act.
(4) Nothing in subsection (1) overrides the provisions of Conflicts
any Act expressly limiting the extent to or purposes for which
any oral testimony, documents or things may be admitted or
used in evidence in any proceeding.
(5) A copy of a document or any other thing may be admit- Copies
ted as evidence at a hearing if the presiding judge is satisfied
as to its authenticity. 1984, c. 11, s. 80, amended.
28. The Small Claims Court may order the times and the JjJ^^"'^"^
proportions in which money payable under an order of the
court shall be paid. 1984, c. 11, s. 81, amended.
29. An award of costs in the Small Claims Court, other }f^}} o"
than disbursements, shall not exceed 15 per cent of the
amount claimed or the value of the property sought to be
recovered unless the court considers it necessary in the inter-
ests of justice to penalize a party, counsel or agent for unrea-
sonable behaviour in the proceeding. New.
30. Orders of the Small Claims Court shall be directed to Jf"^°^^*"*
a bailiff appointed under subsection 32 (1) for enforcement,
unless otherwise provided by the rules of court. 1984, c. 11,
s. 82, amended.
31. An appeal lies to the Divisional Court from a final Appeals
order of the Small Claims Court in an action,
costs
12
Bill 2
COURTS OF JUSTICE
1989
(a) for the payment of money in excess of $500, exclud-
ing costs; or
(b) for the recovery of possession of personal property
exceeding $500 in value. 1984, c. 11, s. 83,
amended.
^l^^^ 32. — (1) There shall be a clerk and one or more bailiffs
Small Claims foi" cach division of the Small Claims Court who shall be
Court appointed by the Lieutenant Governor in Council.
Idem
(2) With the approval of the Deputy Attorney General or
the person designated by the Deputy Attorney General, every
clerk and bailiff of the Small Claims Court in a division that is
not designated under clause 53 (1) (g) may appoint in writing
a deputy who may exercise and perform all the powers and
duties of the clerk or bailiff.
Referee
(3) The Lieutenant Governor in Council may appoint a
referee for a division of the Small Claims Court. 1984, c. 11,
s. 86 (4, 5), amended.
PROVINCIAL DIVISION
Provincial
Division
33. The Provincial Court (Criminal Division), the Provin-
cial Court (Family Division) and the Provincial Offences
Court are amalgamated and continued as a court of record
named the Ontario Court (Provincial Division). New.
Composition
of Provincial
Division
34. The Provincial Division shall consist of,
(a) the Chief Judge of the Provincial Division
appointed under subsection 41 (3), who shall be
president of the Provincial Division;
(b) a regional senior judge of the Provincial Division
appointed under subsection 41 (4) for each region;
and
(c) such provincial judges as are appointed under
subsection 41 (1). New.
P^Yes^of""* 35.— (1) The Chief Judge of the Provincial Division shall
Chief Judge direct and supervise the sittings of the Provincial Division and
of Provincial the assignment of its judicial duties. 1984, c. 11, s. 63 (5),
amended.
Regional
senior
judges,
Provincial
Division
(2) A regional senior judge of the Provincial Division shall,
subject to the authority of the Chief Judge of the Provincial
1989
COURTS OF JUSTICE
Bill 2
13
Division, exercise the powers and perform the duties of the
Chief Judge of the Provincial Division in his or her region.
(3) A regional senior judge of the Provincial Division may Delegation
delegate to a judge of the Provincial Division in his or her
region the authority to exercise specified functions. New.
(4) If the Chief Judge of the Provincial Division is absent rh^PTd^
from Ontario or is for any reason unable to act, his or her of Provhiaai
powers and duties shall be exercised and performed by a Division
regional senior judge of the Provincial Division designated by
the Chief Judge of the Provincial Division. 1984, c. 11,
s. 63 (7), amended.
(5) The powers and duties of a regional senior judge of the Absence of
Provincial Division who is absent from Ontario or is for any ^nior%dge
reason unable to act shall be exercised and performed by a of Provincial
judge of the Provincial Division designated by the Chief Judge
of the Provincial Division. New.
36. — (1) The Chief Judge of the Ontario Court (Provincial Judges
^ ' ° ^ assigned to
regions
Division) shall assign every provincial judge to a region.
(2) Subsection (1) does not prevent the temporary assign- ^^^^
ment of a provincial judge to a location anywhere in Ontario.
New.
37. — (1) A provincial judge has the power and authority 9"."\H'*!
of two or more justices of the peace when sitting in the
Provincial Division and shall exercise the powers and perform
the duties that any Act of the Parliament of Canada confers
on a provincial court judge when sitting in the Provincial
Division. 1984, c. 11, s. 67 (1), amended.
jurisdiction
(2) The Provincial Division shall perform any function
assigned to it by or under the Provincial Offences Act, the
Family Law Act, 1986, the Children's Law Reform Act, the
Child and Family Services Act, 1984 or any other Act. 1984,
c. 11, s. 69, s. 75 (1) (a), (k), amended.
(3) The Provincial Division is a youth court for the pur-
poses of the Young Offenders Act (Canada). 1984, c. 11,
s. 67 (2), s. 75 (1) (b), amended.
Provincial
offences and
family
jurisdiction
R.S.O. 1980,
c. 400
1986, c. 4
R.S.O. 1980,
c. 68
1984, c. 55
Youth court
jurisdiction
R.S.C. 1985,
c. Y-1
38. — (1) A proceeding in the Provincial Division shall be Judge to
heard and determined by one judge of the Provincial Division. ^'^^^' ^
1984, c. 11, s. 66 (2), s. 74 (2), amended.
14
Bill 2
COURTS OF JUSTICE
1989
Justice of the (2) A justicc of the pcacc may preside over the Provincial
preside'"^^ Division in a proceeding under the Provincial Offences Act.
R.s.o. 1980, 1984, c. 11, s. 68 (2), amended.
c. 400
Appeals 39^ — (^^ If no provision is made concerning an appeal
from an order of the Provincial Division, an appeal hes to the
General Division.
Exception
R.S.C. 1985,
c. C-46
(2) Subsection (1) does not apply to a proceeding under the
Criminal Code (Canada) or the Provincial Offences Act.
1987, c. 1, s. 6, amended.
Penalty for
disturbance
outside
courtroom
40. Any person who knowingly disturbs or interferes with
a proceeding in the Provincial Division without reasonable
justification while outside the courtroom is guilty of an
offence and on conviction is liable to a fine of not more than
$1,000 or to imprisonment for a term of not more than thirty
days, or to both. 1984, c. 11, s. 72, amended.
PROVINCIAL JUDGES
^f^'ToviS ^^' — (^) ^^^ Lieutenant Governor in Council, on the
j'udler*"'^'^ recommendation of the Attorney General, may appoint such
provincial judges as are considered necessary.
Qualifications
Chief Judge
(2) No person shall be appointed as a provincial judge
unless he or she has been a member of the bar of one of the
provinces of Canada for at least ten years. 1984, c. 11, s. 52.
(3) The Lieutenant Governor in Council may appoint a
provincial judge as Chief Judge of the Provincial Division.
1984, c. 11, s. 63 (1), amended.
Regional
senior judges
Term of
office
(4) The Lieutenant Governor in Council may appoint a
provincial judge to be the regional senior judge of the Provin-
cial Division for each region.
(5) The Chief Judge of the Provincial Division and the
regional senior judges of the Provincial Division shall hold
office for five years.
Idem
(6) If a successor is not appointed within five years, the
Chief Judge or a regional senior judge shall continue in office
until the successor is appointed, but in no case shall the Chief
Judge or regional senior judge hold office for more than seven
years.
^i^d^rS^'"^ (^) ^ ^^^^^ J"^S^ or ^ regional senior judge whose term of
office expires under subsection (5) or (6) shall continue to
1989 COURTS OF JUSTICE Bill 2 15
hold the office of provincial judge and is entitled to an annual
salary equal to the greater of,
(a) the current annual salary of a provincial judge; or
(b) the annual salary he or she received immediately
before ceasing to be Chief Judge or regional senior
judge.
(8) A Chief Judge or regional senior judge whose term of Chief Judge,
office expires under subsection (5) or (6) shall not be be*^ ' "°
reappointed to the same position. New. reappointed
42. — (1) A provincial judge shall devote his or her whole ot^^r
time to the performance of his or her duties as a judge, except ^""P^y™^"*
as authorized by the Lieutenant Governor in Council.
(2) Despite subsection (1), a provincial judge who, before *<*em
the 1st day of January, 1985, had the consent of the Attorney
General to act as an arbitrator or conciliator may continue to
so act. 1984, c. 11, s. 53, amended.
43. — (1) Every provincial judge shall retire upon attaining Retirement
the age of sixty-five years.
(2) Despite subsection (1), a provincial judge appointed as Wem
a fiiU-time magistrate, judge of a juvenile and family court or
master before the 2nd day of December, 1968 shall retire
upon attaining the age of seventy years.
(3) A judge who has attained the age of sixty-five years Continuation
may, subject to the annual approval of the Chief Judge of the offuSe ^^^ '"
Provincial Division, continue in office as a full-time or part-
time judge until he or she attains the age of seventy years.
(4) A judge who has attained the age of seventy years may, wem
subject to the annual approval of the Judicial Council, con-
tinue in office as a full-time or part-time judge until he or she
has attained the age of seventy-five years.
(5) A regional senior judge of the Provincial Division who continuation
is in office upon attaining the age of sixty-five years may, ^nio?j*"dge
subject to the annual approval of the Chief Judge of the in office
Provincial Division, continue in that office until he or she has
attained the age of seventy years.
(6) A regional senior judge of the Provincial Division who '<'«'"
is in office upon attaining the age of seventy years may, sub-
ject to the annual approval of the Judicial Council, continue
16
Bill 2
COURTS OF JUSTICE
1989
in that office until he or she has attained the age of seventy-
five years.
Continuation
in office of
Chief Judge
of Provincial
Division
(7) If the Chief Judge of the Provincial Division is in office
upon attaining the age for retirement under subsection (1) or
(2), he or she may, subject to the annual approval of the
Judicial Council, continue in that office until he or she has
attained the age of seventy-five years. 1984, c. 11, s. 54,
amended.
Resignation
of judge
Resignation
as Chief
Judge, etc.
44. — (1) A provincial judge may at any time resign from
his or her office by delivering a signed letter of resignation to
the Attorney General.
(2) A Chief Judge or a regional senior judge may, before
the expiry of his or her term of office under subsection 41 (5)
or (6), elect to hold the office of a provincial judge only, by
delivering a signed letter to that effect to the Attorney
General.
Effective
date
(3) A resignation or election under this section takes effect
on the day the letter is delivered to the Attorney General or,
if the letter specifies a later day, on that day. 1984, c. 11,
s. 55, s. 65, amended.
Removal for
cause
45. — (1) A provincial judge may be removed from office
before attaining retirement age only if,
(a) a complaint regarding the judge has been made to
the Judicial Council; and
(b) the removal is recommended by an inquiry held
under section 49 on the ground that the judge has
become incapacitated or disabled from the due exe-
cution of his or her office by reason of,
(i) infirmity,
(ii) conduct that is incompatible with the execu-
tion of his or her office, or
(iii) having failed to perform the duties of his or
her office.
Order for
removal
(2) An order removing a provincial judge from office under
this section may be made by the Lieutenant Governor on the
address of the Legislative Assembly. 1984, c. 11, s. 56,
amended.
1989 COURTS OF JUSTICE Bill 2 17
46. — (1) The Judicial Council for Provincial Judges is con- Judicial
tinued as the Ontario Judicial Council and shall be composed ^""'^''
of,
(a) the Chief Justice of Ontario, who shall preside over
the Ontario Judicial Council;
(b) the Associate Chief Justice of Ontario;
(c) the Chief Judge of the Ontario Court;
(d) the Chief Judge of the Ontario Court (Provincial
Division);
(e) the Treasurer of The Law Society of Upper
Canada; and
(f) not more than two other persons appointed by the
Lieutenant Governor in Council.
(2) A majority of members of the Judicial Council consti- Quonim
tutes a quorum and is sufficient for the exercise of all the
jurisdiction and powers of the Judicial Council.
(3) Such officers and employees of the Judicial Council as staff
are considered necessary may be appointed under the Public RS.o. i980.
Service Act. ' ^^^
(4) The Judicial Council may engage persons, including e^'F'^
counsel, to assist it in its investigations. 1984, c. 11, s. 57, '^^^^'^
amended.
(5) An investigation commenced by the Judicial Council Transition
before this section comes into force shall be continued by the
Judicial Council as it was constituted before this section comes
into force. New.
47. — (1) The functions of the Judicial Council are. Functions
(a) to consider all proposed appointments of provincial
judges and make a report on them to the Attorney
General;
(b) to receive and investigate complaints against provin-
cial judges.
(2) No action or other proceeding for damages shall be Liability for
instituted against the Judicial Council or any member or offi- '^^'"^^^
cer of it or any person acting under its authority for any act
18
Bill 2
COURTS OF JUSTICE
1989
Investigation
of complaints
Referral to
Chief Judge
done in good faith in the execution or intended execution of
its or his or her duty. 1984, c. 11, s. 58.
48. — (1) Where the Judicial Council receives a complaint
against a provincial judge, it shall take such action to investi-
gate the complaint as it considers advisable.
(2) The Judicial Council may transmit those complaints it
considers appropriate,
(a) concerning provincial judges to the Chief Judge of
the Provincial Division; and
(b) concerning masters to the Chief Judge of the
Ontario Court.
Proceedings
not public
(3) The proceedings of the Judicial Council shall not be
public, but it may inform the Attorney General respecting
matters that it has investigated and the Attorney General may
make public the fact that an investigation has been under-
taken.
Prohibiting
publication
(4) The Judicial Council may order that information or doc-
uments relating to its proceedings not be published or dis-
closed except as required by law.
Powers
R.S.O. 1980,
c. 411
(5) The Judicial Council has all the powers of a commission
under Part II of the Public Inquiries Act, which Part applies to
the investigation as if it were an inquiry under that Act.
Notice of
disposition
(6) When the Judicial Council has dealt with a complaint
regarding a provincial judge, it shall inform the following per-
sons of its disposition of the complaint:
Report and
recommen-
dations
1. The person who made the complaint.
2. If the complaint was brought to the attention of the
judge, the judge.
(7) The Judicial Council may report its opinion regarding
the complaint to the Attorney General and may recommend.
(a) that an inquiry be held under section 49;
(b) that the judge be compensated for all or part of the
costs incurred by the judge relating to the investiga-
tion.
Copy to
judge
(8) A copy of a report made under subsection (7) shall be
given to the judge.
1989 COURTS OF JUSTICE Bill 2 19
(9) The Judicial Council shall not make a report under sub- R'ght to be
section (7) unless the judge was notified of the investigation
and given an opportunity to be heard and to produce evidence
on his or her behalf.
(10) When the Judicial Council makes a report to the Publication
Attorney General under subsection (7), the Attorney General ° ^^^
may make all or part of the report public, if he or she is of the
opinion that it is in the public interest to do so. 1984, c. 11,
s. 59, amended.
49. — (1) The Lieutenant Governor in Council may inquiry
appoint a judge of the General Division to inquire into the
question whether a provincial judge should be removed from
office.
(2) The Public Inquiries Act applies to an inquiry under Powers
subsection (1). RSO- i^so,
(3) The report of the inquiry may recommend. Report
(a) that the judge be removed from office;
(b) that the judge be compensated for all or part of the
costs incurred by the judge relating to the inquiry.
(4) The report of the inquiry shall be laid before the Legis- Tabling of
lative Assembly if it is in session or, if not, within fifteen days ^^^^
after the commencement of the next session. 1984, c. 11,
s. 60, amended.
50. Every provincial judge is a justice of the peace and E^^iy
commissioner for taking affidavits. 1984, c. 11, s. 61. fildge"a*
justice
51. — (1) The committee known as the Ontario Provincial Provincial
Courts Committee is continued as the Provincial Judges Remuneration
Remuneration Commission. Commission
(2) The Commission shall be composed of the following Composition
three members: Commission
1. One appointed jointly by the associations represent-
ing provincial judges.
2. One appointed by the Lieutenant Governor in
Council.
3. One, who shall head the Commission, appointed
jointly by the bodies referred to in paragraphs 1 and
2.
20
Bill 2
COURTS OF JUSTICE
1989
Function
Annual
report
(3) The function of the Provincial Judges Remuneration
Commission is to inquire into and make recommendations to
the Lieutenant Governor in Council respecting any matter
relating to the remuneration, allowances and benefits of pro-
vincial judges, including the matters referred to in clauses
53 (1) (b) and (c).
(4) The Commission shall make an annual report of its
activities to the Lieutenant Governor in Council.
Tabling of
recommen-
dations
(5) Recommendations of the Commission and its annual
report shall be laid before the Legislative Assembly if it is in
session or, if not, within fifteen days of the commencement of
the next session. 1984, c. 11, s. 88, amended.
MISCELLANEOUS
Meeting of
judges
52. — (1) The judges of the Ontario Court of Justice shall
meet at least once in each year, on a day fixed by the Chief
Judge of the Ontario Court, in order to consider this Act, the
rules of court and the administration of justice generally.
Idem
(2) The judges shall report their recommendations to the
Attorney General. 1984, c. 11, s. 10, amended.
Regional
meeting of
judges
(3) The judges of the Ontario Court of Justice in each
region shall meet at least once in each year, on a day fixed by
the regional senior judge of the General Division, in order to
consider this Act, the rules of court and the administration of
justice in the region generally.
Idem
(4) The judges shall report their recommendations to the
Attorney General. New.
Regulations 53, — (1) fhe Lieutenant Governor in Council may make
regulations,
(a) fixing the number of judges of the General Division
who are in addition to the Chief Judge, the regional
senior judges and the Senior Judge for the Unified
Family Court;
(b) fixing the remuneration of provincial judges and
masters;
(c) providing for the benefits to which provincial judges
and masters are entitled, including,
(i) leave of absence and vacations,
1989 COURTS OF JUSTICE Bill 2 21
(ii) sick leave credits and payments in respect of
those credits,
(iii) pension benefits for provincial judges, masters
and their surviving spouses and children;
(d) prescribing territorial divisions for the Small Claims
Court and the place within each division where the
court office shall be located;
(e) prescribing the maximum amount of a claim in the
Small Claims Court for the purposes of subsection
23 (1);
(f) prescribing the maximum amount of a claim over
which a deputy judge may preside for the purposes
of subsection 24 (1);
(g) providing for the retention of fees by clerks, bailiffs
and referees of the Small Claims Court who are not
civil servants under the Public Service Act and des- R so. i980,
ignating divisions where clerks, bailiffs and referees
of the Small Claims Court may be appointed to a
position as a civil servant under that Act;
(h) prescribing for each region the minimum number of
judges of the General Division and of the Provincial
Division who are to be assigned to that region.
1984, c. 11, s. 4 (2), s. 20 (4), s. 87 (1), amended.
(2) A reduction in the number of judges of the General Wem
Division under clause (1) (a) does not affect appointments
existing at the time of the reduction. 1984, c. 11, s. 4 (2),
amended.
(3) Regulations made under clause (1) (c) may require Contributions
judges and masters to contribute from their salaries part of
the costs of benefits and may fix the amount of the contribu-
tions.
(4) A regulation made under clause (1) (c) may modify or Application
exclude the application of the Public Service Superannuation r.s.o. 1980,
Act. c. 419
(5) A regulation made under subsection (1) may be general Application
or particular in its application. 1984, c. 11, s. 20 (5-7), ° "^^guations
s. 87 (2-4), amended.
22
Bill 2
COURTS OF JUSTICE
1989
PART III
UNIFIED FAMILY COURT
Unified 54. The Unified Family Court is continued as a superior
Family Court ^^^^ ^^ ^^^^^.^ j^ ^^^ ^^^ ^j^^ Regional Municipality of
Hamilton- Wentworth. 1984, c. 11, s. 38, amended.
Composition 55, — (Y) The Unified Family Court shall be presided over
of court ,
by,
(a) a judge of the Ontario Court (General Division)
appointed as senior judge for the Unified Family
Court; or
(b) a judge of the Ontario Court (General Division),
who is authorized under subsection (4) to exercise the jurisdic-
tion of a judge of the Ontario Court (Provincial Division).
Duties of
senior judge
(2) The senior judge for the Unified Family Court shall
supervise and direct the sittings and the assignment of the
judicial duties of the Unified Family Court.
Authority for (3) The Lieutenant Governor in Council may authorize a
DWisioT judge of the General Division to exercise the jurisdiction of a
matters judge of the Provincial Division.
Exercise of
existing
jurisdiction
(4) A judge who may preside over the Unified Family
Court shall exercise his or her jurisdiction as a judge of the
General Division or a judge of the Provincial Division in the
matters in which the General Division or the Provincial
Division or a judge of one of them has jurisdiction under the
statutory provisions set out in the Schedule to this Part.
1984, c. 11, s. 39; 1987, c. 1, s. 1, amended.
Proceedmgs 55. — (J) Proceedings taken in a court in The Regional
Family Court Municipality of Hamilton-Wentworth under the statutory pro-
visions set out in the Schedule to this Part, other than by way
of appeal, shall be commenced and titled in the Unified
Family Court and the jurisdiction of the court shall be exer-
cised in the Unified Family Court.
Idem
S.C. 1986,
c. 4
1986, c. 4
R.S.O. 1980,
c. 68
(2) A motion for interim relief under the Divorce Act, 1985
(Canada), the Family Law Act, 1986 or the Children's Law
Reform Act in a proceeding in the General Division shall be
heard in the Unified Family Court if it is required or permit-
ted to be heard in The Regional Municipality of Hamilton-
Wentworth by the rules of court or an order of the court.
1984, c. 11, s. 40 (1,2) amended.
1989
COURTS OF JUSTICE
Bill 2
23
(3) All proceedings in or transferred to the Unified Family No jury
Court shall be heard and determined without a jury. 1984,
c. 11, s. 40 (4), amended.
57. Where a proceeding is commenced in the Unified l^'^er
Family Court in a matter over which junsdiction may be exer-
cised in the Unified Family Court and is combined with a
related matter in the jurisdiction of the judge but respecting
which jurisdiction may not be exercised in the Unified Family
Court, the court may, with leave of the judge, hear and deter-
mine the combined matters. 1984, c. 11, s. 41, amended.
jurisdiction
58. — (1) The Unified Family Court may hear and deter- orders of
Drccicccssor
mine an application under an Act to discharge, vary or sus- court
pend an order made by the Provincial Court (Family Division)
of the Judicial District of Hamilton-Went worth.
(2) The Unified Family Court may enforce orders made by Enforcement
the Provincial Court (Family Division) of the Judicial District
of Hamilton- Wentworth. 1984, c. 11, s. 42, amended.
59. — (1) Subject to subsection (2), proceedings referred to '^J^^ggjllf'^^
in subsection 56 (1) may be commenced in the Unified Family commenced
Court where the applicant or the respondent resides in The
Regional Municipality of Hamilton- Went worth. 1984, c. 11,
s. 44 (1), amended.
(2) An application under Part III of the Children's Law
Reform Act in respect of a child who ordinarily resides in The
Regional Municipality of Hamilton- Wentworth may be com-
menced in the Unified Family Court. 1984, c. 11, s. 44 (2),
amended.
Idem,
custody or
access
R.S.O. 1980,
c. 68
(3) A judge who may preside over the Unified Family Transfer to
Court may, on motion, order that a proceeding commenced in
the Unified Family Court be transferred to the appropriate
court in a place where there is no Unified Family Court if, in
the opinion of the judge, there is a preponderance of conven-
ience for the matter to be dealt with by that court. 1984,
c. 11, s. 44(3).
(4) A judge of a court having jurisdiction in a proceeding Transfer
under a statutory provision set out in the Schedule to this Part court
in an area other than The Regional Municipality of Hamilton-
Wentworth may, on motion, order that the proceeding be
transferred to the Unified Family Court if, in the opinion of
the judge, there is a preponderance of convenience for the
matter to be dealt with by that court. 1984, c. 11, s. 44 (4),
amended.
24
Bill 2
COURTS OF JUSTICE
1989
Directions
Status of
orden
(5) A judge making an order under subsection (3) or (4)
may give such directions for the transfer as are considered
just. 1984,c. ll,s. 44(5).
60. An order of a judge presiding over the Unified Family
Court made in the exercise of his or her jurisdiction as a judge
of the Ontario Court (General Division) is an order of the
General Division for all purposes. 1984, c. 11, s. 45,
amended.
Appeals 51, — (1) Subject to subsection (2), a provision for an
appeal from an order made under the statutory provisions set
out in the Schedule to this Part applies to an order when
made in the exercise of the jurisdiction by a judge presiding
over the Unified Family Court.
Idem
(2) Where an order made by the Unified Family Court
under a statutory provision set out in the Schedule to this Part
is within the jurisdiction of the Ontario Court (General
Division) outside The Regional Municipality of Hamilton-
Wentworth, the order shall, for the purposes of an appeal, be
deemed to have been made by a judge of the General
Division. 1984, c. 11, s. 46 (1, 2), amended.
Idem
(3) Where no provision is made for an appeal from an
order of a judge presiding over the Unified Family Court, an
appeal lies.
(a) to the Court of Appeal from a final order, except
an order referred to in clause (b);
(b) to the Divisional Court from a final order,
(i) for a single payment of not more than
$25,000, exclusive of costs,
(ii) for periodic payments that amount to not
more than $25,000, exclusive of costs, in the
twelve months commencing on the date the
first payment is due under the order,
(iii) dismissing a claim for an amount that is not
more than the amount set out in subclause (i)
or (ii), or
(iv) dismissing a claim for an amount that is more
than the amount set out in subclause (i) or (ii)
and in respect of which the judge indicates
that if the claim had been allowed the amount
1989 COURTS OF JUSTICE Bill 2 25
awarded would have been not more than the
amount set out in subclause (i) or (ii); or
(c) to the Divisional Court from an interlocutory order,
with leave as provided in the rules of court. 1984,
c. 11, s. 46 (4), amended.
62. — (1) A judge presiding over the Unified Family Court ^"'™"^!
has all the powers of a judge sitting in the Ontario Court ^""^ "^ '""
(Provincial Division) for the purposes of proceedings under
the Criminal Code (Canada). R |C^ i985,
(2) The Unified Family Court shall be deemed to be and Wem
shall sit as the Provincial Division for the purpose of prosecu-
tions under the Family Law Act, 1986, the Children's Law i986, c. 4
Reform Act, the Minors' Protection Act and Part III (Child ^^-^^ l^f^^
Protection) and Part VII (Adoption) of the Child and Family 1984 ^ 55
Services Act, 1984.
(3) The Unified Family Court is a youth court for the pur- 'dem
pose of the Young Offenders Act (Canada). 1984, c. 11, RS.c. i985,
s. 47, amended.
63. A conciliation service may be established, maintained Conciliation
service
and operated as part of the Unified Family Court. 1984,
c. ll,s. 49.
64. — (1) The Lieutenant Governor in Council may make '^"'^s
rules for the Unified Family Court in relation to the practice
and procedure of the court and may make rules for the court,
even though they alter or conform to the substantive law, in
relation to,
(a) conduct of proceedings in the court;
(b) joinder of claims and parties, and representation of
parties;
(c) commencement of proceedings and service of
process in or outside Ontario;
(d) discovery and other forms of disclosure before hear-
ing, including their scope and their admissibility and
use in a proceeding;
(e) examination of witnesses in or out of court;
(f) duties of clerks and other officers;
26
Bill 2
COURTS OF JUSTICE
1989
Idem
Idem
(g) references of proceedings or issues in a proceeding
and the powers of a person conducting a reference;
(h) costs of proceedings;
(i) enforcement of orders and process;
(j) payment into and out of court;
(k) any matter that is referred to in an Act as provided
for by rules of court.
(2) Nothing in subsection (1) authorizes the making of rules
that conflict with an Act, but rules may be made under sub-
section (1) supplementing the provisions of an Act in respect
of practice and procedure.
(3) The rules of court made under Part V do not apply to
proceedings in the Unified Family Court. 1984, c. 11, s. 51,
amended.
SCHEDULE
Jurisdiction under the following statutory provisions:
Statutes
Provisions
1.
Annulment of Marriages Act
(Ontario) (Canada)
All
2.
Change of Name Act, 1986
All
3.
. Child and Family Services Act, 1984
Parts III, VI and
VII
4.
Children's Law Reform Act
All, except sections
60 and 61
5.
Divorce Act, 1985 (Canada)
All
6.
Education Act
Sections 29 and 30
7.
Family Law Act, 1986
All, except Part V
8.
Marriage Act
Sections 6 and 9
9.
Minors' Protection Act
Section 2
10.
Reciprocal Enforcement of
Maintenance Orders Act, 1982
All
11.
Support and Custody Orders
Enforcement Act, 1985
All
12.
Young Offenders Act (Canada)
All
1989 COURTS OF JUSTICE Bill 2 27
PART IV
RULES OF COURT
65. — (1) The Civil Rules Committee is established and civii Rules
shall be composed of, ommittee
(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Judge of the Ontario
Court and the Chief Judge of the Ontario Court
(Provincial Division);
(b) one judge of the Court of Appeal, who shall be
appointed by the Chief Justice of Ontario;
(c) nine judges of the Ontario Court (General Divi-
sion), who shall be appointed by the Chief Judge of
the Ontario Court;
(d) the Attorney General or a person designated by the
Attorney General;
(e) one law officer of the Crown, who shall be
appointed by the Attorney General;
(f) two persons employed in the administration of the
courts, who shall be appointed by the Attorney
General;
(g) four barristers and solicitors, who shall be
appointed by the Benchers of The Law Society of
Upper Canada in convocation;
(h) one barrister and solicitor, who shall be appointed
by the Chief Justice of Ontario; and
(i) four barristers and solicitors, who shall be
appointed by the Chief Judge of the Ontario Court.
(2) The Chief Justice of Ontario shall preside over the Civil '<^em
Rules Committee but, if the Chief Justice of Ontario is absent
or so requests, another member designated by the Chief
Justice of Ontario shall preside.
(3) Each of the members of the Civil Rules Committee Tenure of
appointed under clauses (1) (b), (c), (e), (f), (g), (h) and (i)
shall hold office for a period of three years and is eligible for
reappointment.
office
28 Bill 2 COURTS OF JUSTICE 1989
Vacancies (4) Where a vacancy occurs among the members appointed
under clause (1) (b), (c), (e), (f), (g), (h) or (i), a new mem-
ber similarly qualified may be appointed for the remainder of
the unexpired term.
Quorum (5) A majority of the members of the Civil Rules Commit-
tee constitutes a quorum. 1984, c. 11, s. 89, amended.
Civil Rules 55. — (1) Subject to the approval of the Lieutenant Gover-
nor in Council, the Civil Rules Committee may make rules for
the Court of Appeal and the Ontario Court (General Divi-
sion) in relation to the practice and procedure of those courts
in all civil proceedings, including family law proceedings.
Idem (2) The Civil Rules Committee may make rules for the
courts described in subsection (1), even though they alter or
conform to the substantive law, in relation to,
(a) conduct of proceedings in the courts;
(b) joinder of claims and parties, settlement of claims
by or against persons under disability, whether or
not a proceeding has been commenced in respect of
the claim, the binding effect of orders and repre-
sentation of parties;
(c) commencement of proceedings, representation of
parties by solicitors and service of process in or out-
side Ontario;
(d) disposition of proceedings without a hearing and its
effect and authorizing the Court of Appeal to deter-
mine in the first instance a special case arising in a
proceeding commenced in the Ontario Court
(General Division);
(e) pleadings;
(f) discovery and other forms of disclosure before hear-
ing, including their scope and the admissibility and
use of that discovery and disclosure in a proceeding;
(g) examination of witnesses in or out of court;
(h) jurisdiction of masters, including the conferral on
masters of any jurisdiction of the Ontario Court
(General Division), including jurisdiction under an
Act, but not including the trial of actions or juris-
diction conferred by an Act on a judge;
1989 COURTS OF JUSTICE Bill 2 29
(i) jurisdiction and duties of officers;
(j) motions and applications, including the hearing of
motions in the absence of the public and prohibiting
a party from making motions without leave;
(k) preservation of rights of parties pending the out-
come of litigation, including sale, recovery of pos-
session or preservation of property;
(1) interpleader;
(m) preparation for trial and offers to settle and their
legal consequences;
(n) the mode and conduct of trials;
(o) the appointment by the court of independent
experts, their remuneration and the admissibility
and use of their reports;
(p) the discount rate to be used in determining the
amount of an award in respect of future pecuniary
damages;
(q) references of proceedings or issues in a proceeding
and the powers of a person conducting a reference;
(r) costs of proceedings, including security for costs and
a solicitor's liability for or disentitlement to costs;
(s) enforcement of orders and process or obligations
under the rules;
(t) the time for and procedure on appeals and stays
pending appeal;
(u) payment into and out of court;
(v) any matter that is referred to in an Act as provided
for by rules of court.
(3) Nothing in subsection (1) or (2) authorizes the making J<^«'"
of rules that conflict with an Act, but rules may be made
under subsections (1) and (2) supplementing the provisions of
an Act in respect of practice and procedure. 1984, c. 11,
s. 90, amended.
67. — (1) The Family Rules Committee is established and ^^^-^^^^^
shall be composed of.
30 Bill 2 COURTS OF JUSTICE 1989
(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Judge of the Ontario
Court and the Chief Judge of the Ontario Court
(Provincial Division);
(b) the senior judge for the Unified Family Court;
(c) one judge of the Court of Appeal, who shall be
appointed by the Chief Justice of Ontario;
(d) three judges of the Ontario Court (General Divi-
sion), who shall be appointed by the Chief Judge of
the Ontario Court;
(e) four judges of the Ontario Court (Provincial Divi-
sion), who shall be appointed by the Chief Judge of
the Ontario Court (Provincial Division);
(f) the Attorney General or a person designated by the
Attorney General;
(g) one law officer of the Crown, who shall be
appointed by the Attorney General;
(h) two persons employed in the administration of the
courts, who shall be appointed by the Attorney
General;
(i) four barristers and solicitors, who shall be
appointed by the Benchers of The Law Society of
Upper Canada in convocation;
(j) two barristers and solicitors, who shall be appointed
by the Chief Judge of the Ontario Court; and
(k) two barristers and solicitors, who shall be appointed
by the Chief Judge of the Ontario Court (Provincial
Division).
^*'*™ (2) The Chief Justice of Ontario shall preside over the
Family Rules Committee but, if the Chief Justice of Ontario is
absent or so requests, another member designated by the
Chief Justice shall preside.
1'^'' °^ (3) Each of the members of the Family Rules Committee
appointed under clauses (1) (c), (d), (e), (g), (h), (i), (j) and
(k) shall hold office for a period of three years and is eligible
for reappointment.
1989 COURTS OF JUSTICE Bill 2 31
(4) Where a vacancy occurs among the members appointed Vacancies
under clause (1) (c), (d), (e), (g), (h), (i), (j) or (k), a new
member similarly qualified may be appointed for the remain-
der of the unexpired term.
(5) A majority of the members of the Family Rules Quorum
Committee constitutes a quorum. New.
68. — (1) Subject to the approval of the Lieutenant Gover- Family Rules
nor in Council, the Family Rules Committee may make rules
for the Court of Appeal, the Ontario Court (General Divi-
sion) and the Ontario Court (Provincial Division) in relation
to the practice and procedure of those courts in proceedings
under statutory provisions set out in the Schedule to Part III
(Unified Family Court), except proceedings under the Young RS.c. 1985,
Offenders Act (Canada).
c. Y-l
(2) Subsections 66 (2) and (3) apply with necessary modifi- '^em
cations to the Family Rules Committee making rules for the
courts described in subsection (1).
(3) The rules made by the Family Rules Committee may May modify
adopt, modify or exclude the rules made by the Civil Rules '^'^' ^^^
Committee.
(4) Subject to the approval of the Lieutenant Governor in Rules for
Council, the Family Rules Committee may prepare rules for offenders Act
the purpose of section 68 of the Young Offenders Act
(Canada) for consideration by the Ontario Court (Provincial
Division). New.
69. — (1) The Criminal Rules Committee is established and criminal
shall be composed of, committee
(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Judge of the Ontario
Court and the Chief Judge of the Ontario Court
(Provincial Division);
(b) one judge of the Court of Appeal, who shall be
appointed by the Chief Justice of Ontario;
(c) three judges of the Ontario Court (General Divi-
sion), who shall be appointed by the Chief Judge of
the Ontario Court;
(d) four judges of the Ontario Court (Provincial
Division), who shall be appointed by the Chief
Judge of the Ontario Court (Provincial Division);
32
Bill 2
COURTS OF JUSTICE
1989
(e) one justice of the peace, who shall be appointed by
the Chief Judge of the Ontario Court (Provincial
Division);
(f) the Attorney General or a person designated by the
Attorney General;
(g) one law officer of the Crown, who shall be
appointed by the Attorney General;
(h) three Crown attorneys, deputy Crown attorneys or
assistant Crown attorneys, who shall be appointed
by the Attorney General;
(i) two persons employed in the administration of the
courts, who shall be appointed by the Attorney
General;
Idem
Tenure of
office
Vacancies
Quorum
(j) two barristers and solicitors, who shall be appointed
by the Benchers of The Law Society of Upper
Canada in convocation;
(k) one barrister and solicitor, who shall be appointed
by the Chief Justice of Ontario;
(1) one barrister and solicitor, who shall be appointed
by the Chief Judge of the Ontario Court; and
(m) one barrister and solicitor, who shall be appointed
by the Chief Judge of the Ontario Court (Provincial
Division).
(2) The Chief Justice of Ontario shall preside over the
Criminal Rules Committee but, if the Chief Justice of Ontario
is absent or so requests, another member designated by the
Chief Justice of Ontario shall preside.
(3) Each of the members of the Criminal Rules Committee
appointed under clauses (1) (b), (c), (d), (e), (g), (h), (i), (j),
(k), (1) and (m) shall hold office for a period of three years
and is eligible for reappointment.
(4) Where a vacancy occurs among the members appointed
under clause (1) (b), (c), (d), (e), (g), (h), (i), (j), (k), (1) or
(m), a new member similarly qualified may be appointed for
the remainder of the unexpired term.
(5) A majority of the members of the Criminal Rules
Committee constitutes a quorum. New.
1989 COURTS OF JUSTICE Bill 2 33
70. — (1) Subject to the approval of the Lieutenant Cover- ^J™"^'
nor in Council, the Criminal Rules Committee may prepare
rules for the purposes of section 482 of the Criminal Code RS;C. i985,
(Canada) for consideration by the Court of Appeal, the
Ontario Court (General Division) and the Ontario Court
(Provincial Division).
(2) Subject to the approval of the Lieutenant Governor in Provincial
i^ IT oricnccs rules
Council, the Criminal Rules Committee may make rules for
the Court of Appeal, the Ontario Court (General Division)
and the Ontario Court (Provincial Division) in relation to the
practice and procedure of those courts in proceedings under
the Provincial Offences Act. New. RS.o. 1980,
•'•' c. 400
(3) The Criminal Rules Committee may make rules under ^^^^
subsection (2),
(a) regulating any matters relating to the practice and
procedure of proceedings under the Provincial
Offences Act;
(b) prescribing forms;
(c) regulating the duties of the employees of the courts;
(d) prescribing and regulating the procedures under any
Act that confers jurisdiction under the Provincial
Offences Act on the Ontario Court (Provincial
Division) or a judge or justice of the peace sitting in
it;
(e) prescribing any matter relating to proceedings under
the Provincial Offences Act that is referred to in an
Act as provided for by the rules of court. 1984,
c. 11, s. 73 (3), amended.
3. Sections 92 and 93 of the said Act are repealed and the
following substituted therefor:
92. — (1) There shall be a committee, known as the g"^^"°
Ontario Courts Management Committee, composed of. Management
Committee
(a) the Chief Justice of Ontario;
(b) the Associate Chief Justice of Ontario;
(c) the Chief Judge of the Ontario Court;
(d) the Chief Judge of the Ontario Court (Provincial
Division);
34
Bill 2
COURTS OF JUSTICE
1989
Who to
preside
(e) the Attorney General;
(f) the Deputy Attorney General; and
(g) such other persons as are appointed by the Attor-
ney General after consultation with the persons
mentioned in clauses (a) to (d).
(2) The Chief Justice of Ontario, the Chief Judge of the
Ontario Court and the Attorney General or his or her desig-
nate shall, by rotation, preside over meetings of the Commit-
tee.
Function of
Committee
(3) The function of the Committee is to consider and
recommend policies and procedures to promote the better
administration of justice and the effective use of resources,
including judicial and other personnel, in the public interest.
New.
Regions for
judicial
purposes
Regulations
Regional
courts
management
committees
Who to
preside
92a. — (1) For judicial purposes, Ontario is divided into
the regions prescribed under subsection (2).
(2) The Lieutenant Governor in Council may make regu-
lations prescribing regions for the purpose of this Act. New.
92b. — (1) There shall be a committee in each region,
known as the Regional Courts Management Committee, com-
posed of,
(a) the regional senior judge of the Ontario Court
(General Division);
(b) the regional senior judge of the Ontario Court
(Provincial Division);
(c) the regional director of courts administration for the
Ministry of the Attorney General;
(d) the regional director of Crown attorneys;
(e) a barrister and solicitor who practises law in the
region, to be appointed by the Attorney General;
and
(f) such other persons as are appointed by the Attor-
ney General after consultation with the persons
mentioned in clauses (a) and (b).
(2) The persons mentioned in clauses (1) (a) to (d) shall, by
rotation, preside over meetings of the Committee.
1989 COURTS OF JUSTICE Bill 2 35
(3) The function of the Committee is to consider and Function of
recommend policies and procedures for the region to promote '"'"'
the better administration of justice and the effective use of
resources, including judicial and other personnel, in the public
interest.
(4) The Committee shall meet at least four times each year, ^^^^^^j^^ °^
New.
meetings
93. The powers and duties of a judge who has authority to Powers of
supervise and direct the sittings and the assignment of the regional
judicial duties of his or her court include the following: senior judge
1. Assigning cases to individual judges.
2. Determining the sitting schedules for individual
judges.
3. Determining the places of sittings for individual
judges.
4. Determining the total annual, monthly and weekly
workload of individual judges.
5. Preparing trial lists and assigning courtrooms, to the
extent necessary to control the determination of
who is assigned to hear particular cases. 1984,
c. 11, s. 93, amended.
4. Section 94 of the said Act is amended by adding thereto
the following subsections:
(2) A power or duty given to a registrar, sheriff, court Exercise of
clerk, assessment officer or official examiner under an Act, rejslrar?
regulation or rule of court may be exercised or performed by sheriff, etc.
a person or class of persons to whom the power or duty has
been assigned by the Deputy Attorney General or a person
designated by the Deputy Attorney General.
(3) Subsection (2) applies in respect of an Act, regulation ^<*e™
or rule of court made under the authority of the Legislature or
of the Parliament of Canada.
5. The said Act is amended by adding thereto the following
section:
95a. Documents and other material that are no longer Destruction
required in a court office shall be disposed of in accordance ° o^umens
with the directions of the Deputy Attorney General, subject
to the approval of.
36
Bill 2
COURTS OF JUSTICE
1989
(a) in the Court of Appeal, the Chief Justice of
Ontario;
(b) in the Ontario Court of Justice, the Chief Judge of
the Ontario Court of Justice;
(c) in the Unified Family Court, the Senior Judge for
the Unified Family Court. 1984, c. 11, s. 101 (4),
amended.
6. Section 98 of the said Act is repealed and the following
substituted therefor:
Liability of
judges
98. Every judge of a court in Ontario and every master
has the same immunity from liability as a judge of the Ontario
Court (General Division).
7. Section 99 of the said Act is repealed and the following
substituted therefor:
Compen-
sation for
statutory
duties
99, Every judge who was a judge of the Supreme Court or
of the District Court before this section comes into force shall
be paid out of the Consolidated Revenue Fund the annual
sum of $3,000, payable quarterly, as compensation for the ser-
vices the judge is called on to render by any Act of the
Legislature in addition to his or her ordinary duties.
8. Subsection 100 (1) of the said Act is amended by striking
out "Supreme Court or the District Court" in the first and
second lines and inserting in lieu thereof "Court of Appeal or
the Ontario Court (General Division)".
9. The said Act is further amended by adding thereto the
following sections:
Judges'
gowns
100a. The Lieutenant Governor in Council may make
regulations respecting the form of the gown to be worn in
court by all judges appointed after this section comes into
force.
JJoj^i"«iges 100b.— (1) Every judge of the Ontario Court of Justice
addressed and the Unified FamUy Court may be addressed as "Your
Honour" or as "Judge {naming the judge)".
Idem
(2) A judge appointed to the High Court of Justice before
this section comes into force may elect to be addressed
according to the practice in existence before this section
comes into force.
1989
COURTS OF JUSTICE
Bill 2
37
10. Section 101 of the said Act is repealed and the following
substituted therefor:
101. — (1) Every person who was a master of the Supreme Masters
Court before this section comes into force is a master of the
Ontario Court (General Division). New.
(2) Every master has the jurisdiction conferred by the rules Jurisdiction
of court in proceedings in the General Division. 1984, c. 11,
s. 20 (3).
(3) Sections 42 to 49 apply with necessary modifications to Application
masters in the same manner as to provincial judges. 1984, ss. 42-49
c. 11, s. 20 (11), amended.
101a. — (1) Money paid into the Ontario Court (General Money
Division) shall be paid to the Accountant of the Ontario Arcountant
Court and such money and securities in which the money is
invested are vested in the Accountant.
(2) Mortgages and other securities taken under an order of Security held
the Ontario Court (General Division) and instruments taken Accountant
as security in respect of a proceeding in the Ontario Court
(General Division) shall be taken in the name of the Accoun-
tant and shall be deposited in his or her office, except where
an order provides otherwise.
(3) The Accountant has no duty or obligation in respect of Wem
the instruments deposited under subsection (2) except as cus-
todian of the instruments, unless an order of the court pro-
vides otherwise.
(4) The Provincial Auditor shall examine' and report on the Audit by
accounts and financial transactions of the Accountant. 1984, Auditor
c. 11, s. 22, amended.
101b. — (1) The finance committee is continued and shall Finance
be composed of three persons appointed by the Lieutenant "'™™ ^
Governor in Council.
(2) The finance committee has control and management of Management
the money in the Ontario Court (General Division), the hmds"
investment of the money and the securities in which it is
invested.
(3) Money that is available for investment shall be invested investment of
in investments in which the Treasurer of Ontario may invest "'"
public money under section 3 of the Financial Administration R so. i980,
Act. ^ '''
38
Bill 2
COURTS OF JUSTICE
1989
Employment
of trust
company
(4) The finance committee may employ a trust company to
make the investments or act as custodian of the securities pur-
chased as investments.
Interest
(5) The finance committee may provide for the payment of
interest on money paid into the General Division and may fix
the rate of interest so paid.
Reserve
funds
(6) The finance committee may establish such reserve funds
as it considers necessary. 1984, c. 11, s. 23, amended.
11. Subsection 102 (3) of the said Act is amended by
striking out ** Rules of Civil Procedure" in the third line and
inserting in lieu thereof "rules of court".
12. Section 103 of the said Act is repealed and the following
substituted therefor:
Assessment
officers
103. — (1) The Lieutenant Governor in Council, on the
recommendation of the Attorney General, may appoint
assessment officers.
Idem
(2) Every master is an assessment officer.
Jurisdiction
(3) Every assessment officer has jurisdiction to assess costs
in a proceeding in any court.
Appeal from
assessment of
costs before
tribunal
(4) Where costs of a proceeding before a tribunal other
than a court are to be assessed by an assessment officer,
(a) the rules of court governing the procedure on an
assessment of costs apply with necessary modifica-
tions; and
(b) an appeal lies to the Ontario Court (General
Division) from a certificate of assessment of the
costs if an objection was served in respect of the
issue appealed in accordance with the rules of court.
13. — (1) Subsection 104 (1) of the said Act is repealed.
(2) Subsection 104 (2) of the said Act is amended by striking
out **additional" in the second line.
14. — (1) Subsection 108 (2) of the said Act is amended by
striking out "and" where it occurs the second time in the third
line and by inserting after "hearing)" in the fourth line "and
153a (where procedures not provided)".
1989 COURTS OF JUSTICE Bill 2 39
(2) Subsection 108 (3) of the said Act is amended by striking
out **and" in the second line, by inserting after "hearings)" in
the third line "and 153a (where procedures not provided)" and
by striking out "Offences Court" in the sixth and seventh lines
and inserting in lieu thereof "Division".
15. Subsection 109 (3) of the said Act is repealed and the
following substituted therefor:
(3) Only the Court of Appeal, the Unified Family Court Jurisdiction
and the Ontario Court (General Division), excluding the rdie^f^""^
Small Claims Ck)urt, may grant equitable relief, unless other-
wise provided.
16. Section 110 of the said Act is amended by striking out
"Supreme Court, the District Court and the Unified Family
Court" in the first and second lines and inserting in lieu
thereof "Court of Appeal, the Unified Family Court and the
Ontario Court (General Division), excluding the Small Claims
Court".
17. Subsection 114 (1) of the said Act is amended by
striking out "Supreme Court, the District Court or the Unified
Family Court" in the first and second lines and inserting in
lieu thereof "Unified Family Court or the Ontario Court
(General Division), excluding the Small Claims Court".
18. — (1) Subsection 118 (1) is repealed and the following
substituted therefor:
(1) In this section, "health practitioner" means a person "health
licensed to practise medicine or dentistry in Ontario or any dSned'"*'^
other jurisdiction, a psychologist registered under the Psychol- r.s.o. 1980,
agists Registration Act or a person certified or registered as a '^ '*^
psychologist by another jurisdiction.
(2) Subsection 118 (2) of the said Act is amended by striking
out "medical" in the fourth line and inserting in lieu thereof
"health".
(3) Subsection 118 (5) of the said Act is amended by striking
out "medical" in the second line and inserting in lieu thereof
"health".
19. Subsections 120 (2) and (3) of the said Act are repealed
and the following substituted therefor:
(2) A proceeding in the Small Claims Court shall not be Transfer
transferred under clause (1) (d) to the Ontario Court (General Sms alurt
40 Bill 2 COURTS OF JUSTICE 1989
Division) without the consent of the plaintiff in the proceeding
in the Small Claims Court.
Idem (2a) A proceeding in the Small Claims Court shall not be
required under subclause (1) (e) (ii) to be asserted by way of
counterclaim in a proceeding in the Ontario Court (General
Division) without the consent of the plaintiff in the proceeding
in the Small Claims Court.
Motions (3) The motion shall be made to a judge of the Ontario
Court (General Division).
20. — (1) Subsection 121 (1) of the said Act is amended by
striking out "a Supreme Court or District Court" in the first
line and inserting in lieu thereof "an Ontario Court (General
Division)".
(2) Subsection 121 (2) of the said Act is amended by striking
out "Actions in which a claim is made for any of the following
kinds of relief shall be heard without a jury:" in the first and
second lines and inserting in lieu thereof "The issues of fact
and the assessment of damages in an action shall be tried with-
out a jury in respect of a claim for any of the foUowii^ kinds of
relief:".
(3) Paragraph 3 of the said subsection 121 (2) is amended by
striking out ^^ Family Law Reform Acf^ in the first and second
lines and inserting in lieu thereof **Family Law Act, 1986^\
21. Subsection 122 (2) of the said Act is amended by
striking out "Rules of Civil Procedure" in the second line and
inserting in lieu thereof "rules of court".
22. Subsection 124 (2) of the said Act is repealed and the
following substituted therefor:
Idem (2) Mutual debts may be set off against each other even if
they are of a different nature.
23. Clause 129 (b) of the said Act is amended by striking
out ^'Family Law Reform Aci*^ in the first line and inserting in
lieu thereof ''Family Law Act, 1986'\
24.— (1) Clause 133 (1) (a) of the said Act is amended by
striking out "the" in the first line and inserting in lieu thereof
"a".
(2) Clause 133 (1) (b) of the said Act is amended by striking
out "local judge or".
1989 COURTS OF JUSTICE Bill 2 41
25. — (1) Subsection 136 (6) of the said Act is amended by
striking out "Provincial Court (Family Division) or the Provin-
cial Court (Civil Division)'' in the second and third lines and
inserting in lieu thereof "Ontario Court (Provincial Division)
or the Small Claims Court".
(2) Subsection 136 (7) of the said Act is amended by striking
out "in the Provincial Offences Court where it is'* in the
second and third lines and inserting in lieu thereof "under the
Provincial Offences Act in".
26. Subsection 137 (2) of the said Act is amended by
striking out "the Registrar of the Supreme Court" in the first
and second lines and inserting in lieu thereof "a person desig-
nated by the Deputy Attorney General".
27. — (1) Subsection 150 (1) of the said Act is amended by
striking out "Supreme Court" in the first line and in the last
line and inserting in lieu thereof in each instance "Ontario
Court (General Division)".
(2) Subsection 150 (3) of the said Act is amended by striking
out "Supreme Court" in the fourth line and inserting in lieu
thereof "Ontario Court (General Division)".
28. The said Act is further amended by adding thereto the
following sections:
150a.— (1) Unless an Act provides otherwise, orders of a Jmi orders
court arising out of a civil proceeding and enforceable in shcrife
Ontario shall be directed to the sheriff for enforcement.
(2) A sheriff who believes that the execution of an order Police to
may give rise to a breach of the peace may require a police ^'^
officer to accompany the sheriff and assist in the execution of
the order.
153a. Jurisdiction conferred on a court, a judge or a jus- ^^'^
tice of the peace shall, in the absence of express provision for not prov^ed
procedures for its exercise in any Act, regulation or rule, be
exercised in any manner consistent with the due administra-
tion of justice. 1984, c. 11, s. 62, amended.
29. Sections 157 and 158 of the said Act are repealed and
the following substituted therefor:
42
Bill 2
COURTS OF JUSTICE
1989
Continuation 157. A proceeding pending in a court set out in column 1
pEoceedings of the Table when this section comes into force is continued in
in former the court sct out oppositc to it in column 2.
courts
TABLE
Column 1
1. High Court of Justice
2. District Court
3. surrogate court
4. Provincial Court
(Criminal Division)
5. Provincial Court
(Family Division)
6. Provincial Offences Court
7. Provincial Court
(Civil Division)
Column 2
Ontario Court
(General Division)
Ontario Court
(General Division)
Ontario Court
(General Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Small Claims Court
Former Chief
Judge, etc.
Former
Senior
Nfaster
158. — (1) A provincial judge who was a Chief Judge,
Associate Chief Judge or senior judge of the Provincial Court
(Criminal Division), the Provincial Court (Family Division) or
the Provincial Court (Civil Division) immediately before this
section comes into force shall continue to hold the office of
provincial judge, is entitled to retain the title of Chief Judge,
Associate Chief Judge or senior judge, as the case may be,
and is entitled to an annual salary equal to the greater of,
(a) the current annual salary of a provincial judge; or
(b) the annual salary the judge received immediately
before this section comes into force.
(2) A master who was the Senior Master immediately
before this section comes into force shall continue to hold the
office of master, is entitled to retain the title of Senior Master
and is entitled to an annual salary equal to the greater of,
(a) the current annual salary of a master; or
(b) the annual salary the master received immediately
before this section comes into force.
Documents
filed
158a. A document filed in court that refers to a court set
out in column 1 of the Table to section 160 is not by that rea-
son mvalid and shall be deemed to refer to the court set out
opposite to it in column 2.
I
1989
COURTS OF JUSTICE
Bill 2
43
30. Section 159 of the said Act is repealed and the follow-
ing substituted therefor:
159. Where, by an Act or regulation, jurisdiction is con-
ferred on a particular court set out in column 1 of the Table,
the jurisdiction shall be deemed to be conferred on the corre-
sponding court set out in column 2 sitting in the county or dis-
trict of the court named.
Reference to
territorial
jurisdiction
TABLE
Column 1
Column 2
1.
county or district court
(General Division)
Ontario Court
2.
surrogate court
(General Division)
Ontario Court
3.
provincial court
(family division)
Ontario Court
(Provincial Division)
4.
provincial offences court
(Provincial Division)
Ontario Court
5.
small claims court
Small Claims Court
31. Section 160 of the said Act is repealed and the following
substituted therefor:
160. A reference in an Act, rule or regulation to a court References to
set out in column 1 of the Table is deemed to be a reference "*"
to the court set out opposite to it in column 2.
TABLE
Column 1
Column 2
1.
Supreme Court
Ontario Court
(General Division)
2.
High Court of Justice
Ontario Court
(General Division)
3.
county or district court
Ontario Court
(General Division)
4.
District Court
Ontario Court
(General Division)
5.
surrogate court
Ontario Court
(General Division)
6.
small claims court
Small Claims Court
7.
Provincial Court
(Civil Division)
Small Claims Court
8.
provincial court
(criminal division)
Ontario Court
(Provincial Division)
9.
Provincial Court
(Criminal Division)
Ontario Court
(Provincial Division)
44
Bill 2
COURTS OF JUSTICE
1989
10. provincial court
(family division)
11. Provincial Court
(Family Division)
12. provincial offences court
13. Provincial Offences Court
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Changes in
terminology
160a. — (1) A reference in any Act, rule or regulation, or
order or other court process, to a term set out in column 1 of
the Table, or any form thereof, is deemed to refer to the cor-
responding term set out opposite thereto in column 2.
TABLE
Column 1
Column 2
1.
Accountant of the Supreme
Accountant of the Ontario
Court
Court
2.
administrator ad litem
litigation administrator
3.
certificate of lis pendens
certificate of pending
litigation
4.
conduct money
attendance money
5.
guardian ad litem
litigation guardian
6.
judicial district
county or district
7.
local judge of the High
judge of the Ontario
Court
Court (General Division)
8.
local judge of the Supreme
judge of the Ontario
Court
Court (General Division)
9.
next friend
litigation guardian
10.
originating motion
application
11.
originating notice
notice of application
12.
praecipe
requisition
13.
provisional judicial district
territorial district
14.
a registrar of a surrogate
the local registrar of the
court
Ontario Court
(General Division)
15.
Rules of Civil Procedure
rules of court
16.
Rules Committee
applicable rules committee
17.
Rules Committee of the
applicable rules
Supreme and District
committee
Courts
18.
Rules of Practice and
Procedure of the Supreme
Court of Ontario made by
the Rules Conmiittee
rules of court
19.
special examiner
official examiner
20.
Surrogate Clerk for
Estate Registrar for
Ontario
Ontario
1989
COURTS OF JUSTICE
Bill 2
45
21.
taxation of costs
22.
taxing officer
23.
writ of fieri facias
24.
writ of summons
assessment of costs
assessment officer
writ of seizure and sale
statement of claim or
notice of action
(2) A reference in any Act, rule or regulation to the surro- Wem,
^ ' . /• •• ^ j->.->.-j j^ surrogate
gate registrar for a particular county or distnct is deemed to registrar for
be a reference to the local registrar of the Ontario Court a county
(General Division) for that county or district.
(3) A reference in any Act, rule or regulation to the clerk ^j^™^„"Jj
of a county or district court of a particular county or district is ° * "'""
deemed to be a reference to the local registrar of the Ontario
Court (General Division) for that county or district.
(4) A reference in any Act, rule or regulation to an order, [J|J^;^°,'jf^Jg
direction or decision filed with the Registrar of the Supreme Registrar
Court is deemed to be a reference to an order, direction or
decision filed with the Ontario Court (General Division). -
160b. Where an Act, rule or regulation provides that a g^"U^"'^
document is to be filed with, certified to, forwarded to or appeal to
transmitted to the Supreme Court or the Registrar of the ^'jj^^"^'
Supreme Court for the purpose of an appeal to the Divisional
Court, that document shall be filed with, certified to, for-
warded to or transmitted to, as the case may be, the Divi-
sional Court.
160c. — (1) A reference in this Act or any other Act, rule ^y^^[?"'^/°
or regulation to a county or district for judicial purposes is judicial
deemed to be a reference to the corresponding area that, for purposes
municipal or territorial purposes, comprises the county, dis-
trict, union of counties or regional, district or metropolitan
municipality.
(2) For the purpose of subsection (1), every city, town and ^^P^J^g^ijigs
other municipality is united to and forms part of the county in ™"™*^*p^ ' '"
which it is situate.
(3) Subsection (1) is subject to the following:
1. A reference in an Act or regulation to a county or
district for judicial purposes is, in the case of The
Regional Municipality of Haldimand-Norfolk,
deemed to be a reference to the following areas:
i. All the area of the County of Haldimand as it
existed on the 31st day of March, 1974.
Exceptions
46 Bill 2 COURTS OF JUSTICE 1989
ii. All the area of the County of Norfolk as it
existed on the 31st day of March, 1974.
2. A reference in an Act or regulation to a county or
district for judicial purposes is, in the case of The
Regional Municipality of Niagara, deemed to be a
reference to the following areas:
i. All the area of the County of Lincoln as it
existed on the 31st day of December, 1969.
ii. All the area of the County of Welland as it
existed on the 31st day of December, 1969.
3. A reference in an Act or regulation to a county or
district for judicial purposes is, in the case of The
Regional Municipality of Sudbury and the Territo-
rial District of Sudbury, deemed to be a reference
to all the area in The Regional Municipality of
Sudbury and in the Territorial District of Sudbury.
4. A reference in an Act or regulation to a county or
district for judicial purposes is, in the case of an
area described below, deemed to be a reference to
all the area in the areas described below:
i. All the area in the County of Victoria.
ii. All the area in the County of Haliburton.
iii. All the area in any part of the townships of
Sherborne, McClintock, Livingstone, Law-
rence and Nightingale located in Algonquin
Park, so long as the part remains part of
Algonquin Park.
32. Section 212 of the said Act is repealed.
Conunence- 33^ jjiig \qi comcs into forcc OH a day to be named by
proclamation of the Lieutenant Governor.
Short title 34, The short title of this Act is the Courts of Justice
Amendment Act, 1989,
R^-
Bill 2 Government Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 2
An Act to amend the Courts of Justice Act, 1984
The Hon. I. Scott
Attorney General
1st Reading May 1st, 1989
2nd Reading June 14th, 1989
3rd Reading
Royal Assent
(Reprinted as amended by the Administration of Justice Committee)
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
The Bill substantially changes the structure of the Ontario courts.
The present structure of the courts is as follows:
1. The Supreme Court of Ontario has two branches, the Court of Appeal and the
High Court of Justice. The Supreme Court is a superior court with civil and
criminal jurisdiction whose judges are appointed by the federal government.
2. The District Court of Ontario has both civil and criminal jurisdiction but is not
a superior court. Its civil jurisdiction is limited by the Courts of Justice Act,
1984 to claims of less than $25,000 unless both parties agree to let it hear a
claim for a greater amount. Its judges are appointed by the federal govern-
ment.
3. The Divisional Court is a division of the High Court that hears specified
appeals assigned to it by statute and applications for judicial review of a deci-
sion of a board or agency. The judges of the High Court are the judges of the
Divisional Court.
4. There are four courts presided over by provincial judges, the Provincial Court
(Civil Division), the Provincial Court (Family Division), the Provincial Court
(Criminal Division) and the Provincial Offences Court. The Provincial Offences
Court is usually presided over by justices of the peace and the Provincial Court
(Civil Division) is often presided over by part-time deputy judges.
5. The Unified Family Court is a specialized court for family law proceedings in
The Regional Municipality of Hamilton-Wentworth. Its judges are appointed by
the federal government and are also given the power of provincial judges for
their work in the court.
The structure of the Ontario courts proposed by the Bill is as follows:
1. The Court of Appeal will be continued as the final court of appeal for the
Province and will be separated from the High Court.
2. There will be a new court, to be called the Ontario Court of Justice, composed
of two divisions, the General Division and the Provincial Division.
3. The Ontario Court (General Division) will combine the jurisdiction now exer-
cised by the High Court, the District Court and the surrogate courts. The exist-
ing judges of those courts will all become judges of the Ontario Court (General
Division). The General Division will be a superior court.
4. The Divisional Court will be continued with no change in its jurisdiction as a
branch of the Ontario Court (General Division). All of the judges of the Gen-
eral Division will be judges of the Divisional Court.
5. The Small Claims Court will also be a branch of the Ontario Court (General
Division). The monetary limit of the Small Claims Court will be prescribed by
regulation. All of the judges of the General Division will be judges of the
Small Claims Court. In addition, provincial judges who were formerly in the
Provincial Court (Civil Division) will preside over matters in the Small Claims
Court and deputy judges will be appointed for three-year renewable terms to
preside over matters in the Small Claims Court that do not exceed a prescribed
amount.
6. The Ontario Court (Provincial Division) combines the jurisdiction now exer-
cised by the Provincial Court (Criminal Division), the Provincial Court (Family
Division) and the Provincial Offences Court. The existing judges of those
courts will all become judges of the Ontario Court (Provincial Division).
7. The Unified Family Court is established as a superior court but is otherwise
not changed.
A judge of the General Division will be appointed as Chief Judge of the Ontario
Court to manage judicial resources for the General Division of the Ontario Court of Jus-
tice. A provincial judge will be appointed as Chief Judge of the Ontario Court (Provin-
cial Division) to manage judicial resources for the Provincial Division.
The Province will be divided into regions for judicial purposes, with the number and
area of the regions to be prescribed by regulation. A judge of the General Division will
be appointed as regional senior judge of the General Division for each region to manage
judicial resources for the General Division in the region, subject to the authority of the
Chief Judge of the Ontario Court. A provincial judge will be appointed as regional
senior judge of the Provincial Division for each region to manage judicial resources for
the Provincial Division in the region, subject to the authority of the Chief Judge of the
Ontario Court (Provincial Division).
The Chief Judge of the Ontario Court (Provincial Division) and the regional senior
judges of the Provincial Division will be appointed to their administrative positions for
five-year terms, after which they will return to being provincial judges.
The Ontario Courts Advisory Council will be replaced by the Ontario Courts Man-
agement Committee. In addition, each region will have a Regional Courts Management
Committee consisting of the regional senior judges, the regional director of courts
administration, the regional director of Crown attorneys and representatives of the
regional bar and the public.
The Bill will also restructure rule-making for the courts. Part V of the existing Act
establishes the Rules Committee of the Supreme and District Courts and provides for the
making of rules of practice and procedure for civil proceedings in those courts. The Bill
will establish three separate rules committees, the Civil Rules Committee, the Family
Rules Committee and the Criminal Rules Committee, each to make rules in their respec-
tive areas.
Some of the other changes to the Act are as follows:
1. The number of judges of the Court of Appeal will be fixed by regulation rather
than by statute.
2. Every judge of the General Division must be assigned to a particular region
and there must be at least one judge of the General Division assigned to each
county or district.
3. The judges of the Ontario Court of Justice are required to meet at least once
each year and the judges of the Ontario Court in each region are required to
meet at least once in each year to consider the Act, the rules and the adminis-
tration of justice.
4. A limit on costs in the Small Claims Court is set at 15 per cent of the amount
claimed unless the court considers it necessary in the interests of justice to
penalize a person for unreasonable behaviour in the proceeding.
5. The Act now provides that the Province will pay $3,000 each year to federally
appointed judges. Although these payments will continue for judges appointed
before the Bill comes into force, no payments will be made to future appoint-
ees.
6. There is no provision for the appointment of new masters.
7. The Lieutenant Governor in Council will be permitted to prescribe the form of
the gown worn in court by all judges appointed after the Bill comes into force.
8. All Ontario Court and Unified Family Court judges may be addressed as
"Your Honour", subject to the right of former High Court judges to elect to
be addressed according to the old practice.
9. Errors in the Act are corrected with respect to jury trials (section 121) and set-
ting off mutual debts (section 124). The medical examination provision of the
Act (section 118) is amended to permit a court to order an examination by a
registered psychologist.
10. The salaries of former Chief Judges, Associate Chief Judges and senior judges
of the provincial courts and of the Senior Master are protected and they are
permitted to retain their titles.
11. The transitional provisions and complementary amendments in the Act are
amended to ensure the continuation of existing court proceedings in the new
courts and to deem references to courts in other statutes to be references to
the new courts.
The Bill is accompanied by the Court Reform Statute Law Amendment Act, 1989,
which repeals the Sheriffs Act and makes consequential amendments to 52 other statutes.
Bill 2 1989
An Act to amend the Courts of Justice Act, 1984
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Section 1 of the Courts of Justice Act, 1984, being chapter
11, is repealed and the following substituted therefor:
1. In this Act, Definitions
"action" means a civil proceeding that is not an application
and includes a proceeding commenced by,
(a) claim,
(b) statement of claim,
(c) notice of action,
(d) counterclaim,
(e) crossclaim,
(f) third or subsequent party claim, or
(g) divorce petition or counterpetition;
"application" means a civil proceeding that is commenced by
notice of application or by application;
"defendant" means a person against whom an action is com-
menced;
"hearing" includes a trial;
"motion" means a motion in a proceeding or an intended
proceeding;
"order" includes a judgment or decree;
Bill 2
COURTS OF JUSTICE
1989
"plaintiff' means a person who commences an action;
"region" means a region prescribed under section 92a.
1984, c. 11, s. 1, amended.
2. Parts I and II, Part III, as amended by the Statutes of
Ontario, 1984, chapter 55, section 213, 1984, chapter 64, sec-
tion 1, 1985, chapter 1, section 4, 1986, chapter 7, section 15
and 1987, chapter 1, sections 1, 2 and 3, Part IV, as amended
by the Statutes of Ontario, 1984, chapter 55, section 213, 1984,
chapter 64, sections 2, 3, 4 and 5 and 1987, chapter 1, sections
4, 5 and 6 and Part V, as amended by the Statutes of Ontario,
1984, chapter 64, sections 6 and 7, of the said Act are repealed
and the following substituted therefor:
PARTI
Court of Appeal for Ontario
Court of
Appeal
2. — (1) The branch of the Supreme Court of Ontario
named the Court of Appeal for Ontario is continued as a
superior court of record named the Court of Appeal for
Ontario.
Idem
(2) In exercising its jurisdiction, the Court of Appeal has all
the power and authority historically exercised by courts of
common law and equity in England and Ontario. 1984,
c. 11, s. 2, amended.
Composition
of court
3. — (1) The Court of Appeal shall consist of,
(a) the Chief Justice of Ontario, who shall be president
of the court;
Number of
judges
(b) the Associate Chief Justice of Ontario; and
(c) such number of other judges as is fixed under sub-
section (2), to be called justices of appeal. 1984,
c. 11, s. 3 (1), amended.
(2) The Lieutenant Governor in Council may by regulation
fix the number of judges of the Court of Appeal who are in
addition to the Chief Justice and the Associate Chief Justice.
Idem
Additional
judges
(3) A reduction in the number of judges does not affect
appointments existing at the time of the reduction. New.
(4) There shall be such additional offices of judge of the
Court of Appeal as are from time to time required, to be held
by Chief Justices of Ontario and Associate Chief Justices of
1989 COURTS OF JUSTICE Bill 2 3
Ontario who have elected under the Judges Act (Canada) to R s.c. i985,
perform only the duties of a judge of the Court of Appeal. ^' ^'^
1984, c. 11, s. 6 (1), amended.
(5) There shall be such additional offices of supernumerary Super-
judge of the Court of Appeal as are from time to time ""dger'^
required, to be held by judges of the Court of Appeal who
have elected under the Judges Act (Canada) to hold office
only as a supernumerary judge of the court. 1984, c. 11,
s. 6 (3), amended.
4. — (1) The Chief Justice of Ontario, with the concurrence Assignment
of the Chief Judge of the Ontario Court, may assign a judge from (General
of the Ontario Court (General Division) to perform the work Division
of a judge of the Court of Appeal. 1984, c. 11, s. 9 (2),
amended.
(2) A judge of the General Division is, by virtue of his or General
her office, a judge of the Court of Appeal and has all the judged"
jurisdiction, power and authority of a judge of the Court of
Appeal. 1984, c. 11, s. 8, amended.
5. — (1) The Chief Justice of Ontario has general super- Jokers and
vision and direction over the sittings of the Court of Appeal cweUustice
and the assignment of the judicial duties of the court. 1984,
c. 11, s. 18(5).
(2) If the Chief Justice of Ontario is absent from Ontario or ^J?^"^^ °/
is for any reason unable to act, his or her powers and duties
shall be exercised and performed by the Associate Chief
Justice of Ontario.
(3) If the Chief Justice of Ontario and the Associate Chief Absence of
Justice of Ontario are both absent from Ontario or for any cweUustice
reason unable to act, the powers and duties of the Chief
Justice shall be exercised and performed by a judge of the
Court of Appeal designated by the Chief Justice or Associate
Chief Justice. 1984, c. 11, s. 3 (2), amended.
6. — (1) An appeal lies to the Court of Appeal from, Court of
' "^ Appeal
jurisdiction
(a) an order of the Divisional Court, on a question that
is not a question of fact alone, with leave as pro-
vided in the rules of court;
(b) a final order of a judge of the Ontario Court
(General Division), except an order referred to in
clause 18 (1) (a);
4
Bill 2
COURTS OF JUSTICE
1989
(c) a certificate of assessment of costs issued in a pro-
ceeding in the Court of Appeal, on an issue in
respect of which an objection was served under the
rules of court. 1984, c. 11, s. 17 (1), amended.
Combining of (2) The Court of Appeal has jurisdiction to hear and deter-
ofh^r^'^uSr mine an appeal that lies to the Divisional Court or the
Ontario Court (General Division) if an appeal in the same
proceeding lies to and is taken to the Court of Appeal.
Idem
(3) The Court of Appeal may, on motion, transfer an
appeal that has already been commenced in the Divisional
Court or the Ontario Court (General Division) to the Court
of Appeal for the purpose of subsection (2). 1984, c. 11,
s. 17 (2), amended.
Composition 7. — (1) A proceeding in the Court of Appeal shall be
hearing ^°' heard and determined by not fewer than three judges sitting
together, and always by an uneven number of judges. 1984,
c. 11, s. 18 (1), amended.
Idem,
motions
Idem
Idem
Idem
(2) A motion in the Court of Appeal and an appeal under
clause 6 (1) (c) shall be heard and determined by one judge.
(3) Subsection (2) does not apply to a motion for leave to
appeal, a motion to quash an appeal or any other motion that
is specified by the rules of court.
(4) A judge assigned to hear and determine a motion may
adjourn the motion to a panel of the Court of Appeal.
(5) A panel of the Court of Appeal may, on motion, set
aside or vary the decision of a judge who hears and deter-
mines a motion. 1984, c. 11, s. 18 (3), amended.
References to 8.-^1) The Lieutenant Governor in Council may refer any
Appear question to the Court of Appeal for hearing and considera-
tion.
Opinion of
court
Submissions
by Attorney
General
(2) The court shall certify its opinion to the Lieutenant
Governor in Council, accompanied by a statement of the rea-
sons for it, and any judge who differs from the opinion may
certify his or her opinion and reasons in the same manner.
(3) On the hearing of the question, the Attorney General
of Ontario is entitled to make submissions to the court.
Idem
(4) The Attorney General of Canada shall be notified and
is entitled to make submissions to the court if the question
relates to the constitutional validity or constitutional applica-
1989 COURTS OF JUSTICE Bill 2 5
bility of an Act, or of a regulation or by-law made under an
Act, of the Parliament of Canada or the Legislature.
(5) The court may direct that any person interested, or any Notice
one or more persons as representatives of a class of persons
interested, be notified of the hearing and be entitled to make
submissions to the court.
(6) If an interest affected is not represented by counsel, the Appointment
Oi counsel
court may request counsel to argue on behalf of the interest
and the reasonable expenses of counsel shall be paid by the
Treasurer of Ontario.
(7) The opinion of the court shall be deemed to be a Appeal
judgment of the court and an appeal lies from it as from a
judgment in an action. 1984, c. 11, s. 19.
PART II
Ontario Court of Justice
9. — (1) The Ontario Court of Justice is established. Ontario
^ ' Court
(2) The Ontario Court shall consist of two divisions, the Divisions
General Division and the Provincial Division. New.
ONTARIO court (GENERAL DIVISION)
10. — (1) The branch of the Supreme Court of Ontario gfjj^[^^^
named the High Court of Justice for Ontario is continued as a
superior court of record named the Ontario Court (General
Division). -A^
(2) The General Division has all the jurisdiction, power I'^em
and authority historically exercised by courts of common law
and equity in England and Ontario. 1984, c. 11, s. 2 (1),
amended.
11. — (1) The General Division shall consist of, Composition
^ ' of General
(a) the Chief Judge of the Ontario Court, who shall be
president of the Ontario Court;
(b) a regional senior judge of the General Division for
each region;
(c) a senior judge of the General Division for the
Unified Family Court; and
Division
Bill 2
COURTS OF JUSTICE
1989
(d) such number of judges of the General Division as is
fixed under clause 52 (1) (a). 1984, c. 11, s. 4 (1),
amended.
Additional
judges
R.S.C. 1985,
c. J-1
(2) There shall be such additional offices of judge of the
General Division as are from time to time required, to be held
by Chief Judges of the Ontario Court and regional senior
judges of the General Division who have elected under the
Judges Act (Canada) to perform only the duties of a judge of
the Ontario Court. 1984, c. 11, s. 6 (1), amended.
Super-
numerary
judges
(3) There shall be such additional offices of supernumerary
judge of the General Division as are from time to time
required, to be held by judges of the General Division who
have elected under the Judges Act (Canada) to hold office
only as a supernumerary judge of that division. 1984, c. 11,
s. 6 (3), amended.
Assignment
of judges
from Court
of Appeal
12. — (1) The Chief Justice of Ontario, with the concur-
rence of the Chief Judge of the Ontario Court, may assign a
judge of the Court of Appeal to perform the work of a judge
of the General Division. 1984, c. 11, s. 9 (1), amended.
Court of
Appeal
judges
(2) A judge of the Court of Appeal is, by virtue of his or
her office, a judge of the General Division and has all the
jurisdiction, power and authority of a judge of the General
Division. 1984, c. 11, s. 8, amended.
Powers and
duties of
Chief Judge
of Ontario
Court
Regional
senior
judges,
General
Division
13.— (1) The Chief Judge of the Ontario Court shall direct
and supervise the sittings of the Ontario Court (General
Division) and the assignment of its judicial duties.
(2) A regional senior judge of the General Division shall,
subject to the authority of the Chief Judge of the Ontario
Court, exercise the powers and perform the duties of the
Chief Judge in respect of the General Division in his or her
region.
Delegation (3) A regional senior judge of the General Division may
delegate to a judge of the General Division in his or her
region the authority to exercise specified functions. New.
Absence of
Chief Judge
of Ontario
Court
(4) If the Chief Judge of the Ontario Court is absent from
Ontario or is for any reason unable to act, his or her powers
and duties shall be exercised and performed by a regional
senior judge of the General Division designated by the Chief
Judge of the Ontario Court. 1984, c. 11, s. 4 (3), amended.
Absence of
regional
senior judge
of General
Division
(5) The powers and duties of a regional senior judge of the
General Division who is absent from Ontario or is for any rea-
1989
COURTS OF JUSTICE
Bill 2
7
son unable to act shall be exercised and performed by a judge
of the General Division designated by the Chief Judge of the
Ontario Court.
(6) The Chief Judge of the Ontario Court may hold meet- M^J^j.'^s^^^^,
ings with the regional senior judges of the General Division in ^nio^fudges
order to consider any matters concerning sittings of the Gen-
eral Division and the assignment of its judicial duties. New.
14.— (1) The Chief Judge of the Ontario Court shall assign ^^ff^\^ ^^
regions
every judge of the General Division to a region.
(2) There shall be at least one judge of the General
Division assigned to each county and district.
At least one
judge in each
county
(3) No judge of the General Division who was a judge of "'8^ Cou"
the High Court of Justice or the District Court of Ontario court judges
before this section comes into force shall be assigned without
his or her consent to a region other than the region in which
he or she resided immediately before this section comes into
force.
(4) Subsections (1) to (3) do not prevent the temporary I'lem
assignment of a judge to a location anywhere in Ontario.
New.
15. A proceeding in the General Division shall be heard Composition
and determined by one judge of the General Division. 1984, hea'rings °^
c. 11, s. 14 (1), amended.
16. An appeal lies to the General Division from,
(a) an interlocutory order of a master;
Appeals to
General
Division
(b) a certificate of assessment of costs issued in a pro-
ceeding in the General Division, on an issue in
respect of which an objection was served under the
rules of court. 1984, c. 11, s. 13 (2), amended.
DIVISIONAL COURT
17. — (1) There shall be a branch of the General Division Divisional
Court
to be known as the Divisional Court consisting of the Chief
Judge of the Ontario Court who shall be president of the
court and such other judges of the General Division as the
Chief Judge designates from time to time.
(2) Every judge of the General Division is also a judge of Jurisdiction
the Divisional Court. 1984, c. 11, s. 5, amended. ° ^" ^^*
g Bill 2 COURTS OF JUSTICE 1989
Divisional IK. — (1) An appeal lies to the Divisional Court from,
Court ^ '
jurisdiction
(a) a final order of a judge of the General Division,
(i) for a single payment of not more than
$25,000, exclusive of costs,
(ii) for periodic payments that amount to not
more than $25,000, exclusive of costs, in the
twelve months commencing on the date the
first payment is due under the order,
(iii) dismissing a claim for an amount that is not
more than the amount set out in subclause (i)
or (ii), or
(iv) dismissing a claim for an amount that is more
than the amount set out in subclause (i) or (ii)
and in respect of which the judge indicates
that if the claim had been allowed the amount
awarded would have been not more than the
amount set out in subclause (i) or (ii);
(b) an interlocutory order of a judge of the General
Division, with leave as provided in the rules of
court;
(c) a final order of a master. 1984, c. 11, s. 15 (1),
amended.
Combining of (2) The Divisional Court has jurisdiction to hear and deter-
S?rV™'" mine an appeal that lies to the General Division if an appeal
Division jn the samc proceeding lies to and is taken to the Divisional
Court.
Idem (3) The Divisional Court may, on motion, transfer an
appeal that has already been commenced in the General
Division to the Divisional Court for the purpose of subsection
(2). 1984, c. 11, s. 15 (2), amended. ^
Appeal from (4) Nq appeal Hes from an interlocutory order of a judge of
orderr"^°'^ the General Division made on an appeal from an interlocutor)'
order of the Provincial Division. 1984, c. 11, s. 36 (4),
amended.
Appeals 19.— (1) An appeal to the Divisional Court shall be heard
regions" in the region in which the order appealed from was made,
unless the parties agree otherwise.
1989 COURTS OF JUSTICE Bill 2 9
(2) Any other proceeding in the Divisional Court may be other
, t ^ ■ • Tk.T proceedings
brought in any region. New. fn any region
20. — (1) A proceeding in the Divisional Court shall be Composition
heard and determined by three judges sitting together. hearings
(2) A proceeding in the Divisional Court may be heard and w^m
determined by one judge where the proceeding,
(a) is an appeal under clause 18 (1) (c);
(b) is an appeal under section 30 from a provincial
judge or a deputy judge presiding over the Small
Claims Court; or
(c) is in a matter that the Chief Judge of the Ontario
Court or a judge designated by the Chief Judge is
satisfied, from the nature of the issues involved and
the necessity for expedition, can and ought to be
heard and determined by one judge.
(3) A motion in the Divisional Court shall be heard and idern,
determined by one judge, unless otherwise provided by the ^°^°^^
rules of court.
(4) A judge assigned to hear and determine a motion may i^em
adjourn it to a panel of the Divisional Court.
(5) A panel of the Divisional Court may, on motion, set I'^em
aside or vary the decision of a judge who hears and deter-
mines a motion. 1984, c. 11, s. 16, amended.
SMALL CLAIMS COURT
21. — (1) There shall be a branch of the General Division Smaii Claims
to be known as the Small Claims Court consisting of the Chief
Judge of the Ontario Court who shall be president of the
court and such other judges of the General Division as the
Chief Judge designates from time to time.
(2) Every judge of the General Division is also a judge of Jurisdiction
the Small Claims Court. New. -^ °^^"'^^''
22. — (1) The Small Claims Court, Jurisdiction
(a) has jurisdiction in any action for the payment of
money where the amount claimed does not exceed
the prescribed amount exclusive of interest and
costs; and
10
Bill 2
COURTS OF JUSTICE
1989
(b) has jurisdiction in any action for the recovery of
possession of personal property where the value of
the property does not exceed the prescribed
amount. 1984, c. 11, s. 78 (1), amended.
Transfer (2) An action in the General Division may be transferred to
Sion "''^' the Small Claims Court by the local registrar of the General
Division on requisition with the consent of all parties filed
before the trial commences if,
(a) the only claim is for the payment of money or the
recovery of possession of personal property; and
(b) the claim is within the jurisdiction of the Small
Claims Court.
Idem (3) An action transferred to the Small Claims Court shall
be titled and continued as if it had been commenced in that
court. 1984, c. 11, s. 84, amended.
Composition 23. — (1) A proceeding in the Small Claims Court shall be
hLrin^ ^°' heard and determined by one judge of the General Division.
Provincial
judge or
deputy judge
may preside
(2) A proceeding in the Small Claims Court may also be
heard and determined by,
(a) a provincial judge who was assigned to the Provin-
cial Court (Civil Division) immediately before this
section comes into force; or
Where
deputy judge
not to
preside
(b) a deputy judge appointed under section 31.
(3) A deputy judge shall not hear and determine an action,
(a) for the payment of money in excess of the pre-
scribed amount; or |5
(b) for the recovery of possession of personal property
exceeding the prescribed amount in value. New.
24. The Small Claims Court shall hear and determine in a
summary way all questions of law and fact and may make such
order as is considered just and agreeable to good conscience.
1984, c. 11, s. 78 (3), amended.
Representation 25. A party may be represented in a proceeding in the
Small Claims Court by counsel or an agent but the court may
exclude from a hearing anyone, other than a barrister and
solicitor qualified to practise in Ontario, appearing as an agent
on behalf of a party if it finds that such person is not compe-
Summary
hearings
1989
COURTS OF JUSTICE
Bill 2
11
tent properly to represent the party or does not understand
and comply at the hearing with the duties and responsibilities
of an advocate. 1984, c. 11, s. 79, amended.
26.— (1) Subject to subsections (3) and (4), the Small Evidence
Claims Court may admit as evidence at a hearing and act
upon any oral testimony and any document or other thing so
long as the evidence is relevant to the subject-matter of the
proceeding, but the court may exclude anything unduly repeti-
tious.
(2) Subsection (1) applies whether or not the evidence is wem
given or proven under oath or affirmation or admissible as
evidence in any other court.
Idem
(3) Nothing is admissible in evidence at a hearing,
(a) that would be inadmissible by reason of any privi-
lege under the law of evidence; or
(b) that is inadmissible by any Act.
(4) Nothing in subsection (1) overrides the provisions of Conflicts
any Act expressly limiting the extent to or purposes for which
any oral testimony, documents or things may be admitted or
used in evidence in any proceeding.
(5) A copy of a document or any other thing may be admit- Copies
ted as evidence at a hearing if the presiding judge is satisfied
as to its authenticity. 1984, c. 11, s. 80, amended.
27. The Small Claims Court may order the times and the instalment
proportions in which money payable under an order of the
court shall be paid. 1984, c. 11, s. 81, amended.
28. An award of costs in the Small Claims Court, other l™'^ »"
than disbursements, shall not exceed 15 per cent of the
amount claimed or the value of the property sought to be
recovered unless the court considers it necessary in the inter-
ests of justice to penalize a party, counsel or agent for unrea-
sonable behaviour in the proceeding. New.
29. Orders of the Small Claims Court shall be directed to
a bailiff appointed under subsection 32 (1) for enforcement,
unless otherwise provided by the rules of court. 1984, c. 11,
s. 82, amended.
Enforcement
of orders
30. An appeal lies to the Divisional Court from a final Appeals
order of the Small Claims Court in an action,
12
Bill 2
COURTS OF JUSTICE
1989
(a) for the payment of money in excess of $500, exclud-
ing costs; or
(b) for the recovery of possession of personal property
exceeding $500 in value. 1984, c. 11, s. 83,
amended.
Deputy
judges
31. — (1) A regional senior judge of the General Division
may, with the approval of the Attorney General, appoint a
barrister and solicitor to act as a deputy judge of the Small
Claims Court for a term of three years.
Idem
(2) A regional senior judge of the General Division may
renew the appointment of a deputy judge for one or more
three-year terms.
Idem
(3) The appointment of a person who was a deputy judge
immediately before this section comes into force is deemed to
be renewed under subsection (2) on the day this section comes
into force. New. -^t-
Clerk and
bailiff of
Small Claims
Court
32. — (1) There shall be a clerk and one or more bailiffs
for each division of the Small Claims Court who shall be
appointed by the Lieutenant Governor in Council.
Idem
(2) With the approval of the Deputy Attorney General or
the person designated by the Deputy Attorney General, every
clerk and bailiff of the Small Claims Court in a division that is
not designated under clause 52 (1) (g) may appoint in writing
a deputy who may exercise and perform all the powers and
duties of the clerk or bailiff.
Referee
(3) The Lieutenant Governor in Council may appoint a
referee for a division of the Small Claims Court. 1984, c. 11,
s. 86 (4, 5), amended. |
PROVINCIAL DIVISION
Provincial
Division
33. The Provincial Court (Criminal Division), the Provin-
cial Court (Family Division) and the Provincial Offences
Court are amalgamated and continued as a court of record
named the Ontario Court (Provincial Division). New.
Composition
of Provincial
Division
34. The Provincial Division shall consist of,
(a) the Chief Judge of the Provincial Division
appointed under subsection 41 (3), who shall be
president of the Provincial Division;
1989
COURTS OF JUSTICE
Bill 2
13
(b) a regional senior judge of the Provincial Division
appointed under subsection 41 (4) for each region;
and
(c) such provincial judges as are appointed under
subsection 41 (1). New.
35. — (1) The Chief Judge of the Provincial Division shall J^j^^Y^^J"*^
direct and supervise the sittings of the Provincial Division and chi'ef Judge
the assignment of its judicial duties.
amended.
1984, C. 11, S. 63 (5), of Provincial
Division
(2) A regional senior judge of the Provincial Division shall, Regional
subject to the authority of the Chief Judge of the Provincial jSges,
Division, exercise the powers and perform the duties of the Provincial
Chief Judge of the Provincial Division in his or her region.
(3) A regional senior judge of the Provincial Division may Delegation
delegate to a judge of the Provincial Division in his or her
region the authority to exercise specified functions. New.
Absence of
Chief Judge
of Provincial
Division
(4) If the Chief Judge of the Provincial Division is absent
from Ontario or is for any reason unable to act, his or her
powers and duties shall be exercised and performed by a
regional senior judge of the Provincial Division designated by
the Chief Judge of the Provincial Division. 1984, c. 11,
s. 63 (7), amended.
(5) The powers and duties of a regional senior judge of the Absence of
Provincial Division who is absent from Ontario or is for any senior%dge
reason unable to act shall be exercised and performed by a of Provincial
judge of the Provincial Division designated by the Chief Judge
of the Provincial Division.
(6) The Chief Judge of the Provincial Division may hold
meetings with the regional senior judges of the Provincial
Division in order to consider any matters concerning sittings
of the Provincial Division and the assignment of its judicial
duties. New. -^t-
Meetings
with regional
senior judges
36. — (1) The Chief Judge of the Ontario Court (Provincial ^^^^^^^^ ^^
Division) shall assign every provincial judge to a region. region!
(2) Subsection (1) does not prevent the temporary assign- ^^em
ment of a provincial judge to a location anywhere in Ontario.
New.
37. — (1) A provincial judge has the power and authority C"™"^!
of two or more justices of the peace when sitting in the ^""* ''^*'°"
Provincial Division and shall exercise the powers and perform
14
Bill 2
COURTS OF JUSTICE
1989
the duties that any Act of the Parliament of Canada confers
on a provincial court judge when sitting in the Provincial
Division. 1984, c. 11, s. 67 (1), amended.
Provincial
offences and
family
jurisdiction
R.S.O. 1980,
c. 400
1986, c. 4
R.S.O. 1980,
c. 68
1984, c. 55
Youth court
jurisdiction
R.S.C. 1985,
c. Y-1
(2) The Provincial Division shall perform any function
assigned to it by or under the Provincial Offences Act, the
Family Law Act, 1986, the Children's Law Reform Act, the
Child and Family Services Act, 1984 or any other Act. 1984,
c. 11, s. 69, s. 75 (1) (a), (k), amended.
(3) The Provincial Division is a youth court for the pur-
poses of the Young Offenders Act (Canada). 1984, c. 11,
s. 67 (2), s. 75 (1) (b), amended.
Judge to
preside
38, — (1) A proceeding in the Provincial Division shall be
heard and determined by one judge of the Provincial Division.
1984, c. 11, s. 66 (2), s. 74 (2), amended.
I
Justice of the (2) A justicc of the pcacc may preside over the Provincial
preside'"^^ Division in a proceeding under the Provincial Offences Act.
R.S.O. 1980, 1984, c. 11, s. 68 (2), amended.
c. 400
Appeals 39, — (1) If no provision is made concerning an appeal
from an order of the Provincial Division, an appeal lies to the
General Division.
Exception (2) Subsectiou (1) docs not apply to a proceeding under the
RS;C. 1985, Criminal Code (Canada) or the Provincial Offences Act.
1987, c. 1, s. 6, amended.
Penalty for
disturbance
outside
courtroom
40. Any person who knowingly disturbs or interferes with
a proceeding in the Provincial Division without reasonable
justification while outside the courtroom is guilty of an
offence and on conviction is liable to a fine of not more than
$1,000 or to imprisonment for a term of not more than thirty
days, or to both. 1984, c. 11, s. 72, amended.
PROVINCIAL JUDGES
oi^S!'S ^^' — ^^^ ^^^ Lieutenant Governor in Council, on the
juc^eT'"'^'^ recommendation of the Attorney General, may appoint such
provincial judges as are considered necessary.
Qualifications
(2) No person shall be appointed as a provincial judge
unless he or she has been a member of the bar of one of the
provinces of Canada for at least ten years. 1984, c. 11, s. 52.
1989
COURTS OF JUSTICE
Bill 2
15
(3) The Lieutenant Governor in Council may appoint a
provincial judge as Chief Judge of the Provincial Division.
1984, c. 11, s. 63 (1), amended.
(4) The Lieutenant Governor in Council may appoint a
provincial judge to be the regional senior judge of the Provin-
cial Division for each region.
Chief Judge
Regional
senior judges
(5) The Chief Judge of the Provincial Division and the Term of
regional senior judges of the Provincial Division shall hold
office for five years.
(6) If a successor is not appointed within five years, the wem
Chief Judge or a regional senior judge shall continue in office
until the successor is appointed, but in no case shall the Chief
Judge or regional senior judge hold office for more than seven
years.
(7) A Chief Judge or a regional senior judge whose term of Former chief
office expires under subsection (5) or (6) shall continue to " ^^' ^^'^'
hold the office of provincial judge and is entitled to an annual
salary equal to the greater of,
(a) the current annual salary of a provincial judge; or
(b) the annual salary he or she received immediately
before ceasing to be Chief Judge or regional senior
judge.
(8) A Chief Judge or regional senior judge whose term of chief Judge,
office expires under subsection (5) or (6) shall not be be*^ ' "°
reappointed to the same position. New. reappointed
42. — (1) A provincial judge shall devote his or her whole ^^^^^
time to the performance of his or her duties as a judge, except ^™p°>''"^"^
as authorized by the Lieutenant Governor in Council.
(2) Despite subsection (1), a provincial judge who, before ^^^^
the 1st day of January, 1985, had the consent of the Attorney
General to act as an arbitrator or conciliator may continue to
so act. 1984, c. 11, s. 53, amended.
43. — (1) Every provincial judge shall retire upon attaining Retirement
the age of sixty-five years.
(2) Despite subsection (1), a provincial judge appointed as "'lem
a full-time magistrate, judge of a juvenile and family court or
master before the 2nd day of December, 1968 shall retire
upon attaining the age of seventy years.
16
Bill 2
COURTS OF JUSTICE
1989
Continuation
of judges in
office
Idem
Continuation
of regional
senior judge
in office
Idem
Continuation
of
Co-ordinator
in office
1989, c. 46
Idem
Continuation
in office of
Chief Judge
of Provincial
Division
Resignation
of judge
Resignation
as Chief
Judge, etc.
(3) A judge who has attained the age of sixty-five years
may, subject to the annual approval of the Chief Judge of the
Provincial Division, continue in office as a full-time or part-
time judge until he or she attains the age of seventy years.
(4) A judge who has attained the age of seventy years may,
subject to the annual approval of the Judicial Council, con-
tinue in office as a full-time or part-time judge until he or she
has attained the age of seventy-five years.
(5) Subject to subsections 41 (5) and (6). a regional senior
judge of the Provincial Division who is in office upon attain-
ing the age of sixty-five years may, subject to the annual
approval of the Chief Judge of the Provincial Division, con-
tinue in that office until he or she has attained the age of sev-
enty years.
(6) Subject to subsections 41 f5) and (6). a regional senior
judge of the Provincial Division who is in office upon attain-
ing the age of seventy years may, subject to the annual
approval of the Judicial Council, continue in that office until
he or she has attained the age of seventy-five years.
(7) Subject to subsections 13 (2) and (3) of the Justices of
the Peace Act, 1989, if the Co-ordinator of Justices of the
Peace is in office upon attaining the age of sixty-five years, he
or she may, subject to the annual approval of the Chief Judge
of the Provincial Division, continue in that office until he or
she has attained the age of seventy years.
(8) Subject to subsections 13 (2) and (3) of the Justices of
the Peace Act, 1989, if the Co-ordinator of Justices of the
Peace is in office upon attaining the age of seventy years, he
or she may, subject to the annual approval of the Judicial
Council, continue in that office until he or she has attained
the age of seventy-five years. New. -^^
(9) Subject to subsections 41 (5) and (6). if the Chief Judge
of the Provincial Division is in office upon attaining the age
for retirement under subsection (1) or (2), he or she may, sub-
ject to the annual approval of the Judicial Council, continue
in that office until he or she has attained the age of seventy-
five years. 1984, c. 11, s. 54, amended.
44. — (1) A provincial judge may at any time resign from
his or her office by delivering a signed letter of resignation to
the Attorney General.
(2) A Chief Judge or a regional senior judge may, before
the expiry of his or her term of office under subsection 41 (5)
1989 COURTS OF JUSTICE Bill 2 17
or (6), elect to hold the office of a provincial judge only, by
delivering a signed letter to that effect to the Attorney
General.
(3) The Co-ordinator of Justices of the Peace may, before Resignation
the expiry of his or her term of office under subsection 13 (2) coordinator
or (3) of the Justices of the Peace Act, 1989, elect to hold the i989, c. 46
office of a provincial judge only, by delivering a signed letter
to that effect to the Attorney General, New. -^^
(4) A resignation or election under this section takes effect Effective
on the day the letter is delivered to the Attorney General or,
if the letter specifies a later day, on that day. 1984, c. 11,
s. 55, s. 65, amended.
45. — (1) A provincial judge may be removed from office Removal for
before attaining retirement age only if,
(a) a complaint regarding the judge has been made to
the Judicial Council; and
(b) the removal is recommended by an inquiry held
under section 49 on the ground that the judge has
become incapacitated or disabled from the due exe-
cution of his or her office by reason of,
(i) infirmity,
(ii) conduct that is incompatible with the execu-
tion of his or her office, or
(iii) having failed to perform the duties of his or
her office.
(2) An order removing a provincial judge from office under Order for
this section may be made by the Lieutenant Governor on the
address of the Legislative Assembly. 1984, c. 11, s. 56,
amended.
46. — (1) The Judicial Council for Provincial Judges is con- Judicial
tinued as the Ontario Judicial Council and shall be composed
of,
(a) the Chief Justice of Ontario, who shall preside over
the Ontario Judicial Council;
(b) the Associate Chief Justice of Ontario;
(c) the Chief Judge of the Ontario Court;
18
Bill 2
COURTS OF JUSTICE
1989
(d) the Chief Judge of the Ontario Court (Provincial
Division);
(e) the Treasurer of The Law Society of Upper
Canada; and
(f) not more than two other persons appointed by the
Lieutenant Governor in Council.
Quorum
Staff
R.S.O. 1980,
c. 418
(2) A majority of members of the Judicial Council consti-
tutes a quorum and is sufficient for the exercise of all the
jurisdiction and powers of the Judicial Council.
(3) Such officers and employees of the Judicial Council as
are considered necessary may be appointed under the Public
Service Act.
Expert
assistance
(4) The Judicial Council may engage persons, including
counsel, to assist it in its investigations. 1984, c. 11, s. 57,
amended.
Transition
(5) An investigation commenced by the Judicial Council
before this section comes into force shall be continued by the
Judicial Council as it was constituted before this section comes
into force. New.
Functions
47. — (1) The functions of the Judicial Council are,
(a) to consider all proposed appointments of provincial
judges and make a report on them to the Attorney
General;
Liability for
damages
Investigation
of complaints
Referral to
Chief Judge
(b) to receive and investigate complaints against provin-
cial judges.
(2) No action or other proceeding for damages shall be
instituted against the Judicial Council or any member or offi-
cer of it or any person acting under its authority for any act
done in good faith in the execution or intended execution of
its or his or her duty. 1984, c. 11, s. 58.
48. — (1) Where the Judicial Council receives a complaint
against a provincial judge, it shall take such action to investi-
gate the complaint as it considers advisable.
(2) The Judicial Council may transmit those complaints it
considers appropriate,
(a) concerning provincial judges to the Chief Judge of
the Provincial Division; and
1989
COURTS OF JUSTICE
Bill 2
19
(b) concerning masters to the Chief Judge of the
Ontario Court.
(3) The proceedings of the Judicial Council shall not be Proceedings
public, but it may inform the Attorney General respecting "°* ^"
matters that it has investigated and the Attorney General may
make public the fact that an investigation has been under-
taken.
(4) The Judicial Council may order that information or doc-
uments relating to its proceedings not be published or dis-
closed except as required by law.
Prohibiting
publication
(5) The Judicial Council has all the powers of a commission Powers
under Part II of the Public Inquiries Act, which Part applies to ^^;9 ^^^'
the investigation as if it were an inquiry under that Act.
c. 411
(6) When the Judicial Council has deah with a complaint Notice of
regarding a provincial judge, it shall inform the following per- '*p°^"'°"
sons of its disposition of the complaint:
1. The person who made the complaint.
2. If the complaint was brought to the attention of the
judge, the judge.
(7) The Judicial Council may report its opinion regarding Report and
the complaint to the Attorney General and may recommend, da^il^r^"
(a) that an inquiry be held under section 49;
(b) that the judge be compensated for all or part of the
costs incurred by the judge relating to the investiga-
tion.
(8) A copy of a report made under subsection (7) shall be Copy to
given to the judge. ^" ^^
(9) The Judicial Council shall not make a report under sub- Right to be
section (7) unless the judge was notified of the investigation ^^^^^
and given an opportunity to be heard and to produce evidence
on his or her behalf.
(10) When the Judicial Council makes a report to the
Attorney General under subsection (7), the Attorney General
may make all or part of the report public, if he or she is of the
opinion that it is in the public interest to do so. 1984, c. 11,
s. 59, amended.
Publication
of report
20
Bill 2
COURTS OF JUSTICE
1989
Inquiry 49, — (1) The Lieutenant Governor in Council may
appoint a judge of the General Division to inquire into the
question whether a provincial judge should be removed from
office.
Powers (2) The Public Inquiries Act applies to an inquiry under
R.S.0. 1980, subsection (1).
Report (3) The report of the inquiry may recommend,
(a) that the judge be removed from office;
(b) that the judge be compensated for all or part of the
costs incurred by the judge relating to the inquiry.
Tabling of
report
(4) The report of the inquiry shall be laid before the Legis-
lative Assembly if it is in session or, if not, within fifteen days
after the commencement of the next session. 1984, c. 11,
s. 60, amended.
Provincial 50. — (1) The Committee known as the Ontario Provincial
Remuneration Courts Committee is continued as the Provincial Judges
Commission Remuneration Commission.
composition (2) The Commissiou shall be composed of the following
Commission three members:
1. One appointed jointly by the associations represent-
ing provincial judges.
2. One appointed by the Lieutenant Governor in
Council.
3. One, who shall head the Commission, appointed
jointly by the bodies referred to in paragraphs 1 and
2.
Function
Annual
report
(3) The function of the Provincial Judges Remuneration
Commission is to inquire into and make recommendations to
the Lieutenant Governor in Council respecting any matter
relating to the remuneration, allowances and benefits of pro-
vincial judges, including the matters referred to in clauses
52 (1) (b) and (c).
(4) The Commission shall make an annual report of its
activities to the Lieutenant Governor in Council.
Tabling of (5) Recommendations of the Commission and its annual
rccommcri" •
dations report shall be laid before the Legislative Assembly if it is in
1989 COURTS OF JUSTICE Bill 2 21
session or, if not, within fifteen days of the commencement of
the next session. 1984, c, 11, s. 88, amended.
of
MISCELLANEOUS
51. — (1) The judges of the Ontario Court of Justice shall Meeting
meet at least once in each year, on a day fixed by the Chief ^" ^^*
Judge of the Ontario Court, in order to consider this Act, the
rules of court and the administration of justice generally.
(2) The judges shall report their recommendations to the ^^^^
Attorney General. 1984, c. 11, s. 10, amended.
(3) The judges of the Ontario Court of Justice in each Regional
region shall meet at least once in each year, on a day fixed by j^dge"^ °
the regional senior judge of the General Division, in order to
consider this Act, the rules of court and the administration of
justice in the region generally.
(4) The judges shall report their recommendations to the ^^^^
Attorney General. New.
52. — (1) The Lieutenant Governor in Council may make Regulations
regulations,
(a) fixing the number of judges of the General Division
who are in addition to the Chief Judge, the regional
senior judges and the Senior Judge for the Unified
Family Court;
(b) fixing the remuneration of provincial judges and
masters;
(c) providing for the benefits to which provincial judges
and masters are entitled, including,
(i) leave of absence and vacations,
(ii) sick leave credits and payments in respect of
those credits,
(iii) pension benefits for provincial judges, masters
and their surviving spouses and children;
(d) prescribing territorial divisions for the Small Claims
Court; -^t-
(e) prescribing the maximum amount of a claim in the
Small Claims Court for the purposes of subsection
22(1);
22 Bill 2 COURTS OF JUSTICE 1989
(f) prescribing the maximum amount of a claim over
which a deputy judge may preside for the purposes
of subsection 23 (3):
(g) providing for the retention of fees by clerks, bailiffs
and referees of the Small Claims Court who are not
R.s.o. 1980, civil servants under the Public Service Act and des-
^' ^^^ ignating divisions where clerks, bailiffs and referees
of the Small Claims Court may be appointed to a
position as a civil servant under that Act;
(h) prescribing the duties of clerks, baihffs and referees
of the Small Claims Court; -*^
(i) prescribing for each region the minimum number of
judges of the General Division and of the Provincial
Division who are to be assigned to that region.
1984, c. 11, s. 4 (2), s. 20 (4), s. 87 (1), amended.
Idem (2) A reduction in the number of judges of the General
Division under clause (1) (a) does not affect appointments
existing at the time of the reduction. 1984, c. 11, s. 4 (2),
amended.
Contributions (3) Regulations made under clause (1) (c) may require
judges and masters to contribute from their salaries part of
the costs of benefits and may fix the amount of the contribu-
tions.
Application (4) A regulation made under clause (1) (c) may modify or
R.s.o 1980 exclude the application of the Public Service Superannuation
c-419 ' Act.
of''?e'?iations ^^) ^ regulation made under subsection (1) may be general
reguaions ^^ particular in its application. 1984, c. 11, s. 20 (5-7),
s. 87 (2-4), amended.
PART III
Unified Family Court
Famif'' Court — * ^^ Unified Family Court is continued as a superior
^™^ " court of record in and for The Regional Municipality of
Hamilton-Wentworth. 1984, c. 11, s. 38, amended.
SrSErt'^'°" M.'—{^) The Unified Family Court shall be presided over
by.
1989
COURTS OF JUSTICE
Bill 2
23
(a) a judge of the Ontario Court (General Division)
appointed as senior judge for the Unified Family
Court; or
(b) a judge of the Ontario Court (General Division),
who is authorized under subsection (3) to exercise the jurisdic-
tion of a judge of the Ontario Court (Provincial Division).
(2) The senior judge for the Unified Family Court shall duties of^ ^
supervise and direct the sittings and the assignment of the ^^"'""^ ^" ^^
judicial duties of the Unified Family Court.
(3) The Lieutenant Governor in Council may authorize a Authority for
judge of the General Division to exercise the jurisdiction of a Dwlslon^
judge of the Provincial Division. matters
(4) A judge who may preside over the Unified Family Exercise of
Court shall exercise his or her jurisdiction as a judge of the j^uHsdiction
General Division or a judge of the Provincial Division in the
matters in which the General Division or the Provincial
Division or a judge of one of them has jurisdiction under the
statutory provisions set out in the Schedule to this Part.
1984, c. 11, s. 39; 1987, c. 1, s. 1, amended.
55. — (1) Proceedings taken in a court in The Regional Proceedings
Municipality of Hamilton-Wentworth under the statutory pro- Family Court
visions set out in the Schedule to this Part, other than by way
of appeal, shall be commenced and titled in the Unified
Family Court and the jurisdiction of the court shall be exer-
cised in the Unified Family Court.
(2) A motion for interim relief under the Divorce Act, 1985 ^^^^
(Canada), the Family Law Act, 1986 or the Children's Law ^^ ^^^'
Reform Act in a proceeding in the General Division shall be 1986, c. 4
heard in the Unified Family Court if it is required or permit- r.s.o. i980,
ted to be heard in The Regional Municipality of Hamilton- ^- ^
Wentworth by the rules of court or an order of the court.
1984, c. 11, s. 40 (1, 2) amended.
(3) All proceedings commenced in or transferred to the No jury
Unified Family Court shall be heard and determined without a
jury. 1984, c. 11, s. 40 (4), amended.
56. Where a proceeding is commenced in the Unified C)ther
Family Court in a matter over which jurisdiction may be exer- ^""^ *^^*°"
cised in the Unified Family Court and is combined with a
related matter in the jurisdiction of the judge but respecting
which jurisdiction may not be exercised in the Unified Family
24
Bill 2
COURTS OF JUSTICE
1989
Orders of
predecessor
court
Court, the court may, with leave of the judge, hear and deter-
mine the combined matters. 1984, c. 11, s. 41, amended.
57. — (1) The Unified Family Court may hear and deter-
mine an application under an Act to discharge, vary or sus-
pend an order made by the Provincial Court (Family Division)
of the Judicial District of Hamilton-Wentworth.
Enforcement
(2) The Unified Family Court may enforce orders made by
the Provincial Court (Family Division) of the Judicial District
of Hamilton-Wentworth. 1984, c. 11, s. 42, amended.
Place where
proceedings
commenced
Idem,
custody or
access
R.S.O. 1980,
c. 68
58. — (1) Subject to subsection (2), proceedings referred to
in subsection 55 (1) may be commenced in the Unified Family
Court where the applicant or the respondent resides in The
Regional Municipality of Hamilton-Wentworth. 1984, c. 11,
s. 44 (1), amended.
(2) An application under Part III of the Children's Law
Reform Act in respect of a child who ordinarily resides in The
Regional Municipality of Hamilton-Wentworth may be com-
menced in the Unified Family Court. 1984, c. 11, s. 44 (2),
amended.
Transfer to
other court
Transfer
from other
court
(3) A judge who may preside over the Unified Family
Court may, on motion, order that a proceeding commenced in
the Unified Family Court be transferred to the appropriate
court in a place where there is no Unified Family Court if, in
the opinion of the judge, there is a preponderance of conven-
ience for the matter to be dealt with by that court. 1984,
c. 11, s. 44(3).
(4) A judge of a court having jurisdiction in a proceeding
under a statutory provision set out in the Schedule to this Part
in an area other than The Regional Municipality of Hamilton-
Wentworth may, on motion, order that the proceeding be
transferred to the Unified Family Court if, in the opinion of
the judge, there is a preponderance of convenience for the
matter to be dealt with by that court. 1984, c. 11, s. 44 (4),
amended.
Directions
Status of
orders
(5) A judge making an order under subsection (3) or (4)
may give such directions for the transfer as are considered
just. 1984, c. 11, s. 44 (5).
59. An order of a judge presiding over the Unified Family
Court made in the exercise of his or her jurisdiction as a judge
of the Ontario Court (General Division) is an order of the
General Division for all purposes. 1984, c. 11, s. 45,
amended.
1989 COURTS OF JUSTICE Bill 2 25
60. — (1) Subject to subsections (2) and (3). a provision for Appeals
an appeal from an order made under the statutory provisions
set out in the Schedule to this Part applies to an order when
made in the exercise of the jurisdiction by a judge presiding
over the Unified Family Court.
(2) Where an order made by the Unified Family Court ^^^^
under a statutory provision set out in the Schedule to this Part
is within the jurisdiction of the Ontario Court (General
Division) outside The Regional Municipality of Hamihon-
Wentworth, the order shall, for the purposes of an appeal, be
deemed to have been made by a judge of the General
Division. 1984, c. 11, s. 46 (1, 2), amended.
(3) A provision for an appeal to the Ontario Court I'lem
(General Division) or a judge of it from an order made by the
Unified Family Court under the statutory provisions set out in
the Schedule to this Part shall be deemed to provide for an
appeal to the Divisional Court. New. ^^^
(4) Where no provision is made for an appeal from an ^^^"1
order of a judge presiding over the Unified Family Court, an
appeal lies,
(a) to the Court of Appeal from a final order, except
an order referred to in clause (b);
(b) to the Divisional Court from a final order,
(i) for a single payment of not more than
$25,000, exclusive of costs,
(ii) for periodic payments that amount to not
more than $25,000, exclusive of costs, in the
twelve months commencing on the date the
first payment is due under the order,
(iii) dismissing a claim for an amount that is not
more than the amount set out in subclause (i)
or (ii), or
(iv) dismissing a claim for an amount that is more
than the amount set out in subclause (i) or (ii)
and in respect of which the judge indicates
that if the claim had been allowed the amount
awarded would have been not more than the
amount set out in subclause (i) or (ii); or
26
Bill 2
COURTS OF JUSTICE
1989
Criminal
jurisdiction
(c) to the Divisional Court from an interlocutory order,
with leave as provided in the rules of court. 1984,
c. 11, s. 46 (4), amended.
51, — (1) A judge presiding over the Unified Family Court
has all the powers of a judge sitting in the Ontario Court
(Provincial Division) for the purposes of proceedings under
R.s.c. 1985, the Criminal Code (Canada)
c. C-46 ,^
Idem
R.s.c. 1980,
c. 400
1986, c. 4
R.S.O. 1980,
cc. 68, 293
1984, c. 55
(2) The Unified Family Court shall be deemed to be and
shall sit as the Provincial Division,
(a) for the purpose of dealing with young persons as
defined in the Provincial Offences Act; and
(b) for the purpose of prosecutions under the Family
Law Act, 1986, the Children's Law Reform Act, the
Minors' Protection Act and Part III (Child
Protection) and Part VII (Adoption) of the Child
and Family Services Act, 1984. "^^
Idem
(3) The Unified Family Court is a youth court for the pur-
R.s.c. 1985, pose of the Young Offenders Act (Canada). 1984, c. 11,
^' ^'^ s. 47, amended.
Conciliation
service
Rules
62. A conciliation service may be established, maintained
and operated as part of the Unified Family Court. 1984,
c. ll,s. 49.
63. — (1) The Lieutenant Governor in Council may make
rules for the Unified Family Court in relation to the practice
and procedure of the court and may make rules for the court,
even though they aher or conform to the substantive law, in
relation to.
(a) conduct of proceedings in the court;
(b) joinder of claims and parties, and representation of
parties;
(c) commencement of proceedings and service of
process in or outside Ontario;
(d) discovery and other forms of disclosure before hear-
ing, including their scope and their admissibility and
use in a proceeding;
(e) examination of witnesses in or out of court;
(f) duties of clerks and other officers;
I
k
1989
COURTS OF JUSTICE
Bill 2
27
(g) references of proceedings or issues in a proceeding
and the powers of a person conducting a reference;
(h) costs of proceedings;
(i) enforcement of orders and process;
(j) payment into and out of court;
(k) any matter that is referred to in an Act as provided
for by rules of court.
(2) Nothing in subsection (1) authorizes the making of rules idem
that conflict with an Act, but rules may be made under sub-
section (1) supplementing the provisions of an Act in respect
of practice and procedure.
(3) The rules of court made under Part IV do not apply to ^^^^
proceedings in the Unified Family Court. 1984, c. 11, s. 51,
amended.
SCHEDULE
Jurisdiction under tiie following statutory provisions:
Statutes
Provisions
1.
Annulment of Marriages Act
(Ontario) (Canada)
All
2.
Change of Name Act, 1986
All
3.
Child and Family Services Act, 1984
Parts in, VI and
VII
4.
Children's Law Reform Act
All, except sections
60 and 61
5.
Divorce Act, 1985 (Canada)
All
6.
Education Act
Sections 29 and 30
7.
Family Law Act, 1986
All, except Part V
8.
Marriage Act
Sections 6 and 9
9.
Minors' Protection Act
Section 2
10.
Reciprocal Enforcement of
Maintenance Orders Act, 1982
All
11.
Support and Custody Orders
Enforcement Act, 1985
All
12.
Young Offenders Act (Canada)
All
28
Civil Rules
Committee
Idem
Tenure of
office
Bill 2 COURTS OF JUSTICE 1989
PART IV
Rules of Court
64. — (1) The Civil Rules Committee is established and
shall be composed of,
(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Judge of the Ontario
Court and the Chief Judge of the Ontario Court
(Provincial Division);
(b) one judge of the Court of Appeal, who shall be
appointed by the Chief Justice of Ontario;
(c) nine judges of the Ontario Court (General Divi-
sion), who shall be appointed by the Chief Judge of
the Ontario Court;
(d) the Attorney General or a person designated by the
Attorney General;
(e) one law officer of the Crown, who shall be
appointed by the Attorney General;
(f) two persons employed in the administration of the
courts, who shall be appointed by the Attorney
General;
(g) four barristers and solicitors, who shall be
appointed by the Benchers of The Law Society of
Upper Canada in convocation;
(h) one barrister and solicitor, who shall be appointed
by the Chief Justice of Ontario; and
(i) four barristers and solicitors, who shall be
appointed by the Chief Judge of the Ontario Court.
(2) The Chief Justice of Ontario shall preside over the Civil
Rules Committee but, if the Chief Justice of Ontario is absent
or so requests, another member designated by the Chief
Justice of Ontario shall preside.
(3) Each of the members of the Civil Rules Committee
appointed under clauses (1) (b), (c), (e), (f), (g), (h) and (i)
shall hold office for a period of three years and is eligible for
reappointment.
I
1989
COURTS OF JUSTICE
Bill 2
29
(4) Where a vacancy occurs among the members appointed vacancies
under clause (1) (b), (c), (e), (f), (g), (h) or (i), a new mem-
ber similarly qualified may be appointed for the remainder of
the unexpired term.
(5) A majority of the members of the Civil Rules Commit- Quorum
tee constitutes a quorum. 1984, c. 11, s. 89, amended.
Civil Rules
65. — (1) Subject to the approval of the Lieutenant Gover-
nor in Council, the Civil Rules Committee may make rules for
the Court of Appeal and the Ontario Court (General Divi-
sion) in relation to the practice and procedure of those courts
in all civil proceedings, including family law proceedings.
(2) The Civil Rules Committee may make rules for the i^em
courts described in subsection (1), even though they alter or
conform to the substantive law, in relation to,
(a) conduct of proceedings in the courts;
(b) joinder of claims and parties, settlement of claims
by or against persons under disability, whether or
not a proceeding has been commenced in respect of
the claim, the binding effect of orders and repre-
sentation of parties;
(c) commencement of proceedings, representation of
parties by solicitors and service of process in or out-
side Ontario;
(d) disposition of proceedings without a hearing and its
effect and authorizing the Court of Appeal to deter-
mine in the first instance a special case arising in a
proceeding commenced in the Ontario Court
(General Division);
(e) pleadings;
(f) discovery and other forms of disclosure before hear-
ing, including their scope and the admissibility and
use of that discovery and disclosure in a proceeding;
(g) examination of witnesses in or out of court;
(h) jurisdiction of masters, including the conferral on
masters of any jurisdiction of the Ontario Court
(General Division), including jurisdiction under an
Act, but not including the trial of actions or juris-
diction conferred by an Act on a judge;
30 Bill 2 COURTS OF JUSTICE 1989
(i) jurisdiction and duties of officers;
(j) motions and applications, including the hearing of
motions in the absence of the public and prohibiting
a party from making motions without leave;
(k) preservation of rights of parties pending the out-
come of litigation, including sale, recovery of pos-
session or preservation of property;
(1) interpleader;
(m) preparation for trial and offers to settle and their
legal consequences;
(n) the mode and conduct of trials;
(o) the appointment by the court of independent
experts, their remuneration and the admissibility
and use of their reports;
(p) the discount rate to be used in determining the
amount of an award in respect of future pecuniary
damages;
(q) references of proceedings or issues in a proceeding
and the powers of a person conducting a reference;
(r) costs of proceedings, including security for costs and
a solicitor's liability for or disentitlement to costs;
(s) enforcement of orders and process or obUgations
under the rules;
(t) the time for and procedure on appeals and stays
pending appeal;
(u) payment into and out of court;
(v) any matter that is referred to in an Act as provided
for by rules of court.
Idem (3) Nothing in subsection (1) or (2) authorizes the making
of rules that conflict with an Act, but rules may be made
under subsections (1) and (2) supplementing the provisions of
an Act in respect of practice and procedure. 1984, c. 11,
s. 90, amended.
commitfee" 1^«— (1) The Family Rules Committee is established and
shall be composed of.
1989 COURTS OF JUSTICE Bill 2 31
(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Judge of the Ontario
Court and the Chief Judge of the Ontario Court
(Provincial Division);
(b) the senior judge for the Unified Family Court;
(c) one judge of the Court of Appeal, who shall be
appointed by the Chief Justice of Ontario;
(d) three judges of the Ontario Court (General Divi-
sion), who shall be appointed by the Chief Judge of
the Ontario Court;
(e) four judges of the Ontario Court (Provincial Divi-
sion), who shall be appointed by the Chief Judge of
the Ontario Court (Provincial Division);
(f) the Attorney General or a person designated by the
Attorney General;
(g) one law officer of the Crown, who shall be
appointed by the Attorney General;
(h) two persons employed in the administration of the
courts, who shall be appointed by the Attorney
General;
(i) four barristers and solicitors, who shall be
appointed by the Benchers of The Law Society of
Upper Canada in convocation;
(j) two barristers and solicitors, who shall be appointed
by the Chief Judge of the Ontario Court; and
(k) two barristers and solicitors, who shall be appointed
by the Chief Judge of the Ontario Court (Provincial
Division),
(2) The Chief Justice of Ontario shall preside over the I'Jem
Family Rules Committee but, if the Chief Justice of Ontario is
absent or so requests, another member designated by the
Chief Justice shall preside,
(3) Each of the members of the Family Rules Committee Tenure of
appointed under clauses (1) (c), (d), (e), (g), (h), (i), (j) and °*''
(k) shall hold office for a period of three years and is eligible
for reappointment.
32
Bill 2
COURTS OF JUSTICE
1989
Vacancies
(4) Where a vacancy occurs among the members appointed
under clause (1) (c), (d), (e), (g), (h), (i), (j) or (k), a new
member similarly qualified may be appointed for the remain-
der of the unexpired term.
Quorum (5) A majority of the members of the Family Rules
Committee constitutes a quorum. New.
Family Rules 57, — (1) Subject to the approval of the Lieutenant Gover-
nor in Council, the Family Rules Committee may make rules
for the Court of Appeal, the Ontario Court (General Divi-
sion) and the Ontario Court (Provincial Division) in relation
to the practice and procedure of those courts in proceedings
under statutory provisions set out in the Schedule to Part III
(Unified Family Court), except proceedings under the Young
Offenders Act (Canada).
R.S.C. 1985,
c. Y-1
Idem
(2) Subsections 65 (2) and (3) apply with necessary modifi-
cations to the Family Rules Committee making rules for the
courts described in subsection (1).
May modify (3) The rulcs made by the Family Rules Committee may
civil rules
adopt, modify or exclude the rules made by the Civil Rules
Committee.
Rules for
Young
Offenders Act
(4) Subject to the approval of the Lieutenant Governor in
Council, the Family Rules Committee may prepare rules for
the purpose of section 68 of the Young Offenders Act
(Canada) for consideration by the Ontario Court (Provincial
Division). New.
Criminal
Rules
Committee
68. — (1) The Criminal Rules Committee is established and
shall be composed of.
(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Judge of the Ontario
Court and the Chief Judge of the Ontario Court
(Provincial Division);
(b) one judge of the Court of Appeal, who shall be
appointed by the Chief Justice of Ontario;
(c) three judges of the Ontario Court (General Divi-
sion), who shall be appointed by the Chief Judge of
the Ontario Court;
(d) four judges of the Ontario Court (Provincial
Division), who shall be appointed by the Chief
Judge of the Ontario Court (Provincial Division);
1989 COURTS OF JUSTICE Bill 2 33
(e) the Co-ordinator of Justices of the Peace; -^It-
(f) the Attorney General or a person designated by the
Attorney General;
(g) one law officer of the Crown, who shall be
appointed by the Attorney General;
(h) three Crown attorneys, deputy Crown attorneys or
assistant Crown attorneys, who shall be appointed
by the Attorney General;
(i) two persons employed in the administration of the
courts, who shall be appointed by the Attorney
General;
(j) two barristers and solicitors, who shall be appointed
by the Benchers of The Law Society of Upper
Canada in convocation;
(k) one barrister and solicitor, who shall be appointed
by the Chief Justice of Ontario;
(1) one barrister and solicitor, who shall be appointed
by the Chief Judge of the Ontario Court; and
(m) one barrister and solicitor, who shall be appointed
by the Chief Judge of the Ontario Court (Provincial
Division).
(2) The Chief Justice of Ontario shall preside over the I'^em
Criminal Rules Committee but, if the Chief Justice of Ontario
is absent or so requests, another member designated by the
Chief Justice of Ontario shall preside.
(3) Each of the members of the Criminal Rules Committee Tenure of
appointed under clauses (1) (b), (c), (d), (e), (g), (h), (i), (j), °''"^
(k), (1) and (m) shall hold office for a period of three years
and is eligible for reappointment.
(4) Where a vacancy occurs among the members appointed vacancies
under clause (1) (b), (c), (d), (e), (g), (h), (i), (j), (k), (1) or
(m), a new member similarly qualified may be appointed for
the remainder of the unexpired term.
(5) A majority of the members of the Criminal Rules Quorum
Committee constitutes a quorum. New.
34
Bill 2
COURTS OF JUSTICE
1989
Criminal
Rules
R.S.C. 1985,
c. C-46
Provincial
offences rules
R.S.O. 1980,
c. 400
Idem
69. — (1) Subject to the approval of the Lieutenant Gover-
nor in Council, the Criminal Rules Committee may prepare
rules for the purposes of section 482 of the Criminal Code
(Canada) for consideration by the Court of Appeal, the
Ontario Court (General Division) and the Ontario Court
(Provincial Division).
(2) Subject to the approval of the Lieutenant Governor in
Council, the Criminal Rules Committee may make rules for
the Court of Appeal, the Ontario Court (General Division)
and the Ontario Court (Provincial Division) in relation to the
practice and procedure of those courts in proceedings under
the Provincial Offences Act. New.
(3) The Criminal Rules Committee may make rules under
subsection (2),
(a) regulating any matters relating to the practice and
procedure of proceedings under the Provincial
Offences Act;
(b) prescribing forms;
(c) regulating the duties of the employees of the courts;
(d) prescribing and regulating the procedures under any
Act that confers jurisdiction under the Provincial
Offences Act on the Ontario Court (Provincial
Division) or a judge or justice of the peace sitting in
it;
(e) prescribing any matter relating to proceedings under
the Provincial Offences Act that is referred to in an
Act as provided for by the rules of court. 1984,
c. 11, s. 73 (3), amended.
3. Sections 92 and 93 of the said Act are repealed and the
following substituted therefor:
Coim° 92.— (1) There shall be a committee, known as the
Management Ontario Courts Management Committee, composed of.
Committee
(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Judge of the Ontario i
Court and the Chief Judge of the Ontario Court
(Provincial Division);
(b) the Attorney General, the Deputy Attorney
General, the Assistant Deputy Attorney General!
responsible for courts administration and the
1989 COURTS OF JUSTICE Bill 2 35
Assistant Deputy Attorney General responsible for
criminal law;
(c) two barristers and solicitors appointed by the
Benchers of the Law Society of Upper Canada in
convocation and two barristers and solicitors
appointed by the presidents of the county and
district law associations; and
(d) not more than four other persons, appointed by the
Attorney General with the concurrence of,
(i) all of the judges mentioned in clause (a), and
(ii) all of the barristers and solicitors appointed
under clause (c).
(2) The following persons shall preside over meetings of the who to
Committee, by rotation at intervals fixed by the Committee: ^'^^^^ ^
1. A judge mentioned in clause (1) (a) selected by the
judges mentioned in that clause.
2. The Attorney General or a person mentioned in
clause (1) (b) and designated by the Attorney
General.
3. A barrister and solicitor appointed under clause
(1) (c) selected by the barristers and solicitors
appointed under that clause.
4. A person appointed under clause (1) (d) selected by
the persons appointed under that clause.
(3) The function of the Committee is to consider and Function of
recommend to the appropriate authority policies and proce- °'"'"' ^^
dures to promote the better administration of justice and the
effective use of resources, including judicial and other person-
nel, in the public interest. New. 4fc-
92a. — (1) For judicial purposes, Ontario is divided into Regions for
the regions prescribed under subsection (2). purpSes
(2) The Lieutenant Governor in Council may make regu- Regulations
lations prescribing regions for the purpose of this Act. New.
92b. — (1) There shall be a committee in each region. Regional
known as the Regional Courts Management Committee, com- rvtanagement
posed of. Committee
36
Bill 2
COURTS OF JUSTICE
1989
Who to
preside
(a) the regional senior judge of the Ontario Court
(General Division) and the regional senior judge of
the Ontario Court (Provincial Division);
(b) the regional director of courts administration for the
Ministry of the Attorney General and the regional
director of Crown attorneys;
(c) two barristers and solicitors appointed jointly by the
presidents of the county and district law associations
in the region; and
(d) not more than two other persons, appointed by the
Attorney General with the concurrence of,
(i) both of the judges mentioned in clause (a),
and
(ii) both of the barristers and solicitors appointed
under clause (c).
(2) The following persons shall preside over meetings of the
Committee, by rotation at intervals fixed by the Committee:
1. A judge mentioned in clause (1) (a) selected by the
judges mentioned in that clause.
2. An official mentioned in clause (1) (b) selected by
the officials mentioned in that clause. ^
Function of
Committee
Frequency of
meetings
3. A barrister and solicitor appointed under clause
(1) (c) selected by the barristers and solicitors
appointed under that clause.
4. A person appointed under clause (1) (d) selected by
the persons appointed under that clause.
(3) The function of the Committee is to consider and
recommend to the appropriate authority policies and proce-
dures for the region to promote the better administration of
justice and the effective use of resources, including judicial
and other personnel, in the public interest.
(4) The Committee shall meet at least four times each year.
New. -^t-
cWefor°^ 93.-— (1) The powers and duties of a judge who has
regional authority to supervise and direct the sittings and the assign-
senior judge ment of the judicial duties of his or her court include the
following:
1989 COURTS OF JUSTICE Bill 2 37
1. Determining tiie sittings of the court.
2. Assigning judges to the sittings.
3. Assigning cases to individual judges.
4. Determining the sitting schedules and places of sit-
tings for individual judges. -^^
5. Determining the total annual, monthly and weekly
workload of individual judges.
6. Preparing trial lists and assigning courtrooms, to the
extent necessary to control the determination of
who is assigned to hear particular cases. 1984,
c. 11, s. 93, amended.
(2) Subsection (1) applies with necessary modifications in Powers in
respect of supervising and directing the sittings and assigning masters °
the judicial duties of masters. New. ^^-
4. Section 94 of the said Act is amended by adding thereto
the following subsections:
(2) A power or duty given to a registrar, sheriff, court Exercise of
clerk, assessment officer or official examiner under an Act, regTslJar?
regulation or rule of court may be exercised or performed by sheriff, etc.
a person or class of persons to whom the power or duty has
been assigned by the Deputy Attorney General or a person
designated by the Deputy Attorney General.
(3) Subsection (2) applies in respect of an Act, regulation ^dem
or rule of court made under the authority of the Legislature or
of the Parliament of Canada.
5. The said Act is amended by adding thereto the following
section:
95a. Documents and other material that are no longer Destruction
required m a court office shall be disposed of m accordance
with the directions of the Deputy Attorney General, subject
to the approval of,
(a) in the Court of Appeal, the Chief Justice of
Ontario;
(b) in the Ontario Court (General Division), the Chief
Judge of the Ontario Court;
of documents
38
Bill 2
COURTS OF JUSTICE
1989
(c) in the Ontario Court (Provincial Division), the
Chief Judge of the Provincial Division; ■^-
(d) in the Unified Family Court, the Senior Judge for
the Unified Family Court. 1984, c. 11, s. 101 (4),
amended.
6. Section 98 of the said Act is repealed and the following
substituted therefor:
Liability of
judges
98. Every judge of a court in Ontario and every master
has the same immunity from hability as a judge of the Ontario
Court (General Division).
7. Section 99 of the said Act is repealed and the following
substituted therefor:
Compen-
sation for
statutory
duties
99. Every judge who was a judge of the Supreme Court or
of the District Court before this section comes into force shall
be paid out of the Consolidated Revenue Fund the annual
sum of $3,000, payable quarterly, as compensation for the ser-
vices the judge is called on to render by any Act of the
Legislature in addition to his or her ordinary duties.
8. Subsection 100 (1) of the said Act is amended by striking
out "Supreme Court or the District Court" in the first and
second lines and inserting in lieu thereof '* Court of Appeal or
the Ontario Court (General Division)".
9. The said Act is further amended by adding thereto the
following sections:
Judges'
gowns
100a. The Lieutenant Governor in Council may make
regulations respecting the form of the gown to be worn in
court by all judges appointed after this section comes into
force.
t^Te^"'*^" 100b.— (1) Every judge of the Ontario Court of Justice
addressed and the Unified Family Court may be addressed as "Your
Honour" or as "Judge {naming the judge)".
Idem
(2) A judge appointed to the High Court of Justice before
this section comes into force may elect to be addressed
according to the practice in existence before this section
comes into force.
10. Section 101 of the said Act is repealed and the following
substituted therefor:
1989
COURTS OF JUSTICE
Bill 2
39
101. — (1) Every person who was a master of the Supreme Masters
Court before this section comes into force is a master of the
Ontario Court (General Division). New.
(2) Every master has the jurisdiction conferred by the rules Jurisdiction
of court in proceedings in the General Division. 1984, c. 11,
s. 20 (3).
(3) Sections 42 to 49 apply with necessary modifications to Application
masters in the same manner as to provincial judges. 1984, °s. 42-49
c. 11, s. 20 (11), amended.
(4) The right of a master to continue in office under sub-
section 43 (3) is subject to the approval of the Chief Judge of
the Ontario Court and not of the Chief Judge of the Provin-
cial Division. New. -^^
Idem
101a. — (1) Money paid into the Ontario Court (General Money
vested in
Division) shall be paid to the Accountant of the Ontario Accountant
Court and such money and securities in which the money is
invested are vested in the Accountant.
(2) Mortgages and other securities taken under an order of Security held
the Ontario Court (General Division) and instruments taken Accountant
as security in respect of a proceeding in the Ontario Court
(General Division) shall be taken in the name of the Accoun-
tant and shall be deposited in his or her office, except where
an order provides otherwise.
(3) The Accountant has no duty or obligation in respect of '^em
the instruments deposited under subsection (2) except as cus-
todian of the instruments, unless an order of the court pro-
vides otherwise.
(4) The Provincial Auditor shall examine and report on the Audit by
accounts and financial transactions of the Accountant. 1984, Audkor^
c. 11, s. 22, amended.
101b. — (1) The finance committee is continued and shall Finance
be composed of three persons appointed by the Lieutenant '^°'"'"'
Governor in Council.
(2) The finance committee has control and management of Management
the money in the Ontario Court (General Division), the funS"
investment of the money and the securities in which it is
invested.
(3) Money that is available for investment shall be invested investment of
in investments in which the Treasurer of Ontario may invest
40
Bill 2
COURTS OF JUSTICE
1989
R.S.O. 1980,
c. 161
public money under section 3 of the Financial Administration
Act.
Employment
of trust
company
(4) The finance committee may employ a trust company to
make the investments or act as custodian of the securities pur-
chased as investments.
Interest
Reserve
funds
(5) The finance committee may provide for the payment of
interest on money paid into the General Division and may fix
the rate of interest so paid.
(6) The finance committee may establish such reserve funds
as it considers necessary. 1984, c. 11, s. 23, amended.
11. Subsection 102 (3) of the said Act is amended by
striking out "Rules of Civil Procedure" in the third line and
inserting in lieu thereof "rules of court".
12. Section 103 of the said Act is repealed and the following
substituted therefor:
Assessment
officers
103. — (1) The Lieutenant Governor in Council, on the
recommendation of the Attorney General, may appoint
assessment officers.
Idem
Jurisdiction
Appeal from
assessment of
costs before
tribunal
(2) Every master is an assessment officer.
(3) Every assessment officer has jurisdiction to assess costs
in a proceeding in any court.
(4) Where costs of a proceeding before a tribunal other
than a court are to be assessed by an assessment officer,
(a) the rules of court governing the procedure on an
assessment of costs apply with necessary modifica-
tions; and
(b) an appeal lies to the Ontario Court (General
Division) from a certificate of assessment of the
costs if an objection was served in respect of the
issue appealed in accordance with the rules of court.
13.^1) Subsection 104 (1) of the said Act is repealed.
(2) Subsection 104 (2) of the said Act is amended by striking
out "additional" in the second line.
14. — (1) Subsection 108 (2) of the said Act is amended by
striking out "and" where it occurs the second time in the third
1989 COURTS OF JUSTICE Bill 2 41
line and by inserting after "hearing)" in the fourth line "and
153a (where procedures not provided)".
(2) Subsection 108 (3) of the said Act, as amended by the
Statutes of Ontario, 1989, chapter 24, section 4, is repealed
and the following substituted therefor:
(3) Sections 122 (constitutional questions), 135, 136 (Ian- Appiicadon^
guage of proceedings), 142 (judge sitting on appeal), 146 (pro- Sfrnces""^
hibition against photography at court hearings), 152a (arrest
and committal warrants enforceable by police) and 153a
(where procedures not provided) also apply to proceedings
under the Provincial Offences Act and, for the purpose, a ref- RS.o. i980,
erence in one of those sections to a judge includes a justice of ^'
the peace presiding in the Ontario Court (Provincial
Division). -^^
15. Subsection 109 (3) of the said Act is repealed and the
following substituted therefor:
(3) Only the Court of Appeal, the Unified Family Court Jurisdiction
and the Ontario Court (General Division), may grant equita-| reUe?""^
ble relief, unless otherwise provided.
16. Section 110 of the said Act is amended by striking out
"Supreme Court, the District Court and the Unified Family
Court" in the first and second lines and inserting in lieu
thereof "Court of Appeal, the Unified Family Court and the
Ontario Court (General Division)". I
17. Subsection 114 (1) of the said Act is amended by
striking out "Supreme Court, the District Court or the Unified
Family Court" in the first and second lines and inserting in
lieu thereof "Unified Family Court or the Ontario Court
(General Division)". I
18. — (1) Subsection 118 (1) is repealed and the following
substituted therefor:
(1) In this section, "heahh practitioner" means a person "health
licensed to practise medicine or dentistry in Ontario or any defineT"^'^
other jurisdiction, a psychologist registered under the Psychol- r.s.o. i980,
agists Registration Act or a person certified or registered as a ^- '^^
psychologist by another jurisdiction.
(2) Subsection 118 (2) of the said Act is amended by striking
out "medical" in the fourth line and inserting in lieu thereof
"health".
42
Bill 2
COURTS OF JUSTICE
1989
(3) Subsection 118 (5) of the said Act is amended by striking
out "medical" in tlie second line and inserting in lieu thereof
"health".
19. Subsections 120 (2) and (3) of the said Act are repealed
and the following substituted therefor:
Transfer (2) A proceeding in the Small Claims Court shall not be
ciaTms Colirt transferred under clause (1) (d) to the Ontario Court (General
Division) without the consent of the plaintiff in the proceeding
in the Small Claims Court.
Idem
(2a) A proceeding in the Small Claims Court shall not be
required under subclause (1) (e) (ii) to be asserted by way of
counterclaim in a proceeding in the Ontario Court (General
Division) without the consent of the plaintiff in the proceeding
in the Small Claims Court.
Motions
(3) The motion shall be made to a judge of the Ontario
Court (General Division).
20. — (1) Subsection 121 (1) of the said Act is amended by
striking out "a Supreme Court or District Court action" in the
first line and inserting in lieu thereof "an action in the Ontario
Court (General Division) that is not in the Small Claims
Court". -*^
(2) Subsection 121 (2) of the said Act is amended by striking
out "Actions in which a claim is made for any of the following
kinds of relief shall be heard without a jury:" in the first and
second lines and inserting in lieu thereof "The issues of fact
and the assessment of damages in an action shall be tried with-
out a jury in respect of a claim for any of the following kinds of
relief:".
(3) Paragraph 3 of the said subsection 121 (2) is amended by
striking out ^^ Family Law Reform Act'* in the first and second
lines and inserting in lieu thereof ^* Family Law Act, 1986*\
21. Subsection 122 (2) of the said Act is amended by
striking out "Rules of Civil Procedure" in the second line and
inserting in lieu thereof "rules of court".
22. Subsection 124 (2) of the said Act is repealed and the
following substituted therefor:
Idem
(2) Mutual debts may be set off against each other even if i
they are of a different nature.
1989 COURTS OF JUSTICE Bill 2 43
23. Clause 129 (b) of the said Act is amended by striking
out ^* Family Law Reform Acf* in the first line and inserting in
lieu thereof ''Family Law Act, 1986'\
24. — (1) Clause 133 (1) (a) of the said Act is amended by
striking out ''the" in the first line and inserting in lieu thereof
"a".
(2) Clause 133 (1) (b) of the said Act is amended by striking
out "local judge or".
25. — (1) Subclause 136 (1) (a) (ii) of the said Act is repealed
and the following substituted therefor:
(ii) the area that comprised the County of
Welland as it existed on the 31st day of
December, 1969,
(iia) The Regional Municipality of Ottawa-
Carleton,
(iib) The Municipality of Metropolitan Toronto.
(2) Subsection 136 (6) of the said Act is amended by striking
out "Provincial Court (Family Division) or the Provincial
Court (Civil Division)" in the second and third lines and
inserting in lieu thereof "Ontario Court (Provincial Division)
or the Small Claims Court".
(3) Subsection 136 (7) of the said Act is amended by striking
out "in the Provincial Offences Court where it is" in the
second and third lines and inserting in lieu thereof "under the
Provincial Offences Act in".
26. Subsection 137 (2) of the said Act is amended by
striking out "the Registrar of the Supreme Court" in the first
and second lines and inserting in lieu thereof "a person desig-
nated by the Deputy Attorney General".
27. — (1) Subsection 150 (1) of the said Act is amended by
striking out "Supreme Court" in the first line and in the last
line and inserting in lieu thereof in each instance "Ontario
Court (General Division)".
(2) Subsection 150 (3) of the said Act is amended by striking
out "Supreme Court" in the fourth line and inserting in lieu
thereof "Ontario Court (General Division)".
28. The said Act is further amended by adding thereto the
following sections:
44
Bill 2
COURTS OF JUSTICE
1989
Civil orders
directed to
sheriffs
150a. — (1) Unless an Act provides otherwise, orders of a
court arising out of a civil proceeding and enforceable in
Ontario shall be directed to a sheriff for enforcement.
Police to
assist sheriff
(2) A sheriff who believes that the execution of an order
may give rise to a breach of the peace may require a police
officer to accompany the sheriff and assist in the execution of
the order.
Where
procedures
not provided
Continuation
of
proceedings
in former
courts
153a. Jurisdiction conferred on a court, a judge or a jus-
tice of the peace shall, in the absence of express provision for
procedures for its exercise in any Act, regulation or rule, be
exercised in any manner consistent with the due administra-
tion of justice. 1984, c. 11, s. 62, amended.
29. Sections 157 and 158 of the said Act are repealed and
the following substituted therefor:
157. A proceeding pending in a court set out in column 1
of the Table when this section comes into force is continued in
the court set out opposite to it in column 2.
TABLE
Column 1
1. High Court of Justice
2. District Court
3. surrogate court
4. Provincial Court
(Criminal Division)
5. Provincial Court
(Family Division)
6. Provincial Offences Court
7. Provincial Court
(Civil Division)
Column 2
Ontario Court
(General Division)
Ontario Court
(General Division)
Ontario Court
(General Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Small Claims Court
Former Chief
Judge, etc.
158. — (1) A provincial judge who was a Chief Judge j
Associate Chief Judge or senior judge of the Provincial Courj
(Criminal Division), the Provincial Court (Family Division) oi
the Provincial Court (Civil Division) immediately before thi^
section comes into force shall continue to hold the office oi
provincial judge, is entitled to retain the title of Chief Judge|
Associate Chief Judge or senior judge, as the case may b^
and is entitled to an annual salary equal to the greater of, i
1989 COURTS OF JUSTICE Bill 2
(a) the current annual salary of a provincial judge; or
45
(b) the annual salary the judge received immediately
before this section comes into force.
(2) A master who was the Senior Master immediately Former
before this section comes into force shall continue to hold the mSt
office of master, is entitled to retain the title of Senior Master
and is entitled to an annual salary equal to the greater of,
(a) the current annual salary of a master; or
(b) the annual salary the master received immediately
before this section comes into force.
158a. — (1) A document filed in court that refers to a
court set out in column 1 of the Table to section 160 is not by
that reason invalid and shall be deemed to refer to the court
set out opposite to it in column 2.
Documents
filed
(2) Subsection (1) is repealed one year after this section subsection
comes into force. -^^ repealed
30. Section 159 of the said Act is repealed and the follow-
ing substituted therefor:
159. Where, by an Act or regulation, jurisdiction is con-
ferred on a particular court set out in column 1 of the Table,
the jurisdiction shall be deemed to be conferred on the corre-
sponding court set out in column 2 sitting in the county or dis-
trict of the court named.
Reference to
territorial
jurisdiction
TABLE
Column 1
Column 2
1.
county or district court
Ontario Court
(General Division)
2.
surrogate court
Ontario Court
(General Division)
3.
provincial court
(family division)
Ontario Court
(Provincial Division)
4.
provincial offences court
Ontario Court
(Provincial Division)
5.
small claims court
Small Claims Court
31. Section 160 of the said Act is repealed and the following
substituted therefor:
46
Bill 2
COURTS OF JUSTICE
1989
References to
courts
160. A reference in an Act, rule or regulation to a court
set out in column 1 of the Table is deemed to be a reference
to the court set out opposite to it in column 2.
TABLE
Changes in
terminology
Column 1
1. Supreme Court
2. High Court of Justice
3. county or district court
4. District Court
5. surrogate court
6. small claims court
7. Provincial Court
(Civil Division)
8. provincial court
(criminal division)
9. Provincial Court
(Criminal Division)
10. provincial court
(family division)
11. Provincial Court
(Family Division)
12. provincial offences court
13. Provincial Offences Court
Column 2
Ontario Court
(General Division)
Ontario Court
(General Division)
Ontario Court
(General Division)
Ontario Court
(General Division)
Ontario Court
(General Division)
Small Claims Court
Small Claims Court
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
160a. — (1) A reference in any Act, rule or regulation, or
order or other court process, to a term set out in column 1 of|
the Table, or any form thereof, is deemed to refer to the cor
responding term set out opposite thereto in column 2.
TABLE
Column 1
Column 2
1.
Accountant of the
Court
Supreme
Accountant of the Ontari
Court
2.
administrator ad litem
litigation administrator
3.
certificate of lis pendens
certificate of pending
litigation
4.
conduct money
attendance money
5.
guardian ad litem
litigation guardian
6.
judicial district
county or district
1989
COURTS OF JUSTICE
Bill 2
47
7.
local judge of the High
Court
judge of the Ontario
Court (General Division)
8.
local judge of the Supreme
Court
judge of the Ontario
Court (General Division)
9.
next friend
litigation guardian
10.
originating motion
application
11.
originating notice
notice of application
12.
praecipe
requisition
13.
provisional judicial district
territorial district
14.
a registrar of a surrogate
court
the local registrar of the
Ontario Court
(General Division)
15.
Rules of Civil Procedure
rules of court
16.
Rules Committee
applicable rules committe
17.
Rules Committee of the
Supreme and District
Courts
applicable rules
committee
18.
Rules of Practice and
Procedure of the Supreme
Court of Ontario made by
the Rules Committee
rules of court
19.
special examiner
official examiner
20.
Surrogate Clerk for
Ontario
Estate Registrar for
Ontario
21.
taxation of costs
assessment of costs
22.
taxing officer
assessment officer
23.
writ of fieri facias
writ of seizure and sale
24.
writ of summons
statement of claim or
notice of action
(2) A reference in any Act, rule or regulation to the surro- J'lem,
gate registrar for a particular county or district is deemed to registfaf^for
be a reference to the local registrar of the Ontario Court a county
(General Division) for that county or district.
(3) A reference in any Act, rule or regulation to the clerk '^em, cierk
of a county or district court of a particular county or district is " ^ '^^'""^^
deemed to be a reference to the local registrar of the Ontario
I Court (General Division) for that county or district.
(4) A reference in any Act, rule or regulation to an order, Jdem, order
direction or decision filed with the Registrar of the Supreme Regisr/ar
Court is deemed to be a reference to an order, direction or
decision filed with the Ontario Court (General Division).
160b. Where an Act, rule or regulation provides that a po^"f"^"ts
document is to be filed with, certified to, forwarded to or appearto
transmitted to the Supreme Court or the Registrar of the Divisional
Supreme Court for the purpose of an appeal to the Divisional ^°""
48 Bill 2 COURTS OF JUSTICE 1989
Court, that document shall be filed with, certified to, for-
warded to or transmitted to, as the case may be, the Divi-
sional Court.
References to 160c. — (1) A reference in this Act or any other Act, rule
j^udkia? ^^ or regulation to a county or district for judicial purposes is
purposes deemed to be a reference to the corresponding area that, for
municipal or territorial purposes, comprises the county, dis-
trict, union of counties or regional, district or metropolitan
municipality.
Separated (2) For the purposc of subscction (1), every city, town and
muiucipa ities ^^j^^j. municipality is united to and forms part of the county in
which it is situate.
Exceptions (3) Subscction (1) is subject to the following:
1. A reference in an Act or regulation to a county or
district for judicial purposes is, in the case of The
Regional Municipality of Haldimand-Norfolk,
deemed to be a reference to the following areas:
i. All the area of the County of Haldimand as it
existed on the 31st day of March, 1974.
ii. All the area of the County of Norfolk as it
existed on the 31st day of March, 1974.
2. A reference in an Act or regulation to a county or
district for judicial purposes is, in the case of The
Regional Municipality of Niagara, deemed to be a
reference to the following areas:
i. All the area of the County of Lincoln as it
existed on the 31st day of December, 1969.
ii. All the area of the County of Welland as it
existed on the 31st day of December, 1969.
3. A reference in an Act or regulation to a county orj
district for judicial purposes is, in the case of Thel
Regional Municipality of Sudbury and the Territo-!
rial District of Sudbury, deemed to be a reference!
to all the area in The Regional Municipality ofj
Sudbury and in the Territorial District of Sudbury. I
4. A reference in an Act or regulation to a county oi
district for judicial purposes is, in the case of arj
area described below, deemed to be a reference tc
all the area in the areas described below:
1989 COURTS OF JUSTICE Bill 2 49
i. All the area in the County of Victoria.
ii. All the area in the County of Haliburton.
iii. All the area in any part of the townships of
Sherborne, McClintock, Livingstone, Law-
rence and Nightingale located in Algonquin
Park, so long as the part remains part of
Algonquin Park.
32. Section 212 of the said Act is repealed.
33. This Act comes into force on a day to be named by Commence-
proclamation of the Lieutenant Governor. ""^"^
34. The short title of this Act is the Courts of Justice Short title
Amendment Act, 1989.
Bill 2 Government Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 2
An Act to amend the Courts of Justice Act, 1984
The Hon. I. Scott
Attorney General
1st Reading May 1st, 1989
2nd Reading June 14th, 1989
3rd Reading
Royal Assent
(Reprinted as amended by the Committee of the Whole House)
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
The Bill substantially changes the structure of the Ontario courts.
The present structure of the courts is as follows:
1. The Supreme Court of Ontario has two branches, the Court of Appeal and the
High Court of Justice. The Supreme Court is a superior court with civil and
criminal jurisdiction whose judges are appointed by the federal government.
2. The District Court of Ontario has both civil and criminal jurisdiction but is not
a superior court. Its civil jurisdiction is limited by the Courts of Justice Act,
1984 to claims of less than $25,000 unless both parties agree to let it hear a
claim for a greater amount. Its judges are appointed by the federal govern-
ment.
3. The Divisional Court is a division of the High Court that hears specified
appeals assigned to it by statute and applications for judicial review of a deci-
sion of a board or agency. The judges of the High Court are the judges of the
Divisional Court.
4. There are four courts presided over by provincial judges, the Provincial Court
(Civil Division), the Provincial Court (Family Division), the Provincial Court
(Criminal Division) and the Provincial Offences Court. The Provincial Offences
Court is usually presided over by justices of the peace and the Provincial Court
(Civil Division) is often presided over by part-time deputy judges.
5. The Unified Family Court is a specialized court for family law proceedings in
The Regional Municipality of Hamilton-Wentworth. Its judges are appointed by
the federal government and are also given the power of provincial judges for
their work in the court.
The structure of the Ontario courts proposed by the Bill is as follows:
1. The Court of Appeal will be continued as the final court of appeal for the
Province and will be separated from the High Court.
2. There will be a new court, to be called the Ontario Court of Justice, composed
of two divisions, the General Division and the Provincial Division.
3. The Ontario Court (General Division) will combine the jurisdiction now exer-
cised by the High Court, the District Court and the surrogate courts. The exist-
ing judges of those courts will all become judges of the Ontario Court (General
Division). The General Division will be a superior court.
4. The Divisional Court will be continued with no change in its jurisdiction as a
branch of the Ontario Court (General Division). All of the judges of the Gen-
eral Division will be judges of the Divisional Court.
5. The Small Claims Court will also be a branch of the Ontario Court (General
Division). The monetary limit of the Small Claims Court will be prescribed by
regulation. All of the judges of the General Division will be judges of the
Small Claims Court. In addition, provincial judges who were formerly in the
Provincial Court (Civil Division) will preside over matters in the Small Claims
Court and deputy judges will be appointed for three-year renewable terms to
preside over matters in the Small Claims Court that do not exceed a prescribed
amount. i
I
6. The Ontario Court (Provincial Division) combines the jurisdiction now exer-l
cised by the Provincial Court (Criminal Division), the Provincial Court (Family j
Division) and the Provincial Offences Court. The existing judges of those
courts will all become judges of the Ontario Court (Provincial Division).
7. The Unified Family Court is established as a superior court but is otherwise
not changed.
A judge of the General Division will be appointed as Chief Justice of the Ontario
Court to manage judicial resources for the General Division of the Ontario Court of Jus-
tice. A provincial judge will be appointed as Chief Judge of the Ontario Court (Provin-
cial Division) to manage judicial resources for the Provincial Division.
The Province will be divided into regions for judicial purposes, with the number and
area of the regions to be prescribed by regulation. A judge of the General Division will
be appointed as regional senior judge of the General Division for each region to manage
judicial resources for the General Division in the region, subject to the authority of the
Chief Justice of the Ontario Court. A provincial judge will be appointed as regional
senior judge of the Provincial Division for each region to manage judicial resources for
the Provincial Division in the region, subject to the authority of the Chief Judge of the
Ontario Court (Provincial Division).
The Chief Judge of the Ontario Court (Provincial Division) and the regional senior
judges of the Provincial Division will be appointed to their administrative positions for
five-year terms, after which they will return to being provincial judges.
The Ontario Courts Advisory Council will be replaced by the Ontario Courts Man-
agement Committee. In addition, each region will have a Regional Courts Management
Committee consisting of the regional senior judges, the regional director of courts
administration, the regional director of Crown attorneys and representatives of the
regional bar and the public.
The Bill will also restructure rule-making for the courts. Part V of the existing Act
establishes the Rules Committee of the Supreme and District Courts and provides for the
making of rules of practice and procedure for civil proceedings in those courts. The Bill
will establish three separate rules committees, the Civil Rules Committee, the Family
Rules Committee and the Criminal Rules Committee, each to make rules in their respec-
tive areas.
Some of the other changes to the Act are as follows:
1. The number of judges of the Court of Appeal will be fixed by regulation rather
than by statute.
2. Every judge of the General Division must be assigned to a particular region
and there must be at least one judge of the General Division assigned to each
county or district.
3. The judges of the Ontario Court of Justice are required to meet at least once
each year and the judges of the Ontario Court in each region are required to
meet at least once in each year to consider the Act, the rules and the adminis-
tration of justice.
4. A limit on costs in the Small Claims Court is set at 15 per cent of the amount
claimed unless the court considers it necessary in the interests of justice to
penalize a person for unreasonable behaviour in the proceeding.
5. The Act now provides that the Province will pay $3,000 each year to federally
appointed judges. Although these payments will continue for judges appointed
before the Bill comes into force, no payments will be made to future appoint-
ees.
6. There is no provision for the appointment of new masters.
7. The Lieutenant Governor in Council will be permitted to prescribe the form of
the gown worn in court by all judges appointed after the Bill comes into force.
8. All General Division and Unified Family Court judges may be addressed as
"Your Honour" or as "Mr. or Mme. Justice", subject to the right of former
High Court judges to elect to be addressed according to the old practice.
9. Errors in the Act are corrected with respect to jury trials (section 121) and set-
ting off mutual debts (section 124). The medical examination provision of the
Act (section 118) is amended to permit a court to order an examination by a
registered psychologist.
10. The salaries of former Chief Judges, Associate Chief Judges and senior judges
of the provincial courts and of the Senior Master are protected and they are
permitted to retain their titles.
11. The transitional provisions and complementary amendments in the Act are
amended to ensure the continuation of existing court proceedings in the new
courts and to deem references to courts in other statutes to be references to
the new courts.
The Bill is accompanied by the Court Reform Statute Law Amendment Act, 1989,
which repeals the Sheriffs Act and makes consequential amendments to 52 other statutes.
Bill 2 1989
An Act to amend the Courts of Justice Act, 1984
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Section 1 of the Courts of Justice Act, 1984, being chapter
11, is repealed and the following substituted therefor:
1. In this Act, Definitions
"action" means a civil proceeding that is not an application
and includes a proceeding commenced by,
(a) claim,
(b) statement of claim,
(c) notice of action,
(d) counterclaim,
(e) crossclaim,
(f) third or subsequent party claim, or
(g) divorce petition or counterpetition;
"application" means a civil proceeding that is commenced by
notice of application or by application;
"defendant" means a person against whom an action is com-
menced;
"hearing" includes a trial;
"motion" means a motion in a proceeding or an intended
proceeding;
"order" includes a judgment or decree;
Bill 2
COURTS OF JUSTICE
1989
"plaintiff means a person who commences an action;
"region" means a region prescribed under section 92a.
1984, c. 11, s. 1, amended.
2. Parts I and II, Part III, as amended by the Statutes of
Ontario, 1984, chapter 55, section 213, 1984, chapter 64, sec-
tion 1, 1985, chapter 1, section 4, 1986, chapter 7, section 15
and 1987, chapter 1, sections 1, 2 and 3, Part IV, as amended
by the Statutes of Ontario, 1984, chapter 55, section 213, 1984,
chapter 64, sections 2, 3, 4 and 5 and 1987, chapter 1, sections
4, 5 and 6 and Part V, as amended by the Statutes of Ontario,
1984, chapter 64, sections 6 and 7, of the said Act are repealed
and the following substituted therefor:
PARTI
Court of Appeal for Ontario
Court of
Appeal
2. — (1) The branch of the Supreme Court of Ontario
named the Court of Appeal for Ontario is continued as a
superior court of record named the Court of Appeal for
Ontario.
Idem
(2) In exercising its jurisdiction, the Court of Appeal has all
the power and authority historically exercised by courts of
common law and equity in England and Ontario. 1984,
c. 11, s. 2, amended.
Composition
of court
Number of
judges
3. — (1) The Court of Appeal shall consist of,
(a) the Chief Justice of Ontario, who shall be president
of the court;
(b) the Associate Chief Justice of Ontario; and
(c) such number of other judges as is fixed under sub-
section (2), to be called justices of appeal. 1984,
c. 11, s. 3 (1), amended.
(2) The Lieutenant Governor in Council may by regulation
fix the number of judges of the Court of Appeal who are in |
addition to the Chief Justice and the Associate Chief Justice.
Idem
Additional
judges
(3) A reduction in the number of judges does not affectj
appointments existing at the time of the reduction. New. j
(4) There shall be such additional offices of judge of the|
Court of Appeal as are from time to time required, to be heldl
by Chief Justices of Ontario and Associate Chief Justices of
1989 COURTS OF JUSTICE Bill 2
Ontario who have elected under the Judges Act (Canada) to Rs.c. i985
perform only the duties of a judge of the Court of Appeal.
1984, c. 11, s. 6 (1), amended.
j-i
(5) There shall be such additional offices of supernumerary Super-
judge of the Court of Appeal as are from time to time jlld^er'^
required, to be held by judges of the Court of Appeal who
have elected under the Judges Act (Canada) to hold office
only as a supernumerary judge of the court. 1984, c. 11,
s. 6 (3), amended.
4. — (1) The Chief Justice of Ontario, with the concurrence Assignment
of the Chief Justice of the Ontario Court, may assign a judge from General
of the Ontario Court (General Division) to perform the work Division
of a judge of the Court of Appeal. 1984, c. 11, s. 9 (2),
amended.
(2) A judge of the General Division is, by virtue of his or General
her office, a judge of the Court of Appeal and has all the judges'"
jurisdiction, power and authority of a judge of the Court of
Appeal. 1984, c. 11, s. 8, amended.
5. — (1) The Chief Justice of Ontario has general super- Jokers and
vision and direction over the sittings of the Court of Appeal chief justice
and the assignment of the judicial duties of the court. 1984,
c. 11, s. 18(5).
(2) If the Chief Justice of Ontario is absent from Ontario or :^bsence of
Chief Justice
is for any reason unable to act, his or her powers and duties
shall be exercised and performed by the Associate Chief
Justice of Ontario.
(3) If the Chief Justice of Ontario and the Associate Chief Absence of
Justice of Ontario are both absent from Ontario or for any cwef^'justice
reason unable to act, the powers and duties of the Chief
Justice shall be exercised and performed by a judge of the
Court of Appeal designated by the Chief Justice or Associate
Chief Justice. 1984, c. 11, s. 3 (2), amended.
6. — (1) An appeal lies to the Court of Appeal from, Court of
jurisdiction
(a) an order of the Divisional Court, on a question that
is not a question of fact alone, with leave as pro-
vided in the rules of court;
(b) a final order of a judge of the Ontario Court
(General Division), except an order referred to in
clause 18 (1) (a);
Bill 2
COURTS OF JUSTICE
1989
(c) a certificate of assessment of costs issued in a pro-
ceeding in the Court of Appeal, on an issue in
respect of which an objection was served under the
rules of court. 1984, c. 11, s, 17 (1), amended.
Combining of (2) The Court of Appeal has jurisdiction to hear and deter-
of£^ courts' mine an appeal that lies to the Divisional Court or the
Ontario Court (General Division) if an appeal in the same
proceeding lies to and is taken to the Court of Appeal.
Idem
(3) The Court of Appeal may, on motion, transfer an
appeal that has already been commenced in the Divisional
Court or the Ontario Court (General Division) to the Court
of Appeal for the purpose of subsection (2). 1984, c. 11,
s. 17 (2), amended.
Composition 7. — (1) A proceeding in the Court of Appeal shall be
hearings "'^ heard and determined by not fewer than three judges sitting
together, and always by an uneven number of judges. 1984,
c. 11, s. 18 (1), amended.
Idem,
motions
(2) A motion in the Court of Appeal and an appeal under
clause 6 (1) (c) shall be heard and determined by one judge.
Idem
(3) Subsection (2) does not apply to a motion for leave to
appeal, a motion to quash an appeal or any other motion that
is specified by the rules of court.
Idem
(4) A judge assigned to hear and determine a motion may
adjourn the motion to a panel of the Court of Appeal.
Idem
(5) A panel of the Court of Appeal may, on motion, set
aside or vary the decision of a judge who hears and deter-
mines a motion. 1984, c. 11, s. 18 (3), amended.
CouTor* *° 8. — (1) The Lieutenant Governor in Council may refer any
Appeal question to the Court of Appeal for hearing and considera-
tion.
Ojjnion of (2) The court shall certify its opinion to the Lieutenant
Governor in Council, accompanied by a statement of the rea-
sons for it, and any judge who differs from the opinion may
certify his or her opinion and reasons in the same manner.
(3) On the hearing of the question, the Attorney General
Submissions
General of Ontario is entitled to make submissions to the court.
Idem
(4) The Attorney General of Canada shall be notified andj
is entitled to make submissions to the court if the question j
relates to the constitutional validity or constitutional applica-!
1989 COURTS OF JUSTICE Bill 2 5
bility of an Act, or of a regulation or by-law made under an
Act, of the Parliament of Canada or the Legislature.
(5) The court may direct that any person interested, or any Notice
one or more persons as representatives of a class of persons
interested, be notified of the hearing and be entitled to make
submissions to the court.
(6) If an interest affected is not represented by counsel, the Appointment
court may request counsel to argue on behalf of the interest
and the reasonable expenses of counsel shall be paid by the
Treasurer of Ontario.
(7) The opinion of the court shall be deemed to be a Appeal
judgment of the court and an appeal lies from it as from a
judgment in an action. 1984, c. 11, s. 19.
PART II
Ontario Court of Justice
9. — (1) The Ontario Court of Justice is estabUshed. Ontario
^ ' Court
(2) The Ontario Court shall consist of two divisions, the Divisions
General Division and the Provincial Division. New.
ONTARIO court (GENERAL DIVISION)
10.— (1) The branch of the Supreme Court of Ontario gfJIJ^'J^^
named the High Court of Justice for Ontario is continued as a
superior court of record named the Ontario Court (General
Division).
(2) The General Division has all the jurisdiction, power ^^^'^
and authority historically exercised by courts of common law
and equity in England and Ontario. 1984, c. 11, s. 2 (1),
amended.
11. — (1) The General Division shall consist of, composition
of General
(a) the Chief Justice of the Ontario Court, who shall be
president of the Ontario Court;
(b) a regional senior judge of the General Division for
each region;
(c) a senior judge of the General Division for the
Unified Family Court; and
Division
Bill 2
COURTS OF JUSTICE
1989
(d) such number of judges of the General Division as is
fixed under clause 52 (1) (a). 1984, c. 11, s. 4 (1),
amended.
Additional
judges
R.S.C. 1985,
c. J-1
Super-
numerary
judges
Assignment
of judges
from Court
of Appeal
Court of
Appeal
judges
(2) There shall be such additional offices of judge of the
General Division as are from time to time required, to be held
by Chief Justices of the Ontario Court and regional senior
judges of the General Division who have elected under the
Judges Act (Canada) to perform only the duties of a judge of
the Ontario Court. 1984, c. 11, s. 6 (1), amended.
(3) There shall be such additional offices of supernumerary
judge of the General Division as are from time to time
required, to be held by judges of the General Division who
have elected under the Judges Act (Canada) to hold office
only as a supernumerary judge of that division. 1984, c. 11,
s. 6 (3), amended.
12. — (1) The Chief Justice of Ontario, with the concur-
rence of the Chief Justice of the Ontario Court, may assign a
judge of the Court of Appeal to perform the work of a judge
of the General Division. 1984, c. 11, s. 9 (1), amended.
(2) A judge of the Court of Appeal is, by virtue of his or
her office, a judge of the General Division and has all the
jurisdiction, power and authority of a judge of the General
Division. 1984, c. 11, s. 8, amended.
Powers and
duties of
Chief Justice
of Ontario
Court
Regional
senior
judges,
General
Division
Delegation
Absence of
Chief Justice
of Ontario
Court
Absence of
regional
senior judge
of General
Division
13.— (1) The Chief Justice of the Ontario Court shall
direct and supervise the sittings of the Ontario Court (General
Division) and the assignment of its judicial duties.
(2) A regional senior judge of the General Division shall,
subject to the authority of the Chief Justice of the Ontario
Court, exercise the powers and perform the duties of the
Chief Justice in respect of the General Division in his or her
region.
(3) A regional senior judge of the General Division may
delegate to a judge of the General Division in his or heri
region the authority to exercise specified functions. New.
(4) If the Chief Justice of the Ontario Court is absent from |
Ontario or is for any reason unable to act, his or her powers!
and duties shall be exercised and performed by a regional
senior judge of the General Division designated by the Chief
Justice of the Ontario Court. 1984, c. 11, s. 4 (3), amended. I
(5) The powers and duties of a regional senior judge of the
General Division who is absent from Ontario or is for any rea
1989
COURTS OF JUSTICE
Bill 2
son unable to act shall be exercised and performed by a judge
of the General Division designated by the Chief Justice of the
Ontario Court.
(6) The Chief Justice of the Ontario Court may hold meet- Meetings
ings with the regional senior judges of the General Division in ^niorfudges
order to consider any matters concerning sittings of the Gen-
eral Division and the assignment of its judicial duties. New.
14. — (1) The Chief Justice of the Ontario Court shall
Judges
assigned to
assign every judge of the General Division to a region and regions
may re-assien a judge from one region to another.
(2) There shall be at least one judge of the General At least one
Division assigned to each county and district. counV" ^^^
(3) No judge of the General Division who was a judge of "ig^ court
the High Court of Justice or the District Court of Ontario court judges
before this section comes into force shall be assigned without
his or her consent to a region other than the region in which
he or she resided immediately before this section comes into
force.
(4) Subsections (1) to (3) do not prevent the temporary wem
assignment of a judge to a location anywhere in Ontario.
New.
15. A proceeding in the General Division shall be heard Composition
and determined by one judge of the General Division. 1984, hea'rinj °^
c. 11, s. 14 (1), amended.
16. An appeal lies to the General Division from,
(a) an interlocutory order of a master;
(b) a certificate of assessment of costs issued in a pro-
ceeding in the General Division, on an issue in
respect of which an objection was served under the
rules of court. 1984, c. 11, s. 13 (2), amended.
Appeals to
General
Division
DIVISIONAL COURT
17. — (1) There shall be a branch of the General Division Divisional
to be known as the Divisional Court consisting of the Chief "^^
Justice of the Ontario Court who shall be president of the
court and such other judges of the General Division as the
Chief Justice designates from time to time.
(2) Every judge of the General Division is also a judge of Jurisdiction
the Divisional Court. 1984, c. 11, s. 5, amended. °^ J"''^^'
8 Bill 2 COURTS OF JUSTICE 1989
Divisional jg, — (1) An appeal lies to the Divisional Court from,
Court ^ ' ^^
jurisdiction
(a) a final order of a judge of the General Division,
(i) for a single payment of not more than
$25,000, exclusive of costs,
(ii) for periodic payments that amount to not
more than $25,000, exclusive of costs, in the
twelve months commencing on the date the
first payment is due under the order,
(iii) dismissing a claim for an amount that is not
more than the amount set out in subclause (i)
or (ii), or
(iv) dismissing a claim for an amount that is more
than the amount set out in subclause (i) or (ii)
and in respect of which the judge indicates
that if the claim had been allowed the amount
awarded would have been not more than the
amount set out in subclause (i) or (ii);
(b) an interlocutory order of a judge of the General
Division, with leave as provided in the rules of
court;
(c) a final order of a master. 1984, c. 11, s, 15 (1),
amended.
Combining of (2) The Divisional Court has jurisdiction to hear and deter-
GeSai ^°^ mine an appeal that lies to the General Division if an appeal
Division in the same proceeding lies to and is taken to the Divisional
Court.
^^^^ (3) The Divisional Court may, on motion, transfer an
appeal that has already been commenced in the General
Division to the Divisional Court for the purpose of subsection
(2). 1984, c. 11, s. 15 (2), amended.
inteSomo'" (4) No appeal lies from an interlocutory order of a judge of i
orders the General Division made on an appeal from an interlocutory i
order of the Provincial Division. 1984, c. 11, s. 36 (4), I
amended. i
hea?d1n ^^* — ^^. ^^ appeal to the Divisional Court shall be heard j
regions in the region in which the order appealed from was made,j
unless the parties agree otherwise.
1989
COURTS OF JUSTICE
Bill 2
(2) Any other proceeding in the Divisional Court may be other
^ orocccQinss
brought in any region. New. in any region
20. — (1) A proceeding in the Divisional Court shall be Composition
heard and determined by three judges sitting together. hearings
(2) A proceeding in the Divisional Court may be heard and ^^^^
determined by one judge where the proceeding,
(a) is an appeal under clause 18 (1) (c);
(b) is an appeal under section 30 from a provincial
judge or a deputy judge presiding over the Small
Claims Court; or
(c) is in a matter that the Chief Justice of the Ontario
Court or a judge designated by the Chief Justice is
satisfied, from the nature of the issues involved and
the necessity for expedition, can and ought to be
heard and determined by one judge.
(3) A motion in the Divisional Court shall be heard and Wem,
determined by one judge, unless otherwise provided by the
rules of court.
(4) A judge assigned to hear and determine a motion may ^^^"^
adjourn it to a panel of the Divisional Court.
(5) A panel of the Divisional Court may, on motion, set ^^^"^
aside or vary the decision of a judge who hears and deter-
mines a motion. 1984, c. 11, s. 16, amended.
SMALL CLAIMS COURT
21. — (1) There shall be a branch of the General Division Smaii Claims
to be known as the Small Claims Court consisting of the Chief
Justice of the Ontario Court who shall be president of the
court and such other judges of the General Division as the
Chief Justice designates from time to time.
(2) Every judge of the General Division is also a judge of Jurisdiction
the Small Claims Court. New. °^ ^"'^^^
22. — (1) The Small Claims Court,
(a) has jurisdiction in any action for the payment of
money where the amount claimed does not exceed
the prescribed amount exclusive of interest and
costs; and
Jurisdiction
10
Bill 2
COURTS OF JUSTICE
1989
(b) has jurisdiction in any action for the recovery of
possession of personal property where the value of
the property does not exceed the prescribed
amount. 1984, c. 11, s. 78 (1), amended.
Transfer (2) An action in the General Division may be transferred to
feion "'''' the Small Claims Court by the local registrar of the General
Division on requisition with the consent of all parties filed
before the trial commences if,
(a) the only claim is for the payment of money or the
recovery of possession of personal property; and
(b) the claim is within the jurisdiction of the Small
Claims Court.
Wem (3) An action transferred to the Small Claims Court shall
be titled and continued as if it had been commenced in that
court, 1984, c. 11, s. 84, amended.
Composition 23. — (1) A proceeding in the Small Claims Court shall be
hearings °^ heard and determined by one judge of the General Division.
Provincial
judge or
deputy judge
may preside
(2) A proceeding in the Small Claims Court may also be
heard and determined by,
(a) a provincial judge who was assigned to the Provin-
cial Court (Civil Division) immediately before this
section comes into force; or
Where
deputy judge
not to
preside
(b) a deputy judge appointed under section 31.
(3) A deputy judge shall not hear and determine an action,
(a) for the payment of money in excess of the pre-
scribed amount; or
(b) for the recovery of possession of personal property
exceeding the prescribed amount in value. New.
24, The Small Claims Court shall hear and determine in a
summary way all questions of law and fact and may make such
order as is considered just and agreeable to good conscience.
1984, c. 11, s. 78 (3), amended.
Representation 25. A party may be represented in a proceeding in the
Small Claims Court by counsel or an agent but the court may
exclude from a hearing anyone, other than a barrister and
solicitor qualified to practise in Ontario, appearing as an agent
on behalf of a party if it finds that such person is not compe-
Summary
hearings
1989 COURTS OF JUSTICE Bill 2 11
tent properly to represent the party or does not understand
and comply at the hearing with the duties and responsibilities
of an advocate. 1984, c. 11, s. 79, amended.
26.— (1) Subject to subsections (3) and (4), the Small Evidence
Claims Court may admit as evidence at a hearing and act
upon any oral testimony and any document or other thing so
long as the evidence is relevant to the subject-matter of the
proceeding, but the court may exclude anything unduly repeti-
tious.
(2) Subsection (1) applies whether or not the evidence is ^'^^^
given or proven under oath or affirmation or admissible as
evidence in any other court.
(3) Nothing is admissible in evidence at a hearing, wem
(a) that would be inadmissible by reason of any privi-
lege under the law of evidence; or
(b) that is inadmissible by any Act.
(4) Nothing in subsection (1) overrides the provisions of Conflicts
any Act expressly limiting the extent to or purposes for which
any oral testimony, documents or things may be admitted or
used in evidence in any proceeding.
(5) A copy of a document or any other thing may be admit- Copies
ted as evidence at a hearing if the presiding judge is satisfied
as to its authenticity. 1984, c. 11, s. 80, amended.
27. The Small Claims Court may order the times and the i'^^^fjf^"^
proportions in which money payable under an order of the
court shall be paid. 1984, c. 11, s. 81, amended.
orders
28. An award of costs in the Small Claims Court, other Limit on
than disbursements, shall not exceed 15 per cent of the '^"^^^
amount claimed or the value of the property sought to be
recovered unless the court considers it necessary in the inter-
ests of justice to penalize a party, counsel or agent for unrea-
sonable behaviour in the proceeding. New.
29. Orders of the Small Claims Court shall be directed to Enforcement
a bailiff appointed under subsection 32 (1) for enforcement, ° °'^ ^'^^
unless otherwise provided by the rules of court. 1984, c. 11,
s. 82, amended.
30. An appeal lies to the Divisional Court from a final Appeals
order of the Small Claims Court in an action,
12
Bill 2
COURTS OF JUSTICE
1989
(a) for the payment of money in excess of $500, exclud-
ing costs; or
(b) for the recovery of possession of personal property
exceeding $500 in value. 1984, c. 11, s. 83,
amended.
Deputy
judges
Idem
31. — (1) A regional senior judge of the General Division
may, with the approval of the Attorney General, appoint a
barrister and solicitor to act as a deputy judge of the Small
Claims Court for a term of three years.
(2) A regional senior judge of the General Division may
renew the appointment of a deputy judge for one or more
three-year terms.
Idem
(3) The appointment of a person who was a deputy judge
immediately before this section comes into force is deemed to
be renewed under subsection (2) on the day this section comes
into force. New.
b'Tff^f'^ 32. — (1) There shall be a clerk and one or more bailiffs
Small Claims for cach division of the Small Claims Court who shall be
Court appointed by the Lieutenant Governor in Council.
Idem
(2) With the approval of the Deputy Attorney General or
the person designated by the Deputy Attorney General, every
clerk and bailiff of the Small Claims Court in a division that is
not designated under clause 52 (1) (g) may appoint in writing
a deputy who may exercise and perform all the powers and
duties of the clerk or bailiff.
Referee
(3) The Lieutenant Governor in Council may appoint a
referee for a division of the Small Claims Court. 1984, c. 11,
s. 86 (4, 5), amended.
PROVINCIAL DIVISION
Provincial
Division
Composition
of Provincial
Division
33. The Provincial Court (Criminal Division), the Provin-
cial Court (Family Division) and the Provincial Offences
Court are amalgamated and continued as a court of record
named the Ontario Court (Provincial Division). New.
34. The Provincial Division shall consist of,
(a) the Chief Judge of the Provincial Division
appointed under subsection 41 (3), who shall be
president of the Provincial Division;
1989
COURTS OF JUSTICE
Bill 2
13
(b) a regional senior judge of the Provincial Division
appointed under subsection 41 (4) for each region;
and
(c) such provincial judges as are appointed under
subsection 41 (1). New.
35. — (1) The Chief Judge of the Provincial Division shall Powers and
direct and supervise the sittings of the Provincial Division and chief Judge
the assignment of its judicial duties. 1984, c.
amended.
11, S. 63 (5), of Provincial
Division
(2) A regional senior judge of the Provincial Division shall. Regional
subject to the authority of the Chief Judge of the Provincial j^udgTs,
Division, exercise the powers and perform the duties of the Provincial
Chief Judge of the Provincial Division in his or her region.
(3) A regional senior judge of the Provincial Division may Delegation
delegate to a judge of the Provincial Division in his or her
region the authority to exercise specified functions. New.
(4) If the Chief Judge of the Provincial Division is absent ^^^^"f ^^
Chief Juuce
from Ontario or is for any reason unable to act, his or her of Provincial
powers and duties shall be exercised and performed by a Division
regional senior judge of the Provincial Division designated by
the Chief Judge of the Provincial Division. 1984, c. 11,
s. 63 (7), amended.
(5) The powers and duties of a regional senior judge of the Absence of
Provincial Division who is absent from Ontario or is for any senior%dge
reason unable to act shall be exercised and performed by a of Provincial
judge of the Provincial Division designated by the Chief Judge '^'^'°"
of the Provincial Division.
(6) The Chief Judge of the Provincial Division may hold Meetings
meetings with the regional senior judges of the Provincial ^niorfudges
Division in order to consider any matters concerning sittings
of the Provincial Division and the assignment of its judicial
duties. New.
36.— (1) The Chief Judge of the Ontario Court (Provincial ^^jj^^'^^ ^^
Division) shall assign every provincial judge to a region and '^^^'^"^
may re-assign a judge from one region to another.
regions
Idem
(2) Subsection (1) does not prevent the temporary assign-
ment of a provincial judge to a location anywhere in Ontario.
New.
37. — (1) A provincial judge has the power and authority C""™'"^!
of two or more justices of the peace when sitting in the ^""^ "^^'°"
14
Bill 2
COURTS OF JUSTICE
1989
Provincial Division and shall exercise the powers and perform
the duties that any Act of the Parliament of Canada confers
on a provincial court judge when sitting in the Provincial
Division. 1984, c. 11, s. 67 (1), amended.
Provincial
offences and
family
jurisdiction
R.S.O. 1980,
c. 400
1986, c. 4
R.S.O. 1980,
c. 68
1984, c. 55
Youth court
jurisdiction
R.S.C. 1985,
c. Y-1
(2) The Provincial Division shall perform any function
assigned to it by or under the Provincial Offences Act, the
Family Law Act, 1986, the Children's Law Reform Act, the
Child and Family Services Act, 1984 or any other Act. 1984,
c. 11, s. 69, s. 75 (1) (a), (k), amended.
(3) The Provincial Division is a youth court for the pur-
poses of the Young Offenders Act (Canada). 1984, c. 11,
s. 67 (2), s. 75 (1) (b), amended.
Judge to
preside
38. — (1) A proceeding in the Provincial Division shall be
heard and determined by one judge of the Provincial Division.
1984, c. 11, s. 66 (2), s. 74 (2), amended.
Justice of the
peace may
preside
R.S.O. 1980,
c. 400
Appeals
(2) A justice of the peace may preside over the Provincial
Division in a proceeding under the Provincial Offences Act.
1984, c. 11, s. 68 (2), amended.
39. — (1) If no provision is made concerning an appeal
from an order of the Provincial Division, an appeal lies to the
General Division.
Exception (2) Subscction (1) does not apply to a proceeding under the
RS;C. 1985, Criminal Code (Canada) or the Provincial Offences Act.
1987, c. 1, s. 6, amended.
Penalty for
disturbance
outside
courtroom
Appointment
or provincial
judges
40. Any person who knowingly disturbs or interferes with
a proceeding in the Provincial Division without reasonable
justification while outside the courtroom is guilty of an
offence and on conviction is liable to a fine of not more than
$1,000 or to imprisonment for a term of not more than thirty
days, or to both. 1984, c. 11, s. 72, amended.
PROVINCIAL JUDGES
41. — (1) The Lieutenant Governor in Council, on the
recommendation of the Attorney General, may appoint such
provincial judges as are considered necessary.
Qualifications
(2) No person shall be appointed as a provincial judge j
unless he or she has been a member of the bar of one of the j
provinces of Canada for at least ten years. 1984, c. 11, s. 52. i
1989 COURTS OF JUSTICE Bill 2 15
(3) The Lieutenant Governor in Council may appoint a chief judge
provincial judge as Chief Judge of the Provincial Division.
1984, c. 11, s. 63 (1), amended.
(4) The Lieutenant Governor in Council may appoint a Regional
provincial judge to be the regional senior judge of the Provin- ^^"'""^ ^" ^^^
cial Division for each region.
(5) The Chief Judge of the Provincial Division and the Term of
regional senior judges of the Provincial Division shall hold
office for five years.
(6) If a successor is not appointed within five years, the '''em
Chief Judge or a regional senior judge shall continue in office
until the successor is appointed, but in no case shall the Chief
Judge or regional senior judge hold office for more than seven
years.
(7) A Chief Judge or a regional senior judge whose term of Former chief
office expires under subsection (5) or (6) shall continue to " ^^' ^^'^'
hold the office of provincial judge and is entitled to an annual
salary equal to the greater of,
(a) the current annual salary of a provincial judge; or
(b) the annual salary he or she received immediately
before ceasing to be Chief Judge or regional senior
judge.
(8) A Chief Judge or regional senior judge whose term of chief Judge,
office expires under subsection (5) or (6) shall not be be^ ' "°* ^°
reappointed to the same position. New. reappointed
42. — (1) A provincial judge shall devote his or her whole 2!.^er
time to the performance of his or her duties as a judge, except
as authorized by the Lieutenant Governor in Council.
employment
(2) Despite subsection (1), a provincial judge who, before ^^^^
the 1st day of January, 1985, had the consent of the Attorney
General to act as an arbitrator or conciliator may continue to
so act. 1984, c. 11, s. 53, amended.
43. — (1) Every provincial judge shall retire upon attaining Retirement
the age of sixty-five years.
(2) Despite subsection (1), a provincial judge appointed as '''em
a full-time magistrate, judge of a juvenile and family court or
master before the 2nd day of December, 1968 shall retire
upon attaining the age of seventy years.
16
Bill 2
COURTS OF JUSTICE
1989
Continuation
of judges in
office
Idem
Continuation
of regional
senior judge
in office
Idem
Continuation
of
Co-ordinator
in office
1989, c. 46
Idem
Continuation
in office of
Chief Judge
of Provincial
Division
Resignation
of judge
Resignation
as Chief
Judge, etc.
(3) A judge who has attained the age of sixty-five years
may, subject to the annual approval of the Chief Judge of the
Provincial Division, continue in office as a full-time or part-
time judge until he or she attains the age of seventy years.
(4) A judge who has attained the age of seventy years may,
subject to the annual approval of the Judicial Council, con-
tinue in office as a full-time or part-time judge until he or she
has attained the age of seventy-five years.
(5) Subject to subsections 41 (5) and (6), a regional senior
judge of the Provincial Division who is in office upon attain-
ing the age of sixty-five years may, subject to the annual
approval of the Chief Judge of the Provincial Division, con-
tinue in that office until he or she has attained the age of sev-
enty years.
(6) Subject to subsections 41 (5) and (6), a regional senior
judge of the Provincial Division who is in office upon attain-
ing the age of seventy years may, subject to the annual
approval of the Judicial Council, continue in that office until
he or she has attained the age of seventy-five years.
(7) Subject to subsections 13 (2) and (3) of the Justices of
the Peace Act, 1989, if the Co-ordinator of Justices of the
Peace is in office upon attaining the age of sixty-five years, he
or she may, subject to the annual approval of the Chief Judge
of the Provincial Division, continue in that office until he or
she has attained the age of seventy years.
(8) Subject to subsections 13 (2) and (3) of the Justices of
the Peace Act, 1989, if the Co-ordinator of Justices of the
Peace is in office upon attaining the age of seventy years, he
or she may, subject to the annual approval of the Judicial
Council, continue in that office until he or she has attained
the age of seventy-five years. New.
(9) Subject to subsections 41 (5) and (6), if the Chief Judge
of the Provincial Division is in office upon attaining the age
for retirement under subsection (1) or (2), he or she may, sub-
ject to the annual approval of the Judicial Council, continue
in that office until he or she has attained the age of seventy-
five years. 1984, c. 11, s. 54, amended.
44. — (1) A provincial judge may at any time resign from
his or her office by delivering a signed letter of resignation to
the Attorney General, i
(2) A Chief Judge or a regional senior judge may, before \
the expiry of his or her term of office under subsection 41 (5) !
1989 COURTS OF JUSTICE Bill 2 17
or (6), elect to hold the office of a provincial judge only, by
delivering a signed letter to that effect to the Attorney
General.
(3) The Co-ordinator of Justices of the Peace may, before Resignation
the expiry of his or her term of office under subsection 13 (2) coordinator
or (3) of the Justices of the Peace Act, 1989, elect to hold the i989, c. 46
office of a provincial judge only, by delivering a signed letter
to that effect to the Attorney General. New.
(4) A resignation or election under this section takes effect Effective
on the day the letter is delivered to the Attorney General or,
if the letter specifies a later day, on that day. 1984, c. 11,
s. 55, s. 65, amended.
45. — (1) A provincial judge may be removed from office Removal for
before attaining retirement age only if,
(a) a complaint regarding the judge has been made to
the Judicial Council; and
(b) the removal is recommended by an inquiry held
under section 49 on the ground that the judge has
become incapacitated or disabled from the due exe-
cution of his or her office by reason of,
(i) infirmity,
(ii) conduct that is incompatible with the execu-
tion of his or her office, or
(iii) having failed to perform the duties of his or
her office.
(2) An order removing a provincial judge from office under Order for
this section may be made by the Lieutenant Governor on the ^^"^^''^^
address of the Legislative Assembly. 1984, c. 11, s. 56,
amended.
46. — (1) The Judicial Council for Provincial Judges is con- Judicial
tinned as the Ontario Judicial Council and shall be composed
of,
(a) the Chief Justice of Ontario, who shall preside over
the Ontario Judicial Council;
(b) the Associate Chief Justice of Ontario;
(c) the Chief Justice of the Ontario Court;
18
Bill 2
COURTS OF JUSTICE
1989
(d) the Chief Judge of the Ontario Court (Provincial
Division);
(e) the Treasurer of The Law Society of Upper
Canada; and
(f) not more than two other persons appointed by the
Lieutenant Governor in Council.
Quorum
Staff
R.S.O. 1980,
c. 418
(2) A majority of members of the Judicial Council consti-
tutes a quorum and is sufficient for the exercise of all the
jurisdiction and powers of the Judicial Council.
(3) Such officers and employees of the Judicial Council as
are considered necessary may be appointed under the Public
Service Act.
Expert
assistance
(4) The Judicial Council may engage persons, including
counsel, to assist it in its investigations. 1984, c. 11, s. 57,
amended.
Transition
(5) An investigation commenced by the Judicial Council
before this section comes into force shall be continued by the
Judicial Council as it was constituted before this section comes
into force. New.
Functions
Liability for
damages
Investigation
of complaints
Referral to
Chief Judge
47. — (1) The functions of the Judicial Council are,
(a) to consider all proposed appointments of provincial
judges and make a report on them to the Attorney
General;
(b) to receive and investigate complaints against provin-
cial judges.
(2) No action or other proceeding for damages shall be
instituted against the Judicial Council or any member or offi-
cer of it or any person acting under its authority for any act
done in good faith in the execution or intended execution of
its or his or her duty. 1984, c. 11, s. 58.
48. — (1) Where the Judicial Council receives a complaint
against a provincial judge, it shall take such action to investi-
gate the complaint as it considers advisable.
(2) The Judicial Council may transmit those complaints it
considers appropriate,
(a) concerning provincial judges to the Chief Judge of
the Provincial Division; and
1989 COURTS OF JUSTICE Bill 2 19
(b) concerning masters to the Chief Justice of the
Ontario Court.
(3) The proceedings of the Judicial Council shall not be Proceedings
public, but it may inform the Attorney General respecting "°* ^"
matters that it has investigated and the Attorney General may
make public the fact that an investigation has been under-
taken.
(4) The Judicial Council may order that information or doc- Prohibiting
uments relating to its proceedings not be published or dis- ^"
closed except as required by law.
(5) The Judicial Council has all the powers of a commission Powers
under Part II of the Public Inquiries Act, which Part applies to ^^;9 ^^^'
the investigation as if it were an inquiry under that Act.
c. 411
(6) When the Judicial Council has dealt with a complaint Notice of
regarding a provincial judge, it shall inform the following per- '^p°^"'""
sons of its disposition of the complaint:
1. The person who made the complaint.
2. If the complaint was brought to the attention of the
judge, the judge.
(7) The Judicial Council may report its opinion regarding Report and
the complaint to the Attorney General and may recommend, SioHr^"
(a) that an inquiry be held under section 49;
(b) that the judge be compensated for all or part of the
costs incurred by the judge relating to the investiga-
tion.
(8) A copy of a report made under subsection (7) shall be Copy to
given to the judge. ^" ^^
(9) The Judicial Council shall not make a report under sub- R'fh^ to be
section (7) unless the judge was notified of the investigation
and given an opportunity to be heard and to produce evidence
on his or her behalf.
(10) When the Judicial Council makes a report to the Publication
Attorney General under subsection (7), the Attorney General "^^^"^
may make all or part of the report public, if he or she is of the
opinion that it is in the public interest to do so. 1984, c. 11,
s. 59, amended.
heard
20
Bill 2
COURTS OF JUSTICE
1989
Inquiry 49, — (1) The Lieutenant Governor in Council may
appoint a judge of the General Division to inquire into the
question whether a provincial judge should be removed from
office.
Powers
R.S.O. 1980,
c. 411
Report
Tabling of
report
(2) The Public Inquiries Act applies to an inquiry under
subsection (1).
(3) The report of the inquiry may recommend,
(a) that the judge be removed from office;
(b) that the judge be compensated for all or part of the
costs incurred by the judge relating to the inquiry.
(4) The report of the inquiry shall be laid before the Legis-
lative Assembly if it is in session or, if not, within fifteen days
after the commencement of the next session. 1984, c. 11,
s. 60, amended.
Provincial
Judges
Remuneration
Commission
50. — (1) The committee known as the Ontario Provincial
Courts Committee is continued as the Provincial Judges
Remuneration Commission.
Composition
of
Commission
(2) The Commission shall be composed of the following
three members:
1 . One appointed jointly by the associations represent-
ing provincial judges.
2. One appointed by the Lieutenant Governor in
Council.
3. One, who shall head the Commission, appointed
jointly by the bodies referred to in paragraphs 1 and
2.
Function
Annual
report
(3) The function of the Provincial Judges Remuneration
Commission is to inquire into and make recommendations to
the Lieutenant Governor in Council respecting any matter
relating to the remuneration, allowances and benefits of pro-
vincial judges, including the matters referred to in clauses
52 (1) (b) and (c).
(4) The Commission shall make an annual report of its
activities to the Lieutenant Governor in Council.
l!^^!,-?^ (5) Recommendations of the Commission and its annual
rccornmcn~
dations report shall be laid before the Legislative Assembly if it is in
1989 COURTS OF JUSTICE Bill 2 21
session or, if not, within fifteen days of the commencement of
the next session. 1984, c. 11, s. 88, amended.
MISCELLANEOUS
51. — (1) The judges of the Ontario Court of Justice shall ^^^^^"s of
meet at least once in each year, on a day fixed by the Chief ^" ^^^
Justice of the Ontario Court, in order to consider this Act, the
rules of court and the administration of justice generally.
(2) The judges shall report their recommendations to the I'lem
Attorney General. 1984, c. 11, s. 10, amended.
(3) The judges of the Ontario Court of Justice in each Regional
region shall meet at least once in each year, on a day fixed by jlldge"^ °
the regional senior judge of the General Division, in order to
consider this Act, the rules of court and the administration of
justice in the region generally.
(4) The judges shall report their recommendations to the Wem
Attorney General. New.
52. — (1) The Lieutenant Governor in Council may make Regulations
regulations,
(a) fixing the number of judges of the General Division
who are in addition to the Chief Justice, the
regional senior judges and the Senior Judge for the
Unified Family Court;
(b) fixing the remuneration of provincial judges and
masters;
(c) providing for the benefits to which provincial judges
and masters are entitled, including,
(i) leave of absence and vacations,
(ii) sick leave credits and payments in respect of
those credits,
(iii) pension benefits for provincial judges, masters
and their surviving spouses and children;
(d) prescribing territorial divisions for the Small Claims
Court;
(e) prescribing the maximum amount of a claim in the
Small Claims Court for the purposes of subsection
22(1);
22 Bill 2 COURTS OF JUSTICE 1989
(f) prescribing the maximum amount of a claim over
which a deputy judge may preside for the purposes
of subsection 23 (3);
(g) providing for the retention of fees by clerks, bailiffs
and referees of the Small Claims Court who are not
R.s.o. 1980, civil servants under the Public Service Act and des-
^' ^^^ ignating divisions where clerks, bailiffs and referees
of the Small Claims Court may be appointed to a
position as a civil servant under that Act;
(h) prescribing the duties of clerks, bailiffs and referees
of the Small Claims Court;
(i) prescribing for each region the minimum number of
judges of the General Division and of the Provincial
Division who are to be assigned to that region.
1984, c. 11, s. 4 (2), s. 20 (4), s. 87 (1), amended.
Idem (2) A reduction in the number of judges of the General
Division under clause (1) (a) does not affect appointments
existing at the time of the reduction. 1984, c. 11, s. 4 (2),
amended.
Contributions p) Regulations made under clause (1) (c) may require
judges and masters to contribute from their salaries part of
the costs of benefits and may fix the amount of the contribu-
tions.
Amplication (4) \ regulation made under clause (1) (c) may modify or
R.s.o. 1980, exclude the application of the Public Service Superannuation
c- 419 Act.
ofTe'uTations ^^^ ^ regulation made under subsection (1) may be general
reguaions ^^ particular in its application. 1984, c. 11, s. 20 (5-7),
s. 87 (2-4), amended.
PART III
Unified Family Court
Famify^ Court ^^' ^^^ Unified Family Court is continued as a superior
court of record in and for The Regional Municipality of
Hamilton- Wentworth. 1984, c. 11, s. 38, amended.
SfSS'^'"" 54.— (1) The Unified Family Court shall be presided over
by.
1989
COURTS OF JUSTICE
Bill 2
23
(a) a judge of the Ontario Court (General Division)
appointed as senior judge for the Unified Family
Court; or
(b) a judge of the Ontario Court (General Division),
who is authorized under subsection (3) to exercise the jurisdic-
tion of a judge of the Ontario Court (Provincial Division).
(2) The senior judge for the Unified Family Court shall Duties of
senior luclse
supervise and direct the sittings and the assignment of the
judicial duties of the Unified Family Court.
(3) The Lieutenant Governor in Council may authorize a Authority for
P rovinci3i
judge of the General Division to exercise the jurisdiction of a Division
judge of the Provincial Division. matters
(4) A judge who may preside over the Unified Family Exercise of
Court shall exercise his or her jurisdiction as a judge of the j^urisdiction
General Division or a judge of the Provincial Division in the
matters in which the General Division or the Provincial
Division or a judge of one of them has jurisdiction under the
statutory provisions set out in the Schedule to this Part.
1984, c. 11, s. 39; 1987, c. 1, s. 1, amended.
55. — (1) Proceedings taken in a court in The Regional P^^^^dings
Municipality of Hamilton-Wentworth under the statutory pro- Fami"y Court
visions set out in the Schedule to this Part, other than by way
of appeal, shall be commenced and titled in the Unified
Family Court and the jurisdiction of the court shall be exer-
cised in the Unified Family Court.
(2) A motion for interim relief under the Divorce Act, 1985 ^'^em
(Canada), the Family Law Act, 1986 or the Children's Law ^•^- ^^^'
Reform Act in a proceeding in the General Division shall be 1986, c. a
heard in the Unified Family Court if it is required or permit- r.s.o. i980,
ted to be heard in The Regional Municipality of Hamilton- ^ ^^
Wentworth by the rules of court or an order of the court.
1984, c. 11, s. 40 (1, 2) amended.
(3) All proceedings commenced in or transferred to the No jury
Unified Family Court shall be heard and determined without a
jury. 1984, c. 11, s. 40 (4), amended.
56. Where a proceeding is commenced in the Unified other
Family Court in a matter over which jurisdiction may be exer- ^""^ "^"°"
cised in the Unified Family Court and is combined with a
related matter in the jurisdiction of the judge but respecting
which jurisdiction may not be exercised in the Unified Family
24
Bill 2
COURTS OF JUSTICE
1989
Court, the court may, with leave of the judge, hear and deter-
mine the combined matters. 1984, c. 11, s. 41, amended.
Orders of
predecessor
court
57. — (1) The Unified Family Court may hear and deter-
mine an application under an Act to discharge, vary or sus-
pend an order made by the Provincial Court (Family Division)
of the Judicial District of Hamilton-Wentworth.
Enforcement (2) The Unified Family Court may enforce orders made by
the Provincial Court (Family Division) of the Judicial District
of Hamilton-Wentworth. 1984, c. 11, s. 42, amended.
Place where
proceedings
commenced
Idem,
custody or
access
R.S.O. 1980,
58. — (1) Subject to subsection (2), proceedings referred to
in subsection 55 (1) may be commenced in the Unified Family
Court where the applicant or the respondent resides in The
Regional Municipality of Hamilton-Wentworth. 1984, c. 11,
s. 44 (1), amended.
(2) An application under Part III of the Children's Law
Reform Act in respect of a child who ordinarily resides in The
Regional Municipality of Hamilton-Wentworth may be com-
menced in the Unified Family Court. 1984, c. 11, s. 44 (2),
amended.
Transfer to
other court
Transfer
from other
court
(3) A judge who may preside over the Unified Family
Court may, on motion, order that a proceeding commenced in
the Unified Family Court be transferred to the appropriate
court in a place where there is no Unified Family Court if, in
the opinion of the judge, there is a preponderance of conven-
ience for the matter to be dealt with by that court. 1984,
c. 11, s. 44(3).
(4) A judge of a court having jurisdiction in a proceeding
under a statutory provision set out in the Schedule to this Part
in an area other than The Regional Municipality of Hamilton-
Wentworth may, on motion, order that the proceeding be
transferred to the Unified Family Court if, in the opinion of
the judge, there is a preponderance of convenience for the
matter to be dealt with by that court. 1984, c. 11, s. 44 (4),
amended.
Directions
Status of
orders
(5) A judge making an order under subsection (3) or (4)j
may give such directions for the transfer as are considered!
just. 1984,c. ll,s. 44(5).
59. An order of a judge presiding over the Unified Family!
Court made in the exercise of his or her jurisdiction as a judge i
of the Ontario Court (General Division) is an order of the!
General Division for all purposes. 1984, c. 11, s. 45, (
amended.
1989 COURTS OF JUSTICE Bill 2 25
60. — (1) Subject to subsections (2) and (3), a provision for Appeals
an appeal from an order made under the statutory provisions
set out in the Schedule to this Part applies to an order when
made in the exercise of the jurisdiction by a judge presiding
over the Unified Family Court.
(2) Where an order made by the Unified Family Court ^^em
under a statutory provision set out in the Schedule to this Part
is within the jurisdiction of the Ontario Court (General
Division) outside The Regional Municipality of Hamilton-
Wentworth, the order shall, for the purposes of an appeal, be
deemed to have been made by a judge of the General
Division. 1984, c. 11, s. 46 (1, 2), amended.
(3) A provision for an appeal to the Ontario Court ^''em
(General Division) or a judge of it from an order made by the
Unified Family Court under the statutory provisions set out in
the Schedule to this Part shall be deemed to provide for an
appeal to the Divisional Court. A^evv.
(4) Where no provision is made for an appeal from an i^em
order of a judge presiding over the Unified Family Court, an
appeal lies,
(a) to the Court of Appeal from a final order, except
an order referred to in clause (b);
(b) to the Divisional Court from a final order,
(i) for a single payment of not more than
$25,000, exclusive of costs,
(ii) for periodic payments that amount to not
more than $25,000, exclusive of costs, in the
twelve months commencing on the date the
first payment is due under the order,
(iii) dismissing a claim for an amount that is not
more than the amount set out in subclause (i)
or (ii), or
(iv) dismissing a claim for an amount that is more
than the amount set out in subclause (i) or (ii)
and in respect of which the judge indicates
that if the claim had been allowed the amount
awarded would have been not more than the
amount set out in subclause (i) or (ii); or
26
Bill 2
COURTS OF JUSTICE
1989
Criminal
jurisdiction
(c) to the Divisional Court from an interlocutory order,
with leave as provided in the rules of court. 1984,
c. 11, s. 46 (4), amended.
61. — (1) A judge presiding over the Unified Family Court
has all the powers of a judge sitting in the Ontario Court
(Provincial Division) for the purposes of proceedings under
R.s.c. 1985, the Criminal Code (Canada).
c. C-46 ^
Idem
(2) The Unified Family Court shall be deemed to be and
shall sit as the Provincial Division,
(a) for the purpose of dealing with young persons as
defined in the Provincial Offences Act; and
(b) for the purpose of prosecutions under the Family
Law Act, 1986, the Children's Law Reform Act, the
Minors' Protection Act and Part III (Child
Protection) and Part VII (Adoption) of the Child
and Family Services Act, 1984.
(3) The Unified Family Court is a youth court for the pur-
R.s.c. 1985, pose of the Young Offenders Act (Canada). 1984, c. 11,
R.S.O. 1980,
c. 400
1986, c. 4
R.S.O. 1980,
cc. 68, 293
1984, c. 55
Idem
s. 47, amended.
Conciliation
service
Rules
62. A conciliation service may be established, maintained
and operated as part of the Unified Family Court. 1984,
c. ll,s. 49. I
63. — (1) The Lieutenant Governor in Council may make
rules for the Unified Family Court in relation to the practice
and procedure of the court and may make rules for the court,
even though they alter or conform to the substantive law, in
relation to,
(a) conduct of proceedings in the court;
(b) joinder of claims and parties, and representation of
parties;
(c) commencement of proceedings and service of
process in or outside Ontario;
(d) discovery and other forms of disclosure before hear- !
ing, including their scope and their admissibility and j
use in a proceeding; !
(e) examination of witnesses in or out of court;
(f) duties of clerks and other officers;
I
1989
COURTS OF JUSTICE
Bill 2
27
(g) references of proceedings or issues in a proceeding
and the powers of a person conducting a reference;
(h) costs of proceedings;
(i) enforcement of orders and process;
(j) payment into and out of court;
(k) any matter that is referred to in an Act as provided
for by rules of court.
(2) Nothing in subsection (1) authorizes the making of rules i^em
that conflict with an Act, but rules may be made under sub-
section (1) supplementing the provisions of an Act in respect
of practice and procedure.
(3) The rules of court made under Part IV do not apply to ^'^^"^
proceedings in the Unified Family Court. 1984, c. 11, s. 51,
amended.
SCHEDULE
Jurisdiction under the following statutory provisions:
Statutes
Provisions
1.
Annulment of Marriages Act
(Ontario) (Canada)
All
2.
Change of Name Act, 1986
All
3.
Child and Family Services Act, 1984
Parts in, VI and
VII
4.
Children's Law Reform Act
All, except sections
60 and 61
5.
Divorce Act, 1985 (Canada)
All
6.
Education Act
Sections 29 and 30
7.
Family Law Act, 1986
All, except Part V
8.
Marriage Act
Sections 6 and 9
9.
Minors' Protection Act
Section 2
10. Reciprocal Enforcement of
Maintenance Orders Act, 1982
11. Support and Custody Orders
Enforcement Act, 1985
12. Young Offenders Act (Canada)
All
All
All
28 Bill 2 COURTS OF JUSTICE 1989
PART IV
Rules of Court
Civil Rules 54, — (1) The Civil Rules Committee is established and
Committee . n i j r
shall be composed of,
(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Justice of the Ontario
Court and the Chief Judge of the Ontario Court
(Provincial Division);
(b) one judge of the Court of Appeal, who shall be
appointed by the Chief Justice of Ontario;
(c) nine judges of the Ontario Court (General Divi-
sion), who shall be appointed by the Chief Justice
of the Ontario Court;
(d) the Attorney General or a person designated by the
Attorney General;
(e) one law officer of the Crown, who shall be
appointed by the Attorney General;
(f) two persons employed in the administration of the
courts, who shall be appointed by the Attorney
General;
(g) four barristers and solicitors, who shall be
appointed by the Benchers of The Law Society of
Upper Canada in convocation;
(h) one barrister and solicitor, who shall be appointed
by the Chief Justice of Ontario; and
(i) four barristers and solicitors, who shall be
appointed by the Chief Justice of the Ontario
Court.
^^^^ (2) The Chief Justice of Ontario shall preside over the Civil
Rules Committee but, if the Chief Justice of Ontario is absent
or so requests, another member designated by the Chief
Justice of Ontario shall preside.
office"^^ °^ ^'^^ ^^^^ ^^ ^^^ members of the Civil Rules Committee
appointed under clauses (1) (b), (c), (e), (f), (g), (h) and (i)
shall hold office for a period of three years and is eligible for
reappointment.
1989 COURTS OF JUSTICE Bill 2 29
(4) Where a vacancy occurs among the members appointed vacancies
under clause (1) (b), (c), (e), (f), (g), (h) or (i), a new mem-
ber similarly qualified may be appointed for the remainder of
the unexpired term.
(5) A majority of the members of the Civil Rules Commit- Quorum
tee constitutes a quorum. 1984, c. 11, s. 89, amended.
65. — (1) Subject to the approval of the Lieutenant Gover- civii Rules
nor in Council, the Civil Rules Committee may make rules for
the Court of Appeal and the Ontario Court (General Divi-
sion) in relation to the practice and procedure of those courts
in all civil proceedings, including family law proceedings.
(2) The Civil Rules Committee may make rules for the ^^^^
courts described in subsection (1), even though they alter or
conform to the substantive law, in relation to,
(a) conduct of proceedings in the courts;
(b) joinder of claims and parties, settlement of claims
by or against persons under disability, whether or
not a proceeding has been commenced in respect of
the claim, the binding effect of orders and repre-
sentation of parties;
(c) commencement of proceedings, representation of
parties by solicitors and service of process in or out-
side Ontario;
(d) disposition of proceedings without a hearing and its
effect and authorizing the Court of Appeal to deter-
mine in the first instance a special case arising in a
proceeding commenced in the Ontario Court
(General Division);
(e) pleadings;
(f) discovery and other forms of disclosure before hear-
ing, including their scope and the admissibility and
use of that discovery and disclosure in a proceeding;
(g) examination of witnesses in or out of court;
(h) jurisdiction of masters, including the conferral on
masters of any jurisdiction of the Ontario Court
(General Division), including jurisdiction under an
Act, but not including the trial of actions or juris-
diction conferred by an Act on a judge;
30 Bill 2 COURTS OF JUSTICE 1989
(i) jurisdiction and duties of officers;
(j) motions and applications, including the hearing of
motions in the absence of the public and prohibiting
a party from making motions without leave;
(k) preservation of rights of parties pending the out-
come of litigation, including sale, recovery of pos-
session or preservation of property;
(1) interpleader;
(m) preparation for trial and offers to settle and their
legal consequences;
(n) the mode and conduct of trials;
(o) the appointment by the court of independent
experts, their remuneration and the admissibility
and use of their reports;
(p) the discount rate to be used in determining the
amount of an award in respect of future pecuniary
damages;
(q) references of proceedings or issues in a proceeding
and the powers of a person conducting a reference;
(r) costs of proceedings, including security for costs and
a solicitor's liability for or disentitlement to costs;
(s) enforcement of orders and process or obligations
under the rules;
(t) the time for and procedure on appeals and stays
pending appeal;
(u) payment into and out of court;
(v) any matter that is referred to in an Act as provided
for by rules of court.
^^^^ (3) Nothing in subsection (1) or (2) authorizes the making
of rules that conflict with an Act, but rules may be made
under subsections (1) and (2) supplementing the provisions of
an Act in respect of practice and procedure. 1984, c. 11,
s. 90, amended.
Family Rules 66.— (1) The Family Rules Committee is established and
Committee 11,1 , ^
shall be composed of,
1989 COURTS OF JUSTICE Bill 2 31
(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Justice of the Ontario
Court and the Chief Judge of the Ontario Court
(Provincial Division);
(b) the senior judge for the Unified Family Court;
(c) one judge of the Court of Appeal, who shall be
appointed by the Chief Justice of Ontario;
(d) three judges of the Ontario Court (General Divi-
sion), who shall be appointed by the Chief Justice
of the Ontario Court;
(e) four judges of the Ontario Court (Provincial Divi-
sion), who shall be appointed by the Chief Judge of
the Ontario Court (Provincial Division);
(f) the Attorney General or a person designated by the
Attorney General;
(g) one law officer of the Crown, who shall be
appointed by the Attorney General;
(h) two persons employed in the administration of the
courts, who shall be appointed by the Attorney
General;
(i) four barristers and solicitors, who shall be
appointed by the Benchers of The Law Society of
Upper Canada in convocation;
(j) two barristers and solicitors, who shall be appointed
by the Chief Justice of the Ontario Court; and
(k) two barristers and solicitors, who shall be appointed
by the Chief Judge of the Ontario Court (Provincial
Division).
(2) The Chief Justice of Ontario shall preside over the ^dem
Family Rules Committee but, if the Chief Justice of Ontario is
absent or so requests, another member designated by the
Chief Justice shall preside.
(3) Each of the members of the Family Rules Committee tenure of
appointed under clauses (1) (c), (d), (e), (g), (h), (i), (j) and
(k) shall hold office for a period of three years and is eligible
for reappointment.
32
Bill 2
COURTS OF JUSTICE
1989
Vacancies
(4) Where a vacancy occurs among the members appointed
under clause (1) (c), (d), (e), (g), (h), (i), (j) or (k), a new
member similarly qualified may be appointed for the remain-
der of the unexpired term.
Quorum (5) A majority of the members of the Family Rules
Committee constitutes a quorum. New.
Family Rules 57. — (J) Subject to the approval of the Lieutenant Gover-
nor in Council, the Family Rules Committee may make rules
for the Court of Appeal, the Ontario Court (General Divi-
sion) and the Ontario Court (Provincial Division) in relation
to the practice and procedure of those courts in proceedings
under statutory provisions set out in the Schedule to Part III
(Unified Family Court), except proceedings under the Young
Offenders Act (Canada).
R.S.C. 1985,
c. Y-l
Idem
(2) Subsections 65 (2) and (3) apply with necessary modifi-
cations to the Family Rules Committee making rules for the
courts described in subsection (1).
May modify (3) xhc rulcs made by the Family Rules Committee may
civil rules
adopt, modify or exclude the rules made by the Civil Rules
Committee.
K" ^""^ ^^^ Subject to the approval of the Lieutenant Governor in
Offenders Act Couucil, the Family Rules Committee may prepare rules for
the purpose of section 68 of the Young Offenders Act
(Canada) for consideration by the Ontario Court (Provincial
Division). New.
Criminal
Rules
Committee
68. — (1) The Criminal Rules Committee is established and
shall be composed of.
(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Justice of the Ontario
Court and the Chief Judge of the Ontario Court
(Provincial Division);
(b) one judge of the Court of Appeal, who shall be
appointed by the Chief Justice of Ontario;
(c) three judges of the Ontario Court (General Divi-
sion), who shall be appointed by the Chief Justice I
of the Ontario Court;
(d) four judges of the Ontario Court (Provincial
Division), who shall be appointed by the Chief!
Judge of the Ontario Court (Provincial Division); I
1989
COURTS OF JUSTICE
Bill 2
33
(e) the Co-ordinator of Justices of the Peace;
(f) the Attorney General or a person designated by the
Attorney General;
(g) one law officer of the Crown, who shall be
appointed by the Attorney General;
(h) three Crown attorneys, deputy Crown attorneys or
assistant Crown attorneys, who shall be appointed
by the Attorney General;
(i) two persons employed in the administration of the
courts, who shall be appointed by the Attorney
General;
(j) two barristers and solicitors, who shall be appointed
by the Benchers of The Law Society of Upper
Canada in convocation;
(k) one barrister and solicitor, who shall be appointed
by the Chief Justice of Ontario;
(1) one barrister and solicitor, who shall be appointed
by the Chief Justice of the Ontario Court; and
(m) one barrister and solicitor, who shall be appointed
by the Chief Judge of the Ontario Court (Provincial
Division).
(2) The Chief Justice of Ontario shall preside over the
Criminal Rules Committee but, if the Chief Justice of Ontario
is absent or so requests, another member designated by the
Chief Justice of Ontario shall preside.
(3) Each of the members of the Criminal Rules Committee
appointed under clauses (1) (b), (c), (d), (e), (g), (h), (i), (j),
(k), (1) and (m) shall hold office for a period of three years
and is eligible for reappointment.
(4) Where a vacancy occurs among the members appointed
under clause (1) (b), (c), (d), (e), (g), (h), (i), (j), (k), (1) or
(m), a new member similarly qualified may be appointed for
the remainder of the unexpired term.
(5) A majority of the members of the Criminal Rules Quorum
Committee constitutes a quorum. New.
Idem
Tenure of
office
Vacancies
69. — (1) Subject to the approval of the Lieutenant Gover-
nor in Council, the Criminal Rules Committee may prepare
Crimi
Rule;,
34 Bill 2 COURTS OF JUSTICE 1989
R.s.c. 1985, rules for the purposes of section 482 of the Criminal Code
c. c-46 (Canada) for consideration by the Court of Appeal, the
Ontario Court (General Division) and the Ontario Court
(Provincial Division).
Provincial (2) Subicct to the approval of the Lieutenant Governor in
offences rules
Council, the Criminal Rules Committee may make rules for
the Court of Appeal, the Ontario Court (General Division)
and the Ontario Court (Provincial Division) in relation to the
practice and procedure of those courts in proceedings under
R.s.o. 1980, the Provincial Offences Act. New.
c. 400 •'•'
Idem (3) xhe Criminal Rules Committee may make rules under
subsection (2),
(a) regulating any matters relating to the practice and
procedure of proceedings under the Provincial
Offences Act;
(b) prescribing forms;
(c) regulating the duties of the employees of the courts;
(d) prescribing and regulating the procedures under any
Act that confers jurisdiction under the Provincial
Offences Act on the Ontario Court (Provincial
Division) or a judge or justice of the peace sitting in
it;
(e) prescribing any matter relating to proceedings under
the Provincial Offences Act that is referred to in an
Act as provided for by the rules of court. 1984,
c. 11, s. 73 (3), amended.
3. Sections 92 and 93 of the said Act are repealed and the
following substituted therefor:
Coirts° ^^' — ^^^ There shall be a committee, known as the
Management Ontario Courts Management Advisorv Committee, composed
Advisory of
Committee '
(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Justice of the Ontario
Court and the Chief Judge of the Ontario Court
(Provincial Division); |
(b) the Attorney General, the Deputy Attorney |
General, the Assistant Deputy Attorney General i
responsible for courts administration and the I
1989 COURTS OF JUSTICE Bill 2 35
Assistant Deputy Attorney General responsible for
criminal law;
(c) two barristers and solicitors appointed by the
Benchers of the Law Society of Upper Canada in
convocation and two barristers and solicitors
appointed by the presidents of the county and
district law associations; and
(d) not more than four other persons, appointed by the
Attorney General with the concurrence of,
(i) all of the judges mentioned in clause (a), and
(ii) all of the barristers and solicitors appointed
under clause (c).
(2) The following persons shall preside over meetings of the who to
Committee, by rotation at intervals fixed by the Committee: ^^^^^ ^
1. A judge mentioned in clause (1) (a) selected by the
judges mentioned in that clause.
2. The Attorney General or a person mentioned in
clause (1) (b) and designated by the Attorney
General.
3. A barrister and solicitor appointed under clause
(1) (c) selected by the barristers and solicitors
appointed under that clause.
4. A person appointed under clause (1) (d) selected by
the persons appointed under that clause.
(3) The function of the Committee is to consider and Function of
recommend to the appropriate authority policies and proce- °'"'"'
dures to promote the better administration of justice and the
effective use of resources, including judicial and other person-
nel, in the public interest. New.
92a. — (1) For judicial purposes, Ontario is divided into Regions for
the regions prescribed under subsection (2). pu/^ses
(2) The Lieutenant Governor in Council may make regu- Regulations
lations prescribing regions for the purpose of this Act, New.
92b. — (1) There shall be a committee in each region. Regional
known as the Regional Courts Management Advisory Com- Management
mittee, composed of, Advisory
Committee
36 Bill 2 COURTS OF JUSTICE 1989
(a) the regional senior judge of the Ontario Court
(General Division) and the regional senior judge of
the Ontario Court (Provincial Division);
(b) the regional director of courts administration for the
Ministry of the Attorney General and the regional
director of Crown attorneys;
(c) two barristers and solicitors appointed jointly by the
presidents of the county and district law associations
in the region; and
(d) not more than two other persons, appointed by the
Attorney General with the concurrence of,
(i) both of the judges mentioned in clause (a),
and
(ii) both of the barristers and solicitors appointed
under clause (c).
Who to (2) The following persons shall preside over meetings of the
presi e Committee, by rotation at intervals fixed by the Committee:
1. A judge mentioned in clause (1) (a) selected by the
judges mentioned in that clause.
2. An official mentioned in clause (1) (b) selected by
the officials mentioned iri that clause.
3. A barrister and solicitor appointed under clause
(1) (c) selected by the barristers and solicitors
appointed under that clause.
4. A person appointed under clause (1) (d) selected by
the persons appointed under that clause.
ComSe? ^^^ ^^^ function of the Committee is to consider and
recommend to the appropriate authority policies and proce-
dures for the region to promote the better administration of
justice and the effective use of resources, including judicial
and other personnel, in the public interest.
Frequency of M) j\^q Committee shall meet at least four times each year.
meetings ^r
New.
IS^oT^^ 93. — (1) The powers and duties of a judge who has
regional authority to supervise and direct the sittings and the assign-
senior judge ment of the judicial duties of his or her court include the
following:
1989 COURTS OF JUSTICE Bill 2 37
1. Determining the sittings of the court.
2. Assigning judges to the sittings.
3. Assigning cases to individual judges.
4. Determining the sitting schedules and places of sit-
tings for individual judges.
5. Determining the total annual, monthly and weekly
workload of individual judges.
6. Preparing trial lists and assigning courtrooms, to the
extent necessary to control the determination of
who is assigned to hear particular cases. 1984,
c. 11, s. 93, amended.
(2) Subsection (1) applies with necessary modifications in Powers in
respect of supervising and directing the sittings and assigning masters °
the judicial duties of masters. New.
4. Section 94 of the said Act is amended by adding tliereto
the following subsections:
(2) A power or duty given to a registrar, sheriff, court Exercise of
clerk, assessment officer or official examiner under an Act, regSrar"
regulation or rule of court may be exercised or performed by sheriff, etc.
a person or class of persons to whom the power or duty has
been assigned by the Deputy Attorney General or a person
designated by the Deputy Attorney General.
(3) Subsection (2) applies in respect of an Act, regulation idem
or rule of court made under the authority of the Legislature or
of the Parliament of Canada.
5. The said Act is amended by adding thereto the following
section:
95a. Documents and other material that are no longer Destruction
required in a court office shall be disposed of in accordance " '•^^^"'"^"ts
with the directions of the Deputy Attorney General, subject
to the approval of,
(a) in the Court of Appeal, the Chief Justice of
Ontario;
(b) in the Ontario Court (General Division), the Chief
Justice of the Ontario Court;
38
Bill 2
COURTS OF JUSTICE
1989
Liability of
judges
(c) in the Ontario Court (Provincial Division), the
Chief Judge of the Provincial Division;
(d) in the Unified Family Court, the Senior Judge for
the Unified Family Court. 1984, c. 11, s. 101 (4),
amended.
6. Section 98 of the said Act is repealed and the following
substituted therefor:
98. Every judge of a court in Ontario and every master
has the same immunity from liability as a judge of the Ontario
Court (General Division).
7. Section 99 of the said Act is repealed and the following
substituted therefor:
Compen-
sation for
statutory
duties
99. Every judge who was a judge of the Supreme Court or
of the District Court before this section comes into force shall
be paid out of the Consolidated Revenue Fund the annual
sum of $3,000, payable quarterly, as compensation for the ser-
vices the judge is called on to render by any Act of the
Legislature in addition to his or her ordinary duties.
8. Subsection 100 (1) of the said Act is amended by striking
out "Supreme Court or the District Court" in the first and
second lines and inserting in lieu thereof "Court of Appeal or
the Ontario Court (General Division)".
Judges'
gowns
9. The said Act is further amended by adding thereto the
following sections:
100a. The Lieutenant Governor in Council may make
regulations respecting the form of the gown to be worn in
court by all judges appointed after this section comes into
force.
How certain
judges to be
addressed
Idem
100b. — (1) Every judge of the Ontario Court (General
Division) and the Unified Family Court may be addressed as
"Your Honour" or as "(Mr. or Mme.) Justice {naming the
judgey\ ^^
(2) A judge appointed to the High Court of Justice before
this section comes into force may elect to be addressed
according to the practice in existence before this section
comes into force.
10. Section 101 of the said Act is repealed and the following!
substituted therefor: I
1989
COURTS OF JUSTICE
Bill 2
39
101. — (1) Every person who was a master of the Supreme Masters
Court before this section comes into force is a master of the
Ontario Court (General Division). New.
(2) Every master has the jurisdiction conferred by the rules Jurisdiction
of court in proceedings in the General Division. 1984, c. 11,
s. 20 (3).
(3) Sections 42 to 49 apply with necessary modifications to Application
masters in the same manner as to provincial judges. 1984, ss. 42-49
c. 11, s. 20 (11), amended.
(4) The right of a master to continue in office under sub- i^em
section 43 (3) is subject to the approval of the Chief Justice of
the Ontario Court and not of the Chief Judge of the Provin-
cial Division. New.
101a. — (1) Money paid into the Ontario Court (General Money
Division) shall be paid to the Accountant of the Ontario Accountant
Court and such money and securities in which the money is
invested are vested in the Accountant.
(2) Mortgages and other securities taken under an order of Security held
the Ontario Court (General Division) and instruments taken Accountant
as security in respect of a proceeding in the Ontario Court
(General Division) shall be taken in the name of the Accoun-
tant and shall be deposited in his or her office, except where
an order provides otherwise.
(3) The Accountant has no duty or obligation in respect of '"^em
the instruments deposited under subsection (2) except as cus-
todian of the instruments, unless an order of the court pro-
vides otherwise.
(4) The Provincial Auditor shall examine and report on the Audit by
accounts and financial transactions of the Accountant. 1984, aSot^
c. 11, s. 22, amended.
101b. — (1) The finance committee is continued and shall Finance
be composed of three persons appointed by the Lieutenant '^"'"'"'"^^
Governor in Council.
(2) The finance committee has control and management of Management
the money in the Ontario Court (General Division), the funTs""^
investment of the money and the securities in which it is
invested.
(3) Money that is available for investment shall be invested investment of
in investments in which the Treasurer of Ontario may invest ''''"" ^"'^'
40
Bill 2
COURTS OF JUSTICE
1989
R.S.O. 1980,
c. 161
public money under section 3 of the Financial Administration
Act.
Employment
of trust
company
(4) The finance committee may employ a trust company to
make the investments or act as custodian of the securities pur-
chased as investments.
Interest
(5) The finance committee may provide for the payment of
interest on money paid into the General Division and may fix
the rate of interest so paid.
Reserve
funds
(6) The finance committee may establish such reserve funds
as it considers necessary. 1984, c. 11, s. 23, amended.
11. Subsection 102 (3) of the said Act is amended by
striking out "Rules of Civil Procedure" in the third line and
inserting in lieu thereof "rules of court".
12. Section 103 of the said Act is repealed and the following
substituted therefor:
Assessment
officers
103. — (1) The Lieutenant Governor in Council, on the
recommendation of the Attorney General, may appoint
assessment officers.
Idem
Jurisdiction
Appeal from
assessment of
costs before
tribunal
(2) Every master is an assessment officer.
(3) Every assessment officer has jurisdiction to assess costs
in a proceeding in any court.
(4) Where costs of a proceeding before a tribunal other
than a court are to be assessed by an assessment officer,
(a) the rules of court governing the procedure on an
assessment of costs apply with necessary modifica-
tions; and
(b) an appeal lies to the Ontario Court (General
Division) from a certificate of assessment of the
costs if an objection was served in respect of the
issue appealed in accordance with the rules of court.
13. — (1) Subsection 104 (1) of the said Act is repealed.
(2) Subsection 104 (2) of the said Act is amended by striking |
out "additional" in the second line. I
14. — (1) Subsection 108 (2) of the said Act is amended by|
striking out "and" where it occurs the second time in the third!
1989 COURTS OF JUSTICE Bill 2 41
line and by inserting after "liearing)" in the fourth line "and
153a (where procedures not provided)".
(2) Subsection 108 (3) of the said Act, as amended by the
Statutes of Ontario, 1989, chapter 24, section 4, is repealed
and the following substituted therefor:
(3) Sections 122 (constitutional questions), 135, 136 (Ian- j'^ppJ^'^^/^^j^^i
guage of proceedings), 142 (judge sitting on appeal), 146 (pro- SfSces"^*^
hibition against photography at court hearings), 152a (arrest
and committal warrants enforceable by police) and 153a
(where procedures not provided) also apply to proceedings
under the Provincial Offences Act and, for the purpose, a ref- R so. i980,
erence in one of those sections to a judge includes a justice of
the peace presiding in the Ontario Court (Provincial Divi-
sion).
15. Subsection 109 (3) of the said Act is repealed and the
following substituted therefor:
(3) Only the Court of Appeal, the Unified Family Court J"^"f'JJi°5,g
and the Ontario Court (General Division), may grant equita- reUeT'"'^^
ble relief, unless otherwise provided.
16. Section 110 of the said Act is amended by striking out
"Supreme Court, the District Court and the Unified Family
Court" in the first and second lines and inserting in lieu
thereof "Court of Appeal, the Unified Family Court and the
Ontario Court (General Division)".
17. Subsection 114 (1) of the said Act is amended by
striking out "Supreme Court, the District Court or the Unified
Family Court" in the first and second lines and inserting in
lieu thereof "Unified Family Court or the Ontario Court
(General Division)".
18. — (1) Subsection 118 (1) is repealed and the following
substituted therefor:
(1) In this section, "heahh practitioner" means a person "health
licensed to practise medicine or dentistry in Ontario or any defSeT"^'^
other jurisdiction, a psychologist registered under the Psychol- r.s.o. i980,
agists Registration Act or a person certified or registered as a ^- '^^
psychologist by another jurisdiction.
(2) Subsection 118 (2) of the said Act is amended by striking
out "medical" in the fourth line and inserting in lieu thereof
health".
42
Bill 2
COURTS OF JUSTICE
1989
(3) Subsection 118 (5) of the said Act is amended by striking
out ''medical" in the second line and inserting in lieu thereof
"health".
19. Subsections 120 (2) and (3) of the said Act are repealed
and the following substituted therefor:
Transfer (2) A proceeding in the Small Claims Court shall not be
cSns'coIirt transferred under clause (1) (d) to the Ontario Court (General
Division) without the consent of the plaintiff in the proceeding
in the Small Claims Court.
Idem
(2a) A proceeding in the Small Claims Court shall not be
required under subclause (1) (e) (ii) to be asserted by way of
counterclaim in a proceeding in the Ontario Court (General
Division) without the consent of the plaintiff in the proceeding
in the Small Claims Court.
Motions
(3) The motion shall be made to a judge of the Ontario
Court (General Division).
20. — (1) Subsection 121 (1) of the said Act is amended by
striking out "a Supreme Court or District Court action" in the
flrst line and inserting in lieu thereof "an action in the Ontario
Court (General Division) that is not in the Small Claims
Court".
(2) Subsection 121 (2) of the said Act is amended by striking
out "Actions in which a claim is made for any of the following
kinds of relief shall be heard without a jury:" in the flrst and
second lines and inserting in lieu thereof "The issues of fact
and the assessment of damages in an action shall be tried with-
out a jury in respect of a claim for any of the following kinds of
relief:".
(3) Paragraph 3 of the said subsection 121 (2) is amended by
striking out ^''Family Law Reform Acf^ in the first and second
lines and inserting in lieu thereof ^^ Family Law Act, 1986^ \
21. Subsection 122 (2) of the said Act is amended by
striking out "Rules of Civil Procedure" in the second line and j
inserting in lieu thereof "rules of court". !
22. Subsection 124 (2) of the said Act is repealed and the l
following substituted therefor:
Idem
(2) Mutual debts may be set off against each other even if i
they are of a different nature.
1989 COURTS OF JUSTICE Bill 2 43
23. Clause 129 (b) of the said Act is amended by striking
out ^^ Family Law Reform Acf in the first line and inserting in
lieu thereof ''Family Law Act, 1986'\
24. — (1) Clause 133 (1) (a) of the said Act is amended by
striking out ^^the" in the first line and inserting in lieu thereof
(2) Clause 133 (1) (b) of the said Act is amended by striking
out "local judge or".
25. — (1) Subclause 136 (1) (a) (ii) of the said Act is repealed
and the following substituted therefor:
(ii) the area that comprised the County of
Welland as it existed on the 31st day of
December, 1969,
(iia) The Regional Municipality of Ottawa-
Carleton,
(iib) The Municipality of Metropolitan Toronto.
(2) Subsection 136 (6) of the said Act is amended by striking
out "Provincial Court (Family Division) or the Provincial
Court (Civil Division)" in the second and third lines and
inserting in lieu thereof "Ontario Court (Provincial Division)
or the Small Claims Court".
(3) Subsection 136 (7) of the said Act is amended by striking
out "in the Provincial Offences Court where it is" in the
second and third lines and inserting in lieu thereof "under the
Provincial Offences Act in".
26. Subsection 137 (2) of the said Act is amended by
striking out "the Registrar of the Supreme Court" in the first
and second lines and inserting in lieu thereof "a person desig-
nated by the Deputy Attorney General".
27.^1) Subsection 150 (1) of the said Act is amended by
striking out "Supreme Court" in the first line and in the last
line and inserting in lieu thereof in each instance "Ontario
Court (General Division)".
(2) Subsection 150 (3) of the said Act is amended by striking
out "Supreme Court" in the fourth line and inserting in lieu
thereof "Ontario Court (General Division)".
28. The said Act is further amended by adding thereto the
following sections:
44
Bill 2
COURTS OF JUSTICE
1989
Civil orders
directed to
sheriffs
150a. — (1) Unless an Act provides otherwise, orders of a
court arising out of a civil proceeding and enforceable in
Ontario shall be directed to a sheriff for enforcement.
Police to
assist sheriff
(2) A sheriff who believes that the execution of an order
may give rise to a breach of the peace may require a police
officer to accompany the sheriff and assist in the execution of
the order.
Where
procedures
not provided
153a. Jurisdiction conferred on a court, a judge or a jus-
tice of the peace shall, in the absence of express provision for
procedures for its exercise in any Act, regulation or rule, be
exercised in any manner consistent with the due administra-
tion of justice. 1984, c. 11, s. 62, amended.
Continuation
of
proceedings
in former
courts
29. Sections 157 and 158 of the said Act are repealed and
the following substituted therefor:
157. A proceeding pending in a court set out in column 1
of the Table when this section comes into force is continued in
the court set out opposite to it in column 2.
TABLE
Column 1
1. High Court of Justice
2. District Court
3. surrogate court
4. Provincial Court
(Criminal Division)
5. Provincial Court
(Family Division)
6. Provincial Offences Court
7. Provincial Court
(Civil Division)
Former Chief
Judge, etc.
Column 2
Ontario Court
(General Division)
Ontario Court
(General Division)
Ontario Court
(General Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Small Claims Court
158. — (1) A provincial judge who was a Chief Judge,!
Associate Chief Judge or senior judge of the Provincial Court |
(Criminal Division), the Provincial Court (Family Division) or'
the Provincial Court (Civil Division) immediately before thisi
section comes into force shall continue to hold the office ofl
provincial judge, is entitled to retain the title of Chief Judge,!
Associate Chief Judge or senior judge, as the case may bej
and is entitled to an annual salary equal to the greater of,
1989 COURTS OF JUSTICE Bill 2 45
(a) the current annual salary of a provincial judge; or
(b) the annual salary the judge received immediately
before this section comes into force.
(2) A master who was the Senior Master immediately Former
before this section comes into force shall continue to hold the Master
office of master, is entitled to retain the title of Senior Master
and is entitled to an annual salary equal to the greater of,
(a) the current annual salary of a master; or
(b) the annual salary the master received immediately
before this section comes into force.
158a. — (1) A document filed in court that refers to a Documents
court set out in column 1 of the Table to section 160 is not by
that reason invalid and shall be deemed to refer to the court
set out opposite to it in column 2.
(2) Subsection (1) is repealed one year after this section Subsection
comes mto force.
30. Section 159 of the said Act is repealed and the follow-
ing substituted therefor:
159. Where, by an Act or regulation, jurisdiction is con- Reference to
ferred on a particular court set out in column 1 of the Table, jurisdictLn
the jurisdiction shall be deemed to be conferred on the corre-
sponding court set out in column 2 sitting in the county or dis-
trict of the court named.
TABLE
Column 1
Column 2
1.
county or district court
Ontario Court
(General Division)
2.
surrogate court
Ontario Court
(General Division)
3.
provincial court
(family division)
Ontario Court
(Provincial Division)
4.
provincial offences court
Ontario Court
(Provincial Division)
5.
small claims court
Small Claims Court
31. Section 160 of the said Act is repealed and the following
{substituted therefor:
46
Bill 2
COURTS OF JUSTICE
1989
References to
courts
160. A reference in an Act, rule or regulation to a court
set out in column 1 of the Table is deemed to be a reference
to the court set out opposite to it in column 2.
TABLE
Changes in
terminology
Column 1
1. Supreme Court
2. High Court of Justice
3. county or district court
4. District Court
5. surrogate court
6. small claims court
7. Provincial Court
(Civil Division)
8. provincial court
(criminal division)
9. Provincial Court
(Criminal Division)
10. provincial court
(family division)
11. Provincial Court
(Family Division)
12. provincial offences court
13. Provincial Offences Court
Column 2
Ontario Court
(General Division)
Ontario Court
(General Division)
Ontario Court
(General Division)
Ontario Court
(General Division)
Ontario Court
(General Division)
Small Claims Court
Small Claims Court
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
160a. — (1) A reference in any Act, rule or regulation, or
order or other court process, to a term set out in column 1 of
the Table, or any form thereof, is deemed to refer to the cor-
responding term set out opposite thereto in column 2.
TABLE
Column 1
Column 2
1.
Accountant of the
Court
Supreme
Accountant of the Ontario
Court
2.
administrator ad litem
litigation administrator
3.
certificate of lis pendens
certificate of pending
litigation
4.
conduct money
attendance money
5.
guardian ad litem
litigation guardian
6.
judicial district
county or district
1989
COURTS OF JUSTICE
Bill 2
47
7.
local judge of the High
Court
8.
local judge of the Supreme
Court
9.
next friend
10.
originating motion
11.
originating notice
12.
praecipe
13.
provisional judicial district
14.
a registrar of a surrogate
court
15.
Rules of Civil Procedure
16.
Rules Committee
17.
Rules Committee of the
Supreme and District
Courts
18.
Rules of Practice and
Procedure of the Supreme
Court of Ontario made by
the Rules Committee
19.
special examiner
20.
Surrogate Clerk for
Ontario
21.
taxation of costs
22.
taxing officer
23.
writ of fieri facias
24.
writ of summons
judge of the Ontario
Court (General Division)
judge of the Ontario
Court (General Division)
litigation guardian
application
notice of application
requisition
territorial district
the local registrar of the
Ontario Court
(General Division)
rules of court
applicable rules committee
applicable rules
committee
rules of court
official examiner
Estate Registrar for
Ontario
assessment of costs
assessment officer
writ of seizure and sale
statement of claim or
notice of action
(2) A reference in any Act, rule or regulation to the surro- ^'i^'"'
gate registrar for a particular county or district is deemed to reglstrar^for
be a reference to the local registrar of the Ontario Court a county
(General Division) for that county or district.
(3) A reference in any Act, rule or regulation to the clerk i^em, clerk
of a county or district court of a particular county or district is ° ^ '^"""^^
deemed to be a reference to the local registrar of the Ontario
Court (General Division) for that county or district.
(4) A reference in any Act, rule or regulation to an order, J^Jem, order
direction or decision filed with the Registrar of the Supreme Registrar
Court is deemed to be a reference to an order, direction or
decision filed with the Ontario Court (General Division).
160b. Where an Act, rule or regulation provides that a p^^uments
document is to be filed with, certified to, forwarded to or appearto
transmitted to the Supreme Court or the Registrar of the Divisional
Supreme Court for the purpose of an appeal to the Divisional ^""'^
48 Bill 2 COURTS OF JUSTICE 1989
Court, that document shall be filed with, certified to, for-
warded to or transmitted to, as the case may be, the Divi-
sional Court.
References to 160c. — (1) A reference in this Act or any other Act, rule
judSaT °^ or regulation to a county or district for judicial purposes is
purposes deemed to be a reference to the corresponding area that, for
municipal or territorial purposes, comprises the county, dis-
trict, union of counties or regional, district or metropolitan
municipality.
Separated (2) For the purpose of subsection (1), every city, town and
municipa ities ^^j^^j. niunicipality is united to and forms part of the county in
which it is situate.
Exceptions (3) Subscction (1) is subject to the following:
1. A reference in an Act or regulation to a county or
district for judicial purposes is, in the case of The
Regional Municipality of Haldimand-Norfolk,
deemed to be a reference to the following areas:
i. All the area of the County of Haldimand as it
existed on the 31st day of March, 1974.
ii. All the area of the County of Norfolk as it
existed on the 31st day of March, 1974.
2. A reference in an Act or regulation to a county or
district for judicial purposes is, in the case of The
Regional Municipality of Niagara, deemed to be a
reference to the following areas:
i. All the area of the County of Lincoln as it
existed on the 31st day of December, 1969.
ii. All the area of the County of Welland as it
existed on the 31st day of December, 1969.
3. A reference in an Act or regulation to a county or j
district for judicial purposes is, in the case of The j
Regional Municipality of Sudbury and the Territo-I
rial District of Sudbury, deemed to be a reference I
to all the area in The Regional Municipality ofi
Sudbury and in the Territorial District of Sudbury. |
I
4. A reference in an Act or regulation to a county orj
district for judicial purposes is, in the case of anj
area described below, deemed to be a reference toi
all the area in the areas described below:
1989 COURTS OF JUSTICE Bill 2 49
i. All the area in the County of Victoria.
ii. All the area in the County of Haliburton.
iii. All the area in any part of the townships of
Sherborne, McChntock, Livingstone, Law-
rence and Nightingale located in Algonquin
Park, so long as the part remains part of
Algonquin Park.
[32. Section 212 of the said Act is repealed.
33. This Act comes into force on a day to be named by commence-
proclamation of the Lieutenant Governor. '"^"
34. The short title of this Act is the Courts of Justice short title
Amendment Act, 1989.
Bill 2
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 2
(Chapter 55
Statutes of Ontario, 1989)
An Act to amend the Courts of Justice Act, 1984
The Hon. I. Scott
Attorney General
1st Reading May 1st, 1989
2nd Reading June 14th, 1989
3rd Reading November 14th, 1989
Royal Assent November 15th, 1989
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
Bill 2 1989
An Act to amend the Courts of Justice Act, 1984
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Section 1 of the Courts of Justice Act, 1984, being chapter
11, is repealed and the following substituted therefor:
1. In this Act, Definitions
"action" means a civil proceeding that is not an application
and includes a proceeding commenced by,
(a) claim,
(b) statement of claim,
(c) notice of action,
(d) counterclaim,
(e) crossclaim,
(f) third or subsequent party claim, or
(g) divorce petition or counterpetition;
"application" means a civil proceeding that is commenced by
notice of application or by application;
"defendant" means a person against whom an action is com-
menced;
"hearing" includes a trial;
"motion" means a motion in a proceeding or an intended
proceeding;
"order" includes a judgment or decree;
Bill 2
COURTS OF JUSTICE
1989
"plaintiff means a person who commences an action;
"region" means a region prescribed under section 92a.
1984, c. 11, s. 1, amended.
2. Parts I and II, Part III, as amended by the Statutes of
Ontario, 1984, chapter 55, section 213, 1984, chapter 64, sec-
tion 1, 1985, chapter 1, section 4, 1986, chapter 7, section 15
and 1987, chapter 1, sections 1, 2 and 3, Part IV, as amended
by the Statutes of Ontario, 1984, chapter 55, section 213, 1984,
chapter 64, sections 2, 3, 4 and 5 and 1987, chapter 1, sections
4, 5 and 6 and Part V, as amended by the Statutes of Ontario,
1984, chapter 64, sections 6 and 7, of the said Act are repealed
and the following substituted therefor:
PARTI
Court of Appeal for Ontario
Court of
Appeal
2. — (1) The branch of the Supreme Court of Ontario
named the Court of Appeal for Ontario is continued as a
superior court of record named the Court of Appeal for
Ontario.
Idem
(2) In exercising its jurisdiction, the Court of Appeal has all
the power and authority historically exercised by courts of
common law and equity in England and Ontario. 1984,
c. 11, s. 2, amended.
Composition
of court
3. — (1) The Court of Appeal shall consist of,
(a) the Chief Justice of Ontario, who shall be president
of the court;
Number of
judges
(b) the Associate Chief Justice of Ontario; and
(c) such number of other judges as is fixed under sub-
section (2), to be called justices of appeal. 1984,
c. 11, s. 3 (1), amended.
(2) The Lieutenant Governor in Council may by regulation
fix the number of judges of the Court of Appeal who are in
addition to the Chief Justice and the Associate Chief Justice.
Idem
Additional
judges
(3) A reduction in the number of judges does not affect
appointments existing at the time of the reduction. New. \
(4) There shall be such additional offices of judge of the!
Court of Appeal as are from time to time required, to be heldj
by Chief Justices of Ontario and Associate Chief Justices ofj
1989 COURTS OF JUSTICE Bill 2 3
Ontario who have elected under the Judges Act (Canada) to R s.c. i985,
perform only the duties of a judge of the Court of Appeal. '^' ^'^
1984, c. 11, s. 6 (1), amended.
(5) There shall be such additional offices of supernumerary Super-
judge of the Court of Appeal as are from time to time jlldger'^
required, to be held by judges of the Court of Appeal who
have elected under the Judges Act (Canada) to hold office
only as a supernumerary judge of the court. 1984, c. 11,
s. 6 (3), amended.
4. — (1) The Chief Justice of Ontario, with the concurrence Assignment
of the Chief Justice of the Ontario Court, may assign a judge from General
of the Ontario Court (General Division) to perform the work Division
of a judge of the Court of Appeal. 1984, c. 11, s. 9 (2),
amended.
(2) A judge of the General Division is, by virtue of his or General
her office, a judge of the Court of Appeal and has all the judge?"
jurisdiction, power and authority of a judge of the Court of
Appeal. 1984, c. 11, s. 8, amended.
5. — (1) The Chief Justice of Ontario has general super- Powers and
vision and direction over the sittings of the Court of Appeal chief Justice
and the assignment of the judicial duties of the court. 1984,
c. 11, s. 18(5).
(2) If the Chief Justice of Ontario is absent from Ontario or ^"^^^J^f °^
is for any reason unable to act, his or her powers and duties
shall be exercised and performed by the Associate Chief
Justice of Ontario.
(3) If the Chief Justice of Ontario and the Associate Chief Absence of
Justice of Ontario are both absent from Ontario or for any chief^'justice
reason unable to act, the powers and duties of the Chief
Justice shall be exercised and performed by a judge of the
Court of Appeal designated by the Chief Justice or Associate
Chief Justice. 1984, c. 11, s. 3 (2), amended.
6. — (1) An appeal lies to the Court of Appeal from, Court of
Appeal
jurisdiction
(a) an order of the Divisional Court, on a question that
is not a question of fact alone, with leave as pro-
vided in the rules of court;
(b) a final order of a judge of the Ontario Court
(General Division), except an order referred to in
clause 18 (1) (a);
Bill 2
COURTS OF JUSTICE
1989
(c) a certificate of assessment of costs issued in a pro-
ceeding in the Court of Appeal, on an issue in
respect of which an objection was served under the
rules of court. 1984, c. 11, s. 17 (1), amended.
Combining of (2) The Court of Appeal has jurisdiction to hear and deter-
oEcoum mine an appeal that lies to the Divisional Court or the
Ontario Court (General Division) if an appeal in the same
proceeding lies to and is taken to the Court of Appeal.
Idem (3) xhe Court of Appeal may, on motion, transfer an
appeal that has already been commenced in the Divisional
Court or the Ontario Court (General Division) to the Court
of Appeal for the purpose of subsection (2). 1984, c. 11,
s. 17 (2), amended.
Composition 7, — (J) y\ proceeding in the Court of Appeal shall be
hearing ^^^ heard and determined by not fewer than three judges sitting
together, and always by an uneven number of judges. 1984,
c. 11, s. 18 (1), amended.
Idem,
motions
(2) A motion in the Court of Appeal and an appeal under
clause 6 (1) (c) shall be heard and determined by one judge.
Idem
(3) Subsection (2) does not apply to a motion for leave to
appeal, a motion to quash an appeal or any other motion that
is specified by the rules of court.
Idem
(4) A judge assigned to hear and determine a motion may
adjourn the motion to a panel of the Court of Appeal.
Idem
(5) A panel of the Court of Appeal may, on motion, set
aside or vary the decision of a judge who hears and deter-
mines a motion. 1984, c. 11, s. 18 (3), amended.
References to g. — (J) x^c Lieutenant Governor in Council may refer any
Appeal question to the Court of Appeal for hearing and considera-
tion.
Opinion of (2) The court shall certify its opinion to the Lieutenant
Governor in Council, accompanied by a statement of the rea-
sons for it, and any judge who differs from the opinion may
certify his or her opinion and reasons in the same manner.
Submissions
by Attorney
General
(3) On the hearing of the question, the Attorney General
of Ontario is entitled to make submissions to the court.
Idem
(4) The Attorney General of Canada shall be notified and I
is entitled to make submissions to the court if the question j
relates to the constitutional validity or constitutional applica-j
1989
COURTS OF JUSTICE
Bill 2
bility of an Act, or of a regulation or by-law made under an
Act, of the Parliament of Canada or the Legislature.
(5) The court may direct that any person interested, or any Notice
one or more persons as representatives of a class of persons
interested, be notified of the hearing and be entitled to make
submissions to the court.
(6) If an interest affected is not represented by counsel, the Appointment
of counsel
court may request counsel to argue on behalf of the interest
and the reasonable expenses of counsel shall be paid by the
Treasurer of Ontario.
(7) The opinion of the court shall be deemed to be a Appeal
judgment of the court and an appeal lies from it as from a
judgment in an action. 1984, c. 11, s. 19.
PART II
Ontario Court of Justice
9. — (1) The Ontario Court of Justice is established.
Ontario
Court
(2) The Ontario Court shall consist of two divisions, the Divisions
General Division and the Provincial Division. New.
ONTARIO court (GENERAL DIVISION)
10. — (1) The branch of the Supreme Court of Ontario ^9^^'^^
named the High Court of Justice for Ontario is continued as a
superior court of record named the Ontario Court (General
Division).
(2) The General Division has all the jurisdiction, power '^em
and authority historically exercised by courts of common law
and equity in England and Ontario. 1984, c. 11, s. 2 (1),
amended.
11. — (1) The General Division shall consist of,
(a) the Chief Justice of the Ontario Court, who shall be
president of the Ontario Court;
(b) a regional senior judge of the General Division for
each region;
(c) a senior judge of the General Division for the
Unified Family Court; and
Composition
of General
Division
Bill 2
COURTS OF JUSTICE
1989
(d) such number of judges of the General Division as is
fixed under clause 52 (1) (a). 1984, c. 11, s. 4 (1),
amended.
Additional
judges
R.S.C. 1985,
c. J-1
(2) There shall be such additional offices of judge of the
General Division as are from time to time required, to be held
by Chief Justices of the Ontario Court and regional senior
judges of the General Division who have elected under the
Judges Act (Canada) to perform only the duties of a judge of
the Ontario Court. 1984, c. 11, s. 6 (1), amended.
Super-
numerary
judges
(3) There shall be such additional offices of supernumerary
judge of the General Division as are from time to time
required, to be held by judges of the General Division who
have elected under the Judges Act (Canada) to hold office
only as a supernumerary judge of that division. 1984, c. 11,
s. 6 (3), amended.
Assignment
of judges
from Court
of Appeal
12. — (1) The Chief Justice of Ontario, with the concur-
rence of the Chief Justice of the Ontario Court, may assign a
judge of the Court of Appeal to perform the work of a judge
of the General Division. 1984, c. 11, s. 9 (1), amended.
Court of
Appeal
judges
(2) A judge of the Court of Appeal is, by virtue of his or
her office, a judge of the General Division and has all the
jurisdiction, power and authority of a judge of the General
Division. 1984, c. 11, s. 8, amended.
Powers and
duties of
Chief Justice
of Ontario
Court
Regional
senior
judges,
General
Division
13. — (1) The Chief Justice of the Ontario Court shall
direct and supervise the sittings of the Ontario Court (General
Division) and the assignment of its judicial duties.
(2) A regional senior judge of the General Division shall,
subject to the authority of the Chief Justice of the Ontario
Court, exercise the powers and perform the duties of the
Chief Justice in respect of the General Division in his or her
region.
Delegation (3) ^ regional senior judge of the General Division may
delegate to a judge of the General Division in his or her
region the authority to exercise specified functions. New.
Absence of
Chief Justice
of Ontario
Court
Absence of
regional
senior judge
of General
Division
(4) If the Chief Justice of the Ontario Court is absent from
Ontario or is for any reason unable to act, his or her powers
and duties shall be exercised and performed by a regional
senior judge of the General Division designated by the Chief
Justice of the Ontario Court. 1984, c. 11, s. 4 (3), amended. ,
(5) The powers and duties of a regional senior judge of the I
General Division who is absent from Ontario or is for any rea- 1
1989
COURTS OF JUSTICE
Bill 2
7
son unable to act shall be exercised and performed by a judge
of the General Division designated by the Chief Justice of the
Ontario Court.
(6) The Chief Justice of the Ontario Court may hold meet- Meetings
ings with the regional senior judges of the General Division in ^nbrjudges
order to consider any matters concerning sittings of the Gen-
eral Division and the assignment of its judicial duties. New.
14.— (1) The Chief Justice of the Ontario Court shall Jj^^l^^'g^j ^^
assign every judge of the General Division to a region and regent
may re-assign a judge from one region to another.
(2) There shall be at least one judge of the General ^t least one
Division assigned to each county and district. coumy" ^^^
(3) No judge of the General Division who was a judge of High Court
the High Court of Justice or the District Court of Ontario court judges
before this section comes into force shall be assigned without
his or her consent to a region other than the region in which
he or she resided immediately before this section comes into
force.
(4) Subsections (1) to (3) do not prevent the temporary Wem
assignment of a judge to a location anywhere in Ontario.
New.
15. A proceeding in the General Division shall be heard Composition
and determined by one judge of the General Division. 1984, hearings °^
c. 11, s. 14 (1), amended.
16. An appeal lies to the General Division from,
(a) an interlocutory order of a master;
(b) a certificate of assessment of costs issued in a pro-
ceeding in the General Division, on an issue in
respect of which an objection was served under the
rules of court. 1984, c. 11, s. 13 (2), amended.
DIVISIONAL COURT
Appeals to
General
Division
17. — (1) There shall be a branch of the General Division Divisional
to be known as the Divisional Court consisting of the Chief
Justice of the Ontario Court who shall be president of the
court and such other judges of the General Division as the
Chief Justice designates from time to time.
(2) Every judge of the General Division is also a judge of Jurisdiction
the Divisional Court. 1984, c. 11, s. 5, amended. J"'^^"
8 Bill 2 COURTS OF JUSTICE 1989
Divisional jg, — (1) An appeal lies to the Divisional Court from.
Court V / rr
jurisdiction
(a) a final order of a judge of the General Division,
(i) for a single payment of not more than
$25,000, exclusive of costs,
(ii) for periodic payments that amount to not
more than $25,000, exclusive of costs, in the
twelve months commencing on the date the
first payment is due under the order,
(iii) dismissing a claim for an amount that is not
more than the amount set out in subclause (i)
or (ii), or
(iv) dismissing a claim for an amount that is more
than the amount set out in subclause (i) or (ii)
and in respect of which the judge indicates
that if the claim had been allowed the amount
awarded would have been not more than the
amount set out in subclause (i) or (ii);
(b) an interlocutory order of a judge of the General
Division, with leave as provided in the rules of
court;
(c) a final order of a master. 1984, c. 11, s. 15 (1),
amended.
Combining^f (2) The Divisional Court has jurisdiction to hear and deter-
Generai ™"' mine an appeal that lies to the General Division if an appeal
Division jn the same proceeding lies to and is taken to the Divisional
Court.
Idem (3) j\^Q Divisional Court may, on motion, transfer an
appeal that has already been commenced in the General
Division to the Divisional Court for the purpose of subsection
(2). 1984, c. 11, s. 15 (2), amended.
infeiiocuto'" ^^^ ^*^ appeal lies from an interlocutory order of a judge of
orders the General Division made on an appeal from an interlocutory
order of the Provincial Division. 1984, c. 11, s. 36 (4),
amended.
heard^'n ^^' — ^^^ ^" appeal to the Divisional Court shall be heard
regions in the region in which the order appealed from was made,
unless the parties agree otherwise.
1989
COURTS OF JUSTICE
Bill 2
(2) Any other proceeding in the Divisional Court may be other
, ^ ^ t . • ■ XT proceedings
brought in any region. New. - -
in any region
20. — (1) A proceeding in the Divisional Court shall be Composition
heard and determined by three judges sitting together. hearings ""^
(2) A proceeding in the Divisional Court may be heard and w^m
determined by one judge where the proceeding,
(a) is an appeal under clause 18 (1) (c);
(b) is an appeal under section 30 from a provincial
judge or a deputy judge presiding over the Small
Claims Court; or
(c) is in a matter that the Chief Justice of the Ontario
Court or a judge designated by the Chief Justice is
satisfied, from the nature of the issues involved and
the necessity for expedition, can and ought to be
heard and determined by one judge.
(3) A motion in the Divisional Court shall be heard and
determined by one judge, unless otherwise provided by the
rules of court.
Idem,
motions
(4) A judge assigned to hear and determine a motion may I'lem
adjourn it to a panel of the Divisional Court.
(5) A panel of the Divisional Court may, on motion, set I'lem
aside or vary the decision of a judge who hears and deter-
mines a motion. 1984, c. 11, s. 16, amended.
SMALL CLAIMS COURT
21. — (1) There shall be a branch of the General Division Smaii Claims
to be known as the Small Claims Court consisting of the Chief
Justice of the Ontario Court who shall be president of the
court and such other judges of the General Division as the
Chief Justice designates from time to time.
(2) Every judge of the General Division is also a judge of Jurisdiction
the Small Claims Court. New. °^ J"'^^"
22.— (1) The Small Claims Court,
(a) has jurisdiction in any action for the payment of
money where the amount claimed does not exceed
the prescribed amount exclusive of interest and
costs; and
Jurisdiction
10
Bill 2
COURTS OF JUSTICE
1989
(b) has jurisdiction in any action for the recovery of
possession of personal property where the value of
the property does not exceed the prescribed
amount. 1984, c. 11, s. 78 (1), amended.
Transfer (2) An action in the General Division may be transferred to
DMsion "^'^^' the Small Claims Court by the local registrar of the General
Division on requisition with the consent of all parties filed
before the trial commences if,
(a) the only claim is for the payment of money or the
recovery of possession of personal property; and
(b) the claim is within the jurisdiction of the Small
Claims Court.
Idem
(3) An action transferred to the Small Claims Court shall
be titled and continued as if it had been commenced in that
court. 1984, c. 11, s. 84, amended.
of°S)Sfor" 23.— (1) A proceeding in the Small Claims Court shall be
hearings heard and determined by one judge of the General Division.
Where
deputy judge
not to
preside
^uTe"or^' ^^^ ^ proceeding in the Small Claims Court may also be
depuVjudge heard and determined by,
may preside
(a) a provincial judge who was assigned to the Provin-
cial Court (Civil Division) immediately before this
section comes into force; or
(b) a deputy judge appointed under section 31.
(3) A deputy judge shall not hear and determine an action,
(a) for the payment of money in excess of the pre-
scribed amount; or
(b) for the recovery of possession of personal property
exceeding the prescribed amount in value. New.
24. The Small Claims Court shall hear and determine in a
summary way all questions of law and fact and may make such
order as is considered just and agreeable to good conscience.
1984, c. 11, s. 78 (3), amended.
Representation 25. A party may be represented in a proceeding in the
Small Claims Court by counsel or an agent but the court may
exclude from a hearing anyone, other than a barrister and
solicitor qualified to practise in Ontario, appearing as an agent
on behalf of a party if it finds that such person is not compe-
Summary
hearings
1989
COURTS OF JUSTICE
Bill 2
11
tent properly to represent the party or does not understand
and comply at the hearing with the duties and responsibilities
of an advocate. 1984, c. 11, s. 79, amended.
26.— (1) Subject to subsections (3) and (4), the Small Evidence
Claims Court may admit as evidence at a hearing and act
upon any oral testimony and any document or other thing so
long as the evidence is relevant to the subject-matter of the
proceeding, but the court may exclude anything unduly repeti-
tious.
(2) Subsection (1) applies whether or not the evidence is wem
given or proven under oath or affirmation or admissible as
evidence in any other court.
(3) Nothing is admissible in evidence at a hearing,
(a) that would be inadmissible by reason of any privi-
lege under the law of evidence; or
(b) that is inadmissible by any Act.
Idem
(4) Nothing in subsection (1) overrides the provisions of Conflicts
any Act expressly limiting the extent to or purposes for which
any oral testimony, documents or things may be admitted or
used in evidence in any proceeding.
(5) A copy of a document or any other thing may be admit- Copies
ted as evidence at a hearing if the presiding judge is satisfied
as to its authenticity. 1984, c. 11, s. 80, amended.
27. The Small Claims Court may order the times and the J^^J^^^'J"^"^
proportions in which money payable under an order of the
court shall be paid. 1984, c. 11, s. 81, amended.
28. An award of costs in the Small Claims Court, other
than disbursements, shall not exceed 15 per cent of the
amount claimed or the value of the property sought to be
recovered unless the court considers it necessary in the inter-
ests of justice to penalize a party, counsel or agent for unrea-
sonable behaviour in the proceeding. New.
29. Orders of the Small Claims Court shall be directed to
a bailiff appointed under subsection 32 (1) for enforcement,
unless otherwise provided by the rules of court. 1984, c. 11,
s. 82, amended.
Limit on
costs
Enforcement
of orders
30. An appeal lies to the Divisional Court from a final Appeals
order of the Small Claims Court in an action.
12
Bill 2
COURTS OF JUSTICE
1989
(a) for the payment of money in excess of $500, exclud-
ing costs; or
(b) for the recovery of possession of personal property
exceeding $500 in value. 1984, c. 11, s. 83,
amended.
Deputy
judges
31. — (1) A regional senior judge of the General Division
may, with the approval of the Attorney General, appoint a
barrister and solicitor to act as a deputy judge of the Small
Claims Court for a term of three years.
Idem
(2) A regional senior judge of the General Division may
renew the appointment of a deputy judge for one or more
three-year terms.
Idem
(3) The appointment of a person who was a deputy judge
immediately before this section comes into force is deemed to
be renewed under subsection (2) on the day this section comes
into force. New.
C'erkand 32. — (1) There shall be a clerk and one or more bailiffs
Small Claims for cach division of the Small Claims Court who shall be
Court appointed by the Lieutenant Governor in Council.
Idem
(2) With the approval of the Deputy Attorney General or
the person designated by the Deputy Attorney General, every
clerk and bailiff of the Small Claims Court in a division that is
not designated under clause 52 (1) (g) may appoint in writing
a deputy who may exercise and perform all the powers and
duties of the clerk or bailiff.
Referee
(3) The Lieutenant Governor in Council may appoint a
referee for a division of the Small Claims Court. 1984, c. 11,
s. 86 (4, 5), amended.
Provincial
Division
Composition
of Provincial
Division
PROVINCIAL DIVISION
33. The Provincial Court (Criminal Division), the Provin-
cial Court (Family Division) and the Provincial Offences
Court are amalgamated and continued as a court of record
named the Ontario Court (Provincial Division). New.
34. The Provincial Division shall consist of,
(a) the Chief Judge of the Provincial Division
appointed under subsection 41 (3), who shall be
president of the Provincial Division;
1989
COURTS OF JUSTICE
Bill 2
13
(b) a regional senior judge of the Provincial Division
appointed under subsection 41 (4) for each region;
and
(c) such provincial judges as are appointed under
subsection 41 (1). New.
35. — (1) The Chief Judge of the Provincial Division shall Po^'^rs and
duties of
direct and supervise the sittings of the Provincial Division and chief Judge
the assignment of its judicial duties
amended.
1984, C. 11, S. 63 (5), of Provincial
Division
(2) A regional senior judge of the Provincial Division shall, Regional
subject to the authority of the Chief Judge of the Provincial judges,
Division, exercise the powers and perform the duties of the Provincial
Chief Judge of the Provincial Division in his or her region.
Division
(3) A regional senior judge of the Provincial Division may Delegation
delegate to a judge of the Provincial Division in his or her
region the authority to exercise specified functions. New.
(4) If the Chief Judge of the Provincial Division is absent Absence of
from Ontario or is for any reason unable to act, his or her of Provincial
powers and duties shall be exercised and performed by a Division
regional senior judge of the Provincial Division designated by
the Chief Judge of the Provincial Division. 1984, c. 11,
s. 63 (7), amended.
(5) The powers and duties of a regional senior judge of the Absence of
Provincial Division who is absent from Ontario or is for any Seniorludge
reason unable to act shall be exercised and performed by a of Provincial
judge of the Provincial Division designated by the Chief Judge ^'^'*'°"
of the Provincial Division.
(6) The Chief Judge of the Provincial Division may hold Meetings
meetings with the regional senior judges of the Provincial ^niorfildges
Division in order to consider any matters concerning sittings
of the Provincial Division and the assignment of its judicial
duties. New.
36. — (1) The Chief Judge of the Ontario Court (Provincial Judges
Division) shall assign every provincial judge to a region and ?egS ^°
may re-assign a judge from one region to another.
(2) Subsection (1) does not prevent the temporary assign- i^em
ment of a provincial judge to a location anywhere in Ontario.
New.
37. — (1) A provincial judge has the power and authority Criminal
of two or more justices of the peace when sitting in the ^""^ '^^'°"
14
Bill 2
COURTS OF JUSTICE
1989
Provincial Division and shall exercise the powers and perform
the duties that any Act of the Parliament of Canada confers
on a provincial court judge when sitting in the Provincial
Division. 1984, c. 11, s. 67 (1), amended.
Provincial
offences and
family
jurisdiction
R.S.O. 1980,
c. 400
1986, c. 4
R.S.O. 1980,
c. 68
1984, c. 55
Youth court
jurisdiction
R.S.C. 1985,
c. Y-1
(2) The Provincial Division shall perform any function
assigned to it by or under the Provincial Offences Act, the
Family Law Act, 1986, the Children's Law Reform Act, the
Child and Family Services Act, 1984 or any other Act. 1984,
c. 11, s. 69, s. 75 (1) (a), (k), amended.
(3) The Provincial Division is a youth court for the pur-
poses of the Young Offenders Act (Canada). 1984, c. 11,
s. 67 (2), s. 75 (1) (b), amended.
Judge to
preside
38. — (1) A proceeding in the Provincial Division shall be
heard and determined by one judge of the Provincial Division.
1984, c. 11, s. 66 (2), s. 74 (2), amended.
Justice of the
peace may
preside
R.S.O. 1980,
c. 400
Appeals
(2) A justice of the peace may preside over the Provincial
Division in a proceeding under the Provincial Offences Act.
1984, c. 11, s. 68 (2), amended.
39. — (1) If no provision is made concerning an appeal
from an order of the Provincial Division, an appeal lies to the-
General Division.
Exception (2) Subscction (1) does not apply to a proceeding under the
R.S.C. 1985, Criminal Code (Canada) or the Provincial Offences Act.
1987, c. 1, s. 6, amended.
Penalty for
disturbance
outside
courtroom
40. Any person who knowingly disturbs or interferes with
a proceeding in the Provincial Division without reasonable
justification while outside the courtroom is guilty of an
offence and on conviction is liable to a fine of not more than
$1,000 or to imprisonment for a term of not more than thirty
days, or to both. 1984, c. 11, s. 72, amended.
PROVINCIAL JUDGES \
*
^f^'ToviS ^1'— (1) The Lieutenant Governor in Council, on the
judge"^'"'^'^ recommendation of the Attorney General, may appoint such
provincial judges as are considered necessary.
Qualifications (2) No pcrson shall be appointed as a provincial judge
unless he or she has been a member of the bar of one of the
provinces of Canada for at least ten years. 1984, c. 11, s. 52.
1989 COURTS OF JUSTICE Bill 2 15
(3) The Lieutenant Governor in Council may appoint a chief Judge
provincial judge as Chief Judge of the Provincial Division.
1984, c. 11, s. 63 (1), amended.
(4) The Lieutenant Governor in Council may appoint a Regional
provincial judge to be the regional senior judge of the Provin- ^^"'"'^ ^" ^^^
cial Division for each region.
(5) The Chief Judge of the Provincial Division and the Term of
regional senior judges of the Provincial Division shall hold
office for five years.
(6) If a successor is not appointed within five years, the wem
Chief Judge or a regional senior judge shall continue in office
until the successor is appointed, but in no case shall the Chief
Judge or regional senior judge hold office for more than seven
years.
(7) A Chief Judge or a regional senior judge whose term of Former Chief
office expires under subsection (5) or (6) shall continue to " ^^' ^^^'
hold the office of provincial judge and is entitled to an annual
salary equal to the greater of,
(a) the current annual salary of a provincial judge; or
(b) the annual salary he or she received immediately
before ceasing to be Chief Judge or regional senior
judge.
(8) A Chief Judge or regional senior judge whose term of chief judge,
office expires under subsection (5) or (6) shall not be be'^ ' "°* *°
reappointed to the same position. New. reappointed
42. — (1) A provincial judge shall devote his or her whole other
time to the performance of his or her duties as a judge, except ^'"p°>''"^"*
as authorized by the Lieutenant Governor in Council.
(2) Despite subsection (1), a provincial judge who, before I'Jem
the 1st day of January, 1985, had the consent of the Attorney
General to act as an arbitrator or conciliator may continue to
so act. 1984, c. 11, s. 53, amended.
43. — (1) Every provincial judge shall retire upon attaining Retirement
the age of sixty-five years.
(2) Despite subsection (1), a provincial judge appointed as I'Jem
a full-time magistrate, judge of a juvenile and family court or
master before the 2nd day of December, 1968 shall retire
upon attaining the age of seventy years.
16
Bill 2
COURTS OF JUSTICE
1989
Continuation
of judges in
office
Idem
Continuation
of regional
senior judge
in office
Idem
Continuation
of
Co-ordinator
in office
1989, c. 46
Idem
Continuation
in office of
Chief Judge
of Provincial
Division
Resignation
of judge
Resignation
as Chief
Judge, etc.
(3) A judge who has attained the age of sixty-five years
may, subject to the annual approval of the Chief Judge of the
Provincial Division, continue in office as a full-time or part-
time judge until he or she attains the age of seventy years.
(4) A judge who has attained the age of seventy years may,
subject to the annual approval of the Judicial Council, con-
tinue in office as a full-time or part-time judge until he or she
has attained the age of seventy-five years.
(5) Subject to subsections 41 (5) and (6), a regional senior
judge of the Provincial Division who is in office upon attain-
ing the age of sixty-five years may, subject to the annual
approval of the Chief Judge of the Provincial Division, con-
tinue in that office until he or she has attained the age of sev-
enty years.
(6) Subject to subsections 41 (5) and (6), a regional senioi
judge of the Provincial Division who is in office upon attain-
ing the age of seventy years may, subject to the annua
approval of the Judicial Council, continue in that office unti
he or she has attained the age of seventy-five years.
(7) Subject to subsections 13 (2) and (3) of the Justices oj
the Peace Act, 1989, if the Co-ordinator of Justices of the
Peace is in office upon attaining the age of sixty-five years, he
or she may, subject to the annual approval of the Chief Judg^
of the Provincial Division, continue in that office until he o
she has attained the age of seventy years.
(8) Subject to subsections 13 (2) and (3) of the Justices of
the Peace Act, 1989, if the Co-ordinator of Justices of the
Peace is in office upon attaining the age of seventy years, he
or she may, subject to the annual approval of the Judicial
Council, continue in that office until he or she has attained
the age of seventy-five years. New.
(9) Subject to subsections 41 (5) and (6), if the Chief Judge
of the Provincial Division is in office upon attaining the age
for retirement under subsection (1) or (2), he or she may, sub-
ject to the annual approval of the Judicial Council, continue
in that office until he or she has attained the age of seventy-
five years. 1984, c. 11, s. 54, amended.
44. — (1) A provincial judge may at any time resign from
his or her office by delivering a signed letter of resignation tO|
the Attorney General. |
(2) A Chief Judge or a regional senior judge may, beforej
the expiry of his or her term of office under subsection 41 iM
1989 COURTS OF JUSTICE Bill 2 17
or (6), elect to hold the office of a provincial judge only, by
delivering a signed letter to that effect to the Attorney
General.
(3) The Co-ordinator of Justices of the Peace may, before Resignation
the expiry of his or her term of office under subsection 13 (2) coordinator
or (3) of the Justices of the Peace Act, 1989, elect to hold the i989, c. 46
office of a provincial judge only, by delivering a signed letter
to that effect to the Attorney General. New.
(4) A resignation or election under this section takes effect Effective
on the day the letter is delivered to the Attorney General or,
if the letter specifies a later day, on that day. 1984, c. 11,
s. 55, s. 65, amended.
45. — (1) A provincial judge may be removed from office Removal for
before attaining retirement age only if,
(a) a complaint regarding the judge has been made to
the Judicial Council; and
(b) the removal is recommended by an inquiry held
under section 49 on the ground that the judge has
become incapacitated or disabled from the due exe-
cution of his or her office by reason of,
(i) infirmity,
(ii) conduct that is incompatible with the execu-
tion of his or her office, or
(iii) having failed to perform the duties of his or
her office.
(2) An order removing a provincial judge from office under 2!^fL^°'^
this section may be made by the Lieutenant Governor on the
address of the Legislative Assembly. 1984, c. 11, s. 56,
amended.
46. — (1) The Judicial Council for Provincial Judges is con- Judicial
tinued as the Ontario Judicial Council and shall be composed
of,
(a) the Chief Justice of Ontario, who shall preside over
the Ontario Judicial Council;
(b) the Associate Chief Justice of Ontario;
(c) the Chief Justice of the Ontario Court;
removal
18
Bill 2
COURTS OF JUSTICE
1989
(d) the Chief Judge of the Ontario Court (Provincial
Division);
(e) the Treasurer of The Law Society of Upper
Canada; and
(f) not more than two other persons appointed by the
Lieutenant Governor in Council.
Quorum (2) A majority of members of the Judicial Council consti-
tutes a quorum and is sufficient for the exercise of all the
jurisdiction and powers of the Judicial Council.
Staff (3) Such officers and employees of the Judicial Council as
R.s.o. 1980, are considered necessary may be appointed under the Public
Service Act.
Expert (4^ xhe Judicial Council may engage persons, including
counsel, to assist it in its investigations. 1984, c. 11, s. 57,
amended.
Transition
(5) An investigation commenced by the Judicial Council
before this section comes into force shall be continued by the
Judicial Council as it was constituted before this section comes
into force. New.
Functions
47. — (1) The functions of the Judicial Council are,
(a) to consider all proposed appointments of provincial
judges and make a report on them to the Attorney
General;
(b) to receive and investigate complaints against provin-
cial judges.
Liability for
damages
(2) No action or other proceeding for damages shall be
instituted against the Judicial Council or any member or offi-
cer of it or any person acting under its authority for any act
done in good faith in the execution or intended execution of
its or his or her duty. 1984, c. 11, s. 58.
o7coWa'rn"s '^^^ — ^^^ Where the Judicial Council receives a complaint
compams ^g^-^^^^ ^ provincial judge, it shall take such action to investi-
gate the complaint as it considers advisable.
Ch[ef7udee ^^} ^^^ Judicial Council may transmit those complaints it
considers appropriate,
(a) concerning provincial judges to the Chief Judge of j
the Provincial Division; and
1989
COURTS OF JUSTICE
Bill 2
19
(b) concerning masters to the Chief Justice of the
Ontario Court.
(3) The proceedings of the Judicial Council shall not be
pubHc, but it may inform the Attorney General respecting
matters that it has investigated and the Attorney General may
make public the fact that an investigation has been under-
taken.
Proceedings
not public
(4) The Judicial Council may order that information or doc- Prohibiting
uments relating to its proceedings not be published or dis- ^"
closed except as required by law.
(5) The Judicial Council has all the powers of a commission Powers
under Part II of the Public Inquiries Act, which Part applies to R s.o. 1980,
the investigation as if it were an inquiry under that Act. '^ "^^^
(6) When the Judicial Council has dealt with a complaint Notice of
regarding a provincial judge, it shall inform the following per- '^p*'^"'°"
sons of its disposition of the complaint:
1. The person who made the complaint.
2. If the complaint was brought to the attention of the
judge, the judge.
(7) The Judicial Council may report its opinion regarding Report and
the complaint to the Attorney General and may recommend, da^kJ^s^^"
(a) that an inquiry be held under section 49;
(b) that the judge be compensated for all or part of the
costs incurred by the judge relating to the investiga-
tion.
(8) A copy of a report made under subsection (7) shall be Copy to
given to the judge. j"'*®^
(9) The Judicial Council shall not make a report under sub- Right to be
section (7) unless the judge was notified of the investigation ^^^^'^
and given an opportunity to be heard and to produce evidence
on his or her behalf.
(10) When the Judicial Council makes a report to the
Attorney General under subsection (7), the Attorney General
may make all or part of the report public, if he or she is of the
opinion that it is in the public interest to do so. 1984, c. 11,
s. 59, amended.
Publication
of report
20
Bill 2
COURTS OF JUSTICE
1989
Inquiry 49, — (1) The Lieutenant Governor in Council may
appoint a judge of the General Division to inquire into the
question whether a provincial judge should be removed from
office.
Powers
R.S.O. 1980,
c. 411
Report
(2) The Public Inquiries Act applies to an inquiry under
subsection (1).
(3) The report of the inquiry may recommend,
(a) that the judge be removed from office;
(b) that the judge be compensated for all or part of the
costs incurred by the judge relating to the inquiry.
Tabling of
report
(4) The report of the inquiry shall be laid before the Legis-
lative Assembly if it is in session or, if not, within fifteen days
after the commencement of the next session. 1984, c. 11,
s. 60, amended.
Provincial
Judges
Remuneration
Commission
50. — (1) The committee known as the Ontario Provincial
Courts Committee is continued as the Provincial Judges
Remuneration Commission.
Composition
of
Commission
(2) The Commission shall be composed of the following
three members:
1 . One appointed jointly by the associations represent-
ing provincial judges.
2. One appointed by the Lieutenant Governor in
Council.
3. One, who shall head the Commission, appointed
jointly by the bodies referred to in paragraphs 1 and
2.
Function
(3) The function of the Provincial Judges Remuneration
Commission is to inquire into and make recommendations to
the Lieutenant Governor in Council respecting any matter
relating to the remuneration, allowances and benefits of pro-
vincial judges, including the matters referred to in clauses
52 (1) (b) and (c).
Annual
report
(4) The Commission shall make an annual report of its
activities to the Lieutenant Governor in Council.
Tabling of (5) Recommcndatious of the Commission and its annual
dations report shall be laid before the Legislative Assembly if it is in
1989 COURTS OF JUSTICE Bill 2 21
session or, if not, within fifteen days of the commencement of
the next session. 1984, c. 11, s. 88, amended.
MISCELLANEOUS
51. — (1) The judges of the Ontario Court of Justice shall Meeting of
meet at least once in each year, on a day fixed by the Chief ^" ^^^
Justice of the Ontario Court, in order to consider this Act, the
rules of court and the administration of justice generally.
(2) The judges shall report their recommendations to the '''em
Attorney General. 1984, c. 11, s. 10, amended.
(3) The judges of the Ontario Court of Justice in each Regional
region shall meet at least once in each year, on a day fixed by judges ^ ^
the regional senior judge of the General Division, in order to
consider this Act, the rules of court and the administration of
justice in the region generally.
(4) The judges shall report their recommendations to the I'lem
Attorney General. New.
52. — (1) The Lieutenant Governor in Council may make Regulations
regulations,
(a) fixing the number of judges of the General Division
who are in addition to the Chief Justice, the
regional senior judges and the Senior Judge for the
Unified Family Court;
(b) fixing the remuneration of provincial judges and
masters;
(c) providing for the benefits to which provincial judges
and masters are entitled, including,
(i) leave of absence and vacations,
(ii) sick leave credits and payments in respect of
those credits,
(iii) pension benefits for provincial judges, masters
and their surviving spouses and children;
(d) prescribing territorial divisions for the Small Claims
Court;
(e) prescribing the maximum amount of a claim in the
Small Claims Court for the purposes of subsection
22(1);
22 Bill 2 COURTS OF JUSTICE 1989
(f) prescribing the maximum amount of a claim over
which a deputy judge may preside for the purposes
of subsection 23 (3);
(g) providing for the retention of fees by clerks, bailiffs
and referees of the Small Claims Court who are not
R.s.o. 1980, civil servants under the Public Service Act and des-
^' ^^^ ignating divisions where clerks, baiUffs and referees
of the Small Claims Court may be appointed to a
position as a civil servant under that Act;
(h) prescribing the duties of clerks, bailiffs and referees
of the Small Claims Court;
(i) prescribing for each region the minimum number of
judges of the General Division and of the Provincial
Division who are to be assigned to that region.
1984, c. 11, s. 4 (2), s. 20 (4), s. 87 (1), amended.
Wem (2) A reduction in the number of judges of the General
Division under clause (1) (a) does not affect appointments
existing at the time of the reduction. 1984, c. 11, s. 4 (2),
amended.
Contributions (3) Regulations made under clause (1) (c) may require
judges and masters to contribute from their salaries part of
the costs of benefits and may fix the amount of the contribu-
tions.
I
Application (4) A regulation made under clause (1) (c) may modify or-
R.s.o. 1980, exclude the application of the Public Service Superannuation
c- 419 ' Act.
Application (5) \ regulation made under subsection (1) may be general
reguaions ^^ particular in its application. 1984, c. 11, s. 20 (5-7),
s. 87 (2-4), amended.
PART III
Unified Family Court
Famif'court ^^' ^^^ Unified Family Court is continued as a superior
amiy ourt ^^^^ ^^ record in and for The Regional Municipality of
Hamilton-Wentworth. 1984, c. 11, s. 38, amended.
CompcKition 54._(i) The Unified Family Court shall be presided over
by.
1989
COURTS OF JUSTICE
Bill 2
23
(a) a judge of the Ontario Court (General Division)
appointed as senior judge for the Unified Family
Court; or
(b) a judge of the Ontario Court (General Division),
who is authorized under subsection (3) to exercise the jurisdic-
tion of a judge of the Ontario Court (Provincial Division).
(2) The senior judge for the Unified Family Court shall Duties of
supervise and direct the sittings and the assignment of the ^^"'"'^ ^" ^^
judicial duties of the Unified Family Court.
(3) The Lieutenant Governor in Council may authorize a ^"^^'ority for
judge of the General Division to exercise the jurisdiction of a oivIsioT
judge of the Provincial Division. matters
(4) A judge who may preside over the Unified Family Exercise of
Court shall exercise his or her jurisdiction as a judge of the ^urL^diction
General Division or a judge of the Provincial Division in the
matters in which the General Division or the Provincial
Division or a judge of one of them has jurisdiction under the
statutory provisions set out in the Schedule to this Part.
1984, c. 11, s. 39; 1987, c. 1, s. 1, amended.
55. — (1) Proceedings taken in a court in The Regional Proceedings
Municipality of Hamilton-Wentworth under the statutory pro- Fami"y court
visions set out in the Schedule to this Part, other than by way
of appeal, shall be commenced and titled in the Unified
Family Court and the jurisdiction of the court shall be exer-
cised in the Unified Family Court.
(2) A motion for interim relief under the Divorce Act, 1985 I'^^m
(Canada), the Family Law Act, 1986 or the Children's Law f^^ ^^^^'
Reform Act in a proceeding in the General Division shall be 1956 c. 4
heard in the Unified Family Court if it is required or permit- r.s.o. 1980,
ted to be heard in The Regional Municipality of Hamilton- '^- ^^
Wentworth by the rules of court or an order of the court.
1984, c. 11, s. 40 (1, 2) amended.
(3) All proceedings commenced in or transferred to the ^o jury
Unified Family Court shall be heard and determined without a
jury. 1984, c. 11, s. 40 (4), amended.
56. Where a proceeding is commenced in the Unified ^t^er
Family Court in a matter over which jurisdiction may be exer- ^""* "^*'°"
cised in the Unified Family Court and is combined with a
related matter in the jurisdiction of the judge but respecting
which jurisdiction may not be exercised in the Unified Family
24
Bill 2
COURTS OF JUSTICE
1989
Court, the court may, with leave of the judge, hear and deter-
mine the combined matters. 1984, c. 11, s. 41, amended.
Orders of
predecessor
court
57. — (1) The Unified Family Court may hear and deter-
mine an application under an Act to discharge, vary or sus-
pend an order made by the Provincial Court (Family Division)
of the Judicial District of Hamilton-Wentworth.
Enforcement
Place where
proceedings
commenced
Idem,
custody or
access
R.S.O. 1980,
c. 68
(2) The Unified Family Court may enforce orders made by
the Provincial Court (Family Division) of the Judicial District
of Hamilton-Wentworth. 1984, c. 11, s. 42, amended.
58. — (1) Subject to subsection (2), proceedings referred to
in subsection 55 (1) may be commenced in the Unified Family
Court where the applicant or the respondent resides in The
Regional Municipality of Hamilton-Wentworth. 1984, c. 11,
s. 44 (1), amended.
(2) An application under Part III of the Children's Law
Reform Act in respect of a child who ordinarily resides in The
Regional Municipality of Hamilton-Wentworth may be com-
menced in the Unified Family Court. 1984, c. 11, s. 44 (2),
amended.
Transfer to
other court
(3) A judge who may preside over the Unified Family
Court may, on motion, order that a proceeding commenced in
the Unified Family Court be transferred to the appropriate
court in a place where there is no Unified Family Court if, in
the opinion of the judge, there is a preponderance of conven-
ience for the matter to be dealt with by that court. 1984,
c. 11,8.44(3).
Transfer
from other
court
(4) A judge of a court having jurisdiction in a proceeding
under a statutory provision set out in the Schedule to this Part
in an area other than The Regional Municipality of Hamilton-
Wentworth may, on motion, order that the proceeding be
transferred to the Unified Family Court if, in the opinion of
the judge, there is a preponderance of convenience for the
matter to be dealt with by that court. 1984, c. 11, s. 44 (4),
amended.
Directions
Status of
orders
(5) A judge making an order under subsection (3) or (4)
may give such directions for the transfer as are considered
just. 1984, c. 11, s. 44(5).
59. An order of a judge presiding over the Unified Family
Court made in the exercise of his or her jurisdiction as a judge
of the Ontario Court (General Division) is an order of the
General Division for all purposes. 1984, c. 11, s. 45,
amended.
1989 COURTS OF JUSTICE Bill 2 25
60. — (1) Subject to subsections (2) and (3), a provision for Appeals
an appeal from an order made under the statutory provisions
set out in the Schedule to this Part applies to an order when
made in the exercise of the jurisdiction by a judge presiding
over the Unified Family Court.
(2) Where an order made by the Unified Family Court Wem
under a statutory provision set out in the Schedule to this Part
is within the jurisdiction of the Ontario Court (General
Division) outside The Regional Municipality of Hamilton-
Wentworth, the order shall, for the purposes of an appeal, be
deemed to have been made by a judge of the General
Division. 1984, c. 11, s. 46 (1, 2), amended.
(3) A provision for an appeal to the Ontario Court wem
(General Division) or a judge of it from an order made by the
Unified Family Court under the statutory provisions set out in
the Schedule to this Part shall be deemed to provide for an
appeal to the Divisional Court. New.
(4) Where no provision is made for an appeal from an I'^em
order of a judge presiding over the Unified Family Court, an
appeal lies,
(a) to the Court of Appeal from a final order, except
an order referred to in clause (b);
(b) to the Divisional Court from a final order,
(i) for a single payment of not more than
$25,000, exclusive of costs,
(ii) for periodic payments that amount to not
more than $25,000, exclusive of costs, in the
twelve months commencing on the date the
first payment is due under the order,
(iii) dismissing a claim for an amount that is not
more than the amount set out in subclause (i)
or (ii), or
(iv) dismissing a claim for an amount that is more
than the amount set out in subclause (i) or (ii)
and in respect of which the judge indicates
that if the claim had been allowed the amount
awarded would have been not more than the
amount set out in subclause (i) or (ii); or
26 Bill 2 COURTS OF JUSTICE 1989
(c) to the Divisional Court from an interlocutory order,
with leave as provided in the rules of court. 1984,
c. 11, s. 46 (4), amended.
Criminal 51, — (1) A judge presiding over the Unified Family Court
jurisdiction ^^^ ^^j ^^^ powers of a judge sitting in the Ontario Court
(Provincial Division) for the purposes of proceedings under
R.s.c. 1985, the Criminal Code (Canada).
Idem (2) The Unified Family Court shall be deemed to be and
shall sit as the Provincial Division,
(a) for the purpose of dealing with young persons as
R.s.o. 1980, defined in the Provincial Offences Act; and
c. 400 •'•'
1986, c. 4 (b) for the purpose of prosecutions under the Family
RS.o. 1980, Law Act, 1986, the Children's Law Reform Act, the
Minors' Protection Act and Part III (Child
Protection) and Part VII (Adoption) of the Child
and Family Services Act, 1984.
cc. 68, 293
1984, c. 55
Idem (3) xhe Unified Family Court is a youth court for the pur-
R.s.c. 1985, pose of the Young Offenders Act (Canada). 1984, c. 11,
s. 47, amended.
Conciliation 52. A Conciliation service may be established, maintained
service
and operated as part of the Unified Family Court. 1984,
c. ll,s. 49. '
Rules 53, — (\^ xhe Lieutenant Governor in Council may make
rules for the Unified Family Court in relation to the practice
and procedure of the court and may make rules for the court,
even though they alter or conform to the substantive law, in
relation to,
(a) conduct of proceedings in the court;
(b) joinder of claims and parties, and representation of
parties;
(c) commencement of proceedings and service of
process in or outside Ontario;
(d) discovery and other forms of disclosure before hear-
ing, including their scope and their admissibility and
use in a proceeding;
(e) examination of witnesses in or out of court;
(f) duties of clerks and other officers;
1989
COURTS OF JUSTICE
Bill 2
27
(g) references of proceedings or issues in a proceeding
and the powers of a person conducting a reference;
(h) costs of proceedings;
(i) enforcement of orders and process;
(j) payment into and out of court;
(k) any matter that is referred to in an Act as provided
for by rules of court.
(2) Nothing in subsection (1) authorizes the making of rules Jtiem
that conflict with an Act, but rules may be made under sub-
section (1) supplementing the provisions of an Act in respect
of practice and procedure.
(3) The rules of court made under Part IV do not apply to ^'^e™
proceedings in the Unified Family Court. 1984, c. 11, s. 51,
amended.
SCHEDULE
Jurisdiction under the following statutory provisions:
Statutes
Provisions
1.
Annulment of Marriages Act
(Ontario) (Canada)
All
2.
Change of Name Act, 1986
All
3.
Child and Family Services Act, 1984
Parts III, VI and
VII
4.
Children's Law Reform Act
All, except sections
60 and 61
5.
Divorce Act, 1985 (Canada)
All
6.
Education Act
Sections 29 and 30
7.
Family Law Act, 1986
All, except Part V
8.
Marriage Act
Sections 6 and 9
9.
Minors' Protection Act
Section 2
10. Reciprocal Enforcement of
Maintenance Orders Act, 1982
11. Support and Custody Orders
Enforcement Act, 1985
12. Young Offenders Act (Canada)
All
AU
AU
28 Bill 2 COURTS OF JUSTICE 1989
PART IV
Rules of Court
Civil Rules 54, — (1) The Civil Rules Committee is established and
ommittee ^j^^jj ^^ compOSed of,
(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Justice of the Ontario
Court and the Chief Judge of the Ontario Court
(Provincial Division);
(b) one judge of the Court of Appeal, who shall be
appointed by the Chief Justice of Ontario;
(c) nine judges of the Ontario Court (General Divi-
sion), who shall be appointed by the Chief Justice
of the Ontario Court;
(d) the Attorney General or a person designated by the
Attorney General;
(e) one law officer of the Crown, who shall be
appointed by the Attorney General;
(f) two persons employed in the administration of the
courts, who shall be appointed by the Attorney
General;
(g) four barristers and solicitors, who shall be
appointed by the Benchers of The Law Society of
Upper Canada in convocation;
(h) one barrister and solicitor, who shall be appointed
by the Chief Justice of Ontario; and
(i) four barristers and solicitors, who shall be
appointed by the Chief Justice of the Ontario
Court.
Idem (2) The Chief Justice of Ontario shall preside over the Civil
Rules Committee but, if the Chief Justice of Ontario is absent
or so requests, another member designated by the Chief
Justice of Ontario shall preside.
office'^ "^ (3) Each of the members of the Civil Rules Committee
appointed under clauses (1) (b), (c), (e), (f), (g), (h) and (i)
shall hold office for a period of three years and is eligible for
reappointment.
1989
COURTS OF JUSTICE
Bill 2
29
(4) Where a vacancy occurs among the members appointed vacancies
under clause (1) (b), (c), (e), (f), (g), (h) or (i), a new mem-
ber similarly qualified may be appointed for the remainder of
the unexpired term.
(5) A majority of the members of the Civil Rules Commit- Quorum
tee constitutes a quorum. 1984, c. 11, s. 89, amended.
Civil Rules
65. — (1) Subject to the approval of the Lieutenant Gover-
nor in Council, the Civil Rules Committee may make rules for
the Court of Appeal and the Ontario Court (General Divi-
sion) in relation to the practice and procedure of those courts
in all civil proceedings, including family law proceedings.
(2) The Civil Rules Committee may make rules for the ^'^^^
courts described in subsection (1), even though they alter or
conform to the substantive law, in relation to,
(a) conduct of proceedings in the courts;
(b) joinder of claims and parties, settlement of claims
by or against persons under disability, whether or
not a proceeding has been commenced in respect of
the claim, the binding effect of orders and repre-
sentation of parties;
(c) commencement of proceedings, representation of
parties by solicitors and service of proce'ss in or out-
side Ontario;
(d) disposition of proceedings without a hearing and its
effect and authorizing the Court of Appeal to deter-
mine in the first instance a special case arising in a
proceeding commenced in the Ontario Court
(General Division);
(e) pleadings;
(f) discovery and other forms of disclosure before hear-
ing, including their scope and the admissibility and
use of that discovery and disclosure in a proceeding;
(g) examination of witnesses in or out of court;
(h) jurisdiction of masters, including the conferral on
masters of any jurisdiction of the Ontario Court
(General Division), including jurisdiction under an
Act, but not including the trial of actions or juris-
diction conferred by an Act on a judge;
30 Bill 2 COURTS OF JUSTICE 1989
(i) jurisdiction and duties of officers;
(j) motions and applications, including the hearing of
motions in the absence of the public and prohibiting
a party from making motions without leave;
(k) preservation of rights of parties pending the out-
come of litigation, including sale, recovery of pos-
session or preservation of property;
(1) interpleader;
(m) preparation for trial and offers to settle and their
legal consequences;
(n) the mode and conduct of trials;
(o) the appointment by the court of independent
experts, their remuneration and the admissibility
and use of their reports;
(p) the discount rate to be used in determining the
amount of an award in respect of future pecuniary
damages;
(q) references of proceedings or issues in a proceeding
and the powers of a person conducting a reference;
(r) costs of proceedings, including security for costs and
a solicitor's liability for or disentitlement to costs; j
(s) enforcement of orders and process or obligations
under the rules;
(t) the time for and procedure on appeals and stays
pending appeal;
(u) payment into and out of court;
(v) any matter that is referred to in an Act as provided
for by rules of court.
Idem (3) Nothing in subsection (1) or (2) authorizes the making
of rules that conflict with an Act, but rules may be made
under subsections (1) and (2) supplementing the provisions of
an Act in respect of practice and procedure. 1984, c. 11,
s. 90, amended.
Family Rules 66.— (1) The Family Rules Committee is established and
Committee . ,• , % r
shall be composed of.
1989 COURTS OF JUSTICE Bill 2 31
(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Justice of the Ontario
Court and the Chief Judge of the Ontario Court
(Provincial Division);
(b) the senior judge for the Unified Family Court;
(c) one judge of the Court of Appeal, who shall be
appointed by the Chief Justice of Ontario;
(d) three judges of the Ontario Court (General Divi-
sion), who shall be appointed by the Chief Justice
of the Ontario Court;
(e) four judges of the Ontario Court (Provincial Divi-
sion), who shall be appointed by the Chief Judge of
the Ontario Court (Provincial Division);
(f) the Attorney General or a person designated by the
Attorney General;
(g) one law officer of the Crown, who shall be
appointed by the Attorney General;
(h) two persons employed in the administration of the
courts, who shall be appointed by the Attorney
General;
(i) four barristers and solicitors, who shall be
appointed by the Benchers of The Law Society of
Upper Canada in convocation;
(j) two barristers and solicitors, who shall be appointed
by the Chief Justice of the Ontario Court; and
(k) two barristers and solicitors, who shall be appointed
by the Chief Judge of the Ontario Court (Provincial
Division).
(2) The Chief Justice of Ontario shall preside over the ^^em
Family Rules Committee but, if the Chief Justice of Ontario is
absent or so requests, another member designated by the
Chief Justice shall preside.
(3) Each of the members of the Family Rules Committee Tenure of
appointed under clauses (1) (c), (d), (e), (g), (h), (i), (j) and
(k) shall hold office for a period of three years and is eligible
for reappointment.
32
Bill 2
COURTS OF JUSTICE
1989
Vacancies (4) Where a vacancy occurs among the members appointed
under clause (1) (c), (d), (e), (g), (h), (i), (j) or (k), a new
member similarly qualified may be appointed for the remain-
der of the unexpired term.
Quorum (5) A majority of the members of the Family Rules
Committee constitutes a quorum. New.
Family Rules 57. — (1) Subjcct to the approval of the Lieutenant Gover-
nor in Council, the Family Rules Committee may make rules
for the Court of Appeal, the Ontario Court (General Divi-
sion) and the Ontario Court (Provincial Division) in relation
to the practice and procedure of those courts in proceedings
under statutory provisions set out in the Schedule to Part III
(Unified Family Court), except proceedings under the Young
Offenders Act (Canada).
R.S.C. 1985,
c. Y-1
Idem
(2) Subsections 65 (2) and (3) apply with necessary modifi-
cations to the Family Rules Committee making rules for the
courts described in subsection (1).
May modify (3) xhc rules made by the Family Rules Committee may
rues adopt, modify or exclude the rules made by the Civil Rules
Committee.
Rules for (4) Subjcct to the approval of the Lieutenant Governor in
Offenders Act Council, the Family Rules Committee may prepare rules for
the purpose of section 68 of the Young Offenders Act
(Canada) for consideration by the Ontario Court (Provincial
Division). New.
Criminal
Rules
Committee
68. — (1) The Criminal Rules Committee is established and
shall be composed of,
(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Justice of the Ontario
Court and the Chief Judge of the Ontario Court
(Provincial Division);
(b) one judge of the Court of Appeal, who shall be
appointed by the Chief Justice of Ontario;
(c) three judges of the Ontario Court (General Divi-
sion), who shall be appointed by the Chief Justice
of the Ontario Court;
(d) four judges of the Ontario Court (Provincial
Division), who shall be appointed by the Chief
Judge of the Ontario Court (Provincial Division);
1989
COURTS OF JUSTICE
Bill 2
33
(e) the Co-ordinator of Justices of the Peace;
(f) the Attorney General or a person designated by the
Attorney General;
(g) one law officer of the Crown, who shall be
appointed by the Attorney General;
(h) three Crown attorneys, deputy Crown attorneys or
assistant Crown attorneys, who shall be appointed
by the Attorney General;
(i) two persons employed in the administration of the
courts, who shall be appointed by the Attorney
General;
(j) two barristers and solicitors, who shall be appointed
by the Benchers of The Law Society of Upper
Canada in convocation;
(k) one barrister and solicitor, who shall be appointed
by the Chief Justice of Ontario;
(1) one barrister and solicitor, who shall be appointed
by the Chief Justice of the Ontario Court; and
(m) one barrister and solicitor, who shall be appointed
by the Chief Judge of the Ontario Court (Provincial
Division).
(2) The Chief Justice of Ontario shall preside over the wem
Criminal Rules Committee but, if the Chief Justice of Ontario
is absent or so requests, another member designated by the
Chief Justice of Ontario shall preside.
Tenure of
office
Vacancies
(3) Each of the members of the Criminal Rules Committee
appointed under clauses (1) (b), (c), (d), (e), (g), (h), (i), (j),
(k), (1) and (m) shall hold office for a period of three years
and is eligible for reappointment.
(4) Where a vacancy occurs among the members appointed
under clause (1) (b), (c), (d), (e), (g), (h), (i), (j), (k), (1) or
(m), a new member similarly qualified may be appointed for
the remainder of the unexpired term.
(5) A majority of the members of the Criminal Rules Quorum
Committee constitutes a quorum. New.
69. — (1) Subject to the approval of the Lieutenant Gover-
nor in Council, the Criminal Rules Committee may prepare
Criminal
Rules
34 Bill 2 COURTS OF JUSTICE 1989
R.s.c. 1985, rules for the purposes of section 482 of the Criminal Code
c. c-46 (Canada) for consideration by the Court of Appeal, the
Ontario Court (General Division) and the Ontario Court
(Provincial Division).
Provincial (2) Subjcct to the approval of the Lieutenant Governor in
offences rules (-Qyj^^,j|^ ^^iQ Criminal Rules Committee may make rules for
the Court of Appeal, the Ontario Court (General Division)
and the Ontario Court (Provincial Division) in relation to the
practice and procedure of those courts in proceedings under
R.s.o. 1980, the Provincial Offences Act. New.
c. 400 •'•'
Idem (3) The Criminal Rules Committee may make rules under
subsection (2),
(a) regulating any matters relating to the practice and
procedure of proceedings under the Provincial
Offences Act;
(b) prescribing forms;
(c) regulating the duties of the employees of the courts;
(d) prescribing and regulating the procedures under any
Act that confers jurisdiction under the Provincial
Offences Act on the Ontario Court (Provincial
Division) or a judge or justice of the peace sitting in
(e) prescribing any matter relating to proceedings under
the Provincial Offences Act that is referred to in an
Act as provided for by the rules of court. 1984,
c. 11, s. 73 (3), amended.
3. Sections 92 and 93 of the said Act are repealed and the
following substituted therefor:
Ontario 92. — (1) There shall be a committee, known as the
Management Ontario Courts Management Advisory Committee, composed
Advisory of
Committee
(a) the Chief Justice of Ontario, the Associate Chief
Justice of Ontario, the Chief Justice of the Ontario
Court and the Chief Judge of the Ontario Court
(Provincial Division);
(b) the Attorney General, the Deputy Attorney
General, the Assistant Deputy Attorney General
responsible for courts administration and the
1989
COURTS OF JUSTICE
Bill 2
35
Assistant Deputy Attorney General responsible for
criminal law;
(c) two barristers and solicitors appointed by the
Benchers of the Law Society of Upper Canada in
convocation and two barristers and solicitors
appointed by the presidents of the county and
district law associations; and
(d) not more than four other persons, appointed by the
Attorney General with the concurrence of,
^ (i) all of the judges mentioned in clause (a), and
(ii) all of the barristers and solicitors appointed
under clause (c).
(2) The following persons shall preside over meetings of the who to
Committee, by rotation at intervals fixed by the Committee: ^^^^^ ^
1. A judge mentioned in clause (1) (a) selected by the
judges mentioned in that clause.
2. The Attorney General or a person mentioned in
clause (1) (b) and designated by the Attorney
General.
Function of
Committee
3. A barrister and solicitor appointed under clause
(1) (c) selected by the barristers and solicitors
appointed under that clause.
4. A person appointed under clause (1) (d) selected by
the persons appointed under that clause.
(3) The function of the Committee is to consider and
recommend to the appropriate authority policies and proce-
dures to promote the better administration of justice and the
effective use of resources, including judicial and other person-
nel, in the public interest. New.
92a. — (1) For judicial purposes, Ontario is divided into Regions for
the regions prescribed under subsection (2). pu/^ses
(2) The Lieutenant Governor in Council may make regu- Regulations
lations prescribing regions for the purpose of this Act. New.
92b. — (1) There shall be a committee in each region. Regional
known as the Regional Courts Management Advisory Com- vTanagemem
Advisory
Committee
mittee, composed of.
36 Bill 2 COURTS OF JUSTICE 1989
(a) the regional senior judge of the Ontario Court
(General Division) and the regional senior judge of
the Ontario Court (Provincial Division);
(b) the regional director of courts administration for the
Ministry of the Attorney General and the regional
director of Crown attorneys;
(c) two barristers and solicitors appointed jointly by the
presidents of the county and district law associations
in the region; and
(d) not more than two other persons, appointed by the
Attorney General with the concurrence of,
(i) both of the judges mentioned in clause (a),
and
(ii) both of the barristers and solicitors appointed
under clause (c).
Who to (2) The following persons shall preside over meetings of the
presi e Committee, by rotation at intervals fixed by the Committee:
1. A judge mentioned in clause (1) (a) selected by the
judges mentioned in that clause.
2. An official mentioned in clause (1) (b) selected byj
the officials mentioned in that clause. fl
3. A barrister and solicitor appointed under clause
(1) (c) selected by the barristers and solicitors
appointed under that clause.
4. A person appointed under clause (1) (d) selected by
the persons appointed under that clause.
Function of H) The function of the Committee is to consider and
Committee ^ ^ , , . , . ... ,
recommend to the appropriate authority policies and proce-
dures for the region to promote the better administration of
justice and the effective use of resources, including judicial
and other personnel, in the public interest.
Frequency of (4) fhe Committee shall meet at least four times each year.
meetmgs , ,
New
f
chief "r°^ 93.— (1) The powers and duties of a judge who has
regional authority to supervisc and direct the sittings and the assign-
senior judge ment of the judicial duties of his or her court include the
following:
1989 COURTS OF JUSTICE Bill 2 37
1. Determining the sittings of the court.
2. Assigning judges to the sittings.
3. Assigning cases to individual judges.
4. Determining the sitting schedules and places of sit-
tings for individual judges.
5. Determining the total annual, monthly and weekly
workload of individual judges.
6. Preparing trial lists and assigning courtrooms, to the
extent necessary to control the determination of
who is assigned to hear particular cases. 1984,
c. 11, s. 93, amended.
(2) Subsection (1) applies with necessary modifications in Powers in
respect of supervising and directing the sittings and assigning masS?s°
the judicial duties of masters. New.
4. Section 94 of the said Act is amended by adding thereto
the following subsections:
(2) A power or duty given to a registrar, sheriff, court Exercise of
clerk, assessment officer or official examiner under an Act, rejs^trar!
regulation or rule of court may be exercised or performed by sheriff, etc.
a person or class of persons to whom the power or duty has
been assigned by the Deputy Attorney General or a person
designated by the Deputy Attorney General.
(3) Subsection (2) applies in respect of an Act, regulation wem
or rule of court made under the authority of the Legislature or
of the Parliament of Canada.
5. The said Act is amended by adding thereto the following
section:
95a. Documents and other material that are no longer Destruction
required in a court office shall be disposed of in accordance ° oc^mens
with the directions of the Deputy Attorney General, subject
to the approval of,
(a) in the Court of Appeal, the Chief Justice of
Ontario;
(b) in the Ontario Court (General Division), the Chief
Justice of the Ontario Court;
38
Bill 2
COURTS OF JUSTICE
1989
(c) in the Ontario Court (Provincial Division), the
Chief Judge of the Provincial Division;
(d) in the Unified Family Court, the Senior Judge for
the Unified Family Court. 1984, c. 11, s. 101 (4),
amended.
6. Section 98 of the said Act is repealed and the following
substituted therefor:
Liability of
judges
98. Every judge of a court in Ontario and every master
has the same immunity from liability as a judge of the Ontario
Court (General Division).
7. Section 99 of the said Act is repealed and the following
substituted therefor:
Compen-
sation for
statutory
duties
99. Every judge who was a judge of the Supreme Court or
of the District Court before this section comes into force shall
be paid out of the Consolidated Revenue Fund the annual
sum of $3,000, payable quarterly, as compensation for the ser-
vices the judge is called on to render by any Act of the
Legislature in addition to his or her ordinary duties.
8. Subsection 100 (1) of the said Act is amended by striking
out "Supreme Court or the District Court" in the first and
second lines and inserting in lieu thereof "Court of Appeal or
the Ontario Court (General Division)".
9. The said Act is further amended by adding thereto the
following sections:
Judges'
gowns
100a. The Lieutenant Governor in Council may make
regulations respecting the form of the gown to be worn in
court by all judges appointed after this section comes into
force.
Hj^^certain 100b.— (1) Every judge of the Ontario Court (General
addressed ^ Divisiou) and the Unified Family Court may be addressed as
"Your Honour" or as ""{Mr. or Mme.) Justice {naming the
judge)".
Idem
(2) A judge appointed to the High Court of Justice before
this section comes into force may elect to be addressed
according to the practice in existence before this section
comes into force.
10. Section 101 of the said Act is repealed and the following
substituted therefor:
1989
COURTS OF JUSTICE
Bill 2
39
101. — (1) Every person who was a master of the Supreme Masters
Court before this section comes into force is a master of the
Ontario Court (General Division), New.
(2) Every master has the jurisdiction conferred by the rules Jurisdiction
of court in proceedings in the General Division. 1984, c. 11,
s. 20 (3).
(3) Sections 42 to 49 apply with necessary modifications to Application
masters in the same manner as to provincial judges. 1984, ^s. 42-49
c. 11, s. 20 (11), amended.
(4) The right of a master to continue in office under sub- ''•^m
section 43 (3) is subject to the approval of the Chief Justice of
the Ontario Court and not of the Chief Judge of the Provin-
cial Division. New.
101a. — (1) Money paid into the Ontario Court (General Money
vested 1 n
Division) shall be paid to the Accountant of the Ontario Accountant
Court and such money and securities in which the money is
invested are vested in the Accountant.
(2) Mortgages and other securities taken under an order of Security held
the Ontario Court (General Division) and instruments taken Accountant
as security in respect of a proceeding in the Ontario Court
(General Division) shall be taken in the name of the Accoun-
tant and shall be deposited in his or her office, except where
an order provides otherwise.
(3) The Accountant has no duty or obligation in respect of ^^^"^
the instruments deposited under subsection (2) except as cus-
todian of the instruments, unless an order of the court pro-
vides otherwise.
(4) The Provincial Auditor shall examine and report on the Audit by
accounts and financial transactions of the Accountant. 1984, aSoT
c. 11, s. 22, amended.
101b. — (1) The finance committee is continued and shall Finance
be composed of three persons appointed by the Lieutenant
Governor in Council.
(2) The finance committee has control and management of Management
the money in the Ontario Court (General Division), the °und^"
investment of the money and the securities in which it is
invested.
(3) Money that is available for investment shall be invested investment of
in investments in which the Treasurer of Ontario may invest
40
Bill 2
COURTS OF JUSTICE
1989
R.S.O. 1980,
c. 161
public money under section 3 of the Financial Administration
Act.
Employment
of trust
company
(4) The finance committee may employ a trust company to
make the investments or act as custodian of the securities pur-
chased as investments.
Interest
Reserve
funds
(5) The finance committee may provide for the payment of
interest on money paid into the General Division and may fix
the rate of interest so paid.
(6) The finance committee may establish such reserve funds
as it considers necessary. 1984, c. 11, s. 23, amended.
11. Subsection 102 (3) of the said Act is amended by
striking out "Rules of Civil Procedure" in the third line and
inserting in lieu thereof "rules of court".
12. Section 103 of the said Act is repealed and the following
substituted therefor:
Assessment
officers
103. — (1) The Lieutenant Governor in Council, on the
recommendation of the Attorney General, may appoint
assessment officers.
Idem
Jurisdiction
Appeal from
assessment of
costs before
tribunal
(2) Every master is an assessment officer.
(3) Every assessment officer has jurisdiction to assess costs
in a proceeding in any court.
(4) Where costs of a proceeding before a tribunal other
than a court are to be assessed by an assessment officer,
(a) the rules of court governing the procedure on an
assessment of costs apply with necessary modifica-
tions; and
(b) an appeal lies to the Ontario Court (General
Division) from a certificate of assessment of the
costs if an objection was served in respect of the
issue appealed in accordance with the rules of court.
13. — (1) Subsection 104 (1) of the said Act is repealed.
(2) Subsection 104 (2) of the said Act is amended by striking
out "additional" in the second line.
14.— (1) Subsection 108 (2) of the said Act is amended by
striking out "and" where it occurs the second time in the third |
1989 COURTS OF JUSTICE Bill 2 41
line and by inserting after "hearing)" in the fourth line *'and
153a (where procedures not provided)".
(2) Subsection 108 (3) of the said Act, as amended by the
Statutes of Ontario, 1989, chapter 24, section 4, is repealed
and the following substituted therefor:
(3) Sections 122 (constitutional questions), 135, 136 (Ian- Application
guage of proceedings), 142 (judge sitting on appeal), 146 (pro- Sfences"^'^
hibition against photography at court hearings), 152a (arrest
and committal warrants enforceable by police) and 153a
(where procedures not provided) also apply to proceedings
under the Provincial Offences Act and, for the purpose, a ref- R s.o. i980,
erence in one of those sections to a judge includes a justice of '^' '^
the peace presiding in the Ontario Court (Provincial Divi-
sion).
15. Subsection 109 (3) of the said Act is repealed and the
following substituted therefor:
(3) Only the Court of Appeal, the Unified Family Court Jurisdiction
and the Ontario Court (General Division), may grant equita- reUe^f''""^
ble relief, unless otherwise provided.
16. Section 110 of the said Act is amended by striking out
"Supreme Court, the District Court and the Unified Family
Court" in the first and second lines and inserting in lieu
thereof "Court of Appeal, the Unified Family Court and the
Ontario Court (General Division)".
17. Subsection 114 (1) of the said Act is amended by
striking out "Supreme Court, the District Court or the Unified
Family Court" in the first and second lines and inserting in
lieu thereof "Unified Family Court or the Ontario Court
(General Division)".
18. — (1) Subsection 118 (1) is repealed and the following
substituted therefor:
(1) In this section, "health practitioner" means a person "health
licensed to practise medicine or dentistry in Ontario or any defineT"^'^
other jurisdiction, a psychologist registered under the Psychol- r.s.o. 1980,
ogists Registration Act or a person certified or registered as a ^ "^
psychologist by another jurisdiction.
(2) Subsection 118 (2) of the said Act is amended by striking
out "medical" in the fourth line and inserting in lieu thereof
"health".
42
Bill 2
COURTS OF JUSTICE
1989
(3) Subsection 118 (5) of the said Act is amended by striking
out '^medical" in the second line and inserting in lieu thereof
"health".
19. Subsections 120 (2) and (3) of the said Act are repealed
and the following substituted therefor:
Transfer (2) A proceeding in the Small Claims Court shall not be
cSTms Court transferred under clause (1) (d) to the Ontario Court (General
Division) without the consent of the plaintiff in the proceeding
in the Small Claims Court.
Idem
(2a) A proceeding in the Small Claims Court shall not be
required under subclause (1) (e) (ii) to be asserted by way of
counterclaim in a proceeding in the Ontario Court (General
Division) without the consent of the plaintiff in the proceeding
in the Small Claims Court,
Motions
(3) The motion shall be made to a judge of the Ontario
Court (General Division).
20. — (1) Subsection 121 (1) of the said Act is amended by
striking out "a Supreme Court or District Court action" in the
first line and inserting in lieu thereof "an action in the Ontario
Court (General Division) that is not in the Small Claims
Court".
(2) Subsection 121 (2) of the said Act is amended by striking
out "Actions in which a claim is made for any of the following
kinds of relief shall be heard without a jury:" in the first and
second lines and inserting in lieu thereof "The issues of fact
and the assessment of damages in an action shall be tried with-
out a jury in respect of a claim for any of the following kinds of
relief:".
(3) Paragraph 3 of the said subsection 121 (2) is amended by
striking out ^^ Family Law Reform AcV^ in the first and second
lines and inserting in lieu thereof ^^ Family Law Act, 1986^\
21. Subsection 122 (2) of the said Act is amended by
striking out "Rules of Civil Procedure" in the second Une and
inserting in lieu thereof "rules of court".
22. Subsection 124 (2) of the said Act is repealed and the
following substituted therefor:
Idem
(2) Mutual debts may be set off against each other even if
they are of a different nature.
1989 COURTS OF JUSTICE Bill 2 43
23. Clause 129 (b) of the said Act is amended by striking
out ^* Family Law Reform Acf* in the first line and inserting in
lieu thereof ''Family Law Act, 1986'\
24. — (1) Clause 133 (1) (a) of the said Act is amended by
striking out '^the" in the first line and inserting in lieu thereof
(2) Clause 133 (1) (b) of the said Act is amended by striking
out "local judge or".
25. — (1) Subclause 136 (1) (a) (ii) of the said Act is repealed
and the following substituted therefor:
(ii) the area that comprised the County of
Welland as it existed on the 31st day of
December, 1969,
(iia) The Regional Municipality of Ottawa-
Carleton,
(iib) The Municipality of Metropolitan Toronto.
(2) Subsection 136 (6) of the said Act is amended by striking
out "Provincial Court (Family Division) or the Provincial
Court (Civil Division)" in the second and third lines and
inserting in lieu thereof "Ontario Court (Provincial Division)
or the Small Claims Court".
(3) Subsection 136 (7) of the said Act is amended by striking
out "in the Provincial Offences Court where it is" in the
second and third lines and inserting in lieu thereof "under the
Provincial Offences Act in".
26. Subsection 137 (2) of the said Act is amended by
striking out "the Registrar of the Supreme Court" in the first
and second lines and inserting in lieu thereof "a person desig-
nated by the Deputy Attorney General".
27. — (1) Subsection 150 (1) of the said Act is amended by
striking out "Supreme Court" in the first line and in the last
line and inserting in lieu thereof in each instance "Ontario
Court (General Division)".
(2) Subsection 150 (3) of the said Act is amended by striking
out "Supreme Court" in the fourth line and inserting in lieu
thereof "Ontario Court (General Division)".
28. The said Act is further amended by adding thereto the
following sections:
44
Bill 2
COURTS OF JUSTICE
1989
Civil orders
directed to
sheriffs
150a. — (1) Unless an Act provides otherwise, orders of a
court arising out of a civil proceeding and enforceable in
Ontario shall be directed to a sheriff for enforcement.
Police to
assist sheriff
(2) A sheriff who believes that the execution of an order
may give rise to a breach of the peace may require a police
officer to accompany the sheriff and assist in the execution of
the order.
Where 153a. Jurisdiction conferred on a court, a judge or a jus-
no^'^proyTded ticc of the pcace shall, in the absence of express provision for
procedures for its exercise in any Act, regulation or rule, be
exercised in any manner consistent with the due administra-
tion of justice. 1984, c. 11, s. 62, amended.
29. Sections 157 and 158 of the said Act are repealed and
the following substituted therefor:
Continuation \S1 » A proceeding pending in a court set out in column 1
proceedings of the Table when this section comes into force is continued in
in former the court sct out Opposite to it in column 2.
courts
TABLE
Column 1
1. High Court of Justice
2. District Court
3. surrogate court
4. Provincial Court
(Criininal Division)
5. Provincial Court
(Family Division)
6. Provincial Offences Court
7. Provincial Court
(Civil Division)
Column 2
Ontario Court
(General Division)
Ontario Court
(General Division)
Ontario Court
(General Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Ontario Court
(Provincial Division)
Small Claims Court
Former Chief
Judge, etc.
158. — (1) A provincial judge who was a Chief Judge,
Associate Chief Judge or senior judge of the Provincial Court
(Criminal Division), the Provincial Court (Family Division) or
the Provincial Court (Civil Division) immediately before this
section comes into force shall continue to hold the office of
provincial judge, is entitled to retain the title of Chief Judge,
Associate Chief Judge or senior judge, as the case may be,
and is entitled to an annual salary equal to the greater of,
1989 COURTS OF JUSTICE Bill 2
(a) the current annual salary of a provincial judge; or
45
(b) the annual salary the judge received immediately
before this section comes into force.
(2) A master who was the Senior Master immediately Former
before this section comes into force shall continue to hold the Master
office of master, is entitled to retain the title of Senior Master
and is entitled to an annual salary equal to the greater of,
(a) the current annual salary of a master; or
(b) the annual salary the master received immediately
before this section comes into force.
158a. — (1) A document filed in court that refers to a
court set out in column 1 of the Table to section 160 is not by
that reason invahd and shall be deemed to refer to the court
set out opposite to it in column 2.
Documents
filed
(2) Subsection (1) is repealed one year after this section subsection
comes into force. repealed
30, Section 159 of the said Act is repealed and the follow-
ing substituted therefor:
159. Where, by an Act or regulation, jurisdiction is con-
ferred on a particular court set out in column 1 of the Table,
the jurisdiction shall be deemed to be conferred on the corre-
sponding court set out in column 2 sitting in the county or dis-
trict of the court named.
Reference to
territorial
jurisdiction
TABLE
Column 1
Column 2
1.
county or district court
Ontario Court
(General Division)
2.
surrogate court
Ontario Court
(General Division)
3.
provincial court
(family division)
Ontario Court
(Provincial Division)
4.
provincial offences
court
Ontario Court
(Provincial Division)
5.
small claims court
Small Claims Court
31. Section 160 of the said Act is repealed and the following
substituted therefor:
46
Bill 2
COURTS OF JUSTICE
1989
References to
courts
160. A reference in an Act, rule or regulation to a court
set out in column 1 of the Table is deemed to be a reference
to the court set out opposite to it in column 2.
TABLE
Column 1
Column 2
1.
Supreme Court
Ontario Court
(General Division)
2.
High Court of Justice
Ontario Court
(General Division)
3.
county or district court
Ontario Court
(General Division)
4.
District Court
Ontario Court
(General Division)
5.
surrogate court
Ontario Court
(General Division)
6.
small claims court
Small Claims Court
7.
Provincial Court
(Civil Division)
Small Claims Court
8.
provincial court
(criminal division)
Ontario Court
(Provincial Division)
9.
Provincial Court
(Criminal Division)
Ontario Court
(Provincial Division)
10.
provincial court
(family division)
Ontario Court
(Provincial Division)
11.
Provincial Court
(Family Division)
Ontario Court
(Provincial Division)
12.
provincial offences court
Ontario Court
(Provincial Division)
13.
Provincial Offences Court
Ontario Court
(Provincial Division)
SmmSo" 160a. — (1) A reference in any Act, rule or regulation, or
erminoogy ^j-^gj. ^j. Qjjjgj. court process, to a term set out in column 1 of
the Table, or any form thereof, is deemed to refer to the cor-
responding term set out opposite thereto in column 2.
TABLE
Column 1
Column 2 1
1.
Accountant of the
Court
Supreme
Accountant of the Ontario
Court
2.
administrator ad litem
litigation administrator
3.
certificate of lis pendens
certificate of pending
litigation
4.
conduct money
attendance money
5.
guardian ad litem
litigation guardian
6.
judicial district
county or district
1989
COURTS OF JUSTICE
Bill 2
47
7.
local judge of the High
Court
8.
local judge of the Supreme
Court
9.
next friend
10.
originating motion
11.
originating notice
12.
praecipe
13.
provisional judicial district
14.
a registrar of a surrogate
court
15.
Rules of Civil Procedure
16.
Rules Committee
17.
Rules Committee of the
Supreme and District
Courts
18.
Rules of Practice and
Procedure of the Supreme
Court of Ontario made by
the Rules Committee
19.
special examiner
20.
Surrogate Clerk for
Ontario
21.
taxation of costs
22.
taxing officer
23.
writ of fieri facias
24.
writ of summons
judge of the Ontario
Court (General Division)
judge of the Ontario
Court (General Division)
litigation guardian
application
notice of application
requisition
territorial district
the local registrar of the
Ontario Court
(General Division)
rules of court
applicable rules committee
applicable rules
committee
rules of court
official examiner
Estate Registrar for
Ontario
assessment of costs
assessment officer
writ of seizure and sale
statement of claim or
notice of action
(2) A reference in any Act, rule or regulation to the surro- 'dem,
gate registrar for a particular county or district is deemed to registrar^for
be a reference to the local registrar of the Ontario Court a county
(General Division) for that county or district.
(3) A reference in any Act, rule or regulation to the clerk '^em, clerk
of a county or district court of a particular county or district is ° ^ '^"""^^
deemed to be a reference to the local registrar of the Ontario
Court (General Division) for that county or district.
(4) A reference in any Act, rule or regulation to an order, Jfjem, order
direction or decision filed with the Registrar of the Supreme Registrar
Court is deemed to be a reference to an order, direction or
decision filed with the Ontario Court (General Division).
160b. Where an Act, rule or regulation provides that a Documents
document is to be filed with, certified to, forwarded to or appeai^to
transmitted to the Supreme Court or the Registrar of the Divisional
Supreme Court for the purpose of an appeal to the Divisional ^"'^
48 Bill 2 COURTS OF JUSTICE 1989
Court, that document shall be filed with, certified to, for-
warded to or transmitted to, as the case may be, the Divi-
sional Court.
References to 160c. — (1) A reference in this Act or any other Act, rule
j^udicla? °^ or regulation to a county or district for judicial purposes is
purposes deemed to be a reference to the corresponding area that, for
municipal or territorial purposes, comprises the county, dis-
trict, union of counties or regional, district or metropolitan
municipality.
Separated (2) For the purpose of subsection (1), every city, town and
municipa ities ^^^^j. municipality is united to and forms part of the county in
which it is situate.
Exceptions (3) Subsection (1) is subject to the following: ^
1. A reference in an Act or regulation to a county or
district for judicial purposes is, in the case of The
Regional Municipality of Haldimand-Norfolk,
deemed to be a reference to the following areas:
i. All the area of the County of Haldimand as it
existed on the 31st day of March, 1974.
ii. All the area of the County of Norfolk as it
existed on the 31st day of March, 1974.
2. A reference in an Act or regulation to a county or
district for judicial purposes is, in the case of The
Regional Municipality of Niagara, deemed to be a
reference to the following areas:
i. All the area of the County of Lincoln as it
existed on the 31st day of December, 1969.
ii. All the area of the County of Welland as it
existed on the 31st day of December, 1969.
3. A reference in an Act or regulation to a county or
district for judicial purposes is, in the case of The
Regional Municipality of Sudbury and the Territo-
rial District of Sudbury, deemed to be a reference
to all the area in The Regional Municipality of
Sudbury and in the Territorial District of Sudbury.
4. A reference in an Act or regulation to a county or
district for judicial purposes is, in the case of an
area described below, deemed to be a reference to
all the area in the areas described below:
1989 COURTS OF JUSTICE Bill 2 49
i. All the area in the County of Victoria.
ii. All the area in the County of Haliburton.
iii. All the area in any part of the townships of
Sherborne, McClintock, Livingstone, Law-
rence and Nightingale located in Algonquin
Park, so long as the part remains part of
Algonquin Park.
32. Section 212 of the said Act is repealed.
33. This Act comes into force on a day to be named by commence-
proclamation of the Lieutenant Governor.
34. The short title of this Act is the CouHs of Justice short title
Amendment Act, 1989.
Bill 3 Government Bill
2nd session, 34th LEGISLATURE, O^^^ARIO 38 ELIZABETH II, 1989
Bills
An Act to amend certain Statutes of Ontario
Consequent upon Amendments to the
Courts of Justice Act, 1984
The Hon. I. Scott
Attorney General
1st Reading May 1st, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTE
The Bill repeals the Sheriffs Act and makes amendments to 52 other statutes. The
amendments are required as a result of the amendments set out in the Courts of Justice
Amendment Act, 1989 changing the structure and administration of the courts.
BiU3 1989
An Act to amend certain Statutes of Ontario
Consequent upon Amendments to the
Courts of Justice Act, 1984
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. — (1) Subsection 23 (8) of the Cemeteries Actj being chap-
ter 59 of the Revised Statutes of Ontario, 1980, is amended by
striliing out ''$200 or less'' in the third line and inserting in
lieu thereof "within the monetary jurisdiction of the Small
Claims Court".
(2) Subsection 29 (3) of the said Act is amended by striking
out "the judge of the surrogate court of the Judicial District of
York" in the fourth and Hfth lines and inserting in lieu thereof
"a judge of the Ontario Court (General Division) sitting in The
Municipality of Metropolitan Toronto".
2. Subsection 63 (1) of the Child and Family Services Act,
1984, being chapter 55, is repealed and the following substi-
tuted therefor:
(1) The Minister may appoint a judge of the Ontario Court J."7^fj8ation
of Justice or the Unified Family Court to investigate a matter
relating to a child in a society's care or the proper administra-
tion of this Part, and a judge who is appointed shall conduct
the investigation and make a written report to the Minister.
3. — (1) Section 3 of the Children's Law Reform Act, being
chapter 68 of the Revised Statutes of Ontario, 1980, is
amended by striking out "the Judicial District" in the second
and third lines and inserting in lieu thereof "The Regional
Municipality".
(2) Section 73 of the said Act, as enacted by the Statutes of
Ontario, 1982, chapter 20, section 1, is repealed and the
following substituted therefor:
by judge
Bill 3
COURT REFORM STATUTE LAW
1989
73. — (1) An application to vary an order made by a surro-
Order made
r"s^o. 1980, gate court under the Minors Act shall be made to the Ontario
c. 292 Court (General Division).
Idem
1984, c.
11
(2) Section 160 of the Courts of Justice Act, 1984 does not
apply to subsection (1) to deem the reference to a surrogate
court to be a reference to the Ontario Court (General
Division).
4. — (1) Section 51 of the Construction Lien Act, 1983, being
chapter 6, as amended by the Statutes of Ontario, 1984, chap-
ter 11, section 165, is repealed.
(2) Subsection 52 (1) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed.
(3) Subsections 52 (2) and (3) of the said Act, as amended by
the Statutes of Ontario, 1984, chapter 11, section 165, are
repealed and the following substituted therefor:
What matters
not to be
dealt with by
master
(2) A master shall not hear or dispose of,
(a) a motion for the reference of an action to a master
for trial;
Further
powers of
master
(b) an application; or
< ]
(c) a motion in respect of an appeal.
(3) In addition to the jurisdiction under subsection (1), a
master to whom a reference has been directed has all the
jurisdiction, powers and authority of the court to try and com-
pletely dispose of the action and all matters and questions
arising in connection with the action, including the giving of
leave to amend any pleading and the giving of directions to a
receiver or trustee appointed by the court.
(4) Section 53 of the said Act, as amended by the Statutes of
Ontario, 1984, chapter 11, section 165, is repealed and the
following substituted therefor:
53. The court, whether the action is being tried by a judge
Court to
dispose , , -
completely of or by a mastcr on a reference,
action
(a) shall try the action, including any set-off, cross-
claim, counterclaim and, subject to section 58, third
party claim, and all questions that arise therein or
that are necessary to be tried in order to dispose
completely of the action and to adjust the rights and
1989 COURT REFORM STATUTE LAW Bill 3 3
liabilities of the persons appearing before it or upon
whom notice of trial has been served; and
(b) shall take all accounts, make all inquiries, give all
directions and do all things necessary to dispose
finally of the action and all matters, questions and
accounts arising therein or at the trial and to adjust
the rights and liabilities of, and give all necessary
relief to, all parties to the action.
(5) Section 54 of the said Act, as amended by the Statutes of
Ontario, 1984, chapter 11, section 165, is repealed and the
following substituted therefor:
54. A judge or master does not acquire exclusive iurisdic- ^^^^e
exclusive
tion over the trial of an action or reference by reason only of jurisdiction
appointing the time and place for the trial of the action or ref- not acquired
erence, or for holding a settlement meeting.
(6) Subsection 60 (1) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is further
amended by striking out ''or" at the end of clause (a) and by
striking out clause (b).
(7) Subsection 60 (2) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is further
amended by striking out ''or" at the end of clause (a) and by
striking out clause (b).
(8) Subsection 60 (3) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed
and the following substituted therefor:
(3) Where under subsection (1) the action has been Application
referred to a master for trial, any person who subsequently o^e^r of' ^
becomes a party to the action may, within seven days after reference
becoming a party to the action, make a motion to a judge of
the court that directed the reference to set aside the judgment
directing the reference.
(9) Clause 64 (1) (b) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed
and the following substituted therefor:
(b) in a report in the prescribed form, where the trial is
conducted by a master on a reference.
(10) Subsection 64 (3) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed
and the following substituted therefor:
4 Bill 3 COURT REFORM STATUTE LAW 1989
When report (3) xhc report of a master shall be deemed to be confirmed
Snfimed at the expiiation of the fifteen-day period next following the
date that the notice of filing was given, unless notice of a
motion to oppose confirmation of the report is served within
that time.
5. — (1) Subsection 48 (3) of the Conveyancing and Law of
Property Act, being chapter 90 of the Revised Statutes of
Ontario, 1980, as amended by the Statutes of Ontario, 1986,
chapter 64, section 6, is further amended by striking out ''the
office of the Registrar of the Supreme Court at Osgoode Hall"
in the fifth and sixth lines and inserting in lieu thereof ''an
office of the Ontario Court (General Division)".
(2) Section 49 of the said Act, as amended by the Statutes of
Ontario, 1986, chapter 64, section 6, is further amended by
striking out "the office of the Registrar of the Supreme Court
at Osgoode Hall" in the thirteenth and fourteenth lines and
inserting in lieu thereof "an office of the Ontario Court (Gen-
eral Division)".
6. Subsection 6 (1) of the Coroners Act, being chapter 93 of
the Revised Statutes of Ontario, 1980, is amended by striking
out "the Chief Judge of the County and District Courts" in the
second line and inserting in lieu thereof "a judge of the
Ontario Court (General Division) designated by the Chief
Judge of the Ontario Court".
7. — (1) Subsection 78 (2) of the Corporations Tax Act, being
chapter 97 of the Revised Statutes of Ontario, 1980, is
amended by striking out "Registrar of the Supreme Court or \
the local registrar of the Supreme Court" in the fourth and
fifth lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division)".
(2) Subsection 80 (1) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the Supreme Court" in the second and third lines and inserting
in lieu thereof "local registrar of the Ontario Court (General
Division)".
8.— (1) Clause 3 (2) (a) of the County of HaUburton Act,
1982, being chapter 57, is repealed.
(2) Subsection 4 (4) of the said Act is repealed.
9. — (1) Section 3 of the Creditors' Relief Act, being chapter
103 of the Revised Statutes of Ontario, 1980, as re-enacted by
the Statutes of Ontario, 1985, chapter 1, section 1, is amended
by adding thereto the following subsection:
1989 COURT REFORM STATUTE LAW Bill 3 5
(2) Subsection (1) does not affect the priority of a creditor Exception
by execution or garnishment issued by the Small Claims
Court.
(2) Subsection 22 (2) of the said Act is repealed and the
foUovt'ing substituted therefor:
(2) Such costs shall be ascertained in accordance with the Scaie of costs
tariffs of costs under the rules of court applicable to,
(a) the Small Claims Court, if the claim is within the
monetary jurisdiction of that court; or
(b) the Ontario Court (General Division), in any other
case.
10. — (1) Subsection 3 (1) of the Crown Attorneys Act^ being
chapter 107 of the Revised Statutes of Ontario, 1980, is
amended by striking out "the Judicial District of York" in the
third and fourth lines and in the sixth line and inserting in lieu
thereof in each instance "The Municipality of Metropolitan
Toronto".
(2) Subsection 3 (2) of the said Act is amended by striking
out "the Judicial District of York" wherever it occurs and
inserting in lieu thereof in each instance "The Municipality of
Metropolitan Toronto".
(3) Subclause 12 (b) (ii) of the said Act, as re-enacted by the
Statutes of Ontario, 1984, chapter 11, section 170, is repealed.
11. — (1) Subsection 4 (3) of the District Municipality of Mus-
koka Act, being chapter 121 of the Revised Statutes of Ontario,
1980, is repealed.
(2) Subsection 112 (1) of the said Act is amended by striking
out "district court within the District Area or a judge of the
county court or district court of a county or district adjoining
the District Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
12. — (1) Section 69 of the Election Act, 1984, being chapter
54, is repealed and the following substituted therefor:
69. In this section and in sections 70 to 80, unless other- Definition
wise stated, "judge" means a judge of the Ontario Court
(Provincial Division).
(2) Subsection 79 (3) of the said Act is amended by striking
out "Registrar of the Supreme Court" in the fifth and sixth
Bill 3
COURT REFORM STATUTE LAW
1989
lines and inserting in lieu thereof ^Mocal registrar of the
Ontario Court (General Division) of the county or district in
which the electoral district or any part of it is situate" and by
striking out ''Registrar" in the eighth line and inserting in lieu
thereof "local registrar".
(3) Subsections 79 (4) and (5) of the said Act are amended
by striking out "Registrar" wherever it occurs and inserting in
lieu thereof in each instance "local registrar".
(4) Subsection 85 (5) of the said Act is amended by striking
out "Registrar of the Supreme Court" in the second and third
lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division) of the county or district in
which the electoral district or any part of it is situate" and by
striking out "Registrar" in the fourth line and inserting in lieu
thereof "local registrar".
(5) Subsections 98 (5) and (6) of the said Act are repealed
and the following substituted therefor:
Local
registrar to
notify
C.E.O.
(5) When an action is commenced by a person other than
the Chief Election Officer, the local registrar of the Ontario
Court (General Division) shall notify the Chief Election
Officer by registered mail.
(6) Subsection 103 (3) of the said Act is amended by striking
out "Registrar of the Supreme Court" in the second line and
inserting in lieu thereof "local registrar of the Ontario Court
(General Division)".
(7) Subsection 105 (1) of the said Act is amended by striking
out "Registrar of the Supreme Court" in the sixth and seventh
lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division)".
(8) Subsection 106 (7) of the said Act is amended by striking
out "Registrar of the Supreme Court" in the first line and
inserting in lieu thereof "local registrar of the Ontario Court
(General Division)".
(9) Subsection 107 (2) of the said Act is amended by striking
out "Registrar" in the second line and inserting in lieu thereof
"local registrar".
(10) Subsection 109 (2) of the said Act is repealed and the
following substituted therefor:
hea*d^' *° ^^ (2) The appeal shall be heard as speedily as practicable.
speedily
1989 COURT REFORM STATUTE LAW ' Bill 3
13. Section 49 of the Evidence Act, being chapter 145 of the
Revised Statutes of Ontario, 1980, is amended by striking out
''surrogate court granting the same, or under the seal of the
Supreme Court, where the probate or letters of administration
were granted by the former court of probate for Upper Cana-
da" in the fifth, sixth, seventh and eighth lines and inserting in
lieu thereof ''court that granted it or under the seal of the
Ontario Court (General Division)".
14. Subsections 24 (2) and (3) of the Fraudulent Debtors
Arrest Act, being chapter 177 of the Revised Statutes of Ontar-
io, 1980, are repealed.
15.— (1) Subsection 14 (6) of the Fuel Tax Act, 1981, being
chapter 59, is amended by striking out "Registrar of the
Supreme Court or the local registrar of the Supreme Court" in
the third and fourth lines and inserting in lieu thereof "local
registrar of the Ontario Court (General Division)".
(2) Subsection 14 (10) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the Supreme Court" in the second and third lines and inserting
in lieu thereof "local registrar of the Ontario Court ((General
Division)".
16. Subsection 14 (2) of the Gasoline Tax Act, being chapter
186 of the Revised Statutes of Ontario, 1980, is amended by
striking out "Registrar of the Supreme Court or with the local
registrar of the Supreme Court" in the fourth and fifth lines
and inserting in lieu thereof "local registrar of the Ontario
Court ((rcneral Division)".
17. — (1) Clause 20 (3) (a) of the Income Tax Act, being
chapter 213 of the Revised Statutes of Ontario, 1980, is
amended by striking out "Registrar of the Supreme Court or
the local registrar of the court" in the fifth, sixth and seventh
lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division)".
(2) Subsection 21 (3) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the court" in the fourth and fifth lines and inserting in lieu
thereof "local registrar of the Ontario Court (General Divi-
sion)".
(3) Subsection 21 (6) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the court, as the case may be" in the first, second and third
lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division)".
8 Bill 3 COURT REFORM STATUTE LAW 1989
18. Subsection 19 (2) of the Industrial Standards Act, being
chapter 216 of the Revised Statutes of Ontario, 1980, is
amended by striking out "$1,000" in the fifth Une and insert-
ing in lieu thereof "the monetary jurisdiction of the Small
Claims Court".
19. Section 61 of the Insurance Act, being chapter 218 of
the Revised Statutes of Ontario, 1980, is amended by striking
out "the Master of the Supreme Court" in the fourth line and
inserting in lieu thereof "a referee in a proceeding in the
Ontario Court (General Division)".
20. — (1) Clause 27 (i) of the Interpretation Act, being chap-
ter 219 of the Revised Statutes of Ontario, 1980, is repealed
and the following substituted therefor:
(i) where the time limited for a proceeding or for the
doing of any thing in a court office, a land registry
office or a sheriffs office expires or falls on a day
that is prescribed as a holiday for that office, the
time so limited extends to and the thing may be
done on the day next following that is not a holiday.
(2) Paragraphs 9 and 35 of section 30 of the said Act are
repealed.
21. — (1) Subsection 5 (3) of the Juries Act, being chapter
226 of the Revised Statutes of Ontario, 1980, is amended by
adding "and" at the end of clause (a) and by striking out
clauses (b) and (c) and inserting in lieu thereof:
(b) to the local registrar of the Ontario Court (General
Division), a copy of the determination for the num-
ber of jurors under clause (1) (a).
(2) Subsection 12 (1) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 189, is repealed
and the following substituted therefor:
Issuance of (1) A judge of the Ontario Court (General Division) may
precep s [^^^q preccpts in the form prescribed by the regulations to the
sheriff for the return of such number of jurors as the sheriff
has determined as the number to be drafted and returned or
such greater or lesser number as in his or her opinion is
required.
(3) Subsection 12 (la) of the said Act, as enacted by the
Statutes of Ontario, 1984, chapter 11, section 189, is repealed.
(4) Subsection 12 (2) of the said Act is repealed.
1989 COURT REFORM STATUTE LAW Bill 3
(5) Subsection 39 (2) of the said Act is amended by striking
out ''Registrar or the local registrar of the Supreme Court, as
the case may be" in the third and fourth lines and inserting in
lieu thereof * 'local registrar of the Ontario Court (General
Division)".
22. — (1) Subsection 6 (1) of the Justices of the Peace Act,
being chapter 227 of the Revised Statutes of Ontario, 1980, is
amended by striking out "chief judge of the provincial courts
(criminal division) or the chief judge of the provincial courts
(family division), or by a provincial judge designated by either
of them" in the Hfth, sixth, seventh and eighth lines and insert-
ing in lieu thereof "Chief Judge of the Ontario Court (Provin-
cial Division) or a provincial judge designated by the Chief
Judge".
.(2) Subsection 6 (2) of the said Act is amended by striking
out "chief judge of the provincial courts (criminal division)" in
the first and second lines and inserting in lieu thereof "Chief
Judge of the Ontario Court (Provincial Division)".
(3) Subsection 6 (3) of the said Act is repealed.
(4) Subsection 6 (4) of the said Act, as enacted by the
Statutes of Ontario, 1984, chapter 8, section 1, is amended by
striking out "chief judge of the provincial courts (criminal divi-
sion)" in the fourth line and inserting in lieu thereof "Chief
Judge of the Ontario Court (Provincial Division)".
(5) Subsection 6 (5) of the said Act, as enacted by the
Statutes of Ontario, 1984, chapter 8, section 1, is repealed.
(6) Subsection 6 (6) of the said Act, as enacted by the
Statutes of Ontario, 1984, chapter 8, section 1, is amended by
striking out "subsections (4) and (5)" in the first and second
lines and inserting in lieu thereof "subsection (4)".
(7) Subsection 7a (2) of the said Act, as enacted by the
Statutes of Ontario, 1984, chapter 8, section 3, is amended by
striking out "chief judge of the provincial courts (criminal divi-
sion) or the chief judge of the provincial courts (family divi-
sion)" in the third, fourth and fifth lines and inserting in lieu
thereof "Chief Judge of the Ontario Court (Provincial Divi-
sion)".
(8) Subsection 8 (1) of the said Act is repealed and the
following substituted therefor:
(1) There shall be a Justices of the Peace Review Council Justices of
the Peac
Review
Council
imposed of, fj::"
10 Bill 3 COURT REFORM STATUTE LAW 1989
(a) the Chief Judge of the Ontario Court (Provincial
Division);
(b) the regional senior judge of the Ontario Court
(Provincial Division) concerned in the matter being
considered by the Council; and
(c) a provincial judge designated by the Chief Judge of
the Ontario Court (Provincial Division).
(9) Subsection 8 (4) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 8, section 4, is further
amended by striking out '^chief judge of the provincial courts
(criminal division) or the chief judge of the provincial courts
(family division)" in the second, third and fourth lines and
inserting in lieu thereof "Chief Judge of the Ontario Court
(Provincial Division)".
(10) Section 8 of the said Act, as amended by the Statutes of
Ontario, 1984, chapter 8, section 4, is further amended by
adding thereto the following subsection:
Transitional (g) An investigation commenced by the Justices of the
Peace Review Council before this subsection comes into force
shall be continued by the Justices of the Peace Review Coun-
cil as it was constituted before this subsection comes into J
force.
23. Subsection 12 (2) of the Land Transfer Tax Act, being
chapter 231 of the Revised Statutes of Ontario, 1980, is
amended by striking out "Registrar of the Supreme Court or
with the Local Registrar of the Supreme Court" in the fourth
and fifth lines and inserting in lieu thereof "local registrar of
the Ontario Court (General Division)".
24, — (1) Sections 69 and 70 of the Landlord and Tenant Act,
being chapter 232 of the Revised Statutes of Ontario, 1980, are
repealed.
(2) Section 74 of the said Act is repealed and the following
substituted therefor:
Scale of costs 74, The costs of the proceeding before the judge shall be
on the Small Claims Court scale if the amount claimed by the
landlord does not exceed the monetary jurisdiction of the
Small Claims Court.
25. Section 49 of the Law Society Act, being chapter 233 of
the Revised Statutes of Ontario, 1980, is amended by striking
out "Registrar of the Supreme Court" in the fourth line and
1989
COURT REFORM STATUTE LAW
Bill 3
11
inserting in lieu thereof 'Mocal registrar of the Ontario Court
(General Division) at Toronto".
26. — (1) Subsection 17 (3) of the Legislative Assembly Act,
being chapter 235 of the Revised Statutes of Ontario, 1980, is
repealed and the following substituted therefor:
(3) The Clerk of the Assembly shall, on receiving a dis-
claimer, forthwith send a copy of it to the local registrar of the
Ontario Court (General Division) for the county or district in
which is situate the electoral district or any part of the elec-
toral district for which the member so disclaiming was elected.
(2) Subsection 47 (2) of the said Act is amended by striking
out 'Hhe Judicial District of York" in the second and third
lines and inserting in lieu thereof "The Municipality of Metro-
politan Toronto".
27. Subsection 13 (4) of the Libel and Slander Act, being
chapter 237 of the Revised Statutes of Ontario, 1980, is
repealed and the following substituted therefor:
Transmission
of copy of
disclaimer
(4) An order made
subject to appeal.
under this section is final and is not
Order of
judge
respecting
security final
28. — (1) Subsection 10 (1) of the Master and Servant Act,
being chapter 257 of the Revised Statutes of Ontario, 1980, is
amended by striking out "small claims court of the division in
which the cause of action arose or in which the party or parties
complained against, or one of them, resided at the time of the
making of the complaint, or to the small claims court held in
the division in which the party or parties complained against or
one of them carried on business" in the fourth, fifth, sixth,
seventh, eighth and ninth lines and inserting in lieu thereof
"Ontario Court (General Division)".
(2) Section 11 of the said Act is repealed.
29. Subsection 102 (1) of the Municipal Act, being chapter
302 of the Revised Statutes of Ontario, 1980, is amended by
striking out "county or district court of the county or district
in which the municipality is situate, or a judge of the county or
district court of a county or district adjoining the county or
district in which the municipality is situate" in the second,
third, fourth, fifth and sixth lines and inserting in Ueu thereof
"Ontario Court (General Division)".
30.— (1) Subsection 87 (1) of the Municipal Elections Act,
being chapter 308 of the Revised Statutes of Ontario, 1980, as
re-enacted by the Statutes of Ontario, 1988, chapter 33, section
12 Bill 3 COURT REFORM STATUTE LAW 1989
9, is amended by striking out "District Court of in the ninth
line and inserting in lieu thereof "Ontario Court (Provincial
Division) sitting in".
(2) Subsection 87 (4) of the said Act, as enacted by the
Statutes of Ontario, 1988, chapter 33, section 9, is amended by
striking out "local registrar of the District Court" in the third
line and inserting in lieu thereof "clerk of the Ontario Court
(Provincial Division)".
(3) Subsection 88c (1) of the said Act, as enacted by the
Statutes of Ontario, 1988, chapter 33, section 9, is amended by
striking out "District Court" in the fourth line and inserting in
lieu thereof "Ontario Court (Provincial Division)".
(4) Subsection 88c (2) of the said Act, as enacted by the
Statutes of Ontario, 1988, chapter 33, section 9, is amended by
striking out "District Court" in the fourth line and inserting in
lieu thereof "Ontario Court (Provincial Division)".
(5) Section 88j of the said Act, as enacted by the Statutes of
Ontario, 1988, chapter 33, section 9, is amended by,
(a) striking out "Divisional Court" wherever it occurs
and inserting in lieu thereof in each instance "On-
tario Court (General Division)";
(b) striking out "Registrar of the Supreme Court" in
the flrst and second lines of subsection (3) and insert-
ing in lieu thereof "local registrar of the Ontario
Court ((leneral Division)"; and
(c) striking out "Registrar" wherever it occurs in
subsections (5) and (6) and inserting in lieu thereof
in each instance "local registrar".
31. Subsection 252 (1) of the Municipality of Metropolitan
Toronto Act, being chapter 314 of the Revised Statutes of
Ontario, 1980, is amended by striking out "county court of the
Judicial District of York, or a judge of the county court of a
judicial district adjoining the Judicial District of York" in the
second, third and fourth lines and inserting in lieu thereof
"Ontario Court (General Division)".
32. Subsection 121 (1) of the County of Oxford Act, being
chapter 365 of the Revised Statutes of Ontario, 1980, is
amended by striking out "county court within the County or a
judge of the county court of a county or judicial district adjoin-
ing the County" in the second, third and fourth Unes and
inserting in lieu thereof "Ontario Court (General Division)".
1989 COURT REFORM STATUTE LAW Bill 3 13
33. — (1) Subsection 11 (9) of the Provincial Land Tax Act,
being chapter 399 of the Revised Statutes of Ontario, 1980, as
re-enacted by the Statutes of Ontario, 1982, chapter 18, section
7, is amended by striking out "Registrar of the Supreme Court
of Ontario or the local registrar of the Supreme Court" in the
fourth, flfth and sixth lines and inserting in lieu thereof "local
registrar of the Ontario Court (General Division)".
(2) Subsection 11 (11) of the said Act, as enacted by the
Statutes of Ontario, 1982, chapter 18, section 7, is amended by
striking out "Registrar of the Supreme Court or the local reg-
istrar of the Supreme Court" in the Hrst and second lines and
inserting in lieu thereof "local registrar of the Ontario Court
(General Division)".
34. — (1) Clause 1 (1) (j) of the Provincial Offences Act,
being chapter 400 of the Revised Statutes of Ontario, 1980, is
amended by striking out "court" in the first line and inserting
in lieu thereof "Chief Judge of the Ontario Court (Provincial
Division)".
(2) Subsection 31 (2) of the said Act is amended by striking
out "chief judge of the provincial offences courts" in the third
and fourth lines and inserting in lieu thereof "Chief Judge of
the Ontario Court (Provincial Division)".
(3) Subsection 31 (3) of the said Act is amended by striking
out "chief judge of the provincial offences courts" in the
fourth and fifth lines and inserting in lieu thereof "Chief Judge
of the Ontario Court (Provincial Division)".
(4) The said Act is amended by adding thereto the following
section:
90a. — (1) Except as otherwise provided by an Act, every contempt
person who commits contempt in the face of a justice of the
peace presiding over the Ontario Court (Provincial Division)
in a proceeding under this Act is on conviction liable to a fine
of not more than $1,000 or to imprisonment for a term of not
more than thirty days, or to both.
(2) Before a proceeding is taken for contempt under sub- s^tement to
section (1), the justice of the peace shall inform the offender
of the conduct complained of and the nature of the contempt
and inform him or her of the right to show cause why he or
she should not be punished.
(3) A punishment for contempt in the face of the court show cause
shall not be imposed without giving the offender an opportu-
nity to show cause why he or she should not be punished.
14
Bill 3
COURT REFORM STATUTE LAW
1989
Adjournment
for adjudi-
cation
Adjudication
by judge
Arrest for
immediate
adjudication
Barring agent
in contempt
(4) Except where, in the opinion of the justice of the
peace, it is necessary to deal with the contempt immediately
for the preservation of order and control in the courtroom,
the justice of the peace shall adjourn the contempt proceeding
to another day.
(5) A contempt proceeding that is adjourned to another
day under subsection (4) shall be heard and determined by the
court presided over by a provincial judge.
(6) Where the justice of the peace proceeds to deal with a
contempt immediately and without adjournment under sub-
section (4), the justice of the peace may order the offender
arrested and detained in the courtroom for the purpose of the
hearing and determination.
(7) Where the offender is appearing before the court as an
agent who is not a barrister and solicitor entitled to practise in
Ontario, the court may order that he or she be barred from
acting as agent in the proceeding in addition to any other pun-
ishment to which he or she is liable.
Appeals (8) An order of punishment for contempt under this section
is appealable in the same manner as if it were a conviction in
a proceeding commenced by certificate under Part I of this
Act.
Enforcement
(9) This Act applies for the purpose of enforcing a punish-
ment by way of a fine or imprisonment under this section.
(5) Section 91m of the said Act, as enacted by the Statutes of
Ontario, 1983, chapter 80, section 1, is amended by striking
out ''provincial court (criminal division)" in the sixth line and
inserting in lieu thereof "Ontario Court (Provincial Division)
presided over by a provincial judge".
(6) Clause 99 (2) (a) of the said Act is amended by striking
out "provincial court (criminal division) of" in the second and
third lines and inserting in lieu thereof "Ontario Court (Pro-
vincial Division) presided over by a provincial judge sitting
in".
(7) Subsection 118 (1) of the said Act is amended by striking
out "provincial court (criminal division) of" in the flfth line
and inserting in lieu thereof "Ontario Court (Provincial Divi-
sion) presided over by a provincial judge sitting in".
(8) Subsection 122 (1) of the said Act is amended by striking
out "provincial court (criminal division)" in the second line
1989 COURT REFORM STATUTE LAW Bill 3 15
and inserting in lieu thereof "Ontario Court (Provincial Divi-
sion) in an appeal under section 118".
(9) Section 123 of the said Act is repealed.
(10) Subsection 142 (1) of the said Act is amended by strik-
ing out "in the county or district in which the provincial
offences court having jurisdiction in respect of the offence is
situated" in the thirteenth, fourteenth and fifteenth lines.
35. — (1) Subsections 5 (3) and (4) of the Regional Munici-
pality of Durham Act, being chapter 434 of the Revised Statutes
of Ontario, 1980, are repealed.
(2) Subsection 133 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
36. — (1) Subsections 5 (3), (4) and (6) of the Regional
Municipality of Haldimand-Norfolk Act, being chapter 435 of
the Revised Statutes of Ontario, 1980, are repealed.
(2) Subsection 116 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
37. — (1) Subsections 5 (3) and (5) of the Regional Munici-
pality of Halton Act, being chapter 436 of the Revised Statutes
of Ontario, 1980, are repealed.
(2) Subsection 126 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
mserting in lieu thereof "Ontario Court (General Division)".
38. — (1) Subsections 4 (3) and (5) of the Regional Munici-
pality of Hamilton-Wentworth Act, being chapter 437 of the
Revised Statutes of Ontario, 1980, are repealed.
(2) Subsection 138 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
16 Bill 3 COURT REFORM STATUTE LAW 1989
39. — (1) Subsections 4 (3) and (4) of the Regional Munici-
pality of Niagara Act, being chapter 438 of the Revised Statutes
of Ontario, 1980, are repealed.
(2) Subsection 165 (1) of the said Act is amended by striking
out "either of the county courts within the Regional Area or a
judge of the county court of a county adjoining the Regional
Area" in the second, third and fourth lines and inserting in
lieu thereof "the Ontario Court (General Division)".
40. — (1) Subsection 2 (3) of the Regional Municipality of
Ottawa-Carleton Act, being chapter 439 of the Revised Statutes
of Ontario, 1980, is repealed.
(2) Subsection 168 (1) of the said Act is amended by striking
out "county court of the Regional Area or a judge of the
county court of a county adjoining the Regional Area" in the
second, third and fourth lines and inserting in lieu thereof
"Ontario Court (General Division)".
41. — (1) Subsections 5 (3) and (5) of the Regional Munici-
pality of Peel Act, being chapter 440 of the Revised Statutes of
Ontario, 1980, are repealed.
(2) Subsection 121 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
42. — (1) Subsection 4 (3) of the Regional Municipality of
Sudbury Act, being chapter 441 of the Revised Statutes of
Ontario, 1980, is repealed.
(2) Subsection 108 (1) of the said Act is amended by striking
out "district court within the Regional Area or a judge of the
district court of a district adjoining the Regional Area" in the
second, third and fourth lines and inserting in lieu thereof
"Ontario Court (General Division)".
43. — (1) Subsections 4 (3) and (5) of the Regional Munici-
pality of Waterloo Act, being chapter 442 of the Revised Stat-
utes of Ontario, 1980, are repealed.
(2) Subsection 156 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county adjoining the Regional Area" in the
second, third and fourth lines and inserting in lieu thereof
"Ontario Court (General Division)".
1989 COURT REFORM STATUTE LAW Bill 3 17
44. — (1) Subsection 4 (3) of the Regional Municipality of
York Act, being chapter 443 of the Revised Statutes of Ontario,
1980, is repealed.
(2) Subsection 157 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof ''Ontario Court (General Division)".
45. — (1) Subsection 23 (2) of the Retail Sales Tax Act, being
chapter 454 of the Revised Statutes of Ontario, 1980, is
amended by striking out "Registrar of the Supreme Court or
the local registrar of the Supreme Court" in the fourth and
Hfth lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division)".
(2) Subsection 25 (1) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the Supreme Court" in the second and third lines and inserting
in lieu thereof "local registrar of the Ontario Court (General
Division)".
46. The Sheriffs Act, being chapter 470 of the Revised Stat-
utes of Ontario, 1980, as amended by the Statutes of Ontario,
1984, chapter 11, section 212, is repealed.
47. Subsection 35 (1) of the Statute Labour Act, being chap-
ter 482 of the Revised Statutes of Ontario, 1980, is amended by
striking out "Provisional Judicial" in the fifteenth line and
inserting in lieu thereof "Territorial".
48. — (1) Sections 2, 4 and 5 of the Surrogate Courts Act,
being chapter 491 of the Revised Statutes of Ontario, 1980, are
repealed.
(2) Sections 6 and 7 of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 215, are
repealed.
(3) Sections 8 and 9 of the said Act are repealed.
(4) Section 11 of the said Act, as amended by the Statutes of
Ontario, 1982, chapter 10, section 1, is repealed.
(5) Section 12 of the said Act, as amended by the Statutes of
Ontario, 1984, chapter 11, section 215, is repealed.
(6) Sections 14 and 15 of the said Act are repealed.
18
Bill 3
COURT REFORM STATUTE LAW
1989
(7) Section 17 of the said Act is repealed and tlie following
substituted therefor:
Depository
for the wills
of living
persons
17. The office of the local registrar of the Ontario Court
(General Division) is a depository for all wills of living per-
sons given there for safekeeping, and the local registrar shall
receive and keep those wills under such regulations as are pre-
scribed by the rules of court.
(8) Section 18 of the said Act is amended by striking out
''regulations as are prescribed by the surrogate court rules" in
the fourth and Hfth lines and inserting in lieu thereof "condi-
tions as are prescribed by the rules of court".
(9) Sections 21, 22 and 23 of the said Act are repealed.
(10) Section 26 of the said Act is repealed and the following
substituted therefor:
Grant of
probate or
adminis-
tration,
jurisdiction
26. — (1) An application for a grant of probate or letters of
administration shall be made to the Ontario Court (General
Division) and shall be filed in the office for the county or dis-
trict in which the testator or intestate had at the time of death
a fixed place of abode.
Where
decedent had
no abode in
Ontario
(2) If the testator or intestate had no fixed place of abode
in Ontario or resided out of Ontario at the time of death, the
application shall be filed in the office for the county or district
in which the testator or intestate had property at the time of
death.
^^^H^ati ^^) ^" other cases the application for probate or letters of
may' be 'fifed administration may be filed in any office.
in any office
(11) Sections 27, 28 and 29 of the said Act are repealed.
Trial of
questions of
fact by a
jury
(12) Subsection 30 (1) of the said Act is repealed and the
following substituted therefor:
(1) The court may cause any question of fact arising in any
proceeding to be tried by a jury.
(13) Section 32 of the said Act is repealed.
(14) Subsection 33 (1) of the said Act is repealed and the |
following substituted therefor: I
Right of
appeal
(1) Any party or person taking part in a proceeding under
this Act may appeal to the Divisional Court from an order,
determination or judgment of the Ontario Court (General
office
1989 COURT REFORM STATUTE LAW Bill 3 19
Division) if the value of the property affected by such order,
determination or judgment exceeds $200.
(15) Subsections 33 (4), (5) and (6) of the said Act are
repealed.
(16) Section 34 of the said Act is repealed.
(17) Section 44 of the said Act is amended by striking out
''surrogate court" in the sixth line and inserting in lieu thereof
"office of the Ontario Court (General Division)".
(18) Section 45 of the said Act is repealed and the following
substituted therefor:
45. If it appears by the certificate of the Estate Registrar where
for Ontario that application for probate or administration has med'^in more
been filed in two or more court offices, the proceedings shall ti^" one
be stayed until, on motion, a judge of the Ontario Court
(General Division) determines where the application will
proceed.
(19) Section 60 of the said Act is amended by striking out
"judge of the court for the time being, or in case of the separa-
tion of counties, to enure for the benefit of any judge of a sur-
rogate court to be named by the Supreme Court for that pur-
pose" in the fifth, sixth, seventh and eighth lines and inserting
in lieu thereof "Accountant of the Ontario Court".
(20) Subsection 74 (1) of the said Act is repealed.
(21) Subsection 74 (3) of the said Act is repealed and the
following substituted therefor:
(3) The judge, on passing the accounts of an executor, Powers of
administrator or such a trustee, has jurisdiction to enter into p^ss^g'"
and make full inquiry and accounting of and concerning the accounts
whole property that the deceased was possessed of or entitled
to, and its administration and disbursement.
(22) Subsection 74 (6) of the said Act is repealed.
(23) Section 78 of the said Act is repealed.
(24) Section 80 of the said Act, as re-enacted by the Statutes
of Ontario, 1984, chapter 11, section 215, is repealed.
20 Bill 3 COURT REFORM STATUTE LAW 1989
(25) The title to the Surrogate Courts Act is repealed and the
following substituted therefor:
ESTATES ACT
49. — (1) Section 1 of the Territorial Division Act, being
chapter 497 of the Revised Statutes of Ontario, 1980, as
amended by the Statutes of Ontario, 1982, chapter 57, section
4, is further amended by striking out "5, 5a, 6, 7 and 8 for
municipal and judicial purposes such counties, and for judicial
purposes such districts and metropolitan and regional areas,
are respectively" in the third, fourth, fifth and sixth lines and
inserting in lieu thereof '*and 5, for municipal purposes such
counties are".
(2) Paragraph 2 of section 1 of the said Act is amended by
striking out the following sentences at the end thereof:
"The Indian Reserve at Cape Croker shall, for judicial pur-
poses, be deemed part of the Township of Albemarle.
"The Indian Reserve at Chiefs Point and the Saugeen
Indian Reserve north of the mouth of the Saugeen River shall,
for judicial purposes, be deemed part of the Township of Ama-
bel".
(3) Paragraph 42 of the said section 1 is amended by striking
out "The Territorial District of Algoma forms the Provisional
Judicial District of Algoma" in the seventh and eighth lines
from the end thereof.
(4) Paragraph 43 of the said section 1 is amended by striking
out "The Territorial District of Cochrane forms the Provi-
sional Judicial District of Cochrane" at the end thereof.
(5) Paragraph 44 of the said section 1 is amended by striking
out "The Territorial District of Kenora forms the Provisional
Judicial District of Kenora" at the end thereof.
(6) Paragraph 45 of the said section 1 is amended by striking
out "The Territorial District of Manitoulin forms the Provi-
sional Judicial District of Manitoulin" at the end thereof.
(7) Paragraph 46 of the said section 1 is amended by striking
out "The District Municipality of Muskoka forms the Provl
sional Judicial District of Muskoka" at the end thereof.
(8) Paragraph 47 of the said section 1 is amended by striking
out "The Territorial District of Nipissing forms the Provisional
Judicial District of Nipissing" at the end thereof.
1989 COURT REFORM STATUTE LAW Bill 3 21
(9) Paragraph 48 of the said section 1 is amended by striking
out "The Territorial District of Parry Sound forms the Provi-
sional Judicial District of Parry Sound" at the end thereof.
(10) Paragraph 49 of the said section 1 is amended by strik-
ing out "The Territorial District of Rainy River forms the Pro-
visional Judicial District of Rainy River" at the end thereof.
(11) Paragraph 50 of the said section 1, as amended by the
Statutes of Ontario, 1986, chapter 52, section 1, is further
amended by striking out "The Territorial District of Sudbury
forms the Provisional Judicial District of Sudbury" at the end
thereof.
(12) Paragraph 51 of the said section 1 is amended by strik-
ing out "The Territorial District of Thunder Bay forms the
Provisional Judicial District of Thunder Bay" at the end there-
of.
(13) Paragraph 52 of the said section 1 is amended by strik-
ing out "The Territorial District of Timiskaming forms the
Provisional Judicial District of Timiskaming" at the end there-
of.
(14) Subsection 4 (1) of the said Act is amended by striking
out "judicial" in the first line.
(15) Subsection 4 (2) of the said Act is amended by striking
out "courts" in the fourth line.
(16) Section 5 of the said Act is repealed and the following
substituted therefor:
5. For municipal purposes, cities, towns and other munici- ^t|es and
palities withdrawn from the jurisdiction of a county do not
form part of the counties in which they are respectively
situate.
(17) Section 5a of the said Act, as enacted by the Statutes of
Ontario, 1982, chapter 57, section 4, is repealed.
(18) Sections 6, 7 and 8 of the said Act are repealed.
(19) Clause 15 (b) of the said Act is amended by striking out
"or provisional judicial district" in the first and second lines.
50. Subsection 13 (2) of the Tobacco Tax Act, being chapter
502 of the Revised Statutes of Ontario, 1980, is amended by
striking out "Registrar of the Supreme Court or with the local
registrar of the Supreme Court" in the fourth and fifth lines
towns
22 Bill 3 COURT REFORM STATUTE LAW 1989
and inserting in lieu thereof "local registrar of the Ontario
Court (General Division)".
51. Subsection 27 (1) of the Vital Statistics Act, being chap-
ter 524 of the Revised Statutes of Ontario, 1980, is amended by
striking out "The Registrar of the Supreme Court and every
local registrar of the Supreme Court" in the first and second
lines and inserting in lieu thereof "Every local registrar of the
Ontario Court (General Division)".
52, — (1) Subsection 10 (1) of the Woodmen's Lien for Wages
Act, being chapter 537 of the Revised Statutes of Ontario,
1980, is amended by striking out "$1,000" in the third line
and in the sixth line and inserting in lieu thereof in each
instance "the monetary jurisdiction of the Small Claims
Court".
(2) Section 16 of the said Act is amended by striking out
"$1,000" in the first line and inserting in lieu thereof "the
monetary jurisdiction of the Small Claims Court".
(3) Subsection 17 (1) of the said Act is amended by striking
out "$1,000" in the first line and inserting in lieu thereof "the
monetary jurisdiction of the Small Claims Court".
53. Section 116 of the Workers' Compensation Act, being
chapter 539 of the Revised Statutes of Ontario, 1980, is
amended by stHking out "$1,000" in the ninth line and insert-
ing in lieu thereof "the monetary jurisdiction of the Small
Claims Court".
Commence- 54, jhis Act comcs iuto force on a day to be named by
proclamation of the Lieutenant Governor.
Short title 55. xhe short title of this Act is the Court Reform Statute
Law Amendment Act, 1989.
Bill 3 Government Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bills
An Act to amend certain Statutes of Ontario
Consequent upon Amendments to the
Courts of Justice Act, 1984
The Hon. I. Scott
Attorney General
1st Reading May 1st, 1989
2nd Reading June 14th, 1989
3rd Reading
Royal Assent
(Reprinted as amended by the Administration of Justice Committee)
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTE
The Bill repeals the Sheriffs Act and makes amendments to 52 other statutes. The
amendments are required as a result of the amendments set out in the Courts of Justice
Amendment Act, 1989 changing the structure and administration of the courts.
Bill 3 1989
An Act to amend certain Statutes of Ontario
Consequent upon Amendments to the
Courts of Justice Act, 1984
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. — (1) Subsection 23 (8) of the Cemeteries Act, being chap-
ter 59 of the Revised Statutes of Ontario, 1980, is amended by
striking out '^$200 or less" in the third Hne and inserting in
lieu thereof * 'within the monetary jurisdiction of the Small
Claims Court".
(2) Subsection 29 (3) of the said Act is amended by striking
out "the judge of the surrogate court of the Judicial District of
York" in the fourth and flfth lines and inserting in lieu thereof
"a judge of the Ontario Court (General Division) sitting in The
Municipality of Metropolitan Toronto".
2. Subsection 63 (1) of the Child and Family Services Act,
1984, being chapter 55, is repealed and the following substi-
tuted therefor:
(1) The Minister may appoint a judge of the Ontario Court investigation
of Justice or the Unified Family Court to investigate a matter ^ ^" ^^
relating to a child in a society's care or the proper administra-
tion of this Part, and a judge who is appointed shall conduct
the investigation and make a written report to the Minister.
3.— (1) Section 3 of the Children's Law Reform Act, being
chapter 68 of the Revised Statutes of Ontario, 1980, is
amended by striking out *'the Judicial District" in the second
and third lines and inserting in lieu thereof ''The Regional
Municipality".
(2) Section 73 of the said Act, as enacted by the Statutes of
Ontario, 1982, chapter 20, section 1, is repealed and the
following substituted therefor:
Bill 3
COURT REFORM STATUTE LAW
1989
Order made 73, — (1) An application to vary an order made by a surro-
r!sx). 1980, gate court under the Minors Act shall be made to the Ontario
c. 292 Court (General Division).
Idem
1984, c. 11
(2) Section 160 of the Courts of Justice Act, 1984 does not
apply to subsection (1) to deem the reference to a surrogate
court to be a reference to the Ontario Court (General
Division).
4. — (1) Section 51 of the Construction Lien Act, 1983, being
chapter 6, as amended by the Statutes of Ontario, 1984, chap-
ter 11, section 165, is repealed.
(2) Section 52 of the said Act, as amended by the Statutes of
Ontario, 1984, chapter 11, section 165, is repealed. -^^
(3) Section 53 of the said Act, as amended by the Statutes of
Ontario, 1984, chapter 11, section 165, is repealed and the
following substituted therefor:
Court to 53, xhe court/whether the action is being tried by a judge
dispose , . r i~^ J J ^
completely of or by a mastcr on a reference,
action
(a) shall try the action, including any set-off, cross-
claim, counterclaim and, subject to section 58, third
party claim, and all questions that arise therein or^
that are necessary to be tried in order to dispose
completely of the action and to adjust the rights and
liabilities of the persons appearing before it or upon
whom notice of trial has been served; and
(b) shall take all accounts, make all inquiries, give all
directions and do all things necessary to dispose
finally of the action and all matters, questions and
accounts arising therein or at the trial and to adjust
the rights and liabilities of, and give all necessary
relief to, all parties to the action.
(4) Section 54 of the said Act, as amended by the Statutes of
Ontario, 1984, chapter 11, section 165, is repealed and the
following substituted therefor:
Where 54, \ judge or master does not acquire exclusive jurisdic-
exclusive <j *j -i t t
jurisdiction tion ovcr the trial of an action or reference by reason only or
not acquired appointing the time and place for the trial of the action or ref-
erence, or for holding a settlement meeting.
(5) Subsection 60 (1) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed
and the following substituted therefor:
1989
COURT REFORM STATUTE LAW
Bill 3
(1) On motion made after the delivery of all statements of Reference to
defence, or the statements of defence to all crossclaims,
counterclaims or third party claims, if any, or the time for
their dehvery has expired, a judge may refer the whole action
for trial to a master assigned to the county or district in which
the premises or part of the premises are situate.
(la) A master shall not hear or dispose of a motion made i^em
under subsection (1).
(6) Subsection 60 (2) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed
and the following substituted therefor:
(2) At the trial, a judge may direct a reference to a master i^em
assigned to the county or district in which the premises or part
of the premises are situate,
(2a) A master to whom a reference has been directed has Powers of
all the jurisdiction, powers and authority of the court to try reference"
and completely dispose of the action and all matters and ques-
tions arising in connection with the action, including the giving
of leave to amend any pleading and the giving of directions to
a receiver or trustee appointed by the court. -^t-
(7) Subsection 60 (3) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed
and the following substituted therefor:
(3) Where under subsection (1) the action has been Application
referred to a master for trial, any person who subsequently o^rc^r of' ^
becomes a party to the action may, within seven days after reference
becoming a party to the action, make a motion to a judge of
the court that directed the reference to set aside the judgment
directing the reference.
(8) Clause 64 (1) (b) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed
and the following substituted therefor:
(b) in a report in the prescribed form, where the trial is
conducted by a master on a reference.
(2) Subsection 64 (3) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed
and the following substituted therefor:
(3) The report of a master shall be deemed to be confirmed when report
at the expiration of the fifteen-day period next following the confirmed
date that the notice of filing was given, unless notice of a
4 Bill 3 COURT REFORM STATUTE LAW 1989
motion to oppose confirmation of the report is served within
that time.
5. — (1) Subsection 48 (3) of the Conveyancing and Law of
Property Act, being chapter 90 of the Revised Statutes of
Ontario, 1980, as amended by the Statutes of Ontario, 1986,
chapter 64, section 6, is further amended by striking out ''the
office of the Registrar of the Supreme Court at Osgoode Hall"
in the fifth and sixth lines and inserting in lieu thereof ''an
office of the Ontario Court (General Division)".
(2) Section 49 of the said Act, as amended by the Statutes of
Ontario, 1986, chapter 64, section 6, is further amended by
striking out "the office of the Registrar of the Supreme Court
at Osgoode Hall" in the thirteenth and fourteenth lines and
inserting in lieu thereof "an office of the Ontario Court (Gen-
eral Division)".
6. Subsection 6 (1) of the Coroners Act, being chapter 93 of
the Revised Statutes of Ontario, 1980, is amended by striking
out "the Chief Judge of the County and District Courts" in the
second line and inserting in lieu thereof "a judge of the
Ontario Court (General Division) designated by the Chief
Judge of the Ontario Court".
7. — (1) Subsection 78 (2) of the Corporations Tax Act, being
chapter 97 of the Revised Statutes of Ontario, 1980, is
amended by striking out "Registrar of the Supreme Court or
the local registrar of the Supreme Court" in the fourth and
fifth lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division)".
(2) Subsection 80 (1) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the Supreme Court" in the second and third lines and inserting
in lieu thereof "local registrar of the Ontario Court (General
Division)".
8. — (1) Clause 3 (2) (a) of the County of Haliburton Act,
1982, being chapter 57, is repealed.
(2) Subsection 4 (4) of the said Act is repealed.
9. — (1) Section 3 of the Creditors' Relief Act, being chapter
103 of the Revised Statutes of Ontario, 1980, as re-enacted by
the Statutes of Ontario, 1985, chapter 1, section 1, is amended
by adding thereto the following subsection:
1989 COURT REFORM STATUTE LAW Bill 3 5
(2) Subsection (1) does not affect the priority of a creditor Exception
by execution or garnishment issued by the Small Claims
Court.
(2) Subsection 22 (2) of the said Act is repealed and the
following substituted therefor:
(2) Such costs shall be ascertained in accordance with the scaie of costs
tariffs of costs under the rules of court applicable to,
(a) the Small Claims Court, if the claim is within the
monetary jurisdiction of that court; or
(b) the Ontario Court (General Division), in any other
case.
10. — (1) Subsection 3 (1) of the Crown Attorneys Act, being
chapter 107 of the Revised Statutes of Ontario, 1980, is
amended by striking out "the Judicial District of York" in the
third and fourth lines and in the sixth line and inserting in lieu
thereof in each instance "The Municipality of Metropolitan
Toronto".
(2) Subsection 3 (2) of the said Act is amended by striking
out "the Judicial District of York" wherever it occurs and
inserting in lieu thereof in each instance "The Municipality of
Metropolitan Toronto".
(3) Subclause 12 (b) (ii) of the said Act, as re-enacted by the
Statutes of Ontario, 1984, chapter 11, section 170, is repealed.
11. — (1) Subsection 4 (3) of the District Municipality ofMus-
koka Act, being chapter 121 of the Revised Statutes of Ontario,
1980, is repealed.
(2) Subsection 112 (1) of the said Act is amended by striking
out "district court within the District Area or a judge of the
county court or district court of a county or district adjoining
the District Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
12. — (1) Section 69 of the Election Act, 1984, being chapter
54, is repealed and the following substituted therefor:
69. In this section and in sections 70 to 80, unless other- Definition
wise stated, "judge" means a judge of the Ontario Court
(Provincial Division).
(2) Subsection 70 (2) of the said Act is amended by striking
out "the clerk of the county or district court" in the third line
6 Bill 3 COURT REFORM STATUTE LAW 1989
and inserting in lieu thereof "a clerk of the Ontario Court
(Provincial Division) of the county or district in which the
electoral district or any part of it is situate".
(3) Subsection 72 (2) of the said Act is amended by striking
out "of the county or district court" in the first and second
lines.
(4) Section 78 of the said Act is amended by striking out
"court of the county or judicial district" in the fourth and fifth
lines and inserting in lieu thereof "Ontario Court (Provincial
Division)". -^^
(5) Subsection 79 (3) of the said Act is amended by striking
out "Registrar of the Supreme Court" in the fifth and sixth
lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division) of the county or district in
which the electoral district or any part of it is situate" and by
striking out "Registrar" in the eighth line and inserting in lieu
thereof "local registrar".
(6) Subsections 79 (4) and (5) of the said Act are amended
by striking out "Registrar" wherever it occurs and inserting in
lieu thereof in each instance "local registrar".
(7) Subsection 85 (5) of the said Act is amended by striking
out "Registrar of the Supreme Court" in the second and third
lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division) of the county or district in
which the electoral district or any part of it is situate" and by
striking out "Registrar" in the fourth line and inserting in lieu
thereof "local registrar".
(8) Subsections 98 (5) and (6) of the said Act are repealed
and the following substituted therefor:
J-o^^' (5) When an action is commenced by a person other than
regisuar o ^^^ Chief Election Officer, the local registrar of the Ontario
CEO. Court (General Division) shall notify the Chief Election
Officer by registered mail.
(9) Subsection 103 (3) of the said Act is amended by striking
out "Registrar of the Supreme Court" in the second Une and
inserting in lieu thereof "local registrar of the Ontario Court
(General Division)".
(10) Subsection 105 (1) of the said Act is amended by strik-
ing out "Registrar of the Supreme Court" in the sixth and sev-
enth lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division)".
1989 COURT REFORM STATUTE LAW Bill 3 7
(11) Subsection 106 (7) of the said Act is amended by strik-
ing out "Registrar of the Supreme Court" in the first line and
inserting in lieu thereof "local registrar of the Ontario Court
(General Division)".
(12) Subsection 107 (2) of the said Act is amended by strik-
ing out "Registrar" in the second line and inserting in lieu
thereof "local registrar".
(13) Subsection 109 (2) of the said Act is repealed and the
following substituted therefor:
(2) The appeal shall be heard as speedily as practicable. u^^T^ ^° ^^
speedily
13. Section 49 of the Evidence Act, being chapter 145 of the
Revised Statutes of Ontario, 1980, is amended by striking out
"surrogate court granting the same, or under the seal of the
Supreme Court, where the probate or letters of administration
were granted by the former court of probate for Upper Cana-
da" in the fifth, sixth, seventh and eighth lines and inserting in
lieu thereof "court that granted it or under the seal of the
Ontario Court (General Division)".
14. Subsections 24 (2) and (3) of the Fraudulent Debtors
Arrest Act, being chapter 177 of the Revised Statutes of Ontar-
io, 1980, are repealed.
15.— (1) Subsection 14 (6) of the Fuel Tax Act, 1981, being
chapter 59, is amended by striking out "Registrar of the
Supreme Court or the local registrar of the Supreme Court" in
the third and fourth lines and inserting in lieu thereof "local
registrar of the Ontario Court (General Division)".
(2) Subsection 14 (10) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the Supreme Court" in the second and third lines and inserting
in lieu thereof "local registrar of the Ontario Court (General
Division)".
16. Subsection 14 (2) of the Gasoline Tax Act, being chapter
186 of the Revised Statutes of Ontario, 1980, is amended by
striking out "Registrar of the Supreme Court or with the local
registrar of the Supreme Court" in the fourth and fifth lines
and inserting in lieu thereof "local registrar of the Ontario
Court (General Division)".
17. — (1) Clause 20 (3) (a) of the Income Tax Act, being
chapter 213 of the Revised Statutes of Ontario, 1980, is
amended by striking out "Registrar of the Supreme Court or
the local registrar of the court" in the fifth, sixth and seventh
Bill 3 COURT REFORM STATUTE LAW 1989
lines and inserting in lieu thereof 'Mocal registrar of the
Ontario Court (General Division)".
(2) Subsection 21 (3) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the court" in the fourth and fifth lines and inserting in lieu
thereof "local registrar of the Ontario Court (General Divi-
sion)".
(3) Subsection 21 (6) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the court, as the case may be" in the flrst, second and third
lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division)".
18. Subsection 19 (2) of the Industrial Standards Act, being
chapter 216 of the Revised Statutes of Ontario, 1980, is
amended by striking out "$1,000" in the fifth Une and insert-
ing in lieu thereof "the monetary jurisdiction of the Small
Claims Court".
19. Section 61 of the Insurance Act, being chapter 218 ot
the Revised Statutes of Ontario, 1980, is amended by striking
out "the Master of the Supreme Court" in the fourth line and
inserting in lieu thereof "a referee in a proceeding in the
Ontario Court (General Division)".
20. — (1) Clause 27 (i) of the Interpretation Act, being chap-
ter 219 of the Revised Statutes of Ontario, 1980, is repealed
and the following substituted therefor:
(i) where the time limited for a proceeding or for the
doing of any thing in a court office, a land registry
office or a sheriffs office expires or falls on a day
that is prescribed as a holiday for that office, the
time so limited extends to and the thing may be
done on the day next following that is not a holiday.
(2) Paragraphs 9 and 35 of section 30 of the said Act are
repealed.
21. — (1) Subsection 5 (3) of the Juries Act, being chapter
226 of the Revised Statutes of Ontario, 1980, is amended by
adding "and" at the end of clause (a) and by striking out
clauses (b) and (c) and inserting in lieu thereof:
(b) to the local registrar of the Ontario Court (General
Division), a copy of the determination for the num-
ber of jurors under clause (1) (a).
1989 COURT REFORM STATUTE LAW Bill 3 f
(2) Subsection 12 (1) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 189, is repealed
and the following substituted therefor:
(1) A judge of the Ontario Court (General Division) may issuance of
issue precepts in the form prescribed by the regulations to the P'^^'^^p^^
sheriff for the return of such number of jurors as the sheriff
has determined as the number to be drafted and returned or
such greater or lesser number as in his or her opinion is
required.
(3) Subsection 12 (la) of the said Act, as enacted by the
Statutes of Ontario, 1984, chapter 11, section 189, is repealed.
(4) Subsection 12 (2) of the said Act is repealed.
(5) Subsection 39 (2) of the said Act is amended by striking
out "Registrar or the local registrar of the Supreme Court, as
the case may be" in the third and fourth lines and inserting in
lieu thereof "local registrar of the Ontario Court (General
Division)".
22.— (1) Clauses 9 (1) (a), (b) and (c) of the Justices of the
Peace Act, 1989, being chapter 46, are repealed and the follow-
ing substituted therefor:
(a) the Chief Judge of the Ontario Court (Provincial
Division) who shall preside over the Review
Council;
(b) the Co-ordinator;
(c) the regional senior judge of the Ontario Court
(Provincial Division) in the region in which the
matter being considered by the Council arises.
a) le juge en chef de la Cour de I'Ontario (Division
provinciale), qui preside le Conseil;
b) le coordonnateur;
c) le juge principal regional de la Cour de I'Ontario
(Division provinciale) de la region ou se presente
r affaire dont traite le Conseil.
(2) Subsection 14 (1) of the said Act is repealed and the
following substituted therefor:
10
Bills
COURT REFORM STATUTE LAW
1989
Co-ordinator (1) xhc Co-ordinator has general supervision and direction
jSstSes!^'^^ over sittings of justices of the peace and the assignment of
assign duties their dutics, subjcct to the direction of the Chief Judge of the
Ontario Court (Provincial Division).
Surveillance, (1) Le coordonnatcur est charge de I'administration et de la
^^^'rfon- ^ surveillance des sessions des juges de paix et de I'assignation
coordon
nateur
de leurs fonctions, sous reserve de la direction du juge en chef
de la Cour de I'Ontario (Division provinciale).
(3) Subsection 14 (6) of the said Act is amended by striking
out ''a'' in the fourth line of the English version and inserting
in lieu thereof "the" and by striking out "d'un" in the fifth
line of the French version and inserting in lieu thereof "du".
23. Subsection 12 (2) of the Land Transfer Tax Act, being
chapter 231 of the Revised Statutes of Ontario, 1980, is
amended by striking out "Registrar of the Supreme Court or
with the Local Registrar of the Supreme Court" in the fourth
and fifth lines and inserting in lieu thereof "local registrar of
the Ontario Court (General Division)".
24. — (1) Sections 69 and 70 of the Landlord and Tenant Act,
being chapter 232 of the Revised Statutes of Ontario, 1980, are
repealed.
(2) Section 74 of the said Act is repealed and the following
substituted therefor:
Scale of costs 74^ j]^q costs of the proceeding before the judge shall be
on the Small Claims Court scale if the amount claimed by the
landlord does not exceed the monetary jurisdiction of the
Small Claims Court.
25. Section 49 of the Law Society Act, being chapter 233 of
the Revised Statutes of Ontario, 1980, is amended by striking
out "Registrar of the Supreme Court" in the fourth line and
inserting in lieu thereof "local registrar of the Ontario Court
(General Division) at Toronto".
26. — (1) Subsection 17 (3) of the Legislative Assembly Act,
being chapter 235 of the Revised Statutes of Ontario, 1980, is
repealed and the following substituted therefor:
Jrco'"'of°" ^^^ ^^^ ^^^^^ ^^ ^^^ Assembly shall, on receiving a dis-
discEe" claimer, forthwith send a copy of it to the local registrar of the
Ontario Court (General Division) for the county or district in
1989 COURT REFORM STATUTE LAW Bill 3 11
which is situate the electoral district or any part of the elec-
toral district for which the member so disclaiming was elected.
(2) Subsection 47 (2) of the said Act is amended by striking
out "the Judicial District of York" in the second and third
lines and inserting in lieu thereof "The Municipality of Metro-
politan Toronto".
27. Subsection 13 (4) of the Libel and Slander Act, being
chapter 237 of the Revised Statutes of Ontario, 1980, is
repealed and the following substituted therefor:
(4) An order made under this section is final and is not P^^er of
iuusc
subject to appeal. respecting
security final
28. — (1) Subsection 10 (1) of the Master and Servant Act,
being chapter 257 of the Revised Statutes of Ontario, 1980, is
amended by striking out "small claims court of the division in
which the cause of action arose or in which the party or parties
complained against, or one of them, resided at the time of the
making of the complaint, or to the small claims court held in
the division in which the party or parties complained against or
one of them carried on business" in the fourth, Hfth, sixth,
seventh, eighth and ninth lines and inserting in lieu thereof
"Ontario Court (General Division)".
(2) Section 11 of the said Act is repealed.
29. Subsection 102 (1) of the Municipal Act, being chapter
302 of the Revised Statutes of Ontario, 1980, is amended by
striking out "county or district court of the county or district
in which the municipality is situate, or a judge of the county or
district court of a county or district adjoining the county or
district in which the municipality is situate" in the second,
third, fourth, fifth and sixth lines and inserting in lieu thereof
"Ontario Court (General Division)".
30. — (1) Subsection 87 (1) of the Municipal Elections Act,
being chapter 308 of the Revised Statutes of Ontario, 1980, as
re-enacted by the Statutes of Ontario, 1988, chapter 33, section
9, is amended by striking out "District Court oP' in the ninth
line and inserting in lieu thereof "Ontario Court (Provincial
Division) sitting in".
(2) Subsection 87 (4) of the said Act, as enacted by the
Statutes of Ontario, 1988, chapter 33, section 9, is amended by
striking out "the local registrar of the District Court" in the
third line and inserting in lieu thereof "a clerk of the Ontario
Court (Provincial Division) of the county or district in which
the electoral district or any part of it is situate". -^^
12
Bills
COURT REFORM STATUTE LAW
1989
(3) Subsection 88c (1) of the said Act, as enacted by the
Statutes of Ontario, 1988, chapter 33, section 9, is amended by
striking out "District Court" in the fourth line and inserting in
lieu thereof "Ontario Court (Provincial Division)".
Appeal from
decision of
provincial
judge or
recount
officer
Service of
notice
Documents
to be
forwarded
Certificate to
be issued
after appeal
(4) Subsection 88c (2) of the said Act, as enacted by the
Statutes of Ontario, 1988, chapter 33, section 9, is amended by
striking out "District Court" in the fourth line and inserting in
lieu thereof "Ontario Court (Provincial Division)".
(5) Section 88j of the said Act, as enacted by the Statutes of
Ontario, 1988, chapter 33, section 9, is repealed and the
following substituted therefor:
88j. — (1) Any party may appeal to the Ontario Court
(General Division) from the decision of the provincial judge
on the application or of the recount officer on the recount, as
the case may be, by giving written notice not more than five
days following the completion of the hearing or the recount to
the other parties concerned and to the provincial judge or the
recount officer and the notice may limit the appeal to speci-
fied disputed ballots.
(2) The notice shall be served upon the other parties per-
sonally or upon the solicitor who acted for the party or in the
manner that a judge of the Ontario Court (General Division)
may direct.
(3) The provincial judge or recount officer shall forward to
the local registrar of the Ontario Court (General Division) by
registered mail,
(a) the notice of appeal;
(b) a certificate showing the findings of the provincial
judge or recount officer on the ballots or statements
in dispute;
(c) if the appeal is limited to specified disputed ballots,
the ballots or statements of the vote that are the
subject of the appeal in the envelopes described in
subsection 88c (7) and section 88d; and
(d) if the appeal is not limited, all of the ballots in the
envelopes referred to in clause 88c (8) (b) or 88e (1)
(b).
(4) The provincial judge or recount officer shall await the
result of the appeal before preparing the certificate under sub-
section 88c (8) or 88e (2).
1989 COURT REFORM STATUTE LAW Bill 3 13
(5) The provincial judge or recount officer shall, upon Copy of
request, allow each party to make a copy of the order or certi-
ficate, as the case may be, before it is forwarded to the local
registrar.
(6) On receipt of the ballots, notice and statement, the Appointment
local registrar shall immediately fix a time for hearing the °^ ^^""^
appeal and shall notify the parties or their solicitors of the
time so fixed.
(7) One judge of the Ontario Court (General Division) Determi-
shall determine the objection pertaining to, or count again. General^
the ballots or such of them as are the subject of appeal, or Division
review the re-addition, as the case may be, and shall immedi-
ately certify in writing the decision of the court to the provin-
cial judge or to the recount officer.
(8) The provincial judge or recount officer, in compliance Certificate to
with the decision of the Ontario Court (General Division), decision
shall certify the result without delay. -^
31. Subsection 252 (1) of the Municipality of Metropolitan
Toronto Act, being chapter 314 of the Revised Statutes of
Ontario, 1980, is amended by striking out "county court of the
Judicial District of York, or a judge of the county court of a
judicial district adjoining the Judicial District of York" in the
second, third and fourth lines and inserting in lieu thereof
"Ontario Court (General Division)".
32. Subsection 121 (1) of the County of Oxford Act, being
chapter 365 of the Revised Statutes of Ontario, 1980, is
amended by striking out "county court within the County or a
judge of the county court of a county or judicial district adjoin-
ing the County" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
33. — (1) Subsection 11 (9) of the Provincial Land Tax Act,
being chapter 399 of the Revised Statutes of Ontario, 1980, as
re-enacted by the Statutes of Ontario, 1982, chapter 18, section
7, is amended by striking out "Registrar of the Supreme Court
of Ontario or the local registrar of the Supreme Court" in the
fourth, fifth and sixth lines and inserting in lieu thereof "local
registrar of the Ontario Court (General Division)".
(2) Subsection 11 (11) of the said Act, as enacted by the
Statutes of Ontario, 1982, chapter 18, section 7, is amended by
striking out "Registrar of the Supreme Court or the local reg-
istrar of the Supreme Court" in the flrst and second lines and
inserting in lieu thereof "local registrar of the Ontario Court
(General Division)".
14
Bill 3
COURT REFORM STATUTE LAW
1989
34. — (1) Clause 1 (1) (j) of the Provincial Offences Act,
being chapter 400 of the Revised Statutes of Ontario, 1980, is
amended by striking out ''court" in the first line and inserting
in lieu thereof "Chief Judge of the Ontario Court (Provincial
Division)".
(2) Subsection 31 (2) of the said Act is amended by striking
out "chief judge of the provincial offences courts" in the third
and fourth lines and inserting in lieu thereof "Chief Judge of
the Ontario Court (Provincial Division)".
(3) Subsection 31 (3) of the said Act is amended by striking
out "chief judge of the provincial offences courts" in the
fourth and fifth lines and inserting in lieu thereof "Chief Judge
of the Ontario Court (Provincial Division)".
(4) The said Act is amended by adding thereto the following
section:
Contempt 90a. — (1) Exccpt as otherwise provided by an Act, every
person who commits contempt in the face of a justice of the
peace presiding over the Ontario Court (Provincial Division)
in a proceeding under this Act is on conviction liable to a fine
of not more than $1,000 or to imprisonment for a term of not
more than thirty days, or to both.
Statement to
offender
(2) Before a proceeding is taken for contempt under sub-
section (1), the justice of the peace shall inform the offender
of the conduct complained of and the nature of the contempt
and inform him or her of the right to show cause why he or
she should not be punished.
Show cause
(3) A punishment for contempt in the face of the court
shall not be imposed without giving the offender an opportu-
nity to show cause why he or she should not be punished.
Adjournment
for adjudi-
cation
(4) Except where, in the opinion of the justice of the
peace, it is necessary to deal with the contempt immediately
for the preservation of order and control in the courtroom,
the justice of the peace shall adjourn the contempt proceeding
to another day.
Adjudication
by judge
(5) A contempt proceeding that is adjourned to another
day under subsection (4) shall be heard and determined by the
court presided over by a provincial judge.
Arrest for
immediate
adjudication
(6) Where the justice of the peace proceeds to deal with a
contempt immediately and without adjournment under sub-
section (4), the justice of the peace may order the offender
1989 COURT REFORM STATUTE LAW Bill 3 15
arrested and detained in the courtroom for the purpose of the
hearing and determination.
(7) Where the offender is appearing before the court as an Barring agent
agent who is not a barrister and solicitor entitled to practise in '" '^•'"^^'"p^
Ontario, the court may order that he or she be barred from
acting as agent in the proceeding in addition to any other pun-
ishment to which he or she is liable.
(8) An order of punishment for contempt under this section Appeals
is appealable in the same manner as if it were a conviction in
a proceeding commenced by certificate under Part I of this
Act.
(9) This Act applies for the purpose of enforcing a punish- Enforcement
ment by way of a fine or imprisonment under this section.
(5) Section 91m of the said Act, as enacted by the Statutes of
Ontario, 1983, chapter 80, section 1, is amended by striking
out "provincial court (criminal division)" in the sixth line and
inserting in lieu thereof "Ontario Court (Provincial Division)
presided over by a provincial judge".
(6) Clause 99 (2) (a) of the said Act is amended by striking
out "provincial court (criminal division) of" in the second and
third lines and inserting in lieu thereof "Ontario Court (Pro-
vincial Division) presided over by a provincial judge sitting
in".
(7) Subsection 118 (1) of the said Act is amended by striking
out "provincial court (criminal division) of" in the fifth line
and inserting in lieu thereof "Ontario Court (Provincial Divi-
sion) presided over by a provincial judge sitting in".
(8) Subsection 122 (1) of the said Act is repealed and the
following substituted therefor:
(1) An appeal lies from the judgment of the Ontario Court Appeal to
(Provincial Division) in an appeal under seciton 118 to the Ap^ai*
Court of Appeal, with leave of a justice of appeal, on special
grounds, upon any question of law alone. -^^
(9) Section 123 of the said Act is repealed.
(10) Subsection 142 (1) of the said Act is amended by strik-
ing out "in the county or district in which the provincial
offences court having jurisdiction in respect of the offence is
situated" in the thirteenth, fourteenth and fifteenth lines.
16 Bill 3 COURT REFORM STATUTE LAW 1989
35. — (1) Subsections 5 (3) and (4) of the Regional Munici-
pality of Durham Act, being chapter 434 of the Revised Statutes
of Ontario, 1980, are repealed.
(2) Subsection 133 (1) of the said Act is amended by striking
out * 'county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
36. — (1) Subsections 5 (3), (4) and (6) of the Regional
Municipality of Haldimand-Norfolk Act, being chapter 435 of
the Revised Statutes of Ontario, 1980, are repealed.
(2) Subsection 116 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
37.— (1) Subsections 5 (3) and (5) of the Regional Munici-
pality of Halton Act, being chapter 436 of the Revised Statutes
of Ontario, 1980, are repealed.
(2) Subsection 126 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
38. — (1) Subsections 4 (3) and (5) of the Regional Munici-
pality of Hamilton-Wentworth Act, being chapter 437 of the
Revised Statutes of Ontario, 1980, are repealed.
(2) Subsection 138 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
39. — (1) Subsections 4 (3) and (4) of the Regional Munici-
pality of Niagara Act, being chapter 438 of the Revised Statutes
of Ontario, 1980, are repealed.
(2) Subsection 165 (1) of the said Act is amended by striking
out "either of the county courts within the Regional Area or a
judge of the county court of a county adjoining the Regional
Area" in the second, third and fourth lines and inserting in
lieu thereof "the Ontario Court (General Division)".
1989 COURT REFORM STATUTE LAW Bill 3 17
40. — (1) Subsection 2 (3) of the Regional Municipality of
Ottawa-Carleton Act, being chapter 439 of the Revised Statutes
of Ontario, 1980, is repealed.
(2) Subsection 168 (1) of the said Act is amended by striking
out "county court of the Regional Area or a judge of the
county court of a county adjoining the Regional Area" in the
second, third and fourth lines and inserting in lieu thereof
"Ontario Court (General Division)".
41. — (1) Subsections 5 (3) and (5) of the Regional Munici-
pality of Peel Act, being chapter 440 of the Revised Statutes of
Ontario, 1980, are repealed.
(2) Subsection 121 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
42. — (1) Subsection 4 (3) of the Regional Municipality of
Sudbury Act, being chapter 441 of the Revised Statutes of
Ontario, 1980, is repealed.
(2) Subsection 108 (1) of the said Act is amended by striking
out "district court within the Regional Area or a judge of the
district court of a district adjoining the Regional Area" in the
second, third and fourth Unes and inserting in lieu thereof
"Ontario Court (General Division)".
43. — (1) Subsections 4 (3) and (5) of the Regional Munici-
pality of Waterloo Act, being chapter 442 of the Revised Stat-
utes of Ontario, 1980, are repealed.
(2) Subsection 156 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county adjoining the Regional Area" in the
second, third and fourth lines and inserting in lieu thereof
"Ontario Court (General Division)".
44. — (1) Subsection 4 (3) of the Regional Municipality of
York Act, being chapter 443 of the Revised Statutes of Ontario,
1980, is repealed.
(2) Subsection 157 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
18 Bill 3 COURT REFORM STATUTE LAW 1989
45._(1) Subsection 23 (2) of the Retail Sales Tax Act, being
chapter 454 of the Revised Statutes of Ontario, 1980, is
amended by striking out "Registrar of the Supreme Court or
the local registrar of the Supreme Court" in the fourth and
fifth lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division)".
(2) Subsection 25 (1) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the Supreme Court" in the second and third lines and inserting
in lieu thereof "local registrar of the Ontario Court (General
Division)".
46. The Sheriffs Act, being chapter 470 of the Revised Stat-
utes of Ontario, 1980, as amended by the Statutes of Ontario,
1984, chapter 11, section 212 and 1989, chapter 24, section 2,
is repealed.
47. Subsection 35 (1) of the Statute Labour Act, being chap-
ter 482 of the Revised Statutes of Ontario, 1980, is amended by
striking out "Provisional Judicial" in the fifteenth line and
inserting in lieu thereof "Territorial".
48. — (1) Sections 2, 4 and 5 of the Surrogate Courts Act,
being chapter 491 of the Revised Statutes of Ontario, 1980, are
repealed. ,
(2) Sections 6 and 7 of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 215, are
repealed.
(3) Sections 8 and 9 of the said Act are repealed.
(4) Section 11 of the said Act, as amended by the Statutes of
Ontario, 1982, chapter 10, section 1, is repealed.
(5) Section 12 of the said Act, as amended by the Statutes of
Ontario, 1984, chapter 11, section 215, is repealed.
(6) Sections 14 and 15 of the said Act are repealed.
(7) Section 17 of the said Act is repealed and the following
substituted therefor:
for^e'Sis ^^' ^^ ^^^^^ ^^ ^^^ ^^^^^ registrar of the Ontario Court
of living ' ^ (General Division) is a depository for all wills of living per-
persons sqhs givcH thcrc for Safekeeping, and the local registrar shall
receive and keep those wills under such regulations as are pre-
scribed by the rules of court.
1989 COURT REFORM STATUTE LAW Bill 3 19
(8) Section 18 of the said Act is amended by striking out
"regulations as are prescribed by the surrogate court rules" in
the fourth and flfth lines and inserting in lieu thereof "condi-
tions as are prescribed by the rules of court".
(9) Sections 21, 22 and 23 of the said Act are repealed.
(10) Section 26 of the said Act is repealed and the following
substituted therefor:
26. — (1) An application for a grant of probate or letters of Gram of
administration shall be made to the Ontario Court (General JdmiS-"'^
Division) and shall be filed in the office for the county or dis- tration,
trict in which the testator or intestate had at the time of death J""''*'^^'°"
a fixed place of abode.
(2) If the testator or intestate had no fixed place of abode where
in Ontario or resided out of Ontario at the time of death, the n?abode in
application shall be filed in the office for the county or district Ontario
in which the testator or intestate had property at the time of
death.
(3) In other cases the application for probate or letters of when
administration may be filed in any office. may Te 'filed
in any office
(11) Sections 27, 28 and 29 of the said Act are repealed.
(12) Subsection 30 (1) of the said Act is repealed and the
following substituted therefor:
(1) The court may cause any question of fact arising in any Trial of
proceeding to be tried by a jury. fa"cf by"a °
jury
(13) Section 32 of the said Act is repealed.
(14) Subsection 33 (1) of the said Act is repealed and the
following substituted therefor:
(1) Any party or person taking part in a proceeding under Right of
this Act may appeal to the Divisional Court from an order, ^^^^
determination or judgment of the Ontario Court (General
Division) if the value of the property affected by such order,
determination or judgment exceeds $200.
(15) Subsections 33 (4), (5) and (6) of the said Act are
repealed.
(16) Section 34 of the said Act is repealed.
20
Bill 3
COURT REFORM STATUTE LAW
1989
Where
application
filed in more
than one
office
(17) Section 44 of the said Act is amended by striking out
"surrogate court" in the sixth line and inserting in lieu thereof
"office of the Ontario Court (General Division)".
(18) Section 45 of the said Act is repealed and the following
substituted therefor:
45. If it appears by the certificate of the Estate Registrar
for Ontario that application for probate or administration has
been filed in two or more court offices, the proceedings shall
be stayed until, on motion, a judge of the Ontario Court
(General Division) determines where the application will
proceed.
(19) Section 60 of the said Act is amended by striking out
"judge of the court for the time being, or in case of the separa-
tion of counties, to enure for the benefit of any judge of a sur-
rogate court to be named by the Supreme Court for that pur-
pose" in the fifth, sixth, seventh and eighth lines and inserting
in lieu thereof "Accountant of the Ontario Court".
Powers of
judge on
passing
accounts
(20) Subsection 74 (1) of the said Act is repealed.
(21) Subsection 74 (3) of the said Act is repealed and the
following substituted therefor:
(3) The judge, on passing the accounts of an executor,
administrator or trustee under a will of which the trustee is an
executor, has jurisdiction to enter into and make full inquiry
and accounting of and concerning the whole property that the
deceased was possessed of or entitled to, and its administra-
tion and disbursement.
(22) Subsection 74 (6) of the said Act is repealed.
(23) Section 78 of the said Act is repealed.
(24) Section 80 of the said Act, as re-enacted by the Statutes
of Ontario, 1984, chapter 11, section 215, is repealed.
(25) The title to the Surrogate Courts Act is repealed and the
following substituted therefor:
ESTATES ACT
49. — (1) Section 1 of the Territorial Division Act, being
chapter 497 of the Revised Statutes of Ontario, 1980, as
amended by the Statutes of Ontario, 1982, chapter 57, section
4, is further amended by striking out "5, 5a, 6, 7 and 8 for
municipal and judicial purposes such counties, and for judicial
1989 COURT REFORM STATUTE LAW Bill 3 21
purposes such districts and metropolitan and regional areas,
are respectively" in the third, fourth, fifth and sixth lines and
inserting in lieu thereof ''and 5, for municipal purposes such
counties are".
(2) Paragraph 2 of section 1 of the said Act is amended by
striking out the following sentences at the end thereof:
"The Indian Reserve at Cape Croker shall, for judicial pur-
poses, be deemed part of the Township of Albemarle.
''The Indian Reserve at Chiefs Point and the Saugeen
Indian Reserve north of the mouth of the Saugeen River shall,
for judicial purposes, be deemed part of the Township of Ama-
bel".
(3) Paragraph 42 of the said section 1 is amended by striking
out "The Territorial District of Algoma forms the Provisional
Judicial District of Algoma" in the seventh and eighth lines
from the end thereof.
(4) Paragraph 43 of the said section 1 is amended by striking
out "The Territorial District of Cochrane forms the Provi-
sional Judicial District of Cochrane" at the end thereof.
(5) Paragraph 44 of the said section 1 is amended by striking
out "The Territorial District of Kenora forms the Provisional
Judicial District of Kenora" at the end thereof.
(6) Paragraph 45 of the said section 1 is amended by striking
out "The Territorial District of Manitoulin forms the Provi-
sional Judicial District of Manitoulin" at the end thereof.
(7) Paragraph 46 of the said section 1 is amended by striking
out "The District Municipality of Muskoka forms the Provi-
sional Judicial District of Muskoka" at the end thereof.
(8) Paragraph 47 of the said section 1 is amended by striking
out "The Territorial District of Nipissing forms the Provisional
Judicial District of Nipissing" at the end thereof.
(9) Paragraph 48 of the said section 1 is amended by striking
out "The Territorial District of Parry Sound forms the Provi-
sional Judicial District of Parry Sound" at the end thereof.
(10) Paragraph 49 of the said section 1 is amended by strik-
ing out "The Territorial District of Rainy River forms the Pro-
visional Judicial District of Rainy River" at the end thereof.
22 Bill 3 COURT REFORM STATUTE LAW 1989
(11) Paragraph 50 of the said section 1, as amended by the
Statutes of Ontario, 1986, chapter 52, section 1, is further
amended by striking out "The Territorial District of Sudbury
forms the Provisional Judicial District of Sudbury" at the end
thereof.
(12) Paragraph 51 of the said section 1 is amended by strik-
ing out "The Territorial District of Thunder Bay forms the
Provisional Judicial District of Thunder Bay" at the end there-
of.
(13) Paragraph 52 of the said section 1 is amended by strik-
ing out "The Territorial District of Timiskaming forms the
Provisional Judicial District of Timiskaming" at the end there-
of.
(14) Subsection 4 (1) of the said Act is amended by striking
out "judicial" in the Hrst line.
(15) Subsection 4 (2) of the said Act is amended by striking
out "courts" in the fourth line.
(16) Section 5 of the said Act is repealed and the following
substituted therefor:
Swn« ^"'^ ^' ^^^ municipal purposes, cities, towns and other munici-
palities withdrawn from the jurisdiction of a county do not
form part of the counties in which they are respectively
situate.
(17) Section 5a of the said Act, as enacted by the Statutes of
Ontario, 1982, chapter 57, section 4, is repealed.
(18) Sections 6, 7 and 8 of the said Act are repealed.
(19) Clause 15 (b) of the said Act is amended by striking out
"or provisional judicial district" in the first and second lines.
50. Subsection 13 (2) of the Tobacco Tax Act, being chapter
502 of the Revised Statutes of Ontario, 1980, is amended by
striking out "Registrar of the Supreme Court or with the local
registrar of the Supreme Court" in the fourth and fifth lines
and inserting in lieu thereof "local registrar of the Ontario
Court (General Division)".
51. Subsection 27 (1) of the Vital Statistics Act, being chap-
ter 524 of the Revised Statutes of Ontario, 1980, is amended by
striking out "The Registrar of the Supreme Court and every
local registrar of the Supreme Court" in the first and second
towns
1989 COURT REFORM STATUTE LAW Bill 3 23
lines and inserting in lieu thereof "Every local registrar of the
Ontario Court (General Division)".
52.— (1) Subsection 10 (1) of the Woodmen's Lien for Wages
Act, being chapter 537 of the Revised Statutes of Ontario,
1980, is amended by striking out "$1,000" in the third line
and in the sixth line and inserting in lieu thereof in each
instance "the monetary jurisdiction of the Small Claims
Court".
(2) Section 16 of the said Act is amended by striking out
"$1,000" in the first line and inserting in lieu thereof "the
monetary jurisdiction of the Small Claims Court".
(3) Subsection 17 (1) of the said Act is amended by striking
out "$1,000" in the first line and inserting in lieu thereof "the
monetary jurisdiction of the Small Claims Court".
53. Section 116 of the Workers' Compensation Act, being
chapter 539 of the Revised Statutes of Ontario, 1980, is
amended by striking out "$1,000" in the ninth line and insert-
ing in lieu thereof "the monetary jurisdiction of the Small
Claims Court".
54. This Act comes into force on a day to be named by Commence-
proclamation of the Lieutenant Governor. ™*"'
55. The short title of this Act is the Court Reform Statute Short title
Law Amendment Act, 1989.
i
Bill 3 Government Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bills
An Act to amend certain Statutes of Ontario
Consequent upon Amendments to the
Courts of Justice Act, 1984
The Hon. I. Scott
Attorney General
1st Reading May 1st, 1989
2nd Reading June 14th, 1989
3rd Reading
Royal Assent
(Reprinted as amended by the Committee of the Whole House)
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTE
The Bill repeals the Sheriffs Act and makes amendments to 52 other statutes. The
amendments are required as a result of the amendments set out in the Courts of Justici
Amendment Act, 1989 changing the structure and administration of the courts.
Bill 3 1989
An Act to amend certain Statutes of Ontario
Consequent upon Amendments to the
Courts of Justice Act, 1984
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. — (1) Subsection 23 (8) of the Cemeteries Act, being chap-
ter 59 of the Revised Statutes of Ontario, 1980, is amended by
striking out **$200 or less" in the third line and inserting in
lieu thereof '* within the monetary jurisdiction of the Small
Claims Court".
(2) Subsection 29 (3) of the said Act is amended by striking
out '^the judge of the surrogate court of the Judicial District of
York" in the fourth and fifth lines and inserting in lieu thereof
"a judge of the Ontario Court (General Division) sitting in The
Municipality of Metropolitan Toronto".
2. Subsection 63 (1) of the Child and Family Services Act,
1984, being chapter 55, is repealed and the following substi-
tuted therefor:
(1) The Minister may appoint a judge of the Ontario Court ^"^tfHff '°"
of Justice or the Unified Family Court to investigate a matter
relating to a child in a society's care or the proper administra-
tion of this Part, and a judge who is appointed shall conduct
the investigation and make a written report to the Minister.
3. — (1) Section 3 of the Children's Law Reform Act, being
chapter 68 of the Revised Statutes of Ontario, 1980, is
amended by striking out "the Judicial District" in the second
and third lines and inserting in lieu thereof "The Regional
Municipality".
(2) Section 73 of the said Act, as enacted by the Statutes of
Ontario, 1982, chapter 20, section 1, is repealed and the
following substituted therefor:
by judge
Bill 3
COURT REFORM STATUTE LAW
1989
73. — (1) An application to vary an order made by a surro-
Order made
r"sx). 1980, gate court under the Minors Act shall be made to the Ontario
c. 292 Court (General Division).
Idem
1984, c.
(2) Section 160 of the Courts of Justice Act, 1984 does not
apply to subsection (1) to deem the reference to a surrogate
court to be a reference to the Ontario Court (General
Division).
4. — (1) Section 51 of the Construction Lien Act, 1983, being
chapter 6, as amended by the Statutes of Ontario, 1984, chap-
ter 11, section 165, is repealed.
(2) Section 52 of the said Act, as amended by the Statutes oi
Ontario, 1984, chapter 11, section 165, is repealed.
(3) Section 53 of the said Act, as amended by the Statutes o
Ontario, 1984, chapter 11, section 165, is repealed and th<
following substituted therefor:
Court to 53, xhe court, whether the action is being tried by a judg(
completely of or by a master on a reference,
action
(a) shall try the action, including any set-off, cross
claim, counterclaim and, subject to section 58, thin
party claim, and all questions that arise therein o;
that are necessary to be tried in order to disposi
completely of the action and to adjust the rights am
liabilities of the persons appearing before it or upo:
whom notice of trial has been served; and
(b) shall take all accounts, make all inquiries, give at
directions and do all things necessary to dispose
finally of the action and all matters, questions and
accounts arising therein or at the trial and to adjust
the rights and liabilities of, and give all necessary
relief to, all parties to the action.
(4) Section 54 of the said Act, as amended by the Statutes of
Ontario, 1984, chapter 11, section 165, is repealed and the
following substituted therefor:
Where 54, \ judge or master does not acquire exclusive jurisdic-
exclusive J c 1 "^
jurisdiction tion ovcr the trial of an action or reference by reason only of
not acquired appointing the time and place for the trial of the action or ref-
erence, or for holding a settlement meeting. I
i
(5) Subsection 60 (1) of the said Act, as amended by thej
Statutes of Ontario, 1984, chapter 11, section 165, is repealedj
and the following substituted therefor: I
1989
COURT REFORM STATUTE LAW
Bills
(1) On motion made after the delivery of all statements of Reference to
defence, or the statements of defence to all crossclaims, "^^^^^
counterclaims or third party claims, if any, or the time for
their delivery has expired, a judge may refer the whole action
for trial to a master assigned to the county or district in which
the premises or part of the premises are situate.
(la) A master shall not hear or dispose of a motion made ^^^"^
under subsection (1).
(6) Subsection 60 (2) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed
and the following substituted therefor:
(2) At the trial, a judge may direct a reference to a master ^^^em
assigned to the county or district in which the premises or part
of the premises are situate.
(2a) A master to whom a reference has been directed has
all the jurisdiction, powers and authority of the court to try
and completely dispose of the action and all matters and ques-
tions arising in connection with the action, including the giving
of leave to amend any pleading and the giving of directions to
a receiver or trustee appointed by the court.
Powers of
master on
reference
(7) Subsection 60 (3) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed
and the following substituted therefor:
(3) Where under subsection (1) the action has been Application
referred to a master for trial, any person who subsequently o°ckr of' ^
becomes a party to the action may, within seven days after reference
becoming a party to the action, make a motion to a judge of
the court that directed the reference to set aside the judgment
directing the reference.
(8) Clause 64 (1) (b) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed
and the following substituted therefor:
(b) in a report in the prescribed form, where the trial is
conducted by a master on a reference.
(9) Subsection 64 (3) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed
and the following substituted therefor:
(3) The report of a master shall be deemed to be confirmed ^^en report
at the expiration of the fifteen-day period next following the confirmed
date that the notice of filing was given, unless notice of a
Bill 3 COURT REFORM STATUTE LAW 1989
motion to oppose confirmation of the report is served within
that time.
5. — (1) Subsection 48 (3) of the Conveyancing and Law of
Property Act, being chapter 90 of the Revised Statutes of
Ontario, 1980, as amended by the Statutes of Ontario, 1986,
chapter 64, section 6, is further amended by striking out "the
office of the Registrar of the Supreme Court at Osgoode Hall"
in the fifth and sixth lines and inserting in lieu thereof "an
office of the Ontario Court (General Division)".
(2) Section 49 of the said Act, as amended by the Statutes of
Ontario, 1986, chapter 64, section 6, is further amended by
striking out "the office of the Registrar of the Supreme Court
at Osgoode Hall" in the thirteenth and fourteenth lines and
inserting in lieu thereof "an office of the Ontario Court (Gen-
eral Division)".
6. Subsection 6 (1) of the Coroners Act, being chapter 93 of
the Revised Statutes of Ontario, 1980, is amended by striking
out "the Chief Judge of the County and District Courts" in the
second line and inserting in lieu thereof "a judge of the
Ontario Court (General Division) designated by the Chief
.Justice of the Ontario Court".
7. — (1) Subsection 78 (2) of the Corporations Tax Act, being'
chapter 97 of the Revised Statutes of Ontario, 1980, is
amended by striking out "Registrar of the Supreme Court or
the local registrar of the Supreme Court" in the fourth and
fifth lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division)". a
(2) Subsection 80 (1) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the Supreme Court" in the second and third lines and inserting
in lieu thereof "local registrar of the Ontario Court (General
Division)".
8. — (1) Clause 3 (2) (a) of the County of Haliburton Act,
1982, being chapter 57, is repealed.
(2) Subsection 4 (4) of the said Act is repealed.
9. — (1) Section 3 of the Creditors' Relief Act, being chapter
103 of the Revised Statutes of Ontario, 1980, as re-enacted by
the Statutes of Ontario, 1985, chapter 1, section 1, is amended
by adding thereto the following subsection:
1989 COURT REFORM STATUTE LAW Bill 3 5
(2) Subsection (1) does not affect the priority of a creditor Exception
by execution or garnishment issued by the Small Claims
Court.
(2) Subsection 22 (2) of the said Act is repealed and the
following substituted therefor:
(2) Such costs shall be ascertained in accordance with the Scaie of costs
tariffs of costs under the rules of court applicable to,
(a) the Small Claims Court, if the claim is within the
monetary jurisdiction of that court; or
(b) the Ontario Court (General Division), in any other
case.
10. — (1) Subsection 3 (1) of the Crown Attorneys Act, being
chapter 107 of the Revised Statutes of Ontario, 1980, is
amended by striking out ''the Judicial District of York" in the
third and fourth lines and in the sixth line and inserting in lieu
thereof in each instance "The Municipality of Metropolitan
Toronto".
(2) Subsection 3 (2) of the said Act is amended by striking
out "the Judicial District of York" wherever it occurs and
inserting in lieu thereof in each instance "The Municipality of
Metropolitan Toronto".
(3) Subclause 12 (b) (ii) of the said Act, as re-enacted by the
Statutes of Ontario, 1984, chapter 11, section 170, is repealed.
11. — (1) Subsection 4 (3) of the District Municipality of Mus-
koka Act, being chapter 121 of the Revised Statutes of Ontario,
1980, is repealed.
(2) Subsection 112 (1) of the said Act is amended by striking
out "district court within the District Area or a judge of the
county court or district court of a county or district adjoining
the District Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
12. — (1) Section 69 of the Election Act, 1984, being chapter
54, is repealed and the following substituted therefor:
69. In this section and in sections 70 to 80, unless other- Definition
wise stated, "judge" means a judge of the Ontario Court
(Provincial Division).
(2) Subsection 70 (2) of the said Act is amended by striking
out "the clerk of the county or district court" in the third line
6 Bill 3 COURT REFORM STATUTE LAW 1989
and inserting in lieu thereof "a clerk of the Ontario Court
(Provincial Division) of the county or district in which the
electoral district or any part of it is situate".
(3) Subsection 72 (2) of the said Act is amended by striking
out *'of the county or district court" in the first and second
lines.
(4) Section 78 of the said Act is amended by striking out
* 'court of the county or judicial district" in the fourth and fifth
lines and inserting in lieu thereof "Ontario Court (Provincial
Division)".
(5) Subsection 79 (3) of the said Act is amended by striking
out "Registrar of the Supreme Court" in the fifth and sixth
lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division) of the county or district in
which the electoral district or any part of it is situate" and by
striking out "Registrar" in the eighth line and inserting in lieu
thereof "local registrar".
(6) Subsections 79 (4) and (5) of the said Act are amended
by striking out "Registrar" wherever it occurs and inserting in
lieu thereof in each instance "local registrar".
(7) Subsection 85 (5) of the said Act is amended by striking "
out "Registrar of the Supreme Court" in the second and third
lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division) of the county or district in
which the electoral district or any part of it is situate" and by
striking out "Registrar" in the fourth line and inserting in lieu
thereof "local registrar".
(8) Subsections 98 (5) and (6) of the said Act are repealed
and the following substituted therefor:
Local (5) When an action is commenced by a person other than
Sffy^'^ ^^ the Chief Election Officer, the local registrar of the Ontario
CEO. Court (General Division) shall notify the Chief Election
Officer by registered mail.
(9) Subsection 103 (3) of the said Act is amended by striking
out "Registrar of the Supreme Court" in the second line and
inserting in lieu thereof "local registrar of the Ontario Court
(General Division)".
(10) Subsection 105 (1) of the said Act is amended by strik-
ing out "Registrar of the Supreme Court" in the sixth and sev-
enth lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division)".
1989 COURT REFORM STATUTE LAW Bill 3 7
(11) Subsection 106 (7) of the said Act is amended by strik-
ing out "Registrar of tlie Supreme Court" in the first line and
inserting in lieu thereof "local registrar of the Ontario Court
(General Division)".
(12) Subsection 107 (2) of the said Act is amended by strik-
ing out "Registrar" in the second line and inserting in lieu
thereof "local registrar".
(13) Subsection 109 (2) of the said Act is repealed and the
following substituted therefor:
(2) The appeal shall be heard as speedily as practicable. f p^h^' ^° ^^
13. Section 49 of the Evidence Act, being chapter 145 of the
Revised Statutes of Ontario, 1980, is amended by striking out
"surrogate court granting the same, or under the seal of the
Supreme Court, where the probate or letters of administration
were granted by the former court of probate for Upper Cana-
da" in the flfth, sixth, seventh and eighth lines and inserting in
lieu thereof "court that granted it or under the seal of the
Ontario Court (General Division)".
14. Subsections 24 (2) and (3) of the Fraudulent Debtors
Arrest Act, being chapter 177 of the Revised Statutes of Ontar-
io, 1980, are repealed.
15.— (1) Subsection 14 (6) of the Fuel Tax Act, 1981, being
chapter 59, is amended by striking out "Registrar of the
Supreme Court or the local registrar of the Supreme Court" in
the third and fourth lines and inserting in lieu thereof "local
registrar of the Ontario Court (General Division)".
(2) Subsection 14 (10) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the Supreme Court" in the second and third lines and inserting
in lieu thereof "local registrar of the Ontario Court (General
Division)".
16. Subsection 14 (2) of the Gasoline Tax Act, being chapter
186 of the Revised Statutes of Ontario, 1980, is amended by
striking out "Registrar of the Supreme Court or with the local
registrar of the Supreme Court" in the fourth and fifth lines
and inserting in lieu thereof "local registrar of the Ontario
Court (General Division)".
17. — (1) Clause 20 (3) (a) of the Income Tax Act, being
chapter 213 of the Revised Statutes of Ontario, 1980, is
amended by striking out "Registrar of the Supreme Court or
the local registrar of the court" in the fifth, sixth and seventh
heard
speedily
Bill 3 COURT REFORM STATUTE LAW 1989
lines and inserting in lieu thereof ''local registrar of the
Ontario Court (General Division)".
(2) Subsection 21 (3) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the court" in the fourth and fifth lines and inserting in lieu
thereof "local registrar of the Ontario Court (General Divi-
sion)".
(3) Subsection 21 (6) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the court, as the case may be" in the first, second and third
lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division)".
18. Subsection 19 (2) of the Industrial Standards Act, being
chapter 216 of the Revised Statutes of Ontario, 1980, is
amended by striking out "$1,000" in the fifth line and insert-
ing in lieu thereof "the monetary jurisdiction of the Small
Claims Court".
19. Section 61 of the Insurance Act, being chapter 218 of
the Revised Statutes of Ontario, 1980, is amended by striking
out "the Master of the Supreme Court" in the fourth line and
inserting in lieu thereof "a referee in a proceeding in the^
Ontario Court (General Division)".
20. — (1) Clause 27 (i) of the Interpretation Act, being chap-
ter 219 of the Revised Statutes of Ontario, 1980, is repealed
and the following substituted therefor:
(i) where the time limited for a proceeding or for the
doing of any thing in a court office, a land registry
office or a sheriffs office expires or falls on a day
that is prescribed as a holiday for that office, the
time so limited extends to and the thing may be
done on the day next following that is not a holiday.
(2) Paragraphs 9 and 35 of section 30 of the said Act are
repealed.
21. — (1) Subsection 5 (3) of the Juries Act, being chapter
226 of the Revised Statutes of Ontario, 1980, is amended by
adding "and" at the end of clause (a) and by striking out
clauses (b) and (c) and inserting in lieu thereof:
(b) to the local registrar of the Ontario Court (General
Division), a copy of the determination for the num-
ber of jurors under clause (1) (a).
1989 COURT REFORM STATUTE LAW Bill 3 [
(2) Subsection 12 (1) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 189, is repealed
and the following substituted therefor:
(1) A judge of the Ontario Court (General Division) may issuance of
issue precepts in the form prescribed by the regulations to the p'^^'^^p^^
sheriff for the return of such number of jurors as the sheriff
has determined as the number to be drafted and returned or
such greater or lesser number as in his or her opinion is
required.
(3) Subsection 12 (la) of the said Act, as enacted by the
Statutes of Ontario, 1984, chapter 11, section 189, is repealed.
(4) Subsection 12 (2) of the said Act is repealed.
(5) Subsection 39 (2) of the said Act is amended by striking
out "Registrar or the local registrar of the Supreme Court, as
the case may be" in the third and fourth lines and inserting in
lieu thereof "local registrar of the Ontario Court (General
Division)".
22. — (1) Clauses 9 (1) (a), (b) and (c) of the Justices of the
Peace Act, 1989, being chapter 46, are repealed and the follow-
ing substituted therefor:
(a) the Chief Judge of the Ontario Court (Provincial
Division) who shall preside over the Review
Council;
(b) the Co-ordinator;
(c) the regional senior judge of the Ontario Court
(Provincial Division) in the region in which the
matter being considered by the Council arises.
a) le juge en chef de la Cour de I'Ontario (Division
provinciale), qui preside le Conseil;
b) le coordonnateur;
c) le juge principal regional de la Cour de I'Ontario
(Division provinciale) de la region ou se presente
I'affaire dont traite le Conseil.
(2) Subsection 14 (1) of the said Act is repealed and the
following substituted therefor:
10
Bill 3
COURT REFORM STATUTE LAW
1989
Co-ordinator (J) fhc Co-ordinator has general supervision and direction
jSsSes!^'^^ over sittings of justices of the peace and the assignment of
assign duties their duties, subject to the direction of the Chief Judge of the
Ontario Court (Provincial Division).
Surveillance, (1) Lc coordonnatcur est charge de 1' administration et de la
coordon^- ^ surveiUaucc des sessions des juges de paix et de I'assignation
nateur (je Icurs fonctions, sous reserve de la direction du juge en chef
de la Cour de 1' Ontario (Division provinciale).
(3) Subsection 14 (6) of the said Act is amended by striking
out "a" in the fourth line of the English version and inserting
in lieu thereof "the" and by striking out "d'un" in the fifth
line of the French version and inserting in lieu thereof ''du".
23. Subsection 12 (2) of the Land Transfer Tax Act, being
chapter 231 of the Revised Statutes of Ontario, 1980, is
amended by striking out "Registrar of the Supreme Court or
with the Local Registrar of the Supreme Court" in the fourth
and flfth lines and inserting in lieu thereof "local registrar of
the Ontario Court (General Division)". *
24. — (1) Sections 69 and 70 of the Landlord and Tenant Act,\
being chapter 232 of the Revised Statutes of Ontario, 1980, are
repealed.
(2) Section 74 of the said Act is repealed and the following
substituted therefor:
Scale of costs 74^ jj^g ^Q^ts Qf j^g proceeding before the judge shall be
on the Small Claims Court scale if the amount claimed by the
landlord does not exceed the monetary jurisdiction of the
Small Claims Court.
25. Section 49 of the Law Society Act, being chapter 233 of
the Revised Statutes of Ontario, 1980, is amended by striking
out "Registrar of the Supreme Court" in the fourth line and
inserting in lieu thereof "local registrar of the Ontario Court
(General Division) at Toronto".
26. — (1) Subsection 17 (3) of the Legislative Assembly Act,
being chapter 235 of the Revised Statutes of Ontario, 1980, is
repealed and the following substituted therefor:
(3) The Clerk of the Assembly shall, on receiving a dis-
Transmission
discSe^r claimcr, forthwith send a copy of it to the local registrar of the
Ontario Court (General Division) for the county or district in
1989 COURT REFORM STATUTE LAW Bill 3 11
which is situate the electoral district or any part of the elec-
toral district for which the member so disclaiming was elected.
(2) Subsection 47 (2) of the said Act is amended by striking
out "the Judicial District of York" in the second and third
lines and inserting in lieu thereof "The Municipality of Metro-
politan Toronto".
27. Subsection 13 (4) of the Libel and Slander Act, being
chapter 237 of the Revised Statutes of Ontario, 1980, is
repealed and the following substituted therefor:
(4) An order made under this section is final and is not Order of
subject to appeal. respecting
security final
28. — (1) Subsection 10 (1) of the Master and Servant Act,
being chapter 257 of the Revised Statutes of Ontario, 1980, is
amended by striking out "small claims court of the division in
which the cause of action arose or in which the party or parties
complained against, or one of them, resided at the time of the
making of the complaint, or to the small claims court held in
the division in which the party or parties complained against or
one of them carried on business" in the fourth, fifth, sixth,
seventh, eighth and ninth lines and inserting in lieu thereof
"Ontario Court (General Division)".
(2) Section 11 of the said Act is repealed.
29. Subsection 102 (1) of the Municipal Act, being chapter
302 of the Revised Statutes of Ontario, 1980, is amended by
striking out "county or district court of the county or district
in which the municipality is situate, or a judge of the county or
district court of a county or district adjoining the county or
district in which the municipality is situate" in the second,
third, fourth, fifth and sixth lines and inserting in lieu thereof
"Ontario Court (General Division)".
30. — (1) Subsection 87 (1) of the Municipal Elections Act,
being chapter 308 of the Revised Statutes of Ontario, 1980, as
re-enacted by the Statutes of Ontario, 1988, chapter 33, section
9, is amended by striking out "District Court of in the ninth
line and inserting in lieu thereof "Ontario Court (Provincial
Division) sitting in".
(2) Subsection 87 (4) of the said Act, as enacted by the
Statutes of Ontario, 1988, chapter 33, section 9, is amended by
striking out "the local registrar of the District Court" in the
third line and inserting in lieu thereof "a clerk of the Ontario
Court (Provincial Division) of the county or district in which
the electoral district or any part of it is situate".
12
Bill 3
COURT REFORM STATUTE LAW
1989
Appeal from
decision of
provincial
judge or
recount
officer
(3) Subsection 88c (1) of the said Act, as enacted by the
Statutes of Ontario, 1988, chapter 33, section 9, is amended by
striking out "District Court" in the fourth line and inserting inj
lieu thereof "Ontario Court (Provincial Division)".
(4) Subsection 88c (2) of the said Act, as enacted by th^
Statutes of Ontario, 1988, chapter 33, section 9, is amended bj
striking out "District Court" in the fourth line and inserting ii
lieu thereof "Ontario Court (Provincial Division)".
(5) Section 88j of the said Act, as enacted by the Statutes o
Ontario, 1988, chapter 33, section 9, is repealed and th«
following substituted therefor:
88j. — (1) Any party may appeal to the Ontario Cour
(General Division) from the decision of the provincial judg(
on the application or of the recount officer on the recount, a;
the case may be, by giving written notice not more than fiv(
days following the completion of the hearing or the recount t(
the other parties concerned and to the provincial judge or th(
recount officer and the notice may limit the appeal to speci
fied disputed ballots.
(2) The notice shall be served upon the other parties per
sonally or upon the solicitor who acted for the party or in th(
manner that a judge of the Ontario Court (General Division
may direct.
(3) The provincial judge or recount officer shall forward t(
the local registrar of the Ontario Court (General Division) b;
registered mail,
(a) the notice of appeal;
(b) a certificate showing the findings of the provincial
judge or recount officer on the ballots or statements
in dispute;
(c) if the appeal is limited to specified disputed ballots,
the ballots or statements of the vote that are the
subject of the appeal in the envelopes described in
subsection 88c (7) and section 88d; and
(d) if the appeal is not limited, all of the ballots in the
envelopes referred to in clause 88c (8) (b) or 88e (1)
(b). f
Certificate to (4) xhc provincial judgc or recount officer shall await the
afte^ap^ai rcsult of the appeal before prepa ing the certificate under sub-
section 88c (8) or 88e (2).
Service of
notice
Documents
to be
forwarded
1989 COURT REFORM STATUTE LAW Bill 3 13
(5) The provincial judge or recount officer shall, upon Copy of
request, allow each party to make a copy of the order or certi-
ficate, as the case may be, before it is forwarded to the local
registrar.
(6) On receipt of the ballots, notice and statement, the Appointment
local registrar shall immediately fix a time for hearing the °^ ^^""^
appeal and shall notify the parties or their solicitors of the
time so fixed.
(7) One judge of the Ontario Court (General Division) ^^^^™l'
shall determine the objection pertaining to, or count again, S)i°"a/
the ballots or such of them as are the subject of appeal, or Division
review the re-addition, as the case may be, and shall immedi-
ately certify in writing the decision of the court to the provin-
cial judge or to the recount officer.
(8) The provincial judge or recount officer, in compliance Certificate to
with the decision of the Ontario Court (General Division), deds^n
shall certify the resuh without delay.
31. Subsection 252 (1) of the Municipality of Metropolitan
Toronto Act, being chapter 314 of the Revised Statutes of
Ontario, 1980, is amended by striking out "county court of the
Judicial District of York, or a judge of the county court of a
judicial district adjoining the Judicial District of York'' in the
second, third and fourth lines and inserting in lieu thereof
"Ontario Court (General Division)".
32. Subsection 121 (1) of the County of Oxford Act, being
chapter 365 of the Revised Statutes of Ontario, 1980, is
amended by striking out "county court within the County or a
judge of the county court of a county or judicial district adjoin-
ing the County" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
33. — (1) Subsection 11 (9) of the Provincial Land Tax Act,
being chapter 399 of the Revised Statutes of Ontario, 1980, as
re-enacted by the Statutes of Ontario, 1982, chapter 18, section
7, is amended by striking out "Registrar of the Supreme Court
of Ontario or the local registrar of the Supreme Court" in the
fourth, fifth and sixth Hues and inserting in lieu thereof "local
registrar of the Ontario Court (General Division)".
(2) Subsection 11 (11) of the said Act, as enacted by the
Statutes of Ontario, 1982, chapter 18, section 7, is amended by
striking out "Registrar of the Supreme Court or the local reg-
istrar of the Supreme Court" in the first and second lines and
inserting in lieu thereof "local registrar of the Ontario Court
(General Division)".
14
Bill 3
COURT REFORM STATUTE LAW
1989
34. — (1) Clause 1 (1) (j) of the Provincial Offences Act,
being chapter 400 of the Revised Statutes of Ontario, 1980, is
amended by striking out "court" in the first line and inserting
in lieu thereof "Chief Judge of the Ontario Court (Provincial
Division)".
(2) Subsection 31 (2) of the said Act is amended by striking
out "chief judge of the provincial offences courts" in the third
and fourth lines and inserting in lieu thereof "Chief Judge of
the Ontario Court (Provincial Division)".
(3) Subsection 31 (3) of the said Act is amended by striking
out "chief judge of the provincial offences courts" in the
fourth and fifth lines and inserting in lieu thereof "Chief Judge
of the Ontario Court (Provincial Division)".
(4) The said Act is amended by adding thereto the following
section:
Contempt 90a. — (1) Exccpt as otherwise provided by an Act, every
person who commits contempt in the face of a justice of the
peace presiding over the Ontario Court (Provincial Division)
in a proceeding under this Act is on conviction liable to a fine
of not more than $1,000 or to imprisonment for a term of not
more than thirty days, or to both.
Statement to
offender
(2) Before a proceeding is taken for contempt under sub-
section (1), the justice of the peace shall inform the offender
of the conduct complained of and the nature of the contempt
and inform him or her of the right to show cause why he or
she should not be punished.
Show cause
(3) A punishment for contempt in the face of the court
shall not be imposed without giving the offender an opportu-
nity to show cause why he or she should not be punished.
Adjournment
for adjudi-
cation
Adjudication
by judge
(4) Except where, in the opinion of the justice of the
peace, it is necessary to deal with the contempt immediately
for the preservation of order and control in the courtroom,
the justice of the peace shall adjourn the contempt proceeding
to another day.
(5) A contempt proceeding that is adjourned to another
day under subsection (4) shall be heard and determined by the
court presided over by a provincial judge.
Arrest for
immediate
adjudication
(6) Where the justice of the peace proceeds to deal with a
contempt immediately and without adjournment under sub-
section (4), the justice of the peace may order the offender
1989 COURT REFORM STATUTE LAW Bill 3 15
arrested and detained in the courtroom for the purpose of the
hearing and determination.
(7) Where the offender is appearing before the court as an Barring agent
agent who is not a barrister and solicitor entitled to practise in '" '^°" ^'"^^
Ontario, the court may order that he or she be barred from
acting as agent in the proceeding in addition to any other pun-
ishment to which he or she is liable.
(8) An order of punishment for contempt under this section Appeals
is appealable in the same manner as if it were a conviction in
a proceeding commenced by certificate under Part I of this
Act.
(9) This Act applies for the purpose of enforcing a punish- Enforcement
ment by way of a fine or imprisonment under this section.
(5) Section 91m of the said Act, as enacted by the Statutes of
Ontario, 1983, chapter 80, section 1, is amended by striking
out ''provincial court (criminal division)'' in the sixth line and
inserting in lieu thereof "Ontario Court (Provincial Division)
presided over by a provincial judge".
(6) Clause 99 (2) (a) of the said Act is amended by striking
out ''provincial court (criminal division) of" in the second and
third lines and inserting in lieu thereof "Ontario Court (Pro-
vincial Division) presided over by a provincial judge sitting
in".
(7) Subsection 118 (1) of the said Act is amended by striking
out "provincial court (criminal division) of" in the fifth line
and inserting in lieu thereof "Ontario Court (Provincial Divi-
sion) presided over by a provincial judge sitting in".
(8) Subsection 122 (1) of the said Act is repealed and the
following substituted therefor:
(1) An appeal lies from the judgment of the Ontario Court Appeal to
(Provincial Division) in an appeal under section 118 to the Appeal
Ck)urt of Appeal, with leave of a justice of appeal, on special
grounds, upon any question of law alone.
(9) Section 123 of the said Act is repealed.
(10) Subsection 142 (1) of the said Act is amended by strik-
ing out "in the county or district in which the provincial
offences court having jurisdiction in respect of the offence is
situated" in the thirteenth, fourteenth and fifteenth lines.
16 Bill 3 COURT REFORM STATUTE LAW 1989
35. — (1) Subsections 5 (3) and (4) of the Regional Munici-
pality of Durham Act, being chapter 434 of the Revised Statutes
of Ontario, 1980, are repealed.
(2) Subsection 133 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
36. — (1) Subsections 5 (3), (4) and (6) of the Regional
Municipality of Haldimand-Norfolk Act, being chapter 435 of
the Revised Statutes of Ontario, 1980, are repealed.
(2) Subsection 116 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
37. — (1) Subsections 5 (3) and (5) of the Regional Munici-
pality of Halton Act, being chapter 436 of the Revised Statutes
of Ontario, 1980, are repealed.
(2) Subsection 126 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
38. — (1) Subsections 4 (3) and (5) of the Regional Munici-
pality of Hamilton-Wentworth Act, being chapter 437 of the
Revised Statutes of Ontario, 1980, are repealed.
(2) Subsection 138 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
39. — (1) Subsections 4 (3) and (4) of the Regional Munici-
pality of Niagara Act, being chapter 438 of the Revised Statutes
of Ontario, 1980, are repealed.
(2) Subsection 165 (1) of the said Act is amended by striking
out "either of the county courts within the Regional Area or a
judge of the county court of a county adjoining the Regional
Area" in the second, third and fourth lines and inserting in
lieu thereof "the Ontario Court (General Division)".
1989 COURT REFORM STATUTE LAW Bill 3 17
40. — (1) Subsection 2 (3) of the Regional Municipality of
Ottawa-Carleton Act, being chapter 439 of the Revised Statutes
of Ontario, 1980, is repealed.
(2) Subsection 168 (1) of the said Act is amended by strilcing
out "county court of the Regional Area or a judge of the
county court of a county adjoining the Regional Area" in the
second, third and fourth lines and inserting in lieu thereof
"Ontario Court (General Division)".
41. — (1) Subsections 5 (3) and (5) of the Regional Munici-
pality of Peel Act, being chapter 440 of the Revised Statutes of
Ontario, 1980, are repealed.
(2) Subsection 121 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
42. — (1) Subsection 4 (3) of the Regional Municipality of
Sudbury Act, being chapter 441 of the Revised Statutes of
Ontario, 1980, is repealed.
(2) Subsection 108 (1) of the said Act is amended by striking
out "district court within the Regional Area or a judge of the
district court of a district adjoining the Regional Area" in the
second, third and fourth lines and inserting in lieu thereof
"Ontario Court (General Division)".
43. — (1) Subsections 4 (3) and (5) of the Regional Munici-
pality of Waterloo Act, being chapter 442 of the Revised Stat-
utes of Ontario, 1980, are repealed.
(2) Subsection 156 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county adjoining the Regional Area" in the
second, third and fourth lines and inserting in lieu thereof
"Ontario Court (General Division)".
44. — (1) Subsection 4 (3) of the Regional Municipality of
York Act, being chapter 443 of the Revised Statutes of Ontario,
1980, is repealed.
(2) Subsection 157 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
18 Bill 3 COURT REFORM STATUTE LAW 1989
45. — (1) Subsection 23 (2) of the Retail Sales Tax Act, being
chapter 454 of the Revised Statutes of Ontario, 1980, is
amended by striking out "Registrar of the Supreme Court or
the local registrar of the Supreme Court" in the fourth and
fifth lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division)".
(2) Subsection 25 (1) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the Supreme Court" in the second and third lines and inserting
in lieu thereof "local registrar of the Ontario Court (General
Division)".
46. The Sheriffs Act, being chapter 470 of the Revised Stat-
utes of Ontario, 1980, as amended by the Statutes of Ontario,
1984, chapter 11, section 212 and 1989, chapter 24, section 2,
is repealed.
47. Subsection 35 (1) of the Statute Labour Act, being chap-
ter 482 of the Revised Statutes of Ontario, 1980, is amended by
striking out "Provisional Judicial" in the fifteenth line and
inserting in lieu thereof "Territorial".
48. — (1) Sections 2, 4 and 5 of the Surrogate Courts Act,
being chapter 491 of the Revised Statutes of Ontario, 1980, are
repealed.
(2) Sections 6 and 7 of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 215, are
repealed.
(3) Sections 8 and 9 of the said Act are repealed.
(4) Section 11 of the said Act, as amended by the Statutes of
Ontario, 1982, chapter 10, section 1, is repealed.
(5) Section 12 of the said Act, as amended by the Statutes of
Ontario, 1984, chapter 11, section 215, is repealed.
(6) Sections 14 and 15 of the said Act are repealed.
(7) Section 17 of the said Act is repealed and the following
substituted therefor:
fo?Th?wnis ^^' ^^^ °^^^^^ ^^ ^^^ ^^^^' registrar of the Ontario Court
of living (General Division) is a depository for all wills of living per-
persons sons given there for safekeeping, and the local registrar shall
receive and keep those wills under such regulations as are pre-
scribed by the rules of court.
1989 COURT REFORM STATUTE LAW Bill 3 19
(8) Section 18 of the said Act is amended by striking out
"regulations as are prescribed by tlie surrogate court rules" in
the fourth and Hfth lines and inserting in lieu thereof "condi-
tions as are prescribed by the rules of court".
(9) Sections 21, 22 and 23 of the said Act are repealed.
(10) Section 26 of the said Act is repealed and the following
substituted therefor:
26. — (1) An application for a grant of probate or letters of Grant of
administration shall be made to the Ontario Court (General admiS-'^'^
Division) and shall be filed in the office for the county or dis- tration,
trict in which the testator or intestate had at the time of death J""''*''^^'°"
a fixed place of abode.
(2) If the testator or intestate had no fixed place of abode where
in Ontario or resided out of Ontario at the time of death, the n^abodl in'*
application shall be filed in the office for the county or district Ontario
in which the testator or intestate had property at the time of
death.
(3) In other cases the application for probate or letters of when
administration may be filed in any office. Say' t?e 'fifed
in any office
(11) Sections 27, 28 and 29 of the said Act are repealed.
(12) Subsection 30 (1) of the said Act is repealed and the
following substituted therefor:
(1) The court may cause any question of fact arising in any Trial of
proceeding to be tried by a jury. ?a"cfby"a
jury
(13) Section 32 of the said Act is repealed.
(14) Subsection 33 (1) of the said Act is repealed and the
following substituted therefor:
(1) Any party or person taking part in a proceeding under ^'g^i^ of
this Act may appeal to the Divisional Court from an order, ^^^^^
determination or judgment of the Ontario Court (General
Division) if the value of the property affected by such order,
determination or judgment exceeds $200.
(15) Subsections 33 (4), (5) and (6) of the said Act are
repealed.
(16) Section 34 of the said Act is repealed.
20
Bill 3
COURT REFORM STATUTE LAW
1989
Where
application
filed in more
than one
office
(17) Section 44 of the said Act is amended by striking out
'^surrogate court" in the sixth line and inserting in lieu thereof
"office of the Ontario Court (General Division)".
(18) Section 45 of the said Act is repealed and the following
substituted therefor:
45. If it appears by the certificate of the Estate Registrar
for Ontario that application for probate or administration has
been filed in two or more court offices, the proceedings shall
be stayed until, on motion, a judge of the Ontario Court
(General Division) determines where the application will
proceed.
(19) Section 60 of the said Act is amended by striking out
"judge of the court for the time being, or in case of the separa-
tion of counties, to enure for the benefit of any judge of a sur-
rogate court to be named by the Supreme Court for that pur-
pose" in the fifth, sixth, seventh and eighth lines and inserting
in lieu thereof "Accountant of the Ontario Court".
Powers of
judge on
passing
accounts
(20) Subsection 74 (1) of the said Act is repealed.
(21) Subsection 74 (3) of the said Act is repealed and the
following substituted therefor:
(3) The judge, on passing the accounts of an executor,
administrator or trustee under a will of which the trustee is an
executor, has jurisdiction to enter into and make full inquiry
and accounting of and concerning the whole property that the
deceased was possessed of or entitled to, and its administra-
tion and disbursement.
(22) Subsection 74 (6) of the said Act is repealed.
(23) Section 78 of the said Act is repealed.
(24) Section 80 of the said Act, as re-enacted by the Statutes
of Ontario, 1984, chapter 11, section 215, is repealed.
(25) The title to the Surrogate Courts Act is repealed and the
following substituted therefor:
ESTATES ACT ^
■i
49. — (1) Section 1 of the Territorial Division Act, being
chapter 497 of the Revised Statutes of Ontario, 1980, as
amended by the Statutes of Ontario, 1982, chapter 57, section
4, is further amended by striking out "5, 5a, 6, 7 and 8 for
municipal and judicial purposes such counties, and for judicial
1989 COURT REFORM STATUTE LAW Bill 3 21
purposes such districts and metropolitan and regional areas,
are respectively" in the third, fourth, fifth and sixth lines and
inserting in lieu thereof ''and 5, for municipal purposes such
counties are".
(2) Paragraph 2 of section 1 of the said Act is amended by
striking out the following sentences at the end thereof:
"The Indian Reserve at Cape Croker shall, for judicial pur-
poses, be deemed part of the Township of Albemarle.
"The Indian Reserve at Chiefs Point and the Saugeen
Indian Reserve north of the mouth of the Saugeen River shall,
for judicial purposes, be deemed part of the Township of Ama-
bel".
(3) Paragraph 42 of the said section 1 is amended by striking
out "The Territorial District of Algoma forms the Provisional
Judicial District of Algoma" in the seventh and eighth lines
from the end thereof.
(4) Paragraph 43 of the said section 1 is amended by striking
out "The Territorial District of Cochrane forms the Provi-
sional Judicial District of Cochrane" at the end thereof.
(5) Paragraph 44 of the said section 1 is amended by striking
out "The Territorial District of Kenora forms the Provisional
Judicial District of Kenora" at the end thereof.
(6) Paragraph 45 of the said section 1 is amended by striking
out "The Territorial District of Manitoulin forms the Provi-
sional Judicial District of Manitoulin" at the end thereof.
(7) Paragraph 46 of the said section 1 is amended by striking
out "The District Municipality of Muskoka forms the Provi-
sional Judicial District of Muskoka" at the end thereof.
(8) Paragraph 47 of the said section 1 is amended by striking
out "The Territorial District of Nipissing forms the Provisional
Judicial District of Nipissing" at the end thereof.
(9) Paragraph 48 of the said section 1 is amended by striking
out "The Territorial District of Parry Sound forms the Provi-
sional Judicial District of Parry Sound" at the end thereof.
(10) Paragraph 49 of the said section 1 is amended by strik-
ing out "The Territorial District of Rainy River forms the Pro-
visional Judicial District of Rainy River" at the end thereof.
22 Bill 3 COURT REFORM STATUTE LAW 1989
(11) Paragraph 50 of the said section 1, as amended by the
Statutes of Ontario, 1986, chapter 52, section 1, is further
amended by striking out "The Territorial District of Sudbury
forms the Provisional Judicial District of Sudbury" at the end
thereof.
(12) Paragraph 51 of the said section 1 is amended by strik-
ing out "The Territorial District of Thunder Bay forms the
Provisional Judicial District of Thunder Bay" at the end there-
of.
(13) Paragraph 52 of the said section 1 is amended by strikf
ing out "The Territorial District of Timiskaming forms the
Provisional Judicial District of Timiskaming" at the end there-
of.
(14) Subsection 4 (1) of the said Act is amended by striking
out "judicial" in the first line.
(15) Subsection 4 (2) of the said Act is amended by striking
out "courts" in the fourth Une.
(16) Section 5 of the said Act is repealed and the following
substituted therefor:
S^n! ^"'^ ^* ^^^ municipal purposes, cities, towns and other munici-
palities withdrawn from the jurisdiction of a county do not
form part of the counties in which they are respectively
situate.
(17) Section 5a of the said Act, as enacted by the Statutes of
Ontario, 1982, chapter 57, section 4, is repealed.
(18) Sections 6, 7 and 8 of the said Act are repealed.
(19) Clause 15 (b) of the said Act is amended by striking out
"or provisional judicial district" in the first and second lines.
50. Subsection 13 (2) of the Tobacco Tax Act, being chapter
502 of the Revised Statutes of Ontario, 1980, is amended by
striking out "Registrar of the Supreme Court or with the local
registrar of the Supreme Court" in the fourth and fifth lines
and inserting in lieu thereof "local registrar of the Ontario
Court (General Division)".
51. Subsection 27 (1) of the Vital Statistics Act, being chap-
ter 524 of the Revised Statutes of Ontario, 1980, is amended by
striking out "The Registrar of the Supreme Court and every
local registrar of the Supreme Court" in the first and second
towns
1989 COURT REFORM STATUTE LAW Bill 3 23
lines and inserting in lieu thereof *' Every local registrar of the
Ontario Court (General Division)".
52. — (1) Subsection 10 (1) of the Woodmen's Lien for Wages
Act, being chapter 537 of the Revised Statutes of Ontario,
1980, is amended by striking out "$1,000" in the third line
and in the sixth line and inserting in lieu thereof in each
instance "the monetary jurisdiction of the Small Claims
Court".
(2) Section 16 of the said Act is amended by striking out
"$1,000" in the first line and inserting in lieu thereof "the
monetary jurisdiction of the Small Claims Court".
(3) Subsection 17 (1) of the said Act is amended by striking
out "$1,000" in the first line and inserting in lieu thereof "the
monetary jurisdiction of the Small Claims Court".
53. Section 116 of the Workers' Compensation Act, being
chapter 539 of the Revised Statutes of Ontario, 1980, is
amended by striking out "$1,000" in the ninth line and insert-
ing in lieu thereof "the monetary jurisdiction of the Small
Claims Court".
54. This Act comes into force on a day to be named by £"^™*"^*
proclamation of the Lieutenant Governor.
ment
55. The short title of this Act is the Court Reform Statute Short title
Law Amendment Act, 1989.
Rill 3
>ND SESSION, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bills
(Chapter 56
Statutes of Ontario, 1989)
An Act to amend certain Statutes of Ontario
Consequent upon Amendments to the
Courts of Justice Act, 1984
The Hon. I. Scott
Attorney General
1st Reading May 1st, 1989
2nd Reading June 14th, 1989
3rd Reading November 14th, 1989
Royal Assent November 15th, 1989
Printed under authority of the Legislative Assembly by the
®Oueen's Printer for Ontario
Bill 3 1989
An Act to amend certain Statutes of Ontario
Consequent upon Amendments to the
Courts of Justice Act, 1984
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. — (1) Subsection 23 (8) of the Cemeteries Act^ being chap-
ter 59 of the Revised Statutes of Ontario, 1980, is amended by
striking out ''$200 or less" in the third Une and inserting in
lieu thereof ''within the monetary jurisdiction of the Small
Claims Court".
(2) Subsection 29 (3) of the said Act is amended by striking
out "the judge of the surrogate court of the Judicial District of
York" in the fourth and fifth lines and inserting in lieu thereof
"a judge of the Ontario Court (General Division) sitting in The
Municipality of MetropoUtan Toronto".
2. Subsection 63 (1) of the Child and Family Services Act,
1984, being chapter 55, is repealed and the following substi-
tuted therefor:
(1) The Minister may appoint a judge of the Ontario Court J.'^^f.fjff '°"
of Justice or the Unified Family Court to investigate a matter
relating to a child in a society's care or the proper administra-
tion of this Part, and a judge who is appointed shall conduct
the investigation and make a written report to the Minister.
3. — (1) Section 3 of the Children's Law Reform Act, being
chapter 68 of the Revised Statutes of Ontario, 1980, is
amended by striking out "the Judicial District" in the second
and third lines and inserting in Ueu thereof "The Regional
Municipality".
(2) Section 73 of the said Act, as enacted by the Statutes of
Ontario, 1982, chapter 20, section 1, is repealed and the
following substituted therefor:
by judge
Bill 3
COURT REFORM STATUTE LAW
1989
Order made 73, — (1) An application to vary an order made by a surro-
r"s^o. 1980, gate court under the Minors Act shall be made to the Ontario
c. 292 Court (General Division).
Idem
1984, c. 11
(2) Section 160 of the Courts of Justice Act, 1984 does not
apply to subsection (1) to deem the reference to a surrogate
court to be a reference to the Ontario Court (General
Division).
4. — (1) Section 51 of the Construction Lien Act, 1983, being
chapter 6, as amended by the Statutes of Ontario, 1984, chap-
ter 11, section 165, is repealed.
(2) Section 52 of the said Act, as amended by the Statutes of
Ontario, 1984, chapter 11, section 165, is repealed.
(3) Section 53 of the said Act, as amended by the Statutes of
Ontario, 1984, chapter 11, section 165, is repealed and the
following substituted therefor:
Court to 53, xhe court, whether the action is being tried by a judge
dispose L ^ r o j j o
completely of or by a mastcr on a reference,
action
(a) shall try the action, including any set-off, cross-
claim, counterclaim and, subject to section 58, third
party claim, and all questions that arise therein or
that are necessary to be tried in order to dispose
completely of the action and to adjust the rights and
liabilities of the persons appearing before it or upon
whom notice of trial has been served; and
(b) shall take all accounts, make all inquiries, give all
directions and do all things necessary to dispose
finally of the action and all matters, questions and
accounts arising therein or at the trial and to adjust
the rights and liabilities of, and give all necessary
relief to, all parties to the action.
(4) Section 54 of the said Act, as amended by the Statutes of
Ontario, 1984, chapter 11, section 165, is repealed and the
following substituted therefor:
54. A judge or master does not acquire exclusive jurisdic-
tion over the trial of an action or reference by reason only of
appointing the time and place for the trial of the action or ref-
erence, or for holding a settlement meeting.
(5) Subsection 60 (1) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed
and the following substituted therefor:
Where
exclusive
jurisdiction
not acquired
1989
COURT REFORM STATUTE LAW
Bill 3
(1) On motion made after the delivery of all statements of Reference to
defence, or the statements of defence to all crossclaims,
counterclaims or third party claims, if any, or the time for
their delivery has expired, a judge may refer the whole action
for trial to a master assigned to the county or district in which
the premises or part of the premises are situate.
(la) A master shall not hear or dispose of a motion made I'^em
under subsection (1).
(6) Subsection 60 (2) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed
and the following substituted therefor:
(2) At the trial, a judge may direct a reference to a master I'^em
assigned to the county or district in which the premises or part
of the premises are situate.
(2a) A master to whom a reference has been directed has Powers of
all the jurisdiction, powers and authority of the court to try reference"
and completely dispose of the action and all matters and ques-
tions arising in connection with the action, including the giving
of leave to amend any pleading and the giving of directions to
a receiver or trustee appointed by the court.
(7) Subsection 60 (3) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed
and the following substituted therefor:
(3) Where under subsection (1) the action has been Application
referred to a master for trial, any person who subsequently o^de^r of' ^
becomes a party to the action may, within seven days after reference
becoming a party to the action, make a motion to a judge of
the court that directed the reference to set aside the judgment
directing the reference.
(8) Clause 64 (1) (b) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed
and the following substituted therefor:
(b) in a report in the prescribed form, where the trial is
conducted by a master on a reference.
(9) Subsection 64 (3) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 165, is repealed
and the following substituted therefor:
(3) The report of a master shall be deemed to be confirmed when report
at the expiration of the fifteen-day period next following the confirmed
date that the notice of filing was given, unless notice of a
Bill 3 COURT REFORM STATUTE LAW 1989
motion to oppose confirmation of the report is served within
that time.
5. — (1) Subsection 48 (3) of the Conveyancing and Law of
Property Act, being chapter 90 of the Revised Statutes of
Ontario, 1980, as amended by the Statutes of Ontario, 1986,
chapter 64, section 6, is further amended by striking out *Hhe
office of the Registrar of the Supreme Court at Osgoode Hall"
in the fifth and sixth lines and inserting in lieu thereof ''an^
office of the Ontario Court (General Division)".
(2) Section 49 of the said Act, as amended by the Statutes of
Ontario, 1986, chapter 64, section 6, is further amended by
striking out "the office of the Registrar of the Supreme Court
at Osgoode Hall" in the thirteenth and fourteenth lines and
inserting in lieu thereof '*an office of the Ontario Court (Gen-
eral Division)".
6. Subsection 6 (1) of the Coroners Act, being chapter 93 ol
the Revised Statutes of Ontario, 1980, is amended by striking
out "the Chief Judge of the County and District Courts" in th«
second line and inserting in lieu thereof "a judge of the
Ontario Court (General Division) designated by the Chief Jus*
tice of the Ontario Court".
7. — (1) Subsection 78 (2) of the Corporations Tax Act, being
chapter 97 of the Revised Statutes of Ontario, 1980, is
amended by striking out "Registrar of the Supreme Court or
the local registrar of the Supreme Court" in the fourth and
fifth lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division)".
(2) Subsection 80 (1) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the Supreme Court" in the second and third lines and inserting
in lieu thereof "local registrar of the Ontario Court (General
Division)".
8.— (1) Clause 3 (2) (a) of the County of Haliburton Act,
1982, being chapter 57, is repealed.
(2) Subsection 4 (4) of the said Act is repealed.
9.— (1) Section 3 of the Creditors' Relief Act, being chapter
103 of the Revised Statutes of Ontario, 1980, as re-enacted by
the Statutes of Ontario, 1985, chapter 1, section 1, is amended
by adding thereto the following subsection:
1989 COURT REFORM STATUTE LAW Bill 3 5
(2) Subsection (1) does not affect the priority of a creditor Exception
by execution or garnishment issued by the Small Claims
Court.
(2) Subsection 22 (2) of the said Act is repealed and the
following substituted therefor:
(2) Such costs shall be ascertained in accordance with the scaie of costs
tariffs of costs under the rules of court applicable to,
(a) the Small Claims Court, if the claim is within the
monetary jurisdiction of that court; or
(b) the Ontario Court (General Division), in any other
case.
10. — (1) Subsection 3 (1) of the Crown Attorneys Act, being
chapter 107 of the Revised Statutes of Ontario, 1980, is
amended by striking out 'Hhe Judicial District of York" in the
third and fourth lines and in the sixth line and inserting in lieu
thereof in each instance "The Municipality of Metropolitan
Toronto".
(2) Subsection 3 (2) of the said Act is amended by striking
out "the Judicial District of York" wherever it occurs and
inserting in lieu thereof in each instance "The Municipality of
Metropolitan Toronto".
(3) Subclause 12 (b) (ii) of the said Act, as re-enacted by the
Statutes of Ontario, 1984, chapter 11, section 170, is repealed.
11. — (1) Subsection 4 (3) of the District Municipality of Mus-
koka Act, being chapter 121 of the Revised Statutes of Ontario,
1980, is repealed.
(2) Subsection 112 (1) of the said Act is amended by striking
out "district court within the District Area or a judge of the
county court or district court of a county or district adjoining
the District Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
12. — (1) Section 69 of the Election Act, 1984, being chapter
54, is repealed and the following substituted therefor:
69. In this section and in sections 70 to 80, unless other- Definition
wise stated, "judge" means a judge of the Ontario Court
(Provincial Division).
(2) Subsection 70 (2) of the said Act is amended by striking
out "the clerk of the county or district court" in the third line
6 Bill 3 COURT REFORM STATUTE LAW 1989
and inserting in lieu thereof "a clerk of the Ontario Court
(Provincial Division) of the county or district in which the
electoral district or any part of it is situate".
(3) Subsection 72 (2) of the said Act is amended by striking
out "of the county or district court" in the first and second
lines.
(4) Section 78 of the said Act is amended by striking out
"court of the county or judicial district" in the fourth and fifth
lines and inserting in lieu thereof "Ontario Court (Provincial
Division)".
(5) Subsection 79 (3) of the said Act is amended by striking
out "Registrar of the Supreme Court" in the fifth and sixth
lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division) of the county or district in
which the electoral district or any part of it is situate" and by
striking out "Registrar" in the eighth line and inserting in lieu
thereof "local registrar".
(6) Subsections 79 (4) and (5) of the said Act are amended
by striking out "Registrar" wherever it occurs and inserting in
lieu thereof in each instance "local registrar".
(7) Subsection 85 (5) of the said Act is amended by striking
out "Registrar of the Supreme Court" in the second and third
lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division) of the county or district in
which the electoral district or any part of it is situate" and by
striking out "Registrar" in the fourth line and inserting in lieu
thereof "local registrar".
(8) Subsections 98 (5) and (6) of the said Act are repealed
and the following substituted therefor:
Local (5) When an action is commenced by a person other than
Sffy^'^ ^° the Chief Election Officer, the local registrar of the Ontario
c.E.o. Court (General Division) shall notify the Chief Election
Officer by registered mail.
(9) Subsection 103 (3) of the said Act is amended by striking
out "Registrar of the Supreme Court" in the second line and
inserting in lieu thereof "local registrar of the Ontario Court
(General Division)".
(10) Subsection 105 (1) of the said Act is amended by strik-
ing out "Registrar of the Supreme Court" in the sixth and sev-
enth lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division)".
1989 COURT REFORM STATUTE LAW Bill 3 7
(11) Subsection 106 (7) of the said Act is amended by strik-
ing out '^ Registrar of the Supreme Court" in the first line and
inserting in lieu thereof ^iocal registrar of the Ontario Court
(General Division)".
(12) Subsection 107 (2) of the said Act is amended by strik-
ing out ^'Registrar" in the second line and inserting in Ueu
thereof "local registrar".
(13) Subsection 109 (2) of the said Act is repealed and the
following substituted therefor:
(2) The appeal shall be heard as speedily as practicable. u^^/^ ^° ^^
speedily
13. Section 49 of the Evidence Act, being chapter 145 of the
Revised Statutes of Ontario, 1980, is amended by striking out
"surrogate court granting the same, or under the seal of the
Supreme Court, where the probate or letters of administration
were granted by the former court of probate for Upper Cana-
da" in the fifth, sixth, seventh and eighth lines and inserting in
lieu thereof "court that granted it or under the seal of the
Ontario Court (General Division)".
14. Subsections 24 (2) and (3) of the Fraudulent Debtors
Arrest Act, being chapter 177 of the Revised Statutes of Ontar-
io, 1980, are repealed.
15.— (1) Subsection 14 (6) of the Fuel Tax Act, 1981, being
chapter 59, is amended by striking out "Registrar of the
Supreme Court or the local registrar of the Supreme Court" in
the third and fourth lines and inserting in lieu thereof "local
registrar of the Ontario Court (General Division)".
(2) Subsection 14 (10) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the Supreme Court" in the second and third lines and inserting
in lieu thereof "local registrar of the Ontario Court (General
Division)".
16. Subsection 14 (2) of the Gasoline Tax Act, being chapter
186 of the Revised Statutes of Ontario, 1980, is amended by
striking out "Registrar of the Supreme Court or with the local
registrar of the Supreme Court" in the fourth and fifth lines
and inserting in lieu thereof "local registrar of the Ontario
Court (General Division)".
17.— (1) Clause 20 (3) (a) of the Income Tax Act, being
chapter 213 of the Revised Statutes of Ontario, 1980, is
amended by striking out "Registrar of the Supreme Court or
the local registrar of the court" in the fifth, sixth and seventh
Bill 3 COURT REFORM STATUTE LAW 1989
lines and inserting in lieu thereof ''local registrar of the
Ontario Court (General Division)".
(2) Subsection 21 (3) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the court'* in the fourth and flfth lines and inserting in lieu
thereof "local registrar of the Ontario Court (General Divi-
sion)".
(3) Subsection 21 (6) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the court, as the case may be" in the first, second and third
lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division)".
18. Subsection 19 (2) of the Industrial Standards Act, being
chapter 216 of the Revised Statutes of Ontario, 1980, is
amended by striking out "$1,000" in the fifth line and insert-
ing in lieu thereof "the monetary jurisdiction of the Small
Claims Court".
19. Section 61 of the Insurance Act, being chapter 218 of
the Revised Statutes of Ontario, 1980, is amended by striking
out "the Master of the Supreme Court" in the fourth line and
inserting in lieu thereof "a referee in a proceeding in the
Ontario Court (General Division)".
20. — (1) Clause 27 (i) of the Interpretation Act, being chap-
ter 219 of the Revised Statutes of Ontario, 1980, is repealed
and the following substituted therefor:
(i) where the time limited for a proceeding or for the
doing of any thing in a court office, a land registry
office or a sheriffs office expires or falls on a day
that is prescribed as a holiday for that office, the
time so limited extends to and the thing may be
done on the day next following that is not a holiday.
(2) Paragraphs 9 and 35 of section 30 of the said Act are
repealed.
21. — (1) Subsection 5 (3) of the Juries Act, being chapter
226 of the Revised Statutes of Ontario, 1980, is amended by
adding "and" at the end of clause (a) and by striking out
clauses (b) and (c) and inserting in lieu thereof:
(b) to the local registrar of the Ontario Court (General
Division), a copy of the determination for the num-
ber of jurors under clause (1) (a).
1989 COURT REFORM STATUTE LAW Bill 3 [
(2) Subsection 12 (1) of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 189, is repealed
and the following substituted therefor:
(1) A judge of the Ontario Court (General Division) may issuance of
issue precepts in the form prescribed by the regulations to the p''^^^p**
sheriff for the return of such number of jurors as the sheriff
has determined as the number to be drafted and returned or
such greater or lesser number as in his or her opinion is
required.
(3) Subsection 12 (la) of the said Act, as enacted by the
Statutes of Ontario, 1984, chapter 11, section 189, is repealed.
(4) Subsection 12 (2) of the said Act is repealed.
(5) Subsection 39 (2) of the said Act is amended by striking
out "Registrar or the local registrar of the Supreme Court, as
the case may be'' in the third and fourth lines and inserting in
lieu thereof "local registrar of the Ontario Court (General
Division)".
22.— <1) Clauses 9 (1) (a), (b) and (c) of the Justices of the
Peace Act, 1989, being chapter 46, are repealed and the follow-
ing substituted therefor:
(a) the Chief Judge of the Ontario Court (Provincial
Division) who shall preside over the Review
Council;
(b) the Co-ordinator;
(c) the regional senior judge of the Ontario Court
(Provincial Division) in the region in which the
matter being considered by the Council arises.
a) le juge en chef de la Cour de 1' Ontario (Division
provinciale), qui preside le Conseil;
b) le coordonnateur;
c) le juge principal regional de la Cour de I'Ontario
(Division provinciale) de la region ou se presente
I'affaire dont traite le Conseil.
(2) Subsection 14 (1) of the said Act is repealed and the
following substituted therefor:
10
Bill 3
COURT REFORM STATUTE LAW
1989
Co-ordinator (1) The Co-ordinator has general supervision and direction
justices!^'^^ over sittings of justices of the peace and the assignment of
assign duties their dutics, subjcct to the direction of the Chief Judge of the
Ontario Court (Provincial Division).
Surveillance,
etc., par le
coordon-
nateur
(1) Le coordonnateur est charge de I'administration et de la
surveillance des sessions des juges de paix et de I'assignation
de leurs fonctions, sous reserve de la direction du juge en chef J
de la Cour de 1' Ontario (Division provinciale). «
(3) Subsection 14 (6) of the said Act is amended by striking
out *'a" in the fourth line of the English version and inserting
in lieu thereof "the" and by striking out "d'un" in the fifth
line of the French version and inserting in lieu thereof "du".
23. Subsection 12 (2) of the Land Transfer Tax Act, being
chapter 231 of the Revised Statutes of Ontario, 1980, is
amended by striking out "Registrar of the Supreme Court or
with the Local Registrar of the Supreme Court" in the fourth
and flfth lines and inserting in lieu thereof "local registrar of
the Ontario Court (General Division)".
24. — (1) Sections 69 and 70 of the Landlord and Tenant Act,
being chapter 232 of the Revised Statutes of Ontario, 1980, are
repealed.
(2) Section 74 of the said Act is; repealed and the following
substituted therefor:
Scale of costs
74. The costs of the proceeding before the judge shall be
on the Small Claims Court scale if the amount claimed by the
landlord does not exceed the monetary jurisdiction of the
Small Claims Court.
25. Section 49 of the Law Society Act, being chapter 233 of
the Revised Statutes of Ontario, 1980, is amended by striking
out "Registrar of the Supreme Court" in the fourth line and
inserting in lieu thereof "local registrar of the Ontario Court
(General Division) at Toronto".
26. — (1) Subsection 17 (3) of the Legislative Assembly Act,
being chapter 235 of the Revised Statutes of Ontario, 1980, is
repealed and the following substituted therefor:
IrcS?'"'of°" ^■^^ ^^ ^^^^^ ^^ ^^^ Assembly shall, on receiving a dis-
disdafme^r claimcr, forthwith send a copy of it to the local registrar of the
Ontario Court (General Division) for the county or district in
1989 COURT REFORM STATUTE LAW Bill 3 11
which is situate the electoral district or any part of the elec-
toral district for which the member so disclaiming was elected.
(2) Subsection 47 (2) of the said Act is amended by striking
out "the Judicial District of York" in the second and third
lines and inserting in lieu thereof "The Municipality of Metro-
politan Toronto".
27. Subsection 13 (4) of the Libel and Slander Act, being
chapter 237 of the Revised Statutes of Ontario, 1980, is
repealed and the following substituted therefor:
(4) An order made under this section is final and is not 9«*er of
subject to appeal. Respecting
security final
28. — (1) Subsection 10 (1) of the Master and Servant Act,
being chapter 257 of the Revised Statutes of Ontario, 1980, is
amended by striking out "small claims court of the division in
which the cause of action arose or in which the party or parties
complained against, or one of them, resided at the time of the
making of the complaint, or to the small claims court held in
the division in which the party or parties complained against or
one of them carried on business" in the fourth, fifth, sixth,
seventh, eighth and ninth lines and inserting in lieu thereof
"Ontario Court (General Division)".
(2) Section 11 of the said Act is repealed.
29. Subsection 102 (1) of the Municipal Act, being chapter
302 of the Revised Statutes of Ontario, 1980, is amended by
striking out "county or district court of the county or district
in which the municipality is situate, or a judge of the county or
district court of a county or district adjoining the county or
district in which the municipality is situate" in the second,
third, fourth, fifth and sixth lines and inserting in lieu thereof
"Ontario Court (General Division)".
30. — (1) Subsection 87 (1) of the Municipal Elections Act,
being chapter 308 of the Revised Statutes of Ontario, 1980, as
re-enacted by the Statutes of Ontario, 1988, chapter 33, section
9, is amended by striking out "District Court of in the ninth
line and inserting in lieu thereof "Ontario Court (Provincial
Division) sitting in".
(2) Subsection 87 (4) of the said Act, as enacted by the
Statutes of Ontario, 1988, chapter 33, section 9, is amended by
striking out "the local registrar of the District Court" in the
third line and inserting in lieu thereof "a clerk of the Ontario
Court (Provincial Division) of the county or district in which
the electoral district or any part of it is situate".
12
Bill 3
COURT REFORM STATUTE LAW
1989
Appeal from
decision of
provincial
judge or
recount
officer
(3) Subsection 88c (1) of the said Act, as enacted by the
Statutes of Ontario, 1988, chapter 33, section 9, is amended by
striking out *' District Court" in the fourth line and inserting in
lieu thereof "Ontario Court (Provincial Division)".
(4) Subsection 88c (2) of the said Act, as enacted by the
Statutes of Ontario, 1988, chapter 33, section 9, is amended by
striking out *' District Court" in the fourth Une and inserting in
lieu thereof ''Ontario Court (Provincial Division)".
(5) Section 88j of the said Act, as enacted by the Statutes of
Ontario, 1988, chapter 33, section 9, is repealed and the
following substituted therefor:
88j. — (1) Any party may appeal to the Ontario Court
(General Division) from the decision of the provincial judge
on the application or of the recount officer on the recount, as
the case may be, by giving written notice not more than five
days following the completion of the hearing or the recount to
the other parties concerned and to the provincial judge or the
recount officer and the notice may limit the appeal to speci-
fied disputed ballots.
(2) The notice shall be served upon the other parties per-
sonally or upon the solicitor who acted for the party or in the
manner that a judge of the Ontario Court (General Division)
may direct.
(3) The provincial judge or recount officer shall forward to
the local registrar of the Ontario Court (General Division) by
registered mail,
(a) the notice of appeal;
(b) a certificate showing the findings of the provincial
judge or recount officer on the ballots or statements
in dispute;
(c) if the appeal is limited to specified disputed ballots,
the ballots or statements of the vote that are the
subject of the appeal in the envelopes described in
subsection 88c (7) and section 88d; and
(d) if the appeal is not Umited, all of the ballots in the
envelopes referred to in clause 88c (8) (b) or 88e (1)
(b).
Certificate to (4) xhc provincial judge or recount officer shall await the
after'apjeai resuU of the appeal before preparing the certificate under sub-
section 88c (8) or 88e (2).
Service of
notice
Documents
to be
forwarded
1989 COURT REFORM STATUTE LAW Bill 3 13
(5) The provincial judge or recount officer shall, upon Copy of
request, allow each party to make a copy of the order or certi-
ficate, as the case may be, before it is forwarded to the local
registrar.
(6) On receipt of the ballots, notice and statement, the Appointment
local registrar shall immediately fix a time for hearing the
appeal and shall notify the parties or their solicitors of the
time so fixed.
for hearing
(7) One judge of the Ontario Court (General Division) Determi-
shall determine the objection pertaining to, or count again, Genera/
the ballots or such of them as are the subject of appeal, or Division
review the re-addition, as the case may be, and shall immedi-
ately certify in writing the decision of the court to the provin-
cial judge or to the recount officer.
(8) The provincial judge or recount officer, in compliance Certificate to
with the decision of the Ontario Court (General Division), decfs^on
shall cerfify the result without delay.
31. Subsection 252 (1) of the Municipality of Metropolitan
Toronto Act, being chapter 314 of the Revised Statutes of
Ontario, 1980, is amended by striking out "county court of the
Judicial District of York, or a judge of the county court of a
judicial district adjoining the Judicial District of York" in the
second, third and fourth lines and inserting in lieu thereof
"Ontario Court (General Division)".
32. Subsection 121 (1) of the County of Oxford Act, being
chapter 365 of the Revised Statutes of Ontario, 1980, is
amended by striking out "county court within the County or a
judge of the county court of a county or judicial district adjoin-
ing the County" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
33. — (1) Subsection 11 (9) of the Provincial Land Tax Act,
being chapter 399 of the Revised Statutes of Ontario, 1980, as
re-enacted by the Statutes of Ontario, 1982, chapter 18, section
7, is amended by striking out "Registrar of the Supreme Court
of Ontario or the local registrar of the Supreme Court" in the
fourth, fifth and sbcth lines and inserting in lieu thereof "local
registrar of the Ontario Court (General Division)".
(2) Subsection 11 (11) of the said Act, as enacted by the
Statutes of Ontario, 1982, chapter 18, section 7, is amended by
striking out "Registrar of the Supreme Court or the local reg-
istrar of the Supreme Court" in the first and second lines and
inserting in lieu thereof "local registrar of the Ontario Court
(General Division)".
14
Bill 3
COURT REFORM STATUTE LAW
1989
34. — (1) Clause 1 (1) (j) of the Provincial Offences Act,
being chapter 400 of the Revised Statutes of Ontario, 1980, is
amended by striking out '^court" in the Hrst line and inserting
in lieu thereof "Chief Judge of the Ontario Court (Provincial
Division)".
(2) Subsection 31 (2) of the said Act is amended by striking
out "chief judge of the provincial offences courts" in the third
and fourth lines and inserting in lieu thereof "Chief Judge of
the Ontario Court (Provincial Division)".
(3) Subsection 31 (3) of the said Act is amended by striking
out "chief judge of the provincial offences courts" in the
fourth and fifth lines and inserting in lieu thereof "Chief Judge
of the Ontario Court (Provincial Division)".
(4) The said Act is amended by adding thereto the following
section:
Contempt 90a. — (1) Exccpt as otherwise provided by an Act, every
person who commits contempt in the face of a justice of the
peace presiding over the Ontario Court (Provincial Division)
in a proceeding under this Act is on conviction liable to a fine
of not more than $1 ,000 or to imprisonment for a term of not
more than thirty days, or to both.
Statement to
offender
(2) Before a proceeding is taken for contempt under sub-
section (1), the justice of the peace shall inform the offender
of the conduct complained of and the nature of the contempt
and inform him or her of the right to show cause why he or
she should not be punished.
Show cause
(3) A punishment for contempt in the face of the court
shall not be imposed without giving the offender an opportu-
nity to show cause why he or she should not be punished.
Adjournment
for adjudi-
cation
(4) Except where, in the opinion of the justice of the
peace, it is necessary to deal with the contempt immediately
for the preservation of order and control in the courtroom,
the justice of the peace shall adjourn the contempt proceeding
to another day.
Adjudication
by judge
(5) A contempt proceeding that is adjourned to another
day under subsection (4) shall be heard and determined by the
court presided over by a provincial judge.
Arrest for
immediate
adjudication
(6) Where the justice of the peace proceeds to deal with a
contempt immediately and without adjournment under sub-
section (4), the justice of the peace may order the offender
1989 COURT REFORM STATUTE LAW Bill 3 15
arrested and detained in the courtroom for the purpose of the
hearing and determination.
(7) Where the offender is appearing before the court as an Bamng agent
agent who is not a barrister and solicitor entitled to practise in '" ^^ ^^^
Ontario, the court may order that he or she be barred from
acting as agent in the proceeding in addition to any other pun-
ishment to which he or she is liable.
(8) An order of punishment for contempt under this section Appeals
is appealable in the same manner as if it were a conviction in
a proceeding commenced by certificate under Part I of this
Act.
(9) This Act applies for the purpose of enforcing a punish- Enforcement
ment by way of a fine or imprisonment under this section.
(5) Section 91m of the said Act, as enacted by the Statutes of
Ontario, 1983, chapter 80, section 1, is amended by striking
out '^provincial court (criminal division)" in the sixth line and
inserting in lieu thereof '* Ontario Court (Provincial Division)
presided over by a provincial judge".
(6) Clause 99 (2) (a) of the said Act is amended by striking
out '^ provincial court (criminal division) of" in the second and
third lines and inserting in lieu thereof "Ontario Court (Pro-
vincial Division) presided over by a provincial judge sitting
in".
(7) Subsection 118 (1) of the said Act is amended by striking
out ' 'provincial court (criminal division) of" in the fifth line
and inserting in lieu thereof "Ontario Court (Provincial Divi-
sion) presided over by a provincial judge sitting in".
(8) Subsection 122 (1) of the said Act is repealed and the
following substituted therefor:
(1) An appeal lies from the judgment of the Ontario Court ^p^^' J°
(Provincial Division) in an appeal under section 118 to the Appeal
Court of Appeal, with leave of a justice of appeal, on special
grounds, upon any question of law alone.
(9) Section 123 of the said Act is repealed.
(10) Subsection 142 (1) of the said Act is amended by strik-
ing out "in the county or district in which the provincial
offences court having jurisdiction in respect of the offence is
situated" in the thirteenth, fourteenth and fifteenth lines.
16 Bill 3 COURT REFORM STATUTE LAW 1989
35. — (1) Subsections 5 (3) and (4) of the Regional Munici-
pality of Durham Act, being chapter 434 of the Revised Statutes
of Ontario, 1980, are repealed.
(2) Subsection 133 (1) of the said Act is amended by striking
out '^county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
36. — (1) Subsections 5 (3), (4) and (6) of the Regional
Municipality of Haldimand-Norfolk Act, being chapter 435 of
the Revised Statutes of Ontario, 1980, are repealed.
(2) Subsection 116 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
37. — (1) Subsections 5 (3) and (5) of the Regional Munici-
pality of Halton Act, being chapter 436 of the Revised Statutes
of Ontario, 1980, are repealed.
(2) Subsection 126 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
38. — (1) Subsections 4 (3) and (5) of the Regional Munici-
pality of Hamilton-Wentworth Act, being chapter 437 of the
Revised Statutes of Ontario, 1980, are repealed.
(2) Subsection 138 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
39.— (1) Subsections 4 (3) and (4) of the Regional Munici-
pality of Niagara Act, being chapter 438 of the Revised Statutes
of Ontario, 1980, are repealed.
(2) Subsection 165 (1) of the said Act is amended by striking
out "either of the county courts within the Regional Area or a
judge of the county court of a county adjoining the Regional
Area" in the second, third and fourth lines and inserting in
lieu thereof "the Ontario Court (General Division)".
1989 COURT REFORM STATUTE LAW Bill 3 17
40. — (1) Subsection 2 (3) of the Regional Municipality of
Ottawa-Carleton Act^ being chapter 439 of the Revised Statutes
of Ontario, 1980, is repealed.
(2) Subsection 168 (1) of the said Act is amended by striking
out * 'county court of the Regional Area or a judge of the
county court of a county adjoining the Regional Area'* in the
second, third and fourth lines and inserting in lieu thereof
'* Ontario Court (General Division)".
41. — (1) Subsections 5 (3) and (5) of the Regional Munici-
pality of Peel Act, being chapter 440 of the Revised Statutes of
Ontario, 1980, are repealed.
(2) Subsection 121 (1) of the said Act is amended by striking
out ' 'county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof ''Ontario Court (General Division)".
42. — (1) Subsection 4 (3) of the Regional Municipality of
Sudbury Act, being chapter 441 of the Revised Statutes of
Ontario, 1980, is repealed.
(2) Subsection 108 (1) of the said Act is amended by striking
out "district court within the Regional Area or a judge of the
district court of a district adjoining the Regional Area" in the
second, third and fourth lines and inserting in lieu thereof
"Ontario Court (General Division)".
43.— (1) Subsections 4 (3) and (5) of the Regional Munici-
pality of Waterloo Act, being chapter 442 of the Revised Stat-
utes of Ontario, 1980, are repealed.
(2) Subsection 156 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county adjoining the Regional Area" in the
second, third and fourth lines and inserting in lieu thereof
"Ontario Court (General Division)".
44. — (1) Subsection 4 (3) of the Regional Municipality of
York Act, being chapter 443 of the Revised Statutes of Ontario,
1980, is repealed.
(2) Subsection 157 (1) of the said Act is amended by striking
out "county court within the Regional Area or a judge of the
county court of a county or judicial district adjoining the
Regional Area" in the second, third and fourth lines and
inserting in lieu thereof "Ontario Court (General Division)".
18 Bill 3 COURT REFORM STATUTE LAW 1989
45. — (1) Subsection 23 (2) of the Retail Sales Tax Act, being
chapter 454 of the Revised Statutes of Ontario, 1980, is
amended by striking out "Registrar of the Supreme Court or
the local registrar of the Supreme Court" in the fourth and
fifth lines and inserting in lieu thereof "local registrar of the
Ontario Court (General Division)".
(2) Subsection 25 (1) of the said Act is amended by striking
out "Registrar of the Supreme Court or the local registrar of
the Supreme Court" in the second and third lines and inserting
in lieu thereof "local registrar of the Ontario Court (General
Division)".
46. The Sheriffs Act, being chapter 470 of the Revised Stat-
utes of Ontario, 1980, as amended by the Statutes of Ontario,
1984, chapter 11, section 212 and 1989, chapter 24, section 2,
is repealed.
47. Subsection 35 (1) of the Statute Labour Act, being chap-
ter 482 of the Revised Statutes of Ontario, 1980, is amended by
striking out "Provisional Judicial" in the fifteenth line and
inserting in lieu thereof "Territorial".
48. — (1) Sections 2, 4 and 5 of the Surrogate Courts Act,
being chapter 491 of the Revised Statutes of Ontario, 1980, are
repealed.
(2) Sections 6 and 7 of the said Act, as amended by the
Statutes of Ontario, 1984, chapter 11, section 215, are
repealed.
(3) Sections 8 and 9 of the said Act are repealed.
(4) Section 11 of the said Act, as amended by the Statutes of
Ontario, 1982, chapter 10, section 1, is repealed.
(5) Section 12 of the said Act, as amended by the Statutes of
Ontario, 1984, chapter 11, section 215, is repealed.
(6) Sections 14 and 15 of the said Act are repealed.
(7) Section 17 of the said Act is repealed and the following
substituted therefor:
fo?Th?wms ^^' ^^^ ^^^^^^ ^^ ^^^ *^^^^ registrar of the Ontario Court
oTiiving*' * (General Division) is a depository for all wills of living per-
persons soHS given there for safekeeping, and the local registrar shall
receive and keep those wills under such regulations as are pre-
scribed by the rules of court.
1989 COURT REFORM STATUTE LAW Bill 3 19
(8) Section 18 of the said Act is amended by striking out
"regulations as are prescribed by the surrogate court rules" in
the fourth and fifth lines and inserting in lieu thereof "condi-
tions as are prescribed by the rules of court".
(9) Sections 21, 22 and 23 of the said Act are repealed.
(10) Section 26 of the said Act is repealed and the following
substituted therefor:
26. — (1) An application for a grant of probate or letters of Grant of
administration shall be made to the Ontario Court (General adminit^'^
Division) and shall be filed in the office for the county or dis- tration,
trict in which the testator or intestate had at the time of death ^""^ *'^"°"
a fixed place of abode.
(2) If the testator or intestate had no fixed place of abode ^here
in Ontario or resided out of Ontario at the time of death, the n^abode in
application shall be filed in the office for the county or district Ontario
in which the testator or intestate had property at the time of
death.
(3) In other cases the application for probate or letters of ^^en
administration may be filed in any office. may be filed
in any office
(11) Sections 27, 28 and 29 of the said Act are repealed.
(12) Subsection 30 (1) of the said Act is repealed and the
following substituted therefor:
(1) The court may cause any question of fact arising in any Trial of
proceedmg to be tried by a jury. fact by a
jury
(13) Section 32 of the said Act is repealed.
(14) Subsection 33 (1) of the said Act is repealed and the
following substituted therefor:
(1) Any party or person taking part in a proceeding under Right of
this Act may appeal to the Divisional Court from an order, ^^^^
determination or judgment of the Ontario Court (General
Division) if the value of the property affected by such order,
determination or judgment exceeds $200.
(15) Subsections 33 (4), (5) and (6) of the said Act are
repealed.
(16) Section 34 of the said Act is repealed.
20
Bill 3
COURT REFORM STATUTE LAW
1989
Where
application
filed in more
than one
office
(17) Section 44 of the said Act is amended by striking out
^'surrogate court" in the sixth line and inserting in lieu thereof
"office of the Ontario Court (General Division)".
(18) Section 45 of the said Act is repealed and the following
substituted therefor:
45. If it appears by the certificate of the Estate Registrar
for Ontario that application for probate or administration has
been filed in two or more court offices, the proceedings shall
be stayed until, on motion, a judge of the Ontario Court
(General Division) determines where the application will
proceed.
(19) Section 60 of the said Act is amended by striking out
''judge of the court for the time being, or in case of the separa-
tion of counties, to enure for the benefit of any judge of a sur-
rogate court to be named by the Supreme Court for that pur-
pose" in the fifth, sixth, seventh and eighth lines and inserting
in lieu thereof "Accountant of the Ontario Court".
Powers of
judge on
passing
accounts
(20) Subsection 74 (1) of the said Act is repealed.
(21) Subsection 74 (3) of the said Act is repealed and the
following substituted therefor:
(3) The judge, on passing the accounts of an executor,
administrator or trustee under a will of which the trustee is an
executor, has jurisdiction to enter into and make full inquiry
and accounting of and concerning the whole property that the
deceased was possessed of or entitled to, and its administra-
tion and disbursement.
(22) Subsection 74 (6) of the said Act is repealed.
(23) Section 78 of the said Act is repealed.
(24) Section 80 of the said Act, as re-enacted by the Statutes
of Ontario, 1984, chapter 11, section 215, is repealed.
(25) The title to the Surrogate Courts Act is repealed and the
following substituted therefor:
ESTATES ACT
49.— (1) Section 1 of the Territorial Division Act, being
chapter 497 of the Revised Statutes of Ontario, 1980, as
amended by the Statutes of Ontario, 1982, chapter 57, section
4, is further amended by striking out "5, 5a, 6, 7 and 8 for
municipal and judicial purposes such counties, and for judicial
1989 COURT REFORM STATUTE LAW Bill 3 21
purposes such districts and metropolitan and regional areas,
are respectively" in the third, fourth, fifth and sixth lines and
inserting in lieu thereof ''and 5, for municipal purposes such
counties are".
(2) Paragraph 2 of section 1 of the said Act is amended by
striking out the following sentences at the end thereof:
"The Indian Reserve at Cape Croker shall, for judicial pur-
poses, be deemed part of the Township of Albemarle.
''The Indian Reserve at Chiefs Point and the Saugeen
Indian Reserve north of the mouth of the Saugeen River shall,
for judicial purposes, be deemed part of the Township of Ama-
bel".
(3) Paragraph 42 of the said section 1 is amended by striking
out "The Territorial District of Algoma forms the Provisional
Judicial District of Algoma" in the seventh and eighth lines
from the end thereof.
(4) Paragraph 43 of the said section 1 is amended by striking
out "The Territorial District of Cochrane forms the Provi-
sional Judicial District of Cochrane" at the end thereof.
(5) Paragraph 44 of the said section 1 is amended by striking
out "The Territorial District of Kenora forms the Provisional
Judicial District of Kenora" at the end thereof.
(6) Paragraph 45 of the said section 1 is amended by striking
out "The Territorial District of Manitoulin forms the Provi-
sional Judicial District of Manitoulin" at the end thereof.
(7) Paragraph 46 of the said section 1 is amended by striking
out "The District Municipality of Muskoka forms the Provi-
sional Judicial District of Muskoka" at the end thereof.
(8) Paragraph 47 of the said section 1 is amended by striking
out "The Territorial District of Nipissing forms the Provisional
Judicial District of Nipissing" at the end thereof.
(9) Paragraph 48 of the said section 1 is amended by striking
out "The Territorial District of Parry Sound forms the Provi-
sional Judicial District of Parry Sound" at the end thereof.
(10) Paragraph 49 of the said section 1 is amended by strik-
ing out "The Territorial District of Rainy River forms the Pro-
visional Judicial District of Rainy River" at the end thereof.
22 Bill 3 COURT REFORM STATUTE LAW 1989
(11) Paragraph 50 of the said section 1, as amended by the
Statutes of Ontario, 1986, chapter 52, section 1, is further
amended by striking out '*The Territorial District of Sudbury
forms the Provisional Judicial District of Sudbury" at the end
thereof.
(12) Paragraph 51 of the said section 1 is amended by strik-
ing out *'The Territorial District of Thunder Bay forms the
Provisional Judicial District of Thunder Bay" at the end there-
of.
(13) Paragraph 52 of the said section 1 is amended by strik-
ing out ''The Territorial District of Timiskaming forms the
Provisional Judicial District of Timiskaming" at the end there-
of.
(14) Subsection 4 (1) of the said Act is amended by striking
out ''judicial" in the first line.
(15) Subsection 4 (2) of the said Act is amended by striking
out "courts" in the fourth line.
(16) Section 5 of the said Act is repealed and the folio wu^
substituted therefor: ^
™! ^^^ ^' ^^^ municipal purposes, cities, towns and other munici-
palities withdrawn from the jurisdiction of a county do not
form part of the counties in which they are respectively
situate.
(17) Section 5a of the said Act, as enacted by the Statutes of
Ontario, 1982, chapter 57, section 4, is repealed.
(18) Sections 6, 7 and 8 of the said Act are repealed.
(19) Clause 15 (b) of the said Act is amended by striking out
"or provisional judicial district" in the first and second Unes.
50. Subsection 13 (2) of the Tobacco Tax Act, being chapter
502 of the Revised Statutes of Ontario, 1980, is amended by
striking out "Registrar of the Supreme Court or vt^ith the local
registrar of the Supreme Court" in the fourth and fifth lines
and inserting in lieu thereof "local registrar of the Ontario
Court (General Division)".
51. Subsection 27 (1) of the Vital Statistics Act, being chap-
ter 524 of the Revised Statutes of Ontario, 1980, is amended by
striking out "The Registrar of the Supreme Court and every
local registrar of the Supreme Court" in the first and second
towns
1989 COURT REFORM STATUTE LAW Bill 3 23
lines and inserting in lieu thereof "Every local registrar of the
Ontario Court (General Division)".
52. — (1) Subsection 10 (1) of the Woodmen's Lien for Wages
Act, being chapter 537 of the Revised Statutes of Ontario,
1980, is amended by striking out "$1,000" in the third line
and in the sixth line and inserting in lieu thereof in each
instance "the monetary jurisdiction of the Small Claims
Court".
(2) Section 16 of the said Act is amended by striking out
"$1,000" in the first line and inserting in lieu thereof "the
monetary jurisdiction of the Small Claims Court".
(3) Subsection 17 (1) of the said Act is amended by striking
out "$1,000" in the first line and inserting in lieu thereof "the
monetary jurisdiction of the Small Claims Court".
53. Section 116 of the Workers' Compensation Act, being
chapter 539 of the Revised Statutes of Ontario, 1980, is
amended by striking out "$1,000" in the ninth Une and insert-
ing in lieu thereof "the monetary jurisdiction of the Small
Claims Court".
54. This Act comes into force on a day to be named by ^"[J'™*"*^*
proclamation of the Lieutenant Governor.
ment
55. The short title of this Act is the Court Reform Statute Short title
Law Amendment Act, 1989.
Bill 4 Government Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 4
An Act to amend the Metropolitan Toronto
Police Force Complaints Act, 1984
The Hon. I. Scott
Attorney General
1st Reading November 4th, 1987
2nd Reading
3rd Reading
Royal Assent
Continued from the 1st Session by an Order of the
Legislative Assembly of March 2nd, 1989.
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
The purpose of the Bill is to permit the extension of the police complaints procedure
to municipalities other than Metropolitan Toronto on the request of the municipality.
SECTIONS 1 and 2. The amendments to the definitions adjust the terminology so that
it is not confined to Metropolitan Toronto but can apply to any municipality to which the
Act applies. The Commissioner's title is changed from "Public Complaints Commission-
er" to "Police Complaints Commissioner".
SECTION 3. The new section authorizes municipalities to adopt by-laws requesting the
Lieutenant Governor in Council to designate them by regulation (under clause 31 (ca) of
the Act, as enacted by section 16 of the Bill). A regulation may only be made where
such a by-law is passed.
SECTIONS 4 to 7. The amendments make no change in substance except to refer to all
designated municipalities.
SECTION 8. Under existing section 11 of the Act the report of the Bureau's investiga-
tion is given to certain persons. The amendment would provide that the result of a fur-
ther investigation by the chief of police on the request of the Commissioner be given to
the same persons.
SECTION 9. Existing section 14 authorizes the chief of police to delegate to an officer
of the rank of inspector or higher. The amendment permits the delegation to be to a
senior officer where the poUce force does not have the rank of inspector.
SEX^TION 10. The amendment removes any doubt that the appeal from the decision of
a chief of police on a disciplinary hearing is to be taken under the Metropolitan Toronto
Police Force Complaints Act, 1984 and not the Police Act.
SECTIONS 11 to 15. See explanatory note for sections 4 to 7 (except for subsectioii
13 (1)).
Clause 23 (2) (b) of the Act makes the Attorney General a party to hearings before
a board of inquiry, except when the hearing is in respect of a penalty imposed on an offi-
cer. The amendment in subsection 13 (1) ensures that the Attorney General is not
excluded from participating where the officer's hearing is combined with the complain-
ant's hearing.
SECTION 16. The amendment authorizes a municipality to be designated by regulation
where it has passed a by-law requesting the designation.
SECTION 17. The short title of the Act is amended to remove specific reference to the
Metropolitan Police Force.
BiU4 1989
An Act to amend the Metropolitan Toronto
Police Force Complaints Act, 1984
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. — (1) Clauses 1 (a) and (b) of the Metropolitan Toronto
Police Force Complaints Act, 1984, being chapter 63, are
repealed and the following substituted therefor:
(a) "Bureau" means a Public Complaints Investigation
Bureau established under section 5.
(2) Clause 1 (c) of the said Act is amended by striking out
'^Public" in the first line and inserting in lieu thereof
"PoUce".
(3) Section 1 of the said Act is amended by adding thereto
the following clause:
(ea) "designated municipality" means The Municipality
of Metropolitan Toronto and the municipalities that
are designated by a regulation made under clause
31 (ca).
(4) Clause 1 (i) of the said Act is repealed and the following
substituted therefor:
(i) "police association" means the association as
defined in the Police Act for the police force of a R s.o. 1980,
designated municipality. ^' ^^^
(5) Section 1 of the said Act is further amended by adding
thereto the following subsection:
(2) A reference in this Act to a police officer, chief of References to
police, police force. Bureau, board of inquiry or panel for '°''^' ^'"^'^'
boards of inquiry means the one appointed or established for
the designated municipality that the subject officer serves.
BUM
METRO. TORONTO POLICE FORCE COMPLAINTS
1989
By-laws to
request
application
of Act
R.S.O. 1980,
c. 381
Idem
2. Section 2 of the said Act is amended by striking out
"Metropolitan Police Force" in the third line and inserting in
lieu thereof "police force of a designated municipality".
3. The said Act is amended by adding thereto the following
section:
2a. — (1) The council of a municipality that maintains a
police force other than by agreement under section 64 of the
Police Act may, by by-law, request the Lieutenant Governor
in Council to designate the municipality as one to which this
Act applies.
(2) The council of a municipality that maintains a police
force by agreement under section 63 of the Police Act may
pass a by-law under subsection (1) only if the municipality
providing the services is a designated municipality.
4. — (1) Subsection 3 (1) of the said Act is amended by strik-
ing out "Public" in the second line and inserting in lieu thereof
"Police".
Local offices
Communi-
cation to
Commis-
sioner by
local office
Panels for
boards of
inquiry
Recommen-
dations for
appointment
Idem
(2) Section 3 of the said Act is amended by adding thereto
the following subsections:
(6a) The Commissioner shall establish a local office in each
designated municipality.
(6b) Any matter or thing that is required or permitted by
this Act to be given to or served upon the Commissioner shall
be given or served at the local office of the Commissioner.
5. Section 4 of the said Act, as amended by the Statutes of
Ontario, 1986, chapter 31, section 1, is repealed and the fol-
lowing substituted therefor:
4. — (1) The Lieutenant Governor in Council shall appoint
a panel of persons for each designated municipality to act as
members of boards of inquiry.
(2) One-third of the members of the panel shall be persons
who are members of the Law Society of Upper Canada who
are jointly recommended for appointment by the Attorney
General and the Solicitor General.
(3) One-third of the members of the panel shall be persons,
other than police officers, who are jointly recommended for
appointment by the board of commissioners of police of the
designated municipality, or, where there is no board, the
council, and by the police association, if any.
1989 METRO. TORONTO POLICE FORCE COMPLAINTS Bill 4 3
(4) If the joint recommendations referred to in subsection Failure to
(3) are not submitted to the Attorney General in writing recommen-
within the time that the Attorney General may specify, one- dations
third of the members of the panel shall be persons, other than
police officers and members of the Law Society of Upper
Canada, who are jointly recommended for appointment by
the Attorney General and the Solicitor General.
(5) Before making the recommendation referred to in sub- individual
section (4), the Attorney General and Solicitor General shall daSTto be
consider any recommendations made by the board of commis- considered
sioners of police or council alone or the police association
alone.
(6) One-third of the members of the panel shall be persons Recommen-
recommended for appointment by the council of the desig- appokum^m
nated municipality.
(7) If the recommendations referred to in subsection (6) are Failure to
not submitted to the Attorney General in writing within the reJommen-
time that the Attorney General may specify, one-third of the dations
members of the panel shall be persons, other than members of
the Law Society of Upper Canada, who are jointly recom-
mended for appointment by the Attorney General and the
Solicitor General.
(8) Appointments to the panel shall be for a term of two Term
years and a person who is appointed may be reappointed for a
further term or terms not exceeding, in each instance, two
years.
(9) A member of the panel whose term expires without re- Continuance
appointment continues in office for the purpose of completing I,"na)mpieted
the work of a board of inquiry to which the member was assignments
assigned before the expiration of the term.
(10) Notwithstanding subsection 34 (1), the members of the Members of
Police Complaints Board, except the chairman, constituted complaints
under the Metropolitan Police Force Complaints Project Act, Board under
1981 shall act as members of boards of inquiry under this Act ^^^^' ^' ^^
until such time as the panel referred to in subsection (1) is
appointed and members of the Police Complaints Board
appointed from the groups set out in subsections 4 (4), (5) and
(6), respectively, of the Metropolitan Police Force Complaints
Project Act, 1981 shall be deemed to be recommended under
subsections (2), (3) and (6) of this section, respectively.
(11) The members of the panel shall be paid such remuner- JJf™"^"^"
ation and expenses as may be fixed by the Lieutenant Gover-
nor in Council.
ation
4 Bill 4 METRO. TORONTO POLICE FORCE COMPLAINTS 1989
6. Subsection 5 (1) of the said Act is amended by striking
out "Metropolitan Police Force" in the second and third lines
and inserting in lieu thereof "police force".
7. Subsection 6 (1) of the said Act is amended by striking
out "Metropolitan Toronto" in the second line and inserting in
lieu thereof "the designated municipality".
8. Subsection 11 (6) of the said Act is amended by adding
at the end thereof "the chief of police, the complainant and the
subject officer".
9. Subsection 14 (7) of the said Act is amended by inserting
after "higher" in the second line "or, if none, a senior officer
who is not a member of the police association".
10. Section 16 of the said Act is amended by striking out
"the officer may appeal" in the third line and inserting in lieu
thereof "any appeal therefrom shall be taken".
11. Section 21 of the said Act is repealed and the following
substituted therefor:
Report 21. — (1) Where, after making a review, the Commissioner
is of the opinion that a police practice or procedure should be
altered, the Commissioner shall report the opinion and any
recommendations to the board of commissioners of police of
the designated municipality or, where there is no board, the
council, to the chief of police and to the police association, if
any.
^^^"^ (2) Where, as a result of any matter dealt with under this
Act, the Commissioner is of the opinion that a practice or
procedure or law affecting the resolution or prevention of
public complaints should be altered or implemented, the
Commissioner shall report the opinion and any recommenda-
tions to the board of commissioners of police of the desig-
nated municipality or, where there is no board, the council, to
the chief of police and to the police association, if any.
Idem (3) Within ninety days of receiving a report under subsec-
tion (1) or (2), the board of commissioners of police or coun-
cil, as the case may be, shall forward the report along with
their comments and any comments submitted to them by the
chief of police or the police association, to the Attorney Gen-
eral, the Solicitor General and the Commissioner.
12. Subsection 22 (5) of the said Act is amended by insert-
ing after "subsection 4 (3)" in the fifth line "or (4), as the case
1989 METRO. TORONTO POLICE FORCE COMPLAINTS Bill 4
may be" and by striking out "4 (4)" in the seventh line and
inserting in Ueu thereof "4 (6) or (7), as the case may be".
13. — (1) Clause 23 (2) (b) of the said Act is amended by
striking out ' Vhere an appeal" in the first line and inserting in
lieu thereof ''in respect of an appeal that".
(2) Clause 23 (17) (a) of the said Act is amended by striking
out "Metropolitan Police Force" in the first and second lines
and inserting in lieu thereof ''police force".
(3) Clause 23 (17) (b) of the said Act is amended by striking
out "Metropolitan Police Force" in the first and second lines
and inserting in lieu thereof "police force".
(4) Subsection 23 (20) of the said Act is amended by striking
out "Metropolitan Board of Commissioners of Police" in the
first line and inserting in lieu thereof "board of commissioners
of police for the designated municipaUty or, where there is no
board, the council".
14. Subsection 26 (1) of the said Act is amended by striking
out "Metropolitan Police Force" in the second and third lines
and inserting in lieu thereof "police force".
15. Section 29 of the said Act is amended by striking out
"The Municipality of Metropolitan Toronto" in the second and
third lines and inserting in lieu thereof "a designated
municipality".
16. Section 31 of the said Act is amended by adding thereto
the following clause:
(ca) designating a municipality that has passed a by-law
under section 2a as a municipality to which this Act
applies.
17. Section 36 of the said Act is repealed and the followii^
substituted therefor:
36. The short title of this Act is the Police Force Com- short title
plaints Act, 1984.
18. This Act comes into force on the day it receives Royal commence-
Assent. "^"^
19. The short title of this Act is the Metropolitan Toronto Short tiue
Police Force Complaints Amendment Act, 1989.
Bill 5 (royerninent Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 5
An Act to amend the Education Act
The Hon. C. Ward
Minister of Education
1st Reading May 1st, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTE
The Bill provides the Minister with the power to make regulations to require boards
of education to establish and operate programs in languages other than French and
English.
Bins 1989
An Act to amend the Education Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Subsection 10 (1) of the Education Act, being chapter 129
of the Revised Statutes of Ontario, 1980, as amended by the
Statutes of Ontario, 1982, chapter 32, section 4, 1989, chapter
1, section 2 and 1989, chapter 2, section 2, is further amended
by adding thereto the following paragraph:
34. requiring boards to offer programs that deal with
languages other than English or French and gov-
erning the establishment and operation of such pro-
grams.
2. This Act comes into force on the day it receives Royal commence-
» , " " ment
Assent.
3. The short title of this Act is the Education Amendment short utie
Act, 1989.
Bills
!nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 5
(Chapter 33
Statutes of Ontario, 1989)
An Act to amend the Education Act
The Hon. C. Ward
Minister of Education
1st Reading May 1st, 1989
2nd Reading June 6th, 1989
3rd Reading July 13th, 1989
Royal Assent July 13th, 1989
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
Bins 1989
An Act to amend the Education Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Subsection 10 (1) of the Education Act, being chapter 129
of the Revised Statutes of Ontario, 1980, as amended by the
Statutes of Ontario, 1982, chapter 32, section 4, 1989, chapter
1, section 2 and 1989, chapter 2, section 2, is further amended
by adding thereto the following paragraph:
34. requiring boards to offer programs that deal with
languages other than English or French and gov-
erning the establishment and operation of such pro-
grams.
2. This Act comes into force on the day it receives Royal £°™™*""
Assent.
ment
3. The short title of this Act is the Education Amendment Short title
Act, 1989.
Bill 6 Private Member's Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 6
An Act to amend certain Statutes to create
Heritage Day and Civic Holiday as Public Holidays
Mr. Fleet
1st Reading May 4th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTE
The purpose of the Bill is to establish a new holiday in February to celebrate I
Heritage Day and to give official holiday status to Civic Holiday, the first Monday in
August.
The Bill also gives the Lieutenant Governor in Council the power to proclaim that
aspect of Canadian or Ontario heritage that will be celebrated each year.
Bill 6 1989
An Act to amend certain Statutes to create
Heritage Day and Civic Holiday as Public Holidays
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Clause 1 (1) of the Employment Standards Act, being
chapter 137 of the Revised Statutes of Ontario, 1980, as
amended by the Statutes of Ontario, 1989, chapter 4, section 1,
is repealed and the following substituted therefor:
(1) "public holiday" means New Year's Day, Heritage
Day, being the third Monday in February in each
year. Good Friday, Victoria Day, Canada Day,
Civic Holiday, being the first Monday in August in
each year, Labour Day, Thanksgiving Day and
Christmas Day.
2. Clause 1 (1) (a) of the Retail Business Holidays Act, being
chapter 453 of the Revised Statutes of Ontario, 1980, as re-
enacted by the Statutes of Ontario, 1989, chapter 3, section 1,
is amended by adding thereto the following subclauses:
(ia) Heritage Day, being the third Monday in
February in each year.
(iva) Civic Holiday, being the first Monday in
August in each year.
3. Paragraph 11 of section 30 of the Interpretation Act,
bemg chapter 219 of the Revised Statutes of Ontario, 1980, is
amended by striking out ''Dominion Day" in the fifth line and
inserting in lieu thereof "Heritage Day, being the third Mon-
day in February in each year, Canada Day, Civic Holiday,
bemg the first Monday in August in each year".
2 Bill 6 PUBLIC HOLIDAYS STATUTE LAW 1989
Proclamation 4, jhc Lieutenant Governor in Council may by proclama-
tion establish the particular aspect of the heritage of Canada or
Ontario to be commemorated each year on Heritage Day.
Commence- 5, xhis Act comes into force on the day it receives Royal
ment . .
Assent.
Short title 5. xhe short title of this Act is the Public Holidays Statute
Law Amendment Act, 1989.
Private Member's Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill?
An Act respecting Heritage Day
Mr. McLean
1st Reading May 4th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTE
The purpose of the Bill is to name the third Monday in the month of February
'Heritage Day" and to designate this day as a holiday in the Province of Ontario.
Bill? 1989
An Act respecting Heritage Day
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Where the third Monday in the month of February in Heritage
any year is proclaimed a public holiday in a municipality, the °^^
name of the holiday shall be Heritage Day.
2. Any Act, regulation, proclamation, contract or docu- other
ment that refers to a public holiday on the third Monday in '^^^'^"'="
the month of February shall be deemed to refer to Heritage
Day.
3. This Act comes into force on the day it receives Royal Commence-
Assent. '"'"'
4. The short title of this Act is the Heritage Day Act, 1989. short title
Bill 8 Private Member's Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bills
An Act to provide for the
Licensing of Motor Boat Operators
Mr. McLean
1st Reading May 8th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
The Bill, which applies only in respect of motor boats propelled by engines of at
least twenty-five horsepower, prohibits the operation of such a motor boat by any person
who does not have a motor boat operator's licence.
The Bill requires every person to carry a motor boat operator's licence while operat-
ing a motor boat to which the Bill applies and to produce it when requested to do so by
a police officer. If unable or unwilling to produce the licence, the motor boat operator is
required to give the police officer his or her correct name and address.
The Bill creates the offences of careless operation of a motor boat and impaired
operation of a motor boat.
A person who contravenes any of the provisions of the Bill or certain regulationSc
made under the Bill is liable to pay a fine not exceeding $1,000 and, in some cases, to
have his or her motor boat operator's licence suspended or revoked.
Bins 1989
An Act to provide for the
Licensing of Motor Boat Operators
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. In this Act, Definitions
"Minister" means the Minister of Transportation;
"prescribed" means prescribed by the regulations;
"regulations" means the regulations made under this Act.
2. This Act applies only in respect of motor boats pro- Application
pelled by engines of at least twenty-five horsepower.
3. No person shall operate a motor boat unless, ^'^^''^
•^ '^ licence
required
(a) he or she has a licence issued under subsection
4 (1); or
(b) he or she is a resident of another province, country
or state and has a licence issued by that province,
country or state authorizing the operation of a
motor boat.
4. — (1) The Minister or any person authorized in writing issuance of
by the Minister shall issue a motor boat operator's licence to ^^^^^^
any person who applies in accordance with the regulations,
pays the prescribed fee, and,
(a) is at least twelve years of age and has successfully
completed a motor boat operation course in accord-
ance with the regulations; or
(b) is at least sixteen years of age and has successfully
completed a written examination in accordance with
the regulations.
Bins
MOTOR BOAT OPERATORS' LICENSING
1989
Idem
(2) A person who is authorized by the Minister under sub-
section (1) to issue licences may retain, from the fee paid in
respect of each Ucence issued, an amount that is approved in
writing by the Minister.
Definition
5. — (1) In this section, "licence" means,
(a) a licence issued under subsection 4 (1); or
(b) with respect to a resident of another province,
country or state, a licence issued by that province,
country or state authorizing the operation of a
motor boat.
Operator to
carry licence
Operator to
identify self
(2) Every person shall carry his or her licence at all times
while operating a motor boat and shall produce it when
requested to do so by a police officer.
(3) Every person who is unable or refuses to produce a
licence in accordance with subsection (2) shall give his or her
correct name and address to the police officer upon request.
Arrest
without
warrant
(4) A police officer who on reasonable and probable
grounds believes that a person has contravened subsection (3)
may arrest the person without warrant.
Careless
operation
6. — (1) No person shall operate a motor boat without due
care and attention or without reasonable consideration for
others.
Impaired
operation
Offences and
fines
Suspension
and
revocation of
licences
(2) No person whose ability to operate a motor boat
impaired by alcohol or a drug shall operate a motor boat.
IS
m
7. — (1) Every person who contravenes section 3, 5 or 6 or
a regulation made under clause 8 (d) is guilty of an offence
and on conviction is liable to a fine not exceeding $1,000.
(2) In addition to any fine that may be imposed under sub-
section (1), the licence of any person who is convicted of con-
travening section 5 or 6 or a regulation made under clause
8 (d) may be suspended for a period of up to two years or
may be revoked.
Regulations g, xhe Lieutenant Governor in Council may make regu-
lations,
(a) providing for the periodic expiry and renewal of
motor boat operators' licences;
1989 MOTOR BOAT OPERATORS' LICENSING Bill 8 3
(b) establishing procedures for obtaining or renewing
motor boat operators' licences;
(c) prescribing fees for the issuance or renewal of
motor boat operators' licences;
(d) designating classes of motor boats that may not be
operated by persons under sixteen years of age;
(e) respecting motor boat operation courses to be com-
pleted by applicants for motor boat operators'
licences who are under the age of sixteen;
(f) respecting written examinations to be completed by
applicants for motor boat operators' licences who
are at least sixteen years of age.
9. This Act comes into force on the day it receives Royal Commence-
. ^ ment
Assent.
10. The short title of this Act is the Motor Boat Operators' short title
Licensing Act, 1989.
i
;U19 Private Member's Bill
OD SESSION, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 9
An Act to amend certain Statutes to create
Heritage Day and Civic Holiday as Public Holidays
Mr. Fleet
1st Reading May 10th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTE
The puqx)se of the Bill is to establish a new holiday in February to celebrate
Heritage Day and to give official holiday status to Civic Holiday, the first Monday in
August.
The Bill also gives the Lieutenant Governor in Council the power to proclaim that
aspect of Canadian or Ontario heritage that will be celebrated each year.
Bill 9 1989
An Act to amend certain Statutes to create
Heritage Day and Civic Holiday as Public Holidays
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Clause 1 (1) of the Employment Standards Act, being
chapter 137 of the Revised Statutes of Ontario, 1980, as
amended by the Statutes of Ontario, 1989, chapter 4, section 1,
is repealed and the following substituted therefor:
(1) "public holiday" means New Year's Day, Heritage
Day, being the third Monday in February in each
year. Good Friday, Victoria Day, Canada Day,
Civic Holiday, being the first Monday in August in
each year. Labour Day, Thanksgiving Day,
Christmas Day and the 26th day of December.
2. Clause 1 (1) (a) of the Retail Business Holidays Act, being
chapter 453 of the Revised Statutes of Ontario, 1980, as re-
enacted by the Statutes of Ontario, 1989, chapter 3, section 1,
is amended by adding thereto the following subclauses:
(ia) Heritage Day, being the third Monday in
February in each year.
(iva) Civic HoUday, being the first Monday in
August in each year.
3. Paragraph 11 of section 30 of the Interpretation Act,
bemg chapter 219 of the Revised Statutes of Ontario, 1980, is
amended by striking out ' 'Dominion Day" in the Hfth line and
mserting in lieu thereof ''Heritage Day, being the third Mon-
day in February in each year, Canada Day, Civic Holiday,
being the first Monday in August in each year".
2 Bill 9
Proclamatioii
Commence-
ment
Short title
PUBLIC HOLIDAYS STATUTE LAW
1989
4. The Lieutenant Governor in Council may by prociama- -
tion establish the particular aspect of the heritage of Canada or I
Ontario to be commemorated each year on Heritage Day.
5. This Act comes into force on the day it receives Royal
Assent.
6. The short title of this Act is the Public Holidays Statute
Law Amendment Act, 1989.
1
ill 10 Government Bill
ID SESSION, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 10
An Act to control Automobile Insurance Rates
The Hon. M. Elston
Minister of Financial Institutions
1st Reading May 11th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
©Queen's Printer for Ontario
EXPLANATORY NOTE
The purpose of the Bill is set out in the Preamble.
Bill 10
1989
An Act to control Automobile Insurance Rates
Whereas, pending the completion of the review of alternative Preamble
insurance products, it is desirable that legislation be enacted
to control premiums, as provided in this Act;
Therefore, Her Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1.— (1) In this Act,
Definitions
218, 198
"automobile insurance" has the same meaning as in section 1
of the Insurance Act, except that it does not include insur- ^•S;0. i980,
ance for any motor vehicle or trailer that may be operated
legally on a highway without a permit issued under section
7 of the Highway Traffic Act other than a motorized snow
vehicle;
"Board" means the Ontario Automobile Insurance Board;
"capped rate", means, in respect of a coverage under a con-
tract of automobile insurance, the lesser of,
(a) the premium that would have been charged for the
coverage for comparable risks for a term commenc-
ing on the 17th day of April, 1989 had the premium
been calculated using the rules, procedures and fac-
tors used by the insurer on that date, plus an
amount equal to 7.6 per cent of that premium,
(b) the premium that would be charged for the cover-
age for comparable risks using the Facility Associa-
tion rate in effect at the beginning of the term of
the contact;
'Facility Association rate" means the premium for a coverage
determined under the Plan of Operation of the Facility
Association under the Compulsory Automobile Insurance J^^X). i980,
Act;
83
Bill 10
AUTOMOBILE INSURANCE RATES
1989
R.S.O. 1980,
c. 218
Facility
Association
R.S.O. 1980,
c. 83
"insurer" means an insurer licensed under the Insurance Act
and carrying on the business of automobile insurance but
does not include an insurer whose licence is limited to con-
tracts of reinsurance; J
"regulations" means the regulations made under this Act.
(2) The Facility Association established under the Compul-
sory Automobile Insurance Act shall be deemed to be a person
for the purposes of this Act and any proceeding before the
Board or a court under this Act may be instituted by or
against it in its own name.
Rates capped 2. — (1) Exccpt as permitted by the regulations, no insurer
shall charge any premium for a coverage under a contract of
automobile insurance the term of which commences after the
31st day of May, 1989 that exceeds the capped rate for the
coverage.
Idem
Function of
Board
Information
Idem
(2) Except as permitted by this Act or the regulations, the
Facility Association shall not increase the Facility Association
rate in respect of any coverage.
3. The Board shall monitor for compliance with this Act.
4. — (1) An insurer shall make a return to the Board, in
such form and at such times as the Board may require, show-
ing such information with respect to rates charged by the
insurer in relation to contracts of automobile insurance
together with such other information concerning such rates
and contracts as the Board may require.
(2) Every return under subsection (1) shall be verified by
the statutory declaration of an officer of the insurer and the
declaration shall be in such form as the Board may specify.
Application 5. — (1) Scctions 2 to 18 of the Ontario Automobile Insur-
c.ST^' ance Board Act, 1988 apply with necessary modifications to
ss. 2-18 matters arising under this Act.
Non-appii- (2) Scction 33 of the Ontario Automobile Insurance Board
i^Tc^^is, Act, 1988 ceases to have effect until a day to be named by
s- 33 proclamation of the Lieutenant Governor.
Board orders (3) jhc ordcrs of the Board issued the 1st day of February,
1989, the 13th day of February, 1989 and the 16th day of
March, 1989 shall not take effect.
Facility 5, — (1) The Facility Association may increase the Facility
^jsociation ^ssociation rate in respect of any coverage under contracts of
1989
AUTOMOBILE INSURANCE RATES
Bill 10
automobile insurance by an amount not exceeding 7.6 per
cent of the Facility Association rate in effect on the 17th day
of April, 1989.
(2) The Facility Association shall file all rates that are
increased under subsection (1) with the Board before the rates
take effect.
Filing
(3) A rate increase under this section may apply only to Effective
contracts of automobile insurance, the terms of which com-
mence after the 31st day of May, 1989.
7. — (1) Every person who contravenes or fails to comply offences and
with this Act, the regulations or an order of the Board is ^^"^ '^^
guilty of an offence and on conviction is liable to a fine of not
more than $25,000, in the case of an individual, and not more
than $100,000, in any other case.
(2) If a corporation or the Facility Association contravenes Ponies
or fails to comply with this Act, the regulations or an order of
the Board, every officer or director thereof who authorizes,
permits or acquiesces in the contravention is a party to and
guilty of the offence and, on conviction, is liable to the pen-
alty provided for the offence whether or not the corporation
or FaciHty Association, as the case may be, has been prosecu-
ted or convicted.
(3) A prosecution for an offence under this Act shall not be Consent
instituted except with the consent in writing of the Board.
(4) A prosecution for an offence under this Act shall not be Limitation
instituted more than two years after the facts upon which the ^"°
prosecution is based first came to the knowledge of the
Board.
8. — (1) The Lieutenant Governor in Council may make Regulations
regulations,
(a) permitting insurers to increase their capped rates in
accordance with the regulations;
(b) exempting insurers and the Facility Association
from the requirements of this Act in respect of such
categories of automobile insurance, such coverages
or such classes of risk exposure as may be set out in
the regulations;
(c) permitting the Facility Association to increase Facil-
ity Association rates in accordance with the regu-
lations.
4 Bill 10 AUTOMOBILE INSURANCE RATES 1989
Idem (2) A regulation may be general or particular in its appli-
cation.
Conflict with 9, jf there is a conflict between a provision of this Act or
1988, c. 18 ^^ ^ regulation and a provision of the Ontario Automobile
Insurance Board Act, 1988 or an order of the Board under
that Act, the provision of this Act or of the regulation pre-
vails.
Repeal IQ. This Act is repealed on the earlier of,
(a) the 31st day of December, 1990; or
(b) a day to be named by proclamation of the Lieuten-
ant Governor.
Commence- u, xhis Act shall bc deemed to have come into force on
"""' the 17th day of April, 1989.
Short title \2, The short title of this Act is the Automobile Insurance
Rates Control Act, 1989.
4
k
UIO
) SESSION, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 10
(Chapter 34
Statutes of Ontario, 1989)
An Act to control Automobile Insurance Rates
The Hon. M. Elston
Minister of Financial Institutions
1st Reading May 11th, 1989
2nd Reading June 12th, 1989
3rd Reading July 13th, 1989
Royal Assent July 13th, 1989
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
Bill 10
1989
An Act to control Automobile Insurance Rates
Whereas, pending the completion of the review of alternative Preamble
insurance products, it is desirable that legislation be enacted
to control premiums, as provided in this Act;
Therefore, Her Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1.— (1) In this Act,
Definitions
"automobile insurance" has the same meaning as in section 1
of the Insurance Act, except that it does not include insur-
ance for any motor vehicle or trailer that may be operated
legally on a highway without a permit issued under section
7 of the Highway Traffic Act other than a motorized snow
vehicle;
R.S.O. 1980,
cc. 218, 198
"Board" means the Ontario Automobile Insurance Board;
"capped rate", means, in respect of a coverage under a con-
tract of automobile insurance, the lesser of,
(a) the premium that would have been charged for the
coverage for comparable risks for a term commenc-
ing on the 17th day of April, 1989 had the premium
been calculated using the rules, procedures and fac-
tors used by the insurer on that date, plus an
amount equal to 7.6 per cent of that premium,
(b) the premium that would be charged for the cover-
age for comparable risks using the Facility Associa-
tion rate in effect at the beginning of the term of
the contact;
'Facility Association rate" means the premium for a coverage
determined under the Plan of Operation of the Facility
Association under the Compulsory Automobile Insurance R so. i980.
Act', '■''
Bill 10
AUTOMOBILE INSURANCE RATES
1989
R.S.O. 1980,
c. 218
'insurer" means an insurer licensed under the Insurance Act
and carrying on the business of automobile insurance but
does not include an insurer whose licence is limited to con-
tracts of reinsurance;
Facility
Association
R.S.O. 1980,
c. 83
"regulations" means the regulations made under this Act.
(2) The Facility Association established under the Compul-
sory Automobile Insurance Act shall be deemed to be a person
for the purposes of this Act and any proceeding before the
Board or a court under this Act may be instituted by or
against it in its own name.
Rates capped 2. — (1) Except as permitted by the regulations, no insurer
shall charge any premium for a coverage under a contract of
automobile insurance the term of which commences after the
31st day of May, 1989 that exceeds the capped rate for the
coverage.
Idem
Function of
Board
Information
(2) Except as permitted by this Act or the regulations, the
Facility Association shall not increase the Facility Association
rate in respect of any coverage.
3. The Board shall monitor for compliance with this Act.
4. — (1) An insurer shall make a return to the Board, in
such form and at such times as the Board may require, show-
ing such information with respect to rates charged by the
insurer in relation to contracts of automobile insurance
together with such other information concerning such rates
and contracts as the Board may require.
(2) Every return under subsection (1) shall be verified by
the statutory declaration of an officer of the insurer and the
declaration shall be in such form as the Board may specify.
Application 5, — (1) Scctions 2 to 18 of the Ontario Automobile Insur-
?i8,^^' ance Board Act, 1988 apply with necessary modifications to
ss. 2-18 matters arising under this Act.
Idem
Non-appli-
cation of
1988, c. 18,
s. 33
Board orders
(2) Section 33 of the Ontario Automobile Insurance Board
Act, 1988 ceases to have effect until a day to be named by
proclamation of the Lieutenant Governor.
(3) The orders of the Board issued the 1st day of February,
1989, the 13th day of February, 1989 and the 16th day of
March, 1989 shall not take effect.
Facility 5, — (1) Xhe Facility Association may increase the Facility
^^ssociation Associatiou rate in respect of any coverage under contracts of
1989
AUTOMOBILE INSURANCE RATES
Bill 10
automobile insurance by an amount not exceeding 7.6 per
cent of the Facility Association rate in effect on the 17th day
of April, 1989.
(2) The Facility Association shall file all rates that are Fi'ins
increased under subsection (1) with the Board before the rates
take effect.
(3) A rate increase under this section may apply only to Effective
contracts of automobile insurance, the terms of which com-
mence after the 31st day of May, 1989.
7. — (1) Every person who contravenes or fails to comply offences and
with this Act, the regulations or an order of the Board is p^"^^'^^
guilty of an offence and on conviction is liable to a fine of not
more than $25,000, in the case of an individual, and not more
than $100,000, in any other case.
(2) If a corporation or the Facility Association contravenes P^rt'^s
or fails to comply with this Act, the regulations or an order of
the Board, every officer or director thereof who authorizes,
permits or acquiesces in the contravention is a party to and
guilty of the offence and, on conviction, is liable to the pen-
alty provided for the offence whether or not the corporation
or Facility Association, as the case may be, has been prosecu-
ted or convicted.
(3) A prosecution for an offence under this Act shall not be Consent
instituted except with the consent in writing of the Board.
(4) A prosecution for an offence under this Act shall not be Limitation
instituted more than two years after the facts upon which the ^^™
prosecution is based first came to the knowledge of the
Board.
8. — (1) The Lieutenant Governor in Council may make Regulations
regulations,
(a) permitting insurers to increase their capped rates in
accordance with the regulations;
(b) exempting insurers and the Facility Association
from the requirements of this Act in respect of such
categories of automobile insurance, such coverages
or such classes of risk exposure as may be set out in
the regulations;
(c) permitting the Facility Association to increase Facil-
ity Association rates in accordance with the regu-
lations.
4
Idem
Conflict with
1988, c. 18
Bill 10
AUTOMOBILE INSURANCE RATES
1989
Repeal
Commence-
ment
Short title
(2) A regulation may be general or particular in its appli-
cation.
9. If there is a conflict between a provision of this Act or
of a regulation and a provision of the Ontario Automobile
Insurance Board Act, 1988 or an order of the Board under
that Act, the provision of this Act or of the regulation pre-
vails,
10. This Act is repealed on the earlier of,
(a) the 31st day of December, 1990; or
(b) a day to be named by proclamation of the Lieuten-
ant Governor,
11. This Act shall be deemed to have come into force on
the 17th day of April, 1989.
12. The short title of this Act is the Automobile Insurance
Rates Control Act, 1989.
Ull
Private Member's Bill
) SESSION, 34th LEGISLATURE, ONTARIO
38 ELIZABETH II, 1989
BiUll
An Act to amend the
Change of Name Act,
1986
Mr. Fleet
'st Reading
id Reading
rd Reading
yyal Assent
May nth, 1989
Printed under authority of the
Legislative Assembly by the
®Queen's Printer for Ontario
Projet de loi 11
d'interet prive
2^ SESSION, 34= LEGISLATURE, ONTARIO
38 ELIZABETH II, 1989
Projet de loi 11
Loi portant modification de la
Loi de 1986 sur le
changement de nom
M. Fleet
r^ lecture
2^ lecture
3^ lecture
sanction royale
llmail989
Imprime avec I'autorisation
de I'Assemblee legislative par
®rimprimeur de la Reine pour I'Ontario
EXPLANATORY NOTE
The Act provides that when a spouse whose birth was registered in Ontario changes
his or her surname as a result of marriage, his or her birth certificate is to be changed
accordingly. The purpose of the Bill is to repeal that provision.
NOTE EXPLICATIVE
La loi prevoit que lorsqu'un conjoint dont la naissance a 6t6 enregistree en Ontario
change son nom de famille par suite d'un manage, son certificat de naissance doit etre
modifi6 en consequence. L'objet du projet de loi est d'abroger cette disposition.
Bill 11
CHANGE OF NAME
1989
BiUll
1989
An Act to amend the
Change of Name Act, 1986
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
Certificate
Commence-
ment
Short title
1. Clause 2 (1) (a) of the Change of Name Act, 1986, being
chapter 7, is repealed and the following substituted therefor:
(a) a person whose birth is registered in Ontario is
entitled to be recognized by,
(i) the name appearing on the person's change of
name certificate, if the person's name has
been changed under section 3 of this Act, or
(ii) in all other cases, the name appearing on the
person's birth certificate or change of name
certificate,
unless clause (c) applies,
2. Subsection 3 (4) of the said Act is repealed and thi
following substituted therefor:
(4) On receiving the fee and documents, the Registrar;
General shall register the change of name and issue a change
of name certificate to the person.
3. Section 9 of the said Act is amended by striking out
''new birth certificate" in the sixth line and inserting in lieu
thereof *'birth certificate showing the new name".
4. This Act comes into force on the day it receives Royal
Assent.
5. The short title of this Act is the Change of Name Amend-
ment Act, 1989.
1989 CHANGEMENT DE NOM
Projetdeloill 1989
Loi portant modification de la
Loi de 1986 sur le changement de nom
SA MAJESTE, sur I'avis et avec le consentement de
I'Assemblee legislative de la province de 1' Ontario, decrete ce
qui suit :
1 L'alinea 2 (1) a) de la Loi de 1986 sur le changement de
nom, qui constitue le chapitre 7, est abroge et remplace par ce
qui suit :
a) la personne dont la naissance a ete enregistree en
Ontario a le droit d'etre connue :
(i) sous le nom qui figure dans son certificat de
changement de nom, si le nom de la personne
a ete change en vertu de I'article 3 de la pre-
sente loi,
(ii) sous le nom qui figure dans son certificat de
naissance ou de changement de nom, dans
tous les autres cas,
h moins que I'alinea c) ne s'applique.
2 Le paragraphe 3 (4) de cette loi est abroge et remplace
par ce qui suit :
(4) Lorsqu'il regoit les droits et les documents, le registraire Certificat
general enregistre le changement de nom et delivre a la per-
sonne un certificat de changement de nom.
3 L'article 9 de cette loi est modifle par substitution, aux
mots «nouveau certiHcat de naissance» a la quatrieme ligne,
des mots «certificat de naissance dans lequel figure le nouveau
nom».
4 La presente loi entre en vigueur le jour ou elle recoit la ^/itree en
sanction royale. ^
5 Le titre abrege de la presente loi est Loi de 1989 modifiant Titre abrege
la Loi sur le changement de nom.
J
Bill 12 Private Member's Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 12
An Act respecting Environmental Rights in Ontario
Mrs. Grier
1st Reading May 15th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
® Queen's Printer for Ontario
EXPLANATORY NOTE
The purpose of the Bill is to provide for environmental rights in Ontario. The Bill
permits an action to be brought in the Supreme Court of Ontario by any person for the
protection of the environment. The Bill also provides for public notice and review of cer-
tain approvals, permits or other environment-related orders before the approvals, permits
or orders come into force, and for regular review by the Environmental Assessment
Board of all regulations affecting the environment. In addition, the Bill prohibits an
employer from dismissing an employee who reports to any person an act that contami-
nates or degrades the environment.
The Bill also amends the Environmental Protection Act to expand the scope of the
protection provided to employees who refuse to pollute, by adding several statutes to the
list set out in subsection 134b (2) of that Act.
Bill 12 1989
An Act respecting Environmental Rights in Ontario
WHEREAS a healthy and sustainable environment is the Preamble
basis of the health and well-being of the people of Ontario;
AND WHEREAS the environment of Ontario is under
stress from contamination and degradation;
AND WHEREAS the people of Ontario face substantial
obstacles to their ability to participate in environmental deci-
sion-making and to protect their common interest in a healthy
and sustainable environment;
AND WHEREAS it is desirable to remove these obstacles
and ensure the important role of the people of Ontario and
their government in securing a healthy environment for pres-
ent and future generations;
AND WHEREAS it is desirable to conserve and maintain
the resources of the Province for the benefit of present and
future generations;
Therefore, Her Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows:
PARTI
INTERPRETATION AND PURPOSE
1. In this Act, Definitions
"Board" means the Environmental Assessment Board estab-
lished under the Environmental Assessment Act; R s.o. i980,
c. 140
"contaminant" means any soHd, liquid, gas, odour, heat,
sound, vibration, radiation or combination of any of them
resulting directly or indirectly from the activities of people
which may.
Bill 12 ONTARIO ENVIRONMENTAL RIGHTS 1989
(a) impair the quality of the environment or the public
trust therein for any use that can be made of it,
(b) cause injury or damage to property or to plant or
animal life,
(c) cause harm or material discomfort to any person,
(d) adversely affect the health or impair the safety of
any person,
(e) render any property or plant or animal life unfit for
use by people,
(f) cause loss of enjoyment of normal use of property,
or
(g) interfere with the normal conduct of business,
and "contaminate" and "contamination" have correspond-
ing meanings;
"Court" means the Supreme Court of Ontario;
"degradation" means any destruction or significant decrease
in the quality of the environment or the public trust therein
other than a change resulting from contamination and
"degrade" has a corresponding meaning;
"environment" means,
(a) air, land or water,
(b) plant and animal life, including people,
(c) the social, economic and cultural conditions that
influence the life of people or a community,
(d) any building, structure, machine or other device or
thing made by people,
(e) any solid, liquid, gas, odour, heat, sound, vibration
or radiation resulting directly or indirectly from the
activities of people, or
(f) any part or combination of the foregoing and the
inter-relationships between any two or more ofj
them,
in or of Ontario;
1989 ONTARIO ENVIRONMENTAL RIGHTS Bill 12 3
"Minister" means the Minister of the Environment;
"public trust" means the collective interest of residents of the
Province of Ontario in the quality of the environment and
the protection thereof and the heritage therein for future
generations;
"regulation" means a regulation made under an Act hsted in
the Schedule to this Act.
2. The purpose of this Act is to ensure the health and Purpose
sustainability of the environment of Ontario and, in partic-
ular,
(a) to facilitate the participation of the people of
Ontario in decisions affecting the environment and
their ability to protect their common interest in a
healthy and sustainable environment;
(b) to recognize the right of the people of Ontario to an
environment that is adequate for their health and
well-being and sustainable into the future; and
(c) to recognize the obligations of the Province of
Ontario to conserve and maintain the resources of
the Province for present and future generations.
3. — (1) The people of Ontario have a right to a healthy Environ-
and sustainable environment, including clean air and water, to ""^"^^ ^
the conservation of the natural, scenic, historic and aesthetic
values of the environment, and to the protection of ecosys-
tems and biological diversity.
(2) The Province of Ontario, as trustee of Ontario's public Wem
lands, waters and natural resources, shall conserve and main-
tain them for the benefit of present and future generations.
(3) It is hereby declared that it is in the public interest to Declaration
provide every person with an adequate remedy to protect and
conserve the environment and the public trust therein from
contamination and degradation.
4. — (1) A person who considers that the environment is Request for
being contaminated or degraded may in writing, specifying the '"^^^*'s^*'°"
nature of the contamination or degradation, request that the
Minister investigate the alleged contamination or degradation.
(2) Where the Minister receives a written request under written
subsection (1) and is satisfied that the request is made in good '^^^"^^^
faith and is not frivolous, the Minister shall make, or cause to
Bill 12
ONTARIO ENVIRONMENTAL RIGHTS
1989
Report
be made, any investigation that he or she considers necessary
of the alleged contamination or degradation, its source, its
effect on the environment and of any advisable remedial
action.
(3) The Minister shall provide a copy of the report of the
investigation to the person who requested the investigation
within ninety days of the date of the request.
PART II
Right of
action
Idem
Court may
determine
standard
Judicial
review
Citizen suit
Idem
CAUSE OF ACTION
5. — (1) If an activity has contaminated or degraded, or is
likely to contaminate or degrade, the environment, any per-
son may commence an action in the Court against any person
who is responsible for the activity.
(2) Subsection (1) applies without any requirement that th<
person commencing the action allege or establish that then
has been, is or will be an infringement of an approval, permit
licence, standard, regulation, rule or order established by o
under an Act listed in the Schedule.
(3) In an action commenced under this section, if the activ
ity complained of is not governed by a standard estabUshe(
under an Act listed in the Schedule, the Court may hear evi
dence as to the standard, if any, that should apply to the
defendant, having regard to the purposes of this Act, and the
Court may order the defendant to comply with such standard
as it may determine.
(4) If an activity has contaminated or degraded, or is likely
to contaminate or degrade, the environment, any person may
apply for judicial review of the exercise or non-exercise of any
power or the fulfilment or non-fulfilment of any duty confer-
red or imposed by any Act on the Minister of the Environ-
ment or any other Minister responsible for regulatory, fiscal
or proprietary control of the activity.
6. — (1) Any person may commence an action in the Court
against any person who appears to be in violation of any Act
listed in the Schedule or of any approval, permit, licence,
standard, regulation, rule or order established under an Act
listed in the Schedule.
(2) No action under subsection (1) shall be commenced if
the responsible Ministry is diligently pursuing enforcement
action against the potential defendant.
1989
ONTARIO ENVIRONMENTAL RIGHTS
Bill 12
(3) Damages payable under this section shall be paid to the ^'•^'"
Government of Ontario.
7. Any person may apply for judicial review under subsec- standing
tion 5 (4) or may bring an action to enforce the public's
responsibility to protect the environment, including an action
in nuisance or an action under section 5.
8. In the trial of an action commenced under this Act, the security for
Court shall not order the posting of security for costs in an
amount in excess of $1,000.
9. — (1) If the activity of the defendant that is the subject- Onus
matter of an action is not governed by a standard established
under an Act listed in the Schedule or under subsection 5 (3)
and if the plaintiff has established that the activity of the
defendant has contaminated or degraded, or is likely to con-
taminate or degrade, the quality of the environment, the onus
shall be on the defendant to establish that there is no feasible
and prudent alternative to the activity and that such activity is
in the best interests of the public having regard to the pur-
poses of this Act.
(2) It shall be a defence to an action commenced under this Defence
Act that the activity of the defendant is authorized by a stan-
dard established by or under an Act listed in the Schedule
unless the plaintiff can establish, on a balance of probabilities,
that the activity has caused, or is likely to cause, severe or
irreparable contamination or degradation to the environment.
(3) It shall not be a defence to an action commenced under
this Act that,
(a) the defendant is not the sole cause of the alleged or
potential contamination or degradation; or
(b) it cannot be established that the contaminant which
the defendant discharged or deposited or permitted
to be discharged or deposited was the cause, in fact,
of the contamination or degradation of the environ-
ment or the public trust therein, if the effect on the
environment is of a nature consistent with the con-
taminant or source of degradation being a cause.
10. In an action commenced under this Act, if it has been
established that the activity of the defendant has contaminated
or degraded, or is likely to contaminate or degrade, the envi-
ronment, the Court may grant either an interim or permanent
injunction, order the defendant to remedy any damage caused
by the defendant's activity, award damages, impose conditions
Prohibited
defences
Injunction,
etc.
Bill 12
ONTARIO ENTVIRONMENTAL RIGHTS
1989
on the defendant or make such other order as the Court may
consider is necessary.
Reference u. — (1) The Court may, on the motion of any party or on
its own motion, refer any question, except the final determi-
nation of the issue, to the Board and the Court may also grant
an interim injunction or such other temporary relief as the
Court considers necessary for the protection of the environ-
ment or the public trust therein pending final determination of
the issue.
Order
Expert
Costs
(2) When the Board has completed its review and consider-
ation of the question referred to it under subsection (1), the
Board shall make recommendations concerning the matter in
question to the Court, and the Court shall review the recom-
mendations and make such order as it considers appropriate
under section 10.
12. — (1) In any action under this Act, the Court may
appoint an expert, who shall be a disinterested person and
qualified as an expert in the relevant field, to give technical
and scientific testimony under oath.
(2) The Court may order that the costs of the expert be
paid in such manner and by such persons as the Court consid-
ers appropriate,
PART III
CLASS ACTIONS
Class actions
Idem
13. — (1) In an action under this Act, the Court may by
order permit one or more persons to act as representatives of
a class of persons if, in the opinion of the Court,
(a) a question arises in the proceeding that is common
to each member of the class;
(b) the material facts giving rise to the claim for relief
of the representatives are similar or related to the
material facts giving rise to a claim for relief of the
members of the class; and
(c) the representatives are acting in good faith and in
the interests of the class.
(2) For the purposes of clause (1) (b), material facts relat-
ing to different transactions or events or contracts shall not be
taken to be dissimilar or unrelated for that reason alone.
1989
ONTARIO ENVIRONMENTAL RIGHTS
Bill 12
(3) The Court may provide in the judgment of a class Judgment
action for subsequent determination of the amount and distri-
bution of damages assessed against the defendant.
(4) If damages payable to members of the class remain Uncollected
uncollected for more than 120 days after payment by the ^^'"^^^^
defendant into the Court, the amount of the uncollected dam-
ages shall be applied in such manner as the Court may order.
PART IV
INSTRUMENTS AND REGULATIONS
14.— (1) In this Part, Definitions
"appropriate board" means any board, tribunal or commis-
sion established by an Act listed in the Schedule empow-
ered to hold hearings with respect to a matter relating to
such Act, and where no such board exists, the Board;
"instrument" means any licence, permit, approval, certificate
of approval, program approval, control order or other
order made under an Act listed in the Schedule that would
permit a person to contaminate or degrade the environ-
ment;
"proper authority" means any authority under an Act listed in
the Schedule empowered to issue an instrument.
(2) Despite any other Act, no instrument is effective unless Effect of
the requirements of this section have been met. contravention
(3) If a new instrument or a revision to an existing instru-
ment is proposed, the proper authority shall give notice of the
proposal by publishing it in The Ontario Gazette, and in two
newspapers having general circulation throughout the Prov-
ince of Ontario.
Notice of
proposed
instrument
(4) Any person may, within thirty days of the giving of submissions
notice or within such longer time as may be stated in the
notice.
(a) make written submissions to the proper authority
with respect to the proposed provisions of the
instrument; and
(b) by written notice to the proper authority, request a
hearing by the appropriate board with respect to the
proposed provisions of the instrument.
8
Idem
Idem
Bill 12
ONTARIO ENVIRONMENTAL RIGHTS
1989
Idem
When
instrument
may be
issued
Idem
Review of
instrument
Notice of
hearing
(5) The proper authority shall review any written submis-
sions and shall respond in writing to the issues raised therein
within a reasonable period of time.
(6) If a request for a hearing has been made, the proper
authority shall refer the matter to the appropriate board
unless, in its opinion, the request is not made in good faith or
is frivolous or is made only for the purpose of delay.
(7) If the proper authority has declined to refer the matter
to the appropriate board under subsection (6), it shall give
notice of its decision, together with written reasons therefor.
(8) If there is no request for a hearing under subsection (4),
the proper authority may issue the proposed instrument not
less than ten days after the time for filing such notice has
elapsed.
(9) If there is a request for a hearing under subsection (4
but the proper authority declines to refer the matter to th(
relevant board, the proper authority may issue the proposes
instrument not less than twenty days after the time for filin
such notice has elapsed.
(10) Any person may apply to the Board for a review of a]
existing instrument in respect of the adequacy of the instru
ment to protect the environment and the public trust thereii
from contamination or degradation, having particular regard
to technological advances that can be applied in the Province
of Ontario, and the Board shall hear the application where a
prima facie case has been made that the instrument should be
amended or revoked.
(11) Where the appropriate board holds a hearing under
subsection (6) or (10), the appropriate board shall,
(a) appoint a time and place for the hearing at a city or
town convenient to persons likely to be affected by
the contamination or degradation;
(b) cause notice to be given of the hearing,
(i) to the proper authority,
(ii) to any person who submitted notice to the
proper authority under subsection (4),
(iii) to any person who submitted notice to the
Board under subsection (10), and
1989
ONTARIO ENVIRONMENTAL RIGHTS
Bill 12
(iv) to any person that the appropriate board may
direct; and
(c) publish notice of the hearing in The Ontario Gazette
and in two newspapers having general circulation
throughout the Province of Ontario,
(12) Subject to this Act, any hearing initiated under this Procedure
section shall be conducted according to the rules and proce-
dures that apply to the appropriate board.
(13) The appropriate board may make such order as to Costs
costs as it considers just.
(14) Upon the completion of the hearing, the appropriate
board may make such recommendation, order or decision in
respect of the matter referred to it under this section as the
appropriate board is empowered to make under its enabling
Act.
Recommen-
dation, etc.
(15) The proper authority may, in an emergency situation. Emergencies
issue an instrument under an Act listed in the Schedule with-
out complying with the other provisions of this section, but
such an instrument shall cease to be effective sixty days from
the date on which it is issued.
15. — (1) In this section, "regulation-making authority" Notice of
means any authority empowered to make any regulation reg^tLn
under an Act listed in the Schedule.
(2) Where a regulation-making authority proposes to make Publication
a regulation that may affect the environment, it shall cause
the proposed regulation to be published in The Ontario
Gazette at least sixty days before it proposes to file the regu-
lation with the Registrar of Regulations and shall request
briefs or submissions in relation to the proposed regulation.
(3) The regulation-making authority shall review and con- Review of
sider the submissions received within the sixty-day period and ^" ™^^'°"^
shall respond in writing to the issues raised therein within a
reasonable period of time.
(4) A regulation filed in contravention of subsection (2) Effect of
A^ ^ • ^ ec ^ contravention
does not come mto effect.
16. — (1) In 1989 and every fifth year thereafter, the Board J^^^fjj^^^^
shall review all regulations that relate to the quality of the "^^^uations
environment having regard to their adequacy to protect the
environment and the public trust therein from contamination
10
Bill 12
ONTARIO ENVIRONMENTAL RIGHTS
1989
and degradation, having particular regard to technological
advances that can be applied in the Province of Ontario.
Public notice (2) The Board shall give public notice of the review and,
during the review, may receive public submissions and evi-
dence to the extent and in the manner that it considers appro-
priate.
Report (3) Upon Completion of the review, the Board shall make a
report thereon to the Minister, including any recommended
changes to the regulations, and the Minister, after receiving
the report, shall then lay the report before the Assembly if it
is in session or, if not, at the commencement of the next
session.
No discipline,
dismissal,
etc., by
employer
PARTY
EMPLOYEE RIGHTS
17. — (1) No employer shall,
(a) dismiss or threaten to dismiss an employee;
(b) discipUne or suspend an employee;
(c) impose any penalty upon an employee; or
(d) intimidate or coerce an employee,
because the employee has reported or proposes to report to
any person an act that contaminates or degrades the environ-
ment.
Complaint (2) A pcrson Complaining of a contravention of subsection
(1) may file the complaint in writing with the Ontario Labour
Relations Board,
Application (3) Subsectious 134b (4) to (15) of the Environmental
R.s.o. 1980, Protection Act apply with necessary modifications to a com-
c. 141
plaint under subsection (2).
PART VI
Other
remedies
preserved
Conflict
MISCELLANEOUS
18. Nothing in this Act affects any other remedies avail-
able at law.
19. If there is a conflict between any provision of this Act
and any other Act, the provision of this Act prevails.
1989 ONTARIO ENVIRONMENTAL RIGHTS Bill 12 H
20. This Act binds the Crown. Crown
21. Subsection 134b (2) of the Environmental Protection
Act, being chapter 141 of the Revised Statutes of Ontario,
1980, as enacted by the Statutes of Ontario, 1983, chapter 52,
section 22, is amended by striking out *'or" at the end of
clause (h) and by adding thereto the following clauses:
(j) the Conservation Authorities Act; R s.o. i980,
^"•^ ' c. 85
(k) the Consolidated Hearings Act, 1981; i98i, c. 20
(1) the Drainage Act; R.s.o. i980,
c. 126
(m) the Lakes and Rivers Improvement Act; R so. 1980,
c. 229
(n) the Mining Act; R.s.o. i980,
c. 268
(o) the Niagara Escarpment Planning and Development R so. i980,
Act; ''■ 316
(p) the Ontario Waste Management Corporation Act, i98i, c. 21
1981;
(q) the Pits and Quarries Control Act; or R.s.o. i980,
c. 378
(r) the Planning Act, 1983, i983, c. 1
22. This Act comes into force on the day it receives Royal Commence-
Assent. ""^"^
23, The short title of this Act is the Ontario Environ- short title
mental Rights Act, 1989.
SCHEDULE
Conservation Authorities Act
Consolidated Hearings Act, 1981
Drainage Act
Environmental Assessment Act
Environmental Protection Act
Lakes and Rivers Improvement Act
Mining Act
Niagara Escarpment Planning and Development Act
12 Bill 12 ONTARIO ENVIRONMENTAL RIGHTS 1989
Ontario Waste Management Corporation Act, 1981
Ontario Water Resources Act
Pesticides Act
Pits and Quarries Control Act
Planning Act, 1983
BiU 13 Private Member's BOl
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 13
An Act respecting Environmental Rights in Ontario
Mrs. Grier
1st Reading November 9th, 1987
2nd Reading
3rd Reading
Royal Assent
Continued from the 1st Session by an Order of the
Legislative Assembly of March 2nd, 1989.
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTE
The purpose of the Bill is to provide for environmental rights in Ontario. The Bill
permits an action to be brought in the Supreme Court of Ontario by any person for the
protection of the environment. The Bill also provides for public notice and review of cer-
tain approvals, permits or other environment- related orders before the approvals, permits
or orders come into force. Other provisions of the Bill provide for public access to
information relating to environmental decisions and for regular review by the Environ-
mental Assessment Board of all regulations affecting the environment. The Bill also per-
mits the Lieutenant Governor in Council to establish a fund to assist persons and public
interest groups for the purpose of ensuring that points of view representative of signifi-
cant bodies of opinion are adequately represented in environmental proceedings.
BiU 13 1989
An Act respecting Environmental Rights in Ontario
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
PARTI
INTERPRETATION AND PURPOSE
1. In this Act, Definitions
"Board" means the Environmental Assessment Board estab-
lished under the Environmental Assessment Act; R.s.o. 1980,
' c. 140
"contaminant" means any solid, liquid, gas, odour, heat,
sound, vibration, radiation or combination of any of them
resulting directly or indirectly from the activities of people
which may,
(a) impair the quality of the environment or the public
trust therein for any use that can be made of it,
(b) cause injury or damage to property or to plant or
animal life,
(c) cause harm or material discomfort to any person,
(d) adversely affect the health or impair the safety of
any person, or
(e) render any property or plant or animal life unfit for
use by people,
and "contamination" has a corresponding meaning;
"Court" means the Supreme Court of Ontario;
"degradation" refers to any destruction or significant decrease
in the quality of the environment or the public trust therein
Bill 13
ENVIRONMENTAL RIGHTS IN ONTARIO
1989
Environ-
mental
rights
Idem
Declaration
Other than a change resulting from contamination and
"degrade" has a corresponding meaning;
"environment" means,
(a) air, land or water,
(b) plant and animal life, including people,
(c) the social, economic and cultural conditions that
influence the life of people or a community,
(d) any building, structure, machine or other device or
thing made by people,
(e) any solid, liquid, gas, odour, heat, sound, vibration
or radiation resulting directly or indirectly from the
activities of people, or
(f) any part or combination of the foregoing and the
inter-relationships between any two or more of
them,
inor of Ontario;
"Minister" means the Minister of the Environment;
"public trust" means the collective interest of residents of the
Province of Ontario in the quality of the environment and
the protection thereof and the heritage therein for future
generations;
"regulation" means a regulation made under an Act listed in
the Schedule to this Act.
2. — (1) The people of Ontario have a right to clean air,
pure water and the preservation of the natural, scenic, historic
and aesthetic values of the environment.
(2) Ontario's public lands, waters and natural resources are
the common property of all the people, including generations
yet to come, and, as trustee of those lands, waters and
resources, the Government of Ontario shall conserve and
maintain them for the benefit of present and future genera-
tions.
(3) It is hereby declared that it is in the public interest to
provide every person with an adequate remedy to protect and
conserve the environment and the public trust therein from
contamination and degradation.
1989
ENVIRONMENTAL RIGHTS IN ONTARIO
Bill 13
3. — (1) A person who considers that the environment is Request for
being contaminated or degraded may in writing, specifying the '"^^^^'^ation
nature of the contamination or degradation, request that the
Minister investigate the alleged contamination or degradation.
(2) Where the Minister receives a written request under
subsection (1) and is satisfied that the request is made in good
faith and is not frivolous, the Minister shall make, or cause to
be made, any investigation that he or she considers necessary
of the alleged contamination or degradation, its source, its
effect on the environment and of any advisable remedial
action.
Written
request
(3) Upon an investigation referred to in subsection (2) Report
being completed, the Minister shall provide a copy of the
resulting report to the person who requested the investigation.
PART II
CAUSE OF ACTION
4. — (1) Where an activity has contaminated or degraded R'?''* °^
or an activity is likely to commence, is commencing or is con-
tinuing that threatens to contaminate or degrade the environ-
ment, any person may commence an action in the Supreme
Court of Ontario, without having to show any greater or dif-
ferent right, harm or interest than that of other members of
the public or any pecuniary or proprietary right or interest in
the subject-matter of the proceedings, against,
(a) any person who is responsible for the activity; and
(b) any Minister responsible for regulatory, fiscal or
proprietary control of the activity.
(2) Subsection (1) applies without any requirement that the ^'^^"^
person commencing the action allege or establish that there
had been an infringement of an approval, permit, licence,
standard, regulation, rule or order established by or under an
Act listed in the Schedule.
(3) In an action commenced under this section, if the activ- Jo""^ ^^y
ity complained of is not governed by any legally established standard^
standard, the Court may hear evidence as to the standard, if
any, that should apply to the defendant, having regard to,
(a) the right of the people of Ontario to the protection
of the environment and the public trust therein
against contamination or degradation;
Bill 13
ENVIRONMENTAL RIGHTS IN ONTARIO
1989
(b) the fulfillment of the widest range of beneficial uses
of the environment without contamination or degra-
dation; and
(c) the achievement of a balance between population
and resource use that will permit high standards of
living and a wide sharing of life's amenities,
and the Court may order the defendant to comply with such
standard as it may determine.
Security 5, — (1) At any time prior to a trial of the issue in any
o7 damages action commcnccd under this Act, any defendant or third
party may apply to the Court for an order requiring the per-
son bringing the action to post security for costs or damages.
Notice
Limitation
on order
Onus
(2) An application under subsection (1) shall be on notice^
to all parties and the Court may hear argument concerning the
application from any party as to,
(a) the seriousness of the offence or harm alleged;
(b) the consequences to the defendant of the ordej
sought; or
(c) any other matter that the Court considers relevai
to the posting of security for costs or damages.
(3) Upon the completion of the hearing referred to in sub-
section (2), if the Court is satisfied that the person bringing
the action,
(a) has a prima facie case to bring before the Court;
and
(b) is bringing the action for the protection of the envi-
ronment or the public trust therein,
the Court shall not order the posting of security for costs or
damages in an amount in excess of $500.
6. — (1) Where the activity of the defendant that is the
subject-matter of an action is not governed by a standard
established by or under an Act listed in the Schedule or pur-
suant to subsection 3 (3) and where the plaintiff has estab-
lished that the activity of the defendant has contaminated or
degraded or is likely to contaminate or degrade the quality of
the environment, the onus shall be on the defendant to estab-
lish in defence that there is no feasible and prudent alternative
to the defendant's activity and that such activity is in the best
1989
ENVIRONMENTAL RIGHTS IN ONTARIO
Bill 13
interests of the public having regard to the matters set out in
subsection 4 (3).
(2) It shall be a defence to an action commenced under this Defence
Act that the activity of the defendant that is the subject-
matter of this action is authorized by a standard established by
or under an Act listed in the Schedule unless the plaintiff can
establish, on a balance of probabilities, that the activity has
caused or is likely to cause severe or irreparable contamina-
tion or degradation to the environment.
(3) It shall not be a defence to an action commenced under Prohibited
*u- A * *u * defences
this Act that,
(a) the defendant is not the sole cause of the alleged or
potential contamination or degradation; or
Injunction,
etc.
(b) it cannot be established that the contaminant which
the defendant discharged or deposited or permitted
to be discharged or deposited was the cause, in fact,
of the contamination or degradation of the environ-
ment or the public trust therein, where the effect on
the environment is of a nature consistent with the
contaminant or source of degradation being the
total or partial, immediate or mediate cause.
7. In an action commenced under this Act, where it has
been established that the activity of the defendant has contam-
inated or degraded or is likely to contaminate or degrade the
environment, the Court may grant either an interim or per-
manent injunction, order the defendant to remedy any dam-
age caused by his activity, award damages, impose conditions
on the defendant or make such other order as the Court may
consider is necessary.
8. — (1) The Court may,
(a) on the motion of any party; or
(b) on its own motion,
refer any question or questions, except the final determination
of the issue in question, to the Board as the Court may con-
sider appropriate and the proceedings before the Board shall
be conducted in accordance with and subject to the provisions
of the Statutory Powers Procedure Act and when so referring, RS.o. i980,
the Court may also grant an interim injunction or such other
temporary relief as the Court considers necessary for the pro-
tection of the environment or the public trust therein pending
Reference
6 Bill 13 ENVIRONMENTAL RIGHTS IN ONTARIO 1989
final determination of the issue and, in so referring, the Court
shall retain jurisdiction of the action.
Order (2) When the Board has completed its review and consider-
ation of the question referred to it under subsection (1), the
Board shall make recommendations concerning the matter in
question to the Court, and the Court shall review the recom-
mendations and make such order as it considers appropriate
under section 7.
Inspector 9. — (1) In any action under this Act, the Court may
appoint an inspector, who shall be a disinterested person and
qualified as an expert in the relevant field, to take technical
and scientific testimony under oath and make a record thereof
and the inspector shall report his or her findings and opinion
thereon to the Court without prejudice to the right of any
party to examine the inspector or any person who has given
testimony to the inspector.
Costs (2) The Court may order that the costs of the inspector be
paid in such manner and by such persons as the Court consid-
ers appropriate.
PART III
PARTIES, INTERVENORS AMICUS CURIAE, CLASS ACTIONS
Parties, JQ. Whenever a proceeding before any board, tribunal,
^^*^" commission or court, or any appeal or review thereof, is
authorized under the provisions of this Act or an Act listed in
the Schedule, the board, tribunal, commission or court may
permit any person to join as a party, intervenor or amicus
curiae to the proceeding, appeal or review as the board, tribu-
nal, commission or court may consider appropriate having
regard to the purpose of this Act.
actions
Class 11, — (1) In an action under this Act, the Court may by
order permit one or more persons to act as representatives ot
a class of persons where, in the opinion of the Court,
(a) the claims of the representative party are typical of
the claims of the class;
(b) the questions of law or fact common to the mem-
bers of the class predominate over any questions
affecting only individual members;
(c) a class action is superior to other available methods
for the fair and efficient adjudication of the contro-
versy; and
1989 ENVIRONMENTAL RIGHTS IN ONTARIO Bill 13 7
(d) the representative party is acting in good faith and it
is prima facie in the interests of the class that the
action be maintained as a class action.
(2) The Court may provide in the judgment of a class Judgment
action for subsequent determination of the amount and distri-
bution of damages assessed against the defendant.
PART IV
INSTRUMENTS AND REGULATIONS
12. — (1) In this section, Definitions
"appropriate board" means any board, tribunal or commis-
sion established by an Act listed in the Schedule empow-
ered to hold hearings with respect to a matter relating to
such Act, and where no such board exists, the Board;
"instrument" means any licence, permit, approval, certificate
of approval, program approval, control order or other
order made under an Act listed in the Schedule that would
permit a person to contaminate or degrade the environ-
ment in contravention of any such Act or the regulations
made thereunder;
"proper authority" means any authority designated by an Act
listed in the Schedule empowered to issue any instrument
pursuant to any such Act.
(2) Notwithstanding any other Act, no instrument shall Notice of
have force and effect unless the proper authority has given SSmment
notice of the proposed provisions of the instrument by publi-
cation in The Ontario Gazette and in two newspapers circulat-
ing throughout the Province of Ontario and that is in accord-
ance with the other provisions of this section.
(3) Any person may, within thirty days of the giving of Submissions
notice or within such longer time as may be stated in the
notice,
(a) make written submissions to the proper authority
with respect to the proposed provisions of the
instrument; and
(b) by written notice to the proper authority request a
hearing by the appropriate board with respect to the
proposed provisions of the instrument.
8
Idem
Bill 13
ENVIRONMENTAL RIGHTS IN ONTARIO
1989
Idem
Where
instrument
may be
issued
(4) Where the proper authority has received notice of a
request for a hearing, it shall refer the matter to the appro-
priate board unless, in the opinion of the authority, the
request is not made in good faith or is frivolous or is made
only for the purpose of delay.
(5) Where the proper authority has declined to refer the
matter to the appropriate board under subsection (4), the
proper authority shall give notice for a hearing under subsec-
tion (3), together with written reasons therefor.
(6) Where there is no notice of a request for a hearing
under subsection (3), or where the proper authority has
declined to refer the matter to the appropriate board under
subsection (4), the proper authority may issue the proposed
instrument,
Review of
instrument
(a) where there is no notice of a request for a hearing,
not less than ten days after the time for fiUng such
notice has elapsed;
(b) where the proper authority has declined to refer the
matter to the relevant board, not less than twenty
days after the time for filing such notice has
elapsed.
(7) Any person may make an application to the Board
requesting the Board to review an existing instrument having
regard to the adequacy of the instrument to protect the envi-
ronment and the public trust therein from contamination or
degradation, especially in the light of technological advances
that can be applied in the Province of Ontario and the Board
shall hear the application where a prima facie case has been
made that the instrument should be amended or revoked.
Preliminary
hearing
Notice
Notice of
hearing
(8) The Board shall hold a preliminary hearing to deter-
mine whether a prima facie case has been made in an appli-
cation under subsection (7) unless the Board is of the opinion
that the application is not made in good faith or is frivolous.
(9) Where the Board decides not to hold a preliminary
hearing under subsection (8), or where the Board decides that
a prima facie case has not been made under subsection (7),
the Board shall give notice of its decision to the person mak-
ing the application, together with written reasons therefor.
(10) Where the appropriate board holds a hearing under
subsection (4) or (7), the appropriate board shall,
1989 ENVIRONMENTAL RIGHTS IN ONTARIO Bill 13 9
(a) appoint a time and place for the hearing at a city or
town convenient to persons likely to be affected by
the contamination or degradation;
(b) cause notice to be given of the hearing,
(i) to the proper authority,
(ii) to any person who submitted notice to the
proper authority under subsection (3),
(iii) to any person who submitted notice to the
Board under subsection (7),
(iv) to any person as the appropriate board may
direct, and
(v) to the public, by publication in The Ontario
Gazette and in two newspapers circulating
throughout the Province of Ontario.
(11) Any hearing initiated under the provisions of this sec- Procedure
tion shall be conducted according to the rules and procedures
that apply to the appropriate board, including the rules and
procedures established by this Act.
(12) Upon the completion of the hearing, the appropriate Recom-
board may make such recommendations, order or decision in etc.
respect of the matter referred to it under this section as the
board is empowered to make pursuant to its enabUng Act.
(13) The proper authority may, in an emergency situation, Emergencies
issue an instrument that it is empowered to issue pursuant to
an Act listed in the Schedule without complying with the
other provisions of this section but, where the authority issues
an instrument in an emergency situation, the authority shall
take steps to comply with the provisions of this section within
sixty days of the date on which the instrument was issued.
13.— (1) In 1987 and every fifth year thereafter, the Board J^^^fjjjjf^
shall review all regulations that relate to the quality of the '^^s"^^'""^
environment having regard to their adequacy to protect the
environment and the public trust therein from contamination
and degradation, especially in the light of technological
advances that can be applied in the Province of Ontario.
(2) The Board shall give public notice of the review and, ^^^}^^
during the review, may receive public submissions and evi-
dence to the extent and in the manner that it considers appro-
priate.
10
BUI 13
ENTVIRONMENTAL RIGHTS IN ONTARIO
1989
Report
Notice of
proposed
regulation
(3) Upon completion of the review, the Board shall make a
report thereon to the designated Minister, including in the
report any recommended changes to the regulations, and the
designated Minister, after receiving the report shall then lay
the report before the Assembly if it is in session or, if not, at
the commencement of the next ensuing session.
14. — (1) In this section, "regulation-making authority"
means any authority designated by an Act listed in the
Schedule empowered to make any regulation under any such
Act.
Publication
Effect of
contravention
(2) Where a regulation-making authority proposes to make
a regulation, it shall cause the proposed regulation to be pub-
lished in The Ontario Gazette at least sixty days before it pro-
poses to file the regulation with the Registrar of Regulations
and request briefs or submissions in relation to the proposed
regulation.
(3) A regulation filed in contravention of subsection (2)
does not come into effect.
PARTY
ACCESS TO INFORMATION
Definition
Right to
information
Right to
examine
Idem
15. — (1) In this section, "designated Minister" means any
minister designated by an Act Usted in the Schedule to admin-
ister and enforce the provisions of any such Act.
(2) Every person has the right to obtain from any desig-
nated Minister any available information concerning the quan-
tity, quality or concentration of contaminants emitted, issued,
discharged or deposited by any source of contamination or
degradation.
(3) The designated Minister shall permit any person who
applies therefor to examine any licence, permit, approval, cer-
tificate of approval, provisional certificate of approval, control
order or other order, notice of intention to issue a control
order, program approval, provisional certificate of approval,
notice of violation of an Act listed in the Schedule, and any
information in support of any such document, and, on pay-
ment of a fee not to exceed ten cents per page, the person
shall be provided with a copy thereof.
(4) The designated Minister shall permit any person who
applies therefor to examine any report on any test, observa-
tion, inspection or analysis carried out by or under the Minis-
ter's authority relating to any operation subject to an Act
1989 ENVIRONMENTAL RIGHTS IN ONTARIO Bill 13 11
listed in the Schedule under the Minister's jurisdiction, and,
on payment of a fee not to exceed ten cents per page, the per-
son shall be provided with a copy thereof.
(5) Notwithstanding subsections (3) and (4), the designated where
Minister may refuse an application made under subsections nla^ b"'^^
(3) and (4) where, in his or her opinion, the information reduced
sought to be disclosed contains,
(a) information the disclosure of which would be injuri-
ous to law enforcement or the conduct of lawful
investigations, including investigative techniques or
plans for specific lawful investigations;
(b) information containing personal information
respecting an identifiable individual including, with-
out restricting the generality of the foregoing,
(i) vital statistics,
(ii) background personal information,
(iii) medical, criminal, educational or employment
records or history,
(iv) the personal opinions or views of the individ-
ual, unless those opinions or views are given
in the course of employment in the public ser-
vice of the Government of Ontario;
(c) information of a financial, commercial, scientific or
technical sort,
(i) the disclosure of which could reasonably be
expected to prejudice significantly the compe-
titive position, or interfere significantly with
contractual or other negotiations, of a person,
group of persons, organization or government
institution, or
(ii) the disclosure of which could reasonably be
expected to result in undue financial loss or
gain by a person, group of persons, organiza-
tion or government institution,
and which, without restricting the generality of the
foregoing, includes confidential technology, trade
secrets, marketing information, customer lists,
advertising budgets and funding sources; or
12
Bill 13
ENVIRONMENTAL RIGHTS IN ONTARIO
1989
Notice
Hearing
(d) records of proposals and recommendations to and
deliberations and proceedings of the Executive
Council or any committee thereof.
(6) Where the designated Minister, under subsection (5),
refuses an application for disclosure of information, he or she
shall, within twenty days, so inform the applicant, together
with written reasons thereof, and the Minister shall inform the
applicant of the applicant's right of appeal to the Board.
(7) Any applicant may, within fifteen days of receipt of a
notice under subsection (6), by written notice served upon the
designated Minister and the Board, require a hearing before
the Board.
Idem
(8) In a hearing under subsection (7), the Board shall take
every precaution, including, when appropriate, receiving rep-
resentations without notice and conducting hearings in pri-
vate, to avoid disclosure by the Board or any other person of
any information the disclosure of which may be refused under
this section.
Onus
Order
Appeal
(9) In a hearing under subsection (7), the onus of establish-
ing that access to the information may be refused shall be on
the designated Minister concerned.
(10) At the conclusion of the hearing, the Board may make
such order as it considers appropriate, having regard to the*
provisions of this section, and without restricting the general-
ity of the foregoing, may,
(a) order the disclosure of all or part of the information
sought to be disclosed; or
(b) where the Board has determined that the informa-
tion should not be disclosed, order that a non-
confidential summary of all or any part of the
information be prepared.
(11) An appeal lies to the Divisional Court of Ontario from
a decision of the Board on a point of law or jurisdiction.
PART VI
PUBLIC INTEREST FUNDING
Definition 15, — (1) jn this sectiou, "Fund" means the Environmental
Hearing Assistance Fund.
1989
ENVIRONMENTAL RIGHTS IN ONTARIO
BUI 13
13
(2) The Lieutenant Governor in Council may establish a F""^
fund to be known as the Environmental Hearing Assistance
Fund.
(3) Where a Fund has been established under subsection ^^^"^
(2), the moneys required for the purposes of the Fund shall be
paid out of the Consolidated Revenue Fund in the fiscal year
during which it is established and thereafter shall be paid out
of the moneys appropriated therefor by the Legislature.
(4) Subject to subsection (5), whenever a proceeding Financial
before any board, tribunal, commission or court, or any ^^^'^^'^
appeal or review thereof, is authorized under the provisions of
this Act or an Act listed in the Schedule, any party or interve-
ner who engages in proceedings for the purpose of protecting
and conserving the environment may, at any time, make an
application for financial assistance to the Board.
(5) A person may apply under subsection (4) only where ^'^^^
that person,
(a) represents an interest representative of significant
bodies of opinions that would otherwise not be rep-
resented at the proceedings; and
(b) does not have sufficient financial resources
enable him to adequately represent that interest.
to
(6) Where a Fund is available and the Board is satisfied ^^em
financial assistance is appropriate, the Board may order that a
sum be paid to the applicant therefor from the Fund in such
manner, at such times and in such amount as the Board con-
siders appropriate.
(7) No person is precluded from applying under subsection ^^^^
(4) by reason only that he has previously received financial
assistance under subsection (6).
(8) Where it appears to the Board that several parties or Consolidating
intervenors having identical or substantially similar interests ^pp''^*'""^
have applied for financial assistance from the Board, the
Board may consohdate the applications and make such order
concerning payment as it considers appropriate.
Matters
to be
(9) In considering the sum to be awarded to any applicant,
the Board shall have regard to all the attendant costs associ- considered
ated with participating in the proceedings, including,
(a) legal fees;
14 Bill 13 ENVIRONMENTAL RIGHTS IN ONTARIO 1989
(b) disbursements;
(c) conduct money;
(d) witness fees;
(e) fees for relevant reports and studies; and
(f) any other cost that is relevant and appropriate to
participation in the proceedings.
PART VII
EMPLOYEE RIGHTS
No discipline, jy. — (1) No employer shall,
dismissal,
etc.,
by employer (a) dismiss or threaten to dismiss an employee;
(b) discipline or suspend an employee; « --"4
(c) impose any penalty upon an employee; or
(d) intimidate or coerce an employee, i
because the employee has reported or proposes to report to
the appropriate authority an act that contaminates or degrades
the environment. ^
Penalty (2) Where an employer is convicted of an offence under
Sfence subscctiou (1), the provincial judge making the conviction
shall, in addition to the penalty, order what action the
employer shall take or what the employer shall refrain from
doing and such order may include the reinstatement in
employment of the employee with compensation for loss of
wages and other benefits to be assessed against the employer.
Offence (3) Evcry person who contravenes subsection (1) is guilty
of an offence and on conviction is liable to a fine of not more
than $10,000 or to imprisonment for a term of not more than
six months, or to both.
PART VIII
MISCELLANEOUS
Common law jg. Nothing herein contained shall be construed so as to
pSnid repeal, remove or reduce any existing remedy available at law
to any person.
i
1989 ENVIRONMENTAL RIGHTS IN ONTARIO BUI 13 15
19. Where a conflict appears between any other Act, Conflict
including the Environmental Protection Act, the provision of RS.o. i980,
this Act shall prevail. ^- ^^^
20. This Act binds the Crown. Crown
21. This Act comes into force on the day it receives Royal Commence-
Assent. ""^"^
22. The short title of this Act is the Ontario Environmen- Short title
tal Rights Act, 1989.
SCHEDULE
Conservation Authorities Act
Consolidated Hearings Act, 1981
Drainage Act
Environmental Assessment Act
Environmental Protection Act
Mining Act
Niagara Escarpment Planning and Development Act
Ontario Waste Management Corporation Act, 1981
Ontario Water Resources Act
Pesticides Act
Pits and Quarries Control Act
Planning Act, 1983
Bill 14 Private Member's Bill
Jnd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 14
An Act to amend the Planning Act, 1983
Mr. Johnston
(Scarborough West)
1st Reading May 15th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
SECTION 1. "Nuclear weapons material" is defined.
SECTION 2. This adds to the factors that the Minister must consider in carrying out his
or her responsibilities under the Act the protection of the public from the possible threat
to its health, social fabric and environment inherent in the production of nuclear weapons
material.
SECTION 3. Self-explanatory.
SECTION 4. This requires the approval of the Minister and in the case of land in a
local municipality, a zoning by-law properly passed by the Council of that municipality
before a person is entitled to establish or convert a facility for or to the production of
nuclear weapons material on any parcel of land in Ontario.
SECTION 5. Section 66 of the Act makes it an offence to contravene certain provisions,
with maximum fines on conviction of $20,000 for a first offence and $10,000 for each day
that a contravention continues after the first conviction. The comparable fines for a cor-
poration are $50,000 and $25,000 respectively. Section 5 of the Bill makes this provision
apply in respect of a person contravening section 4 of the Bill.
BiU 14 1989
An Act to amend the Planning Act, 1983
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Section 1 of the Planning Act, 1983 y being chapter 1, as
amended by the Statutes of Ontario, 1989, chapter 5, section 1,
is further amended by adding thereto the following clause:
(ga) "nuclear weapons material" means any item of
weaponry, munitions, equipment or specialized sup-
plies or services intended for use primarily in the
production, transportation or testing of nuclear
weapons or associated equipment or in the deploy-
ment of nuclear weapons.
2. Section 2 of the said Act, as amended by the Statutes of
Ontario, 1989, chapter 5, section 2 is further amended by add-
ing thereto the following clause:
(k) the protection of the public from the possible threat
to its health, social fabric and environment inherent
in the production of nuclear weapons material.
3. Section 16 of the said Act is amended by adding thereto
the following subsection:
(2) Every official plan shall be deemed to include a provi- Deemed
sion that no new facilities shall be established for and no facil- p"""^'*'""
ities shall be converted to the production of nuclear weapons
material.
4. The said Act is amended by adding thereto the following
section:
45a. Unless otherwise approved by the Minister and in Nuclear
the case of land in a local municipality also authorized by a mat^af
by-law in force under section 34, no person shall establish or production
convert a facility for or to the production of nuclear weapons
material on any parcel of land in Ontario.
2 Bill 14 PLANNING 1989
5. Subsection 66 (1) of the said Act is amended by inserting
after "45" in the first line "45a".
Commence- 6. This Act comes into force on the day it receives Royal
"'"* Assent.
Short tiue 7, jhe short title of this Act is the Planning Amendment
Act, 1989.
BiU 15 Government BOl
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 15
An Act to amend the Barristers Act
The Hon. I. Scott
Attorney General
1st Reading November 10th, 1987
2nd Reading
3rd Reading
Royal Assent
Continued from the 1st Session by an Order of the
Legislative Assembly of March 2nd, 1989.
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
SECTIONS 1 and 2. The provisions repealed provide for the appointment of Queen's
counsel and their precedence in the courts.
SECTION 3. The common law office of Queen's counsel and the use of the title in the
practice of law in Ontario are abolished.
BiU 15 1989
An Act to amend the Barristers Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Section 2 of the Barristers Act, being chapter 38 of the
Revised Statutes of Ontario, 1980, is repealed.
2. Subsection 3 (3) of the said Act is repealed.
3. The said Act is amended by adding thereto the following
sections:
4. — (1) The office of Her Majesty's counsel learned in the Q^.'s
law, or Queen's counsel, is aboUshed.
(2) All letters patent appointing members of the bar of ^^^^"J? .
Ontario to be Her Majesty's counsel learned in the law are '^^^ ^
cancelled.
5. — (1) No person shall represent himself or herself to be ^^ °f .
one of Her Majesty's counsel learned in the law, or Queen's ^^•^^*'°"
counsel, or other like designation, in the practice of law in
Ontario.
(2) Subsection (1) comes into force on the 1st day of July, Effective
1988. "^^^^
4. This Act comes into force on the day it receives Royal commence-
Assent. ■"'"'
5. The short title of this Act is the Barristers Amendment Short tiue
Act, 1989.
Bill 16 Private Member's Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 16
An Act to provide for the Conversion
of Technologies and Skills used in the
Nuclear Weapons Industry to Civilian Uses
Mr. Johnston
(Scarborough West)
1st Reading May 15th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
©Queen's Printer for Ontario
EXPLANATORY NOTES
The purpose of the Bill is to prepare for the termination of contracts for the pro-
duction, repair, modification, storage or handling of materials used for nuclear weapons
by encouraging the conversion of technologies and skills developed or used in those
nuclear weapons contracts to projects that serve the civilian sector and by preparing for
the employment of individuals whose jobs may be lost by the termination of those
nuclear weapons contracts.
The Bill requires a company that enters into or has a nuclear weapons contract to
establish a committee to assist in the preparation for conversion of the plant to civilian
purposes and in the retraining of employees. The committees are to be composed of
equal numbers of representatives of the company and of the employees and in some cir-
cumstances of non-voting representatives from the community.
The Bill provides for benefits to be paid to employees who lose their jobs as a result
of the termination of a nuclear weapons contract.
A company that enters into or has a nuclear weapons contract is required to set up a
fund to carry out the purposes of the Bill and to put in that fund annually 2.5 per cent
of its gross revenue from that contract in that year. Companies and committees are also
to seek additional sources of funding to carry out the purposes of the Bill.
The Bill gives the Minister discretion to assist committees and companies in prepar-
ing for and carrying out conversion plans and to assist them financially in carrying out
their purposes.
The Bill makes it an offence to contravene any provision of the Act and the maxi-
mum penalty for a contravention is set at $10,000 for persons other than corporations
and at $100,000 for corporations.
Bill 16 1989
An Act to provide for the Conversion
of Technologies and Skills used in the
Nuclear Weapons Industry to Civilian Uses
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. In this Act, Definitions
"committee" means an economic conversion planning com-
mittee established under section 3;
"conversion plan" means a plan established under section 4;
"facility" means a facility where a nuclear weapons contractor
produces, repairs, modifies, stores or handles nuclear
weapons material in Ontario;
"fund" means a fund established under section 7;
"Minister" means the Minister of Industry, Trade and Tech-
nology;
"nuclear weapons contract" means a contract under which a
corporation, agency or other establishment agrees to pro-
duce, repair, modify, store or handle nuclear weapons
material in Ontario;
"nuclear weapons contractor" or "contractor" means a cor-
poration, agency or other establishment that is engaged in
or enters into a nuclear weapons contract;
"nuclear weapons material" means any item of weaponry,
munitions, equipment or specialized supplies or services
intended for use primarily in the production, transportation
or testing of nuclear weapons or associated equipment or in
the deployment of nuclear weapons.
Bill 16
NUCLEAR WEAPONS ECONOMIC CONVERSION
1989
Economic
conversion
program
Economic
conversion
planning
committee
established
2. A nuclear weapons contractor shall establish and main-
tain programs in accordance with this Act to prepare for the
termination of its nuclear weapons contract by encouraging
the conversion of technologies and skills developed or used in
that contract to projects that serve the civiUan sector and by
preparing for the employment of individuals whose jobs may
be lost by the termination of that contract.
3. — (1) A nuclear weapons contractor shall establish an
economic conversion planning committee at each of its facili-
ties forthwith upon entering into a nuclear weapons contract
and shall cause it to be maintained thereafter.
Idem (2) Where a nuclear weapons contract has been entered
into before this Act comes into force, the contractor shall
establish the economic conversion planning committee forth-
with upon the coming into force of this Act.
Composition (3) A Committee shall be composed of not fewer than sk
members, with at least half of the members representing the
employees at the facihty and the remaining members repre-
senting the contractor.
I
Idem
(4) The members representing the employees at the facility
shall be selected from time to time,
Community
represent-
atives
Office
space
Committee
work
(a) by the union bargaining units if the employees or
some of them are represented by one or more union
bargaining units; or
(b) by representatives democratically elected by the
employees if none of them are represented by a
union bargaining unit.
(5) The Minister shall appoint as non-voting members of a
committee not more than three persons who live in the munic-
ipality in which a facility is located and whose appointments
are approved by the municipal council.
(6) A nuclear weapons contractor shall provide free of
charge to its committee whatever office space, furniture and
office supplies that the committee reasonably needs to carry
out its functions.
(7) A nuclear weapons contractor shall allow members of
the committee to attend meetings and carry on their duties for
the committee during the working day and any time spent for
the committee shall be computed as working time for the pur-
poses of computing remuneration and benefits.
1989 NUCLEAR WEAPONS ECONOMIC CONVERSION Bill 16 3
4. — (1) It is the function of a committee and it has the Functions
/^ ' of
power to, committee
(a) develop and review a comprehensive plan,
(i) for converting the facility to productive activi-
ties that are acceptable to the contractor and
not related to nuclear weapons purposes,
(ii) for providing the benefits required by this Act
for those employees who lose their jobs as a
result of the termination of the nuclear weap-
ons contract, and
(iii) for assisting those employees who will not be
employed by the contractor after the conver-
sion in finding reasonable alternative employ-
ment;
(b) oversee the implementation of the plan described in
clause (a) when the nuclear weapons contract is ter-
minated or completed;
(c) ensure that the faciUty provides occupational
retraining and re-employment counselling services,
or ensure that such retraining and services are pro-
vided by an agency outside the facility, for all
employees whose jobs are lost, whether temporarily
or permanently, as a result of the termination or
completion of a nuclear weapons contract;
(d) assist the contractor in seeking outside sources of
funding, as needed, to carry out the purposes of this
Act; and
(e) invest any money held in the fund in investments
approved under the Trustee Act, and allocate that R s.o. i980,
money in the manner provided for under this Act.
512
(2) In developing a conversion plan, the committee shall Conversion
attempt to maximize the extent to which the personnel ^^^^
required for the efficient operation of the converted facility
can be drawn from personnel employed by the facility before
the conversion.
5. — (1) If a committee is not able to agree on a conversion where no
plan, the committee shall make a report to the Minister con- ^s'^^^'"^"*
taining the recommendations of the representatives of the
employees and of the contractor and the opinions of any rep-
resentatives of the community.
4
Bill 16
NUCLEAR WEAPONS ECONOMIC CONVERSION
1989
Minister
to decide
(2) If the Minister receives a report under subsection (1),
he or she shall assist the committee, and where the Minister
determines after such assistance that the committee is unable
to agree on a conversion plan, the Minister shall assist the
committee in whatever way he or she considers appropriate in
formulating and carrying out a plan for providing the benefits
required under section 6 and assisting employees in obtaining
alternative employment.
Benefits
to
employees
R.S.C. 1985,
c. U-1
6. If an employee temporarily or permanently loses a job
as a result of the termination of a nuclear weapons contract
and the employee is eUgible to receive benefits under the
Unemployment Insurance Act (Canada), the contractor shall
pay from the fund to that employee a benefit that when com-
bined with the benefit under the Unemployment Insurance Act
(Canada) is sufficient to ensure that the employee maintains
an income at a level equal to 90 per cent of the employee's
annual salary or wages immediately preceding the loss.
Money
for plan
7. — (1) A nuclear weapons contractor shall establish a
fund to assist in carrying out a conversion plan and shall pay
into the fund annually an amount equal to 2.5 per cent of the
contractor's gross revenue from the contract for that year.
Idem ^2) A contractor, with the assistance of the committee,
shall attempt to obtain whatever additional money for the
fund it considers necessary to carry out the conversion plan.
Management
of fund
(3) The committee shall manage the fund.
Allocation
of money
(4) If there is not enough money in a fund to properly capy
out a conversion plan, the committee shall apply what money
there is in the fund first for providing the benefits to employ-
ees required under section 6, second for assisting employees
who lose their jobs in retraining and in obtaining alternative
employment, and third in financing any retooling of the facil-
ity required to carry out the conversion plan.
Idem
(5) If, after the assistance of the Minister, a committee is
unable to agree on a conversion plan, it shall apply the money
in the fund first for providing the benefits to employees
required under section 6 and second for assisting employees
who lose their jobs in retraining and in obtaining alternative
employment.
Minister
to assist
8. The Minister may offer whatever assistance he or she
considers appropriate to a committee or a contractor, includ-
ing, without limiting the generality of the foregoing.
1989 NUCLEAR WEAPONS ECONOMIC CONVERSION Bill 16
(a) developing and coordinating information concern-
ing,
(i) critical issues that should be addressed in for-
mulating a conversion plan,
(ii) organizations and individual consultants who
might be of assistance to committees in for-
mulating a conversion plan,
(iii) the issues involved in the retraining of person-
nel,
(iv) the requirements of programs for retraining of
various classes of personnel, and
(v) programs that are available for the retraining
of various classes of personnel;
(b) providing financial assistance by way of a grant or a
loan to supplement a fund;
(c) assisting a committee and a contractor in carrying
out the conversion plan.
9. — (1) A nuclear weapons contractor shall cause its com- j^^PP" *°
mittee to report to the Minister concerning the development
and implementation of its plan within one year after the com-
mittee is established and yearly thereafter.
(2) If, after receiving a report, the Minister is not satisfied ^^^^^l^^
with the progress of a committee, the Minister shall assist the
committee in whatever way he or she considers appropriate in
carrying out its functions.
to help
10, — (1) A nuclear weapons contractor shall provide to the Report on
Minister upon entering into a nuclear weapons contract and
annually thereafter such information concerning the nuclear
weapons contract as the Minister may require.
(2) Where a nuclear weapons contract has been entered Transition
into before this Act comes into force, the contractor shall pro-
vide the information required under subsection (1) forthwith
after the coming into force of this Act and annually there-
after.
11. No action shall be instituted against a member of a Protection
committee for an act done in good faith in the execution or iLbiiity
intended execution of the person's duty or for an alleged
6
Bill 16
NUCLEAR WEAPONS ECONOMIC CONVERSION
1989
Offence
Idem
Commence-
ment
neglect or default in the execution in good faith of the per-
son's duty.
12. — (1) A person who contravenes a provision of this Act
and a director, officer or employee of a corporation who
authorizes, permits or concurs in such a contravention by the
corporation is guilty of an offence and on conviction is liable
to a fine of not more than $10,000.
(2) The maximum fine that may be imposed on a corpora-
tion is $100,000 and not as provided in subsection (1).
13. This Act comes into force on the day it receives Royal
Assent.
Short title 14, The short title of this Act is the Nuclear Weapons
Economic Conversion Act, 1989.
;ill 17 Government Bill
VD SESSION, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 17
An Act to authorize the Raising of Money on the
Credit of the Consolidated Revenue Fund
The Hon. R. Nixon
Treasurer of Ontario and Minister of Economics
1st Reading May 17th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTE
I
The purpose of the Bill is to provide authority for borrowing $2,600,000,000 for the
Consolidated Revenue Fund. The principal borrowings authorized under the Ontario
Loan Act in recent years have been from the following sources:
1. Canada Pension Plan
2. Teachers' Superannuation Fund
3. The public capital market
I
The Bill provides that any unused borrowing authority will expire on September 30,
1990.
Bill 17 1989
An Act to authorize the Raising of Money on the
Credit of the Consolidated Revenue Fund
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. — (1) The Lieutenant Governor in Council is hereby Lo^ns
authorized to raise from time to time by way of loan in any
manner provided by the Financial Administration Act such R s.o. i980
sum or sums of money as are considered necessary for dis- ^' ^^^
charging any indebtedness or obligation of Ontario, for mak-
ing any payments authorized or required by any Act to be
made out of the Consolidated Revenue Fund or for reimburs-
ing the Consolidated Revenue Fund for any moneys expended
for any of such purposes, provided that the principal amount
of any securities issued and temporary loans raised under the
authority of this Act shall not exceed in the aggregate
$2,600,000,000.
(2) The sum of money authorized to be raised by subsec- Wem
tion (1) for the purposes mentioned therein shall include the
principal amounts of Province of Ontario debentures issued to
the Teachers' Superannuation Fund under authority of the
Teachers' Superannuation Act, 1983 but shall be in addition to i983, c. 84
all sums of money authorized to be raised by way of loan
under any other Act.
2. No money shall be raised by way of loan under subsec- Limitation
tion 1 (1) except to the extent authorized by order of the
Lieutenant Governor in Council made on or before the 30th
day of September, 1990.
3. This Act comes into force on the day it receives Royal ^°^™^"^^
Assent.
ment
4. The short title of this Act is the Ontario Loan Act, short title
1989.
I
Bill 17
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 17
(Chapter 35
Statutes of Ontario, 1989)
An Act to authorize the Raising of Money on the
Credit of the Consolidated Revenue Fund
The Hon. R. Nixon
Treasurer of Ontario and Minister of Economics
1st Reading May 17th, 1989
2nd Reading June 20th, 1989
3rd Reading July 13th, 1989
Royal Assent July 13th, 1989
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
Bill 17
1989
Loans
authorized
R.S.O. 1980,
c. 161
An Act to authorize the Raising of Money on the
Credit of the Consolidated Revenue Fund
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1, — (1) The Lieutenant Governor in Council is hereby
authorized to raise from time to time by way of loan in any
manner provided by the Financial Administration Act such
sum or sums of money as are considered necessary for dis-
charging any indebtedness or obligation of Ontario, for mak-
ing any payments authorized or required by any Act to be
made out of the Consolidated Revenue Fund or for reimburs-
ing the Consolidated Revenue Fund for any moneys expended
for any of such purposes, provided that the principal amount
of any securities issued and temporary loans raised under the
authority of this Act shall not exceed in the aggregate
$2,600,000,000.
(2) The sum of money authorized to be raised by subsec- ^^lem
tion (1) for the purposes mentioned therein shall include the
principal amounts of Province of Ontario debentures issued to
the Teachers' Superannuation Fund under authority of the
Teachers' Superannuation Act, 1983 but shall be in addition to i983, c. 84
all sums of money authorized to be raised by way of loan
under any other Act.
2. No money shall be raised by way of loan under subsec- Limitation
tion 1 (1) except to the extent authorized by order of the
Lieutenant Governor in Council made on or before the 30th
day of September, 1990.
3. This Act comes into force on the day it receives Royal Commence-
A ^ J ■^ ment
Assent.
4. The short title of this Act is the Ontario Loan Act, short title
1989.
ill 18 Gk)vernment Bill
ID SESSION, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 18
An Act to amend the
Ontario Municipal Improvement Corporation Act
The Hon. R. Nixon
Treasurer of Ontario and Minister of Economics
1st Reading May 17th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTE
The purpose of the Bill is to remove the borrowing limitation on the Corporation
contained in section 14 of the Act in order to allow the Corporation to borrow Canada
Pension Plan funds to offer to school boards as announced by the Treasurer in the Bud-
get.
(
BiU 18 1989
An Act to amend the
Ontario Municipal Improvement Corporation Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Subsection 4 (1) of the Ontario Municipal Improvement
Corporation Act, being chapter 349 of the Revised Statutes of
Ontario, 1980, is amended by striking out ''and to section 14"
in the second line.
2. Section 14 of the said Act is repealed.
3. This Act comes into force on the day it receives Royal commence-
Assent. "^"^
4. The short title of this Act is the Ontario Municipal short title
Improvement Corporation Amendment Act, 1989.
Bill 18
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 18
(Chapter 57
Statutes of Ontario, 1989)
An Act to amend the
Ontario Municipal Improvement Corporation Act
The Hon. R. Nixon
Treasurer of Ontario and Minister of Economics
1st Reading May 17th, 1989
2nd Reading June 20th, 1989
3rd Reading November 22nd, 1989
Royal Assent November 23rd, 1989
Printed under authority of the Legislative Assembly by the
®Oueen's Printer for Ontario
Bill 18 1989
An Act to amend the
Ontario Municipal Improvement Corporation Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Subsection 4 (1) of the Ontario Municipal Improvement
Corporation Act, being chapter 349 of the Revised Statutes of
Ontario, 1980, is amended by striking out "and to section 14"
in the second line.
2. Section 14 of the said Act is repealed.
3. This Act comes into force on the day it receives Royal Commence-
Assent. ■"""'
4. The short title of this Act is the Ontario Municipal short title
Improvement Corporation Amendment Act, 1989.
;iU 19 Government Bill
sfD SESSION, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 19
An Act to amend the Power Corporation Act
The Hon. R. Wong
Minister of Energy
1st Reading May 17th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTE
The Bill imposes the debt guarantee fee announced in the Treasurer's Budget to
require Ontario Hydro to pay fees to the Province in respect of guarantees given or
advances made by the Province. This provision applies to outstanding as well as future
debt. The fees will be paid in accordance with the regulations that may be made under
the proposed subsection 55a (3).
BiU 19 1989
An Act to amend the Power Corporation Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. The Power Corporation Act^ being chapter 384 of the
Revised Statutes of Ontario, 1980, is amended by adding
thereto the following section:
55a. — (1) The Corporation, pursuant to the regulations Fees re: debt
made under this section, shall pay annually to the Treasurer
of Ontario fees,
(a) in respect of guarantees given by the Lieutenant
Governor in Council under this Act; and
(b) in respect of sums advanced or applied under
section 47.
(2) Subsection (1) applies in respect of guarantees given Application
and sums advanced or applied before or after the coming into
force of this section.
(3) The Lieutenant Governor in Council may make Regulations
regulations respecting the calculation of the fees referred to in
subsection (1) and respecting the manner in which, and the
time at which, they are to be paid.
2. This Act comes into force on the day it receives Royal commence-
Assent. ™^"'
3. The short title of this Act is the Power Corporation Short title
Amendment Act, 1989.
ill 19
ID SESSION, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 19
(Chapter 36
Statutes of Ontario, 1989)
An Act to amend the Power Corporation Act
The Hon. R. Wong
Minister of Energy
1st Reading May 17th, 1989
2nd Reading June 26th, 1989
3rd Reading July 13th, 1989
Royal Assent July 13th, 1989
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
Bill 19 1989
An Act to amend the Power Corporation Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. The Power Corporation Act, being chapter 384 of the
Revised Statutes of Ontario, 1980, is amended by adding
thereto the following section:
55a. — (1) The Corporation, pursuant to the regulations Fees re: debt
made under this section, shall pay annually to the Treasurer
of Ontario fees,
(a) in respect of guarantees given by the Lieutenant
Governor in Council under this Act; and
(b) in respect of sums advanced or applied under
section 47.
(2) Subsection (1) applies in respect of guarantees given Application
and sums advanced or applied before or after the coming into
force of this section.
(3) The Lieutenant Governor in Council may make Regulations
regulations respecting the calculation of the fees referred to in
subsection (1) and respecting the manner in which, and the
time at which, they are to be paid.
2. This Act comes into force on the day it receives Royal commence-
Assent.
3. The short title of this Act is the Power Corporation Short title
Amendment Act, 1989.
Bill 20 Government Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 20
An Act to provide for the
Payment of Development Charges
The Hon. J. Eakins
Minister of Municipal Affairs
1st Reading May 17th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
The Planning Act, 1983 currently permits municipalities to impose lot levies on plans
of subdivision, and on consents to sever land, to cover some of the costs to municipalities
of servicing the resultant growth. The purpose of the Bill is to permit both municipalities
and school boards to impose development charges on all types of development that will
increase the need for municipal services or school facilities. The Bill also provides author-
ity for agreements between owners and municipalities to allow owners under certain con-
ditions to develop their land earlier than the servicing plans of the municipalities would
otherwise permit. Municipalities would then reimburse those owners for their additional
costs from development charges subsequently received from other owners of land benefit-
ing from those services.
The principal provisions of the Bill are as follows:
PART I — Development charges
Municipalities may pass by-laws imposing development charges, on types of develop-
ment specified in the by-law, for the municipal services specified. Development charges
could not be imposed on expansions of existing dwelling units, or on the creation of
additional units in existing residential buildings, if done in accordance with the regu-
lations. Also, development charges could not be imposed with respect to certain local
services which are normally installed by the person developing the land.
Procedures are established for passing development charge by-laws and for appealing
them to the Ontario Municipal Board. The Board could lower or repeal development
charges, but not increase them. If an appeal is successful, municipalities would be
required to refund the charges already paid.
Development charge by-laws would expire after five years. Municipalities could pass
new by-laws before this occurred.
Owners may complain to municipal councils regarding errors in the calculation of
development charges and may appeal council decisions to the Ontario Municipal Board.
A development charge must be paid before a building permit is issued, except in
specified circumstances. Municipalities may agree to permit owners to provide services in
lieu of paying development charges.
Development charges are generally to be collected by lower tier municipalities,
although they may be collected by upper tier municipalities as well.
Development charges may be registered as liens on lands subject to them.
Unpaid development charges are to be added to municipal tax rolls and collected as
taxes.
Municipalities may give owners a credit for services installed under existing Planning
Act, 1983 provisions, and under other specified legislation.
Municipalities are to place development charge funds received in separate reserve
funds.
Municipalities must pay interest on refunds of development charges.
PART II — Front-end payment
Municipalities may enter into agreements with owners who wish to accelerate devel-
opment of their lands, and to have those owners pay municipalities for the installation of
water, sanitary and storm sewers, and roads required to accelerate development, to col-
lect the extra costs from other owners who subsequently benefit from those services, and
to reimburse the front-ending owners from development charges subsequently paid by the
other benefiting owners.
Owners are to be given notice of front-end agreements and to be permitted to
appeal them to the Ontario Municipal Board.
Agreements may be registered on land benefiting from them, and municipalities may
enforce them against owners and subsequent owners.
Municipalities may enforce agreements against owners of land benefiting from ser-
vices installed under the agreements.
PART m — Education development charges
School boards may establish by by-law an education development charge to finance
all or part of the local share of the costs of new schools or additions to schools required
because of growth. The education development charge may apply to residential and non-
residential development.
Notice provisions and appeal procedures are similar to those contained in Part II.
The Bill also provides for the collection of the education development charge by the
municipality. An education development charges account shall be established in respect
of the money collected under the charge to be used for an approved capital project.
If two or more school boards, which share an area of jurisdiction, pass a by-law to
impose an education development charge upon the same area, the money collected is to
be placed in a joint account to be used by the boards as directed by the Minister of Edu-
cation.
Withdrawals from an education development charges account can only be made for
school construction projects which have the approval of the Minister of Education and
have been recognized for capital grant purposes.
PART rv — General
Existing by-laws providing for development charges are to terminate within specified
periods.
No new development charges may be imposed under the Planning Act, 1983, but
existing agreements providing for development charges are to remain in effect.
Existing referrals or appeals under the Planning Act, 1983 regarding development
charges are to be continued and disposed of under the Planning Act, 1983.
Agreements under the subdivision and consent provisions of the Planning Act, 1983
are not to be affected by this Bill, except as those agreements apply to charges related to
development.
Bill 20
1989
An Act to provide for the
Payment of Development Charges
Section
1. Definitions
2. Administration
CONTENTS
Section
PARTI
DEVELOPMENT CHARGES
3. By-laws respecting development
charges
4. Public meeting
5. When by-law effective
6. Expiration of by-law
7. Amendments
8. Complaints
9. Charge to be paid before
building permit issued
10. Upper tier municipalities
11. Lien
12. Collection
13. Credit for services
14. Credits
15. Multiple approvals
16. Reserve fund
17. Statement of treasurer
18. Interest
19. Regulations
PART II
FRONT-END PAYMENTS
20. Front-end payment
21. Notice of agreement
22. O.M.B. approval not required
23. Registration
24. Compliance necessary
25. Conditions of agreement
26. Special accounts
27. Special account for section 25
funds
PART III
EDUCATION DEVELOPMENT
CHARGES
28. Definitions
29. Education development charge
by-law
30. Public meeting
31. When by-law effective
32. Expiration of by-law
33. Amendments
34. Charges
35. Complaints
36. Distribution of by-law
37. Lien
38. Collection
39. Transfer of money
40. Interest
41. Regulations
PART IV
GENERAL
42. Existing development charges
by-laws
43. Certain agreements under 1983,
c. 1
44. Referrals to continue
45. Agreements not affected
46. No right of petition
47. Conflicts
48. Commencement
49. Short title
2 Bill 20 DEVELOPMENT CHARGES 1989
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
Definitions 1, In this Act,
"area municipality" means,
(a) a town, other than a separated town, township or
village in a county, and
(b) a city, town, village or township in a regional, met-
ropolitan or district municipality;
"benefiting area" means an area designated for development
1983, c. 1 in an official plan approval under the Planning Act, 1983
and defined by a map, plan or legal description in a front-
ending agreement as an area that will be serviced by or
receive a benefit from the construction of a front-end
service;
"capital cost" means costs incurred or proposed to be incurred
by a municipality,
(a) to acquire or improve land,
(b) to acquire, construct or improve buildings, struc-
tures or facilities, and ^^H
(c) to undertake studies in connection with any of the
matters in clause (a) or (b),
required for the provision of services, including interest on
borrowing for that part of expenditures made under clause
(a) or (b) that is growth-related, but does not include costs
incurred or proposed to be incurred to acquire vehicles,
furniture, office equipment, supplies, inventory or similar
items;
"development charge" means a charge imposed with respect
to growth-related net capital costs against land under a
by-law passed under section 3;
"development charge by-law" means a by-law passed under
section 3;
"front-end payment" means a payment made by an owner,
that may be in addition to a development charge that such
owner is required to pay under a development charge
by-law, in an amount agreed upon by the owner and munic-
1989 DEVELOPMENT CHARGES Bill 20 3
ipality, to cover the net capital cost of any or all of the
front-end services required to enable the land to be devel-
oped by the owner;
"front-end services" means water supply services, sanitary
sewer services, storm sewer services and road services, for
which a development charge may be imposed;
"front-ending agreement" means an agreement made under
section 20;
"growth-related net capital cost" means the portion of the net
capital cost of services that is reasonably attributable to the
need for such net capital cost that results or will result from
development in all or a defined part of the municipality;
"municipality" means a city, town, village, township,
improvement district or county or a regional, metropolitan
or district municipality;
"Municipal Board" means the Ontario Municipal Board;
"net capital cost" means the capital cost less capital grants,
subsidies and other contributions made to the municipality
or that the council of the municipality anticipates will be
made, in respect of the capital cost;
"owner" means the owner of land or a person who has made
application for an approval for the development of land
upon which a development charge is imposed;
"prescribed" means prescribed by regulations made under this
Act;
"services" means services designated in a development charge
by-law;
"upper tier municipality" means a county or a regional, met-
ropolitan or district municipality.
2. The Minister of Municipal Affairs is responsible for the Adminis-
administration of Parts I, II and IV and the Minister of Edu-
cation is responsible for the administration of Part III.
PARTI
DEVELOPMENT CHARGES
3. — (1) The council of a municipality may pass by-laws for By-iaws
the imposition of development charges against land if the devdopment
charges
Bill 20
DEVELOPMENT CHARGES
1989
1983, c. 1
development of the land would increase the need for services
in respect of that land and the development requires,
(a) the approval of a zoning by-law or of an amend-
ment thereto under section 34 of the Planning Act,
1983;
(b) the approval of a minor variance under section 44 of
the Planning Act, 1983;
(c) the approval of a plan of subdivision under section
50 of the Planning Act, 1983;
(d) a consent under section 52 of the Planning Act,
1983;
R.S.O. 1980,
c. 84
R.S.O. 1980,
c. 51
(e) the approval of a description under section 50 of the
Condominium Act; or
(f) the approval of an application under the Building
Code Act to permit the erection of a building or
structure.
Exceptions (2) Subscction (1) docs not apply in respect of an approval
mentioned in clauses (1) (a) to (f) that would have the effect
only,
(a) of permitting the enlargement of an existing dwell-
ing unit; or
(b) of creating one or two additional dwelling units as
prescribed, in prescribed categories of existing resi-
dential buildings.
(3) A by-law passed under subsection (1) shall,
(a) designate those uses of land, buildings or structures
upon which a development charge shall be imposed;
(b) designate the areas within which a development
charge shall be imposed;
(c) establish the development charge, or the schedule
of development charges, to be imposed in respect of
the designated uses of land, buildings or structures;
and
Mandatory
provisions
(d) designate services for which a development charge
may be imposed.
1989
DEVELOPMENT CHARGES
Bill 20
(4) A by-law passed under subsection (1) may,
(a) provide for the indexing of development charges
based on one of the prescribed indices; and
(b) provide that a development charge shall be payable
in money or by the provision of services or by a
combination of both as may be agreed upon under
subsection 9 (4) by the municipality and the owner.
Other
provisions
(5) No land, except land used for the purpose of an ele- Limited
mentary or secondary school under the Education Act or land r s7i980
owned by and used for the purposes of a municipality, is cc. 129, 31
exempt from a development charge under a by-law passed
under subsection (1) by reason only that it is exempt from tax-
ation under section 3 of the Assessment Act.
to,
(6) No development charge may be imposed with respect Restriction
development
charges
(a) local services installed at the expense of the owner
within a plan of subdivision as a condition of
approval under section 50 of the Planning Act, i983, c. 1
1983;
(b) local services installed at the expense of the owner
as a condition of approval under section 52 of the
Planning Act, 1983; or
(c) local connections to water mains, sanitary sewers
and storm sewers.
4. — (1) Before passing a development charge by-law, P"t»'i.c
except a by-law passed pursuant to an order of the Municipal '"®^^"*^
Board made under clause (11) (b), the council,
(a) shall hold at least one public meeting;
(b) shall give notice of the meeting in the manner and
to the persons and organizations prescribed; and
(c) shall ensure that sufficient information is made
available at the meeting to enable the public to
understand generally the development charges
proposal.
(2) The meeting referred to in subsection (1) shall be held Right to be
no earlier than twenty days after the requirements for the giv-
ing of notice have been complied with and any person who
Bill 20
DEVELOPMENT CHARGES
1989
Notice of
by-law
Appeal
Timing of
notice
attends the meeting may make representations in respect of
the proposed development charges.
(3) If the council passes a development charge by-law,
except a by-law passed pursuant to an order of the Municipal
Board under clause (11) (b), the clerk of the municipality
shall, not later than fifteen days after the day the by-law is
passed, give written notice of the passing of the by-law in the
form and to the persons and organizations prescribed and the
notice shall specify the last day for filing a notice of appeal
under subsection (4).
(4) Any person or organization may, not later than twenty
days after written notice under subsection (3) is given, appeal
to the Municipal Board by filing with the clerk of the munici-
pality a notice of appeal setting out the objection to the
by-law and the reasons in support of the objection.
(5) For the purposes of subsection (4), the written notice
shall be deemed to be given,
(a) where notice is given by publication in a newspaper,
on the day that the publication occurs;
Record
(b) where notice is given by personal service, on the
day that service of all required notices is completed;
or ^
m
(c) where notice is given by mail, on the day that the
mailing of all required notices is completed.
(6) The clerk of a municipality who receives a notice of
appeal shall compile a record which shall include,
(a) a copy of the by-law certified by the clerk;
(b) an affidavit or declaration certifying that the
requirements for the giving of notice under subsec-
tion (3) have been complied with; and
Notice and
record to
O.M.B.
(c) the original or a true copy of all written submissions
and material received in respect of the by-law
before it was passed.
(7) The clerk shall forward the notice of appeal and the
record to the secretary of the Municipal Board within thirty
days of the last day of appeal and shall provide such other
information or material as the Board may require in respect of
the appeal.
1989
DEVELOPMENT CHARGES
Bill 20
(8) An affidavit or declaration of the clerk of the munici- Affidavit,
pality that notice was given as required by subsection (3) or condusivT
that no notice of appeal was filed under subsection (4) within evidence
the time allowed for appeal is conclusive evidence of the facts
stated therein.
(9) The Municipal Board shall hold a hearing of which Hearing
notice shall be given to such persons or organizations and in
such manner as the Board may determine.
(10) The Municipal Board may, where it is of the opinion
that the objection to the by-law set out in the notice of appeal
is insufficient, dismiss the appeal without holding a full hear-
ing but before dismissing the appeal shall notify the appellant
and give the appellant an opportunity to make representations
as to the merits of the appeal.
(11) The Municipal Board may,
(a) dismiss the appeal; or
(b) order the council of the municipaUty to repeal the
by-law in whole or in part or to amend the by-law in
accordance with the Board's order.
Early
dismissal of
appeal
Determi-
nation by
O.M.B.
(12) Despite subsection (11), the Municipal Board may not Restrictions
order the amendment of a by-law so as to, amendments
(a) increase a development charge imposed by the
by-law; or
(b) alter the term of the by-law.
5. — (1) A development charge by-law comes into force on when by-law
the day it is passed.
effective
(2) If the Municipal Board orders the council of a munici- Retroactive
pality to repeal a by-law in whole or in part, that part of the ^^^^^
by-law that is repealed shall be deemed to have been repealed
on the day the by-law was passed.
(3) If a by-law is repealed in whole or in part under subsec- Refund
tion 4 (11), the municipality shall immediately refund all
development charges paid under that part of the by-law that is
repealed.
(4) If the Municipal Board orders the council of a munici- Retroactive
pality to amend a by-law in whole or in part, that part of the ^'"^"'^'"^"*'
by-law that is amended ceases to be in force, and the amend-
8
Bill 20
DEVELOPMENT CHARGES
1989
Refunds
Restrictions
on appeal
Notice of
by-law
Expiration of
by-law
Idem
Term of
by-law
New by-law
Review of
policies
Public
meeting
Procedures
Amendments
ment shall be deemed to have come into force on the day the
by-law that is being amended was passed.
(5) If a by-law is amended in whole or in part under subsec-
tion 4 (11), the municipality shall immediately refund the dif-
ference between the development charge paid under that part
of the by-law that is amended and the development charge
required to be paid under the amendment.
(6) A repeal or amendment made under subsection 4 (11) is
not subject to appeal under subsection 4 (4).
(7) A municipality shall give notice of the particulars of a
development charge by-law that is in force in the manner and
to the persons prescribed.
6. — (1) A development charge by-law expires five years
after the date it is passed.
(2) Despite subsection (1), the council of a municipality
may,
(a) provide in the by-law for a term of less than five
years; or
(b) repeal the by-law.
(3) Amendments to a by-law by council under subsection
4 (11) or 7 (1) do not affect the term of the by-law.
(4) Subject to subsections (5), (6) and (7), the council of a
municipality in which a development charge by-law is in force
may pass a new development charge by-law.
(5) Before passing a new development charge by-law, the
council shall conduct a review of the development charge poli-
cies of the municipality.
(6) In conducting a review under subsection (5), council
shall ensure that adequate information is made available to
the public, and for this purpose shall hold at least one public
meeting, notice of which shall be given in at least one news-
paper having general circulation in the municipality.
(7) Sections 4 and 5 apply with necessary modifications to
the passing of a by-law under subsection (4).
7. — (1) The council of a municipality which has passed a
development charge by-law may amend the by-law.
1989
DEVELOPMENT CHARGES
Bill 20
(2) Sections 4 and 5 apply with necessary modifications to Procedures
an amendment of a development charge by-law under subsec-
tion (1).
8. — (1) An owner may complain in writing to the council Complaints
of the municipality that,
(a) the calculation of the development charge imposed
was based on an incorrect number of units;
(b) the amount credited to an owner under section 13 is
incorrect;
(c) the amount of a previous development charge being
credited under section 14 is incorrect; or
(d) there was an error in the application of the develop-
ment charge by-law.
(2) The complaint shall state the name and address where I'lem
notices can be given to the complainant and shall state the
reasons for the complaint.
(3) Council shall give the complainant the opportunity to Hearing
make representations and notice of the hearing shall be
mailed to the complainant by the clerk not less than fourteen
days before the date the complaint is to be considered.
(4) After hearing the evidence and submissions of the com- Determi-
_i • ^ •! nation by
plamant, council may, council
(a) confirm the development charge; or
(b) amend the development charge to the extent that,
in the opinion of council, a review of any or all of
the matters in subsection (1) justifies such an
amendment.
(5) The clerk of the municipality shall, not later than fifteen Notice of
days after the day a decision is made by council, give written
notice of the decision by mail to the complainant, and the
notice shall specify the last day for filing an appeal, which
date shall be no earlier than twenty days after the date the let-
ter is mailed.
(6) The complainant may appeal the decision of council to Appeal
the Municipal Board by filing with the clerk of the municipal-
ity a notice of appeal setting out the reasons for the appeal.
10
Bill 20
DEVELOPMENT CHARGES
1989
Record (7) The clcrk of the municipality who receives a notice of
appeal under subsection (6) shall compile a record which shall
include,
(a) a copy of the development charge by-law certified
by the clerk;
(b) an affidavit or declaration certifying that the
requirements for the giving of notice have been
complied with; and
(c) the original or a true copy of all written submissions
and material in support of the complaint.
(8) The clerk shall forward the notice of appeal and the
record to the secretary of the Municipal Board within thirty
days of the last day of appeal and shall provide such other
information and material that the Board may require in
respect of the appeal.
(9) The parties to the appeal are the complainant and the
municipality.
(10) The Municipal Board shall hold a hearing of which
notice shall be given to the parties to the appeal.
(11) Despite subsection (10), the Municipal Board may,
where it is of the opinion that the complaint set out in the
notice of appeal is insufficient, dismiss the appeal without
holding a full hearing but before dismissing the appeal shall
notify the appellant and give the appellant an opportunity to
make representations as to the merits of the appeal.
Decision by (12) The Municipal Board may make any decision that
^^■^ could have been made by the council of the municipality.
Notice and
record to
O.M.B.
Parties
Notice of
hearing
Early
dismissal
Refund (13) jf the development charge is amended by the council
or by the Municipal Board, the municipality shall immediately
refund the difference between the development charge paid
that was in dispute and the amount of the charge required by
council or the Municipal Board to be paid.
Charge to be 9, — (1) Despite any other Act, a building permit shall not
building ""^^ be issucd in respect of the erection of a building or structure
permit issued on land to which a development charge by-law applies unless
the development charge has been paid.
Exception (2) Despite subsection (1), a municipality may, in a devel-
opment charge by-law, provide that a development charge
with respect to water supply services, sanitary sewer services,
1989
DEVELOPMENT CHARGES
Bill 20
11
Storm sewer services and road services shall be payable, with
respect to an approval of a plan of subdivision under section
50 of the Planning Act, 1983, immediately upon entering into i983, c. i
the subdivision agreement.
(3) Despite subsections (1) and (2), a municipality may Exceptions in
enter into an agreement with an owner providing for the pay- ^^'^^^™^" ^
ment of all or any portion of the development charge on dates
later than the issuing of a building permit or the entering into
of a subdivision agreement.
(4) Despite subsections (1) and (2), a municipality may by Services in
agreement permit an owner to provide services in lieu of the payment
payment of all or any portion of a development charge.
(5) A municipality that has entered an agreement under interest
subsection (3) may charge interest, at a rate stipulated in the
agreement, on that part of the development charge not paid in
accordance with subsection (1).
10. — (1) If a development charge is imposed by an upper ^PPf^ tier
tier municipality, the treasurer of the upper tier municipality '""'""p^"'^^
shall certify to the treasurer of the area municipality in which
the land is located that the charge has been imposed, and
when the charge is due.
(2) The treasurer of the area municipality shall collect the Collection of
charge imposed by the upper tier municipality when due and cSJge?"'^"^
shall, unless an extension of time is agreed to by the upper
tier municipality, remit the amount of the charge to the trea-
surer of the upper tier municipality on or before the 25th day
of the month following the month in which the charge is
received by the area municipality.
(3) Despite subsection (2), a development charge imposed i^'^m
by an upper tier municipality under subsection 9 (2) or (3)
may be collected by the upper tier municipality.
(4) The treasurer of an upper tier municipality that has col- certification
lected a development charge under subsection (3) shall certify
to the treasurer of the area municipality in which the land is
located that the charge has been collected.
Idem
(5) If building permits are issued by an upper tier munici-
pality, the chief building official of the upper tier municipality
shall certify to the treasurer of the area municipality in which
the land is located that all applicable law within the meaning
of the Building Code Act, except the payment of development R s.o. i980,
charges, has been comphed with.
51
12
Bill 20
DEVELOPMENT CHARGES
1989
Idem (6) The treasurer of the area municipality shall, upon
receipt of the certificate under subsection (5) and upon pay-
ment of all development charges and education development
charges under Part III imposed on the development, immedi-
ately certify to the chief building official of the upper tier
municipality that all development charges and education
development charges have been paid.
Delegation of (7) If building permits are issued by an upper tier munici-
^weT" pality, the upper tier municipality may, if agreed to by the
area municipality, collect all development charges and educa-
tion development charges.
Lien
Charge upon
land
Collection
11. — (1) A municipality that has passed a development
charge by-law may register or deposit, as the case may be, a
lien or notice thereof on the land upon which a development
charge has become payable.
(2) The development charge shall, from the date of regis-
tration or deposit under subsection (1), be a charge upon the
land to which the development charge applies.
12. — (1) If the development charge or any part thereof
imposed by a municipality, other than an upper tier munici-
pality, remains unpaid after the due date, the amount unpaid
shall be added to the tax roll and shall be collected as taxes.
Idem
(2) If the development charge or any part thereof imposed
by an upper tier municipality remains unpaid after the due
date, the treasurer of the upper tier municipality shall certify
to the treasurer of the area municipality in which the land is
located that the amount is unpaid and the amount unpaid
shall be added to the tax roll of the area municipality and
shall be collected as taxes.
Credit for
services
Idem
Idem
13. — (1) A municipality that permits the provision of ser-
vices in lieu of the payment of all or any portion of a develop-
ment charge shall give a credit for an amount equal to the rea-
sonable cost to the owner of providing the services.
(2) If a municipality and owner enter an agreement that
permits an owner to provide services additional to or of a
greater size or capacity than is required under a development
charge by-law, the municipality may agree to give a credit for
an amount up to the reasonable cost to the owner of providing
the services.
(3) A credit given under subsection (2) shall not be charged
to a reserve fund established under section 16.
1989 DEVELOPMENT CHARGES Bill 20 13
14. — (1) If an owner or a former owner has, before the Credits
coming into force of a development charge by-law, paid all or
any portion of a charge related to development pursuant to an
agreement under section 50 or 52 of the Planning Act, 1983 or i983, c. i
a predecessor thereof with respect to land within the area to
which the by-law applies, the municipality shall give a credit
for the amount of the charge paid.
(2) If an owner or a former owner has, before the coming idem
into force of a development charge by-law, provided services
in lieu of the payment of all or any portion of a charge related
to development pursuant to an agreement under section 50 or
52 of the Planning Act, 1983 or a predecessor thereof with
respect to land within the area to which the by-law applies,
the municipality shall give a credit for an amount equal to the
reasonable cost to the owner or to the former owner of pro-
viding the services.
(3) If an owner is required to pay a charge to a municipality i^em
under a by-law passed under section 215 of the Municipal Act, R s.o. i980,
section 4 of The City of Ottawa Act, 1960-61 or section 1 of i%o-6i,
The City of Toronto Act, 1961-62, the municipaUty shall c. 120;
reduce the development charge payable under the develop- l^yji^'
ment charge by-law by an amount equal to the charge
imposed by that by-law.
(4) If a conflict exists between the provisions of a develop- Conflicts
ment charge by-law and an agreement referred to in subsec-
tion (1) or (2), the provisions of the agreement prevail to the
extent of the conflict.
(5) If a conflict exists between the provisions of a develop- ^^^^
ment charge by-law and any other agreement between a
municipality and an owner or a former owner with respect to
land within the area to which the by-law applies, the provi-
sions of the agreement prevail to the extent that there is a
conflict.
15, — (1) If an owner requests two or more approvals Multiple
described in subsection 3 (1) in respect of land, a municipality ^pp™^^*
shall not levy more than one development charge.
(2) Despite subsection (1), if an owner requests an idem
approval described in subsection 3 (1) and the owner subse-
quently requests one or more additional approvals that have
the effect of increasing the need for services beyond that gen-
erated by the initial approval, a municipality may require the
payment of an additional development charge based on the
increased need for services.
14
Bill 20
DEVELOPME^^^ charges
1989
Reserve fund 15, — (1) Payments received by a municipality under this
Part shall be maintained in a separate reserve fund or funds
and shall be used only to meet the growth-related net capital
costs of those services for which the development charge was
imposed.
R.s.o. 1980, (2) Subsections 165 (2), (3) and (4) of the Municipal Act
s iS' apply with necessary modifications to payments received by a
appUes municipality under this Part.
Statement of jy. The treasurer of the municipality shall, in each year,
treasurer ^^ ^^ before such date as council may direct, furnish to the
council a statement in respect of each reserve fund established
under section 15 containing the information prescribed.
Interest
Idem
Idem
Regulations
18. — (1) A municipality shall pay interest to persons to
whom overpayments are refunded under subsection 5 (3),
5 (5) or 8 (13) calculated in the manner prescribed.
(2) Interest shall be calculated from the time that the over-
payment was collected to the time that the refund is paid.
(3) The refund shall include the interest owed.
19. The Lieutenant Governor in Council may make
regulations,
(a) prescribing, for the purposes of section 3, the
manner in which development charges shall be
calculated;
(b) prescribing the number of additional dwelling units
and the categories of existing residential buildings
for the purposes of clause 3 (2) (b);
(c) prescribing, for the purposes of section 3, those ser-
vices for which development charges shall not be
imposed;
(d) prescribing, for the purposes of clause 3 (4) (a), an
index or indices that may be used;
(e) prescribing, for the purposes of subsection 4 (1), the
persons that are to be given notice and the manner
in which notice is to be given;
(f) prescribing, for the purposes of subsection 4 (3), the
persons and agencies that are to be given notice and
the manner and form in which notice is to be given;
1989 DEVELOPMENT CHARGES Bill 20 15
(g) prescribing, for the purposes of subsection 5 (7), the
information to be provided in the notice and the
persons to whom notice is to be given;
(h) prescribing, for the purposes of section 13, the man-
ner in which credits shall be calculated;
(i) prescribing the information to be provided in a
statement of the treasurer under section 17;
(j) prescribing methods of calculating and establishing
interest rates under section 18;
(k) prescribing anything that in Parts I, II and IV of
this Act may be prescribed by regulation.
PART II
FRONT-END PAYMENTS
20. — (1) A municipality that has in effect a development Front-end
charge by-law may enter into a front-ending agreement or P^y"'^"*
agreements with any or all owners within a benefiting area
providing for the payment by the owners of a front-end
payment.
(2) An agreement entered into under subsection (1) shall Agreement
contain,
(a) a list of the front-end services for which front-end
payments shall be made;
(b) the estimated cost of installing the services;
(c) the proportion of the front-end payment to be paid
by each owner who is a party to the agreement;
(d) the agreement of the owners to immediately pay to
the municipality the actual costs incurred by the
municipality in the installation of the services in
accordance with the proportions determined under
clause (c);
(e) the agreement of the municipality to immediately
reimburse the owners if the actual cost of installing
the services is lower than the estimated cost in
accordance with the proportions determined under
clause (c);
16
Bill 20
DEVELOPMENT CHARGES
1989
(f) a description of the benefiting area for each of the
services;
(g) the manner in which the portion of the front-end
payment that each owner in the benefiting area,
other than the parties to the front-end agreement, is
to be calculated; and
(h) subject to clause (g), the agreement of the munici-
pality to require each owner in the benefiting area,
other than an owner who is a party to the agree-
ment, to pay the owner's portion of the front-end
payment.
Idem
Idem
Notice of
agreement
(3) An agreement under subsection (2) may provide that
the front-end payment shall be payable in money, or by the
provision of services in lieu thereof, or by a combination of
both, as may be agreed upon by the parties.
(4) An agreement under subsection (2) shall provide the
methods by which amounts payable under clause (2) (h) shall
be adjusted.
21. — (1) The municipality shall give notice by mail of the
front-ending agreement to all owners within the benefiting
area.
Contents of
notice
(2) The notice referred to in subsection (1) shall explain the
nature and purpose of the agreement and shall indicate that
the agreement can be viewed in the office of the clerk during
normal office hours.
Objections
Effective
date of
agreement
Objections to
O.M.B.
Hearing to
O.M.B.
(3) Any owner to whom notice of the agreement is given,
except a party to the agreement, may object to the agreement
by filing a written objection with the clerk of the municipality
within twenty-one days of the date of mailing of the notice of
the agreement.
(4) If no objection is filed within twenty-one days, the
agreement shall be deemed to have come into effect on the
date it was fully executed.
(5) If an objection is filed, the clerk shall immediately for-
ward it to the Municipal Board.
(6) The Municipal Board shall hold a hearing and shall con-
firm the agreement, refuse to confirm the agreement or direct
a municipality to make changes to the agreement.
1989 DEVELOPMENT CHARGES Bill 20 17
(7) If an objection is filed under subsection (3), the agree- Effective
ment comes into effect when approved by the Municipal objectlon'^^
Board or, if changes are directed by the Board, when the
municipality and the other parties to the agreement have exe-
cuted the agreement as directed to be changed by the Board.
(8) The parties to the Municipal Board hearing are the Parties
municipality, the other parties to the agreement and the
owners who filed written objections within the period referred
to in subsection (3).
22. Section 64 of the Ontario Municipal Board Act does om.b
not apply to a front-ending agreement or to special accounts required "°*
established under sections 26 and 27. r.s.o. 1980,
c. 347
23. A notice of an agreement entered into under section Registration
20 may be registered against the land in the benefiting area,
and subject to the Registry Act and the Land Titles Act, the R so. i980,
municipality, ^- ^'> ^'^
(a) may enforce the provisions of the agreement against
any and all subsequent owners of the lands owned
by the parties thereto; and
(b) may enforce the provisions of the agreement made
under clauses 20 (2) (g) and (h) and section 25
against any and all owners and subsequent owners
of lands in the benefiting area.
24. If a front-ending agreement is in effect, no person Compliance
shall undertake any development that requires an approval "^'^^^^^^
mentioned in subsection 3 (1) within a benefiting area until
section 25 has been complied with.
25. A municipality that has entered into a front-ending Conditions of
agreement, ^^^^^'^^^
(a) shall require an owner within a benefiting area,
other than a party to the agreement, to pay the
owner's portion of the front-end payment as a con-
dition of approval of any development on that por-
tion of the owner's land located within the benefit-
ing area; and
(b) may require all owners in a benefiting area, includ-
ing owners who are parties to the agreement, to pay
the reasonable costs to the municipality of adminis-
tering the agreement, including the cost to the
municipality of consuhants and of studies required
in preparation of the agreement.
18
Bill 20
DEVELOPMENT CHARGES
1989
Special
accounts
Idem
Special
account for
section 25
funds
Reimburse-
ment
Deduction
from
development
charge
26. — (1) The municipality shall place all money received
from the parties to the front-ending agreement in a special
account and shall use the funds in such account only for,
(a) paying the actual net cost of the installation of the
services specified in the agreement; and
(b) reimbursing to the parties to the agreement any
funds remaining in the account after the installation
of the services referred to in clause (a).
(2) The municipality shall provide annually to the parties to
the front-ending agreement a statement setting out the partic-
ulars of payments made out of the account, the balance
remaining in the account and additional payments, if any, that
are or will be required from the parties pursuant to the
agreement.
27. — (1) The municipalities shall place money received
under section 25 in a special account and shall, immediately
upon receipt of the money, pay it over to the parties of the
front-ending agreement in the proportions stated in the
agreement.
(2) The municipality shall reimburse the parties to the
agreement only at the time of and upon the payment of the
money referred to in subsection (1).
(3) Payments made under subsection (1) with respect to
services referred to in clause 20 (2) (a) shall be deducted from
the amount otherwise payable by an owner pursuant to a
development charge by-law.
PART III
Definitions
R.S.O. 1980,
c. 129
EDUCATION DEVELOPMENT CHARGES
28. In this Part,
"board" means a board in paragraph 3 of subsection 1 (1) of
the Education Act, other than,
(a) a board established under section 70 of the
Education Act,
(b) a board of education for an area municipality in The
Municipality of Metropolitan Toronto,
(c) The Metropolitan Toronto French-Language School
Council, and
1989 DEVELOPMENT CHARGES Bill 20 19
(d) The Ottawa-Carleton French-language School
Board,
but includes the public sector and the Roman Catholic sec-
tor of The Ottawa-Carleton French-language School Board
and The Metropolitan Toronto School Board;
"commercial development" means an approval of a develop-
ment other than a residential development;
"education capital cost" means costs incurred or proposed to
be incurred by a board,
(a) to acquire school facilities,
(b) to construct, expand, alter or improve school faciU-
ties, and
(c) to undertake studies in connection with any of the
matters in clause (a) or (b),
to provide pupil accommodation;
"education development charge" means a development charge
imposed under a by-law passed under section 29 respecting
growth-related net education capital costs incurred or pro-
posed to be incurred by a board;
"education development charge by-law" means a by-law
passed under subsection 29 (1);
"education development charges account" means an account
established in accordance with the regulations for money
collected under an education development charge by-law;
"growth-related net education capital cost" means the portion
of the net education capital cost reasonably attributable to
the need for such net education capital cost that is attrib-
uted to or will result from development in all or part of the
area of jurisdiction of a board;
"net education capital cost" means the education capital cost
reduced by any capital grants and subsidies paid or that
may be paid to the board in respect of such education
capital cost;
"owner" means the owner of the land or a person who has
made application for an approval for the development of
the land upon which an education development charge is
imposed;
20 Bill 20 DEVELOPMENT CHARGES 1989
"pupil accommodation" means a building to accommodate
pupils or an addition or alteration to a building that enables
the building to accommodate an increased number of
pupils;
"residential development" means an approval of a develop-
ment that provides residential accommodation;
"school facilities" means a school site in paragraph 53 of sub-
R.s.o. 1980, section 1 (1) of the Education Act.
c. 129
Education 29. — (1) A board may pass by-laws for the imposition of
Sge^S-iaw an education development charge against land in the area of
jurisdiction of the board, in respect of residential development
or residential and commercial development, if there is resi-
dential development in the area of jurisdiction of the board
that would increase education capital costs and the residential
or commercial development requires,
(a) the approval of a zoning by-law or of an amend-
1983, c. 1 ment thereto under section 34 of the Planning Act,
1983;
(b) the approval of a minor variance under section 44 of
the Planning Act, 1983;
(c) the approval of a plan of subdivision under section
50 of the Planning Act, 1983;
(d) a consent under section 52 of the Planning Act,
1983;
(e) the approval of a description under section 50 of the
R.s.o. 1980, Condominium Act; or
c. 84
R.s.o. 1980, (f) the approval of an application under the Building
'^- ^^ Code Act to permit the erection of a building or
structure.
Exception (2) Subscction (1) docs not apply in respect of an approval
mentioned in clauses (1) (a) to (f) that would have the effect
only,
(a) of permitting the enlargement of an existing dwell-
ing unit; or
(b) of creating one or two additional dwelling units as
prescribed, in prescribed categories of existing resi-
dential buildings.
1989
DEVELOPMENT CHARGES
Bill 20
21
(3) A by-law passed under subsection (1) shall, Contents of
(a) designate the categories of residential development
and commercial development upon which an educa-
tion development charge shall be imposed;
(b) designate those uses of land, buildings or structures
upon which an education development charge shall
be imposed;
(c) designate the areas in which an education develop-
ment charge shall be imposed; and
(d) in accordance with the regulations, establish the
education development charge, or the schedule of
education development charges, to be imposed in
respect of the designated categories of development
and the uses of land, buildings or structures.
(4) A by-law passed under subsection (1) may provide for indexing
the indexing of education development charges based on one
of the prescribed indices.
(5) No land, except land used for the purposes of an ele- Li™ted
mentary or secondary school under the Education Act or land ^^"^ '°^gQ
owned by and used for the purposes of a municipality, is cc. 129, 31
exempt from an education development charge under a by-law
passed under subsection (1) by reason only that the property
is exempt from taxation under section 3 of the Assessment
Act.
(6) The imposition of an education development charge by Conditions
a board is subject to the conditions prescribed by the
regulations.
30, — (1) Before passing an education development charge ^^^^^9
by-law, except a by-law passed pursuant to an order of the ""^^"^^
Municipal Board made under clause (11) (b), the board,
(a) shall hold at least one public meeting;
(b) shall give notice of the meeting in the manner and
to the persons and organizations prescribed; and
(c) shall ensure that sufficient information is made
available to enable the public to understand gener-
ally the education development charge proposal.
(2) The meeting referred to in subsection (1) shall be held ^'ght to be
no earlier than twenty days after the requirements for the giv-
22
Bill 20
DEVELOPMENT CHARGES
1989
Notice of
by-law
Appeal
Timing of
notice
Record
Notice and
record to
O.M.B.
ing of notice have been complied with and any person who .
attends the meeting may make representations in respect of J
the proposed education development charges.
(3) If the board passes an education development charge
by-law, other than a by-law passed pursuant to an order of the
Municipal Board under clause (11) (b), the secretary of the
board shall, not later than fifteen days after the day the
by-law is passed, give written notice of the passing of the
by-law in the manner and in the form and to the persons and
organizations prescribed and the notice shall specify the last
day for filing a notice of appeal under subsection (4).
(4) Any person or organization may, not later than twenty
days after written notice under subsection (3) is given, appeal
to the Municipal Board by filing with the secretary of the
board a notice of appeal setting out the objection to the
by-law and the reasons in support of the objection.
(5) For the purposes of subsection (4), written notice shall
be deemed to be given,
(a) where notice is given by publication in a newspaper,
on the day that the publication occurs;
(b) where notice is given by mail, on the day that the
mailing of all required notices is completed; or
(c) where notice is given by publication and by mail, on
the later of the days that publication occurs or mail-
ing is completed.
(6) The secretary of the board who receives a notice ol
appeal shall compile a record which shall include,
(a) a copy of the by-law certified by the secretary;
(b) an affidavit or declaration certifying that the
requirements for the giving of notice under subsec-
tion (3) have been complied with; and
(c) the original or a true copy of all written submissions
and material received in respect of the by-law
before it was passed. |
(7) The secretary of the board shall forward the notice of
appeal and the record to the secretary of the Municipal Board
within thirty days of the last day of appeal and shall provide
such other information or material as the Municipal Board
may require in respect of the appeal.
1989
DEVELOPMENT CHARGES
Bill 20
23
(8) An affidavit or declaration of the secretary of the board Affidavit,
that notice was given as required by subsection (3) or that no condusive"
notice of appeal was filed under subsection (4) within the time evidence
allowed for appeal is conclusive evidence of the facts stated
therein.
(9) The Municipal Board shall hold a hearing of which Hearing
notice shall be given to such persons or organizations and in
such manner as the Municipal Board may determine.
(10) The Municipal Board may, where it is of the opinion
that the objection to the by-law set out in the notice of appeal
is insufficient, dismiss the appeal without holding a full hear-
ing but before dismissing the appeal shall notify the appellant
and give the appellant the opportunity to make representa-
tions as to the merits of the appeal.
(11) The Municipal Board may,
(a) dismiss the appeal; or
(b) order the board to repeal the by-law in whole or in
part or amend the by-law in accordance with the
order.
Early
dismissal of
appeal
Determi-
nation by
O.M.B.
(12) Despite subsection (11), the Municipal Board may not Restriction
order the amendment of a by-law so as to.
on
amendments
(a) increase an education development charge imposed
by the by-law; or
(b) alter the term of the by-law.
31. — (1) An education development charge by-law comes ^hen by-iaw
into force on the fifth day following the day it is passed or the
day specified in the by-law, whichever is later.
(2) If the Municipal Board orders a board to repeal a Retroactive
by-law in whole or in part, that part of the by-law that is ^^^^
repealed shall be deemed to have been repealed on the day
the by-law came into force.
(3) When a by-law is repealed in whole or in part under Refunds
subsection 30 (11), the treasurer of the education develop-
ment charges account shall immediately refund all education
development charges paid pursuant to that part of the by-law
that is repealed.
(4) If the Municipal Board orders a board to amend a Retroactive
by-law in whole or in part, that part of the by-law that is ^'"^^ ""^"^^
24
Bill 20
DEVELOPMENT CHARGES
1989
amended ceases to be in force and the amendment shall be
deemed to have come into force on the date the by-law came
into force.
Refunds
(5) If a by-law is amended in whole or in part under subsec-
tion 30 (11), the treasurer of the education development
charges account shall immediately refund the difference
between the education development charge paid pursuant to
that portion of the by-law that is amended and the education
development charge required to be paid pursuant to the
amendment.
Restrictions
on appeal
(6) A repeal or amendment made under subsection 30 (11)
is not subject to appeal under subsection 30 (4).
Direct refund
(7) A refund under this section shall be paid to the owner
and the treasurer of the education development charges
account shall inform the municipal treasurer of the amount of
the refund.
Expiration of
by-law
32. — (1) An education development charge by-law expires
five years after the date it comes into force.
Idem
(2) Despite subsection (1), a board may,
(a) provide in the by-law for a term of less than five
years; or
Concurrent
terms
(b) repeal the by-law.
(3) Despite subsection (1), if an education development
charge by-law is in force in respect of an area, the term of an
education development charge by-law passed by another
board with respect to the same area shall expire on the date of
expiration of the first-mentioned by-law.
Change of
term
(4) Where a board repeals its education development
charge by-law and another board that has jurisdiction in all or
part of the same area has passed a by-law that under subsec-
tion (3) would expire on the date of expiration of the first-
mentioned by-law, that other board may determine that the
by-law shall be in effect for up to five years after the date it
comes into force and, where it does so, the board shall give
notice of its determination to the same persons and in the
same manner as provided under subsection 36 (1).
Sation (^^ Subject to subsections (6), (7) and (8), a board that has
development passcd an education development charge by-law that is in
charge by-law forcc may pass a new education development charge by-law.
1989
DEVELOPMENT CHARGES
Bill 20
25
(6) Before passing a new education development charge Review of
by-law, the board shall conduct a review of the education p^'"^*
development charge poUcies of the board.
(7) In conducting a review under subsection (6), the board ^^^^^9
shall ensure that adequate information is made available to '"^^^'"^
the public, and for this purpose shall hold at least one public
meeting, notice of which shall be given in at least one news-
paper having general circulation in the area of jurisdiction of
the board.
(8) Sections 30 and 36 apply with necessary modifications ^^^^
to a by-law under subsection (5).
33. — (1) A school board may amend an education devel- Amendments
opment charge by-law and the amendment shall be deemed to
have come into force on the day the by-law that is being
amended came into force and the part of the by-law that is
amended ceases to be in force.
(2) Sections 30 and 36 apply with necessary modifications ^^^^
to an amendment made under this section.
34. — (1) An education development charge imposed by a Charges
board with respect to a residential development is the amount
payable by the owner to the treasurer of the municipality
under the education development charge by-law.
(2) An education development charge imposed by a board Wem,
• ,i ,, -iji ^ • commercial
With respect to a commercial development is, development
(a) the amount obtained by applying the prescribed per
cent, or a per cent determined by a board that is
within a prescribed range of per cents, to the
declared value of the building permit; or
(b) the amount on an area, unit or density basis calcu-
lated in the manner prescribed.
(3) A building permit shall not be issued in respect of the ^^^J^ }° ^^
erection of a building or structure on land to which an educa- building ""^^
tion development charge by-law applies unless the develop- permit issued
ment charge has been paid.
(4) Despite subsection (1), and subject to subsection (5) Facilities in
and the consent of the Minister of Education, a board may by paynS'ent
agreement permit an owner to provide school facilities in lieu
of the payment of all or any portion of an education develop-
ment charge and the board shall advise the treasurer of the
26
Bill 20
DEVELOPMENT CHARGES
1989
municipality in which the land is situate of the amount of the
credit.
Necessary
parties
Complaints
Procedures
adopted
Refunds
(5) If more than one board has jurisdiction in an area and
one or more boards are to receive school facilities under sub-
section (4), all the boards are required to be parties to the
agreement,
35. — (1) An owner or board may complain in writing to
the council of the municipality in which the land is situate or
an owner may complain to the board in respect of territory
without municipal organization that,
(a) the calculation of the education development charge
imposed was based on an incorrect number of units;
(b) there was an error in the application of the educa-
tion development charge by-law; or
(c) the amount credited to an owner under subsection
34 (4) is incorrect.
(2) Subsections 8 (2) to (13) apply with necessary modifica-
tions to a complaint under subsection (1).
(3) If a final determination of a complaint has been made
and a refund is due to the owner, the treasurer of the educa-
tion development charges account shall pay the amount of the
refund to the treasurer of the municipality who shall reim-
burse the owner.
Idem
Distribution
of by-law
special
account
Territory
without
municipal
organization
(4) If a final determination of a complaint has been made
and a refund is due to the school board, the treasurer of the
municipality shall pay the amount of the refund to the trea-
surer of the education development charges account.
36. — (1) A board that passes a by-law under subsection
29 (1) shall submit to the treasurer of each municipality all or
part of which is made subject to an education development
charge a copy of the by-law and provide a copy to the secre-
tary of any other board that has jurisdiction in the same or
part of the same area of the board that passed the by-law and
forward a copy to the Minister of Education.
(2) An education development charges account shall be
established on or before the fifth day following the enactment
of a by-law under subsection 29 (1).
(3) Where the area of jurisdiction of a board includes terri-
tory without municipal organization, all or part of which is
1989 DEVELOPMENT CHARGES Bill 20 27
made subject to an education development charge, the board
shall exercise the powers and duties of a municipal council for
such territory in respect of collecting the charge and the offic-
ers of the board have the same powers and duties as similar
officers in a municipality.
(4) Where an education development charge is imposed by Collection of
a board, the treasurer of the municipality or board, as the '^ ^^^^
case requires, shall collect the charge imposed when due and,
on or before the 25th day of the month next following the
month in which the charge is collected, shall deposit the
amount of the charge in the education development charges
account established in respect of the by-law under which the
charge is imposed.
(5) On or before the fifth day of the month following a statement
month in which a deposit is made under subsection (4), the
treasurer of the municipality shall forward to the treasurer of
the board or the treasurer of the board shall prepare a state-
ment setting out the prescribed information in respect of the
period that began on the 26th day of the month before the
preceding month and that ended on the 25th day of the pre-
ceding month.
(6) If two or more boards have imposed an education ^^^^
development charge by-law upon an area, the statement men-
tioned in subsection (5) shall be prepared in respect of the
money collected and forwarded to the treasurer of each board
that passed a by-law under which the money was collected.
37. — (1) A board that has passed an education develop- •-'«"
ment charge by-law may register or deposit, as the case
requires, a lien or notice thereof, upon the land with respect
to which the education development charge applies.
(2) The education development charge shall, from the date charge upon
of registration or deposit, be a charge upon the land of the
owner to which the education development charge applies.
38. If an education development charge or any part Collection
thereof remains unpaid after the due date, the amount unpaid
shall be added to the tax roll of the municipality and shall be
collected as taxes and remitted to the treasurer of the educa-
tion development charges account established in respect of the
by-law under which the education development charge is
imposed.
39. On or before the 25th day of the month next following Transfer of
the month in which an education development charge is col- '"""^^
lected under section 38, the municipality shall pay to the trea-
28 Bill 20 DEVELOPMENT CHARGES 1989
surer of the education development charges account all money
received in payment of education development charges.
Interest 40, — (1) The treasurer of the education development
charges account shall pay interest out of the account to per-
sons to whom overpayments are refunded under subsections
31 (3) and (5)and 35 (3) calculated in the manner prescribed.
Period during (2) Interest shall be calculated from the time that the over-
illterest is payment was collected to the time that the refund is paid.
payable
Regulations 41. The Lieutenant Governor in Council may make regu-
lations that may have general or particular application in
respect of a board,
(a) respecting any matter that is referred to as pre-
scribed by the regulations;
(b) prescribing forms and providing for their use;
(c) governing the estabhshment and administration of
the education development charges account;
(d) providing for the application, placement in a
reserve, withdrawal and use of the money deposited
or accrued in an education development charges
account;
(e) requiring the approval of the Minister of Education
to any factor, criterion, rate, amount, portion, esti-
mate or project used in determining an education
development charge;
(f) prescribing the manner of calculation of education
development charges to be used by boards;
(g) providing for the sharing of proceeds where more
than one board establishes a charge in respect of the
same area;
(h) prescribing an indexing formula or formulae for the
purposes of subsection 29 (4);
(i) prescribing information which boards must provide
to other boards for the purposes of developing edu-
cation development charges under this Part;
(j) prescribing the manner in which interest is to be cal-
culated for the purposes of section 40;
1989
DEVELOPMENT CHARGES
Bill 20
29
(k) prescribing the manner in which notice shall be
given wherever notice is required under this Part,
the persons and agencies to whom notice shall be
given, and the form of the notice;
(1) prescribing the terms of agreements for credit in
lieu of payment of education development charges,
determining the amount of the credit and governing
the allocation of the credit between or among
boards.
PART IV
GENERAL
42. — (1) A by-law providing for the payment of charges Existing
related to development that is in effect on the date of the charges*™^"^
coming into force of this Act shall remain in effect until the by-laws
earlier of,
(a) the repeal of the by-law;
(b) the coming into force of a by-law under section 3;
(c) where the maximum development charge payable
under an existing by-law on a dwelling unit is more
than $3,000, one year after the date of the coming
into force of this Act; or
(d) where the maximum development charge payable
under an existing by-law on a dwelling unit is $3,000
or less, two years after the date of the coming into
force of this Act.
(2) A by-law referred to in subsection (1) shall not be
amended during the period it remains in effect.
No
amendments
permitted
43. — (1) A municipality shall not enter into an agreement Certain
under section 50 or 52 of the Planning Act, 1983 that imposes ST^"^^
a charge related to development after the coming into force of i983, c. i
this Act.
(2) An agreement with respect to charges related to devel- Wem
opment made under section 50 or 52 of the Planning Act, 1983
that is in effect on the day this Act comes into force remains
in effect.
44. — (1) A request made before the coming into force of Referrals to
this Act for a referral under subsection 50 (17) of the Planning
Act, 1983 with respect to a condition relating to a charge
30
Bill 20
DEVELOPMENT CHARGES
1989
Appeals
under
1983, c. 1
continued
related to development shall be continued and disposed of
under the Planning Act, 1983.
(2) An appeal made before the coming into force of this
Act under subsection 52 (7) of the Planning Act, 1983 with
respect to a condition relating to a charge related to develop-
ment shall continue and be disposed of under the Planning
Act, 1983.
Conflicts
(3) If a decision of the Municipal Board respecting a matter
mentioned under subsection (1) or (2) conflicts with a devel-
opment charge by-law, the decision of the Board prevails to
the extent of the conflict.
Agreements
not affected
1983, c. 1
45. Except as stated herein, this Act does not affect an
agreement made under section 50 or 52 of the Planning Act,
1983.
46. Despite section 94 of the Ontario Municipal Board
No right of
R so" 1980 ^^^^ there is no right to file a petition under that section in
c. 347 ' respect of any order or decision of the Municipal Board made
in respect of any matter appealed to the Board under this Act.
Conflicts
Commence-
ment
47. In the event of conflict between the provisions of this
Act and any other general or special Act, the provisions of
this Act prevail.
48. This Act comes into force on the day it receives Royal
Assent.
Short title
49. The short title of this Act is the Development Charges
Act, 1989.
Bill 20 Government Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 20
An Act to provide for the
Payment of Development Charges
The Hon. J. Sweeney
Minister of Municipal Affairs
1st Reading May 17th, 1989
2nd Reading June 26th, 1989
3rd Reading
Royal Assent
(Reprinted as amended by the Finance and Economic Affairs Committee)
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
The Planning Act, 1983 currently permits municipalities to impose lot levies on plans
of subdivision, and on consents to sever land, to cover some of the costs to municipalities
of servicing the resultant growth. The purpose of the Bill is to permit both municipalities
and school boards to impose development charges on all types of development that will
increase the need for municipal services or school facilities. The Bill also provides author-
ity for agreements between owners and municipalities to allow owners under certain con-
ditions to develop their land earlier than the servicing plans of the municipalities would
otherwise permit. Municipalities would then reimburse those owners for their additional
costs from development charges subsequently received from other owners of land benefit-
ing from those services.
The principal provisions of the Bill are as follows:
PART I — Development charges
Municipalities may pass by-laws imposing development charges, on types of develop-
ment specified in the by-law, for the municipal services specified. Development charges
could not be imposed on expansions of existing dwelling units, or on the creation of
additional units in existing residential buildings, if done in accordance with the regu-
lations. Also, development charges could not be imposed with respect to certain local
services which are normally installed by the person developing the land.
A municipality may exempt from development charges categories of dwelling units
designated as affordable housing in the by-law and categories of institutions designated in
the by-law. -^
Procedures are established for passing development charge by-laws and for appealing
them to the Ontario Municipal Board. The Board could lower or repeal development
charges, but not increase them. If an appeal is successful, municipalities would be
required to refund the charges already paid.
Development charge by-laws would expire after five years. Municipalities could pass
new by-laws before this occurred.
Owners may complain to municipal councils regarding errors in the calculation of
development charges and may appeal council decisions to the Ontario Municipal Board.
A development charge must be paid before a building permit is issued, except in
specified circumstances. Municipalities may agree to permit owners to provide services in
lieu of paying development charges.
Development charges are generally to be collected by lower tier municipalities,
although they may be collected by upper tier municipalities as well.
Unpaid development charges are to be added to municipal tax rolls and collected as
taxes.
Municipalities may give owners a credit for services installed under existing Planning
Act, 1983 provisions, and under other specified legislation.
Municipalities are to place development charge funds received in separate reserve
funds.
Municipalities must pay interest on refunds of development charges. v
PART II — Front-end payment
Municipalities may enter into agreements with owners who wish to accelerate devel-
opment of their lands, and to have those owners install services or pay municipalities for
the installation of services required to accelerate development, to collect from other
owners who subsequently benefit from those services, and to reimburse the front-ending
owners out of development charges subsequently paid by the other benefiting owners.
Owners are to be given notice of front-ending agreements and to be permitted to
appeal them to the Ontario Municipal Board.
Agreements may be registered on land benefiting from them, and municipalities may
enforce them against owners and subsequent owners.
Municipalities may enforce agreements against owners of land benefiting from ser-
vices installed under the agreements.
PART III — Education development charges
School boards may establish by by-law an education development charge to finance
all or part of the local share of the costs of new schools or additions to schools required
[because of growth. The education development charge applies to residential and non-resi-
Idential development.
Notice provisions and appeal procedures are similar to those contained in Part II.
The Bill also provides for the collection of the education development charge by the
municipality. An education development charges account shall be established in respect
of the money collected under the charge to be used for an approved capital project.
If two or more school boards, which share an area of jurisdiction, pass a by-law to
impose an education development charge upon the same area, the money collected is to
be placed in a joint account to be used by the boards as directed by the Minister of Edu-
cation.
Withdrawals from an education development charges account can only be made for
school construction projects which have the approval of the Minister of Education and
have been recognized for capital grant purposes.
P4RT IV — General
I Existing by-laws or resolutions providing for development charges are to terminate
within a maximum of two years.
No new development charges may be imposed under the Planning Act, 1983 after a
maximum of two years, but existing agreements providing for development charges are to
remain in effect.
Existing referrals or appeals under the Planning Act, 1983 regarding development
charges are to be continued and disposed of under the Planning Act, 1983.
Agreements under the subdivision and consent provisions of the Planning Act, 1983
are not to be affected by this Bill, except as those agreements apply to charges related to
development.
Bill 20
1989
An Act to provide for the
Payment of Development Charges
CONTENTS
Section
1. Definitions
2. Administration
PART I
DEVELOPMENT CHARGES
3. By-laws respecting development
charges
4. Public meeting
5. Date by-law effective
6. Expiration of by-law
7. Amendments
8. Complaints
9. When charge is due
10. Upper tier municipalities
11. Notice of by-law
12. Collection
13. Credit for services
14. Credits
15. Multiple requirements
16. Reserve fund
17. Statement of treasurer
18. Interest
19. Regulations
PART II
FRONT-END PAYMENTS
20. Definition
21. Front-ending agreement
22. Front-ending agreement
23. O.M.B. approval not required
24. Registration
25. Compliance necessary
26. Payments to parties to
agreement
27. Special accounts
Section
28. Distribution of section 26 funds
PART III
EDUCATION DEVELOPMENT
CHARGES
29. Definitions
30. Education development charge
by-law
31. Public meeting
32. When by-law effective
33. Expiration of by-law
34. Amendment
35. Payment of charge
36. Complaints
37. Distribution of by-law
38. Registration of notice
39. Collection
40. Transfer of money
41. Upper tier municipalities
42. Interest
43. Regulations
PART IV
GENERAL
44. Existing development charges
by-law
45. Certain agreements under 1983,
c. 1
46. Referrals to continue
47. Agreements not affected
48. No right of petition
49. Conflicts
50. Commencement
5L Short title
2 Bill 20 DEVELOPMENT CHARGES 1989
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
Definitions J, In this Act,
"area municipality" means,
(a) a town, other than a separated town, township or
village in a county, and
(b) a city, town, village or township in a regional, met-
ropolitan or district municipality;
"benefiting area" means an area defined by a map, plan or
legal description in a front-ending agreement as an area
that will receive a benefit from the construction of a
service;
"capital cost" means costs incurred or proposed to be incurred
by a municipality or a local board thereof directly or under
an agreement,
(a) to acquire land or an interest in land,
(b) to improve land,
(c) to acquire, construct or improve buildings and
structures,
(d) to acquire, construct or improve facilities including,
(i) rolling stock, furniture and equipment, and
(ii) materials acquired for circulation, reference
or information purposes by a library board as
1984, c. 57 defined in the Public Libraries Act, 1984, and
(e) to undertake studies in connection with any of the
matters in clauses (a) to (d),
required for the provision of services designated in a devel-
opment charge by-law within or outside the municipality,
including interest on borrowing for those expenditures
under clauses (a), (b), (c) and (d) that are growth-related;
"development" includes redevelopment; '^
1989 DEVELOPMENT CHARGES Bill 20
"development charge" means a charge imposed with respect
to growth-related net capital costs against land under a
by-law passed under section 3;
"development charge by-law" means a by-law passed under
section 3;
"front-end payment" means a payment made by an owner
pursuant to a front-ending agreement, which may be in
addition to a development charge that the owner is
required to pay under a development charge by-law, to
cover the net capital costs of the services designated in the
agreement that are required to enable the land to be
developed; -^t-
"front-ending agreement" means an agreement made under
section 21;
"growth-related net capital cost" means the portion of the net
capital cost of services that is reasonably attributable to the
need for such net capital cost that results or will result from
development in all or a defined part of the municipality;
"local board" means a local board as defined in the Municipal R s.o. i980,
Affairs Act, other than a board defined in subsection
29 (6); ^ifc^
"municipality" means a city, town, village, township,
improvement district or county or a regional, metropolitan
or district municipality;
"Municipal Board" means the Ontario Municipal Board;
"net capital cost" means the capital cost less capital grants,
subsidies and other contributions made to a municipality or
that the council of the municipality anticipates will be
made, including conveyances or payments under sections
41, 50 and 52 of the Planning Act, 1983, in respect of the
capital cost; ■^-
"owner" means the owner of land or a person who has made
application for an approval for the development of land
upon which a development charge is imposed;
"prescribed" means prescribed by regulations made under this
Act;
"services" means services designated in a development charge
by-law or in an agreement made under section 21, as
applicable; -^t-
c. 307
1983, c. 1
Bill 20
DEVELOPMENT CHARGES
1989
Adminis-
tration
By-laws
respecting
development
charges
1983, c. 1
R.S.O. 1980,
c. 84
R.S.O. 1980,
c. 51
Exceptions
"upper tier municipality" means a county or a regional, met-
ropolitan or district municipality.
2. The Minister of Municipal Affairs is responsible for the
administration of Parts I, II and IV and the Minister of Edu-
cation is responsible for the administration of Part III.
PARTI
DEVELOPMENT CHARGES
3. — (1) The council of a municipality may pass by-laws for
the imposition of development charges against land if the
development of the land would increase the need for services
and the development requires, I
(a) the passing of a zoning by-law or of an amendment
thereto under section 34 of the Planning Act, 1983;
(b) the approval of a minor variance under section 44 of
the Planning Act, 1983;
(c) A conveyance of land to which a by-law passed
under subsection 49 (7) of the Planning Act, 1983
appUes;
(d) the approval of a plan of subdivision under section
50 of the Planning Act, 1983;
(e) a consent under section 52 of the Planning Act,
1983;
(f) the approval of a description under section 50 of the
Condominium Act; or
(g) the issuing of a permit under the Building Code Act
in relation to a building or structure.
(2) Subsection (1) does not apply in respect of an action
mentioned in clauses (1) (a) to (g) that would have the effect
only, ^^
(a) of permitting the enlargement of an existing dwell-
ing unit; or
(b) of creating one or two additional dwelling units as
prescribed, in prescribed categories of existing resi-
dential buildings.
Mandatory
provisions
(3) A by-law passed under subsection (1) shall.
1989 DEVELOPMENT CHARGES Bill 20 5
(a) designate those uses of land, buildings or structures
upon which a development charge shall be imposed;
(b) designate the areas within which a development
charge shall be imposed;
(c) establish the development charge, or the schedule
of development charges, to be imposed in respect of
the designated uses of land, buildings or structures;
and
(d) designate services for which a development charge
may be imposed.
(4) A by-law passed under subsection (1) may, other
^ ' -^ * ^ ^ •' provisions
(a) provide for the indexing of development charges
based on one of the prescribed indices; and
(b) provide that a development charge shall be payable
in money or by the provision of services or by a
combination of both as may be agreed upon under
subsection 9 (9) by the municipality and the owner.
(5) Despite subsection (3), a by-law passed under subsec- ''^em
tion (1) may,
(a) designate categories of institutions for the purposes
of clause (b);
(b) provide for a full or partial exemption of designated
categories of institutions from the payment of devel-
opment charges;
(c) designate categories of dwelling units as affordable
housing; and
(d) provide for a full or partial exemption of designated
categories of affordable housing from the payment
of development charges.
(6) No land, except land owned by and used for the pur- Limited
poses of a board as defined in subsection 29 (6) or a munici- ^^^""^ '""
pality, is exempt from a development charge under a by-law
passed under subsection (1) by reason only that it is exempt
from taxation under section 3 of the Assessment Act. "^ R so. i980,
c. 31
(7) No development charge may be imposed with respect Restriction
'■^' development
charges
Bill 20
DEVELOPMENT CHARGES
1989
1983, c. 1
(a) local services installed at the expense of the owner
within a plan of subdivision as a condition of
approval under section 50 of the Planning Act,
1983',
R.S.O. 1980,
c. 302
(b) local services installed at the expense of the owner
as a condition of approval under section 52 of the
Planning Act, 1983; or
(c) local connections to water mains, sanitary sewers
and storm drainage facilities installed at the expense
of the owner including amounts imposed under a
by-law passed under section 219 of the Municipal
Act. -^^
Public
meeting
Right to be
heard
Notice of
by-law
Appeal
4. — (1) Before passing a development charge by-law,
except a by-law passed pursuant to an order of the Municipal
Board made under clause (11) (b), the council,
(a) shall hold at least one public meeting;
(b) shall give notice of the meeting in the manner and
to the persons and organizations prescribed; and
(c) shall ensure that sufficient information is made
available at the meeting to enable the public to
understand generally the development charges
proposal.
(2) The meeting referred to in subsection (1) shall be held
no earlier than twenty days after the requirements for the giv-
ing of notice have been complied with and any person who
attends the meeting may make representations in respect of
the proposed development charges.
(3) If the council passes a development charge by-law,
except a by-law passed pursuant to an order of the Municipal
Board under clause (11) (b), the clerk of the municipality
shall, not later than fifteen days after the day the by-law is
passed, give written notice of the passing of the by-law in the
form and to the persons and organizations prescribed and the
notice shall specify the last day for filing a notice of appeal
under subsection (4).
(4) Any person or organization may, not later than twenty
days after written notice under subsection (3) is given, appeal
to the Municipal Board by filing with the clerk of the munici-
pality a notice of appeal setting out the objection to the
by-law and the reasons in support of the objection.
1989 DEVELOPMENT CHARGES Bill 20
(5) For the purposes of subsection (4), the written notice Timing of
shall be deemed to be given,
(a) where notice is given by publication in a newspaper,
on the day that the publication occurs;
(b) where notice is given by personal service, on the
day that service of all required notices is completed;
or
(c) where notice is given by mail, on the day that the
mailing of all required notices is completed.
(6) A clerk of a municipality who receives a notice of Record
appeal shall compile a record which shall include,
(a) a copy of the by-law certified by the clerk;
(b) an affidavit or declaration certifying that the
requirements for the giving of notice under subsec-
tion (3) have been complied with; and
(c) the original or a true copy of all written submissions
and material received in respect of the by-law
before it was passed.
(7) The clerk shall forward the notice of appeal and the Notice and
record to the secretary of the Municipal Board within thirty om.b^°
days of the last day of appeal and shall provide such other
information or material as the Board may require in respect of
the appeal.
(8) An affidavit or declaration of the clerk of the munici- Affidavit,
pality that notice was given as required by subsection (3) or condSv""
that no notice of appeal was filed under subsection (4) within evidence
the time allowed for appeal is conclusive evidence of the facts
stated therein.
(9) The Municipal Board shall hold a hearing notice of Hearing
which shall be given to such persons or organizations and in
such manner as the Board may determine.
(10) The Municipal Board may, where it is of the opinion Jariy
that the objection to the by-law set out in the notice of appeal app'^ar'
is insufficient, dismiss the appeal without holding a full hear-
ing but before dismissing the appeal shall notify the appellant
and give the appellant an opportunity to make representations
as to the merits of the appeal.
(11) The Municipal Board may. Determi-
nation by
O.M.B.
8
Bill 20
DEVELOPMENT CHARGES
1989
(a) dismiss the appeal;
(b) order the council of the municipality to repeal the
by-law in whole or in part or to amend the by-law in
accordance with the Board's order; or
(c) repeal the by-law in whole or in part or amend the
by-law in such manner as the Board may determine.
Restrictions
on
(12) Despite subsection (11), the Municipal Board may not
amendments amend or Order the amendment of a by-law so as to,
(a) increase a development charge imposed by the
by-law; or
Date by-law
effective
(b) alter the term of the by-law.
5. — (1) A development charge by-law comes into force on
the date it is passed or the date specified in the by-law, which-
ever is later.
Retroactive
repeal
Refund
Retroactive
amendments
(2) If the Municipal Board orders the council of a munici-
pality to repeal a by-law in whole or in part, that part of the
by-law that is repealed shall be deemed to have been repealed
on the day the by-law came into force.
(3) The municipality shall refund all development charges
paid under the by-law or that part of the by-law that is
repealed under subsection 4 (11),
(a) if repealed by the Municipal Board, within thirty
days of the date of the order of the Board; or
(b) if repealed by the council of the municipality, within
thirty days of the date of repeal.
(4) If the Municipal Board orders the council of a munici-
pality to amend a by-law, the amendment shall be deemed to
have come into force on the day the by-law came into force.
Refunds
(5) The municipality shall refund the difference between
the development charges paid under that part of the by-law
that is amended under subsection 4 (11) and the development
charges required to be paid under the amendment, i
(a) if the by-law is amended by the Municipal Board,
within thirty days of the date of the order of the
Board; or
1989 DEVELOPMENT CHARGES Bill 20 9
(b) if the by-law is amended by the council of the
municipality, within thirty days of the date of the
amendment.
(6) A repeal or amendment made under subsection 4 (11) is Restrictions
not subject to appeal under subsection 4 (4). °" ^^^^
(7) A municipality shall give notice of the particulars of a Notice of by-
development charge by-law that is in force in the manner and
to the persons prescribed. -^t-
6. — (1) A development charge by-law expires five years Expiration of
after the date it comes into force. ^' ^^
(2) Despite subsection (1), the council of a municipality J^em
may,
(a) provide in the by-law for a term of less than five
years; or
(b) repeal the by-law.
(3) Amendments to a by-law by council under subsection Term of
4 (11) or 7 (1) do not affect the term of the by-law. ^
(4) Subject to subsections (5), (6) and (7), the council of a New by-iaw
municipality in which a development charge by-law is in force
may pass a new development charge by-law.
(5) Before passing a new development charge by-law, the Review of
council shall conduct a review of the development charge poli- p°''^'"
cies of the municipality.
(6) In conducting a review under subsection (5), council P"''1'.c
shall ensure that adequate information is made available to '"^^^'"s
the public, and for this purpose shall hold at least one public
meeting, notice of which shall be given in at least one news-
paper having general circulation in the municipality.
(7) Sections 4 and 5 apply with necessary modifications to Procedures
the passing of a by-law under subsection (4).
7. — (1) The council of a municipality that has passed a Amendments
development charge by-law may amend the by-law.
(2) Sections 4 and 5 apply with necessary modifications to Procedures
an amendment of a development charge by-law under subsec-
tion (1).
10 Bill 20 DEVELOPMENT CHARGES 1989
Complaints g, — (1) An owncr may complain in writing to the council
of a municipality in respect of the development charge
imposed by the municipality on the owner's development that,
(a) the amount of the development charge imposed was
incorrect or was based on incorrect data;
(b) the amount credited to the owner under section 13
is incorrect;
(c) the amount of a previous development charge being
credited under section 14 is incorrect; or
(d) there was an error in the application of the develop-
ment charge by-law.
When (2) An owner may not submit a complaint under subsection
beTSe' '° (l)"after ninety days following the latest of,
(a) the date a building permit is issued;
(b) the date a development charge is payable under
subsection 9 (3); or
(c) the date a development charge is payable under an
agreement under subsection 9 (4) or (8). -^^
Idem Q) xhc complaint shall state the name and address where
notices can be given to the complainant and shall state the
reasons for the complaint.
Hearing (4) jhc couucil shall givc the complainant the opportunity
to make representations and notice of the hearing shall be
mailed to the complainant by the clerk not less than fourteen
days before the date the complaint is to be considered.
Determi- (5) After hearing the evidence and submissions of the com-
councii ^ plainant, the council may,
(a) confirm the development charge; or |
(b) amend the development charge to the extent that,
in the opinion of the council, a review of any or all
of the matters in subsection (1) justifies such an
amendment. -
Notice of (6) The clerk of the municipality shall, not later than fifteen
days after the day a decision is made by the council, give writ-
ten notice of the decision by mail to the complainant, and the
1989 DEVELOPMENT CHARGES Bill 20 11
notice shall specify the last day for filing an appeal, which
date shall be no earlier than twenty days after the date the let-
ter is mailed.
(7) The complainant may appeal the decision of the council Appeal
to the Municipal Board by filing with the clerk of the munici-
pality a notice of appeal setting out the reasons for the appeal.
(8) The clerk of the municipality who receives a notice of Record
appeal under subsection (7) shall compile a record which shall
include,
(a) a copy of the development charge by-law certified
by the clerk;
(b) an affidavit or declaration certifying that the
requirements for the giving of notice have been
complied with; and
(c) the original or a true copy of all written submissions
and material in support of the complaint.
(9) The clerk shall forward the notice of appeal and the Notice and
^^" record to
record to the secretary of the Municipal Board within thirty o.m.b.
days of the last day of appeal and shall provide such other
information and material that the Board may require in
respect of the appeal.
(10) The parties to the appeal are the complainant and the ^^^ies
municipality.
(11) The Municipal Board shall hold a hearing notice of Not*Pf„°^
which shall be given to the parties to the appeal.
hearing
(12) Despite subsection (11), the Municipal Board may, Jariy
where it is of the opinion that the complaint set out in the '^™**^
notice of appeal is insufficient, dismiss the appeal without
holding a full hearing but before dismissing the appeal shall
notify the appellant and give the appellant an opportunity to
make representations as to the merits of the appeal.
(13) The Municipal Board may make any decision that ^^Jp}^^" ^^
could have been made by the council of the municipality.
(14) If the development charge is amended by the council Refund
or by the Municipal Board, the municipality shall immediately
refund the difference between the development charge paid
that was in dispute and the amount of the charge required by
the council or the Municipal Board to be paid.
12
Bill 20
DEVELOPMENT CHARGES
1989
When charge
is due
Effect of
non-payment
Exception
1983, c. 1
Agreement
respecting
payments
Idem
Payments
non-trans-
ferable
9. — (1) A development charge is payable on the date a
building permit is issued in relation to a building or structure
on land to which a development charge appHes.
(2) Despite any other Act, a municipality is not required to
issue a building permit in relation to a building or structure on
land to which a development charge applies unless the devel-
opment charge has been paid. -^'
(3) Despite subsection (1), a municipality may, in a devel-
opment charge by-law, provide that a development charge
with respect to water supply services, sanitary sewer services,
storm drainage services, transportation services and electrical
power or energy services shall be payable, with respect to an
approval of a plan of subdivision under section 50 of the
Planning Act, 1983, immediately upon entering into the subdi-
vision agreement.
(4) A municipality may enter into an agreement with an
owner providing for the payment of a development charge
before the date otherwise required for payment under sub-
section (1) or (3).
(5) Despite any provision of a development charge by-law,
an owner entering into an agreement under subsection (4) is
required to pay only the development charge in effect on the
date it is payable under the agreement.
(6) The payments agreed to under subsection (4) are pay-
able by the owner entering into the agreement and are not
transferable to a subsequent owner.
Credits non- (jj Credits given under section 13 or 14 to an owner who
transferable ^a^'gntered into an agreement under subsection (4) are not
Exceptions in
agreements
Services in
lieu of
payment
Interest
transferable to a subsequent owner. -^
(8) Despite subsections (1) and (3), a municipality may
enter into an agreement with an owner providing for the pay-
ment of all or any portion of the development charge on dates
later than the issuing of a building permit or the entering into
of a subdivision agreement.
(9) Despite subsections (1) and (3), a municipality may by
agreement permit an owner to provide services in lieu of the
payment of all or any portion of a development charge.
(10) A municipality that has entered into an agreement
under subsection (8) may charge interest, at a rate stipulated
1989 DEVELOPMENT CHARGES Bill 20 13
in the agreement, on that part of the development charge not
paid in accordance with subsection (1),
10. — (1) If a development charge is imposed by an upper upper tier
tier municipality, the treasurer of the upper tier municipality """"'"p^ '*'^*
shall certify to the treasurer of the area municipality in which
the land is located that the charge has been imposed, the
amount of the charge, the manner in which the charge is to be
paid and when the charge is due.
(2) The treasurer of the area municipality shall collect the Collection of
charge imposed by the upper tier municipality when due and charges""^"*
shall, unless an extension of time is agreed to by the upper
tier municipality, remit the amount of the charge to the trea-
surer of the upper tier municipality on or before the 25th day
of the month following the month in which the charge is
received by the area municipality.
(3) Despite subsection (2), a development charge imposed ^'lem
by an upper tier municipality under subsection 9 (3), (4) or (8)
may be collected by the upper tier municipality.
(4) The treasurer of an upper tier municipality that has col- Certification
lected a development charge under subsection (3) shall certify
to the treasurer of the area municipality in which the land is
located that the charge has been collected.
(5) If building permits are issued by an upper tier munici- I'lem
pality, the chief building official of the upper tier municipality
shall certify to the treasurer of the area municipality in which
the land is located that all applicable law within the meaning
of the Building Code Act, except the payment of development R s.o. i980,
charges, has been complied with.
c. 51
(6) The treasurer of the area municipality shall, upon i^em
receipt of the certificate under subsection (5) and upon pay-
ment of all development charges and education development
charges under Part III imposed on the development, immedi-
ately certify to the chief building official of the upper tier
municipality that all development charges and education
development charges have been paid.
(7) If building permits are issued by an upper tier munici- Delegation of
pality, the upper tier municipality may, if agreed to by the
area municipality, collect all development charges and educa-
tion development charges.
powers
11. A municipality that has passed a development charge Notice of
by-law may register the by-law or a certified copy of it on the ^" ^^
land to which it applies. -A^
14
Bill 20
DEVELOPMENT CHARGES
1989
Collection
12. — (1) If the development charge or any part thereof
imposed by a municipality, other than an upper tier munici-
pality, remains unpaid after the due date, the amount unpaid
shall be added to the tax roll and shall be collected as taxes.
Idem
Credit for
services
Idem
(2) If the development charge or any part thereof imposed
by an upper tier municipality remains unpaid after the due
date, the treasurer of the upper tier municipality shall certify
to the treasurer of the area municipality in which the land is
located that the amount is unpaid and the amount unpaid
shall be added to the tax roll of the area municipality and
shall be collected as taxes.
13. — (1) A municipality that permits the provision of ser-
vices in lieu of the payment of all or any portion of a develop-
ment charge shall give a credit for an amount equal to the rea-
sonable cost to the owner of providing the services.
(2) If a municipality and owner enter an agreement that
permits an owner to provide services additional to or of a
greater size or capacity than is required under a development
charge by-law, the municipality may agree to give a credit for
an amount up to the reasonable cost to the owner of providing
the services.
Idem
(3) A credit given under subsection (2) shall not be charged
to a reserve fund established under section 16.
Credits
1983, c. 1
Idem
Idem
R.S.O. 1980,
c. 302;
1960-61,
c. 120;
1961-62,
c. 171
14. — (1) If an owner or a former owner has, before the
coming into force of a development charge by-law, paid all or
any portion of a charge related to development pursuant to an
agreement under section 50 or 52 of the Planning Act, 1983 or
a predecessor thereof with respect to land within the area to
which the by-law applies, the municipality shall give a credit
for the amount of the charge paid.
(2) If an owner or a former owner has, before the coming
into force of a development charge by-law, provided services
in lieu of the payment of all or any portion of a charge related
to development pursuant to an agreement under section 50 or
52 of the Planning Act, 1983 or a predecessor thereof with
respect to land within the area to which the by-law applies,
the municipality shall give a credit for an amount equal to the
reasonable cost to the owner or to the former owner of pro-
viding the services.
(3) If an owner is required to pay a charge to a municipality
under a by-law passed under section 215 of the Municipal Act,
section 4 of The City of Ottawa Act, 1960-61 or section 1 of
The City of Toronto Act, 1961-62, the municipality shall
1989
DEVELOPMENT CHARGES
Bill 20
15
reduce the development charge payable under the develop-
ment charge by-law by an amount equal to the charge
imposed by that by-law.
(4) If a conflict exists between the provisions of a develop- Conflicts
ment charge by-law and an agreement referred to in subsec-
tion (1) or (2), the provisions of the agreement prevail to the
extent of the conflict.
(5) If a conflict exists between the provisions of a develop-
ment charge by-law and any other agreement between a
municipality and an owner or a former owner with respect to
land within the area to which the by-law applies, the provi-
sions of the agreement prevail to the extent that there is a
conflict.
Idem
15. — (1) A municipality shall not levy more than one Multiple
development charge on land to which a development charge '^^'J""'^'"^" ^
applies even though two or more of the actions described in
clauses 3 (1) (a) to (g) are required before that land can be
developed.
(2) Despite subsection (1), if two or more of the actions ^^^^
described in clauses 3 (1) (a) to (g) occur at different times, a
municipality may require the payment of an additional devel-
opment charge if the subsequent action has the effect of
increasing the need for services.
16. — (1) Payments received by a municipality under this Reserve fund
Part shall be maintained in a separate reserve fund or funds
and shall be used only to meet growth-related net capital costs
for which the development charge was imposed. -^^
(2) Subsections 165 (2) and (3) of the Municipal Act apply R s.o. i980,
with necessarv modifications to payments received by a I] 155'
necessary
municipality under this Part.
applies
17. The treasurer of the municipality shall, in each year, statement of
on or before such date as council may direct, furnish to the
council a statement in respect of each reserve fund established
under section 16 containing the information prescribed.
18. — (1) A municipality shall pay interest to persons to interest
whom overpayments are refunded under subsection 5 (3),
5 (5) or 8 (14) calculated in the manner prescribed.
(2) Interest shall be calculated from the time that the over-
payment was collected to the time that the refund is paid.
Idem
(3) The refund shall include the interest owed.
Idem
16
Regulations
Bill 20
DEVELOPMENT CHARGES
1989
Definition
19. The Lieutenant Governor in Council may make
regulations,
(a) prescribing, for the purposes of section 3, the
manner in which development charges shall be
calculated;
(b) prescribing the number of additional dwelling units
and the categories of existing residential buildings
for the purposes of clause 3 (2) (b);
(c) prescribing, for the purposes of section 3, those ser-
vices for which development charges shall not be
imposed;
(d) prescribing, for the purposes of clause 3 (4) (a), an
index or indices that may be used;
(e) prescribing, for the purposes of subsection 4 (1), the
persons that are to be given notice and the manner
in which notice is to be given;
(f) prescribing, for the purposes of subsection 4 (3), the
persons and agencies that are to be given notice and
the manner and form in which notice is to be given;
(g) prescribing, for the purposes of subsection 5 (7), the
information to be provided in the notice and the
persons to whom notice is to be given;
(h) prescribing, for the purposes of section 13, the man-
ner in which credits shall be calculated;
(i) prescribing the information to be provided in a
statement of the treasurer under section 17;
(j) prescribing methods of calculating and establishing
interest rates under section 18;
(k) prescribing anything that in Parts I, II and IV of
this Act may be prescribed by regulation.
PART II
FRONT-END PAYMENTS
20. In this Part, "benefiting owner" means an owner of
land within a benefiting area other than an owner who is party
to a front-ending agreement.
1989
DEVELOPMENT CHARGES
Bill 20
17
21. — (1) A municipality that has passed a development Front-ending
charge by-law may enter into a front-ending agreement or ^^^^^^^^^
agreements with any or all owners within a benefiting area
providing for the payment by those owners of a front-end pay-
ment or for the installation of services by the owners, or any
combination thereof.
(2) A front-ending agreement shall contain,
(a) a list of the services for which front-end payments
shall be made or services installed by the owner;
(b) the estimated cost of installing the services;
(c) the proportion of the front-end payment or the cost
of the installation of services to be paid by each
owner who is a party to the agreement;
(d) the agreement of the owners to immediately pay to
the municipality the actual costs incurred by the
municipality in the installation of the services in
accordance with the proportions determined under
clause (c);
(e) the agreement of the municipality to immediately
reimburse the owners if the actual cost incurred by
the municipality in the installation of the services is
lower than the estimated cost in accordance with
the proportions determined under clause (c);
(f) a description of the benefiting area for each of the
services;
(g) a list of the services in the agreement for which a
development charge is payable;
(h) a list of the services in the agreement which are ser-
vices described in subsection 3 (7);
(i) a description of the manner in which the portion of
the payment to be made by each benefiting owner
with respect to the services listed in clause (g) is to
be calculated;
(j) if the agreement provides for the installation of ser-
vices by the owners who are parties to the agree-
ment, the agreement of the municipality to use the
reasonable cost to the owners of installing the ser-
vices in making the calculations under clause (i);
Contents of
agreement
18
Bill 20
DEVELOPMENT CHARGES
1989
Idem
Idem
Front-ending
agreement
(k) the agreement of the municipality to require each
benefiting owner to pay, with respect to the services
listed in clause (g), that benefiting owner's portion
of the front-end payment; and
(1) the period of time during which the agreement is in
force.
(3) A front-ending agreement may provide that the reason-
able costs to the municipality of administering the agreement,
including the cost of consultants and studies required in
preparation of the agreement, are to be included in calculating
the front-end payment,
(4) A front-ending agreement may provide for the indexing
of the payments required to be made by the benefiting owner
under clause (2) (k).
22. — (1) The municipality shall give notice of the front-
ending agreement,
(a) by mailing it to all owners within the benefiting
area; or
(b) by publishing it in a newspaper having general cir-
culation in the municipality. ^^fl^
Contents of (2) The noticc referred to in subsection (1) shall explain the
"°^"^^ nature and purpose of the agreement and shall indicate that
the agreement can be viewed in the office of the clerk during
normal office hours.
Objections (3) Any owner to whom notice of the agreement is given,
except a party to the agreement, may object to the agreement
by filing a written objection with the clerk of the municipality
within twenty-one days of the date of the giving of the notice
of the agreement.
Notice
Effective
date of
agreement
(4) For the purposes
deemed to be given,
of subsection (3), notice shall be
(a) where notice is given by mail, on the day the mail-
ing of all required notices is completed; or
(b) where notice is given by publication in a newspaper,
on the day that the publication occurs. ^^
(5) If no objection is filed within twenty-one days, the
agreement shall be deemed to have come into effect on the
date it was fully executed.
1989
DEVELOPMENT CHARGES
Bill 20
19
(6) If an objection is filed, the clerk shall immediately for- S^'j? o'°"^ *°
ward it to the Municipal Board.
(7) The Municipal Board shall hold a hearing and shall con- [^^?,™s ^°
firm the agreement, refuse to confirm the agreement or direct
a municipality to make changes to the agreement.
Effective
date where
objection
(8) If an objection is filed under subsection (3), the agree-
ment comes into effect when approved by the Municipal
Board or, if changes are directed by the Board, when the
municipality and the other parties to the agreement have exe-
cuted the agreement as directed to be changed by the Board.
(9) The parties to the Municipal Board hearing are the ^^^'^^
municipality, the other parties to the agreement and the
owners who filed written objections within the period referred
to in subsection (3).
(10) The Municipal Board may, where it is of the opinion
that the objection to the agreement is insufficient, dismiss the
objection without holding a full hearing, but before dismissing
the objection it shall notify the objector and give the objector
an opportunity to make representations as to the merits of the
objection. -^t-
Early
dismissal of
objection
23. Section 64 of the Ontario Municipal Board Act does o.m.b
not apply to a front-ending agreement or to special accounts reqiS "°*
R.S.O. 1980,
c. 347
Registration
R.S.O. 1980,
cc. 445. 230
established under sections 27 and 28.
24. An agreement entered into under section 21 may be
registered against the land in the benefiting area, and subject
to the Registry Act and the Land Titles Act, the municipality,
(a) may enforce the provisions of the agreement against
any and all subsequent owners of the lands owned
by the parties thereto; and
(b) may enforce the provisions of the agreement made
under clauses 21 (2) (d) and (k). subsection 21 (4)
and section 26 against any and all owners and subse-
quent owners of lands in the benefiting area.
25. If a front-ending agreement is in effect, no person Compliance
shall undertake any development that requires an approval "^'^^^^^'^
mentioned in subsection 3 (1) within a benefiting area until
section 26 has been complied with.
26. A municipality that has entered into a front-ending Payments to
agreement shall require a benefiting owner to pay the benefit- agreement
ing owner's portion of the front-end payment as a condition of
20
Bill 20
DEVELOPMENT CHARGES
1989
an approval granted during the term of the agreement of any
development on that portion of the benefiting owner's land
located within the benefiting area. -^^
Special
accounts
27. — (1) The municipality shall place all money received
from the parties to the front-ending agreement in a special
account and shall use the funds in such account only for,
(a) paying the actual net cost of the installation of the
services specified in the agreement; and
(b) reimbursing to the parties to the agreement any
funds remaining in the account after the installation
of the services referred to in clause (a).
Idem
Distribution
of section 26
funds
(2) During the term of the agreement the municipality shall
provide annually to the parties to the front-ending agreement
a statement setting out the particulars of payments made out
of the account, the balance remaining in the account and addi-
tional payments, if any, that are or will be required from the
parties pursuant to the agreement.
28. — (1) The municipality shall place money received
under section 26 in a special account and shall, immediately
upon receipt of the money, by registered mail,
Payment to
party
Payment into
court
Notification
of payment
(a) notify the parties to the front-ending agreement that
the money is available to be paid out; and
(b) request the parties to give directions to the
pality as to whom the money is to be paid.
munici-
(2) Upon receipt of a direction from a party to a front-
ending agreement, the municipality shall pay to the party
named in the direction the proportion of the money received
by the municipality to which the party is entitled.
(3) If within ninety days of mailing the notice under sub-
section (1) the municipality has not received a direction from
a party, the municipality may pay the money owing to that
party into the Supreme Court.
(4) A municipality that has paid money into court under
subsection (3) shall immediately notify the party to whom the
money is owing, by registered mail sent to the party's last
known address, that.
(a) the money has been paid into court; and
1989 DEVELOPMENT CHARGES Bill 20 21
(b) the party must apply to the court for the release of
the money.
(5) If the party to whom notice was sent, or an heir, succes- Application
sor or assign thereof, has not applied to the court under clause fundT
(4) (b) within twelve months of the mailing of the notice, the
municipality may apply to the court for the release of the
money to the municipality.
(6) If the court has not received a request for the release of Release of
the money before the application of the municipality is
received, it shall release the money to the municipality.
(7) The municipality may place money released by the Fund's to
court in its general account. fccoum
(8) The municipality is required to reimburse the parties to Limited
the agreement only when the money referred to in subsection ^^^^'^^^ ' "^
(1) is paid and only in accordance with subsections (1) to (4).
(9) Payments made under subsection (1) with respect to Deductions
services referred to in clause 21 (2) (g) shall be deducted from
the amount otherwise payable by an owner pursuant to a
development charge by-law. -^-
PART III
EDUCATION DEVELOPMENT CHARGES
29.— (D In this Part, Definitions
"board" means a board described in paragraph 3 of subsection
1 (1) of the Education Act, other than, R s.o. i980,
^ ^ c. 129
(a) a board established under section 70 of the
Education Act,
(b) a board of education for an area municipality in The
Municipality of Metropolitan Toronto,
(c) The Metropolitan Toronto French-Language School
Council, and
(d) The Ottawa-Carleton French-language School
Board,
but includes the public sector and the Roman Catholic sec-
tor of The Ottawa-Carleton French-language School Board
and The Metropolitan Toronto School Board;
22 Bill 20 DEVELOPMENT CHARGES 1989
["commercial development" means a development other than
I a residential development;
"education capital cost" means costs incurred or proposed to
be incurred by a board,
(a) to acquire school facilities to provide pupil accom-
modation,
(b) to construct, expand, alter or improve school facili-
ties to provide pupil accommodation,
(c) to furnish or equip the school facilities described in
clauses (a) and (b), and
(d) to undertake studies in connection with any of the
matters in clauses (a), (b) and (c); ^^^
"education development charge" means a development charge
imposed under a by-law passed under section 30 respecting
growth-related net education capital costs incurred or pro-
posed to be incurred by a board;
"education development charge by-law" means a by-law
passed under subsection 30 (1);
"education development charges account" means an account
established in accordance with the regulations for money
collected under an education development charge by-law;
"growth-related net education capital cost" means the
prescribed portion of the net education capital cost reason-
ably attributable to the need for such net education capital
cost that is attributed to or will resuh from development in
all or part of the area of jurisdiction of a board;
"net education capital cost" means the education capital cost
reduced by any capital grants and subsidies paid or that
may be paid to the board in respect of such education
capital cost;
"owner" means the owner of the land or a person who has
made application for an approval for the development of
the land upon which an education development charge is
imposed;
"pupil accommodation" means a building to accommodate
pupils or an addition or alteration to a building that enables
the building to accommodate an increased number of
pupils;
1989 DEVELOPMENT CHARGES Bill 20 23
I
"school facilities" means a school site described in paragrap
53 of subsection 1 (1) of the Education Act. RS.o. i98o,
.^^ ^ ' c. 129
(2) In this Part, reference to the area of jurisdiction of a interpretation
board, in the case of a county combined separate school board
or a district combined separate school board, is the area desig-
nated by the regulations made under the Education Act.
30. — (1) If there is residential development in the area of Education
jurisdiction of a board that would increase education capital charge^^^iaw
costs, the board may pass by-laws for the imposition of educa-
tion development charges against land undergoing residential
and commercial development in that area if the residential
and commercial development require,
(a) the passing of a zoning by-law or of an amendment
thereto under section 34 of the Planning Act, 1983; i983, c. i
(b) the approval of a minor variance under section 44 of
the Planning Act, 1983;
(c) a conveyance of land to which a by-law passed
under subsection 49 (7) of the Planning Act, 1983
applies;
(d) the approval of a plan of subdivision under section
50 of the Planning Act, 1983;
(e) a consent under section 52 of the Planning Act,
1983;
(f) the approval of a description under section 50 of the
Condominium Act; or Rs.o. i980,
c. 84
(g) the issuing of a permit under the Building Code Act R so. i980,
in relation to a building or structure. '^ ^^
(2) Subsection (1) does not apply in respect of an action Exceptions
mentioned in clauses (1) (a) to (g) that would have the effect
only, -*^
(a) of permitting the enlargement of an existing dwell-
ing unit; or
(b) of creating one or two additional dwelling units as
prescribed, in prescribed categories of existing resi-
dential buildings.
(3) A by-law passed under subsection (1) shall. Contents of
^ ' by-law
24
Bill 20
DEVELOPMENT CHARGES
1989
Indexing
Limited
exemption
R.S.O. 1980,
c. 31
(a) designate the categories of residential development
and commercial development upon which an educa-
tion development charge shall be imposed;
(b) designate those uses of land, buildings or structures
upon which an education development charge shall
be imposed;
(c) designate the areas in which an education develop-
ment charge shall be imposed; and
(d) subject to the regulations, establish the education
development charges to be imposed in respect of
the designated categories of development and the
designated uses of land, buildings or structures.
(4) A by-law passed under subsection (1) may provide for
the indexing of education development charges based on one
of the prescribed indices.
(5) No land, except land owned by and used for the pur-
poses of a board or a municipality, is exempt from an educa-
tion development charge under a by-law passed under sub-
section (1) by reason only that it is exempt from taxation
under section 3 of the Assessment Act.
Interpretation (5) jn subscctiou (5), "board" has the same meaning as in
section 29 except that it includes the boards described in
clauses (a) to (d) of that definition. '^i^
Public
meeting
Conditions Q) xhc imposition of an education development charge by
a board is subject to the prescribed conditions.
31. — (1) Before passing an education development charge
by-law, except a by-law passed pursuant to an order of the
Municipal Board made under clause (11) (b), the board,
(a) shall hold at least one public meeting;
(b) shall give notice of the meeting in the manner and
to the persons and organizations prescribed; and
(c) shall ensure that sufficient information is made
available to enable the public to understand gener-
ally the education development charge proposal.
Right to be (2) The meeting referred to in subsection (1) shall be held
^^^ no earlier than twenty days after the requirements for the giv-
ing of notice have been complied with and any person who
1989
DEVELOPMENT CHARGES
Bill 20
25
attends the meeting may make representations in respect of
the proposed education development charges.
(3) If the board passes an education development charge
by-law, other than a by-law passed pursuant to an order of the
Municipal Board under clause (11) (b), the secretary of the
board shall, not later than fifteen days after the day the
by-law is passed, give written notice of the passing of the
by-law in the manner and in the form and to the persons and
organizations prescribed and the notice shall specify the last
day for filing a notice of appeal under subsection (4).
Notice of
by-law
(4) Any person or organization may, not later than twenty Appeal
days after written notice under subsection (3) is given, appeal
to the Municipal Board by filing with the secretary of the
board a notice of appeal setting out the objection to the
by-law and the reasons in support of the objection.
(5) For the purposes of subsection (4), written notice shall Timing of
notice
be deemed to be given,
(a) where notice is given by publication in a newspaper,
on the day that the publication occurs;
(b) where notice is given by mail, on the day that the
mailing of all required notices is completed; or
(c) where notice is given by publication and by mail, on
the later of the days that publication occurs or mail-
ing is completed.
(6) The secretary of the board who receives a notice of Record
appeal shall compile a record which shall include,
(a) a copy of the by-law certified by the secretary;
(b) an affidavit or declaration certifying that the
requirements for the giving of notice under subsec-
tion (3) have been complied with; and
(c) the original or a true copy of all written submissions
and material received in respect of the by-law
before it was passed.
(7) The secretary of the board shall forward the notice of Notice and
appeal and the record to the secretary of the Municipal Board om.b^°
within thirty days of the last day of appeal and shall provide
such other information or material as the Municipal Board
may require in respect of the appeal.
26
Bill 20
DEVELOPMENT CHARGES
1989
Affidavit,
declaration
conclusive
evidence
(8) An affidavit or declaration of the secretary of the board
that notice was given as required by subsection (3) or that no
notice of appeal was filed under subsection (4) within the time
allowed for appeal is conclusive evidence of the facts stated
therein.
Hearing
Eariy
dismissal of
appeal
Determi-
nation by
O.M.B.
(9) The Municipal Board shall hold a hearing notice of
which shall be given to such persons or organizations and in
such manner as the Municipal Board may determine.
(10) The Municipal Board may, where it is of the opinion
that the objection to the by-law set out in the notice of appeal
is insufficient, dismiss the appeal without holding a full hear-
ing but before dismissing the appeal shall notify the appellant
and give the appellant the opportunity to make representa-
tions as to the merits of the appeal.
(11) The Municipal Board may,
(a) dismiss the appeal;
(b) order the board to repeal the by-law in whole or in
part or to amend the by-law in accordance with the
Municipal Board's order; or
(c) repeal the by-law in whole or in part or amend the
by-law in such manner as the Municipal Board may
determine. -^^
Restriction (12) Despite subsection (11), the Municipal Board may not
amendments amend or Order the amendment of a by-law so as to,
(a) increase an education development charge imposed
by the by-law; or
(b) alter the term of the by-law.
^hen^^y-iaw 32. — (1) An education development charge by-law comes
into force on the fifth day following the day it is passed or the
day specified in the by-law, whichever is later.
re^Sr^*"^ (2) If the Municipal Board orders a board to repeal a
repea by-law in whole or in part, that part of the by-law that is
repealed shall be deemed to have been repealed on the day
the by-law came into force.
Refund
(3) The treasurer of the education development charges
account shall refund all education development charges paid
under the by-law or that part of the by-law that is repealed
under subsection 31 (11),
1989
DEVELOPMENT CHARGES
Bill 20
27
(a) if repealed by the Municipal Board, within thirty
days of the date of the order of the Municipal
Board; or
(b) if repealed by the board, within thirty days of the
date of repeal. -^^
(4) If the Municipal Board orders a board to amend a Retroactive
by-law in whole or in part, that part of the by-law that is ^""^^ '"^"^
amended ceases to be in force and the amendment shall be
deemed to have come into force on the date the by-law came
into force.
(5) The treasurer of the education development charges Refunds
account shall refund the difference between the education
development charges paid under that part of the by-law that is
amended under subsection 31 (11) and the education develop-
ment charges required to be paid under the amendment,
(a) if the by-law is amended by the Municipal Board,
within thirty days of the date of the order of the
Municipal Board; or
(b) if the by-law is amended by the board, within thirty
days of the date of the amendment. -^^
(6) A repeal or amendment made under subsection 31 (11) Restrictions
is not subject to appeal under subsection 31 (4).
on appeal
(7) A refund under this section shall be paid to the owner direct refund
and the treasurer of the education development charges
account shall inform the municipal treasurer of the amount of
the refund.
33. — (1) An education development charge by-law expires Expiration of
five years after the date it comes into force. ^ ^*
(2) Despite subsection (1), a board may,
(a) provide in the by-law for a term of less than five
years; or
Idem
(b) repeal the by-law.
f(3) Despite subsection (1), if an education development Concurrent
large by-law is in force in respect of an area, the term of an
education development charge by-law passed by another
board with respect to the same area shall expire on the date of
expiration of the first-mentioned by-law.
28
Bill 20
DEVELOPMENT CHARGES
1989
Change of
term
(4) Where a board repeals its education development
charge by-law and another board that has jurisdiction in all or
part of the same area has passed a by-law that under subsec-
tion (3) would expire on the date of expiration of the first-
mentioned by-law, that other board may determine that the
by-law shall be in effect for up to five years after the date it
comes into force and, where it does so, the board shall give
notice of its determination to the same persons and in the
same manner as provided under subsection 37 (1).
New (5) Subject to subsections (6), (7) and (8), a board that has
deSpment passcd an education development charge by-law that is in
charge by-law forcc may pass a new education development charge by-law.
Review of
policies
Public
meeting
(6) Before passing a new education development charge
by-law, the board shall conduct a review of the education
development charge policies of the board.
(7) In conducting a review under subsection (6), the board
shall ensure that adequate information is made available to
the public, and for this purpose shall hold at least one public
meeting, notice of which shall be given in at least one news-
paper having general circulation in the area of jurisdiction of
the board.
Idem
Amendment
Idem
(8) Sections 31 and 37 apply with necessary modifications
to a by-law under subsection (5).
34. — (1) A school board may amend an educatioa devel-
opment charge by-law and the amendment shall come into
force on the fifth day following the date the amendment is
passed and the part of the by-law that is amended ceases to be
in force on that day. '^
(2) Sections 31 and 37 apply with necessary modifications
to an amendment made under this section.
Payment of
charge
35. — (1) An education development charge is payable,
(a) to the municipality in which the development takes
place on the date a building permit is issued in rela-
tion to a building or structure on land to which an
education development charge applies; or
(b) if the development takes place in territory without
municipal organization, to the board that imposed
the education development charge thirty days after
the board mails a notice to the owner setting out
the amount of the charge.
1989
DEVELOPMENT CHARGES
Bill 20
29
(2) An education development charge imposed by a board commercial
in respect of commercial development is the amount deter- ^^^"P'"^"^
mined in the manner prescribed or calculated using the for-
mula prescribed.
(3) Despite any other Act, a municipality is not required to charge to be
issue a building permit in relation to a building or structure on building ""^^
land to which an education development charge by-law applies permit issued
unless the education development charge has been paid.
(4) Despite subsection (1), and subject to subsection (5) Facilities in
and the consent of the Minister of Education, a board may by paJnSent
agreement permit an owner to provide school facilities in lieu
of the payment of all or any portion of an education develop-
ment charge and the board,
(a) shall advise the treasurer of the municipality in
which the land is situate of the amount of the credit
that shall be applied against the education develop-
ment charge; or
(b) if the land is located in territory without municipal
organization, shall provide a credit to the owner
against the educational development charge.
(5) If more than one board has jurisdiction in an area and Necessary
one or more boards are to receive school facilities under sub-
section (4), all of the boards that have imposed an education
development charge in that area are required to be parties to
the agreement.
36. — (1) An owner or board may complain in writing to Complaints
the council of the municipality in which the land is situate or,
where the land is situate in territory without municipal organi-
zation, an owner may complain to the board that, in respect
of the education development charge of that owner,
(a) the amount of the education development charge
imposed was incorrect or based on incorrect data;
(b) there was an error in the application of the educa-
tion development charge by-law; or
(c) the amount credited to an owner under subsection
35 (4) is incorrect.
(2) An owner or board may not submit a complaint under when
subsection (1) after ninety days following the later of, ITmadT '°
30
Bill 20
DEVELOPMENT CHARGES
1989
Procedures
adopted
Refunds
(a) the date a building permit is issued, or if develop-
ment takes place in territory without municipal
organization, the date that the education develop-
ment charge is payable under clause 35 (1) (b); or
(b) the date an agreement is entered into under sub-
section 35 (4). "^^
(3) Subsections 8 (3) to (14) apply with necessary modifica-
tions to a complaint under subsection (1).
(4) If a final determination of a complaint has been made
and" a refund is due to the owner, the treasurer of the educa-
tion development charges account shall pay the amount of the
refund to the treasurer of the municipality who shall reim-
burse the owner.
Idem (5) If a final determination of a complaint has been made
and" a refund is due to the school board, the treasurer of the
municipality shall pay the amount of the refund to the trea-
surer of the education development charges account.
Underpayments (5) If a final determination of a complaint has been made
and" the owner is required to pay an additional amount, the
treasurer of the municipality or, in respect of territory without
municipal organization, the treasurer of the board, shall col-
lect the additional amount due from the owner and shall remit
the amount to the treasurer of the education development
charges account. ^^'
Distribution
of by-law
Special
accounts
R.S.C. 1985,
c. B-1
1987, c. 33
Territory
without
municipal
organization
37. — (1) A board that passes a by-law under subsection
30 (1) shall submit to the treasurer of each municipality all or
part of which is made subject to an education development
charge a copy of the by-law and provide a copy to the secre-
tary of any other board that has jurisdiction in the same or
part of the same area of the board that passed the by-law and
forward a copy to the Minister of Education.
(2) Educational development charges accounts shall be
established in accordance with the regulations and deposited
with a chartered bank listed in Schedule A to the Bank Act
(Canada) or a trust corporation registered under the Loan and
Trust Corporations Act, 1987. ^^
(3) Where the area of jurisdiction of a board includes terri-
tory without municipal organization, all or part of which is
made subject to an education development charge, the board
shall exercise the powers and duties of a municipal council for
such territory in respect of collecting the charge and the offic-
1989
DEVELOPMENT CHARGES
Bill 20
31
ers of the board have the same powers and duties as similar
officers in a municipality.
(4) Where an education development charge is imposed by Collection of
a board, the treasurer of the municipality or board, as the ^ ^^^^
case requires, shall collect the charge imposed when due and,
on or before the 25th day of the month next following the
month in which the charge is collected, shall deposit the
amount of the charge in the education development charges
account established in respect of the by-law under which the
charge is imposed.
(5) On or before the fifth day of the month following a statement
month in which a deposit is made under subsection (4), the
treasurer of the municipality shall forward to the treasurer of
the board or the treasurer of the board shall prepare a state-
ment setting out the prescribed information in respect of the
period that began on the 26th day of the month before the
preceding month and that ended on the 25th day of the pre-
ceding month.
(6) If two or more boards have imposed an education I'Jem
development charge by-law upon an area, the statement men-
tioned in subsection (5) shall be prepared in respect of the
money collected and forwarded to the treasurer of each board
that passed a by-law under which the money was collected.
38. A board that has passed an education development Registration
charge by-law may register the by-law or a certified copy of it
on the land to which it applies. -i^
39. If an education development charge or any part Collection
thereof remains unpaid after the due date, the amount unpaid
shall be added to the tax roll of the municipality or board, as
the case requires and shall be collected as taxes and remitted
to the treasurer of the education development charges account
established in respect of the by-law under which the education
development charge is imposed.
40. On or before the 25th day of the month next following Transfer of
the month in which an education development charge is col- '"""^^
lected under section 39, the municipality shall pay to the trea-
surer of the education development charges account all money
received in payment of education development charges.
41. If an upper tier municipality issues building permits, upper tier
subsections 32 (7), 35 (1) and (4) and sections 36, 37 and 40 '"""'"p^I'*'^^
apply to the upper tier municipality and not to the area
municipality, -^t-
32 Bill 20 DEVELOPMENT CHARGES 1989
Interest 42. — (1) The treasurer of the education development
charges account shall pay interest out of the account to per-
sons to whom overpayments are refunded under subsections
32 (3) and (5) and 36 (4) calculated in the manner prescribed.
Period during (2) Interest shall be calculated from the time that the over-
Serest is payment was collected to the time that the refund is paid.
payable '^^
Payment of (3) The refund shall include the interest owed. -ii^
interest
Regulations 43, The Lieutenant Governor in Council may make regu-
lations that may have general or particular application in
respect of a board,
(a) respecting any matter that is referred to as pre-
scribed by the regulations;
(b) prescribing forms and providing for their use;
(c) governing the establishment and administration of
the education development charges account;
(d) providing for the application, placement in a
reserve, withdrawal and use of the money deposited
in or accredited to an education development
charges account and requiring the approval of the
Minister in respect of the manner in which or the
rate at which the money is withdrawn;
(e) prescribing the powers of the treasurer of the edu-
cation development charges account in relation to
the withdrawal of funds; ^^
(f) requiring the approval of the Minister of Education
to any factor, criterion, rate, amount, portion, esti-
mate or project used in determining an education
development charge;
(g) prescribing the manner of calculating or determin-
ing education development charges and prescribing
classes of persons that may make determinations
necessary for the calculation of education develop-
ment charges; "^
(h) providing for the sharing of proceeds where more
than one board establishes a charge in respect of the
same area;
(i) prescribing, for the purposes of subsection 30 (4),
an index or indices that may be used;
1989 DEVELOPMENT CHARGES Bill 20 33
(j) prescribing information which boards must provide
to other boards and to the Minister for the purposes
of developing education development charges under
this Part;
(k) prescribing methods of calculating and establishing
interest rates under section 42; -^h
(1) prescribing the manner in which notice shall be
given wherever notice is required under this Part,
the persons and agencies to whom notice shall be
given, and the form of the notice;
(m) prescribing the terms of agreements for credit in
lieu of payment of education development charges,
determining the amount of the credit and governing
the allocation of the credit between or among
boards;
(n) requiring a board to exempt an owner from an edu-
cational development charge if the owner meets the
prescribed conditions. -^fc-
PART IV
GENERAL
44. — (1) A by-law or resolution providing for the payment Existing
of charges related to development that is in effect on the date Sge^""^"*
of the coming into force of this Act shall remain in effect until by-'aw
the earliest of,
(a) the repeal of the by-law or resolution;
(b) the coming into force of a by-law under section 3;
or
(c) two years after the date of the coming into force of
this Act, -^-
(2) A by-law or resolution referred to in subsection (1) No
shall not be amended during the period it remains in effect. pSmhS"*'
(3) Subsection (1) does not apply with respect to a by-law Exceptions
referred to in subsection 14 (3) or to a by-law passed under
section 41 of the Planning Act, 1983.
45* — (1) A municipality shall not enter into an agreement Certain
under section 50 or 52 of the Planning Act, 1983 that imposes K^"''
1983, c. 1
34
Bill 20
DEVELOPMENT CHARGES
1989
a charge related to a development, except a charge referred to
in subsection 3 (7), after the earlier of,
(a) the coming into force of a by-law under section 3;
or
(b) two years after the date of the coming into force of
this Act.
Idem
Referrals to
continue
Appeals
under
1983, c. 1
continued
Conflicts
(2) An agreement with respect to charges related to devel-
opment made under section 50 or 52 of the Planning Act, 1983
that is in effect on the earlier of the dates referred to in
clauses (1) (a) and (b) remains in effect. -i^
46. — (1) A request made before the coming into force of
this Act for a referral under subsection 50 (17) of the Planning
Act, 1983 with respect to a condition relating to a charge
related to development shall be continued and disposed of
under the Planning Act, 1983.
(2) An appeal made before the coming into force of this
Act under subsection 52 (7) of the Planning Act, 1983 with
respect to a condition relating to a charge related to develop-
ment shall continue and be disposed of under the Planning
Act, 1983.
(3) If a decision of the Municipal Board respecting a matter
mentioned under subsection (1) or (2) conflicts with a devel-
opment charge by-law, the decision of the Board prevails to
the extent of the conflict.
Agreements
not affected
1983, c. 1
No right of
petition
R.S.O. 1980,
c. 347
Conflicts
Commence-
ment
47. Except as stated herein, this Act does not affect an
agreement made under section 50 or 52 of the Planning Act,
1983.
48. Despite section 94 of the Ontario Municipal Board
Act, there is no right to file a petition under that section in
respect of any order or decision of the Municipal Board made
in respect of any matter appealed to the Board under this Act.
49. In the event of conflict between the provisions of this
Act and any other general or special Act, the provisions of
this Act prevail.
50. This Act comes into force on the day it receives Royal
Assent.
Short title
51. The short title of this Act is the Development Charges
Act, 1989.
Mil 20
ND SESSION, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 20
(Chapter 58
Statutes of Ontario, 1989)
An Act to provide for the
Payment of Development Charges
The Hon. J. Sweeney
Minister of Municipal Affairs
1st Reading
May 17th, 1989
2nd Reading
June 26th, 1989
3rd Reading
November 22nd, 1989
Royal Assent
November 23rd, 1989
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
Bill 20
1989
An Act to provide for the
Payment of Development Charges
CONTENTS
Section
1 . Definitions
2. Administration
PARTI
DEVELOPMENT CHARGES
3. By-laws respecting development
charges
4. Public meeting
5. Date by-law effective
6. Expiration of by-law
7. Amendments
8. Complaints
9. When charge is due
10. Upper tier municipalities
1 ] . Notice of by-law
12. Collection
13. Credit for services
14. Credits
15. Multiple requirements
16. Reserve fund
17. Statement of treasurer
18. Interest
19. Regulations
PART II
FRONT-END PAYMENTS
20. Definition
21. Front-ending agreement
22. Front-ending agreement
23. O.M.B. approval not required
24. Registration
25. Compliance necessary
26. Payments to parties to
agreement
27. Special accounts
Section
28. Distribution of section 26 funds
PART III
EDUCATION DEVELOPMENT
CHARGES
29. Definitions
30. Education development charge
by-law
31. Public meeting
32. When by-law effective
33. Expiration of by-law
34. Amendment
35. Payment of charge
36. Complaints
37. Distribution of by-law
38. Registration of notice
39. Collection
40. Transfer of money
41. Upper tier municipalities
42. Interest
43. Regulations
PART IV
GENERAL
44. Existing development charges
by-law
45. Certain agreements under 1983,
c. 1
46. Referrals to continue
47. Agreements not affected
48. No right of petition
49. Conflicts
50. Commencement
51. Short title
2 Bill 20 DEVELOPMENT CHARGES 1989
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
Definitions 1, In this Act,
"area municipality" means,
(a) a town, other than a separated town, township or
village in a county, and
(b) a city, town, village or township in a regional, met-
ropolitan or district municipality;
"benefiting area" means an area defined by a map, plan or
legal description in a front-ending agreement as an area
that will receive a benefit from the construction of a
service;
"capital cost" means costs incurred or proposed to be incurred
by a municipality or a local board thereof directly or under
an agreement,
(a) to acquire land or an interest in land,
(b) to improve land,
(c) to acquire, construct or improve buildings and
structures,
(d) to acquire, construct or improve facilities including,
(i) rolling stock, furniture and equipment, and
(ii) materials acquired for circulation, reference
or information purposes by a library board as
1984, c. 57 defined in the Public Libraries Act, 1984, and
(e) to undertake studies in connection with any of the
matters in clauses (a) to (d),
required for the provision of services designated in a devel-
opment charge by-law within or outside the municipality,
including interest on borrowing for those expenditures
under clauses (a), (b), (c) and (d) that are growth-related;
"development" includes redevelopment;
1989 DEVELOPMENT CHARGES Bill 20
"development charge" means a charge imposed with respect
■^ to growth-related net capital costs against land under a
H by-law passed under section 3;
I
levelopment charge by-law" means a by-law passed under
section 3;
"front-end payment" means a payment made by an owner
pursuant to a front-ending agreement, which may be in
addition to a development charge that the owner is
required to pay under a development charge by-law, to
cover the net capital costs of the services designated in the
agreement that are required to enable the land to be devel-
oped;
"front-ending agreement" means an agreement made under
section 21 ;
"growth-related net capital cost" means the portion of the net
capital cost of services that is reasonably attributable to the
need for such net capital cost that results or will result from
development in all or a defined part of the municipality;
"local board" means a local board as defined in the Municipal R s.o. i980,
Affairs Act, other than a board defined in subsection
29 (6);
"municipality" means a city, town, village, township,
improvement district or county or a regional, metropolitan
or district municipality;
"Municipal Board" means the Ontario Municipal Board;
"net capital cost" means the capital cost less capital grants,
subsidies and other contributions made to a municipality or
that the council of the municipality anticipates will be
made, including conveyances or payments under sections
41, 50 and 52 of the Planning Act, 1983, in respect of the i983, c. i
capital cost;
"owner" means the owner of land or a person who has made
application for an approval for the development of land
upon which a development charge is imposed;
"prescribed" means prescribed by regulations made under this
Act;
"services" means services designated in a development charge
by-law or in an agreement made under section 21, as
applicable;
Bill 20
DEVELOPMENT CHARGES
1989
Adminis-
tration
"upper tier municipality" means a county or a regional, met-
ropolitan or district municipality.
2. The Minister of Municipal Affairs is responsible for the
administration of Parts I, II and IV and the Minister of Edu-
cation is responsible for the administration of Part III.
PARTI
DEVELOPMENT CHARGES
By-laws
respecting
development
charges
1983, c. 1
R.S.O. 1980,
c. 84
R.S.O. 1980,
c. 51
Exceptions
Mandatory
provisions
3. — (1) The council of a municipality may pass by-laws for
the imposition of development charges against land if the
development of the land would increase the need for services
and the development requires,
(a) the passing of a zoning by-law or of an amendment
thereto under section 34 of the Planning Act, 1983;
(b) the approval of a minor variance under section 44 of
the Planning Act, 1983;
(c) A conveyance of land to which a by-law passed
under subsection 49 (7) of the Planning Act, 1983
applies;
(d) the approval of a plan of subdivision under section
50 of the Planning Act, 1983;
(e) a consent under section 52 of the Planning Act,
1983;
(f) the approval of a description under section 50 of the
Condominium Act; or
(g) the issuing of a permit under the Building Code Act
in relation to a building or structure.
(2) Subsection (1) does not apply in respect of an action
mentioned in clauses (1) (a) to (g) that would have the effect
only,
(a) of permitting the enlargement of an existing dwell-
ing unit; or
(b) of creating one or two additional dwelling units as
prescribed, in prescribed categories of existing resi-
dential buildings.
(3) A by-law passed under subsection (1) shall,
1989 DEVELOPMENT CHARGES Bill 20 5
(a) designate those uses of land, buildings or structures
upon which a development charge shall be imposed;
(b) designate the areas within which a development
charge shall be imposed;
(c) establish the development charge, or the schedule
of development charges, to be imposed in respect of
the designated uses of land, buildings or structures;
and
(d) designate services for which a development charge
may be imposed.
(4) A by-law passed under subsection (1) may, o^he'-
^ ' ■> ^ y ' J provisions
(a) provide for the indexing of development charges
based on one of the prescribed indices; and
(b) provide that a development charge shall be payable
in money or by the provision of services or by a
combination of both as may be agreed upon under
subsection 9 (9) by the municipality and the owner.
(5) Despite subsection (3), a by-law passed under subsec- ^^^^
tion (1) may,
(a) designate categories of institutions for the purposes
of clause (b);
(b) provide for a full or partial exemption of designated
categories of institutions from the payment of devel-
opment charges;
(c) designate categories of dwelling units as affordable
housing; and
(d) provide for a full or partial exemption of designated
categories of affordable housing from the payment
of development charges.
(6) No land, except land owned by and used for the pur- Limited
poses of a board as defined in subsection 29 (6) or a munici- ^^^^"^ '""
pality, is exempt from a development charge under a by-law
passed under subsection (1) by reason only that it is exempt
from taxation under section 3 of the Assessment Act. r.s.o. 1980.
c. 31
(7) No development charge may be imposed with respect Restriction
^' development
charges
Bill 20
DEVELOPMENT CHARGES
1989
1983, c. 1
(a) local services installed at the expense of the owner
within a plan of subdivision as a condition of
approval under section 50 of the Planning Act,
1983;
(b) local services installed at the expense of the owner
as a condition of approval under section 52 of the
Planning Act, 1983; or
R.S.O. 1980,
c. 302
(c) local connections to water mains, sanitary sewers
and storm drainage facilities installed at the expense
of the owner including amounts imposed under a
by-law passed under section 219 of the Municipal
Act.
Public
meeting
4. — (1) Before passing a development charge by-law,
except a by-law passed pursuant to an order of the Municipal
Board made under clause (11) (b), the council,
Right to be
heard
Notice of
by-law
Appeal
(a) shall hold at least one public meeting;
(b) shall give notice of the meeting in the manner and
to the persons and organizations prescribed; and
(c) shall ensure that sufficient information is made
available at the meeting to enable the public to
understand generally the development charges
proposal.
(2) The meeting referred to in subsection (1) shall be held
no earlier than twenty days after the requirements for the giv-
ing of notice have been complied with and any person who
attends the meeting may make representations in respect of
the proposed development charges.
(3) If the council passes a development charge by-law,
except a by-law passed pursuant to an order of the Municipal
Board under clause (11) (b), the clerk of the municipality
shall, not later than fifteen days after the day the by-law is
passed, give written notice of the passing of the by-law in the
form and to the persons and organizations prescribed and the
notice shall specify the last day for filing a notice of appeal
under subsection (4).
(4) Any person or organization may, not later than twenty
days after written notice under subsection (3) is given, appeal
to the Municipal Board by filing with the clerk of the munici-
pality a notice of appeal setting out the objection to the
by-law and the reasons in support of the objection.
1989 DEVELOPMENT CHARGES Bill 20 '
(5) For the purposes of subsection (4), the written notice Timing of
shall be deemed to be given,
(a) where notice is given by publication in a newspaper,
on the day that the publication occurs;
(b) where notice is given by personal service, on the
day that service of all required notices is completed;
or
(c) where notice is given by mail, on the day that the
mailing of all required notices is completed.
(6) A clerk of a municipality who receives a notice of Record
appeal shall compile a record which shall include,
(a) a copy of the by-law certified by the clerk;
(b) an affidavit or declaration certifying that the
requirements for the giving of notice under subsec-
tion (3) have been complied with; and
(c) the original or a true copy of all written submissions
and material received in respect of the by-law
before it was passed.
(7) The clerk shall forward the notice of appeal and the Notice and
record to
record to the secretary of the Municipal Board within thirty o.m.b.
days of the last day of appeal and shall provide such other
information or material as the Board may require in respect of
the appeal.
(8) An affidavit or declaration of the clerk of the munici- Affidavit,
pality that notice was given as required by subsection (3) or conclusive
that no notice of appeal was filed under subsection (4) within evidence
the time allowed for appeal is conclusive evidence of the facts
stated therein.
(9) The Municipal Board shall hold a hearing notice of Hearing
which shall be given to such persons or organizations and in
such manner as the Board may determine.
(10) The Municipal Board may, where it is of the opinion ^ariy
that the objection to the by-law set out in the notice of appeal ap^'aT^
is insufficient, dismiss the appeal without holding a full hear-
ing but before dismissing the appeal shall notify the appellant
and give the appellant an opportunity to make representations
as to the merits of the appeal.
(11) The Municipal Board may, Determi-
'^ •' nation by
O.M.B.
Bill 20
DEVELOPMENT CHARGES
1989
(a) dismiss the appeal;
(b) order the council of the municipality to repeal the
by-law in whole or in part or to amend the by-law in
accordance with the Board's order; or
(c) repeal the by-law in whole or in part or amend the
by-law in such manner as the Board may determine.
Restrictions (12) Despite subsection (11), the Municipal Board may not
amendments amend or Order the amendment of a by-law so as to,
(a) increase a development charge imposed by the
by-law; or
(b) alter the term of the by-law.
Date by-law
effective
5. — (1) A development charge by-law comes into force on
the date it is passed or the date specified in the by-law, which-
ever is later.
Retroactive
repeal
(2) If the Municipal Board orders the council of a munici-
pality to repeal a by-law in whole or in part, that part of the
by-law that is repealed shall be deemed to have been repealed
on the day the by-law came into force.
Refund (3) xhe municipality shall refund all development charges
paid under the by-law or that part of the by-law that is
repealed under subsection 4 (11),
(a) if repealed by the Municipal Board, within thirty
days of the date of the order of the Board; or
(b) if repealed by the council of the municipality, within
thirty days of the date of repeal.
Retroactive (4) If the Municipal Board orders the council of a munici-
amendments ^^j.^^ ^^ amend 3 by-law, the amendment shall be deemed to
have come into force on the day the by-law came into force.
Refunds
(5) The municipality shall refund the difference between
the development charges paid under that part of the by-law
that is amended under subsection 4 (11) and the development
charges required to be paid under the amendment,
(a) if the by-law is amended by the Municipal Board,
within thirty days of the date of the order of the
Board; or
1989 DEVELOPMENT CHARGES Bill 20 9
(b) if the by-law is amended by the council of the
municipality, within thirty days of the date of the
amendment.
(6) A repeal or amendment made under subsection 4 (11) is Restrictions
not subject to appeal under subsection 4 (4). °" ^^^^
(7) A municipality shall give notice of the particulars of a Notice of by-
development charge by-law that is in force in the manner and
to the persons prescribed.
6. — (1) A development charge by-law expires five years Expiration of
after the date it comes into force. ^' ^^
(2) Despite subsection (1), the council of a municipality i^em
may,
(a) provide in the by-law for a term of less than five
years; or
(b) repeal the by-law.
(3) Amendments to a by-law by council under subsection Term of
4 (1 1) or 7 (1) do not affect the term of the by-law. ^' ^^
(4) Subject to subsections (5), (6) and (7), the council of a New by-law
municipality in which a development charge by-law is in force
may pass a new development charge by-law,
(5) Before passing a new development charge by-law, the Review of
council shall conduct a review of the development charge poli- ^ "^'^^
cies of the municipality.
(6) In conducting a review under subsection (5), council P^^ic
shall ensure that adequate information is made available to "'^^''"^
the public, and for this purpose shall hold at least one public
meeting, notice of which shall be given in at least one news-
paper having general circulation in the municipality.
(7) Sections 4 and 5 apply with necessary modifications to Procedures
the passing of a by-law under subsection (4).
7. — (1) The council of a municipality that has passed a Amendments
development charge by-law may amend the by-law.
(2) Sections 4 and 5 apply with necessary modifications to Procedures
an amendment of a development charge by-law under subsec-
tion (1).
10
Bill 20
DEVELOPMENT CHARGES
1989
Complaints
When
complaint to
be made
Idem
Hearing
Determi-
nation by
council
8. — (1) An owner may complain in writing to the council
of a municipality in respect of the development charge
imposed by the municipality on the owner's development that,
(a) the amount of the development charge imposed was
incorrect or was based on incorrect data;
(b) the amount credited to the owner under section 13
is incorrect;
(c) the amount of a previous development charge beinj
credited under section 14 is incorrect; or
(d) there was an error in the application of the develop-
ment charge by-law.
(2) An owner may not submit a complaint under subsection
(1) after ninety days following the latest of,
(a) the date a building permit is issued;
(b) the date a development charge is payable under
subsection 9 (3); or
(c) the date a development charge is payable under at
agreement under subsection 9 (4) or (8).
(3) The complaint shall state the name and address where
notices can be given to the complainant and shall state the
reasons for the complaint.
(4) The council shall give the complainant the opportunity
to make representations and notice of the hearing shall be
mailed to the complainant by the clerk not less than fourteen
days before the date the complaint is to be considered.
(5) After hearing the evidence and submissions of the com-
plainant, the council may,
(a) confirm the development charge; or
(b) amend the development charge to the extent that,
in the opinion of the council, a review of any or all
of the matters in subsection (1) justifies such an
amendment.
Notice of
decision
(6) The clerk of the municipality shall, not later than fifteen
days after the day a decision is made by the council, give writ-
ten notice of the decision by mail to the complainant, and the
notice shall specify the last day for filing an appeal, which
1989 DEVELOPMENT CHARGES Bill 20 11
date shall be no earlier than twenty days after the date the let-
ter is mailed.
(7) The complainant may appeal the decision of the council Appeal
to the Municipal Board by filing with the clerk of the munici-
pality a notice of appeal setting out the reasons for the appeal.
(8) The clerk of the municipality who receives a notice of Record
appeal under subsection (7) shall compile a record which shall
include,
(a) a copy of the development charge by-law certified
by the clerk;
(b) an affidavit or declaration certifying that the
requirements for the giving of notice have been
complied with; and
(c) the original or a true copy of all written submissions
and material in support of the complaint.
(9) The clerk shall forward the notice of appeal and the Notice and
record to
record to the secretary of the Municipal Board within thirty q.m.b.
days of the last day of appeal and shall provide such other
information and material that the Board may require in
respect of the appeal.
(10) The parties to the appeal are the complainant and the Parties
municipality.
(11) The Municipal Board shall hold a hearing notice of Notjff„°^
which shall be given to the parties to the appeal.
hearing
(12) Despite subsection (11), the Municipal Board may, Early
where it is of the opinion that the complaint set out in the
notice of appeal is insufficient, dismiss the appeal without
holding a full hearing but before dismissing the appeal shall
notify the appellant and give the appellant an opportunity to
make representations as to the merits of the appeal.
(13) The Municipal Board may make any decision that ^^^f jj" ^y
could have been made by the council of the municipality.
Q.M.B.
(14) If the development charge is amended by the council Refund
or by the Municipal Board, the municipality shall immediately
refund the difference between the development charge paid
that was in dispute and the amount of the charge required by
the council or the Municipal Board to be paid.
12
Bill 20
DEVELOPMENT CHARGES
1989
When charge
is due
Effect of
non-payment
Exception
1983, c. 1
Agreement
respecting
payments
Idem
Payments
non-trans-
ferable
Credits non-
transferable
Exceptions in
agreements
Services in
lieu of
payment
Interest
9. — (1) A development charge is payable on the date a
building permit is issued in relation to a building or structure
on land to which a development charge applies.
(2) Despite any other Act, a municipality is not required to
issue a building permit in relation to a building or structure on
land to which a development charge applies unless the devel-
opment charge has been paid.
(3) Despite subsection (1), a municipality may, in a devel-
opment charge by-law, provide that a development charge
with respect to water supply services, sanitary sewer services,
storm drainage services, transportation services and electrical
power or energy services shall be payable, with respect to an
approval of a plan of subdivision under section 50 of the
Planning Act, 1983, immediately upon entering into the subdi-
vision agreement.
(4) A municipality may enter into an agreement with an
owner providing for the payment of a development charge
before the date otherwise required for payment under sub-
section (1) or (3). .
(5) Despite any provision of a development charge by-law,"
an owner entering into an agreement under subsection (4) is
required to pay only the development charge in effect on the
date it is payable under the agreement.
(6) The payments agreed to under subsection (4) are pay-
able by the owner entering into the agreement and are not
transferable to a subsequent owner.
(7) Credits given under section 13 or 14 to an owner who
has entered into an agreement under subsection (4) are not
transferable to a subsequent owner.
(8) Despite subsections (1) and (3), a municipality may
enter into an agreement with an owner providing for the pay-
ment of all or any portion of the development charge on dates
later than the issuing of a building permit or the entering into
of a subdivision agreement.
(9) Despite subsections (1) and (3), a municipality may by
agreement permit an owner to provide services in lieu of the
payment of all or any portion of a development charge.
(10) A municipality that has entered into an agreement
under subsection (8) may charge interest, at a rate stipulated
in the agreement, on that part of the development charge not
paid in accordance with subsection (1).
1989
DEVELOPMENT CHARGES
Bill 20
13
10. — (1) If ^ development charge is imposed by an upper Upper tier
tier municipality, the treasurer of the upper tier municipality '""""^■p^ '*'^^
shall certify to the treasurer of the area municipality in which
the land is located that the charge has been imposed, the
amount of the charge, the manner in which the charge is to be
paid and when the charge is due.
Collection of
development
charges
(2) The treasurer of the area municipality shall collect the
charge imposed by the upper tier municipality when due and
shall, unless an extension of time is agreed to by the upper
tier municipality, remit the amount of the charge to the trea-
surer of the upper tier municipality on or before the 25th day
of the month following the month in which the charge is
received by the area municipality.
(3) Despite subsection (2), a development charge imposed ^^^"^
by an upper tier municipality under subsection 9 (3), (4) or (8)
may be collected by the upper tier municipality.
(4) The treasurer of an upper tier municipality that has col- Certification
lected a development charge under subsection (3) shall certify
to the treasurer of the area municipality in which the land is
located that the charge has been collected.
(5) If building permits are issued by an upper tier munici- •'^em
pality, the chief building official of the upper tier municipality
shall certify to the treasurer of the area municipality in which
the land is located that all applicable law within the meaning
of the Building Code Act, except the payment of development R s.o. i980,
charges, has been complied with.
51
(6) The treasurer of the area municipality shall, upon i^em
receipt of the certificate under subsection (5) and upon pay-
ment of all development charges and education development
charges under Part III imposed on the development, immedi-
ately certify to the chief building official of the upper tier
municipality that all development charges and education
development charges have been paid.
(7) If building permits are issued by an upper tier munici- Delegation of
pality, the upper tier municipality may, if agreed to by the pow^eJ^"
area municipality, collect all development charges and educa-
tion development charges.
11. A municipality that has passed a development charge Noj'ce of
by-law may register the by-law or a certified copy of it on the ^" ^^
land to which it applies.
12. — (1) If the development charge or any part thereof Collection
imposed by a municipality, other than an upper tier munici-
14
Bill 20
DEVELOPMENT CHARGES
1989
pality, remains unpaid after the due date, the amount unpaid
shall be added to the tax roll and shall be collected as taxes.
Idem
(2) If the development charge or any part thereof imposed
by an upper tier municipality remains unpaid after the due
date, the treasurer of the upper tier municipality shall certify
to the treasurer of the area municipality in which the land is
located that the amount is unpaid and the amount unpaid
shall be added to the tax roll of the area municipality and
shall be collected as taxes.
Credit for
services
13. — (1) A municipality that permits the provision of ser-
vices in lieu of the payment of all or any portion of a develop-
ment charge shall give a credit for an amount equal to the rea-
sonable cost to the owner of providing the services.
Idem
(2) If a municipality and owner enter an agreement that
permits an owner to provide services additional to or of a
greater size or capacity than is required under a development'
charge by-law, the municipality may agree to give a credit for
an amount up to the reasonable cost to the owner of providing!
the services.
Idem
(3) A credit given under subsection (2) shall not be charged
to a reserve fund established under section 16.
Credits
1983, c. 1
Idem
Idem
R.S.O. 1980,
c. 302;
1960-61,
c. 120;
1961-62,
c. 171
14. — (1) If an owner or a former owner has, before the
coming into force of a development charge by-law, paid all or
any portion of a charge related to development pursuant to an
agreement under section 50 or 52 of the Planning Act, 1983 or
a predecessor thereof with respect to land within the area to
which the by-law applies, the municipality shall give a credit
for the amount of the charge paid.
(2) If an owner or a former owner has, before the coming
into force of a development charge by-law, provided services
in lieu of the payment of all or any portion of a charge related
to development pursuant to an agreement under section 50 or
52 of the Planning Act, 1983 or a predecessor thereof with
respect to land within the area to which the by-law applies,
the municipality shall give a credit for an amount equal to the
reasonable cost to the owner or to the former owner of pro-
viding the services.
(3) If an owner is required to pay a charge to a municipality
under a by-law passed under section 215 of the Municipal Act,
section 4 of The City of Ottawa Act, 1960-61 or section 1 of
The City of Toronto Act, 1961-62, the municipality shall
reduce the development charge payable under the develop-
1989
DEVELOPMENT CHARGES
Bill 20
15
ment charge by-law by an amount equal to the charge
imposed by that by-law.
(4) If a conflict exists between the provisions of a develop-
ment charge by-law and an agreement referred to in subsec-
tion (1) or (2), the provisions of the agreement prevail to the
extent of the conflict.
Conflicts
(5) If a conflict exists between the provisions of a develop-
ment charge by-law and any other agreement between a
municipality and an owner or a former owner with respect to
land within the area to which the by-law applies, the provi-
sions of the agreement prevail to the extent that there is a
conflict.
Idem
15. — (1) A municipality shall not levy more than one Mu't.ip'e
development charge on land to which a development charge '^^^""^^'"^"^^
applies even though two or more of the actions described in
clauses 3 (1) (a) to (g) are required before that land can be
developed.
(2) Despite subsection (1), if two or more of the actions I'lem
described in clauses 3 (1) (a) to (g) occur at different times, a
municipality may require the payment of an additional devel-
opment charge if the subsequent action has the effect of
increasing the need for services.
16. — (1) Payments received by a municipality under this Reserve fund
Part shall be maintained in a separate reserve fund or funds
and shall be used only to meet growth-related net capital costs
for which the development charge was imposed.
(2) Subsections 165 (2) and (3) of the Municipal Act apply R s^o. i980,
with necessary modifications to payments received by a s 155'
municipality under this Part. applies
17. The treasurer of the municipality shall, in each year, statement of
on or before such date as council may direct, furnish to the
council a statement in respect of each reserve fund established
under section 16 containing the information prescribed.
18. — (1) A municipality shall pay interest to persons to interest
whom overpayments are refunded under subsection 5 (3),
5 (5) or 8 (14) calculated in the manner prescribed.
(2) Interest shall be calculated from the time that the over-
payment was collected to the time that the refund is paid.
(3) The refund shall include the interest owed.
Idem
Idem
16
Regulations
Bill 20
DEVELOPMENT CHARGES
1989
Definition
19. The Lieutenant Governor in Council may make
regulations,
(a) prescribing, for the purposes of section 3, the
manner in which development charges shall be
calculated;
(b) prescribing the number of additional dwelling units
and the categories of existing residential buildings
for the purposes of clause 3 (2) (b);
(c) prescribing, for the purposes of section 3, those ser-
vices for which development charges shall not be
imposed;
(d) prescribing, for the purposes of clause 3 (4) (a), an
index or indices that may be used;
(e) prescribing, for the purposes of subsection 4 (1), the
persons that are to be given notice and the manner
in which notice is to be given;
(f) prescribing, for the purposes of subsection 4 (3), the .
persons and agencies that are to be given notice and
the manner and form in which notice is to be given;
(g) prescribing, for the purposes of subsection 5 (7), the
information to be provided in the notice and the
persons to whom notice is to be given;
(h) prescribing, for the purposes of section 13, the man-
ner in which credits shall be calculated;
(i) prescribing the information to be provided in a
statement of the treasurer under section 17;
(j) prescribing methods of calculating and establishing
interest rates under section 18;
(k) prescribing anything that in Parts I, II and IV of
this Act may be prescribed by regulation.
PART II
FRONT-END PAYMENTS
20. In this Part, "benefiting owner" means an owner of
land within a benefiting area other than an owner who is party
to a front-ending agreement.
1989
DEVELOPMENT CHARGES
Bill 20
17
21. — (1) A municipality that has passed a development Front-ending
charge by-law may enter into a front-ending agreement or ^^'"^^'"^"
agreements with any or all owners within a benefiting area
providing for the payment by those owners of a front-end pay-
ment or for the installation of services by the owners, or any
combination thereof.
(2) A front-ending agreement shall contain,
(a) a list of the services for which front-end payments
shall be made or services installed by the owner;
(b) the estimated cost of installing the services;
(c) the proportion of the front-end payment or the cost
of the installation of services to be paid by each
owner who is a party to the agreement;
Contents of
agreement
(d) the agreement of the owners to immediately pay to
the municipality the actual costs incurred by the
municipality in the installation of the services in
accordance with the proportions determined under
clause (c);
(e) the agreement of the municipality to immediately
reimburse the owners if the actual cost incurred by
the municipality in the installation of the services is
lower than the estimated cost in accordance with
the proportions determined under clause (c);
(f) a description of the benefiting area for each of the
services;
(g) a list of the services in the agreement for which a
development charge is payable;
(h) a list of the services in the agreement which are ser-
vices described in subsection 3 (7);
(i) a description of the manner in which the portion of
the payment to be made by each benefiting owner
with respect to the services listed in clause (g) is to
be calculated;
(j) if the agreement provides for the installation of ser-
vices by the owners who are parties to the agree-
ment, the agreement of the municipality to use the
reasonable cost to the owners of installing the ser-
vices in making the calculations under clause (i);
18
Bill 20
DEVELOPMENT CHARGES
1989
Idem
Idem
Front-ending
agreement
(k) the agreement of the municipality to require each
benefiting owner to pay, with respect to the services
listed in clause (g), that benefiting owner's portion
of the front-end payment; and
(1) the period of time during which the agreement is in
force.
(3) A front-ending agreement may provide that the reason-
able costs to the municipality of administering the agreement,
including the cost of consultants and studies required in
preparation of the agreement, are to be included in calculating
the front-end payment.
(4) A front-ending agreement may provide for the indexing
of the payments required to be made by the benefiting owner
under clause (2) (k).
22. — (1) The municipality shall give notice of the front-
ending agreement,
(a) by mailing it to all owners within the benefiting
area; or
(b) by publishing it in a newspaper having general cir-
culation in the municipality.
Contents of (2) The notice referred to in subsection (1) shall explain the
notice \ / 1.
nature and purpose of the agreement and shall indicate that
the agreement can be viewed in the office of the clerk during
normal office hours.
Objections
Notice
Effective
date of
agreement
(3) Any owner to whom notice of the agreement is given,
except a party to the agreement, may object to the agreement
by filing a written objection with the clerk of the municipality
within twenty-one days of the date of the giving of the notice
of the agreement.
(4) For the purposes of subsection (3), notice shall be
deemed to be given,
(a) where notice is given by mail, on the day the. mail-
ing of all required notices is completed; or
(b) where notice is given by publication in a newspaper,
on the day that the publication occurs.
(5) If no objection is filed within twenty-one days, the
agreement shall be deemed to have come into effect on the
date it was fully executed.
1989
DEVELOPMENT CHARGES
Bill 20
19
(6) If an objection is filed, the clerk shall immediately for-
ward it to the Municipal Board.
Objections to
O.M.B.
(7) The Municipal Board shall hold a hearing and shall con- "^^""s to
firm the agreement, refuse to confirm the agreement or direct
a municipality to make changes to the agreement.
Effective
date where
objection
(8) If an objection is filed under subsection (3), the agree-
ment comes into effect when approved by the Municipal
Board or, if changes are directed by the Board, when the
municipality and the other parties to the agreement have exe-
cuted the agreement as directed to be changed by the Board.
(9) The parties to the Municipal Board hearing are the Ponies
municipality, the other parties to the agreement and the
owners who filed written objections within the period referred
to in subsection (3).
Early
dismissal of
objection
(10) The Municipal Board may, where it is of the opinion
that the objection to the agreement is insufficient, dismiss the
objection without holding a full hearing, but before dismissing
the objection it shall notify the objector and give the objector
an opportunity to make representations as to the merits of the
objection.
23. Section 64 of the Ontario Municipal Board Act does o.m.b.
not apply to a front-ending agreement or to special accounts required "°^
^^tablished under sections 27 and 28. r.s.o. 198o,
c. 347
24. An agreement entered into under section 21 may be Registration
registered against the land in the benefiting area, and subject
to the Registry Act and the Land Titles Act, the municipality, R s.o. i980,
CC. ^rrj ., ^jyj
(a) may enforce the provisions of the agreement against
any and all subsequent owners of the lands owned
by the parties thereto; and
(b) may enforce the provisions of the agreement made
under clauses 21 (2) (d) and (k), subsection 21 (4)
and section 26 against any and all owners and subse-
quent owners of lands in the benefiting area.
25. If a front-ending agreement is in effect, no person Compliance
shall undertake any development that requires an approval "^'^"^^'^
mentioned in subsection 3 (1) within a benefiting area until
section 26 has been complied with.
26. A municipality that has entered into a front-ending Payments to
agreement shall require a benefiting owner to pay the benefit- agreement
ing owner's portion of the front-end payment as a condition of
20
Bill 20
DEVELOPMENT CHARGES
1989
Special
accounts
an approval granted during the term of the agreement of any
development on that portion of the benefiting owner's land
located within the benefiting area.
27. — (1) The municipality shall place all money received
from the parties to the front-ending agreement in a special
account and shall use the funds in such account only for,
(a) paying the actual net cost of the installation of the
services specified in the agreement; and
(b) reimbursing to the parties to the agreement any
funds remaining in the account after the installation
of the services referred to in clause (a).
Idem
Distribution
of section 26
funds
(2) During the term of the agreement the municipality shall
provide annually to the parties to the front-ending agreement
a statement setting out the particulars of payments made out
of the account, the balance remaining in the account and addi-
tional payments, if any, that are or will be required from the
parties pursuant to the agreement.
28. — (1) The municipality shall place money received
under section 26 in a special account and shall, immediately
upon receipt of the money, by registered mail,
(a) notify the parties to the front-ending agreement that
the money is available to be paid out; and
(b) request the parties to give directions to the munici-
pality as to whom the money is to be paid.
Payment to (2) Upon receipt of a direction from a party to a front-
^^^^ ending agreement, the municipality shall pay to the party
named in the direction the proportion of the money received
by the municipality to which the party is entitled.
Payment into (3) If within ninety days of mailing the notice under sub-
'^^"'^ section (1) the municipality has not received a direction from
a party, the municipality may pay the money owing to that
party into the Supreme Court.
Notification
of payment
(4) A municipality that has paid money into court under
subsection (3) shall immediately notify the party to whom the
money is owing, by registered mail sent to the party's last
known address, that,
(a) the money has been paid into court; and
1989 DEVELOPMENT CHARGES Bill 20 21
(b) the party must apply to the court for the release of
the money.
(5) If the party to whom notice was sent, or an heir, succes- Application
sor or assign thereof, has not applied to the court under clause fundT
(4) (b) within twelve months of the mailing of the notice, the
municipality may apply to the court for the release of the
money to the municipality.
(6) If the court has not received a request for the release of ^,^'^f ^ ^^
the money before the application of the municipality is
received, it shall release the money to the municipality.
funds
(7) The municipality may place money released by the Funds to
court in its general account. account
(8) The municipality is required to reimburse the parties to l^j^^f.
the agreement only when the money referred to in subsection
(1) is paid and only in accordance with subsections (1) to (4).
responsibility
(9) Payments made under subsection (1) with respect to Deductions
services referred to in clause 21 (2) (g) shall be deducted from
the amount otherwise payable by an owner pursuant to a
development charge by-law.
PART III
EDUCATION DEVELOPMENT CHARGES
29.— (1) In this Part, Definitions
"board" means a board described in paragraph 3 of subsection
1 (1) of the Education Act, other than, R so. i980,
^ ' c. 129
(a) a board established under section 70 of the
Education Act,
(b) a board of education for an area municipality in The
Municipality of Metropolitan Toronto,
(c) The Metropolitan Toronto French-Language School
Council, and
(d) The Ottawa-Carleton French-language School
Board,
but includes the public sector and the Roman Catholic sec-
tor of The Ottawa-Carleton French-language School Board
and The Metropolitan Toronto School Board;
22 Bill 20 DEVELOPMENT CHARGES 1989
"commercial development" means a development other than
a residential development;
"education capital cost" means costs incurred or proposed to
be incurred by a board,
(a) to acquire school facilities to provide pupil accom-
modation,
(b) to construct, expand, alter or improve school facili-
ties to provide pupil accommodation,
(c) to furnish or equip the school facilities described in
clauses (a) and (b), and
(d) to undertake studies in connection with any of the
matters in clauses (a), (b) and (c);
"education development charge" means a development charge
imposed under a by-law passed under section 30 respecting
growth-related net education capital costs incurred or pro-
posed to be incurred by a board;
"education development charge by-law" means a by-law
passed under subsection 30 (1);
"education development charges account" means an account
established in accordance with the regulations for money
collected under an education development charge by-law;
"growth-related net education capital cost" means the pre-
scribed portion of the net education capital cost reasonably
attributable to the need for such net education capital cost
that is attributed to or will result from development in all
or part of the area of jurisdiction of a board;
"net education capital cost" means the education capital cost
reduced by any capital grants and subsidies paid or that
may be paid to the board in respect of such education
capital cost;
"owner" means the owner of the land or a person who has
made application for an approval for the development of
the land upon which an education development charge is
imposed;
"pupil accommodation" means a building to accommodate
pupils or an addition or alteration to a building that enables
the building to accommodate an increased number of
pupils;
1989 DEVELOPMENT CHARGES Bill 20 23
"school facilities" means a school site described in paragraph
53 of subsection 1 (1) of the Education Act. RS.o. 1980,
^ ^ c. 129
(2) In this Part, reference to the area of jurisdiction of a interpretation
board, in the case of a county combined separate school board
or a district combined separate school board, is the area desig-
nated by the regulations made under the Education Act.
30. — (1) If there is residential development in the area of Education
jurisdiction of a board that would increase education capital charge^^^iaw
costs, the board may pass by-laws for the imposition of educa-
tion development charges against land undergoing residential
and commercial development in that area if the residential
and commercial development require,
(a) the passing of a zoning by-law or of an amendment
thereto under section 34 of the Planning Act, 1983; i983, c. i
(b) the approval of a minor variance under section 44 of
the Planning Act, 1983;
(c) a conveyance of land to which a by-law passed
under subsection 49 (7) of the Planning Act, 1983
applies;
(d) the approval of a plan of subdivision under section
50 of the Planning Act, 1983;
(e) a consent under section 52 of the Planning Act,
1983;
(f) the approval of a description under section 50 of the
Condominium Act; or r.s.o. 1980,
c. 84
(g) the issuing of a permit under the Building Code Act RS.o. i980,
in relation to a building or structure. ^'
(2) Subsection (1) does not apply in respect of an action Exceptions
mentioned in clauses (1) (a) to (g) that would have the effect
only,
(a) of permitting the enlargement of an existing dwell-
ing unit; or
(b) of creating one or two additional dwelling units as
prescribed, in prescribed categories of existing resi-
dential buildings.
(3) A by-law passed under subsection (1) shall. Contents of
24
Bill 20
DEVELOPMENT CHARGES
1989
(a) designate the categories of residential development
and commercial development upon which an educa-
tion development charge shall be imposed;
(b) designate those uses of land, buildings or structures
upon which an education development charge shall
be imposed;
Indexing
(c) designate the areas in which an education develop-
ment charge shall be imposed; and
(d) subject to the regulations, establish the education
development charges to be imposed in respect of
the designated categories of development and the
designated uses of land, buildings or structures.
(4) A by-law passed under subsection (1) may provide for
the indexing of education development charges based on one
of the prescribed indices.
Limited
exemption
R.S.O. 1980,
c. 31
(5) No land, except land owned by and used for the pur-
poses of a board or a municipality, is exempt from an educa-
tion development charge under a by-law passed under sub-
section (1) by reason only that it is exempt from taxation
under section 3 of the Assessment Act.
Interpretation (6) jn subsection (5), "board" has the same meaning as in
section 29 except that it includes the boards described in
clauses (a) to (d) of that definition.
Conditions
Public
meeting
(7) The imposition of an education development charge by
a board is subject to the prescribed conditions.
31. — (1) Before passing an education development charge
by-law, except a by-law passed pursuant to an order of the
Municipal Board made under clause (11) (b), the board,
(a) shall hold at least one public meeting;
(b) shall give notice of the meeting in the manner and
to the persons and organizations prescribed; and
(c) shall ensure that sufficient information is made
available to enable the public to understand gener-
ally the education development charge proposal.
hiafd ^"^ ^^ ^^^ ^^^ meeting referred to in subsection (1) shall be held
no earlier than twenty days after the requirements for the giv-
ing of notice have been complied with and any person who
1989
DEVELOPMENT CHARGES
Bill 20
25
attends the meeting may make representations in respect of
the proposed education development charges.
(3) If the board passes an education development charge
by-law, other than a by-law passed pursuant to an order of the
Municipal Board under clause (11) (b), the secretary of the
board shall, not later than fifteen days after the day the
by-law is passed, give written notice of the passing of the
by-law in the manner and in the form and to the persons and
organizations prescribed and the notice shall specify the last
day for filing a notice of appeal under subsection (4),
Notice of
by-law
(4) Any person or organization may, not later than twenty Appeal
days after written notice under subsection (3) is given, appeal
to the Municipal Board by filing with the secretary of the
board a notice of appeal setting out the objection to the
by-law and the reasons in support of the objection.
(5) For the purposes of subsection (4), written notice shall Timing of
be deemed to be given,
(a) where notice is given by publication in a newspaper,
on the day that the publication occurs;
(b) where notice is given by mail, on the day that the
mailing of all required notices is completed; or
(c) where notice is given by publication and by mail, on
the later of the days that publication occurs or mail-
ing is completed.
(6) The secretary of the board who receives a notice of Record
appeal shall compile a record which shall include,
(a) a copy of the by-law certified by the secretary;
(b) an affidavit or declaration certifying that the
requirements for the giving of notice under subsec-
tion (3) have been complied with; and
(c) the original or a true copy of all written submissions
and material received in respect of the by-law
before it was passed.
(7) The secretary of the board shall forward the notice of Notice and
appeal and the record to the secretary of the Municipal Board aM.B.°
within thirty days of the last day of appeal and shall provide
such other information or material as the Municipal Board
may require in respect of the appeal.
26
Bill 20
DEVELOPMENT CHARGES
1989
Affidavit,
declaration
conclusive
evidence
(8) An affidavit or declaration of the secretary of the board
that notice was given as required by subsection (3) or that no
notice of appeal was filed under subsection (4) within the time
allowed for appeal is conclusive evidence of the facts stated
therein.
Hearing
Early
dismissal of
appeal
Determi-
nation by
O.M.B.
(9) The Municipal Board shall hold a hearing notice of
which shall be given to such persons or organizations and in
such manner as the Municipal Board may determine.
(10) The Municipal Board may, where it is of the opinion
that the objection to the by-law set out in the notice of appeal
is insufficient, dismiss the appeal without holding a full hear-
ing but before dismissing the appeal shall notify the appellant
and give the appellant the opportunity to make representa-
tions as to the merits of the appeal.
(11) The Municipal Board may,
(a) dismiss the appeal;
(b) order the board to repeal the by-law in whole or in
part or to amend the by-law in accordance with the
Municipal Board's order; or
(c) repeal the by-law in whole or in part or amend the
by-law in such manner as the Municipal Board may
determine.
Restriction (12) Despite subsection (11), the Municipal Board may not
amendments amend or Order the amendment of a by-law so as to,
(a) increase an education development charge imposed
by the by-law; or
(b) alter the term of the by-law.
When by-law 32. — (1) An education development charge by-law comes
e ective .^^^ ^^^^^ ^^ ^^^ ^.^^j^ ^^^ following the day it is passed or the
day specified in the by-law, whichever is later.
(2) If the Municipal Board orders a board to repeal a
by-law in whole or in part, that part of the by-law that is
repealed shall be deemed to have been repealed on the day
the by-law came into force.
(3) The treasurer of the education development charges
account shall refund all education development charges paid
under the by-law or that part of the by-law that is repealed
under subsection 31 (11),
Retroactive
repeal
Refund
1989 DEVELOPMENT CHARGES Bill 20 27
(a) if repealed by the Municipal Board, within thirty
days of the date of the order of the Municipal
Board; or
(b) if repealed by the board, within thirty days of the
date of repeal.
(4) If the Municipal Board orders a board to amend a Retroactive
)y-law in whole or in part, that part of the by-law that is ^'"^" '"^"^^
amended ceases to be in force and the amendment shall be
deemed to have come into force on the date the by-law came
into force.
(5) The treasurer of the education development charges Refunds
account shall refund the difference between the education
development charges paid under that part of the by-law that is
amended under subsection 31 (11) and the education develop-
ment charges required to be paid under the amendment,
(a) if the by-law is amended by the Municipal Board,
within thirty days of the date of the order of the
Municipal Board; or
(b) if the by-law is amended by the board, within thirty
days of the date of the amendment.
(6) A repeal or amendment made under subsection 31 (11) Restrictions
is not subject to appeal under subsection 31 (4). °" ^^^^'
(7) A refund under this section shall be paid to the owner direct refund
and the treasurer of the education development charges
account shall inform the municipal treasurer of the amount of
the refund.
33. — (1) An education development charge by-law expires Expiration of
five years after the date it comes into force. ''^"'^^
(2) Despite subsection (1), a board may, J^em
(a) provide in the by-law for a term of less than five
years; or
(b) repeal the by-law.
terms
(3) Despite subsection (1), if an education development ^°^^^^^^^
charge by-law is in force in respect of an area, the term of an
education development charge by-law passed by another
board with respect to the same area shall expire on the date of
expiration of the first-mentioned by-law.
28
Bill 20
DEVELOPMENT CHARGES
1989
Change of
term
(4) Where a board repeals its education development
charge by-law and another board that has jurisdiction in all or
part of the same area has passed a by-law that under subsec-
tion (3) would expire on the date of expiration of the first-
mentioned by-law, that other board may determine that the
by-law shall be in effect for up to five years after the date it
comes into force and, where it does so, the board shall give
notice of its determination to the same persons and in the
same manner as provided under subsection 37 (1).
New (5) Subject to subsections (6), (7) and (8), a board that has
devdoplllent passcd an education development charge by-law that is in
charge by-law force may pass a new education development charge by-law.
Review of
policies
(6) Before passing a new education development charge
by-law, the board shall conduct a review of the education
development charge policies of the board.
Public
meeting
(7) In conducting a review under subsection (6), the board
shall ensure that adequate information is made available to
the public, and for this purpose shall hold at least one public
meeting, notice of which shall be given in at least one news-
paper having general circulation in the area of jurisdiction of
the board.
Idem
(8) Sections 31 and 37 apply with necessary modification^
to a by-law under subsection (5).
Amendment
34. — (1) A school board may amend an education devel-
opment charge by-law and the amendment shall come into
force on the fifth day following the date the amendment is
passed and the part of the by-law that is amended ceases to be
in force on that day.
Idem
(2) Sections 31 and 37 apply with necessary modifications
to an amendment made under this section.
Payment of
charge
35. — (1) An education development charge is payable,
(a) to the municipality in which the development takes
place on the date a building permit is issued in rela-
tion to a building or structure on land to which an
education development charge applies; or
(b) if the development takes place in territory without
municipal organization, to the board that imposed
the education development charge thirty days after
the board mails a notice to the owner setting out
the amount of the charge.
1989
DEVELOPMENT CHARGES
Bill 20
29
(2) An education development charge imposed by a board Commercial
in respect of commercial development is the amount deter- ^^^"P""^"^
mined in the manner prescribed or calculated using the for-
mula prescribed.
(3) Despite any other Act, a municipality is not required to ^^-^I^ }° ^^
issue a building permit in relation to a building or structure on building ""^^
land to which an education development charge by-law applies permit issued
unless the education development charge has been paid.
(4) Despite subsection (1), and subject to subsection (5)
and the consent of the Minister of Education, a board may by
agreement permit an owner to provide school facilities in lieu
of the payment of all or any portion of an education develop-
ment charge and the board,
Facilities in
lieu of
payment
(a) shall advise the treasurer of the municipality in
which the land is situate of the amount of the credit
that shall be applied against the education develop-
ment charge; or
(b) if the land is located in territory without municipal
organization, shall provide a credit to the owner
against the educational development charge.
(5) If more than one board has jurisdiction in an area and
one or more boards are to receive school facilities under sub-
section (4), all of the boards that have imposed an education
development charge in that area are required to be parties to
the agreement.
Necessary
parties
36. — (1) An owner or board may complain in writing to Complaints
the council of the municipality in which the land is situate or,
where the land is situate in territory without municipal organi-
zation, an owner may complain to the board that, in respect
of the education development charge of that owner,
(a) the amount of the education development charge
imposed was incorrect or based on incorrect data;
(b) there was an error in the application of the educa-
tion development charge by-law; or
(c) the amount credited to an owner under subsection
35 (4) is incorrect.
(2) An owner or board may not submit a complaint under ^^en
subsection (1) after ninety days following the later of, beTad? ^°
30
Bill 20
DEVELOPMENT CHARGES
1989
(a) the date a building permit is issued, or if develop-
ment takes place in territory without municipal
organization, the date that the education develop-
ment charge is payable under clause 35 (1) (b); or
(b) the date an agreement is entered into under sub-
section 35 (4).
Procedures
adopted
(3) Subsections 8 (3) to (14) apply with necessary modifica-
tions to a complaint under subsection (1).
Refunds
(4) If a final determination of a complaint has been made
and a refund is due to the owner, the treasurer of the educa-
tion development charges account shall pay the amount of the
refund to the treasurer of the municipality who shall reim-
burse the owner.
Idem
(5) If a final determination of a complaint has been made
and a refund is due to the school board, the treasurer of the
municipality shall pay the amount of the refund to the trea-
surer of the education development charges account.
Underpayments (5) jf g final determination of a complaint has been made
and the owner is required to pay an additional amount, the
treasurer of the municipality or, in respect of territory without
municipal organization, the treasurer of the board, shall col-
lect the additional amount due from the owner and shall remit
the amount to the treasurer of the education development
charges account.
Distribution
of by-law
Special
accounts
R.S.C. 1985,
c. B-1
1987, c. 33
37. — (1) A board that passes a by-law under subsection
30 (1) shall submit to the treasurer of each municipality all or
part of which is made subject to an education development
charge a copy of the by-law and provide a copy to the secre-
tary of any other board that has jurisdiction in the same or
part of the same area of the board that passed the by-law and
forward a copy to the Minister of Education.
(2) Educational development charges accounts shall be
established in accordance with the regulations and deposited
with a chartered bank listed in Schedule A to the Bank Act
(Canada) or a trust corporation registered under the Loan and
Trust Corporations Act, 1987.
Territory
without
municipal
organization
(3) Where the area of jurisdiction of a board includes terri-
tory without municipal organization, all or part of which is
made subject to an education development charge, the board
shall exercise the powers and duties of a municipal council for
such territory in respect of collecting the charge and the offic-
1989 DEVELOPMENT CHARGES Bill 20 31
P
ers of the board have the same powers and duties as similar
officers in a municipality.
(4) Where an education development charge is imposed by Collection of
a board, the treasurer of the municipality or board, as the '^ ^"^^^
case requires, shall collect the charge imposed when due and,
on or before the 25th day of the month next following the
month in which the charge is collected, shall deposit the
amount of the charge in the education development charges
account established in respect of the by-law under which the
charge is imposed.
(5) On or before the fifth day of the month following a statement
month in which a deposit is made under subsection (4), the
treasurer of the municipality shall forward to the treasurer of
the board or the treasurer of the board shall prepare a state-
ment setting out the prescribed information in respect of the
period that began on the 26th day of the month before the
preceding month and that ended on the 25th day of the pre-
ceding month.
(6) If two or more boards have imposed an education I'lem
development charge by-law upon an area, the statement men-
tioned in subsection (5) shall be prepared in respect of the
money collected and forwarded to the treasurer of each board
that passed a by-law under which the money was collected.
38. A board that has passed an education development Registration
charge by-law may register the by-law or a certified copy of it
on the land to which it applies.
39. If an education development charge or any part Collection
thereof remains unpaid after the due date, the amount unpaid
shall be added to the tax roll of the municipality or board, as
the case requires and shall be collected as taxes and remitted
to the treasurer of the education development charges account
established in respect of the by-law under which the education
development charge is imposed.
40. On or before the 25th day of the month next following Transfer of
the month in which an education development charge is col- ""^"^^
lected under section 39, the municipality shall pay to the trea-
surer of the education development charges account all money
received in payment of education development charges.
41. If an upper tier municipality issues building permits, ^pp^^.^^^L
subsections 32 (7), 35 (1) and (4) and sections 36, 37 and 40 '""""^'P^'"'^^
apply to the upper tier municipality and not to the area
municipality.
32 Bill 20 DEVELOPMENT CHARGES 1989
Interest 42. — (1) The treasurer of the education development
charges account shall pay interest out of the account to per-
sons to whom overpayments are refunded under subsections
32 (3) and (5) and 36 (4) calculated in the manner prescribed.
Period during (2) Interest shall be calculated from the time that the over-
hiterest is payment was collected to the time that the refund is paid.
payable
Payment of (3) The refund shall include the interest owed.
interest
Regulations 43. xhe Lieutenant Governor in Council may make regu-
lations that may have general or particular application in
respect of a board,
(a) respecting any matter that is referred to as pre-
scribed by the regulations;
(b) prescribing forms and providing for their use;
(c) governing the establishment and administration of
the education development charges account;
(d) providing for the application, placement in a
reserve, withdrawal and use of the money deposited
in or accredited to an education development
charges account and requiring the approval of the
Minister in respect of the manner in which or the
rate at which the money is withdrawn;
(e) prescribing the powers of the treasurer of the edu-
cation development charges account in relation to
the withdrawal of funds;
(f) requiring the approval of the Minister of Education
to any factor, criterion, rate, amount, portion, esti-
mate or project used in determining an education
development charge;
(g) prescribing the manner of calculating or determin-
ing education development charges and prescribing
classes of persons that may make determinations
necessary for the calculation of education develop-
ment charges;
(h) providing for the sharing of proceeds where more
than one board establishes a charge in respect of the
same area;
(i) prescribing, for the purposes of subsection 30 (4),
an index or indices that may be used;
1989 DEVELOPMENT CHARGES Bill 20 33
(j) prescribing information which boards must provide
to other boards and to the Minister for the purposes
of developing education development charges under
this Part;
(k) prescribing methods of calculating and establishing
interest rates under section 42;
(1) prescribing the manner in which notice shall be
given wherever notice is required under this Part,
the persons and agencies to whom notice shall be
given, and the form of the notice;
(m) prescribing the terms of agreements for credit in
lieu of payment of education development charges,
determining the amount of the credit and governing
the allocation of the credit between or among
boards;
(n) requiring a board to exempt an owner from an edu-
cational development charge if the owner meets the
prescribed conditions.
PART IV
GENERAL
44. — (1) A by-law or resolution providing for the payment Existing
of charges related to development that is in effect on the date charges""^"'
of the coming into force of this Act shall remain in effect until by-'aw
the earliest of,
(a) the repeal of the by-law or resolution;
(b) the coming into force of a by-law under section 3;
or
(c) two years after the date of the coming into force of
this Act.
(2) A by-law or resolution referred to in subsection (1) No
shall not be amended during the period it remains in effect. permitted
(3) Subsection (1) does not apply with respect to a by-law Exceptions
referred to in subsection 14 (3) or to a by-law passed under
section 41 of the Planning Act, 1983.
45. — (1) A municipality shall not enter into an agreement Certain
under section 50 or 52 of the Planning Act, 1983 that imposes Se™^"^^
1983, c. 1
34
Bill 20
DEVELOPMENT CHARGES
1989
a charge related to a development, except a charge referred to
in subsection 3 (7), after the earlier of,
(a) the coming into force of a by-law under section 3;
or
(b) two years after the date of the coming into force of
this Act.
Idem
Referrals to
continue
Appeals
under
1983, c. 1
continued
(2) An agreement with respect to charges related to devel-
opment made under section 50 or 52 of the Planning Act, 1983
that is in effect on the earlier of the dates referred to in
clauses (1) (a) and (b) remains in effect.
46. — (1) A request made before the coming into force of
this Act for a referral under subsection 50 (17) of the Planning
Act, 1983 with respect to a condition relating to a charge
related to development shall be continued and disposed of
under the Planning Act, 1983.
(2) An appeal made before the coming into force of this
Act under subsection 52 (7) of the Planning Act, 1983 with
respect to a condition relating to a charge related to develop-
ment shall continue and be disposed of under the Planning
Act, 1983.
Conflicts
(3) If a decision of the Municipal Board respecting a matter
mentioned under subsection (1) or (2) conflicts with a devel-
opment charge by-law, the decision of the Board prevails t(
the extent of the conflict.
Agreements
not affected
1983, c. 1
47. Except as stated herein, this Act does not affect an
agreement made under section 50 or 52 of the Planning Act,
1983.
No right of 48, Despite section 94 of the Ontario Municipal Board
R s o" 1980 ^<^^' th^^^ ^^ "^ "S^^ ^^ ^*'^ ^ petition under that section in
c. 347 ' respect of any order or decision of the Municipal Board made
in respect of any matter appealed to the Board under this Act.
Conflicts
Commence-
ment
Short title
49. In the event of conflict between the provisions of this
Act and any other general or special Act, the provisions of
this Act prevail.
50. This Act comes into force on the day it receives Royal
Assent.
51. The short title of this Act is the Development Charges
Act, 1989.
Bill 21 Government Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 21
An Act to amend the Fuel Tax Act, 1981
The Hon. B. Grandmaitre
Minister of Revenue
1st Reading May 17th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTE
The purpose of the Bill is to implement the Treasurer's 1989 Budget proposal to
increase, effective May 18, 1989, the tax on clear fuel for general use from 9.9 cents to
10.9 cents per litre and the tax on clear fuel used in railway equipment from 3.1 cents to
3.4 cents per litre.
J
m
Bill 21 1989
An Act to amend the Fuel Tax Act, 1981
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Subsection 4 (1) of the Fuel Tax Act, 1981, being chapter
59, as re-enacted by the Statutes of Ontario, 1985, chapter 23,
section 2, is repealed and the following substituted therefor:
(1) Every person who is a collector, importer, registered Tax on clear
consumer or purchaser shall pay to the Treasurer a tax at the
rate of,
fuel
(a) 10.9 cents per litre on each litre of clear fuel
received or used by the person in Ontario to gener-
ate power in a motor vehicle other than railway
equipment operated on rails in connection with a
public transportation system; and
(b) 3.4 cents per litre on each Utre of clear fuel received
or used by the person in Ontario to propel railway
equipment on rails where such equipment is oper-
ated in connection with and as part of a public
transportation system.
2. This Act shall be deemed to have come into force on the commence-
18th day of May, 1989. "*"'
3. The short title of this Act is the Fuel Tax Amendment short tiue
Act, 1989.
Government Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 21
An Act to amend the Fuel Tax Act, 1981
The Hon. B. Grandmaitre
Minister of Revenue
1st Reading May 17th, 1989
2nd Reading June 26th, 1989
3rd Reading
Royal Assent
(Reprinted as amended by the Committee of the Whole House)
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
SECTION 1. The definitions are complementary to the amendments set out in sections 3
and 4 of the Bill. -^
SECTION 2. This amendment implements the Treasurer's 1989 Budget proposal to
increase, effective May 18, 1989, the tax on clear fuel for general use from 9.9 cents to
10.9 cents per litre and the tax on clear fuel used in railway equipment from 3.1 cents to
3.4 cents per litre.
SECTION 3. This amendment sets out the collection and remittance obligations of
importers, and requires importers who are not collectors to account for the tax they may
be obliged to collect and to pay at the point of entry into Ontario to officials authorized
by the Minister.
SECTION 4. This amendment permits officials authorized by the Minister at border
points to request the specified information from those transporting bulk fuel and to
detain a motor vehicle until correct information is provided and until the required remit-
tance and returns are made by the importer. '*'
Bill 21 1989
An Act to amend the Fuel Tax Act, 1981
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. — (1) Section 1 of the Fuel Tax Act, 1981, being chapter
59, as amended by the Statutes of Ontario, 1985, chapter 23,
section 1, is further amended by adding thereto the following
clause:
(ha) "fuel in bulk" means fuel transported or transferred
by any means other than in a fuel tank of a motor
vehicle in which fuel for generating power in the
motor vehicle is kept,
(2) Clause 1 (j) of the said Act is repealed and the following
substituted therefor:
(j) "importer" means a person who brings or causes to
be brought into Ontario fuel in bulk. -^^
2. Subsection 4 (1) of the said Act, as re-enacted by the
Statutes of Ontario, 1985, chapter 23, section 2, is repealed
and the following substituted therefor:
(1) Every person who is a collector, importer, registered J^^ »" '^'ear
consumer or purchaser shall pay to the Treasurer a tax at the
rate of,
(a) 10.9 cents per litre on each litre of clear fuel
received or used by the person in Ontario to gener-
ate power in a motor vehicle other than railway
equipment operated on rails in connection with a
public transportation system; and
(b) 3.4 cents per litre on each litre of clear fuel received
or used by the person in Ontario to propel railway
equipment on rails where such equipment is oper-
ated in connection with and as part of a public
transportation system.
Bill 21
FUEL TAX
1989
Collection
of tax
Transmission
of tax
Security
Payment
3. Subsections 11 (5) and (6) of the said Act are repealed
and the following substituted therefor:
(5) Every importer shall, at the times and in the manner
prescribed, collect from any wholesaler, retail dealer or pur-
chaser, to whom the importer sells fuel, the tax collectable
and payable under this Act and, for that purpose, every
importer is an agent of the Minister for the collection of the
tax imposed by this Act.
(6) Every importer who is a collector shall remit to the
Treasurer, at the times and in the manner prescribed, the tax
collectable and payable by the importer in respect of the fuel
imported by that person.
(7) At the time of entry into Ontario from outside Canada
of clear fuel, every importer who is not a collector shall remit
to the Treasurer,
(a) an amount as security equal to the tax under sub-
section (5) that the importer would be obliged to
collect on such clear fuel upon resale of the fuel in
Ontario; and
(b) the tax payable by the importer under subsection 4
(1).
(8) The remittance required by subsection (7) shall be
made to a person authorized by the Minister for forwarding to
the Treasurer by certified cheque or money order, payable to
the Treasurer.
Returns
Fuel in bulk
(9) Every importer shall, at the time and in the manner
prescribed, deliver to the Minister or to a person authorized
by the Minister a return with respect to the fuel imported by
the importer.
4. Subsections 19 (1) and (2) of the said Act are repealed
and the following substituted therefor:
(1) Every person carrying fuel in bulk, and the operator of
every motor vehicle carrying fuel in bulk, shall, when
requested by the Minister or any person authorized by the
Minister, give written evidence to the requester of any or all
of the following information,
(a) the name and address of any person from whom the
fuel was obtained and the name and address of any
1989 FUEL TAX Bill 21
person to whom the fuel so obtained was delivered
or is to be delivered;
(b) the quantity of fuel delivered or to be delivered to
any person;
(c) the use or intended use, if known, to be made of
any fuel delivered or to be delivered from such
motor vehicle.
(2) The Minister or a person authorized by the Minister Detention
may detain a motor vehicle carrying fuel in bulk where,
(a) written evidence requested under subsection (1) is
not given;
(b) the information in the written evidence that is given
is false; or
(c) the importer fails to comply with subsection 11 (7)
or fails to deliver any return in accordance with sub-
section 11 (9).
(2a) The Minister or a person authorized by the Minister Time
may detain a motor vehicle under subsection (2) until the
written evidence is given, the true information is given, the
remittance required by subsection 11 (7) is delivered or the
return in accordance with subsection 11 (9) is delivered, as the
case requires.
(2b) During any detention under subsection (2), the Liability
Crown, or any person acting in the administration and
enforcement of this Act, is not liable for any damage to the
motor vehicle, its contents, cargo or freight, or to its owner or
driver or otherwise that may occur or be alleged to occur by
reason of the detention of the motor vehicle pending compli-
ance with subsection (1) and subsections 11 (7) and (9).
5. — (1) Subject to subsection (2), this Act shall be deemed commence-
to have come into force on the 18th day of May, 1989. ™*"
(2) Sections 1, 3 and 4 shall come into force on a day to be wem
named by proclamation of the Lieutenant Governor. -^^
6. The short title of this Act is the Fuel Tax Amendment Short title
Act, 1989.
Bill 21
^ND SESSION, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 21
(Chapter 37
Statutes of Ontario, 1989)
An Act to amend the Fuel Tax Act, 1981
The Hon. B. Grandmaitre
Minister of Revenue
1st Reading May 17th, 1989
2nd Reading June 26th, 1989
3rd Reading July 13th, 1989
Royal Assent July 13th, 1989
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
Bill 21 1989
An Act to amend the Fuel Tax Act, 1981
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1.— (1) Section 1 of the Fuel Tax Act, 1981, being chapter
59, as amended by the Statutes of Ontario, 1985, chapter 23,
section 1, is further amended by adding thereto the following
clause:
(ha) "fuel in bulk" means fuel transported or transferred
by any means other than in a fuel tank of a motor
vehicle in which fuel for generating power in the
motor vehicle is kept.
(2) Clause 1 (j) of the said Act is repealed and the following
substituted therefor:
(j) "importer" means a person who brings or causes to
be brought into Ontario fuel in bulk.
2. Subsection 4 (1) of the said Act, as re-enacted by the
Statutes of Ontario, 1985, chapter 23, section 2, is repealed
and the following substituted therefor:
(1) Every person who is a collector, importer, registered Tax on clear
consumer or purchaser shall pay to the Treasurer a tax at the ^"^'
rate of,
(a) 10.9 cents per litre on each litre of clear fuel
received or used by the person in Ontario to gener-
ate power in a motor vehicle other than railway
equipment operated on rails in connection with a
public transportation system; and
(b) 3.4 cents per litre on each litre of clear fuel received
or used by the person in Ontario to propel railway
equipment on rails where such equipment is oper-
ated in connection with and as part of a public
transportation system.
Bill 21
FUEL TAX
1989
Collection
of tax
Transmission
of tax
Security
Payment
Returns
Fuel in bulk
3. Subsections 11 (5) and (6) of the said Act are repealed
and the following substituted therefor:
(5) Every importer shall, at the times and in the manner
prescribed, collect from any wholesaler, retail dealer or pur-
chaser, to whom the importer sells fuel, the tax collectable
and payable under this Act and, for that purpose, every
importer is an agent of the Minister for the collection of the
tax imposed by this Act.
(6) Every importer who is a collector shall remit to the
Treasurer, at the times and in the manner prescribed, the tax
collectable and payable by the importer in respect of the fuel
imported by that person.
(7) At the time of entry into Ontario from outside Canada
of clear fuel, every importer who is not a collector shall remit
to the Treasurer,
(a) an amount as security equal to the tax under sub-
section (5) that the importer would be obliged to
collect on such clear fuel upon resale of the fuel in
Ontario; and
(b) the tax payable by the importer under subsection 4
(1).
(8) The remittance required by subsection (7) shall be
made to a person authorized by the Minister for forwarding to
the Treasurer by certified cheque or money order, payable to
the Treasurer.
(9) Every importer shall, at the time and in the manner
prescribed, deliver to the Minister or to a person authorized
by the Minister a return with respect to the fuel imported by
the importer.
4. Subsections 19 (1) and (2) of the said Act are repealed
and the following substituted therefor:
(1) Every person carrying fuel in bulk, and the operator of
every motor vehicle carrying fuel in bulk, shall, when
requested by the Minister or any person authorized by the
Minister, give written evidence to the requester of any or all
of the following information,
(a) the name and address of any person from whom the
fuel was obtained and the name and address of any
person to whom the fuel so obtained was delivered
or is to be delivered;
1989
FUEL TAX
Bill 21
(b) the quantity of fuel delivered or to be delivered to
any person;
(c) the use or intended use, if known, to be made of
any fuel delivered or to be delivered from such
t motor vehicle.
(2) The Minister or a person authorized by the Minister Detention
may detain a motor vehicle carrying fuel in bulk where,
(a) written evidence requested under subsection (1) is
not given;
(b) the information in the written evidence that is given
is false; or
(c) the importer fails to comply with subsection 11 (7)
or fails to deliver any return in accordance with sub-
section 11 (9).
(2a) The Minister or a person authorized by the Minister Time
may detain a motor vehicle under subsection (2) until the
written evidence is given, the true information is given, the
remittance required by subsection 11 (7) is delivered or the
return in accordance with subsection 11 (9) is delivered, as the
case requires.
(2b) During any detention under subsection (2), the Liability
Crown, or any person acting in the administration and
enforcement of this Act, is not liable for any damage to the
motor vehicle, its contents, cargo or freight, or to its owner or
driver or otherwise that may occur or be alleged to occur by
reason of the detention of the motor vehicle pending compli-
ance with subsection (1) and subsections 11 (7) and (9).
5. — (1) Subject to subsection (2), this Act shall be deemed commence-
to have come into force on the 18th day of May, 1989. "*"'
(2) Sections 1, 3 and 4 shall come into force on a day to be i***™
named by proclamation of the Lieutenant Governor.
6. The short title of this Act is the Fuel Tax Amendment short title
Act, 1989.
Bill 22 Government Bill
iND SESSION, 34th LEGISLATURE, ONTTARIO 38 ELIZABETH II, 1989
Bill 22
An Act to amend the Retail Sales Tax Act
The Hon. B. Grandmaitre
Minister of Revenue
1st Reading May 17th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
® Queen's Printer for Ontario
EXPLANATORY NOTES
GENERAL. The Bill implements the proposals contained in the Treasurer's Budget of
May 17, 1989 and, in addition, contains administrative changes and clarifications.
SECTION 1. The amendments to paragraph 4 of section 1 of the Act provide that tax
paid under the Excise Act (Canada) and under sections 2b and 2c of the Act, if applic-
able, are included in the fair value of tangible personal property for the purpose of
determining the amount of 8 per cent retail sales tax.
SECTION 2. The amendment is consequential upon the enactment of sections 2b and 2c
by sections 3 and 4 of the Bill.
SECTIONS 3 and 4. The enactment of sections 2b and 2c implement the Treasurer's
Budget proposal of imposing an additional tax of $5 on the purchase of new pneumatic
tires and an additional tax ranging between $600 and $3,500 on the purchase of new fuel
inefficient passenger cars having highway fuel consumption ratings of 9.5 litres or more
per 100 kilometres.
SECTION 5. — Subsection 1. The amendment is consequential upon the enactment of
sections 2b and 2c by sections 3 and 4 of the Bill as most of the current exemptions from
8 per cent retail sales tax will not apply to the tax on fuel inefficient cars.
Subsection 2. The amendment implements the Treasurer's Budget proposal of removing
the tax exemption on the purchase of agricultural products by persons other than farm-
ers.
Subsection 3. The amendment is consequential upon the enactment of the Natiorud
Transportation Act, 1987 (Canada) which replaced part of the Aeronautics Act (Canada).
SECTION 6. The amendment provides that any person, and not just the officers, direc-
tors or agents of a corporation, who is involved in the commission of an offence by the
corporation may be prosecuted for the offence.
SECTION 7. — Subsection 1. The amendment is consequential upon the enactment of
sections 2b and 2c by sections 3 and 4 of the Bill.
Subsection 2. The amendment implements the Treasurer's Budget proposal to extend
the qualification period for the rebate of tax on motor vehicles converted to alternate
fuels to 180 days where the purchaser has placed a written order for the conversion
within ninety days of purchase.
Subsections 3, 4, 5 and 6. The amendments authorize the making of regulations provid-
ing for,
(a) a rebate of tax payable under section 2c on the acquisition of a new fuel ineffi-
cient car where the car is converted to operate only on alternate fuel;
(b) the computation, payment and collection of the tax on new tires and new fuel
inefficient cars when the car is leased or rented, instead of owned, by a
taxpayer; and
(c) a rebate or partial rebate of tax paid on the purchase of motor vehicles to
transport the physically disabled.
Bm22 1989
An Act to amend the Retail Sales Tax Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. — (1) Clause (ba) of paragraph 4 of section 1 of the Retail
Sales Tax Act, being chapter 454 of the Revised Statutes of
Ontario, 1980, as enacted by the Statutes of Ontario, 1989,
chapter 15, section 1, is amended by inserting after ** Excise
Tax Act (Canada)" in the second line *'or the Excise Act
(Canada)".
(2) Paragraph 4 of section 1 of the said Act, as amended by
the Statutes of Ontario, 1982, chapter 36, section 1, 1983,
chapter 27, section 1 and 1989, chapter 15, section 1, is further
amended by striking out ''and" at the end of clause (e), by
adding ''and" at the end of clause (f) and by adding thereto
the following clause:
(g) any tax payable by the purchaser under section 2b
or 2c,
2. Subsection 2 (14) of the said Act is amended by adding
at the end thereof "together with any tax payable under
section 2b or 2c".
3. The said Act is amended by adding thereto the following
section:
2b. — (1) Every purchaser of a new pneumatic tire, other Tax on new
than a purchaser referred to in subsection (2), shall pay to EJes"'"^^''^
Her Majesty in right of Ontario a tax of $5 in respect of the
consumption or use of the tire.
(2) The purchaser of a new pneumatic tire is exempt from Exemptions
the tax imposed by this section if,
2 Bill 22 RETAIL SALES TAX 1989
(a) the tire is acquired by the purchaser as part of tan-
gible personal property acquired by the purchaser
and the purchaser is exempt under subsection 5 (1)
from the tax imposed by section 2 in respect of the
purchase of the tangible personal property;
(b) the tire is acquired by the purchaser in replacement
of a tire described in clause (a); or
(c) the tire is attached to or is designed for use on a
bicycle, a tricycle or a toy, as defined by the Minis-
ter.
Definition of (3) for the purposcs of this section,
"sale" and ^ ^
"first sale"
(a) any sale of tangible personal property to which a
tire is attached, or in connection with which the tire
is supplied, is a sale of the tire;
(b) the first sale of a pneumatic tire means the first sale
of the tire that is,
(i) a retail sale,
(ii) a lease or rental for a term of at least seven
days of tangible personal property to which
the tire is attached, or in connection with
which the tire is supplied, or
(iii) a transfer by a vendor, under the terms of a
lease or rental agreement referred to in sub-
clause (ii), of the tire in replacement of
another tire;
(c) a purchaser shall be considered to acquire a new
pneumatic tire on the date on which,
(i) the purchaser acquires the pneumatic tire at
the first sale of the tire, if the first sale is in
Ontario,
(ii) the purchaser is required under subsection
2 (14) to pay the tax imposed by section 2 in
respect of tangible personal property, other
than a motor vehicle for which a permit is
R.s.o. 1980, required under the Highway Traffic Act, to
'^ ^^^ which the tire is attached or in connection
with which the tire is used, if the first sale of
the tire was outside of Ontario within the pre-
vious six months, or
1989 RETAIL SALES TAX Bill 22 3
(iii) the purchaser is required under subsection
2 (14) to pay the tax imposed by section 2 in
respect of a motor vehicle for which a permit
is required under the Highway Traffic Act, to Rs.o. i980,
which the tire is attached or in connection ^'
with which the tire is used, if the motor
vehicle is a current or prior year model, as
defined by the Minister, and the first sale of
the tire was outside of Ontario.
4. The said Act is further amended by adding thereto the
following section:
2c. — (1) Every purchaser of a new fuel inefficient car, Tax on new
other than a car which is a settler's effect referred to in para- inefficient
graph 71 of subsection 5 (1) or tangible personal property passenger
referred to in paragraph 73 of subsection 5 (1), shall pay to ^^^
Her Majesty in right of Ontario a tax in respect of the con-
sumption or use of the car in the amount determined under
subsection (3).
(2) For the purposes of this section. Definition of
inefficient
(a) a fuel inefficient car is a passenger car, as defined far" and
by the Minister, having a highway fuel consumption inefficient
rating, as determined under subsection (4), of 9.5 or car"
more litres of gasoHne or diesel fuel per 100 kilome-
tres; and
(b) a purchaser shall be considered to be the purchaser
of a new fuel inefficient car where,
(i) the first sale of the fuel inefficient car to a
purchaser is in Ontario and is a retail sale of
the car to the purchaser or a rental or lease to
the purchaser of the fuel inefficient car for a
term of at least one year,
(ii) the first sales of the fuel inefficient car to pur-
chasers are in Ontario on or after the 1st day
of July, 1989, and are leases or rentals of the
car for terms less than one year, and the pur-
chaser acquires the car at such a sale within
180 days of the first such sale,
(iii) the first sale of the fuel inefficient car to a
purchaser is outside of Ontario on or after the
1st day of July, 1989, and, on the date the
purchaser thereof is required under subsection
2 (14) to pay the tax imposed by section 2, the
4
Bill 22
RETAIL SALES TAX
1989
Amount of
tax
car is a current or prior year model as defined
by the Minister.
(3) The amount of tax payable under subsection (1) by a
purchaser of a new fuel inefficient car shall be the amount of
tax appearing in the following table opposite the range of
highway fuel consumption ratings which includes the highway
fuel consumption rating of the car, except that the total
amount of tax payable under this section by all purchasers
referred to in subclause (2) (b)(ii) in respect of the same car
shall not exceed the amount of tax otherwise determined
under this subsection, and each such purchaser shall pay such
portion of the total amount of tax which, in the Minister's
opinion, reasonably represents the use of the car by that pur-
chaser during the 180 days referred to in subclause (2) (b)(ii):
Highway Fuel Consumption Ratings
Litres per 100 kilometres
9.5 - 12.0
12.1 - 15.0
15.1 - 18.0
over 18.0
Tax
$600
$1,200
$2,200
$3,500
Highway fuel (4) Por the purposcs of this section, the highway fuel con-
rat'ing™''^'"" sumption rating of a car shall be deemed to be the least of,
(a) the highway fuel consumption rating of the car pro-
vided by the manufacturer thereof, if such rating is
available to the vendor and purchaser of the car at
the date of sale of the car;
(b) the highway fuel consumption rating most recently
published by the Department of Transport
(Canada) of cars matching the description of the
car, if such a publication is available publicly at the
date of sale of the car; or
Rebates and
assessments
of additional
tax
(c) 18.1 litres per 100 kilometres.
(5) Where the highway fuel consumption rating of a car is
subsequently determined, in a manner prescribed by the Min-
ister, to be less than or greater than the rating used in the
determination of an amount of tax payable by the purchaser
under this section, the Minister may,
(a) where the subsequent rating is less, rebate with
interest to the purchaser, upon receipt of an appli-
cation therefor in the manner and within the time
prescribed by the Minister, the amount of tax paid
1989 RETAIL SALES TAX Bill 22 5
by the purchaser under this section in excess of the
amount of tax that would have been determined
using the subsequent rating; or
(b) where the subsequent rating is greater, assess or
reassess the tax payable by the purchaser under this
section together with interest from the date the car
was acquired.
5. — (1) Subsection 5 (1) of the said Act is amended by strik-
ing out ''this Act" in the third line and inserting in lieu thereof
"section 2".
(2) Paragraph 17 of subsection 5 (1) of the said Act is
repealed.
(3) Paragraph 26 of subsection 5 (1) of the said Act is
amended by inserting after "thereunder" in the sixth line "or
the National Transportation Act, 1987 (Canada) or regulations
made thereunder,".
6. Section 40 of the said Act is repealed and the following
substituted therefor:
40. Any officer, director or agent of a corporation, or any officers, etc.
other person, who directed, authorized, assented to, ^rporation
acquiesced in or participated in the commission of any act by
the corporation which is an offence under this Act, or the
omission of any act the omission of which is an offence under
this Act, is guilty of an offence and on conviction is liable to
the punishment provided for the offence whether or not the
corporation has been prosecuted or convicted of any offence
under this Act.
7. — (1) Clause 45 (3) (i) of the said Act, as re-enacted by
flie Statutes of Ontario, 1986, chapter 66, section 12, is
amended by inserting after "tax" in the first line "imposed by
section 2".
(2) Subclauses (ii) and (iii) of clause 45 (3) (i) of the said Act,
as enacted by the Statutes of Ontario, 1986, chapter 66, section
12, are repealed and the following substituted therefor:
(ii) a vehicle that is powered by a gasoline or die-
sel engine and for which a permit is required
under the Highway Traffic Act, and any tangi- R s.o. 1980,
ble personal property sold as a conversion kit,
including the labour provided to install the
conversion kit, where the purchaser enters
into a written contract for the conversion of
Bill 22 RETAIL SALES TAX 1989
the vehicle within ninety days of the date of
sale, and the vehicle is in fact converted to
permit it to operate in a manner described in
sub-subclause (i)(A) or (B) within 180 days of
the date of sale of the vehicle, or
(iii) tangible personal property sold as a conver-
sion kit to be used to convert any vehicle
powered by a gasoHne or diesel engine into a
vehicle that operates in the manner described
in sub-subclause (i)(A) or (B), including the
labour to install the kit, where the vehicle is
not so converted within 180 days of the date
of sale of the vehicle.
(3) Subsection 45 (3) of the said Act, as amended by the
Statutes of Ontario, 1982, chapter 36, section 10, 1983, chapter
27, section 16 and 1986, chapter 66, section 12, is further
amended by adding thereto the following clause:
(k) providing for the rebate of any tax paid by a pur-
chaser under section 2c, where the purchaser is enti-
tled to a rebate referred to in subclause (i)(ii), in
connection with the conversion of the vehicle to
permit it to operate in the manner described in sub-
subclause (i)(i)(A).
(4) The said subsection 45 (3) is further amended by adding
thereto the following clause:
(1) providing for the computation, payment and collec-
tion of tax imposed by section 2b, in respect of the
acquisition of tangible personal property at a sale
that is a lease or rental of the tangible personal
property, in a manner different from the computa-
tion, payment and collection of tax described in
subsection 2 (6),
(5) The said subsection 45 (3) is further amended by adding
thereto the following clause:
(m) providing for the computation, payment and collec-
tion of tax imposed by section 2c, in respect of the
acquisition of tangible personal property at a sale
that is a lease or rental of the tangible personal
property, in a manner different from the computa-
tion, payment and collection of tax described in
subsection 2 (6).
1989 RETAIL SALES TAX Bill 22 '
(6) The said subsection 45 (3) is further amended by adding
thereto the following clause:
(n) providing for a rebate or a partial rebate of tax paid
on motor vehicles purchased to transport physically
disabled persons.
8. — (1) Except as provided in subsections (2) to (5), this Act commence-
comes into force on the day it receives Royal Assent.
(2) Subsection 1 (1) shall be deemed to have come into force wem
on the 2nd day of May, 1988.
(3) Subsection 7 (2) comes into force on the 18th day of wem
May, 1989 and applies in respect of motor vehicles purchased
on, before or after that date.
(4) Subsection 1 (2), sections 2, 3 and 5 and subsections i^^™
7 (1), (4) and (6) come into force on the 1st day of June, 1989.
(5) Section 4 and subsections 7 (3) and (5) come into force on wem
the 1st day of July, 1989.
9. The short title of this Act is the Retail Sales Tax Amend- short tiue
ment Act, 1989,
11122 Government Bill
[D SESSION, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 22
An Act to amend the Retail Sales Tax Act
The Hon. B. Grandmaitre
Minister of Revenue
1st Reading May 17th, 1989
2nd Reading June 26th, 1989
3rd Reading
Royal Assent
(Reprinted as amended by the Committee of the Whole House)
Printed under authority of the Legislative Assembly by the
®Oueen's Printer for Ontario
EXPLANATORY NOTES
GENERAL. The Bill implements the proposals contained in the Treasurer's Budget of
May 17, 1989 and, in addition, contains administrative changes and clarifications.
SECTION 1. The amendments to paragraph 4 of section 1 of the Act provide that tax
paid under the Excise Act (Canada) and under sections 2b and 2c of the Act, if applic-
able, are included in the fair value of tangible personal property for the purpose of
determining the amount of 8 per cent retail sales tax.
SECTION 2. The amendment is consequential upon the enactment of sections 2b and 2c
by sections 3 and 4 of the Bill.
SECTIONS 3 and 4. The enactment of sections 2b and 2c implement the Treasurer's
Budget proposal of imposing an additional tax of $5 on the purchase of new pneumatic
tires and an additional tax ranging between $600 and $3,500 on the purchase of new fuel
inefficient passenger cars.
SECTION 5. — Subsection 1. The amendment is consequential upon the enactment of
sections 2b and 2c by sections 3 and 4 of the Bill as most of the current exemptions from
8 per cent retail sales tax will not apply to the tax on fuel inefficient cars.
Subsection 2. The amendment implements the Treasurer's Budget proposal of removing
the tax exemption on the purchase of agricultural products by persons other than farm-
Subsection 3. The amendment is consequential upon the enactment of the National
Transportation Act, 1987 (Canada) which replaced part of the Aeronautics Act (Canada).
SECTION 6. The amendment provides that any person, and not just the officers, direc-
tors or agents of a corporation, who is involved in the commission of an offence by the
corporation may be prosecuted for the offence.
SECTION 7. — Subsection 1. The amendment is consequential upon the enactment of
sections 2b and 2c by sections 3 and 4 of the Bill.
Subsection 2. The amendment implements the Treasurer's Budget proposal to extend
the qualification period for the rebate of tax on motor vehicles converted to alternate
fuels to 180 days where the purchaser has placed a written order for the conversion
within ninety days of purchase.
Subsections 3, 4, 5 and 6. The amendments authorize the making of regulations provid-
ing for,
(a) a rebate of tax payable under section 2c on the acquisition of a new fuel ineffi-
cient car where the car is converted to operate only on alternate fuel;
(b) the computation, payment and collection of the tax on new tires and new fuel
inefficient cars when the car is leased or rented, instead of owned, by a
taxpayer; and
(c) a rebate or partial rebate of tax paid on the purchase of motor vehicles to
transport the physically disabled.
BiU22 1989
An Act to amend the Retail Sales Tax Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. — (1) Clause (ba) of paragraph 4 of section 1 of the Retail
Sales Tax Act^ being chapter 454 of the Revised Statutes of
Ontario, 1980, as enacted by the Statutes of Ontario, 1989,
chapter 15, section 1, is amended by inserting after ^''Excise
Tax Act (Canada)" in the second line "or the Excise Act
(Canada)".
(2) Paragraph 4 of section 1 of the said Act, as amended by
the Statutes of Ontario, 1982, chapter 36, section 1, 1983,
chapter 27, section 1 and 1989, chapter 15, section 1, is further
amended by striking out ^'and" at the end of clause (e), by
adding ''and" at the end of clause (f) and by adding thereto
the following clause:
(g) any tax payable by the purchaser under section 2b
or 2c,
2. Subsection 2 (14) of the said Act is amended by adding
at the end thereof ''together with any tax payable under
section 2b or 2c".
3. The said Act is amended by adding thereto the following
section:
2b. — (1) Every purchaser of a new pneumatic tire, other Tax on new
than a purchaser referred to in subsection (2), shall pay to ures"'"^"^
Her Majesty in right of Ontario a tax of $5 in respect of the
consumption or use of the tire.
(2) The purchaser of a new pneumatic tire is exempt from Exemptions
the tax imposed by this section if.
2 Bill 22 RETAIL SALES TAX 1989
(a) the tire is acquired by the purchaser as part of tan-
gible personal property acquired by the purchaser
and the purchaser is exempt under subsection 5 (1)
from the tax imposed by section 2 in respect of the
purchase of the tangible personal property;
(b) the tire is acquired by the purchaser in replacement
of a tire described in clause (a); or
(c) the tire is attached to or is designed for use on any
class or classes of tangible personal property pre-
scribed by the Minister. -^iK
Definition of (3) Por the purposcs of this section,
ssie sno
"first sale"
(a) any sale of tangible personal property to which a
tire is attached, or in connection with which the tire
is supplied, is a sale of the tire;
(b) the first sale of a pneumatic tire means the first sale
of the tire that is,
(i) a retail sale,
(ii) a lease or rental for a term of at least seven
days of tangible personal property to which
the tire is attached, or in connection with
which the tire is suppUed, or
(iii) a transfer by a vendor, under the terms of a
lease or rental agreement referred to in sub-
clause (ii), of the tire in replacement of
another tire;
(c) a purchaser shall be considered to acquire a new
pneumatic tire on the date on which,
(i) the purchaser acquires the pneumatic tire at
the first sale of the tire, if the first sale is in
Ontario,
(ii) the purchaser is required under subsection
2 (14) to pay the tax imposed by section 2 in
respect of tangible personal property, other
than a motor vehicle for which a permit is
RS.o. 1980, required under the Highway Traffic Act, to
"^^ ^^^ which the tire is attached or in connection
with which the tire is used, if the first sale of
the tire was outside of Ontario within the pre-
vious six months, or
1989
RETAIL SALES TAX
Bill 22
(iii) the purchaser is required under subsection
2 (14) to pay the tax imposed by section 2 in
respect of a motor vehicle for which a permit
is required under the Highway Traffic Act, to R s.o. i980,
which the tire is attached or in connection
with which the tire is used, if the motor
vehicle is a current or prior year model, as
defined by the Minister, and the first sale of
the tire was outside of Ontario.
4. The said Act is further amended by adding thereto the
following section:
2c. — (1) Every purchaser of a new fuel inefficient car, Tax on new
other than a car which is a settler's effect referred to in para- inefficient
graph 71 of subsection 5 (1) or tangible personal property passenger
referred to in paragraph 73 of subsection 5 (1), shall pay to
Her Majesty in right of Ontario a tax in respect of the con-
sumption or use of the car in the amount determined under
subsection (3).
(2) For the purposes of this section,
(a)
Definition of
"fuel
inefficient
a fuel inefficient car is a passenger car, as defined far" and
by the Minister, having a highway fuel consumption inefficient
rating, as determined under subsection (4), of 9.5 or car"
more litres of gasoline or diesel fuel per 100 kilome-
tres; and
(b) a purchaser shall be considered to be the purchaser
of a new fuel inefficient car where,
(i) the first sale of the fuel inefficient car to a
purchaser is in Ontario and is a retail sale of
the car to the purchaser or a rental or lease to
the purchaser of the fuel inefficient car for a
term of at least one year,
(ii) the first sales of the fuel inefficient car to pur-
chasers are in Ontario on or after the 1st day
of July, 1989, and are leases or rentals of the
car for terms less than one year, and the pur-
chaser acquires the car at such a sale within
180 days of the first such sale,
(iii) the first sale of the fuel inefficient car to a
purchaser is outside of Ontario on or after the
1st day of July, 1989, and, on the date the
purchaser thereof is required under subsection
2 (14) to pay the tax imposed by section 2, the
Bill 22
RETAIL SALES TAX
1989
Amount of
tax
car is a current or prior year model as defined
by the Minister.
(3) The amount of tax payable under subsection (1) by a
purchaser of a new fuel inefficient car shall be the amount of
tax appearing in the following table opposite the range of
highway fuel consumption ratings which includes the highway
fuel consumption rating of the car, except that the total
amount of tax payable under this section by all purchasers
referred to in subclause (2) (b)(ii) in respect of the same car
shall not exceed the amount of tax otherwise determined
under this subsection, and each such purchaser shall pay such
portion of the total amount of tax which, in the Minister's
opinion, reasonably represents the use of the car by that pur-
chaser during the 180 days referred to in subclause (2) (b)(ii):
Highway Fuel Consumption Ratings
Litres per 100 kilometres
9.5 - 12.0
12.1 - 15.0
15.1 - 18.0
over 18.0
Tax
$600
$1,200
$2,200
$3,500
Highway fuel (4) Por the purposes of this section, the highway fuel con-
Sr^*'"" sumption rating of a passenger car shall be deemed to be the
lesser of,
(a) the highway fuel consumption rating most recently
published by the Department of Transport (Cana-
da) of cars matching the description of the passen-
ger car, if such a publication is available publicly at
the date of sale of the passenger car; or
Rebates and
assessments
of additional
tax
(b) 18.1 litres per 100 kilometres. -^
(5) Where the highway fuel consumption rating of a car is
subsequently determined, in a manner prescribed by the Min-
ister, to be less than or greater than the rating used in the
determination of an amount of tax payable by the purchaser
under this section, the Minister may,
(a) where the subsequent rating is less, rebate with
interest to the purchaser, upon receipt of an appli-
cation therefor in the manner and within the time
prescribed by the Minister, the amount of tax paid
by the purchaser under this section in excess of the
amount of tax that would have been determined
using the subsequent rating; or
1989 RETAIL SALES TAX Bill 22 5
(b) where the subsequent rating is greater, assess or
reassess the tax payable by the purchaser under this
section together with interest from the date the car
was acquired.
5. — (1) Subsection 5 (1) of the said Act is amended by strik-
ing out ''this Act" in the third line and inserting in lieu thereof
"section 2".
(2) Paragraph 17 of subsection 5 (1) of the said Act is
repealed.
(3) Paragraph 26 of subsection 5 (1) of the said Act is
amended by inserting after "thereunder" in the sixth line "or
the National Transportation Act, 1987 (Canada) or regulations
made thereunder,".
6. Section 40 of the said Act is repealed and the following
substituted therefor:
40. Any officer, director or agent of a corporation, or any officers, etc.
other person, who directed, authorized, assented to, corporation
acquiesced in or participated in the commission of any act by
the corporation which is an offence under this Act, or the
omission of any act the omission of which is an offence under
this Act, is guilty of an offence and on conviction is Uable to
the punishment provided for the offence whether or not the
corporation has been prosecuted or convicted of any offence
under this Act.
7. — (1) Clause 45 (3) (i) of the said Act, as re-enacted by
the Statutes of Ontario, 1986, chapter 66, section 12, is
amended by inserting after "tax" in the first line "imposed by
section 2".
(2) Subclauses (ii) and (iii) of clause 45 (3) (i) of the said Act,
as enacted by the Statutes of Ontario, 1986, chapter 66, section
12, are repealed and the following substituted therefor:
(ii) a vehicle that is powered by a gasoline or die-
sel engine and for which a permit is required
under the Highway Traffic Act, and any tangi- R s^o i980,
ble personal property sold as a conversion kit,
including the labour provided to install the
conversion kit, where the purchaser enters
into a written contract for the conversion of
the vehicle within ninety days of the date of
sale, and the vehicle is in fact converted to
permit it to operate in a manner described in
c. 198
Bill 22 RETAIL SALES TAX 1989
sub-subclause (i)(A) or (B) within 180 days of
the date of sale of the vehicle, or
(iii) tangible personal property sold as a conver-
sion kit to be used to convert any vehicle
powered by a gasoline or diesel engine into a
vehicle that operates in the manner described
in sub-subclause (i)(A) or (B), including the
labour to install the kit, where the vehicle is
not so converted within 180 days of the date
of sale of the vehicle.
(3) Subsection 45 (3) of the said Act, as amended by the
Statutes of Ontario, 1982, chapter 36, section 10, 1983, chapter
27, section 16 and 1986, chapter 66, section 12, is further
amended by adding thereto the following clause:
(k) providing for the rebate of any tax paid by a pur-
chaser under section 2c, where the purchaser is enti-
tled to a rebate referred to in subclause (i)(ii), in
connection with the conversion of the vehicle to
permit it to operate in the manner described in sub-
subclause (i)(i)(A).
(4) The said subsection 45 (3) is further amended by adding
thereto the following clause:
(1) providing for the computation, payment and collec-
tion of tax imposed by section 2b, in respect of the
acquisition of tangible personal property at a sale
that is a lease or rental of the tangible personal
property, in a manner different from the computa-
tion, payment and collection of tax described in
subsection 2 (6).
(5) The said subsection 45 (3) is further amended by adding
thereto the following clause:
(m) providing for the computation, payment and collec-
tion of tax imposed by section 2c, in respect of the
acquisition of tangible personal property at a sale
that is a lease or rental of the tangible personal
property, in a manner different from the computa-
tion, payment and collection of tax described in
subsection 2 (6).
(6) The said subsection 45 (3) is further amended by adding
thereto the following clause:
1989
RETAIL SALES TAX
Bill 22
(n) providing for a rebate or a partial rebate of tax paid
on motor vehicles purchased to transport physically
disabled persons.
8. — (1) Except as provided in subsections (2) to (5), this Act commence-
comes into force on the day it receives Royal Assent. "'"
(2) Subsection 1 (1) shall be deemed to have come into force i^^™
on the 2nd day of May, 1988.
(3) Subsection 7 (2) comes into force on the 18th day of w*™
May, 1989 and applies in respect of motor vehicles purchased
on, before or after that date.
(4) Subsection 1 (2), sections 2, 3 and 5 and subsections wem
7 (1), (4) and (6) come into force on the 1st day of June, 1989.
(5) Section 4 and subsections 7 (3) and (5) come into force on wem
the 1st day of July, 1989.
9. The short title of this Act is the Retail Sales Tax Amend- Short title
ment Act, 1989.
Bill 22
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 22
(Chapter 38
Statutes of Ontario, 1989)
An Act to amend the Retail Sales Tax Act
The Hon. B. Grandmaitre
Minister of Revenue
1st Reading May 17th, 1989
2nd Reading June 26th, 1989
3rd Reading July 13th, 1989
Royal Assent July 13th, 1989
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
Bill 22 1989
An Act to amend the Retail Sales Tax Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. — (1) Clause (ba) of paragraph 4 of section 1 of the Retail
Sales Tax Act, being chapter 454 of the Revised Statutes of
Ontario, 1980, as enacted by the Statutes of Ontario, 1989,
chapter 15, section 1, is amended by inserting after *^ Excise
Tax Act (Canada)" in the second line "or the Excise Act
(Canada)".
(2) Paragraph 4 of section 1 of the said Act, as amended by
the Statutes of Ontario, 1982, chapter 36, section 1, 1983,
chapter 27, section 1 and 1989, chapter 15, section 1, is further
amended by striking out "and" at the end of clause (e), by
adding "and" at the end of clause (f) and by adding thereto
the following clause:
(g) any tax payable by the purchaser under section 2b
or 2c,
2. Subsection 2 (14) of the said Act is amended by adding
at the end thereof "together with any tax payable under
section 2b or 2c".
3. The said Act is amended by adding thereto the following
section:
2b. — (1) Every purchaser of a new pneumatic tire, other Tax on new
than a purchaser referred to in subsection (2), shall pay to rires"""^ "^
Her Majesty in right of Ontario a tax of $5 in respect of the
consumption or use of the tire.
(2) The purchaser of a new pneumatic tire is exempt from Exemptions
the tax imposed by this section if,
2 Bill 22 RETAIL SALES TAX 1989
(a) the tire is acquired by the purchaser as part of tan-
gible personal property acquired by the purchaser
and the purchaser is exempt under subsection 5 (1)
from the tax imposed by section 2 in respect of the
purchase of the tangible personal property;
(b) the tire is acquired by the purchaser in replacement
of a tire described in clause (a); or
(c) the tire is attached to or is designed for use on any
class or classes of tangible personal property pre-
scribed by the Minister.
Definition of (3) Por the purposcs of this section,
"sale" and ^ ^
"first sale"
(a) any sale of tangible personal property to which a
tire is attached, or in connection with which the tire
is supplied, is a sale of the tire;
(b) the first sale of a pneumatic tire means the first sale
of the tire that is,
(i) a retail sale,
(ii) a lease or rental for a term of at least seven
days of tangible personal property to which
the tire is attached, or in connection with
which the tire is supplied, or
(iii) a transfer by a vendor, under the terms of a
lease or rental agreement referred to in sub-
clause (ii), of the tire in replacement of
another tire;
(c) a purchaser shall be considered to acquire a new
pneumatic tire on the date on which,
(i) the purchaser acquires the pneumatic tire at
the first sale of the tire, if the first sale is in
Ontario,
(ii) the purchaser is required under subsection
2 (14) to pay the tax imposed by section 2 in
respect of tangible personal property, other
than a motor vehicle for which a permit is
R.s^o. 1980. required under the Highway Traffic Act, to
which the tire is attached or in connection
with which the tire is used, if the first sale of
the tire was outside of Ontario within the pre-
vious six months, or
c. 198
1989
RETAIL SALES TAX
Bill 22
(iii) the purchaser is required under subsection
2 (14) to pay the tax imposed by section 2 in
respect of a motor vehicle for which a permit
is required under the Highway Traffic Act, to
which the tire is attached or in connection
with which the tire is used, if the motor
vehicle is a current or prior year model, as
defined by the Minister, and the first sale of
the tire was outside of Ontario.
R.S.O. 1980,
c. 198
4. The said Act is further amended by adding thereto the
following section:
2c. — (1) Every purchaser of a new fuel inefficient car, ^^x on new
other than a car which is a settler's effect referred to in para- inefficient
graph 71 of subsection 5 (1) or tangible personal property passenger
referred to in paragraph 73 of subsection 5 (1), shall pay to ^^'^^
Her Majesty in right of Ontario a tax in respect of the con-
sumption or use of the car in the amount determined under
subsection (3).
(2) For the purposes of this section,
(a)
Definition of
"fuel
inefficient
a fuel inefficient car is a passenger car, as defined far" and
by the Minister, having a highway fuel consumption inSci^ent
rating, as determined under subsection (4), of 9.5 or car'
more litres of gasoUne or diesel fuel per 100 kilome-
tres; and
(b) a purchaser shall be considered to be the purchaser
of a new fuel inefficient car where,
(i) the first sale of the fuel inefficient car to a
purchaser is in Ontario and is a retail sale of
the car to the purchaser or a rental or lease to
the purchaser of the fuel inefficient car for a
term of at least one year,
(ii) the first sales of the fuel inefficient car to pur-
chasers are in Ontario on or after the 1st day
of July, 1989, and are leases or rentals of the
car for terms less than one year, and the pur-
chaser acquires the car at such a sale within
180 days of the first such sale,
(iii) the first sale of the fuel inefficient car to a
purchaser is outside of Ontario on or after the
1st day of July, 1989, and, on the date the
purchaser thereof is required under subsection
2 (14) to pay the tax imposed by section 2, the
Bill 22
RETAIL SALES TAX
1989
car is a current or prior year model as defined
by the Minister.
Amount of
tax
(3) The amount of tax payable under subsection (1) by a
purchaser of a new fuel inefficient car shall be the amount of
tax appearing in the following table opposite the range of
highway fuel consumption ratings which includes the highway
fuel consumption rating of the car, except that the total
amount of tax payable under this section by all purchasers
referred to in subclause (2) (b)(ii) in respect of the same car
shall not exceed the amount of tax otherwise determined
under this subsection, and each such purchaser shall pay such
portion of the total amount of tax which, in the Minister's
opinion, reasonably represents the use of the car by that pur-
chaser during the 180 days referred to in subclause (2) (b)(ii):
Highway Fuel Consumption Ratings
Litres per 100 kilometres
9.5 - 12.0
12.1 - 15.0
15.1 - 18.0
over 18.0
Tax
$600
$1,200
$2,200
$3,500
Highway fuel (^4) Por the purposcs of this section, the highway fuel con-
rating"''' "'" sumption rating of a passenger car shall be deemed to be the
lesser of,
(a) the highway fuel consumption rating most recently
published by the Department of Transport (Cana-
da) of cars matching the description of the passen-
ger car, if such a publication is available publicly at
the date of sale of the passenger car; or
(b) 18.1 litres per 100 kilometres.
Rebates and
assessments
of additional
tax
(5) Where the highway fuel consumption rating of a car is
subsequently determined, in a manner prescribed by the Min-
ister, to be less than or greater than the rating used in the
determination of an amount of tax payable by the purchaser
under this section, the Minister may.
(a) where the subsequent rating is less, rebate with
interest to the purchaser, upon receipt of an appli-
cation therefor in the manner and within the time
prescribed by the Minister, the amount of tax paid
by the purchaser under this section in excess of the
amount of tax that would have been determined
using the subsequent rating; or
1989 RETAIL SALES TAX Bill 22 5
(b) where the subsequent rating is greater, assess or
reassess the tax payable by the purchaser under this
section together with interest from the date the car
was acquired.
5. — (1) Subsection 5 (1) of the said Act is amended by strik-
ing out ''this Acf in the third line and inserting in lieu thereof
"section 2".
(2) Paragraph 17 of subsection 5 (1) of the said Act is
repealed.
(3) Paragraph 26 of subsection 5 (1) of the said Act is
amended by inserting after "thereunder" in the sixth line "or
the National Transportation Act, 1987 (Canada) or regulations
made thereunder,".
6. Section 40 of the said Act is repealed and the following
substituted therefor:
40. Any officer, director or agent of a corporation, or any officers, etc.
other person, who directed, authorized, assented to, corporation
acquiesced in or participated in the commission of any act by
the corporation which is an offence under this Act, or the
omission of any act the omission of which is an offence under
this Act, is guilty of an offence and on conviction is liable to
the punishment provided for the offence whether or not the
corporation has been prosecuted or convicted of any offence
under this Act.
7. — (1) Clause 45 (3) (i) of the said Act, as re-enacted by
the Statutes of Ontario, 1986, chapter 66, section 12, is
amended by inserting after "tax" in the first line "imposed by
section 2".
(2) Subclauses (ii) and (iii) of clause 45 (3) (i) of the said Act,
as enacted by the Statutes of Ontario, 1986, chapter 66, section
12, are repealed and the following substituted therefor:
(ii) a vehicle that is powered by a gasoline or die-
sel engine and for which a permit is required
under the Highway Traffic Act, and any tangi- R s^o i980,
ble personal property sold as a conversion kit,
including the labour provided to install the
conversion kit, where the purchaser enters
into a written contract for the conversion of
the vehicle within ninety days of the date of
sale, and the vehicle is in fact converted to
permit it to operate in a manner described in
198
Bill 22 RETAIL SALES TAX 1989
sub-subclause (i)(A) or (B) within 180 days of
the date of sale of the vehicle, or
(iii) tangible personal property sold as a conver-
sion kit to be used to convert any vehicle
powered by a gasoline or diesel engine into a
vehicle that operates in the manner described
in sub-subclause (i)(A) or (B), including the
labour to install the kit, where the vehicle is
not so converted within 180 days of the date
of sale of the vehicle,
(3) Subsection 45 (3) of the said Act, as amended by the
Statutes of Ontario, 1982, chapter 36, section 10, 1983, chapter
27, section 16 and 1986, chapter 66, section 12, is further
amended by adding thereto the following clause:
(k) providing for the rebate of any tax paid by a pur-
chaser under section 2c, where the purchaser is enti-
tled to a rebate referred to in subclause (i)(ii), in
connection with the conversion of the vehicle to
permit it to operate in the manner described in sub-
subclause (i)(i)(A).
(4) The said subsection 45 (3) is further amended by adding
thereto the following clause:
(1) providing for the computation, payment and collec-
tion of tax imposed by section 2b, in respect of the
acquisition of tangible personal property at a sale
that is a lease or rental of the tangible personal
property, in a manner different from the computa-
tion, payment and collection of tax described in
subsection 2 (6).
(5) The said subsection 45 (3) is further amended by adding
thereto the following clause:
(m) providing for the computation, payment and collec-
tion of tax imposed by section 2c, in respect of the
acquisition of tangible personal property at a sale
that is a lease or rental of the tangible personal
property, in a manner different from the computa-
tion, payment and collection of tax described in
subsection 2 (6).
(6) The said subsection 45 (3) is further amended by adding
thereto the following clause:
1989 RETAIL SALES TAX Bill 22
(n) providing for a rebate or a partial rebate of tax paid
on motor vehicles purchased to transport physically
disabled persons.
8. — (1) Except as provided in subsections (2) to (5), this Act commence-
comes into force on the day it receives Royal Assent. "*°
(2) Subsection 1 (1) shall be deemed to have come into force wem
on the 2nd day of May, 1988.
(3) Subsection 7 (2) shall be deemed to have come into force wem
on the 18th day of May, 1989 and applies in respect of motor
vehicles purchased on, before or after that date.
(4) Subsection 1 (2), sections 2, 3 and 5 and subsections i^^m
7 (1), (4) and (6) shall be deemed to have come into force on
the 1st day of June, 1989.
(5) Section 4 and subsections 7 (3) and (5) shall be deemed to wem
have come into force on the 1st day of July, 1989.
9. The short title of this Act is the Retail Sales Tax Amend- short title
ment Act, 1989.
Bill 23 Government BiU
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 23
An Act to amend the Land Transfer Tax Act
The Hon. B. Grandmaitre
Minister of Revenue
1st Reading May 17th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
GENERAL. The Bill implements the proposals contained in the Treasurer's Budget of
May 17, 1989 and makes administrative amendments and clarifications.
SECTION 1. The amendments are consequential upon the enactment of section 7a of
the Act by section 4 of the Bill.
SECTION 2. The amendments implement the Treasurer's Budget proposal of extending
the additional rate of one-half of 1 per cent to all conveyances of land where the value of
the consideration for the conveyance exceeds $250,000.
The amendments implement the Treasurer's Budget proposal to increase the rates of land
transfer tax as follows:
(a) where the value of the consideration for a conveyance of any land, not just sin-
gle family residential land, exceeds $250,000, the tax on the amount in excess
of $250,000 will be L5 per cent; and
(b) where the value of the consideration for a conveyance of land that contains at
least one and not more than two single family residences exceeds $400,000, the
tax on the amount in excess of $400,000 will be 2 per cent.
SECTION 3. The re-enactment of subsection 4 (1) of the Act is consequential upon the
increase in the tax rates.
SECTION 4. The enactment of section 7a of the Act will implement the Treasurer's
Budget proposal of providing for a full or partial refund of land transfer tax paid on the
acquisition of a first home by a qualifying planholder of an Ontario home ownership sav-
ings plan. Where the purchase price of the home does not exceed $150,000, the full
amount of the land transfer tax applicable to the home will be refunded. Where the pur-
chase price is between $150,000 and $200,000, a partial refund at a decUning rate will be
available.
SECTION 5. The amendment provides that the Minister may assess tax later than the
general four-year limitation period where the taxpayer has failed to deliver a return
required by the Act and accordingly has failed to report to the Minister that a taxable
disposition has occurred.
SECTION 6. — Subsection 1. The amendments permit the Minister to approve different
versions of any prescribed form, both to ensure uniformity and to ensure that any form
required by the Act to be attached to a registered conveyance will be in a form accept-
able for registration by the Land Titles Offices and Registry Offices.
Subsection 2. The amendments clarify the regulation-making authority of the Lieutenant
Governor in Council and further provide that the method of calculating the cost of con-
struction or acquisition of an eligible home may be prescribed for the purposes of deter-
mining the amount of any tax refund under section 7a of the Act, as enacted by section 4
of the Bill.
Bill 23 1989
An Act to amend the Land Transfer Tax Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Subsection 1 (1) of the Land Transfer Tax Act, being
chapter 231 of the Revised Statutes of Ontario, 1980, as
amended by the Statutes of Ontario, 1983, chapter 20, section
1 and 1985, chapter 21, section 1, is further amended by add-
ing thereto the following clauses:
(gb) "Ontario home ownership savings plan" means an
Ontario home ownership savings plan under the
Ontario Home Ownership Savings Plan Act, 1988; i988, c. 35
(gc) "Ontario home ownership savings plan tax credit",
of an individual for a taxation year, means the
deduction allowed to the individual under
subsection 7 (2a) of the Income Tax Act for the tax- R so. i980,
c 213
ation year of the individual as determined under
that Act;
cc. 230, 445
(ia) "registration", of a conveyance, means registration
under the Land Titles Act or the Registry Act, and R s^o. i980,
"registered" has a corresponding meaning.
2. — (1) Clause 2 (1) (c) of the said Act, as enacted by the
Statutes of Ontario, 1985, chapter 21, section 2, is repealed
and the following substituted therefor:
(c) at the rate of,
(i) one-half of 1 per cent of the value of the
consideration for the conveyance up to and
including $55,000,
Bill 23 LAND TRANSFER TAX 1989
(ii) 1 per cent of the value of the consideration
which exceeds $55,000 up to and including
$250,000, and
(iii) 1.5 per cent of the value of the consideration
which exceeds $250,000; and
(2) Clause 2 (1) (d) of the said Act, as enacted by the
Statutes of Ontario, 1985, chapter 21, section 2, is repealed
and the following substituted therefor:
(d) where the value of the consideration for the convey-
ance exceeds $400,000 and the conveyance is a con-
veyance of land that contains at least one and not
more than two single family residences, an addi-
tional tax of one-half of 1 per cent of the amount by
which the value of the consideration exceeds
$400,000.
(3) Subsection 2 (la) of the said Act, as enacted by the
Statutes of Ontario, 1985, chapter 21, section 2, is repealed;
and the following substituted therefor:
Apportion- (J a) Where, in respect of a conveyance of land,
consideration
(a) subsection (2) does not apply;
(b) the value of the consideration for the conveyance
exceeds $400,000; and
(c) a part of the land being conveyed is used for a
purpose other than residential purposes,
the Minister may, to the extent that he considers it practic-
able, determine what amount of the value of the consideration
for the conveyance is reasonably attributable to the land used
in connection with a single family residence, and the person
tendering the conveyance for registration is, despite sub-
section (1), liable to the additional tax of one-half of 1 per
cent only upon the amount by which the value of the consider-
ation determined by the Minister to be attributable to land
used in connection with a single family residence exceeds
$400,000.
(4) Subsection 2 (6) of the said Act, as re-enacted by the
Statutes of Ontario, 1985, chapter 21, section 2, is repealed
and the following substituted therefor:
1989
LAND TRANSFER TAX
Bill 23
(6) Where only a part of the land being conveyed is unre-
stricted land and the conveyance is to or in trust for any non-
resident person, the Minister may, to the extent the Minister
considers it practicable, determine what amount of the value
of the consideration for the conveyance is reasonably attribut-
able to the unrestricted land being conveyed, and the person
tendering the conveyance for registration is, despite sub-
section (1) or (2), Uable to a tax,
Apportion-
ment of
consideration
(a) with respect to the amount of the value of the con-
sideration determined by the Minister to be reason-
ably attributable to the unrestricted land being
conveyed, computed at the rate of,
(i) 1 per cent of the amount determined by the
Minister which does not exceed $250,000,
(ii) 1.5 per cent of the amount determined by the
Minister which exceeds $250,000, and
(iii) any tax required to be calculated under clause
(1) (d) or subsection (la), whichever is the
lesser, on the amount determined by the
Minister; and
(b) computed at the rate of 20 per cent of the amount
of the value of the consideration for the conveyance
that is determined by the Minister not to be reason-
ably attributable to the unrestricted land being
conveyed.
3. Subsection 4 (1) of the said Act, as re-enacted by the
Statutes of Ontario, 1985, chapter 21, section 3, is repealed
and the following substituted therefor:
(1) There shall be filed with the collector and attached by Contents of
the collector to the conveyance to which it relates an affidavit fo com'ider-
in the prescribed form setting out, ation
(a) the true value of the consideration for the convey-
ance;
(b) the true amount in cash and the value of any prop-
erty or security included in the value of the consid-
eration;
(c) the amount or value of any lien or encumbrance
subject to which the conveyance was made;
4 Bill 23 LAND TRANSFER TAX 1989
(d) whether the transferee to whom the land is being
conveyed is a non-resident person or the trustee of
a non-resident person;
(e) where the value of the conveyance exceeds
$400,000, whether the land being conveyed contains
at least one and not more than two single family
residences; and
(f) any other information prescribed by the Minister
that in the Minister's opinion is required for the
purpose of administering and enforcing this Act.
4. The said Act is amended by adding thereto the following
section:
Refund on y^, — (1) Where, in respect of a conveyance of land,
purchase or ^ '
eligible home
198" c 35 (^) subsection 2 (2) does not apply;
(b) the tax payable under subsection 2 (1) was paid with
respect to the conveyance and the conveyance was
registered after the 17th day of May, 1989;
(c) a transferee named in the conveyance was a plan-
holder of an Ontario home ownership savings plan
and the assets of that plan have been released under
section 5 of the Ontario Home Ownership Savings
Plan Act, 1988 for the purpose of purchasing the
qualifying eligible home of the transferee under that
Act;
(d) the qualifying eligible home of the transferee
referred to in clause (c) now forms part of the land
subject to the conveyance; and
(e) the transferee, or his or her spouse, within the
meaning of the Ontario Home Ownership Savings
Plan Act, 1988, if the transferee is married,
(i) is entitled to receive an Ontario home owner-
ship savings plan tax credit for the taxation
year in which the assets of the transferee's
Ontario home ownership savings plan were
released for the purpose described in clause
(c), or would have been entitled to such a tax
credit for that taxation year if the transferee
had made a contribution to the plan in that
taxation year, or would have been so entitled
1989 LAND TRANSFER TAX Bill 23 '
but for subsection 3 (2) of the Ontario Home i988, c. 35
Ownership Savings Plan Act, 1988, or
(ii) was entitled to receive and did receive an
Ontario home ownership savings plan tax
credit for either of the two taxation years end-
ing before the date the assets of the plan were
released for the purpose described in clause
(c),
the Minister may, upon application therefor within the pre-
scribed time and in the prescribed manner, refund to the
transferee the amount of tax determined under subsection (2)
with respect to the conveyance, without interest thereon,
where the Minister is satisfied that the qualifying eligible
home had a total purchase price of not more than $200,000,
(2) The amount of tax which may be refunded to a trans- ^™°""^ °^
feree under subsection (1) is,
(a) where the total purchase price of the qualifying eli-
gible home does not exceed $150,000, the amount
of the tax paid under subsection 2 (1), or, if the
transferee is not the only transferee named in the
conveyance, the portion of such tax applicable to
the transferee's interest acquired under the convey-
ance including, where the transferee is married to a
spouse within the meaning of the Ontario Home i988, c. 35
Ownership Savings Plan Act, 1988, the spouse's
interest acquired under the conveyance; and
(b) where the total purchase price of the qualifying eli-
gible home exceeds $150,000 but does not exceed
$200,000, the percentage of the tax paid under sub-
section 2 (1) appearing on the following table beside
the range of total purchase prices which includes the
total purchase price of the transferee's qualifying
eUgible home, except that if the transferee is not the
only transferee named in the conveyance, the
amount of the refund shall not exceed the percent-
age determined under this clause of the portion of
the tax applicable to the transferee's interest
acquired under the conveyance including, where the
transferee is married to a spouse within the meaning
of the Ontario Home Ownership Savings Plan Act,
1988, the spouse's interest acquired under the con-
veyance:
Bill 23
LAND TRANSFER TAX
1989
Total Purchase Price Percentage of Tax Paid
$150,001 - $155,500
$155,501 - $161,000
$161,001 - $166,500
$166,501
$172,001
$177,501
$183,001
$188,501
$194,001
$172,000
$177,500
$183,000
$188,500
$194,000
$200,000
90 per cent
80 per cent
70 per cent
60 per cent
50 per cent
40 per cent
30 per cent
20 per cent
10 per cent
Total (3) Subject to subsection (4), "total purchase price of a
pri^^Sned qualifying eligible home" for the purposes of this section
means,
(a) where the conveyance is of land upon which there is
1988, c. 35 an eligible home under the Ontario Home Owner-
ship Savings Plan Act, 1988 at the time of registra-
tion of the conveyance, the value of the considera-
tion for the conveyance; or
(b) where the conveyance is of land upon which there
was not yet an eligible home under the Ontario
Home Ownership Savings Plan Act, 1988 at the time
of registration of the conveyance, the aggregate of
the value of the consideration for the conveyance
and the total cost for the construction or acquisition
of the eligible home which subsequently forms part
of the land.
Where part
of land
not for
residential
use
(4) Where a part of the land conveyed is not used for resi-
dential purposes at the time of the application for a refund
under this section, the Minister may, to the extent that the
Minister considers it practicable, determine what amount of
the value of the consideration for the conveyance is reason-
ably attributable to the land used in connection with the trans-
feree's qualifying eligible home and, for the purposes of deter-
mining the total purchase price of the qualifying eligible home
and the amount of the refund payable under this section, the
value of the consideration for the conveyance shall be deemed
to be the amount so determined by the Minister and the
amount of tax paid under subsection 2 (1) shall be deemed to
be the amount of such tax which would have been payable
thereon.
Offence
(5) Any person who makes or assists in making a statement
in any application for a refund under this section, or in any
document provided to the Minister in connection therewith,
that, at the time and in the light of the circumstances under
which it was made, is false or misleading in respect of any
material fact or that omits to state any material fact the omis-
1989
LAND TRANSFER TAX
Bill 23
sion of which makes the statement false or misleading is guilty
of an offence and on conviction is liable to a fine of not more
than $2,000.
(6) Where a refund is made under this section to a trans- Recovery of
feree and it is subsequently determined that the transferee was wrongly
not entitled to the refund, or was entitled only to a refund in a obtained
lesser amount, the amount of the refund to which the trans-
feree was not entitled shall, for the purposes of this Act, be
deemed to be tax imposed by section 2 which was required to
have been paid by the transferee on the date the refund was
made to the transferee by the Minister.
5. Subsection 10 (4) of the said Act is repealed and the
following substituted therefor:
(4) The Minister may assess or reassess any person for any Limitation on
tax payable by the person under this Act within four years ^^^^^^'"^'^
from the day the tax became payable, except that, where the
Minister establishes that a person has made any misrepresen-
tation that is attributable to neglect, carelessness or wilful
default, or has committed any fraud, in supplying any infor-
mation under this Act, in making any affidavit required by
this Act, or in omitting to disclose any information, or the
person has failed to deliver any return required by this Act,
the Minister may assess or reassess at any time the Minister
considers reasonable the tax payable by such person.
6. — (1) Subsection 18 (1) of the said Act is repealed and the
following substituted therefor:
(1) The Minister may make regulations,
(a) prescribing forms for the purposes of this Act and
providing for their use;
(b) providing for the approval by the Minister or a
person designated by the Minister of prescribed
forms containing variations;
(c) providing that a variation of a prescribed form is
void unless approved by the Minister or a person
designated by the Minister.
(2) Subsection 18 (2) of the said Act is amended by adding
thereto the following clauses:
(ga) prescribing any matter required by this Act to be
prescribed by the regulations;
Regulations
8 Bill 23 LAND TRANSFER TAX 1989
(gb) defining any word or expression used in this Act
that has not already been expressly defined in this
Act;
(gc) providing for the method of calculating the total
cost for the construction or acquisition of an eligible
home for the purposes of section 7a.
Commence- 7, — (1) Exccpt as provided in subsections (2) and (3), this
Act conies into force on the day it receives Royal Assent.
ment
Idem (2) Sections 2 and 3 come into force on the 1st day of June,
1989.
Idem (3) Section 4 comes into force on the 18th day of May, 1989.
Short title 8, The short title of this Act is the Land Transfer Tax
Amendment Act, 1989.
Bill 23
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 23
(Chapter 39
Statutes of Ontario, 1989)
An Act to amend the Land Transfer Tax Act
The Hon. B. Grandmaitre
Minister of Revenue
1st Reading May 17th, 1989
2nd Reading June 26th, 1989
3rd Reading July 13th, 1989
Royal Assent July 13th, 1989
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
\
Bill 23 1989
An Act to amend the Land Transfer Tax Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Subsection 1 (1) of the Land Transfer Tax Act, being
chapter 231 of the Revised Statutes of Ontario, 1980, as
amended by the Statutes of Ontario, 1983, chapter 20, section
1 and 1985, chapter 21, section 1, is further amended by add-
ing thereto the following clauses:
(gb) "Ontario home ownership savings plan" means an
Ontario home ownership savings plan under the
Ontario Home Ownership Savings Plan Act, 1988; 1988, c. 35
(gc) "Ontario home ownership savings plan tax credit",
of an individual for a taxation year, means the
deduction allowed to the individual under
subsection 7 (2a) of the Income Tax Act for the tax- R s.o. i980,
c 213
ation year of the individual as determined under
that Act;
cc. 230, 445
(ia) "registration", of a conveyance, means registration
under the Land Titles Act or the Registry Act, and ^^;,2; ^^^^'
"registered" has a corresponding meaning,
2. — (1) Clause 2 (1) (c) of the said Act, as enacted by the
Statutes of Ontario, 1985, chapter 21, section 2, is repealed
and the following substituted therefor:
(c) at the rate of,
(i) one-half of 1 per cent of the value of the
consideration for the conveyance up to and
including $55,000,
Bill 23 LAND TRANSFER TAX 1989
(ii) 1 per cent of the value of the consideration
which exceeds $55,000 up to and including
$250,000, and
(iii) 1.5 per cent of the value of the consideration
which exceeds $250,000; and
(2) Clause 2 (1) (d) of the said Act, as enacted by the
Statutes of Ontario, 1985, chapter 21, section 2, is repealed
and the following substituted therefor:
(d) where the value of the consideration for the convey-
ance exceeds $400,000 and the conveyance is a con-
veyance of land that contains at least one and not
more than two single family residences, an addi-
tional tax of one-half of 1 per cent of the amount by
which the value of the consideration exceeds
$400,000.
(3) Subsection 2 (la) of the said Act, as enacted by the
Statutes of Ontario, 1985, chapter 21, section 2, is repealed
and the following substituted therefor:
Apportion- (la) Where, in respect of a conveyance of land,
consideration
(a) subsection (2) does not apply;
(b) the value of the consideration for the conveyance
exceeds $400,000; and
(c) a part of the land being conveyed is used for a
purpose other than residential purposes,
the Minister may, to the extent that he considers it practic-
able, determine what amount of the value of the consideration
for the conveyance is reasonably attributable to the land used
in connection with a single family residence, and the person
tendering the conveyance for registration is, despite sub-
section (1), liable to the additional tax of one-half of 1 per
cent only upon the amount by which the value of the consider-
ation determined by the Minister to be attributable to land
used in connection with a single family residence exceeds
$400,000.
(4) Subsection 2 (6) of the said Act, as re-enacted by the
Statutes of Ontario, 1985, chapter 21, section 2, is repealed
and the following substituted therefor:
1989 LAND TRANSFER TAX BUI 23 3
(6) Where only a part of the land being conveyed is unre- Apportion-
stricted land and the conveyance is to or in trust for any non- ^nsideration
resident person, the Minister may, to the extent the Minister
considers it practicable, determine what amount of the value
of the consideration for the conveyance is reasonably attribut-
able to the unrestricted land being conveyed, and the person
tendering the conveyance for registration is, despite sub-
section (1) or (2), liable to a tax,
(a) with respect to the amount of the value of the con-
sideration determined by the Minister to be reason-
ably attributable to the unrestricted land being
conveyed, computed at the rate of,
(i) 1 per cent of the amount determined by the
Minister which does not exceed $250,000,
(ii) 1.5 per cent of the amount determined by the
Minister which exceeds $250,000, and
I
(iii) any tax required to be calculated under clause
(1) (d) or subsection (la), whichever is the
lesser, on the amount determined by the
Minister; and
(b) computed at the rate of 20 per cent of the amount
of the value of the consideration for the conveyance
that is determined by the Minister not to be reason-
ably attributable to the unrestricted land being
conveyed.
3. Subsection 4 (1) of the said Act, as re-enacted by the
Statutes of Ontario, 1985, chapter 21, section 3, is repealed
and the following substituted therefor:
(1) There shall be filed with the collector and attached by Contents of
the collector to the conveyance to which it relates an affidavit to wnsider-
in the prescribed form setting out, ation
(a) the true value of the consideration for the convey-
ance;
(b) the true amount in cash and the value of any prop-
erty or security included in the value of the consid-
eration;
(c) the amount or value of any lien or encumbrance
subject to which the conveyance was made;
4 Bill 23 LAND TRANSFER TAX 1989
(d) whether the transferee to whom the land is being
conveyed is a non-resident person or the trustee of
a non-resident person;
(e) where the value of the conveyance exceeds
$400,000, whether the land being conveyed contains
at least one and not more than two single family
residences; and
(f) any other information prescribed by the Minister
that in the Minister's opinion is required for the
purpose of administering and enforcing this Act.
4. The said Act is amended by adding thereto the following
section:
Refund on y^, — (^j) Where, in respect of a conveyance of land,
eligible home
mi\ 35 (^) subsection 2 (2) does not apply;
(b) the tax payable under subsection 2 (1) was paid with
respect to the conveyance and the conveyance was
registered after the 17th day of May, 1989;
(c) a transferee named in the conveyance was a plan-
holder of an Ontario home ownership savings plan
and the assets of that plan have been released under
section 5 of the Ontario Home Ownership Savings
Plan Act, 1988 for the purpose of purchasing the
qualifying eligible home of the transferee under that
Act;
(d) the qualifying eligible home of the transferee
referred to in clause (c) now forms part of the land
subject to the conveyance; and
(e) the transferee, or his or her spouse, within the
meaning of the Ontario Home Ownership Savings
Plan Act, 1988, if the transferee is married,
(i) is entitled to receive an Ontario home owner-
ship savings plan tax credit for the taxation
year in which the assets of the transferee's
Ontario home ownership savings plan were
released for the purpose described in clause
(c), or would have been entitled to such a tax
credit for that taxation year if the transferee
had made a contribution to the plan in that
taxation year, or would have been so entitled
1989 LAND TRANSFER TAX Bill 23 i
but for subsection 3 (2) of the Ontario Home 1988, c. 35
Ownership Savings Plan Act, 1988, or
(ii) was entitled to receive and did receive an
Ontario home ownership savings plan tax
credit for either of the two taxation years end-
ing before the date the assets of the plan were
released for the purpose described in clause
(c),
the Minister may, upon application therefor within the pre-
scribed time and in the prescribed manner, refund to the
transferee the amount of tax determined under subsection (2)
with respect to the conveyance, without interest thereon,
where the Minister is satisfied that the qualifying eligible
home had a total purchase price of not more than $200,000.
(2) The amount of tax which may be refunded to a trans-
feree under subsection (1) is,
Amount of
refund
(a) where the total purchase price of the qualifying eli-
gible home does not exceed $150,000, the amount
of the tax paid under subsection 2 (1), or, if the
transferee is not the only transferee named in the
conveyance, the portion of such tax applicable to
the transferee's interest acquired under the convey-
ance including, where the transferee is married to a
spouse within the meaning of the Ontario Home i988, c. 35
Ownership Savings Plan Act, 1988, the spouse's
interest acquired under the conveyance; and
(b) where the total purchase price of the qualifying eli-
gible home exceeds $150,000 but does not exceed
$200,000, the percentage of the tax paid under sub-
section 2 (1) appearing on the following table beside
the range of total purchase prices which includes the
total purchase price of the transferee's qualifying
eligible home, except that if the transferee is not the
only transferee named in the conveyance, the
amount of the refund shall not exceed the percent-
age determined under this clause of the portion of
the tax applicable to the transferee's interest
acquired under the conveyance including, where the
transferee is married to a spouse within the meaning
of the Ontario Home Ownership Savings Plan Act,
1988, the spouse's interest acquired under the con-
veyance:
Bill 23
LAND TRANSFER TAX
1989
Total Purchase Price Percentage of Tax Paid
$150,001 - $155,500
$155,501 - $161,000
$161,001 - $166,500
$166,501 - $172,000
$172,001 - $177,500
$177,501 - $183,000
$183,001 - $188,500
$188,501 - $194,000
$194,001 - $200,000
90 per cent
80 per cent
70 per cent
60 per cent
50 per cent
40 per cent
30 per cent
20 per cent
10 per cent
Total (3) Subject to subsection (4), "total purchase price of a
price ddfined qualifying eligible home" for the purposes of this section
means,
(a) where the conveyance is of land upon which there is
1988, c. 35 an eligible home under the Ontario Home Owner-
ship Savings Plan Act, 1988 at the time of registra-
tion of the conveyance, the value of the considera-
tion for the conveyance; or
(b) where the conveyance is of land upon which there
was not yet an eligible home under the Ontario
Home Ownership Savings Plan Act, 1988 at the time
of registration of the conveyance, the aggregate of
the value of the consideration for the conveyance
and the total cost for the construction or acquisition
of the eligible home which subsequently forms part
of the land.
Where part
of land
not for
residential
use
Offence
(4) Where a part of the land conveyed is not used for resi-
dential purposes at the time of the application for a refund
under this section, the Minister may, to the extent that the
Minister considers it practicable, determine what amount of
the value of the consideration for the conveyance is reason-
ably attributable to the land used in connection with the trans-
feree's qualifying eligible home and, for the purposes of deter-
mining the total purchase price of the qualifying eligible home
and the amount of the refund payable under this section, the
value of the consideration for the conveyance shall be deemed
to be the amount so determined by the Minister and the
amount of tax paid under subsection 2 (1) shall be deemed to
be the amount of such tax which would have been payable
thereon.
I
(5) Any person who makes or assists in making a statement
in any application for a refund under this section, or in any
document provided to the Minister in connection therewith,
that, at the time and in the light of the circumstances under
which it was made, is false or misleading in respect of any
material fact or that omits to state any material fact the omis-
1989
LAND TRANSFER TAX
Bill 23
sion of which makes the statement false or misleading is guilty
of an offence and on conviction is liable to a fine of not more
than $2,000.
(6) Where a refund is made under this section to a trans- Recovery of
feree and it is subsequently determined that the transferee was wrongly
not entitled to the refund, or was entitled only to a refund in a obtained
lesser amount, the amount of the refund to which the trans-
feree was not entitled shall, for the purposes of this Act, be
deemed to be tax imposed by section 2 which was required to
have been paid by the transferee on the date the refund was
made to the transferee by the Minister.
5. Subsection 10 (4) of the said Act is repealed and the
following substituted therefor:
(4) The Minister may assess or reassess any person for any Limitation on
tax payable by the person under this Act within four years ^**^^*'"^"
from the day the tax became payable, except that, where the
Minister establishes that a person has made any misrepresen-
tation that is attributable to neglect, carelessness or wilful
default, or has committed any fraud, in supplying any infor-
mation under this Act, in making any affidavit required by
this Act, or in omitting to disclose any information, or the
person has failed to deliver any return required by this Act,
the Minister may assess or reassess at any time the Minister
considers reasonable the tax payable by such person.
6. — (1) Subsection 18 (1) of the said Act is repealed and the
following substituted therefor:
(1) The Minister may make regulations,
(a) prescribing forms for the purposes of this Act and
providing for their use;
(b) providing for the approval by the Minister or a
person designated by the Minister of prescribed
forms containing variations;
(c) providing that a variation of a prescribed form is
void unless approved by the Minister or a person
designated by the Minister.
(2) Subsection 18 (2) of the said Act is amended by adding
thereto the following clauses:
Regulations
(ga) prescribing any matter required by this Act to be
prescribed by the regulations;
Bill 23
LAND TRANSFER TAX
1989
Commence-
ment
Idem
Idem
Short title
(gb) defining any word or expression used in this Act
that has not already been expressly defined in this
Act;
(gc) providing for the method of calculating the total
cost for the construction or acquisition of an eligible
home for the purposes of section 7a.
7. — (1) Except as provided in subsections (2) and (3), this
Act comes into force on the day it receives Royal Assent.
(2) Sections 2 and 3 shall be deemed to have come into force
on the 1st day of June, 1989.
(3) Section 4 shall be deemed to have come into force on the
18th day of May, 1989.
8. The short title of this Act is the Land Transfer Tax
Amendment Act, 1989,
J
Bill 24 Government Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 24
An Act to amend the Gasoline Tax Act
The Hon. B. Grandmaitre
Minister of Revenue
1st Reading May 17th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
The purpose of the Bill is to implement the Treasurer's 1989 Budget proposals
related to the taxation of unleaded and leaded gasoline, propane and aviation fuel. The
changes are summarized below.
Subsection 2 (1) — Unleaded and Leaded Gasoline.
Effective May 18, 1989, the tax rate on unleaded gasoline will increase by 1 cent from
9.3 to 10.3 cents per litre. This rate will increase by an additional 1 cent to 11.3 cents
per litre effective January 1, 1990.
The tax rate on leaded gasoline will increase, effective May 18, 1989, by 1 cent from
12.3 to 13.3 cents per litre. This rate will increase by an additional 1 cent to 14.3 cents
per litre effective January 1, 1990.
Subsection 2 (2) — Aviation Fuel
Effective May 18, 1989, the tax rate on aviation fuel will increase by 0.22 cents from 1.88 ;
to 2.1 cents per litre. ;
i
Subsection 2 (3) — Propane \
i
Effective July 1, 1989, a new tax will be imposed on propane used in licensed motor |
vehicles. Initially, the tax rate on propane will be 2.3 cents per litre. This rate will 1
increase to 4.3 cents per litre effective January 1, 1990. 1
Sections 1 and 3 — Miscellaneous amendments. i
The amendments are complementary to the imposition of a tax on propane as set out in
subsection 2 (3) of the Bill.
BiU24 1989
An Act to amend the Gasoline Tax Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. — (1) Clause 1 (d) of the Gasoline Tax Act, being chapter
186 of the Revised Statutes of Ontario, 1980, is amended by
striking out ''or" at the end of subclause (iii), by repealing
subclause (iv) and by adding thereto the following clauses:
(iv) ethanol, methanol or natural gas, or
(v) propane, except when used or intended to be used
in a motor vehicle licensed or required to be
licensed under the Highway Traffic Act. RS.o. i980,
(2) Section 1 of the said Act, as amended by the Statutes of
Ontario, 1985, chapter 24, section 1 and 1988, chapter 66, sec-
tion 1, is further amended by adding thereto the following
clause:
(ga) "propane" means any product commonly known as
liquified petroleum gas that conforms to Grade 1 or
Grade 2, as described in the Standard
CAN/CGSB-3.14-M88 of the National Standards of
Canada as published by the Canadian General Stan-
dards Board or that conforms to such other Hquified
petroleum gas standard as is published in replace-
ment thereof by the Canadian General Standards
Board and includes any substance added thereto.
2. — (1) Subsection 2 (1) of the said Act, as re-enacted by
the Statutes of Ontario, 1985, chapter 24, section 2 and
amended by 1988, chapter 66, section 2, is repealed and the
following substituted therefor:
(1) Every purchaser of gasoline shall pay to the Treasurer, Tax on
a tax at the rate of, ^''°''"'
Bill 24
GASOLINE TAX
1989
(a) 10.3 cents per litre on all gasoline purchased by, or
delivered to, the purchaser before the 1st day of
January, 1990; and
(b) 11.3 cents per litre on all gasoline purchased by, or
delivered to, the purchaser after the 31st day of
December, 1989.
(2) Subsection 2 (2) of the said Act, as re-enacted by the
Statutes of Ontario, 1985, chapter 24, section 2, is amended by
striking out *'1.88" in the second line and inserting in lieu
thereof "2.1".
(3) Section 2 of the said Act, as amended by the Statutes of
Ontario, 1981, chapter 11, section 2, 1985, chapter 24, section
2 and 1988, chapter 66, section 2, is further amended by add-
ing thereto the following subsection:
Tax on (2b) Evcry purchaser of propane shall pay to the Treasurer,
propane ^^ ^jj propane purchased by, or delivered to, the purchaser
for use in a motor vehicle licensed or required to be licensed
R.s.o. 1980, under the Highway Traffic Act, a tax at the rate of,
(a) 2.3 cents per litre on propane purchased or
delivered before the 1st day of January, 1990;
(b) 4.3 cents per litre on propane purchased or
delivered after the 31st day of December, 1989.
3. Clauses 1 (e), (h), (j) and (1), subsections 2 (4), 3 (1),
4 (1), 4 (2), 6 (1), 6 (2), 6 (3) and 6 (4), clause 7 (1) (b), subsec-
tions 10 (2) and 20 (2), section 31 and clause 32 (2) (b) of the
said Act are amended by striking out ''gasoline or aviation
fuel" wherever that expression occurs and inserting in lieu
thereof in each instance ''gasoline, aviation fuel or propane".
Commence-
ment
Short title
4. — (1) Subject to subsection (2), this Act shall be deemed
to have come into force on the 18th day of May, 1989.
(2) Section 1, subsection 2 (3) and section 3 come into force
on the 1st day of July, 1989 and apply in respect of propane
purchased or delivered after the 30th day of June, 1989.
5. The short title of this Act is the GasoUne Tax Amendment
Act, 1989.
Bill 24 Government Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 24
An Act to amend the Gasoline Tax Act
The Hon. B. Grandmaitre
Minister of Revenue
1st Reading May 17th, 1989
2nd Reading June 26th, 1989
3rd Reading
Royal Assent
(Reprinted as amended by the Committee of the Whole House)
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
The purpose of the Bill is to implement the Treasurer's 1989 Budget proposals
related to the taxation of unleaded and leaded gasoline, propane and aviation fuel. The
changes are summarized below.
Subsection 2 (1) — Unleaded and Leaded Gasoline
Effective May 18, 1989, the tax rate on unleaded gasoline will increase by 1 cent from
9.3 to 10.3 cents per litre. This rate will increase by an additional 1 cent to 11.3 cents
per litre effective January 1, 1990.
The tax rate on leaded gasoline will increase, effective May 18, 1989, by 1 cent from
12.3 to 13.3 cents per litre. This rate will increase by an additional 1 cent to 14.3 cents
per litre effective January 1, 1990.
Subsection 2 (2) — Aviation Fuel
Effective May 18, 1989, the tax rate on aviation fuel will increase by 0.22 cents from 1.88
to 2.1 cents per litre.
Subsection 2 (3) — Propane
Effective July 1, 1989, a new tax will be imposed on propane used in licensed motor
vehicles. Initially, the tax rate on propane will be 2.3 cents per litre. This rate will
increase to 4.3 cents per litre effective January 1, 1990.
SECTION 3. This amendment sets out the collection and remittance obligations of
importers and requires importers who are not collectors to account for the tax they are
obliged to collect or to pay at the point of entry into Ontario to officials authorized by
the Minister.
SECTION 4. This amendment permits officials authorized by the Minister at border
points to request the specified information from those transporting bulk aviation fuel,
bulk gasoline or bulk propane and to detain the motor vehicle until correct information is
provided and until the required remittance and returns are made by the importer. -*■
SECTIONS 1 and 5 — Miscellaneous amendments
The amendments are complementary to the imposition of a tax on propane as set out in
subsection 2 (3) of the Bill.
Bill 24 1989
An Act to amend the Gasoline Tax Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. — (1) Clause 1 (d) of the Gasoline Tax Act, being chapter
186 of the Revised Statutes of Ontario, 1980, is amended by
striking out *'or" at the end of subclause (iii), by repealing
subclause (iv) and by adding thereto the following subclauses:
(iv) ethanol, methanol or natural gas, or
(v) propane, except when used or intended to be used
in a motor vehicle licensed or required to be
licensed under the Highway Traffic Act. r.s.o. i980,
(2) Clause 1 (e) of the said Act is repealed and the following
substituted therefor:
(e) "importer" means a person who brings or causes to
be brought into Ontario gasoline in bulk, aviation
fuel in bulk or propane in bulk. -itt-
(3) Section 1 of the said Act, as amended by the Statutes of
Ontario, 1985, chapter 24, section 1 and 1988, chapter 66, sec-
tion 1, is further amended by adding thereto the following
clauses:
(ba) "aviation fuel in bulk" means aviation fuel stored,
transported or transferred by any means other than
in a fuel tank of an aircraft or a motor vehicle in
which aviation fuel for generating power in an air-
craft or the motor vehicle is kept;
(da) "gasoline in bulk" means gasoline stored, trans-
ported or transferred by any means other than in a
Bill 24 GASOLINE TAX 1989
fuel tank of a motor vehicle in which gasoline for
generating power in the motor vehicle is kept; -^^
(ga) "propane" means any product commonly known as
liquified petroleum gas that conforms to Grade 1 or
Grade 2, as described in the Standard
CAN/CGSB-3.14-M88 of the National Standards of
Canada as published by the Canadian General Stan-
dards Board or that conforms to such other liquified
petroleum gas standard as is published in replace-
ment thereof by the Canadian General Standards
Board and includes any substance added thereto;
(gb) "propane in bulk" means propane stored, trans-
ported or transferred by any means other than in a
fuel tank of a motor vehicle in which propane for
generating power in the motor vehicle is kept. -^^
2. — (1) Subsection 2 (1) of the said Act, as re-enacted by
the Statutes of Ontario, 1985, chapter 24, section 2 and
amended by 1988, chapter 66, section 2, is repealed and the
following substituted therefor:
Tax on (^"j Every purchaser of gasoline shall pay to the Treasurer,
gaso ine ^ ^^^ ^^ ^^^ ^^^^ ^^^
(a) 10.3 cents per Htre on all gasoline purchased by, or
delivered to, the purchaser before the 1st day of
January, 1990; and
(b) 11.3 cents per litre on all gasoline purchased by, or
delivered to, the purchaser after the 31st day of
December, 1989.
(2) Subsection 2 (2) of the said Act, as re-enacted by the
Statutes of Ontario, 1985, chapter 24, section 2, is amended by
striking out '^1.88" in the second line and inserting in lieu
thereof "2.1".
(3) Section 2 of the said Act, as amended by the Statutes of
Ontario, 1981, chapter 11, section 2, 1985, chapter 24, section
2 and 1988, chapter 66, section 2, is further amended by add-
ing thereto the following subsection:
Tax on (2b) Every purchaser of propane shall pay to the Treasurer,
propane ^^ ^^j propauc purchascd by, or delivered to, the purchaser
for use in a motor vehicle licensed or required to be licensed
R.s^o. 1980, under the Highway Traffic Act, a tax at the rate of.
1989
GASOLINE TAX
Bill 24
(a) 2.3 cents per litre on propane purchased or
delivered before the 1st day of January, 1990;
(b) 4.3 cents per litre on propane purchased or
delivered after the 31st day of December, 1989.
3. Section 4 of the said Act is repealed and the following
substituted therefor:
4. — (1) Every importer shall, at the times and in the man- collection
ner prescribed, collect from every wholesaler, retailer or pur-
chaser to whom the importer sells aviation fuel, gasoline or
propane, the tax collectable and payable under this Act and,
for that purpose, every importer is an agent of the Minister
for the collection of the tax imposed by this Act.
(2) Every importer who is a collector shall remit to the Transmission
Treasurer, at the time and in the manner prescribed, the tax
collectable and payable with respect to the aviation fuel,
gasoline and propane imported by that person.
(3) At the time of entry into Ontario from outside Canada Security
of aviation fuel, gasoline or propane, every importer who is
not a collector shall remit to the Treasurer,
(a) an amount as security equal to the tax that the
importer would be obliged to collect under sub-
section (1) on the resale in Ontario of the aviation
fuel, gasoline or propane; and
(b) the tax payable by the importer under subsection
2(1).
(4) The remittance required by subsection (3) shall be Payment
made to a person authorized by the Minister for forwarding to
the Treasurer by certified cheque or money order, payable to
the Treasurer.
(5) Every importer shall, at the times and in the manner Returns
prescribed, deliver to the Minister or to a person authorized
by the Minister a return with respect to the aviation fuel,
gasoline and propane imported by the importer.
4. The said Act is amended by adding thereto the following
section:
16a. — (1) Every person carrying aviation fuel in bulk,
gasoline in bulk or propane in bulk and the operator of every
motor vehicle carrying such products, shall, when requested
by the Minister or any person authorized by the Minister, give
Fuel in bulk
Bill 24
GASOLINE TAX
1989
written evidence to the requester of any or all of the following
information,
(a) the name and address of any person from whom the
aviation fuel, gasoline or propane was obtained and
the name and address of any person to whom the
aviation fuel, gasoline or propane so obtained was
delivered or is to be delivered;
(b) the quantity of aviation fuel, gasoline or propane
delivered or to be delivered to any person;
(c) the use or intended use, if known, to be made of
any aviation fuel, gasoline or propane delivered or
to be delivered from such motor vehicle.
Detention (2) The Minister or a person authorized by the Minister
may detain a motor vehicle carrying aviation fuel in bulk,
gasoline in bulk or propane in bulk where,
(a) written evidence requested under subsection (1) is
not given;
(b) the information in the written evidence that is given
is false; or
(c) the importer fails to comply with section 4 or fails
to deliver any return in accordance with section 4.
Time
Liability
(3) The Minister or a person authorized by the Minister
may detain a motor vehicle under subsection (2) until the
written evidence is given, the true information is given, the
remittance required under section 4 is delivered or the return
in accordance with section 4 is delivered, as the case requires.
(4) During any detention under subsection (2), the Crown,
or any person acting in the administration and enforcement of
this Act, is not liable for any damages to the motor vehicle, its
contents, cargo or freight, or to its owner or driver or other-
wise that may occur or be alleged to occur by reason of the
detention of the motor vehicle pending compliance with
section 4 and subsection (1). ^^^
5. Clauses 1 (e), (h), (j) and (1), subsections 2 (4), 3 (1),
4 (1), 4 (2), 6 (1), 6 (2), 6 (3) and 6 (4), clause 7 (1) (b), subsec-
tions 10 (2) and 20 (2), section 31 and clause 32 (2) (b) of the
said Act are amended by striliing out ' 'gasoline or aviation
fuel" wherever that expression occurs and inserting in lieu
thereof in each instance ''gasoline, aviation fuel or propane".
1989 GASOLINE TAX Bill 24
6. — (1) Subject to subsections (2) and (3). this Act shall be Commence-
deemed to have come into force on the 18th day of May, 1989. '"*'"
(2) Subsection 1 (1), subsection 2 (3) and section 5 shall be wem
deemed to have come into force on the 1st day of July, 1989
and apply in respect of propane purchased or delivered after
the 30th day of June, 1989.
(3) Subsections 1 (2) and (3) and sections 3 and 4 come into wem
force on a day to be named by proclamation of the Lieutenant
Gk)vernor. -Ah
7. The short title of this Act is the Gasoline Tax Amendment short title
Act, 1989.
Bill 24
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 24
(Chapter 45
Statutes of Ontario, 1989)
An Act to amend the Gasoline Tax Act
The Hon. B. Grandmaitre
Minister of Revenue
1st Reading May 17th, 1989
2nd Reading June 26th, 1989
3rd Reading July 26th, 1989
Royal Assent July 26th, 1989
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
Bill 24 1989
An Act to amend the Gasoline Tax Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. — (1) Clause 1 (d) of the Gasoline Tax Act, being chapter
186 of the Revised Statutes of Ontario, 1980, is amended by
striking out **or" at the end of subclause (iii), by repealing
subclause (iv) and by adding thereto the following subclauses:
(iv) ethanol, methanol or natural gas, or
(v) propane, except when used or intended to be used
in a motor vehicle licensed or required to be
licensed under the Highway Traffic Act. R so. i980,
(2) Clause 1 (e) of the said Act is repealed and the following
substituted therefor:
(e) "importer" means a person who brings or causes to
be brought into Ontario gasoline in bulk, aviation
fuel in bulk or propane in bulk.
(3) Section 1 of the said Act, as amended by the Statutes of
Ontario, 1985, chapter 24, section 1 and 1988, chapter 66, sec-
tion 1, is further amended by adding thereto the following
clauses:
(ba) "aviation fuel in bulk" means aviation fuel stored,
transported or transferred by any means other than
in a fuel tank of an aircraft or a motor vehicle in
which aviation fuel for generating power in an air-
craft or the motor vehicle is kept;
(da) "gasoline in bulk" means gasoline stored, trans-
ported or transferred by any means other than in a
Bill 24 GASOLINE TAX 1989
fuel tank of a motor vehicle in which gasoline for
generating power in the motor vehicle is kept;
(ga) "propane" means any product commonly known as
liquified petroleum gas that conforms to Grade 1 or
Grade 2, as described in the Standard
CAN/CGSB-3.14-M88 of the National Standards of
Canada as published by the Canadian General Stan-
dards Board or that conforms to such other liquified
petroleum gas standard as is published in replace-
ment thereof by the Canadian General Standards
Board and includes any substance added thereto;
(gb) "propane in bulk" means propane stored, trans-
ported or transferred by any means other than in a
fuel tank of a motor vehicle in which propane for
generating power in the motor vehicle is kept.
2. — (1) Subsection 2 (1) of the said Act, as re-enacted by
the Statutes of Ontario, 1985, chapter 24, section 2 and
amended by 1988, chapter 66, section 2, is repealed and the
following substituted therefor:
Tax on (X) Every purchaser of gasoline shall pay to the Treasurer,
gaso ine ^ ^^^ ^^ ^^^ ^^^^ ^^^
(a) 10.3 cents per litre on all gasoline purchased by, or
delivered to, the purchaser before the 1st day of
January, 1990; and
(b) 11.3 cents per litre on all gasoUne purchased by, or
delivered to, the purchaser after the 31st day of
December, 1989.
(2) Subsection 2 (2) of the said Act, as re-enacted by the
Statutes of Ontario, 1985, chapter 24, section 2, is amended by
striking out '^1.88'' in the second Hne and inserting in lieu
thereof *'2.1".
(3) Section 2 of the said Act, as amended by the Statutes of
Ontario, 1981, chapter 11, section 2, 1985, chapter 24, section
2 and 1988, chapter 66, section 2, is further amended by add-
ing thereto the following subsection:
Tax on (2b) Every purchaser of propane shall pay to the Treasurer,
propane ^^ ^^^ propane purchased by, or delivered to, the purchaser
for use in a motor vehicle licensed or required to be licensed
R.s o. 1980, under the Highway Traffic Act, a tax at the rate of,
1989
GASOLINE TAX
Bill 24
Collection
of tax
(a) 2.3 cents per litre on propane purchased or
delivered before the 1st day of January, 1990;
(b) 4.3 cents per litre on propane purchased or
delivered after the 31st day of December, 1989.
3. Section 4 of the said Act is repealed and the following
substituted therefor:
4. — (1) Every importer shall, at the times and in the man-
ner prescribed, collect from every wholesaler, retailer or pur-
chaser to whom the importer sells aviation fuel, gasoline or
propane, the tax collectable and payable under this Act and,
for that purpose, every importer is an agent of the Minister
for the collection of the tax imposed by this Act.
(2) Every importer who is a collector shall remit to the Transmission
Treasurer, at the time and in the manner prescribed, the tax
collectable and payable with respect to the aviation fuel,
gasoline and propane imported by that person.
(3) At the time of entry into Ontario from outside Canada Security
of aviation fuel, gasoline or propane, every importer who is
not a collector shall remit to the Treasurer,
(a) an amount as security equal to the tax that the
importer would be obliged to collect under sub-
section (1) on the resale in Ontario of the aviation
fuel, gasoline or propane; and
(b) the tax payable by the importer under subsection
2(1).
(4) The remittance required by subsection (3) shall be Payment
made to a person authorized by the Minister for forwarding to
the Treasurer by certified cheque or money order, payable to
the Treasurer.
(5) Every importer shall, at the times and in the manner Returns
prescribed, deliver to the Minister or to a person authorized
by the Minister a return with respect to the aviation fuel,
gasoline and propane imported by the importer.
4. The said Act is amended by adding thereto the following
section:
16a. — (1) Every person carrying aviation fuel in bulk, F"ei in bulk
gasohne in bulk or propane in bulk and the operator of every
motor vehicle carrying such products, shall, when requested
by the Minister or any person authorized by the Minister, give
Bill 24
GASOLINE TAX
1989
written evidence to the requester of any or all of the following
information,
(a) the name and address of any person from whom the
aviation fuel, gasoline or propane was obtained and
the name and address of any person to whom the
aviation fuel, gasoline or propane so obtained was
delivered or is to be delivered;
(b) the quantity of aviation fuel, gasoline or propane
delivered or to be delivered to any person;
(c) the use or intended use, if known, to be made of
any aviation fuel, gasoline or propane delivered or
to be delivered from such motor vehicle.
Detention
Time
Liability
(2) The Minister or a person authorized by the Minister
may detain a motor vehicle carrying aviation fuel in bulk,
gasoline in bulk or propane in bulk where,
(a) written evidence requested under subsection (1) is
not given;
(b) the information in the written evidence that is given
is false; or
(c) the importer fails to comply with section 4 or fails
to deliver any return in accordance with section 4.
(3) The Minister or a person authorized by the Minister
may detain a motor vehicle under subsection (2) until the
written evidence is given, the true information is given, the
remittance required under section 4 is delivered or the return
in accordance with section 4 is delivered, as the case requires.
(4) During any detention under subsection (2), the Crown,
or any person acting in the administration and enforcement of
this Act, is not liable for any damages to the motor vehicle, its
contents, cargo or freight, or to its owner or driver or other-
wise that may occur or be alleged to occur by reason of the
detention of the motor vehicle pending compliance with
section 4 and subsection (1).
5. Clauses 1 (e), (h), (j) and (1), subsections 2 (4), 3 (1),
4 (1), 4 (2), 6 (1), 6 (2), 6 (3) and 6 (4), clause 7 (1) (b), subsec-
tions 10 (2) and 20 (2), section 31 and clause 32 (2) (b) of the
said Act are amended by striking out *' gasoline or aviation
fuel" wherever that expression occurs and inserting in lieu
thereof in each instance ^'gasoline, aviation fuel or propane".
1989 GASOLINE TAX Bill 24
6.— (1) Subject to subsections (2) and (3), this Act shall be commence-
deemed to have come into force on the 18th day of May, 1989. "*"'
(2) Subsection 1 (1), subsection 2 (3) and section 5 shall be i^^™
deemed to have come into force on the 1st day of July, 1989
and apply in respect of propane purchased or delivered after
the 30th day of June, 1989.
(3) Subsections 1 (2) and (3) and sections 3 and 4 come into w«™
force on a day to be named by proclamation of the Lieutenant
Governor.
7. The short title of this Act is the Gasoline Tax Amendment Short title
Act, 1989.
BiU 25 Private Member's BUI
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 25
An Act to protect and enhance the
Quality of Drinking Water in Ontario
Mrs. Grier
1st Reading May 18th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
The Bill is intended to protect and enhance drinking water quality in Ontario.
It provides opportunities for public involvement in the making of regulations to set
maximum permissible levels for contaminants and other substances in drinking water.
These regulations would apply to both public and private water systems.
The operator of a public water system is required to monitor water quality regularly
and notify the users of the system as well as the Minister of the Environment of the
results. Any user of a private water system may have the water tested by the Ministry of
the Environment.
It is an offence for the operator of a public water system to provide water which
contravenes the regulations or to fail to comply with monitoring and notice requirements.
It is an offence for anyone to pollute a public or private water system.
The Bill permits water users to sue to recover damages for contraventions of the Act
and gives any person standing to seek judicial review against the Minister of the Environ-
ment.
The Minister is authorized to commission research into matters related to drinking
water quality and an advisory council is created to assist the Minister.
Bill 25 1989
An Act to protect and enhance the
Quality of Drinking Water in Ontario
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. In this Act, Definitions
"Board" means the Water Review Board;
"contaminant" means any biological, chemical or physical
agent or combination thereof prescribed as a contaminant;
"Gazette" means The Ontario Gazette;
"Minister" means the Minister of the Environment;
"prescribed" means prescribed by the regulations;
"private water system" means any water system that has fewer
than fifteen service connections or regularly serves fewer
than twenty-five individuals;
"public water supplier" means a person who operates a public
water system;
"public water system" means any water system that has fifteen
or more service connections or regularly serves twenty-five
or more individuals;
"substance" means anything that affects the odour, appear-
ance or taste of drinking water and is prescribed as a sub-
stance;
user", when used in connection with a water system or pub-
lic water supplier, means a person who obtains water from
the system or suppHer;
2 Bill 25 ONTARIO SAFE DRINKING WATER 1989
"water system" means any works for the collection, supply
and distribution of water that may be used as drinking
water.
Purpose 2. The purpose of this Act is the protection and enhance-
ment of drinking water quality throughout Ontario.
DUTIES OF SUPPLIERS
Duties of 3, Every public water supplier shall,
supplier
(a) conduct complete water tests in accordance with the
regulations, monthly or more frequently as may be
prescribed by regulation, to establish contaminant
and substance levels and compHance with prescribed
standards;
(b) promptly publish the results of all tests conducted
under clause (a) in a newspaper that is published in
the community where the supplier's regular users
reside;
(c) supply the results of all tests conducted under clause
(a) to every user together with the regular water
bill;
(d) promptly report the results of all tests conducted
under clause (a) to the Minister;
(e) keep full records of all tests conducted under clause
(a) and make them available to any person upon
request;
(f) where a test reveals that maximum permitted con-
taminant levels or maximum permitted substance
levels are exceeded or prescribed standards are not
adhered to,
(i) take immediate steps to cause the water to
comply with this Act and the regulations, and
(ii) make an alternate supply of safe drinking
water available to all users until the main sup-
ply complies with this Act and the regulations.
PUBLIC INVOLVEMENT IN REGULATION-MAKING
re ufations ^'—(^) Th® Minister shall within 180 days after the day
concerning this Act comes into force publish in the Gazette a notice set-
contaminants
1989
ONTARIO SAFE DRINKING WATER
Bill 25
ting forth proposed regulations under clause 14 (2) (b) and
calling for briefs and submissions in connection therewith.
(2) Any person may within ninety days after the publication objection
of a notice under subsection (1) or (6) require the Board to
hold a hearing into any of the proposed regulations by deliver-
ing a notice of objection to the Board.
(3) The Board shall hold any hearing required under sub- Hearing
section (2) expeditiously and may consoHdate any such hear-
ings where common issues are raised.
(4) Upon completion of all hearings under subsection (2), Report
the Board shall report its findings and conclusions to the Min-
ister and shall provide a copy of the report to every person
who delivered a notice of objection under subsection (2).
(5) Regulations under clause 14 (2) (b) shall come into Effective
force on or before a day fifteen months after the coming into
force of this Act.
(6) Before further regulations are made or existing regu-
lations are revoked or amended under clause 14 (2) (b), the
Minister shall publish in the Gazette a notice setting forth the
proposed regulations and calling for briefs and submissions in
connection therewith.
Further
regulations
5.— (1) The Minister shall within 240 days after the day J^'^^^jj^^j^^
this Act comes into force publish in the Gazette a notice set- concem?ng
ting forth proposed regulations under clause 14 (2) (c) and substances
calling for briefs and submissions in connection therewith.
(2) Regulations under clause 14 (2) (c) shall come into Effective
force on or before a day fifteen months after the coming into
force of this Act.
(3) Before further regulations are made or existing regu- Further
lations are revoked or amended under clause 14 (2) (c), the ""^^"^^'""^
Minister shall publish in the Gazette a notice setting forth the
proposed regulations and calling for briefs and submissions in
connection therewith.
OFFENCES
6. — (1) No public water supplier shall cause or permit to JjjPPf^y'"^
be supplied to users, water^
(a) water containing any contaminant that exceeds the
applicable maximum permitted level; or
Bill 25
ONTARIO SAFE DRINKING WATER
1989
(b) water containing any substance that contravenes a
prescribed standard or exceeds the applicable maxi-
mum permitted level.
Polluting
water
system
(2) No person shall deposit in, add to, emit or discharge
into a public water system or a private water system any con-
taminant or substance so as to cause the water to exceed the
maximum permitted level for the contaminant or substance or
to contravene a prescribed standard.
Penalties
7. Any person who contravenes this Act or the regulations
is guilty of an offence and on conviction is Uable to,
(a) in the case of a contravention of section 6 that
relates to a contaminant, a fine not exceeding
$50,000; and
(b) in the case of any other contravention, a fine not
exceeding $25,000.
PRIVATE REMEDIES
Action for
damages
Judicial
review
8. — (1) Any person may, by action, recover damages
caused by a contravention of this Act or the regulations from
the person who committed the contravention.
(2) Any person may apply for judicial review of the Minis-
ter's exercise or non-exercise of any power or fulfilment or
non-fulfilment of any duty conferred or imposed on the Minis-
ter by this Act, whether or not the person applying is specially
affected or has suffered special damages.
WATER REVIEW BOARD AND WATER ADVISORY COUNCIL
Water
Review
Board
established
9. — (1) The Water Review Board is hereby established
and shall consist of not fewer than five persons appointed by
the Lieutenant Governor in Council, who shall hold office
during pleasure and none of whom shall be members of the
public service.
Chairman
and vice-
chairman
Quorum
(2) The Lieutenant Governor in Council may appoint one"
of the members of the Board as chairman and another of the
members as vice-chairman.
(3) Three members of the Board constitute a quorum.
I
Remuneration
(4) The members of the Board may be paid such remunera-
tion and expenses as the Lieutenant Governor in Council from
time to time determines.
1989 ONfTARIO SAFE DRINKING WATER Bill 25 5
(5) The chairman may authorize one member of the Board on^ member
to conduct a hearing by the Board and the member has all the 5iSg" "^^
powers of the Board for the purpose of the hearing.
(6) The report of such member may be adopted as the deci- Report
sion of the Board by two other members of the Board, one of
whom shall be the chairman or vice-chairman or may be
otherwise dealt with as the Board considers proper.
10. — (1) The Water Advisory Council is hereby estab- water
lished and shall consist of not fewer than ten and not more coundP
than fifteen persons appointed by the Lieutenant Governor in established
Council, each to hold office for a term of not more than three
years.
(2) The Lieutenant Governor in Council may appoint one chairman
of the members of the Council as chairman and another of the irSan
members as vice-chairman.
(3) The composition of the Council shall be such as to pro- Members
vide for competent and knowledgeable persons in matters
relating to drinking water quality.
(4) A retiring member of the Council is eligible for reap- Reappoim-
pointment. '"^"'^
(5) The members of the Council may be paid such remun- Remuneration
eration and expenses as the Lieutenant Governor in Council
from time to time may determine.
11. The Water Advisory Council, through its chairman, Duties of
shall, ^°"""'
(a) advise the Minister as to the results of current
research related to,
(i) drinking water quality, and
(ii) contaminants and substances and their effects;
and
(b) consider any matter affecting drinking water quality
that the Council or the Minister considers advisable
and advise the Minister thereon.
STUDIES
12. The Minister shall cause research to be conducted Research
into,
Bill 25
ONTARIO SAFE DRINKING WATER
1989
(a) the causes, diagnosis, treatment, control and pre-
vention of health effects associated with contami-
nants or substances;
(b) the quality, quantity and availability of private
water supplies;
(c) the sources of surface and ground water contamina-
tion; and
Testing of
private
water
system
Regulations
Idem
Commence-
ment
(d) methods of treating or purifying drinking water.
13. The Minister shall, at the request of any user of a pri-
vate water system, cause the water to be tested in accordance
with the regulations to establish contaminant and substance
levels and comphance with prescribed standards.
14. — (1) The Lieutenant Governor in Council may make
such regulations as are advisable to protect and enhance
drinking water quality throughout Ontario.
(2) Without limiting the generality of subsection (1), the
Lieutenant Governor in Council may make regulations,
(a) designating any biological, chemical or physical
agents or combinations thereof as contaminants and
prescribing maximum permissible contaminant lev-
els;
(b) designating anything as a substance, prescribing
standards for substances in water and prescribing
maximum permissible substance levels;
(c) respecting procedures for water tests to be con-
ducted under clause 3 (a) and section 13;
(d) prescribing greater frequencies than monthly for
water tests to be conducted under clause 3 (a) and
prescribing the circumstances under which such
more frequent tests shall be conducted.
15. This Act comes into force on the day it receives Royal
Assent.
Short title
16. The short title of this Act is the Ontario Safe Drinking
Water Act, 1989.
Bill 26 Private Member's Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 26
An Act to amend the
Health Protection and Promotion Act, 1983
Mrs. Grier
1st Reading May 18th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTE
The purpose of the Bill is to prohibit the sale of irradiated food and food which con-
tains ingredients which have been irradiated.
Bm26 1989
An Act to amend the
Health Protection and Promotion Act, 1983
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. The Health Protection and Promotion Act, 1983 ^ being
chapter 10, is amended by adding thereto the following section:
17a. — (1) In this section, Definition
"ionizing radiation" means,
(a) gamma radiation from a Cobalt-60 or Cesium- 137
source,
(b) X-rays generated from a machine operated at or
below an energy level of 5 MeV,
(c) electrons generated from a machine operated at or
below an energy level of 10 MeV, and
(d) such other radiation as is designated by regulation.
(2) No person shall sell or offer for sale any food which has Saie of
been treated with ionizing radiation, food'^ ^
(3) No person shall sell or offer for sale any food which idem
contains any ingredient that has been treated with ionizing
radiation.
2. Subsection 95 (1) of the said Act is amended by adding
thereto the following clause:
(da) designating levels and types of radiation for the
purposes of section 17a.
3. Subsection 99 (3) of the said Act is repealed and the
following substituted therefor:
Bill 26
HEALTH PROTECTION & PROMOTION
1989
Offence,
sections of
Act
Commence-
ment
Short title
(3) Any person who contravenes section 16, 17, 17a, 18, 20,
38 or 39, subsection 40 (9), subsection 41 (1), subsection
73 (2) or section 104 is guilty of an offence.
4. This Act comes into force on tlie day it receives Royal
Assent.
5. The short title of this Act is the Health Protection and
Promotion Amendment Act, 1989.
Bill 27
Private Member's Bill
2nd session, 34th LEGISLATURE, ONTARIO
38 ELIZABETH II, 1989
Bill 27
An Act to designate an Avian Emblem for Ontario
Mr. Ballinger
1st Reading May 23rd, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTE
The Bill would adopt the common loon as the avian emblem of Ontario.
Bill 27 1989
An Act to designate an Avian Emblem for Ontario
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. The bird known as the common loon {Gavia immer) is ^^i^n
adopted as and shall be deemed to be the avian emblem of onS °^
the Province of Ontario.
2. This Act comes into force on the day it receives Royal commence-
Assent.
3. The short title of this Act is the Avian Emblem Act, short title
1989.
Bill 28 Private Member's Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 28
An Act to amend the
Employment Standards Act
Mr. Johnston
(Scarborough West)
1st Reading May 25th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
The purpose of the Bill is to amend the pregnancy leave provision of the Act and to
add provisions regarding paternity leave and adoption leave. The amendments are
intended to permit employees in Ontario to take advantage of the proposed expanded
parental benefits under federal unemployment insurance legislation.
SECTION 1. Changes the heading under Part XI of the Act from "Pregnancy Leave" to
"Parental Leave" to reflect the inclusion in Part XI of paternity leave and adoption leave
provisions.
SECTION 2. Divides section 35 of the Act into two subsections for greater clarity. The
prohibition against an employer dismissing an employee who is entitled to leave is
expanded to cover all types of leave under Part XI of the Act.
SECTION 3. — Subsection 1. Amends the pregnancy leave provision in subsection 36 (1)
by reducing the minimum period of employment required for eligibility for leave from
twelve months and eleven weeks to six months.
Subsection 2. New subsection 36 (3a) is added to clarify when the pregnancy leave may
commence. The provision provides that an employee may, in her notice to the employer,
specify any day within the eleven-week period immediately preceding the estimated day
of her delivery, regardless of whether the actual date of her delivery is before or after
the estimated day of her delivery. The provision is intended to provide flexibility in situa-
tions where the child is bom earlier than the estimated day of delivery.
SECTION 4. New section 37a provides that an employee entitled to pregnancy leave
under section 36 or 37 is entitled to a further leave of twelve weeks, subject to the limi-
tation set out in new section 37c.
New section 37b provides for a period of paternity leave of twelve weeks, subject to
the limitation set out in new section 37c.
New section 37c provides that the aggregate amount of leave of absence that may be
taken by any two employees under sections 37a and 37b in respect of the birth of any
one child shall not exceed fourteen weeks. Subject to this limitation, the mother and
father of a child are to decide how they will use the periods of leave available under sec-
tions 37a and 37b.
New section 37d provides for a period of adoption leave of twelve weeks. This is
subject to the limitation that the aggregate amount of leave of absence that may be taken
by any two employees under the section in respect of the adoption of any one child shall
not exceed fourteen weeks.
SECTION 5. Section 38 of the Act is rewritten to include references to both male and
female employees.
UU28
1989
An Act to amend the
Employment Standards Act
iR MAJESTT, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. The heading immediately preceding section 35 of the
Employment Standards Act, being chapter 137 of the Revised
Statutes of Ontario, 1980, is struck out and the following sub-
stituted therefor:
PART XI
PARENTAL LEAVE
2. Section 35 of the said Act is repealed and the following
substituted therefor:
35. — (1) Subject to subsection (2), no employer shall ter-
minate the employment of or lay off an employee who is enti-
tled to a leave of absence under this Part.
Prohibition
(2) An employer may require an employee who is pregnant Employer
to commence a leave of absence under section 36 at such time ^mmence-^
as the duties of her position cannot reasonably be performed ment of
by a pregnant woman or the performance of her work is mate- f/a^^"*^^
rially affected by the pregnancy.
3. — (1) Subsection 36 (1) of the said Act is repealed and the
following substituted therefor:
(1) An employee who is pregnant and who has been
employed by her employer for a period of at least six months
immediately preceding the estimated day of her delivery,
whether such employment commenced before or after the
coming into force of this subsection, shall be entitled upon her
application therefor to a leave of absence of at least seventeen
weeks from her employment or such shorter leave of absence
as the employee may request commencing during the period
Pregnancy
leave
Bill 28
EMPLOYMENT STANDARDS
1989
When
pregnancy
leave may
commence
Further leave
Notice
Leave may
be shortened
Special
entitlement
to leave
Paternity
leave
of eleven weeks immediately preceding the estimated day of
her delivery.
(2) Section 36 of the said Act is amended by adding thereto
the following subsection:
(3a) In giving notice under subsection (3), an employee
may specify any day within the period of eleven weeks imme-
diately preceding the estimated day of her delivery, regardless
of whether the actual date of her delivery is before or after
the estimated day of her delivery.
4. The said Act is further amended by adding thereto the
following sections:
37a. — (1) Subject to section 37c, an employee entitled to
a leave of absence under section 36 or 37 shall be entitled
upon her application therefor to a further leave of absence of
at least twelve weeks from her employment or such shorter
leave of absence as the employee may request commencing, as
the employee elects,
(a) on the expiry of any leave of absence from employ-
ment taken by her under section 36 or 37; or
(b) on the day the child comes into her actual care and
custody.
(2) The employee shall give her employer two weeks notice
in writing of the day upon which she intends to commence her
leave of absence under subsection (1).
(3) An employee may, with the consent of her employer,
shorten the duration of the leave of absence requested under
subsection (1).
(4) An employee who fails to comply with subsection (2)
shall nevertheless be entitled, upon application to her
employer therefor, to the leave to which she is entitled under
subsection (1) or such portion of it as has not yet expired at
the time the application is made.
37b. — (1) Subject to section 37c, an employee who has
become the father of a child and who has been employed by
his employer for a period of at least six months, whether such
employment commenced before or after the coming into force
of this subsection, shall be entitled upon his application there-
for to a leave of absence of at least twelve weeks from his
employment or such shorter leave of absence as the employee
may request commencing, as the employee elects, .
1989
EMPLOYMENT STANDARDS
Bill 28
(a) on the day the child is bom;
(b) after the birth of the child but during, or on the
expiry of, any leave of absence from employment
taken under this Act, an Act of the Parliament of
Canada or any other Legislature, or any collective
agreement, by a female employee in respect of the
child; or
(c) on the day the child comes into his actual care and
custody.
(2) The employee shall give his employer two weeks notice Notice
in writing of the day upon which he intends to commence his
leave of absence.
(3) An employee may, with the consent of his employer, Leave may
shorten the duration of the leave of absence requested under
subsection (1).
(4) An employee who fails to comply with subsection (2) Special
cntitlctncnt
shall nevertheless be entitled, upon application to his to leave
employer therefor, to the paternity leave to which he is enti-
tled under subsection (1) or such portion of it as has not yet
expired at the time the application is made.
37c. The aggregate amount of leave of absence from Limit on
employment that may be taken by any two employees under fe^a^ve^by^two
sections 37a and 37b in respect of the birth of any one child employees
shall not exceed fourteen weeks.
37d. — (1) Subject to subsection (5), an employee who has Adoption
adopted a child under the law of any province and who has
been employed by his or her employer for a period of at least
six months, whether such employment commenced before or
after the coming into force of this subsection, shall be entitled
upon his or her application therefor to a leave of absence of at
least twelve weeks from his or her employment or such
shorter leave of absence as the employee may request com-
mencing, as the employee elects,
(a) on the day the child comes into the employee's
actual care and custody;
(b) at any time during, or on the expiry of, any leave of
absence from employment taken under this Act, an
Act of the Parliament of Canada or any other Legis-
lature, or any collective agreement, by any other
person in respect of the child; or
Bill 28
EMPLOYMENT STANDARDS
1989
(c) at any time during the ninety days immediately fol-
lowing the day on which the child comes into the
employee's actual care and custody.
Notice
(2) The employee shall give his or her employer two weeks
notice in writing of the day upon which he or she intends to
commence the leave of absence.
Leave may (3) An employee may, with the consent of his or her
be shortened ^jj^pj^ygj.^ shortcu the duration of the leave of absence
requested under subsection (1).
Special
entitlement
to leave
(4) An employee who fails to comply with subsection (2)
shall nevertheless be entitled, upon application to his or her
employer therefor, to the adoption leave to which he or she is
entitled under subsection (1) or such portion of it as has not
yet expired at the time the application is made.
Limit on (5) The aggregate amount of leave of absence from
adlptfon^ employment that may be taken by any two employees under
leave by two this scction iu respcct of the adoption of any one child shall
employees ^^^ Qxcecd fourteen weeks.
5. Section 38 of the said Act is repealed and the following
substituted therefor:
Reinstate-
ment and
preservation
of seniority
38. — (1) An employee who intends to resume his or her
employment on the expiration of a leave of absence grantee
under this Part shall so advise his or her employer and on the
employee's return to work the employer shall reinstate the
employee to his or her position or provide the employee with
alternative work of a comparable nature at not less than'^is oi
her wages at the time the leave of absence began and withou
loss of seniority or benefits accrued to the commencement o:
the leave of absence.
Idem
(2) Where the employer has suspended or discontinuec
operations during the leave of absence and has not resumed
operations upon the expiry thereof, the employer shall, upon
resumption of operations, reinstate the employee to his or her
employment or to alternate work in accordance with an estab-
lished seniority system or practice of the employer in existence
at the time the leave of absence began with no loss of senior-
ity or benefits accrued to the commencement of the leave of
absence, and in the absence of such a system or practice shall
reinstate the employee in accordance with subsection (1).
1989 EMPLOYMENT STANDARDS Bill 28 t
6. This Act comes into force on the day it receives Royal commence-
Assent. ">«"*
7. The short title of this Act is the Employment Standards Short title
Amendment Act, 1989.
BUI 29
Private Member's Bill
2nd session, 34th LEGISLATURE, ONTARIO
38 ELIZABETH II, 1989
Bill 29
An Act to amend the
Teachers' Superannuation Act, 1983
Mr. Cureatz
1st Reading
2nd Reading
3rd Reading
Royal Assent
May 29th, 1989
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTE
The Bill amends the Act to add a provision permitting a refund of pension contribu-
tions to be made to the personal representative of a deceased contributor where the
spouse or child of the contributor cannot be found. The provision authorizes the Teach-
ers' Superannuation Commission to make such a refund if it is satisfied that reasonable
inquiries have been made to find the spouse or child and more than one year has passed
since the death of the contributor. The provision is similar to section 37 of the Public
Service Superannuation Act.
BiU29 1989
An Act to amend the
Teachers' Superannuation Act, 1983
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. The Teachers' Superannuation Act, 1983, being chapter
84, is amended by adding thereto the following section:
47a. — (1) If a spouse or child of a person who was Refund to
employed in education and has died cannot be found and the represen-
Commission is satisfied that reasonable inquiries have been tative where
made to find the spouse or child and more than one year has cff^ ^'^
passed since the death, the Commission may, despite any cannot
other provision of this Act, direct that the refund that would ^ ^°""*^
be payable out of the Fund under section 47 to the personal
representative had the person died leaving no spouse and no
child be paid to the personal representative upon such terms
and conditions as the Commission directs.
(2) If a spouse or child referred to in subsection (1) is sub- where
sequently found and a claim is made for any amount payable cwmat^e^r
under this Act, the Commission may direct that the amount, found
less any refund paid under subsection (1), be paid to the
spouse or child, as the case may be.
2. This Act comes into force on the day it receives Royal commence-
Assent. ™"'
3. The short title of this Act is the Teachers' Superannua- Short title
Hon Amendment Act, 1989.
Bill 30 Government Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 30
An Act respecting
Funeral Directors and Establishments
The Hon. W. Wrye
Minister of Consumer and Commercial Relations
1st Reading June 12th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
The Funeral Directors and Establishments Act, 1989 replaces the Funeral Services Act
and the Prearranged Funeral Services Act.
Some features of the Bill are as follows:
1. Funeral establishments, funeral directors and transfer services will be licensed
by the Board of Funeral Services (the Board).
2. The Board will report to the Ministry of Consumer and Commercial Relations.
3. The Board will continue to consist of funeral directors and lay people
appointed by the Lieutenant Governor in Council.
4. The Board is responsible for the education, licensing and discipline of funeral
directors, funeral establishments and transfer services.
5. Decisions of the Board may be appealed to The Commercial Registration
Appeal Tribunal (CRAT).
6. An individual who meets the requirements of the Act will be licensed as a
funeral director in one of two categories, those who perform embalming and
those who choose not to perform embalming.
7. Embalming, visitation or the arranging of a funeral is only available to the pub-
lic through a licensed funeral establishment.
8. A funeral establishment must be managed and directly supervised by a licensed
funeral director.
9. A transfer service may only provide for the removal, transportation or delivery
of remains and the filing of necessary documentation. A transfer service need
not be under the direction of a licensed funeral director.
10. The Bill also provides for inspections, freezing of assets, appointment of receiv-
ers and managers and restraining and cease and desist orders.
11. Telephone and door-to-door solicitation for the sale of funeral services or sup-
plies is prohibited.
12. The Bill provides for regulations to deal with itemized price lists and consumer
information.
13. The regulations also provide authority to prohibit funeral establishments from
being located on or operated in connection with cemeteries or crematoria.
14. Funeral establishments and transfer services will be required under the regu-
lations to contribute to a compensation fund to compensate consumers in the
event of a defalcation.
15. A board of trustees will administer the compensation fund.
16. All moneys received for a prepaid funeral will be held together with income
accrued in trust for the beneficiary until it is dispersed in accordance with the
Act.
17. All prepaid contracts may be cancelled at any time prior to the services being
delivered. If the contract is cancelled within thirty days of signing, no adminis-
tration fee may be charged.
Bill 30 1989
An Act respecting
Funeral Directors and Establishments
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. In this Act, Definitions
"beneficiary" means a person for whom funeral services or
supplies, or both, are to be provided under a contract or
prepaid contract;
"Board" means the Board of Funeral Services;
"cemetery" means a cemetery within the meaning of the i989, c. ...
Cemeteries Act, 1989;
"Compensation Fund" means the Prepaid Funeral Services
Compensation Fund established under the regulations;
"contract" means an agreement wherein a person provides or
agrees to provide funeral services or supplies, or both, and
includes prepaid contracts;
"depository" means a chartered bank, loan or trust company.
Province of Ontario Savings Office or a credit union as
defined in the Credit Unions and Caisses Populaires Act: R s.o. i980,
-^ ' c. 102
"Director" means a director appointed under the Ministry of Rso. i980,
Consumer and Commercial Relations Act; ^' ^^"^
"disbursements" means payments actually made by a funeral
director or a person who operates a funeral establishment
on behalf of a purchaser of funeral services or supplies, or
both;
"embalming" means the preservation and disinfection of all or
part of a dead human body by any means other than by
refrigeration;
2 Bill 30 FUNERAL DIRECTORS & ESTABLISHMENTS 1989
"equity share" means a share of a class of shares that carries a
voting right either under all circumstances or under some
circumstances that have occurred and are continuing;
"funeral" means a rite or ceremony in connection with the
death of a person where the body is present;
"funeral director" means an individual who provides or
directs the providing of funeral services;
"funeral establishment" means premises where funeral ser-
vices are supplied;
"funeral services" means the care and preparation of dead
human bodies and the co-ordination of rites and ceremo-
nies with respect to dead human bodies, but does not
include services provided by a cemetery owner under the
1989, c. ... Cemeteries Act, 1989;
"funeral suppUes" means goods that are used in connection
with the care and preparation of dead human bodies or the
disposition of dead human bodies;
"income" means the interest or money earned, including the
compounding thereof, by the investment of funds received
under a prepaid contract;
"licence" means a licence issued under this Act anc
"licensed" has a corresponding meaning;
"Minister" means the Minister of Consumer and Commercia
Relations;
"prearrangement" means an arrangement for the provision oi
specific funeral services, supplies or transportation of
dead human body on the death of a person who is alive at
the time the arrangement is made;
"prepaid contract" means an agreement whereby a person
contracts with a purchaser to provide or make provision for
funeral services, funeral supplies, or both, or for the trans-
portation of a dead human body, including disbursements,
upon the death of a beneficiary, if any payment for the
contract is made prior to the death of the beneficiary or the
purchaser enters into an insurance contract or plan under
which a licensee is to receive directly or indirectly the pro-
ceeds of the insurance policy upon the death of the benefi-
ciary;
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30
"prepayment" means the payment or the guarantee of a pay-
ment pursuant to a prepaid contract;
"prepayment funds" means the money deposited in trust
under the provisions of this Act and the income therefrom
and includes the proceeds of an insurance policy received
by a Hcensee;
"prescribed" means prescribed by the regulations;
"Registrar" means the Registrar of the Board;
"regulations" means regulations made under this Act;
"transfer service" means a service to the public with respect
to the disposition of dead human bodies, including the
transportation of dead human bodies and the fiUing out of
the necessary documentation with respect to the disposition
of dead human bodies;
"Tribunal" means The Commercial Registration Appeal
Tribunal.
2. — (1) There shall be a Registrar appointed by the Board Registrar
for the purposes of this Act.
(2) The Registrar may exercise the powers and shall per- Powers of
form the duties conferred or imposed on the Registrar by or
under this Act under the supervision of the Board.
Registrar
(3) The Registrar shall maintain one or more registers in Registers
which is entered every person who is licensed under this Act,
identifying the conditions and limitations attached to the
licence, and shall note on the register every revocation, sus-
pension and cancellation or termination of a licence and such
other information as the DiscipHne Committee directs.
(4) Any person has the right, during normal business hours, inspection
to inspect the registers maintained by the Registrar.
(5) The Registrar shall provide to any person, upon pay- Copies
ment of a reasonable charge therefor, a copy of any part of
the registers maintained by the Registrar.
3. — (1) The Board of Funeral Services, a body corporate, Boa^d
is continued as a corporation without share capital.
(2) The principal object of the Board is to regulate the Principal
practices of funeral directors and persons who operate funeral ° ^^"^
estabUshments and transfer services in accordance with this
4 Bill 30 FUNERAL DIRECTORS & ESTABLISHMEhTTS 1989
Act, the regulations and the by-laws in order that the public
interest may be served and protected.
Additional (3) Por the purpose of carrying out its principal object, the
o jects Board has the following additional objects:
1. To establish, maintain and develop standards of
knowledge and skill among funeral directors and
persons who operate funeral estabUshments and
transfer services.
2. To establish, maintain and develop standards of
qualification and standards of practice for funeral
directors and persons who operate funeral establish-
ments and transfer services.
3. To establish, maintain and develop standards of
professional ethics among funeral directors and per-
sons who operate funeral establishments and trans-
fer services.
4. To administer the Compensation Fund.
5. To oversee and inspect trust accounts that funera
establishments and transfer services are required b;
law to establish or maintain.
6. To mediate complaints between consumers am
licensees.
7. To establish and develop standards for funera
establishments.
8. To perform such other duties and exercise sucl
other powers as are imposed or conferred on th<
Board by or under any Act.
Capacity and (4) por the purpose of Carrying out its objects, the Boar<
fiSard^ ° has the capacity and the powers of a natural person.
Duties of (5) The Board shall,
Board
(a) review the operation of this Act and the regulation
and make recommendations to the Minister there-
on;
(b) approve or set courses of study and examinations
for the qualification of applicants for licences; and
(c) carry out such duties as are prescribed. -f
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
4. — (1) The Board shall be composed of the following Composition
members appointed by the Lieutenant Governor in Council:
1. A prescribed number of funeral directors, one of
whom,
i. is not licensed to operate a funeral establish-
ment,
ii. is not a director of a corporation that is
licensed to operate a funeral establishment, or
iii. does not direct the operation of a funeral
establishment.
2. A prescribed number of persons who are not
funeral directors.
(2) The members of the Board shall be appointed to hold Term of
office for a term not exceeding three years and may be reap-
pointed for further successive terms, but shall not be
appointed or reappointed for more than six successive years.
(3) A vacancy on the Board caused by the death, resigna- vacancy
tion, removal or incapacity to act of a member may be filled
by the appointment by the Lieutenant Governor in Council of
a person to hold office for the unexpired portion of the term
of office of such member.
(4) Five members of the Board, at least two of whom shall Quorum
be members appointed under paragraph 2 of subsection (1),
constitute a quorum.
(5) The Board shall appoint a chairperson and vice-chair- officers
person and such other officers as are considered necessary
from among the members of the Board.
(6) The members of the Board,
(a) appointed under paragraph 1 of subsection (1) shall
be paid by the Board such expenses and remunera-
tion as are prescribed; and
Expenses and
remuneration
of members
of Board
(b) appointed under paragraph 2 of subsection (1) shall
be paid, out of the moneys appropriated therefor by
the Legislature, such expenses and remuneration as
are determined by the Lieutenant Governor in
Council.
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTTS
1989
Staff (7) The Board may employ such employees and retain such
assistance as is necessary to perform the work of the Board
and may determine their salary, remuneration and terms and
conditions of employment.
Meetings of
Board
(8) The Board shall meet at least four times a year.
Continuation (^9) xhc members of the Board who were in office immedi-
members ^tcly before the coming into force of this Act are continued in
office until the expiration of their terms or until their offices
otherwise become vacant.
Annual
report
(10) The Board shall deliver to the Minister each year an
annual report on the affairs of the Board and on the operation
of the Compensation Fund.
Idem
(11) The Minister shall submit the annual report to the
Lieutenant Governor in Council and shall then lay the report
before the Assembly if it is in session or, if not, at the next
session.
Powers of
Minister
5. The Minister may, in addition to any other powers and
duties conferred on the Minister by or under any Act,
(a) review the activities of the Board;
(b) request the Board to undertake activities that, in
the opinion of the Minister, are necessary and
advisable to carry out the intent of this Act;
(c) advise the Board with respect to the implementa-
tion of this Act and the regulations and with respect
to the methods used or proposed to be used by the
Board to implement policies and to enforce its
by-laws and procedures.
By-laws 5, — (1) The Board may pass by-laws relating to the admin-
istrative and domestic affairs of the Board not inconsistent
with this Act and the regulations and, without limiting the
generality of the foregoing,
1. specifying the seal of the Board;
2. providing for the execution of documents by the
Board;
I
3. respecting banking and finance;
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 7
4. fixing the financial year of the Board and providing
for the audit of the accounts and transactions of the
Board;
5. respecting the calling, holding and conducting of
meetings of the Board and committees of the Board
and the duties of members of the Board and com-
mittees of the Board;
6. providing for a code of ethics;
7. delegating to the Executive Committee such powers
and duties of the Board as are set out in the by-
laws, other than the power to make, amend or
revoke regulations and by-laws;
8. respecting the calling, holding and conducting of
meetings of licensees;
9. providing for the use of forms;
10. providing procedures for the making, amending and
revoking of the by-laws;
11. respecting management of the property of the
Board;
12. providing for the appointment, composition, powers
and duties of committees in addition to those com-
mittees established under subsection 7 (1);
13. respecting the application of the funds of the Board
and the investment and reinvestment of any of its
funds not immediately required, and for the safe-
keeping of its securities;
14. respecting membership of the Board in other organ-
izations, the payment of annual assessments and
provision for representatives at meetings;
15. respecting the appointment of inspectors by the
Registrar for the purposes of this Act;
16. providing for meetings of the Board and commit-
tees, except in a proceeding in respect of a licence,
by means of conference telephone or other commu-
nications equipment by means of which all persons
participating in the meeting can hear each other,
and a member of the Board or committee partici-
pating in a meeting in accordance with such by-law
8 Bill 30 FUNERAL DIRECTORS & ESTABLISHMENTS 1989
shall be deemed to be present in person at the
meeting;
17. providing that the Board or a committee may act
upon a resolution consented to by the signatures of
all members of the Board or the committee except
in a proceeding in respect of a licence, and a resolu-
tion so consented to in accordance with such a by-
law is as valid and effective as if passed at a meeting
of the Board or the committee duly called, consti-
tuted and held for that purpose;
18. providing for the payment of necessary expenses of
the Board and committees of the Board in the con-
duct of their business;
19. providing for the Board to enter into arrangements
on behalf of licensees with respect to the bonding of
licensees and requiring the payment and remittance
of premiums in connection therewith, setting levies
that shall be paid by licensees and exempting licen-
sees or any class thereof from all or any part of such
levy;
20. providing for the establishment of group insurance,
plans, other than for professional liability, in which!
licensees may participate on a voluntary basis;
21. regarding such other matters as are entailed in car-
rying on the business of the Board.
Distribution (2) A copy of the by-laws made under subsection (1) and
^"^^^ amendments thereto,
(a) shall be forwarded to the Minister;
(b) shall be forwarded to each licensee; and
(c) shall be available for public inspection in the office
of the Board.
Minister may (3) At any time bcforc or after receiving a copy of a by-law
amend °' made under subsection (1), the Minister may, by an order in
by-laws writing, rcvokc or amend the by-law.
Idem (4) Despite subsection (3), a by-law is effective until so
revoked or amended by the Minister and no act done or right
acquired under any such by-law before revocation or amend-
ment by the Minister is prejudicially affected by the revoca-
tion or amendment.
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 9
7. — (1) The Board shall establish and appoint the follow- Estabiish-
^ '.^^ '■ '^ ment of
ing committees: committees
1. Executive Committee.
2. Licensing Committee.
3. Complaints Committee.
4. Discipline Committee.
5. Compensation Fund Committee.
(2) The Board may establish such other committees in addi- ^^^^
tion to those established under subsection (1) as the Board
from time to time considers necessary.
(3) If one or more vacancies occur in the membership of a vacancies
committee, the members remaining constitute the committee
so long as their number is not fewer than a quorum of the
committee.
8. — (1) The Executive Committee shall be composed of Executive
three persons who are members of the Board, one of whom
shall be a person appointed under paragraph 2 of subsection
4(1).
(2) Two members of the Executive Committee constitute a Quorum
quorum.
(3) The Board may delegate to the Executive Committee Powers of
Executive
the authority to exercise any power or perform any duty of committee
the Board, other than to make, amend or revoke a by-law.
(4) Subject to rat fication by the Board at its next ensuing urgent
meeting, the Executive Committee may take action upon any '"^ ^'^
other matter that requires immediate attention between meet-
ings of the Board, other than to make, amend or revoke a
by-law.
9. — (1) The Licensing Committee shall be composed of Licensing
three persons who are members of the Board, one of whom ^"^™ ^^
shall be a person appointed under paragraph 2 of subsection
4(1).
(2) The Board shall name one member of the Licensing Chairperson
Committee to be chairperson.
(3) Two members of the Licensing Committee constitute a Quorum
quorum.
10
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Complaints
Committee
10. — (1) The Complaints Committee shall be composed of
three persons who are members of the Board, one of whom
shall be a person appointed under paragraph 2 of subsection
4(1).
Idem
(2) No person who is a member of the Discipline Commit-
tee shall be a member of the Complaints Committee.
Chairperson (3) Yhc Board shall name one member of the Complaints
Committee to be chairperson.
Quorum (4) Xwo members of the Complaints Committee constitute
a quorum.
Discipline
Committee
11. — (1) The Discipline Committee shall be composed of
four members of the Board, two of whom shall be persons
appointed under paragraph 2 of subsection 4 (1).
Chairperson (2) The Board shall name one member of the Discipline
Committee to be chairperson.
Quorum
(3) Three members of the Discipline Committee constitute
a quorum.
Majority vote (4) All disciplinary decisions of the Discipline Committee^
require the vote of a majority of the members of the Disci-
pline Committee present at the hearing.
Disability of (5) jf tj^g Discipline Committee commences a hearing and a
mem er member of the Discipline Committee is unable to continue to
act, the remaining members may complete the hearing despite^
the absence of the member.
compen- 12. — (1) The Compensation Fund Committee shall be
Committee composcd of three persons who are members of the Board,
two of whom shall be persons appointed under paragraph 2 of,
subsection 4 (1).
Chairperson (2) The Board shall name one member of the Compensa-
tion Fund Committee to be chairperson.
Quorum
(3) Two members of the Compensation Fund Committee
constitute a quorum.
Powers and
duties of
Licensing
Committee
Recommen-
dations
13. — (1) The Licensing Committee shall consider all mat-
ters that are referred to it by the Registrar under section 22.
(2) The Licensing Committee may make recommendations
to the Registrar with respect to.
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 11
(a) the eligibility of an applicant for a licence or a
renewal of a licence;
(b) issuing or refusing to issue a licence to an applicant
for a licence or a renewal of a licence;
(c) issuing a licence or a renewal of a licence to an
applicant subject to conditions;
(d) suspending or revoking the licence of a licensee;
(e) the desirability of requiring an applicant for a
licence or a renewal of a licence or a licensee to
take and pass such additional training or part
thereof that may be prescribed; or
(f) exempting an applicant for a license or a renewal of
a licence or a licensee from any licensing require-
ment.
14. — (1) The Complaints Committee shall consider and Duties of
investigate complaints regarding the conduct or actions of any commfttee
licensee, but no action shall be taken by the Complaints Com-
mittee under subsection (2) unless,
(a) a written complaint has been filed with the Regis-
trar and the licensee whose conduct or actions are
being investigated has been notified of the com-
plaint and given at least two weeks in which to sub-
mit in writing to the Committee any explanations or
representations the licensee may wish to make con-
cerning the matter; and
(b) the Committee has examined or has made every
reasonable effort to examine all records and other
documents relating to the complaint.
(2) The Complaints Committee in accordance with the '''em
information it receives may,
(a) consider all or part of the matter;
(b) direct that all or part of the matter be referred to
the Discipline Committee; and
(c) subject to subsection (9), take or recommend such
action that it considers appropriate in the circum-
stances and that is not inconsistent with this Act,
the regulations or the by-laws.
12
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Notice
Hearing
Notice
Decisions (3) The Complaints Committee shall advise the Registrar in
and reasons ^jj^jjjg Qf jjjg action it proposcs to take or recommend and its
reasons therefor.
(4) Subsection (3) does not apply to a matter that is refer-
red to the Discipline Committee.
(5) The Complaints Committee is not required to hold a
hearing or to afford any person an opportunity for a hearing
or to make oral submissions before it prior to it taking action
or making a recommendation under this section.
(6) The Registrar shall send to the complainant and to the
person complained against by prepaid first class mail a copy of
the proposal of the Complaints Committee and its reasons
therefor, if any, together with notice that informs the person
to whom it is sent that the person is entitled to a hearing by
the Tribunal if the person mails or delivers to the Registrar
and to the Tribunal, within fifteen days after the notice is
served on the person, notice in writing requiring a hearing and
the person may so require such a hearing.
(7) If a complainant or the person complained against does
not require a hearing by the Tribunal, the Complaints Com-
mittee may carry out the proposal stated in the notice to the
complainant or the person complained against.
(8) If the complainant or the person complained against
requires a hearing, the Tribunal shall appoint a time for and
hold a hearing.
(9) After holding a hearing, the Tribunal may by order
direct the Complaints Committee to carry out the proposal or
refrain from carrying out the proposal and to take such action
as the Tribunal considers the Complaints Committee ought to
take in accordance with this Act and the regulations and, for
such purposes, the Tribunal may substitute its opinion for thai;
of the Complaints Committee.
(10) The Tribunal may attach such conditions to its order as
it considers proper to give effect to the purposes of this Act.
(11) The Registrar, the person who required the hearing
and such other persons as the Tribunal may specify are parties
to proceedings before the Tribunal under this section.
Reference by 15, Dcspitc subscctiou 14 (1), the Board or the Executive
SutiVe Committee may direct the Discipline Committee to hold a
Committee hearing and determine any allegation of professional miscon-
duct or incompetence on the part of a funeral director.
No hearing
Hearing
Order
Conditions
Parties
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 13
16. — (1) The Discipline Committee shall, Duties of
^ ^ Discipline
Committee
(a) when so directed by the Board, Executive Commit-
tee or Complaints Committee, hear and determine
allegations of professional misconduct or incompe-
tence against a funeral director;
(b) hear and determine matters referred to it by the
Board, Registrar, Executive Committee or Com-
plaints Committee under this Act with respect to
funeral directors; and
(c) perform such other duties as are assigned to it by
the Board,
(2) A funeral director may be found guilty of professional Professional
misconduct by the Discipline Committee if, miscon uc
(a) the funeral director has been found guilty of an
offence that is relevant to the funeral director's suit-
ability to practise as a funeral director, upon proof
of such conviction; or
(b) the funeral director has been guilty in the opinion of
the Discipline Committee of professional miscon-
duct as prescribed.
(3) The Discipline Committee may find a funeral director incompetence
to be incompetent if in its opinion,
(a) the funeral director has displayed in the providing
or in directing the providing of funeral services or
funeral supplies or in performing or supervising the
performing of an embalming, a lack of knowledge,
skill or judgment of a nature or to an extent that
demonstrates the funeral director is unfit to con-
tinue as a funeral director;
(b) the funeral director is suffering from a physical or
mental condition or disorder of a nature and extent
that makes it desirable in the interest of the public
that the funeral director no longer be permitted to
continue as a funeral director.
(4) If the Discipline Committee finds a funeral director ^"^'^^'^j^J
guihy of professional misconduct or incompetence, it may by committee
order do any of the following things or any combination of the
following things:
1. Revoke the licence of the funeral director.
14
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
2. Suspend the licence of the funeral director for a
stated period.
3. Impose restrictions on the licence of the funeral
director for a period and subject to the conditions
specified by the Discipline Committee.
4. Reprimand the funeral director and direct that the
fact of the reprimand be recorded on the applicable
register.
5. Impose such fine as the Discipline Committee con-
siders appropriate to a maximum of $10,000 to be
paid by the funeral director to the Treasurer oi
Ontario for payment into the Consolidated Revenue
Fund.
6. Direct that the imposition of a penalty be susi
pended or postponed for the period and upon the
terms specified by the Discipline Committee.
Costs
Stay on
appeal for
incompetence
Stay on
appeal for
professional
misconduct
Service of
decision of
Discipline
Committee
Continuation
on expiry of
Committee
membership
(5) If the Discipline Committee is of the opinion that the
commencement of the proceedings was unwarranted, the
Committee may order that the Board reimburse the funeral
director for the funeral director's costs or such portion thereof
as the Discipline Committee fixes.
(6) If the Discipline Committee revokes, suspends or
restricts a licence on the grounds of incompetence, the deci-
sion takes effect immediately despite the fact that an appeal is
taken from the decision, unless the court to which the appeal
is taken otherwise orders and, where the court is satisfied that
it is appropriate in the circumstances, the court may so order.
(7) If the Discipline Committee revokes, suspends or
restricts a licence on grounds other than for incompetence, the
order does not take effect until the time for appeal from the
order has expired without an appeal being taken or, if taken,
the appeal has been disposed of or abandoned, unless the Dis-
cipline Committee otherwise orders, and, where the Commit-
tee considers that it is appropriate for the protection of the
public, the Committee may so order.
(8) If the Discipline Committee finds a funeral director
guilty of professional misconduct or incompetence, a copy of
the decision shall be served upon the person complaining in
respect of the conduct or action of the funeral director.
(9) If a proceeding is commenced before the Discipline
Committee and the term of office on the Board or on the
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
15
Committee of a member sitting for the hearing expires or is
terminated before the proceeding is disposed of but after evi-
dence has been heard, the member shall be deemed to remain
a member of the Discipline Committee for the purpose of
completing the disposition of the proceeding in the same man-
ner as if his or her term of office had not expired or been ter-
minated.
17. — (1) In proceedings before the Discipline Committee, Parties to
the Board and the funeral director whose conduct is being proceedhigs
investigated in the proceedings are parties to the proceedings.
(2) A funeral director whose conduct is being investigated Examination
in proceedings before the Discipline Committee shall be documentary
afforded an opportunity to examine before the hearing any evidence
written or documentary evidence that will be produced or any
report the contents of which will be given in evidence at the
hearing.
(3) Members of the Discipline Committee holding a hear-
ing shall not have taken part before the hearing in any investi-
gation of the subject-matter of the hearing other than as a
member of the Board considering the referral of the matter to
the Discipline Committee or at a previous hearing of the
Committee.
Members
holding
hearing not
to have
taken part in
investigation,
etc.
(4) Members of the Discipline Committee shall not commu-
nicate directly or indirectly in relation to the subject-matter of
the hearing with any person or with any party or representa-
tive of a party except upon notice to and opportunity for all
parties to participate.
No
communi-
cation
(5) The Discipline Committee may seek legal advice from Advice
an adviser independent from the parties and, in such case, the
nature of the advice shall be made known to the parties in
order that they may make submissions as to the law.
(6) The oral evidence taken before the Discipline Commit- Recording of
tee shall be recorded and, if so required, copies or a transcript
thereof shall be furnished only to the parties at the cost to the
parties.
(7) Documents and things put in evidence at a hearing of Release of
the Discipline Committee shall, upon the request of the per- e^dmcT^'^
son who produced them, be released to the person by the
Committee within a reasonable time after the matter in issue
has been finally determined.
16
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Appeal to 18, — (1) A party to proceedings before the Discipline
Tnbunai Committee may appeal from its decision or order to the
Tribunal.
Application (2) Subscctions 14 (6) to (11) apply with necessary modifi-
cations to an appeal to the Tribunal from a decision or order
of the Discipline Committee.
Licence
required
19. — (1) No person shall act or imply that the person is
available to act as a funeral director unless the person is
licensed to do so.
Idem
IS
(2) No person shall operate or imply that the person
available to operate a funeral establishment unless the persoi
is licensed to do so.
Idem
(3) No person shall operate or imply that the person
available to operate a transfer service unless,
(a) the person is licensed to do so; or
(b) the person is licensed to operate a funeral establish-
ment and the transfer service is operated as part of
the normal operation of the funeral establishment.
Idem
(4) No person other than a funeral director who is licensed
to do so shall perform or imply that the person is available to
perform embalming.
Place of
business
Funeral
services
Idem
(5) No person shall operate a funeral establishment except
at a place that is named in the licence of the person.
(6) No funeral director shall offer funeral services except
through an operator of a funeral establishment.
(7) No funeral director shall offer funeral services to the
public except through an operator of a funeral establishment
who is licensed to do so.
Funeral (g) No Operator of a funeral establishment shall employ a
esta IS ment pgj.gQjj ^^ ^ funeral director unless the person is licensed as a
funeral director.
Direction and
management
(9) Every operator of a funeral establishment shall ensure
that the funeral establishment is managed and directly super-
vised by a funeral director who is responsible for the conduct
or misconduct of any person to whom the funeral director
delegates responsibilities.
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
17
(10) No funeral director shall manage and directly super- Wem
vise the operation of more than one funeral establishment
except as prescribed.
(11) Each corporation that is licensed to operate a funeral corporation
establishment shall ensure that at least one of the directors of
the corporation is a funeral director.
(12) Subsections (1) and (4) do not apply, Exceptions
(a) to a student in a training program who is working
under the supervision and in the presence of a
funeral director; or
(b) to a student who is enrolled in a recognized course
of funeral services education and who is working
under the supervision and in the presence of the
instructor of the course.
(13) Subsection (4) does not apply to a person employed in w^™
|a recognized school of medicine or anatomy while so
I employed.
20. — (1) A person may apply to the Registrar for a licence Application
[to operate a funeral estabUshment or to operate a transfer
I service.
(2) A person who has successfully completed the educa- ^^^^
tional requirements that are prescribed may apply to the
Registrar for a licence as a funeral director.
(3) An applicant is entitled to a licence or a renewal of a Requirement
licence as a funeral director or to operate a funeral establish-
ment or to operate a transfer service except if,
(a) the applicant cannot reasonably be expected to be
financially responsible in the conduct of the appli-
cant's business;
(b) the past and present conduct of the applicant, the
officers or directors of the applicant or persons
holding more than 10 per cent of the equity shares
of the applicant affords reasonable grounds for
belief that the applicant will not operate in accord-
ance with the law and with integrity and honesty;
(c) the applicant or an employee or agent of the appU-
cant makes a false statement or provides a false
statement in an application for a licence;
18
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
(d) the applicant is carrying on activities that are, or
will be if the applicant is licensed, in contravention
of this Act or the regulations;
(e) the applicant will, if licensed, be carrying on activi-
ties under this Act and the regulations that are in
contravention of another Act or a municipal by-law;
or
(f) in the case of a corporation that operates a funeral
establishment, no director of the corporation is a
funeral director.
Issue
Conditions
(4) The Registrar shall issue a licence as a funeral director,
to operate a funeral establishment or to operate a transfer ser-
vice, as the case requires, to every applicant therefor who
pays the fee that is prescribed, complies with the regulations
and is not disentitled under subsection (3).
(5) A licence is subject to such conditions as may be con-
sented to by the applicant, imposed by the Tribunal or pre-
scribed.
Refusal to
issue
Refusal to
renew
Proposal
Notice
21. — (1) Subject to section 22, the Registrar may refuse to
issue a licence to an applicant if the applicant is not entitled to
a licence under subsection 20 (3).
(2) Subject to section 22, the Registrar may refuse to renew
or may suspend or revoke a licence,
(a) for any reason that would disentitle the licensee to a
licence under subsection 20 (3) if the licensee were
an applicant;
(b) if the licensee is in breach of a condition of the
licence; or
(c) if the licensee is a corporation and the shareholders
of the corporation have changed in the manner and
to the extent prescribed.
22. — (1) If the Registrar proposes to refuse to issue or
renew a licence, proposes to issue a licence subject to condi-
tions or proposes to suspend or revoke a licence, the Registrar
shall serve notice of the proposal, together with written rea-
sons therefor, on the applicant or the licensee.
(2) A notice under subsection (1) shall inform the applicant
or licensee that the applicant or licensee is entitled to a hear-
ing by the Tribunal if the applicant or licensee mails or deliv-
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
19
ers to the Registrar and to the Tribunal, within fifteen days
after the notice is served on the applicant or licensee, notice
in writing requiring a hearing and the applicant or licensee
may so require such a hearing.
(3) If an applicant or registrant does not require a hearing No hearing
by the Tribunal, the Registrar may carry out the proposal
stated in the notice to the applicant or licensee.
(4) If an applicant or registrant requires a hearing, the Hearing
Tribunal shall appoint a time for and hold a hearing.
(5) After holding a hearing, the Tribunal may by order o^der
direct the Registrar to carry out the proposal or refrain from
carrying out the proposal and to take such action as the Tribu-
nal considers the Registrar ought to take in accordance with
this Act and the regulations and for such purposes the Tribu-
nal may substitute its opinion for that of the Registrar.
(6) The Tribunal may attach such conditions to its order or conditions
to the licence as it considers proper to give effect to the pur-
poses of this Act.
(7) The Registrar, the applicant or licensee who has Parties
required the hearing and such other persons as the Tribunal
may specify are parties to proceedings before the Tribunal
under this section.
(8) The Registrar may cancel a licence upon the request in Cancellation
writing of the licensee and the surrender of the licence by the
licensee.
(9) The Registrar may refer any matter that deals with Referral
licensing to the Licensing Committee for their recommenda-
tions.
23. — (1) A person who is refused a licence or who is Application
refused a renewal of a licence may apply in writing to the
Registrar for the issuance of a licence only if at least one year
has passed since the refusal.
(2) A person whose licence is revoked under this Act or wem
whose registration was cancelled under a predecessor of this
Act may apply in writing to the Registrar for the issuance of a
licence only if at least one year has passed since the revoca-
tion or cancellation.
(3) A person whose licence is suspended under this Act or i^em
whose registration was suspended under a predecessor of this
Act, for more than one year, may apply in writing to the Reg-
20
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
istrar for the removal of the suspension only if at least one
year has passed since the suspension.
Temporary
order
24. — (1) If the Registrar proposes to suspend or revoke a
licence, the Registrar may, if the Registrar considers it to be
necessary in the public interest, by order, temporarily suspend
the licence and the order shall take effect immediately.
Hearing (2) If a hearing is required with respect to a proposal to
suspend or revoke a licence, the order expires fifteen days
after the date of the notice requiring the hearing unless the
hearing is commenced, in which case the Tribunal holding the
hearing may extend the time of expiration until the hearing is
concluded.
No licence
(3) If the Registrar by order temporarily suspends a licence
under this section or subsection 22 (2), the licensee shall dur-
ing the term of the suspension be considered not to be
licensed under this Act.
stay
R.S.O. 1980,
c. 274
25. Despite the fact that a licensee appeals from an order
of the Tribunal under section- 11 of the Ministry of Consumer
and Commercial Relations Act, the order takes effect immedi-
ately but the Tribunal may grant a stay until the disposition of
the appeal.
Continuation 26. If in the time prescribed therefor or, if no time is pre-
scribed before the expiry of the licensee's licence, a licensee
applies in the manner prescribed for renewal of the licence
and pays the fee prescribed, the licence shall be deemed to
continue,
(a) until the renewal is granted; or
(b) if the licensee is served with a notice that the Regis-
trar proposes to refuse to grant the renewal, until
the time for giving notice requiring a hearing has
expired and, if a hearing is required, until the
Tribunal has made its order.
Advertising 27. — (1) If the Director or the Registrar believes, on rea-
sonable and probable grounds, that a person licensed under
this Act has made a false or misleading public representation
or that a representation is in contravention of this Act or the
regulations, the Director or the Registrar shall order the per-
son to stop making the representation and in the order shall
set out the reasons for the order.
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
21
(2) A person who receives an order under subsection (1) Compliance
shall immediately comply with the order and shall refrain from
making the representation, in any form, in the future.
(3) Any person who receives an order under subsection (1) Appeal
may appeal the order to the Tribunal.
(4) The Tribunal may issue a stay of any order made by the stay of order
Registrar under subsection (1).
28. If a person is entitled to the repayment of money paid Repayment
for or on account of funeral services, the operator of the
funeral establishment, the funeral director who managed or
manages the operation of the funeral estabUshment and any
funeral director in the employ of the operator of the funeral
establishment who received the money or any part thereof are
liable jointly and severally with any other person who is liable
for the repayment of the money.
29. A licence is not required with respect to rites and cer-
emonies traditionally provided at a place of worship.
Place of
worship
30. — (1) No person other than a person who is licensed to
operate a funeral establishment or a transfer service and who
is a participant in good standing in the Compensation Fund
shall enter into or offer to enter into a prepaid contract with a
purchaser.
Prepaid
contracts
(2) Subsection (1) does not apply to a person selling funeral Wem
supplies under the authority of the Cemeteries Act, 1989. i989, c. ...
31. — (1) No licensee shall enter into a prepaid contract Contracts
that contains a provision for the payment of interment rights
in a cemetery lot.
(2) All goods or services for which a licensee accepts pay- One contract
ment in respect of one beneficiary shall be included in one
prepaid contract.
(3) No licensee shall enter into a prepaid contract that Guarantee
guarantees the price of any goods or services in the contract
unless the price of all goods and services included in the con-
tract are guaranteed.
32. — (1) Prior to the death of the beneficiary, the pur- Cancellation
chaser of a contract may cancel the contract at any time
except if the contract provides otherwise.
22
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Idem
Idem
Idem
Prearrange-
ment fees
Trust
Cancellation
Deductions
Application
Repayment
Costs
(2) Prior to the death of the beneficiary but after the death
of the purchaser, the beneficiary or the beneficiary's personal
representative may cancel the contract at any time.
(3) After the death of the beneficiary, only the beneficiar-
y's personal representative may at any time cancel the con-
tract prior to the delivery of all the services contracted for.
(4) Subsections (1), (2) and (3) apply to contracts entered
into before this Act comes into force.
33. No person shall charge or accept any payment with
respect to a prearrangement.
34. — (1) Every person who receives a payment under a
prepaid contract shall hold the amount of the payment
together with all income accrued thereon in trust until it is dis-
bursed in accordance with this Act and the regulations.
(2) If a prepaid contract is cancelled, the person holding
the funds in trust under the contract shall forthwith pay the
funds and all income accrued thereon to,
(a) if the prepaid contract is cancelled prior to the
death of the beneficiary, the purchaser or the per-
son set out in the contract;
(b) if the prepaid contract is cancelled prior to the
death of the beneficiary but after the death of the
purchaser, the beneficiary; or
(c) if the prepaid contract is cancelled after the death of
the beneficiary, the estate of the beneficiary.
(3) If a prepaid contract is cancelled after thirty days of the
entering into of the contract, the person paying under sub-
section (2) may deduct from the amount paid such fees as are
prescribed.
(4) Subsection (1) does not apply to a payment made to an
insurer under an insurance contract or plan.
35. — (1) If a prepaid contract is fulfilled, the balance, if
any, of the prepayment funds that are in excess of the cost of
delivering the services and supplies contracted for shall be
paid to the beneficiary's estate forthwith despite any contrary
provision in the contract.
(2) The cost of delivering the services and supplies required
under a prepaid contract shall not exceed the amount that
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 23
would Otherwise be charged for the same services and supplies
if there had not been prepayment.
36. — (1) A prepaid contract is not enforceable by an oper- Contract
ator of a funeral establishment or transfer service unless, requirements
(a) it is written, signed by both parties and complies
with the regulations;
(b) it sets out the purchaser's cancellation rights under
this Act; and
(c) the owner delivers a signed copy of the contract to
the purchaser at the time the contract is made.
(2) An operator of a funeral establishment or transfer ser- Refund with
vice who receives money under a contract that is not enforce- '"^^'^^^^
able because of the application of this section shall refund to
the purchaser, immediately upon written demand, with inter-
est at the prescribed rate, all money received.
(3) Subsection (2) does not apply after the supplies and ser- Exception
vices have been provided under the contract.
37. Every licensee shall make such information as is pre- P"*'1''^ .
scribed available to the public in the manner and form pre- '"°™^'°"
scribed.
38.— -(1) No person shall contact, in any way, a person in ^°'',^.'JJ."8.
a hospital, nursing home or such other institution as is pre- ^^°
scribed for the purpose of suggesting that a contract be made.
(2) No person shall contact, by telephone or in person, a ^^em
person for the purpose of suggesting that a contract be made.
(3) This section does not prohibit. Exception
(a) a contact made at the request of the person being
contacted; or
(b) a contact with a licensee.
39. — (1) No person shall operate a funeral establishment Prohibition
or transfer service in conjunction with the owner of a ceme-
tery or crematorium in a manner that is prescribed.
(2) No person shall operate a funeral establishment or ^^^"^
transfer service from locations that are prescribed.
24
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Restraining 4©, — (1) If the Director or the Board is of the opinion that
°^ " a person is not complying with this Act or the regulations,
despite the imposition of a penalty in respect of the non-
compliance and despite the fact that another remedy may be
available, the Director or the Board may apply to a judge of
the High Court for an order directing the person to comply.
Idem
(2) Upon an application under subsection (1), the judge
may make the order applied for or such other order as the
judge thinks appropriate.
Idem
(3) An appeal lies to the Divisional Court from an order
made under subsection (2).
Freezing
assets
41. — (1) If the Director has reasonable and probable
grounds to believe that a licensee is doing or is about to do
something that will jeopardize the public interest, the Director
may direct any person holding, having on deposit or control-
ling assets of the licensee or trust funds under the control of
the licensee to hold the assets or trust funds until further
instructions are received from the Director to release a partic-
ular asset or trust fund from the direction.
Scope of
direction
(2) In the case of a bank or a corporation, a direction
under subsection (1) applies only to the offices, branches or
agencies thereof named in the direction.
Application (3) Any pcrsou named in a direction issued under sub-
ror Qircctions
section (1), if in doubt as to the application of the direction to
particular assets or trust funds, may apply to the Director for
an order of clarification.
Revocation
or
amendment
of direction
(4) On an application of a licensee or any other person hav-
ing an interest therein, the Director may make an order on
such conditions as are set out in the order revoking the direc-
tion or consenting to the release of a particular asset or trust
fund from the direction.
Appeal (5) A person affected by a direction or order of the Direc-
tor made under this section or a refusal to make an order may
appeal to the Tribunal.
Application (6) Subsections 14 (6) to (11) apply with necessary modifi-
cations to an appeal to the Tribunal from a direction or order
of the Director.
Inspectors 42. — (1) The Registrar or a Director may appoint inspec-
tors for the purpose of determining whether there is compli-
ance with this Act and the regulations.
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 25
(2) An inspector exercising a power under this Act shall, on Certificate of
request, produce his or her certificate of appointment. appointment
43. — (1) For the purpose of ensuring compUance with this inspections
Act and the regulations, an inspector may,
(a) enter any place at any reasonable time;
(b) request the production for inspection of documents
or things that may be relevant to the inspection;
(c) inspect and, upon giving a receipt therefor, remove,
for the purpose of making copies or extracts, docu-
ments or things relevant to the inspection;
(d) inquire into negotiations, transactions, loans or bor-
rowings of a licensee and into assets owned, held in
trust, acquired or disposed of by a licensee that are
relevant to an inspection;
(e) conduct such tests as are reasonably necessary to
determine this Act and the regulations; and
(f) remove materials or substances for examination or
test purposes subject to the licensee or other occu-
pant of the premises being notified thereof.
(2) Subsection (1) does not apply to confer a power of Entry, to
entry to a room actually used as a dweUing without the con- ^^ '"^^
sent of the occupier.
(3) A justice of the peace may issue a warrant authorizing warrant
the person named in the warrant,
(a) to do anything set out in clause (1) (a), (c), (e) or
(f);
(b) to search for and seize any document or thing
relevant to the inspection; or
(c) to enter and search a room actually used as a
dwelling.
(4) A warrant may be issued under subsection (3) if the jus- Requirements
tice of the peace is satisfied on information under oath that, in to^s^Se'^^"
the case of a warrant to be issued under,
(a) clause (3) (a), an inspector has been prevented from
doing anything permitted under clause (1) (a), (c),
(e) or (f) or there is reasonable ground to believe
26
Bill 30
FUNERAL DIRECTORS & ESTABLISHME>rrS
1989
that an inspector may be prevented from doing any
of those things;
(b) clause (3) (b), to search for and seize a document or
thing that there is reasonable ground to believe will
afford evidence relevant to a contravention of this
Act or the regulations; or
(c) clause (3) (c), it is necessary that a room actually
used as a dwelling be entered for the purposes of
carrying out an inspection or there is, in such a
room, a document or thing that there is reasonable
ground to believe is relevant to an inspection under
this Act.
Execution of
warrant
(5) A warrant issued under this section shall specify the
hours and days during which it may be executed.
Expiry (6) Uuless renewed, a warrant under this section expires
not later than thirty days after the date on which it is made.
Notice not
required
(7) A warrant under this section may be issued or renewed
before or after expiry upon application without notice.
Experts (g) An inspector is entitled to call upon such experts as are
necessary to assist the inspector in carrying out an inspection
under this Act.
Assistance
(9) A person doing anything under the authority of a war-
rant issued under this section is authorized to call on such
police officers to assist and to use such force as is necessary in
the execution of the warrant.
Copies (10) An inspector taking material in order to copy it shall
make the copy with reasonable dispatch and shall promptly
return the material taken.
Admissibility
of copies
(11) Copies of, or extracts from, documents and things
removed under this section and certified as being true copies
of, or extracts from, the originals by the person who made
them are admissible in evidence to the same extent as, and
have the same evidentiary value as, the documents or things
of which they are copies or extracts.
Obstruction
of inspector
44. — (1) No person shall obstruct an inspector in carrying
out an inspection under this Act or withhold, destroy, conceal
or refuse to provide any relevant information or thing
required for the purpose of the inspection.
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
27
(2) It is a condition of each licence issued under this Act Facilitating
that the
licence.
licensee facilitate an inspection relevant to the
inspection
45. — (1) The Director or Registrar may apply to a judge Appointment
or a local judge of the Supreme Court for the appointment of and^manager
a receiver and manager of an involved funeral establishment
or transfer service if,
(a) the Director or Registrar has reasonable and proba-
ble grounds to believe that a person registered
under this Act has failed or is about to fail to pro-
vide contracted and paid for funeral services to a
cUent;
(b) the Director or Registrar is advised that a proposal
to suspend or revoke a licence under section 21 or
to temporarily suspend a licence under section 24
has been made; or
(c) the Director has directed or is about to make a
direction under section 41.
(2) A judge, upon an application being made under sub-
section (1), without notice or, if the judge considers that
notice should be given, upon such notice as the judge stipu-
lates, may, if it is considered in the public interest and subject
to the Bankruptcy Act (Canada), appoint a receiver and man-
ager to take possession and control of the business of the per-
son in respect of whom an action referred to in subsection (1)
applies for a period not exceeding sixty days.
Idem
R.S.C. 1985,
c. B-3
(3) An appointment made under subsection (2) may be Extension
extended, upon an application without notice, for an addi-
tional period not exceeding sixty days.
(4) A receiver and manager appointed under subsection (2) Receiver and
shall take possession and control of the assets of the business laking^'^
and shall thereafter conduct the business and take such steps control
as in the opinion of the receiver and manager should be taken
toward its rehabilitation.
(5) For the purposes of subsection (4), the receiver and '"^^m
manager have all the powers of the board of directors of the
corporation, if the business is a corporation, or of a sole pro-
prietor or all partners if the business is not a corporation and,
without limiting the generality of the foregoing, the receiver
and manager may,
28
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Enforcement
of order
Rules of
practice
Regulations
(a) exclude the directors, officers, servants and agents
of the business from the premises and property of
the business; and
(b) carry on, manage and conduct the operations of the
business and in the name of the business preserve,
maintain, realize, dispose of and add to the prop-
erty of the business and receive the incomes and
revenues of the business.
(6) An order made under this section may be enforced in
the same manner as any order or judgment of the Supreme
Court and may be varied or discharged upon an application
made by notice.
(7) Upon an application being made under this section, the
rules of practice of the Supreme Court apply.
46. — (1) The Lieutenant Governor in Council may make
regulations,
1. prescribing the manner in which trust accounts shall
be kept and accounted for;
2. providing for the inspection of trust accounts;
3. prescribing the duties of depositories with respect t(
trust funds held under this Act;
4. requiring receipts to be given by licensees witl
respect to contracts;
5. providing for the establishment, maintenance anc
administration of the Compensation Fund;
6. prescribing provisions that relate to the investinj
and paying out of moneys from the Compensatioi
Fund;
7. providing for the payment of levies into the Com
pensation Fund and prescribing the amounts o
levies;
8. providing for appeals from a refusal to pay out of
the Compensation Fund;
9. governing the powers and duties of the trustee
administering the Compensation Fund;
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 29
10. requiring the purchase of bonds for the purpose of
indemnifying the Compensation Fund;
11. prescribing the terms and amounts of bonds;
12. providing for payment out of the Compensation
Fund of claims and procedures to be followed with
respect thereto;
13. requiring participation in the Compensation Fund
by licensees;
14. on any matter relating generally to the purchase,
renewal or terms of a bond or the disposition of
payments received thereunder;
15. governing the form and content of contracts and
receipts, including the cancellation of contracts;
16. prescribing the terms that a contract shall be
deemed to contain;
17. prescribing conditions under which contracts may be
assigned and prohibiting assignments that are not in
accordance with the prescribed conditions;
18. regulating, limiting or prohibiting the soliciting of
contracts;
19. governing the term during which each class or type
of licence is valid;
20. exempting any person or thing or class of person or
thing from the application of any provision of this
Act or the regulations and prescribing conditions
for any exemption;
21. authorizing persons, other than funeral directors, to
perform specified acts in the providing of funeral
services under the supervision or direction of a
funeral director;
22. governing the books, accounts, records and infor-
mation that shall be kept by licensees and that shall
be filed with the Registrar;
23. prescribing fees and requiring the payment of fees;
24. prescribing forms and providing for their use;
30 Bill 30 FUNERAL DIRECTORS & ESTABLISHMENTS 1989
25. prescribing educational requirements and testing
requirements on an initial and ongoing basis for
licensees and employees of licensees;
26. governing applications for licences and renewals of
licences;
27. prescribing classes of licences;
28. governing the requirements and qualifications for
the issuing of licences and prescribing the conditions
for obtaining and maintaining a licence;
29. governing standards of practice and operation for
licensees;
30. respecting the methods and materials that may be
used in providing funeral services;
31. prohibiting or governing the advertising of funeral
services or funeral supplies and prohibiting or gov-
erning the display of funeral supplies to the public;
32. governing the construction, location, equipment,
maintenance, repairs, additions and alterations to
funeral establishments and governing the informa-
tion, plans and materials to be furnished to the
Registrar with respect thereto;
33. governing the equipment and practices with respect
to the embalming, transportation, preparation and
disposal of dead human bodies;
34. regulating, controlling and prohibiting the use of
terms, titles or designations by licensees;
35. prescribing practices or actions that are evidence of
incompetence or lack of honesty and integrity;
36. governing the availability and display of funeral
services and funeral supplies;
37. prescribing specifications and minimum require-
ments for funeral services and funeral supplies;
38. prescribing, for any notice required to be given
under this Act, the type of notice and the manner in
which it is to be given;
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 31
39. governing the payment of money into and out of
trust funds, including the time within which and the
circumstances under which payments are to be
made;
40. providing for the maintenance and inspection of
registers of persons who are licensed;
41. prescribing anything that is referred to in this Act as
being prescribed.
(2) A regulation made under this Act may be of limited Limited
^ ,. , • application
application, ^^
(3) A regulation made under this section may be retro- Retroactive
active in effect and may apply to contracts entered into before
this Act comes into force.
47. — (1) Every person who, Offence
(a) furnishes false, misleading or incomplete informa-
tion in an application under this Act or in a state-
ment or return required to be furnished under this
Act or the regulations;
(b) fails to comply with a direction or order made under
this Act; or
(c) contravenes any provision of this Act or the regu-
lations,
is guilty of an offence.
(2) Every director or officer of a corporation who concurs i^em
in an offence under this Act is guilty of an offence.
(3) An individual who is convicted of an offence under this ^^^^
Act is liable to a fine of not more than $20,000 and on a sub-
sequent conviction to a fine of not more than $20,000 and to
imprisonment for a term of not more than one year.
(4) A corporation that is convicted of an offence under this i«iem
Act is liable to a fine of not more than $40,000.
(5) No proceeding under this section shall be commenced Limitation
more than two years after the facts upon which the proceed-
ings are based first came to the knowledge of the Director.
(6) A statement as to the time when the facts upon which Certificate as
proceedings are based first came to the knowledge of the
32
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Restitution
Director purporting to be certified by the Director is, without
proof of the office or signature of the Director, admissible in
evidence in any proceeding, in the absence of evidence to the
contrary, as evidence of the facts stated therein.
(7) If a person is convicted of an offence under this Act,
the court making the conviction may, in addition to any other
penalty, order the person convicted to make compensation or
restitution in relation thereto.
Matters
confidential
48. — (1) Every person employed in the administration of
this Act, including any person making an inspection under this
Act and any member of the Board or a committee of the
Board, shall preserve secrecy with respect to all matters that
come to the person's knowledge in the course of the person's
duties, employment, inquiry or inspection and shall not com-
municate any such information to any other person except,
(a) as may be required in connection with the adminis-
tration of this Act and the regulations or any pro-
ceedings under this Act or the regulations;
(b) to the person's counsel;
(c) with the consent of the person to whom the infor-
mation relates; or
(d) to an employee of the Ministry of Consumer and
Commercial Relations or to an employee of another
ministry who requires the information in the perfor-
mance of his or her duties and if disclosure is neces-
sary for the administration of this Act or any other
Act and the regulations thereunder administered by
the Minister.
Idem
(2) The Ministry of Consumer and Commercial Relations
or another ministry may disclose information in its custody or
control to an employee of the Board if,
(a) the personal information is reasonably required to
verify the truth of the contents of an application for,
or an application for renewal of, a licence or to ver-
ify the truth of any other information supplied in
support of any such application; or
(b) the Ministry or agency of the Ministry has reason-
able grounds to believe that the personal informa-
tion is relevant to a person's qualification to hold a
licence.
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
33
(3) No person to whom subsection (1) applies shall be Testimony in
required to give testimony in any civil suit or proceeding with
regard to information obtained by the person in the course of
the person's duties, employment, inquiry, investigation or
inspection except in a proceeding under this Act or the
regulations.
49. A statement as to,
(a) the licensing or non-licensing of any person;
(b) the fiUng or non-fiUng of any document or material
required or permitted to be filed with the Registrar;
or
(c) any other matter pertaining to licensing, non-
licensing, filing or non-filing,
containing information from the records kept by the Registrar
under this Act purporting to be certified by the Registrar
under the seal of the Board is, without proof of the office or
signature of the Registrar, admissible in evidence in any pro-
ceeding, in the absence of evidence to the contrary, as evi-
dence of the facts stated therein.
Certificate as
evidence
50. — (1) A notice, order or other document under this Service
Act or the regulations is sufficiently given, served or delivered
if delivered personally or sent by first class mail addressed to
the person to whom it is to be given, served or delivered at
that person's last known address.
(2) A notice, order or other document sent by first class ^^^^
mail in accordance with subsection (1) shall be deemed to be
given, served or delivered on the fifth day after the day of
mailing, unless the person to whom it is sent establishes that
the notice, order or other document was not received until a
later date because of absence, accident, illness or other cause
beyond that person's control.
51. — (1) A funeral director who is registered with the
Board of Funeral Services under the Funeral Services Act on
the date this Act comes into force is deemed to be licensed as
a funeral director until the expiration of the licence, unless the
licence is sooner surrendered, suspended or revoked.
(2) A person who is licensed with the Board of Funeral
Services under the Funeral Services Act to establish and main-
tain a funeral services establishment on the date this Act
comes into force is deemed to be licensed to operate a funeral
Transition
R.S.O. 1980,
c. 180
Idem
34
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Funeral
Services
Review
Board not
continued
establishment until the expiration of the licence, unless the
licence is sooner surrendered, suspended or revoked.
52. The board known as the Funeral Services Review
Board is dissolved and any matter before the Board on the
date this Act comes into force shall be dealt with by the
Tribunal.
Repeals 53, The foUowing are repealed:
1. The Funeral Services Act, being chapter 180 of the
Revised Statutes of Ontario, 1980.
Commence-
ment
Short title
2. Section 3 of the Mobility Rights Statute Law
Amendment Act, 1985, being chapter 5.
3. The Prearranged Funeral Services Act, being chap-
ter 387 of the Revised Statutes of Ontario, 1980.
54. This Act comes into force on a day to be named by
proclamation of the Lieutenant Governor.
55. The short title of this Act is the Funeral Directors and
Establishments Act, 1989.
Bill 30 Government Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 30
An Act respecting
Funeral Directors and Establishments
The Hon. G. Sorbara
Minister of Consumer and Commercial Relations
1st Reading June 12th, 1989
2nd Reading June 21st, 1989
3rd Reading
Royal Assent
(Reprinted as amended by the Resources Development Committee)
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
The Funeral Directors and Establishments Act, 1989 replaces the Funeral Services Act
and the Prearranged Funeral Services Act.
Some features of the Bill are as follows:
1. Funeral establishments, funeral directors and transfer services will be licensed
by the Board of Funeral Services (the Board).
2. The Board will report to the Ministry of Consumer and Commercial Relations.
3. The Board will continue to consist of funeral directors and lay people
appointed by the Lieutenant Governor in Council.
4. The Board is responsible for the education, licensing and discipline of funeral
directors, funeral establishments and transfer services.
5. Decisions of the Board may be appealed to The Commercial Registration
Appeal Tribunal (CRAT).
6. An individual who meets the requirements of the Act will be licensed as a
funeral director in one of two categories, those who perform embalming and
those who choose not to perform embalming.
7. Embalming, visitation or the arranging of a funeral is only available to the pub-
lic through a licensed funeral establishment.
8. A funeral establishment must be managed and directly supervised by a licensed
funeral director.
9. A transfer service may only provide for the removal, transportation or delivery,
of remains and the filing of necessary documentation. A transfer service need
not be under the direction of a licensed funeral director.
10. The Bill also provides for inspections, freezing of assets, appointment of receiv-
ers and managers and restraining and cease and desist orders.
11. Telephone and door-to-door solicitation for the sale of funeral services or sup-
plies is prohibited.
12. The Bill provides for regulations to deal with itemized price lists and consumer
information.
13. The regulations also provide authority to prohibit funeral establishments from
being located on or operated in connection with cemeteries or crematoria.
14. Funeral establishments and transfer services will be required under the regu-
lations to contribute to a compensation fund to compensate consumers in the
event of a defalcation.
15. A board of trustees will administer the compensation fund.
16. All moneys received for a prepaid funeral will be held together with income
accrued in trust for the beneficiary until it is dispersed in accordance with the
Act.
17. All prepaid contracts may be cancelled at any time prior to the services being
delivered. If the contract is cancelled within thirty days of signing, no adminis-
tration fee may be charged.
Bill 30 1989
An Act respecting
Funeral Directors and Establishments
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. In this Act, Definitions
"beneficiary" means a person for whom funeral services or
supplies, or both, are to be provided under a contract or
prepaid contract;
"Board" means the Board of Funeral Services;
"cemetery" means a cemetery within the meaning of the ^989, c. ...
Cemeteries Act, 1989;
"Compensation Fund" means the Prepaid Funeral Services
Compensation Fund established under the regulations;
"contract" means an agreement wherein a person provides or
agrees to provide funeral services or supplies, or both or
for the transportation of a dead human bodv. and includes
prepaid contracts;
"depository" means a chartered bank, loan or trust company.
Province of Ontario Savings Office or a credit union as
defined in the Credit Unions and Caisses Populaires Act; R so. i980,
^ ' c. 102
"Director" means a director appointed under the Ministry of R so. i980,
Consumer and Commercial Relations Act;
"disbursements" means payments actually made by a funeral
director or a person who operates a funeral establishment
on behalf of a purchaser of funeral services or supplies, or
both;
2 Bill 30 FUNERAL DIRECTORS & ESTABLISHMENTS 1989
"embalming" means the preservation and disinfection of all or
part of a dead human body by any means other than by
refrigeration;
"equity share" means a share of a class of shares that carries a
voting right either under all circumstances or under some
circumstances that have occurred and are continuing;
"funeral" means a rite or ceremony in connection with the
death of a person where the body is present;
"funeral director" means an individual who provides or
directs the providing of funeral services;
"funeral establishment" means premises where funeral ser-
vices are supplied;
"funeral services" means the care and preparation of dead
human bodies and the co-ordination of rites and ceremo-
nies with respect to dead human bodies, but does not
include services provided by a cemetery or crematoriuni
1989, c. ... owner under the Cemeteries Act, 1989;
"funeral supplies" means goods that are used in connection
with the care and preparation of dead human bodies or the
disposition of dead human bodies;
"income" means the interest or money earned, including the
compounding thereof, by the investment of funds receivec
under a prepaid contract;
"licence" means a licence issued under this Act anc
"licensed" has a corresponding meaning;
"Minister" means the Minister of Consumer and Commercial
Relations;
"prearrangement" means an arrangement for the provision of
specific funeral services, supplies or transportation of a
dead human body on the death of a person who is alive at
the time the arrangement is made;
"prepaid contract" means an agreement whereby a person
contracts with a purchaser to provide or make provision for
funeral services, funeral supplies, or both, or for the trans-
portation of a dead human body, including disbursements,
upon the death of a beneficiary, if any payment for the
contract is made prior to the death of the beneficiary or the
purchaser enters into an insurance contract or plan under
which a licensee is to receive directly or indirectly the pro-
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30
ceeds of the insurance policy upon the death of the benefi-
ciary;
"prepayment" means the payment or the guarantee of a pay-
ment pursuant to a prepaid contract;
"prepayment funds" means the money deposited in trust
under the provisions of this Act and the income therefrom
and includes the proceeds of an insurance policy received
by a licensee;
"prescribed" means prescribed by the regulations;
"Registrar" means the Registrar of the Board;
"regulations" means regulations made under this Act;
"transfer service" means a service to the pubUc with respect
to the disposition of dead human bodies, including the
transportation of dead human bodies and the filling out of
the necessary documentation with respect to the disposition
of dead human bodies;
"Tribunal" means The Commercial Registration Appeal
Tribunal.
2. — (1) There shall be a Registrar appointed by the Board Registrar
for the purposes of this Act.
(2) The Registrar may exercise the powers and shall per- Powers of
form the duties conferred or imposed on the Registrar by or ^^^'^'"'^
under this Act under the supervision of the Board.
(3) The Registrar shall maintain one or more registers in Registers
which is entered,
(a) the name of every person licensed under this Act;
(b) any conditions and limitations imposed on a licence
by the Registrar, a Committee or the Tribunal;
(c) the fact and date of each revocation, suspension,
cancellation or termination of a licence;
(d) the fact and amount of each fine imposed by the
Discipline Committee, except if the Discipline Com-
mittee directs that no entry with respect to a fine be
made;
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
(e) the fact of each reprimand made by the Discipline
Committee, except if the Discipline Committee
directs that no entry with respect to the reprimand
be made; and
(f) such other information in addition to that set out in
clauses (a) to (e) as is prescribed. "^'
Inspection (4) Any pcrson has the right, during normal business hours,
to inspect the registers maintained by the Registrar.
Copies (5) The Registrar shall provide to any person, upon pay-
ment of a reasonable charge therefor, a copy of any part of
the registers maintained by the Registrar.
Board 3, — (1) jhc Board of Funeral Services, a body corporate,
is continued as a corporation without share capital.
Principal
object
Additional
objects
(2) The principal object of the Board is to regulate the
practices of funeral directors and persons who operate funera
establishments and transfer services in accordance with thii
Act, the regulations and the by-laws in order that the publi
interest may be served and protected.
(3) For the purpose of carrying out its principal object, th(
Board has the following additional objects:
1. To establish, maintain and develop standards
knowledge and skill among funeral directors an
persons who operate funeral establishments an
transfer services.
o
2. To establish, maintain and develop standards of
qualification and standards of practice for funeral
directors and persons who operate funeral establish-
ments and transfer services.
3. To establish, maintain and develop standards of
professional ethics among funeral directors and per-
sons who operate funeral establishments and trans-
fer services.
4. To administer the Compensation Fund.
5. To oversee and inspect trust accounts that funeral
establishments and transfer services are required by
law to establish or maintain.
6. To mediate complaints between consumers and
licensees.
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 5
7, To establish and develop standards for funeral
establishments.
8. To perform such other duties and exercise such
other powers as are imposed or conferred on the
Board by or under any Act.
(4) For the purpose of carrying out its objects, the Board Capacity and
has the capacity and the powers of a natural person. ^ard^ °
(5) The Board shall, Duties of
^ ' Board
(a) review the operation of this Act and the regulations
and make recommendations to the Minister there-
on;
(b) approve or set courses of study and examinations
for the qualification of applicants for licences; and
(c) carry out such duties as are prescribed.
4. — (1) The Board shall be composed of the following Composition
members appointed by the Lieutenant Governor in Council:
1. A prescribed number of funeral directors, one of
whom,
i. is not licensed to operate a funeral establish-
ment,
ii. is not a director of a corporation that is
licensed to operate a funeral establishment,
and
iii. does not direct the operation of a funeral
establishment.
2. A prescribed number of persons who are not
funeral directors.
(2) The members of the Board shall be appointed to hold Term of
office for a term not exceeding three years and may be reap- ^ "^^
pointed for further successive terms, but shall not be
appointed or reappointed for more than six successive years.
(3) A vacancy on the Board caused by the death, resigna- vacancy
tion, removal or incapacity to act of a member may be filled
by the appointment by the Lieutenant Governor in Council of
a person to hold office for the unexpired portion of the term
of office of such member.
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Quorum
Officers
(4) Five members of the Board, at least two of whom shall
be members appointed under paragraph 2 of subsection (1),
constitute a quorum.
(5) The Board shall appoint a chairperson and vice-chair-
person and such other officers as are considered necessary
from among the members of the Board.
Expenses and
remuneration
of members
of Board
(6) The members of the Board,
(a) appointed under paragraph 1 of subsection (1) shall
be paid by the Board such expenses and remunera-
tion as are prescribed; and
(b) appointed under paragraph 2 of subsection (1) shall
be paid, out of the moneys appropriated therefor by
the Legislature, such expenses and remuneration as
are determined by the Lieutenant Governor in
Council.
Staff
Meetings of
Board
(7) The Board may employ such employees and retain such
assistance as is necessary to perform the work of the Board
and may determine their salary, remuneration and terms anc
conditions of employment.
(8) The Board shall meet at least four times a year.
(9) The members of the Board who were in office immedi-
in
Continuation
members ately before the coming into force of this Act are continued
office until the expiration of their terms or until their offices
otherwise become vacant.
Annual
report
Idem
(10) The Board shall deliver to the Minister each year an
annual report on the affairs of the Board and on the operation
of the Compensation Fund.
(11) The Minister shall submit the annual report to the
Lieutenant Governor in Council and shall then lay the report
before the Assembly if it is in session or, if not, at the next
session.
Powers of
Minister
5. The Minister may, in addition to any other powers and
duties conferred on the Minister by or under any Act,
(a) review the activities of the Board;
(b) request the Board to undertake activities that, in
the opinion of the Minister, are necessary and
advisable to carry out the intent of this Act;
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30
(c) advise the Board with respect to the implementa-
tion of this Act and the regulations and with respect
to the methods used or proposed to be used by the
Board to implement policies and to enforce its
by-laws and procedures.
6. — (1) The Board may pass by-laws relating to the admin- By-laws
istrative and domestic affairs of the Board not inconsistent
with this Act and the regulations and, without limiting the
generality of the foregoing,
1. specifying the seal of the Board;
2. providing for the execution of documents by the
Board;
3. respecting banking and finance;
4. fixing the financial year of the Board and providing
for the audit of the accounts and transactions of the
Board;
5. respecting the calling, holding and conducting of
meetings of the Board and committees of the Board
and the duties of members of the Board and com-
mittees of the Board;
6. providing for a code of ethics;
7. delegating to the Executive Committee such powers
and duties of the Board as are set out in the by-
laws, other than the power to make, amend or
revoke regulations and by-laws;
8. respecting the calling, holding and conducting of
meetings of licensees;
9. providing for the use of forms;
10. providing procedures for the making, amending and
revoking of the by-laws;
11. respecting management of the property of the
Board;
12. providing for the appointment, composition, powers
and duties of committees in addition to those com-
mittees established under subsection 7 (1);
8 Bill 30 FUNERAL DIRECTORS & ESTABLISHMENTS 1989
13. respecting the application of the funds of the Board
and the investment and reinvestment of any of its
funds not immediately required, and for the safe-
keeping of its securities;
14. respecting membership of the Board in other organ-
izations, the payment of annual assessments and,
provision for representatives at meetings;
15. respecting the appointment of inspectors by the
Registrar for the purposes of this Act;
16. providing for meetings of the Board and commit-
tees, except in a proceeding in respect of a licencCj
by means of conference telephone or other commu^
nications equipment by means of which all persons
participating in the meeting can hear each otherj
and a member of the Board or committee particle
pating in a meeting in accordance with such by-lav(
shall be deemed to be present in person at th(
meeting;
17. providing that the Board or a committee may ac
upon a resolution consented to by the signatures o
all members of the Board or the committee excep
in a proceeding in respect of a licence, and a resolu-
tion so consented to in accordance with such a by
law is as valid and effective as if passed at a meetinj
of the Board or the committee duly called, consti
tuted and held for that purpose;
18. providing for the payment of necessary expenses o:
the Board and committees of the Board in the con
duct of their business;
19. providing for the Board to enter into arrangement
on behalf of licensees with respect to the bonding o
licensees and requiring the payment and remittance
of premiums in connection therewith, setting levies
that shall be paid by licensees and exempting licen
sees or any class thereof from all or any part of suet
levy;
20. providing for the establishment of group insurance
plans, other than for professional liability, in which
licensees may participate on a voluntary basis;
21. regarding such other matters as are entailed in car-
rying on the business of the Board.
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 9
(2) A copy of the by-laws made under subsection (1) and Distribution
J y \u 4. ^ ^ of by-laws
amendments thereto, '
(a) shall be forwarded to the Minister;
(b) shall be forwarded to each licensee; and
(c) shall be available for public inspection in the office
of the Board.
(3) At any time before or after receiving a copy of a by-law Minister may
made under subsection (1), the Minister may, by an order in amend °^
writing, revoke or amend the by-law. by-laws
(4) Despite subsection (3), a by-law is effective until so ^''em
revoked or amended by the Minister and no act done or right
acquired under any such by-law before revocation or amend-
ment by the Minister is prejudicially affected by the revoca-
tion or amendment.
7. — (1) The Board shall establish and appoint the follow- Estabiish-
^ '.^^ ^^ ment of
ing committees: committees
1. Executive Committee.
2. Licensing Committee.
3. Complaints Committee.
4. Discipline Committee.
5. Compensation Fund Committee.
(2) The Board may establish such other committees in addi- '''em
tion to those established under subsection (1) as the Board
from time to time considers necessary.
(3) If one or more vacancies occur in the membership of a vacancies
committee, the members remaining constitute the committee
so long as their number is not fewer than a quorum of the
committee.
8. — (1) The Executive Committee shall be composed of Executive
three persons who are members of the Board, one of whom
shall be a person appointed under paragraph 2 of subsection
4(1).
(2) The Board shall name one member of the Executive chairperson
Committee to be chairperson. -^^
10
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Quorum Q) Two members of the Executive Committee constitute a
quorum.
Powers of
Executive
Committee
(4) The Board may delegate to the Executive Committee
the authority to exercise any power or perform any duty of
the Board, other than to make, amend or revoke a by-law.
Urgent
matters
Licensing
Committee
Chairperson
Quorum
Complaints
Committee
Chairperson
Quorum
Discipline
Committee
Chairperson
(5) Subject to ratification by the Board at its next ensuing
meeting, the Executive Committee may take action upon any
other matter that requires immediate attention between meet-
ings of the Board, other than to make, amend or revoke a
by-law.
9. — (1) The Licensing Committee shall be composed of
three persons who are members of the Board, one of whom
shall be a person appointed under paragraph 2 of subsection
4 (1).
(2) The Board shall name one member of the Licensing
Committee to be chairperson.
(3) Two members of the Licensing Committee constitute a
quorum.
10. — (1) The Complaints Committee shall be composed of
three persons who are members of the Board, one of whom
shall be a person appointed under paragraph 2 of subsection
4(1).
(2) The Board shall name one member of the Complaints
Committee to be chairperson.
(3) Two members of the Complaints Committee constitute
a quorum.
11. — (1) The Discipline Committee shall be composed of
four members of the Board, two of whom shall be persons
appointed under paragraph 2 of subsection 4 (1).
(2) The Board shall name one member of the Discipline
Committee to be chairperson.
Quorum (3) Three members of the Discipline Committee constitute
a quorum.
Majority vote (4) All disciplinary decisions of the Discipline Committee
require the vote of a majority of the members of the Disci-
pline Committee present at the hearing.
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 11
(5) If the Discipline Committee commences a hearing and a Disability of
member of the Discipline Committee is unable to continue to ""^"^ ^^
act, the remaining members may complete the hearing despite
the absence of the member,
12. — (1) The Compensation Fund Committee shall be Compen-
composed of three persons who are members of the Board, committee
two of whom shall be persons appointed under paragraph 2 of
subsection 4 (1),
(2) The Board shall name one member of the Compensa- Chairperson
tion Fund Committee to be chairperson.
(3) Two members of the Compensation Fund Committee Quorum
constitute a quorum.
13. — (1) The Licensing Committee shall consider all mat- Powers and
ters that are referred to it by the Registrar under section 22. uci^siSg
Committee
(2) The Licensing Committee may make recommendations Recommen-
to the Registrar with respect to, '*^"°"'
(a) the eligibility of an applicant for a licence or a
renewal of a licence;
(b) issuing or refusing to issue a licence to an applicant
for a licence or a renewal of a licence;
(c) issuing a licence or a renewal of a licence to an
applicant subject to conditions;
(d) suspending or revoking the licence of a licensee;
(e) the desirability of requiring an applicant for a
licence or a renewal of a licence or a licensee to
take and pass such additional training or part
thereof that may be prescribed; or
(f) exempting an applicant for a license or a renewal of
a licence or a licensee from any licensing require-
ment.
14. — (1) The Complaints Committee shall consider and Duties of
investigate complaints regarding the conduct or actions of any commfttee
licensee, but no action shall be taken by the Complaints Com-
mittee under subsection (2) unless,
(a) a written complaint has been filed with the Regis-
trar and the licensee whose conduct or actions are
being investigated has been notified of the com-
12
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
plaint and given at least two weeks in which to sub-
mit in writing to the Committee any explanations or
representations the licensee may wish to make con-
cerning the matter; and
Idem
(b) the Committee has examined or has made every
reasonable effort to examine all records and other
documents relating to the complaint.
(2) The Complaints Committee in accordance with the
information it receives may,
(a) consider all or part of the matter;
(b) direct that all or part of the matter be referred to
the Discipline Committee; and
(c) subject to subsection (9), take or recommend such
action that it considers appropriate in the circum-
stances and that is not inconsistent with this Act,
the regulations or the by-laws.
Decisions (3) xhc Complaiuts Committee shall advise the Registrar in
and reasons i^/ ^ ,, \. ., ... 1 1 •
writing of the action it proposes to take or recommend and its
reasons therefor.
Notice
(4) Subsections (3) and (6) do not apply to a matter that is ,
referred to the Discipline Committee. ^
Hearing (5^ j\^q Complaiuts Committee is not required to hold a
hearing or to afford any person an opportunity for a hearing
or to make oral submissions before it prior to it taking action
or making a recommendation under this section.
Notice (^5^ Yhe Registrar shall send to the complainant and to the
person complained against by prepaid first class mail a copy of •
the proposal of the Complaints Committee and its reasons
therefor, if any, together with notice that informs the person
to whom it is sent that the person is entitled to a hearing by
the Tribunal if the person mails or delivers to the Registrar
and to the Tribunal, within fifteen days after the notice is
served on the person, notice in writing requiring a hearing and
the person may so require such a hearing.
No hearing (7) jf ^ complainant or the person complained against does
not require a hearing by the Tribunal, the Complaints Com-
mittee may carry out the proposal stated in the notice to the
complainant or the person complained against.
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
13
(8) If the complainant or the person complained against Hearing
requires a hearing, the Tribunal shall appoint a time for and
hold a hearing.
(9) After holding a hearing, the Tribunal may by order Of'ier
direct the Complaints Committee to carry out the proposal or
refrain from carrying out the proposal and to take such action
as the Tribunal considers the Complaints Committee ought to
take in accordance with this Act and the regulations and, for
such purposes, the Tribunal may substitute its opinion for that
of the Complaints Committee.
(10) The Tribunal may attach such conditions to its order as Conditions
it considers proper to give effect to the purposes of this Act.
(11) The Registrar, the person who required the hearing Ponies
and such other persons as the Tribunal may specify are parties
to proceedings before the Tribunal under this section.
15. Despite subsection 14 (1), the Board or the Executive Reference by
Committee may direct the Discipline Committee to hold a Executive
hearing and determine any allegation of professional miscon- Committee
duct or incompetence on the part of a funeral director.
16. — (1) The Discipline Committee shall,
(a) when so directed by the Board, Executive Commit-
tee or Complaints Committee, hear and determine
allegations of professional misconduct or incompe-
tence against a funeral director;
Duties of
Discipline
Committee
(b) hear and determine matters referred to it by the
Board, Registrar, Executive Committee or Com-
plaints Committee under this Act with respect to
funeral directors; and
(c) perform such other duties as are assigned to it by
the Board.
(2) A funeral director may be found guilty of professional ^';°j^^^„^^°'^f'
misconduct by the Discipline Committee if, ""^ "" " '
misconduct
(a) the funeral director has been found guilty of an
offence that is relevant to the funeral director's suit-
ability to practise as a funeral director, upon proof
of such conviction; or
(b) the funeral director has been guilty in the opinion of
the Discipline Committee of professional miscon-
duct as prescribed.
14 Bill 30 FUNERAL DIRECTORS & ESTABLISHMENTS 1989
Incompetence (3) xhc Discipline Committee may find a funeral director
to be incompetent if in its opinion,
(a) the funeral director has displayed in the providing
or in directing the providing of funeral services or
funeral supplies or in performing or supervising the
performing of an embalming, a lack of knowledge,
skill or judgment of a nature or to an extent that
demonstrates the funeral director is unfit to con-
tinue as a funeral director;
(b) the funeral director is suffering from a physical or
mental condition or disorder of a nature and extent
that makes it desirable in the interest of the public
that the funeral director no longer be permitted to
continue as a funeral director.
Examinations Q) jf the Discipline Committee is required to hear and
determine allegations of incompetence under clause (3) (b),
the Discipline Committee may require the funeral director
who is the subject of the hearing to submit to a physical or
mental examination, or both, by such persons as the Board
designates.
Suspension of (5) jf a funeral director fails to submit to an examination
licence \^^'
required under this section, the Discipline Committee may
order that the licence of the funeral director be suspended
until the funeral director submits to the examination.
Evidence (5) \ legally quaUficd medical practitioner who conducts a
physical or mental examination required under this section is
not compellable to produce at the hearing his or her case his-
tories, notes or any other records that may constitute medical
evidence.
Report Q) ^ persou who conducts an examination under this sec-
tion shall upon completing the examination forthwith prepare
and deliver to the Registrar a report that contains facts, find-
ings and conclusions and suggested treatment, if any.
''*«'" (8) A report that is prepared as a result of an examination
that is conducted under this section shall be delivered by the
Registrar to the funeral director,
(a) if the examination is required prior to the hearing,
at least five days prior to the commencement of the
hearing; or
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
15
(b) if the examination is required during the course of
the hearing, at least five days prior to its introduc-
tion as evidence.
(9) A report that is prepared as a resuh of an examination wem
that is conducted under this section is receivable as evidence
without proof of its making or the signature of the person
making the report.
(10) A party to the hearing who is not tendering a report as R'ght ^
evidence has the right to summon and cross examine the per
son who made the report on the contents of the report. -^
cross
examine
(U) If the Discipline Committee finds a funeral director Powers of
guilty of professional misconduct or incompetence, it may by commttee
order do any of the following things or any combination of the
following things:
1 . Revoke the licence of the funeral director.
2. Suspend the licence of the funeral director for a
stated period.
3. Impose restrictions on the licence of the funeral
director for a period and subject to the conditions
specified by the Discipline Committee.
4. Reprimand the funeral director.
5. Impose such fine as the Discipline Committee con-
siders appropriate to a maximum of $10,000 to be
paid by the funeral director to the Treasurer of
Ontario for payment into the Consolidated Revenue
Fund.
6. Direct that the imposition of a penalty be sus-
pended or postponed for the period and upon the
terms specified by the Discipline Committee.
(12) If the Discipline Committee imposes a fine or repri- Entry on
mands a funeral director, the Discipline Committee may ^^^^^^^^
direct that the fine or the reprimand not be entered in the
applicable register. ^A^
(13) If the Discipline Committee is of the opinion that the Costs
commencement of the proceedings was unwarranted, the
Committee may order that the Board reimburse the funeral
director for the funeral director's costs or such portion thereof
as the DiscipUne Committee fixes.
16
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Stay on
appeal for
incompetence
(14) If the Discipline Committee revokes, suspends or
restricts a licence on the grounds of incompetence, the deci-
sion takes effect immediately despite the fact that an appeal is
taken from the decision, unless the Tribunal otherwise orders
and, where the Tribunal is satisfied that it is appropriate in
the circumstances, the Tribunal may so order. -^^
Stay on
appeal for
professional
misconduct
(15) If the Discipline Committee revokes, suspends or
restricts a licence on grounds other than for incompetence, the
order does not take effect until the time for appeal from the
order has expired without an appeal being taken or, if taken,
the appeal has been disposed of or abandoned, unless the Dis-
cipline Committee otherwise orders, and, where the Commit-
tee considers that it is appropriate for the protection of the
public, the Committee may so order.
Service of
decision of
Discipline
Committee
(16) If the DiscipHne Committee finds a funeral director
guilty of professional misconduct or incompetence, a copy of
the decision shall be served upon the person complaining in
respect of the conduct or action of the funeral director.
Continuation
on expiry of
Committee
membership
(17) If a proceeding is commenced before the Discipline
Committee and the term of office on the Board or on the
Committee of a member sitting for the hearing expires or is
terminated before the proceeding is disposed of but after evi-
dence has been heard, the member shall be deemed to remain
a member of the Discipline Committee for the purpose of
completing the disposition of the proceeding in the same man-
ner as if his or her term of office had not expired or been ter-
minated.
Parties to
discipline
proceedings
17. — (1) In proceedings before the Discipline Committee,
the Board and the funeral director whose conduct is being
investigated in the proceedings are parties to the proceedings.
Examination
of
documentary
evidence
(2) A funeral director whose conduct is being investigated
in proceedings before the Disciphne Committee shall be
afforded an opportunity to examine before the hearing any
written or documentary evidence that will be produced or any
report the contents of which will be given in evidence at the
hearing.
Members
holding
hearing not
to have
taken part in
investigation,
etc.
(3) Members of the Discipline Committee holding a hear-
ing shall not have taken part before the hearing in any investi-
gation of the subject-matter of the hearing other than as a
member of the Board considering the referral of the matter to
the Discipline Committee or at a previous hearing of the
Committee.
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
17
(4) Members of the Discipline Committee shall not commu-
No
nicate directly or indirectly in relation to the subject-matter of catToT"'
the hearing with any person or with any party or representa-
tive of a party except upon notice to and opportunity for all
parties to participate.
(5) The Discipline Committee may seek legal advice from Advice
an adviser independent from the parties and, in such case, the
nature of the advice shall be made known to the parties in
order that they may make submissions as to the law.
(6) The oral evidence taken before the Discipline Commit- Recording of
tee shall be recorded and, if so required, copies or a transcript
thereof shall be furnished only to the parties at the cost to the
parties.
(7) Documents and things put in evidence at a hearing of Release of
the Discipline Committee shall, upon the request of the per- evkience^^'^
son who produced them, be released to the person by the
Committee within a reasonable time after the matter in issue
has been finally determined.
18. — (1) A party to proceedings before the Discipline Appeal to
Committee may appeal from its decision or order to the
Tribunal.
(2) Subsections 14 (6) to (11) apply with necessary modifi- Application
cations to an appeal to the Tribunal from a decision or order
of the Discipline Committee.
19. — (1) No person shall act or imply that the person is Licence
available to act as
licensed to do so.
a funeral director unless the person is
required
(2) No person shall operate or imply that the person is i^em
available to operate a funeral establishment unless the person
is licensed to do so.
(3) No person shall operate or imply that the person is I'^em
available to operate a transfer service unless,
(a) the person is licensed to do so; or
(b) the person is licensed to operate a funeral establish-
ment and the transfer service is operated as part of
the normal operation of the funeral establishment.
(4) No person other than a funeral director who is licensed w^m
to do so shall perform or imply that the person is available to
perform embalming.
18
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Place of
business
Funeral
services
(5) No person shall operate a funeral establishment or
transfer service except at a place that is named in the licence
of the person.
(6) No funeral director shall offer funeral services except
through a licensed funeral establishment.
Idem (7) No funeral director shall offer funeral services to the
public except through an operator of a funeral establishment
who is licensed to do so.
Funeral (g) No Operator of a funeral establishment shall employ a
establishment p^j-^^j^ ^^ ^ funeral director unless the person is licensed as a
funeral director.
Direction and
management
(9) Every operator of a funeral establishment shall ensure
that the funeral establishment is managed and directly super-
vised by a funeral director who is responsible for the conduct
or misconduct of any person to whom the funeral director
delegates responsibilities.
Idem
Corporation
(10) No funeral director shall manage and directly super-
vise the operation of more than one funeral establishment
except as prescribed.
(11) Each corporation that is licensed to operate a funeral
establishment shall ensure that at least one of the directors of
the corporation is a funeral director.
Exceptions (12) Subscctions (1) and (4) do not apply,
(a) to a student in a training program who is working
under the supervision and in the presence of a
funeral director; or
(b) to a student who is enrolled in a recognized course
of funeral services education and who is working
under the supervision and in the presence of the
instructor of the course.
Idem
(13) Subsection (4) does not apply to a person employed in
a recognized school of medicine or anatomy while so
employed.
Application 20. — (1) A persou may apply to the Registrar for a licence
to operate a funeral establishment or to operate a transfer
service.
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 19
(2) A person who has successfully completed the educa- Jdem
tional requirements that are prescribed may apply to the
Registrar for a licence as a funeral director.
(3) An applicant is entitled to a licence or a renewal of a Requirement
licence as a funeral director or to operate a funeral establish-
ment or to operate a transfer service except if,
(a) the applicant cannot reasonably be expected to be
competent or financially responsible in the conduct
of the applicant's business;
(b) the past or present conduct of the persons referred
to in subsection (4) affords reasonable grounds for
belief that the applicant will not operate in accord-
ance with the law and with integrity and honesty;
(c) the applicant or an employee or agent of the appli-
cant makes a false statement or provides a false
statement in an application for a licence;
(d) the applicant is carrying on activities that are, or
will be if the applicant is licensed, in contravention
of this Act or the regulations;
(e) the applicant will, if licensed, be carrying on activi-
ties under this Act and the regulations that are in
contravention of another Act or a municipal by-law;
or
(f) in the case of a corporation that operates a funeral
establishment, no director of the corporation is a
funeral director.
(4) Clause (3) (b) applies to the following persons: J'lem
1. The applicant.
2. An officer or director of the applicant.
3. A person holding more than 10 per cent of the
equity shares of the applicant or an officer or direc-
tor of such person.
4. Any person having a beneficial interest in the oper-
ation of the business of the applicant or licensee.
(5) The Registrar shall issue a licence as a funeral director, '«»"«
to operate a funeral establishment or to operate a transfer ser-
vice, as the case requires, to every applicant therefor who
20
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Conditions
Refusal to
issue
Refusal to
renew
pays the fee that is prescribed, complies with this Act and the
regulations and is not disentitled under subsection (3).
(6) A licence is subject to such conditions as may be con-
senTed to by the applicant, imposed by the Tribunal or pre-
scribed.
21. — (1) Subject to section 22, the Registrar may refuse to
issue a licence to an applicant if the applicant is not entitled to
a licence under subsection 20 (3).
(2) Subject to section 22, the Registrar may refuse to renew
or may suspend or revoke a licence,
(a) for any reason that would disentitle the licensee to a
licence under subsection 20 (3) if the licensee were
an applicant;
(b) if the licensee is in breach of a condition of the
licence; or
Fees
Proposal
Notice
No hearing
Hearing
(c) if the licensee is a corporation and the shareholders
of the corporation have changed in the manner anc
to the extent prescribed.
(3) Subject to section 22, the Registrar shall refuse to issue
or renew a licence if the applicant has not paid the fee that iS
prescribed. ^
22. — (1) If the Registrar proposes to refuse to issue oi
renew a licence, proposes to issue a licence subject to condi-
tions or proposes to suspend or revoke a licence, the Registrar
shall serve notice of the proposal, together with written rea-
sons therefor, on the applicant or the licensee.
(2) A notice under subsection (1) shall inform the applicant
or licensee that the applicant or licensee is entitled to a hear-
ing by the Tribunal if the applicant or licensee mails or deliv-
ers to the Registrar and to the Tribunal, within fifteen days
after the notice is served on the applicant or licensee, notice
in writing requiring a hearing and the applicant or licensee
may so require such a hearing.
(3) If an applicant or licensee does not require a hearing by
the Tribunal, the Registrar may carry out the proposal stated
in the notice to the applicant or licensee.
(4) If an applicant or licensee requires a hearing, the
Tribunal shall appoint a time for and hold a hearing.
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
21
(5) After holding a hearing, the Tribunal may by order order
direct the Registrar to carry out the proposal or refrain from
carrying out the proposal and to take such action as the Tribu-
nal considers the Registrar ought to take in accordance with
this Act and the regulations and for such purposes the Tribu-
nal may substitute its opinion for that of the Registrar.
(6) The Tribunal may attach such conditions to its order or Conditions
to the licence as it considers proper to give effect to the pur-
poses of this Act.
(7) The Registrar, the applicant or licensee who has
required the hearing and such other persons as the Tribunal
may specify are parties to proceedings before the Tribunal
under this section.
Parties
(8) The Registrar may cancel a licence upon the request in Cancellation
writing of the licensee and the surrender of the licence by the
licensee.
(9) The Registrar may refer any matter that deals with Referral
licensing to the Licensing Committee for their recommenda-
tions.
23. — (1) A person who is refused a licence or who is Application
refused a renewal of a licence may apply in writing to the
Registrar for the issuance of a licence only if at least one year
has passed since the refusal.
(2) A person whose licence is revoked under this Act or
whose registration was cancelled under a predecessor of this
Act may apply in writing to the Registrar for the issuance of a
licence only if at least one year has passed since the revoca-
tion or cancellation.
Idem
(3) A person whose licence is suspended under this Act or ^^^^
whose registration was suspended under a predecessor of this
Act, for more than one year, may apply in writing to the Reg-
istrar for the removal of the suspension only if at least one
year has passed since the suspension.
24. — (1) If the Registrar proposes to suspend or revoke a Temporary
licence, the Registrar may, if the Registrar considers it to be
necessary in the public interest, by order, temporarily suspend
the licence and the order shall take effect immediately.
(2) If a hearing is required with respect to a proposal to Hearing
suspend or revoke a licence, the order expires fifteen days
after the date of the notice requiring the hearing unless the
hearing is commenced, in which case the Tribunal holding the
22
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
No licence
Stay
R.S.O. 1980,
c. 274
Continuation
Advertising
Compliance
with order
Appeal
hearing may extend the time of expiration until the hearing is
concluded.
(3) If the Registrar by order temporarily suspends a licence
under this section or section 22. the licensee shall during the
term of the suspension be considered not to be licensed under
this Act.
25. Despite the fact that a licensee appeals from an order
of the Tribunal under section 11 of the Ministry of Consumer
and Commercial Relations Act, the order takes effect immedi-
ately but the Tribunal may grant a stay until the disposition of
the appeal.
26. If in the time prescribed therefor or, if no time is pre-
scribed before the expiry of the licensee's licence, a licensee
applies in the manner prescribed for renewal of the licence
and pays the fee prescribed, the licence shall be deemed to
continue,
(a) until the renewal is granted; or
(b) if the licensee is served with a notice that the Regis-
trar proposes to refuse to grant the renewal, until
the time for giving notice requiring a hearing has
expired and, if a hearing is required, until the
Tribunal has made its order.
27. — (1) If the Director or the Registrar believes, on rea-
sonable and probable grounds, that a person licensed under
this Act has made a false or misleading public representation
or that a representation is in contravention of this Act or the
regulations, the Director or the Registrar shall order the per-
son to stop making the representation and in the order shall
set out the reasons for the order.
(2) A person who receives an order under subsection (1)
shall immediately comply with the order and shall refrain from
making the representation, in any form, in the future.
(3) Any person who receives an order under subsection (1)
may appeal the order to the Tribunal.
Stay of order (4) The Tribunal may issue a stay of any order made by the
Director or Registrar under subsection (1).
Repayment 28. If a pcrson is entitled to the repayment of money paid
for or on account of funeral services, the operator of the
funeral establishment, the funeral director who managed or
manages the operation of the funeral establishment and any
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
23
funeral director in the employ of the operator of the funeral
establishment who received the money or any part thereof are
liable jointly and severally with any other person who is liable
for the repayment of the money.
29. A licence is not required with respect to rites and cer- Place of
emonies traditionally provided at a place of worship. ^""^^ '^
30. — (1) No person other than a person who is licensed to Prepaid
operate a funeral establishment or a transfer service and who
is a participant in good standing in the Compensation Fund
shall enter into or offer to enter into a prepaid contract with a
purchaser.
(2) Subsection (1) does not apply to a person selling funeral wem
supplies under the authority of the Cemeteries Act, 1989. i989, c. ...
31. — (1) No licensee shall enter into a prepaid contract Contracts
that contains a provision for the payment of interment rights
in a cemetery lot.
(2) All goods or services for which a licensee accepts pay- One contract
ment in respect of one beneficiary shall be included in one
prepaid contract.
(3) No licensee shall enter into a prepaid contract that Guarantee
guarantees the price of any goods or services in the contract
unless the price of all goods and services included in the con-
tract are guaranteed.
32. — (1) Prior to the death of the beneficiary, the pur-
chaser or a person designated in the contract by the purchaser
may cancel the contract at any time. '^'
Cancellation
(2) Prior to the death of the beneficiary but after the death i^em
of the purchaser, the beneficiary or the beneficiary's personal
representative may cancel the contract at any time.
(3) After the death of the beneficiary, only the beneficiar- ^^^^
y's personal representative may at any time cancel the con-
tract prior to the delivery of all the services contracted for.
(4) Subsections (1), (2) and (3) apply to contracts entered i^em
into before this Act comes into force.
33. No person shall charge or accept any payment with Prearrange-
respect to a prearrangement.
34. — (1) Every person who receives a payment under a Trust
prepaid contract shall hold the amount of the payment
24
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Cancellation
together with all income accrued thereon in trust until it is dis-
bursed in accordance with this Act and the regulations.
(2) If a prepaid contract is cancelled, the person holding
the funds in trust under the contract shall forthwith pay the
funds and all income accrued thereon to,
(a) if the prepaid contract is cancelled prior to the
death of the beneficiary, the purchaser or the per-
son set out in the contract;
(b) if the prepaid contract is cancelled prior to the
death of the beneficiary but after the death of the
purchaser, the beneficiary; or
(c) if the prepaid contract is cancelled after the death of
the beneficiary, the estate of the beneficiary.
Deductions
(3) If a prepaid contract is cancelled after thirty days of the
entering into of the contract,, the person paying under sub-
section (2) may deduct from the amount paid such fees as are
prescribed.
Application
Repayment
Costs
(4) Subsection (1) does not apply to a payment made to an
insurer under an insurance contract or plan.
35. — (1) If a prepaid contract is fulfilled, the balance, if
any, of the prepayment funds that are in excess of the cost of
delivering the services and supplies contracted for shall be
paid to the beneficiary's estate forthwith despite any contrary
provision in the contract.
(2) The cost of delivering the services and supplies required
under a prepaid contract shall not exceed the amount that
would otherwise be charged for the same services and supplies
if there had not been prepayment.
Contract
requirements
36. — (1) A prepaid contract is not enforceable by an oper-
ator of a funeral establishment or transfer service unless,
(a) it is written, signed by both parties and complies
with the regulations;
(b) it sets out the purchaser's cancellation rights under
this Act; and
(c) the operator delivers a signed copy of the contract
to the purchaser at the time the contract is made.
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 25
(2) An operator of a funeral establishment or transfer ser- Refund with
interest
vice who receives money under a contract that is not enforce-
able because of the application of this section shall refund to
the purchaser, immediately upon written demand, with inter-
est at the prescribed rate, all money received.
(3) Subsection (2) does not apply after the supplies and ser- Exception
vices have been provided under the contract.
37. Every licensee shall make such information as is pre- P"''!''^ .
scribed available to the public in the manner and form pre- '"°™^'°"
scribed.
38. — (1) No person shall contact, in any way, a person in Soliciting
a hospital, nursing home or such other institution as is pre- ''^ ' "^
scribed for the purpose of suggesting that a contract be made.
(2) No person shall contact, by telephone or in person, a i^^em
person for the purpose of suggesting that a contract be made.
(3) This section does not prohibit. Exception
(a) a contact made at the request of the person being
contacted; or
(b) a contact with a licensee.
39. — (1) No person shall operate a funeral establishment Prohibition
or transfer service in conjunction with the owner of a ceme-
tery or crematorium in a manner that is prescribed.
(2) No person shall operate a funeral establishment or ^^^™
transfer service from locations that are prescribed.
40. — (1) If the Director or the Board is of the opinion that Restraining
a person is not complying with this Act or the regulations,
despite the imposition of a penalty in respect of the non-
compliance and despite the fact that another remedy may be
available, the Director or the Board may apply to a judge of
the High Court for an order directing the person to comply.
(2) Upon an application under subsection (1), the judge ^^^^
may make the order applied for or such other order as the
judge thinks appropriate.
(3) An appeal lies to the Divisional Court from an order i^em
made under subsection (2).
41. — (1) If the Director has reasonable and probable Freezing
grounds to believe that a licensee is doing or is about to do
26
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
something that will jeopardize the public interest, the Director
may direct any person holding, having on deposit or control-
ling assets of the licensee or trust funds under the control of
the licensee to hold the assets or trust funds until further
instructions are received from the Director to release a partic-
ular asset or trust fund from the direction.
Scope of
direction
(2) In the case of a bank or a corporation, a direction
under subsection (1) applies only to the offices, branches or
agencies thereof named in the direction.
Application (3) Any pcrson named in a direction issued under sub-
section (1), if in doubt as to the application of the direction to
particular assets or trust funds, may apply to the Director for
an order of clarification.
Revocation
or
amendment
of direction
(4) On an application of a licensee or any other person hav-
ing an interest therein, the Director may make an order on
such conditions as are set out in the order revoking the direc-
tion or consenting to the release of a particular asset or trust
fund from the direction.
Appeal (5) A person affected by a direction or order of the Direc-
tor made under this section or a refusal to make an order may
appeal to the Tribunal.
Application (5) Subsections 14 (6) to (11) apply with necessary modifi-
cations to an appeal to the Tribunal from a direction or order
of the Director.
Inspectors 42. — (1) The Registrar or a Director may appoint inspec-
tors for the purpose of determining whether there is compli-
ance with this Act and the regulations.
Certificate of (2) An inspector exercising a power under this Act shall, on
appomtment j-^q^gg^^ producc Ws or her certificate of appointment.
Inspections 43, — (J) por the purposc of ensuring compliance with this
Act and the regulations, an inspector may,
(a) enter any place at any reasonable time;
(b) request the production for inspection of documents
or things that may be relevant to the inspection;
(c) inspect and, upon giving a receipt therefor, remove,
for the purpose of making copies or extracts, docu-
ments or things relevant to the inspection;
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 27
(d) inquire into negotiations, transactions, loans or bor-
rowings of a licensee and into assets owned, held in
trust, acquired or disposed of by a licensee that are
relevant to an inspection;
(e) conduct such tests as are reasonably necessary: and
(f) remove materials or substances for examination or
test purposes subject to the licensee or other occu-
pant of the premises being notified thereof.
(2) Subsection (1) does not apply to confer a power of Entry to
entry to a room actually used as a dwelling without the con- '^'^^"'"^^
sent of the occupier.
(3) A justice of the peace may issue a warrant authorizing warrant
the person named in the warrant,
(a) to do anything set out in clause (1) (a), (c), (e) or
(f);
(b) to search for and seize any document or thing
relevant to the inspection; or
(c) to enter and search a room actually used as a
dwelling.
(4) A warrant may be issued under subsection (3) if the jus- Requirements
tice of the peace is satisfied on information under oath that, in S^s^S"^"^
the case of a warrant to be issued under,
(a) clause (3) (a), an inspector has been prevented from
doing anything permitted under clause (1) (a), (c),
(e) or (f) or there is reasonable ground to believe
that an inspector may be prevented from doing any
of those things;
(b) clause (3) (b), to search for and seize a document or
thing that there is reasonable ground to believe will
afford evidence relevant to a contravention of this
Act or the regulations; or
(c) clause (3) (c), it is necessary that a room actually
used as a dwelling be entered for the purposes of
carrying out an inspection or there is, in such a
room, a document or thing that there is reasonable
ground to believe is relevant to an inspection under
this Act.
28
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Execution of
warrant
Expiry
Notice not
required
Experts
(5) A warrant issued under this section shall specify the
hours and days during which it may be executed.
(6) Unless renewed, a warrant under this section expires
not later than thirty days after the date on which it is made.
(7) A warrant under this section may be issued or renewed
before or after expiry upon application without notice.
(8) An inspector is entitled to call upon such experts as are
necessary to assist the inspector in carrying out an inspection
under this Act.
Assistance
(9) A person doing anything under the authority of a war-
rant issued under this section is authorized to call on such
police officers to assist and to use such force as is necessary in
the execution of the warrant.
Copies (10) An inspector taking material in order to copy it shall
make the copy with reasonable dispatch and shall promptly
return the material taken.
Admissibility
of copies
Obstruction
of inspector
Facilitating
inspection
(11) Copies of, or extracts from, documents and things
removed under this section and certified as being true copies
of, or extracts from, the originals by the person who made
them are admissible in evidence to the same extent as, and
have the same evidentiary value as, the documents or things
of which they are copies or extracts.
44. — (1) No person shall obstruct an inspector in carrying
out an inspection under this Act or withhold, destroy, conceal
or refuse to provide any relevant information or thing
required for the purpose of the inspection.
(2) It is a condition of each licence issued under this Act
that the licensee facilitate an inspection relevant to the
licence.
Appointment
of receiver
and manager
45. — (1) The Director or Registrar may apply to a judge
or a local judge of the Supreme Court for the appointment of
a receiver and manager of an involved funeral establishment
or transfer service if,
(a) the Director or Registrar has reasonable and proba-
ble grounds to believe that a person licensed under
this Act has failed or is about to fail to provide con-
tracted and paid for funeral services to a client;
(b) the Director or Registrar is advised that a proposal
to suspend or revoke a licence under section 21 or
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
29
Idem
R.S.C. 1985,
c. B-3
to temporarily suspend a licence under section 24
has been made; or
(c) the Director has directed or is about to make a
direction under section 41.
(2) A judge, upon an application being made under sub-
section (1), without notice or, if the judge considers that
notice should be given, upon such notice as the judge stipu-
lates, may, if it is considered in the public interest and subject
to the Bankruptcy Act (Canada), appoint a receiver and man-
ager to take possession and control of the business of the per-
son in respect of whom an action referred to in subsection (1)
applies for a period not exceeding sixty days.
(3) An appointment made under subsection (2) may be Extension
extended, upon an application without notice, for an addi-
tional period not exceeding sixty days.
(4) A receiver and manager appointed under subsection (2) Receiver and
shall take possession and control of the assets of the business TSf^
and shall thereafter conduct the business and take such steps control
as in the opinion of the receiver and manager should be taken
toward its rehabilitation.
(5) For the purposes of subsection (4), the receiver and Wem
manager have all the powers of the board of directors of the
corporation, if the business is a corporation, or of a sole pro-
prietor or all partners if the business is not a corporation and,
without limiting the generality of the foregoing, the receiver
and manager may,
(a) exclude the directors, officers, servants and agents
of the business from the premises and property of
the business; and
(b) carry on, manage and conduct the operations of the
business and in the name of the business preserve,
maintain, realize, dispose of and add to the prop-
erty of the business and receive the incomes and
revenues of the business.
(6) An order made under this section may be enforced in Enforcement
the same manner as any order or judgment of the Supreme
Court and may be varied or discharged upon an application
made by notice.
(7) Upon an application being made under this section, the R^'^s of
rules of practice of the Supreme Court apply. practice
30 Bill 30 FUNERAL DIRECTORS & ESTABLISHMENTS 1989
Regulations 45, — (1) The Lieutenant Governor in Council may make
regulations,
1. prescribing the manner in which trust accounts shall
be kept and accounted for;
2. providing for the inspection of trust accounts;
3. prescribing the duties of depositories with respect to
trust funds held under this Act;
4. requiring receipts to be given by licensees with
respect to contracts;
5. providing for the establishment, maintenance and
administration of the Compensation Fund;
6. prescribing provisions that relate to the investing
and paying out of moneys from the Compensation
Fund;
7. providing for the payment of levies into the Com-
pensation Fund and prescribing the amounts of
levies;
8. providing for appeals from a refusal to pay out of
the Compensation Fund;
9. governing the powers and duties of the trustee
administering the Compensation Fund;
10. requiring the purchase of bonds for the purpose of
indemnifying the Compensation Fund;
11. prescribing the terms and amounts of bonds;
12. providing for payment out of the Compensation
Fund of claims and procedures to be followed with
respect thereto;
13. requiring participation in the Compensation Fund
by licensees;
14. on any matter relating generally to the purchase,
renewal or terms of a bond or the disposition of
payments received thereunder;
15. governing the form and content of contracts and
receipts, including the cancellation of contracts;
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 31
16. prescribing the terms that a contract shall be
deemed to contain;
17. prescribing conditions under which contracts may be
assigned and prohibiting assignments that are not in
accordance with the prescribed conditions;
18. regulating, limiting or prohibiting the soliciting of
contracts;
19. governing the term during which each class or type
of licence is valid;
20. exempting any person or thing or class of person or
thing from the application of any provision of this
Act or the regulations and prescribing conditions
for any exemption;
21. authorizing persons, other than funeral directors, to
perform specified acts in the providing of funeral
services under the supervision or direction of a
funeral director;
22. governing the books, accounts, records and infor-
mation that shall be kept by licensees and that shall
be filed with the Registrar;
23. prescribing fees and requiring the payment of fees;
24. prescribing forms and providing for their use;
25. prescribing educational requirements and testing
requirements on an initial and ongoing basis for
licensees and employees of licensees;
26. governing applications for licences and renewals of
licences;
27. prescribing classes of licences;
28. governing the requirements and qualifications for
the issuing of licences and prescribing the conditions
for obtaining and maintaining a licence;
29. governing standards of practice and operation for
licensees;
30. respecting the methods and materials that may be
used in providing funeral services;
32
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Limited
application
Retroactive
31. prohibiting or governing the advertising of funeral
services or funeral suppUes and prohibiting or gov-
erning the display of funeral supplies to the public;
32. governing the construction, location, equipment,
maintenance, repairs, additions and alterations to
funeral establishments and governing the informa-
tion, plans and materials to be furnished to the
Registrar with respect thereto;
33. governing the equipment and practices, including
hygienic practices, with respect to the embalming,
transportation, preparation and disposal of dead
human bodies;
34. regulating, controlling and prohibiting the use of
terms, titles or designations by licensees;
35. prescribing practices or actions that are evidence of
incompetence or lack of honesty and integrity;
36. governing the availability and display of funeral
services and funeral supplies;
37. prescribing specifications and minimum require-
ments for funeral services and funeral supplies;
38. prescribing, for any notice required to be given
under this Act, the type of notice and the manner in
which it is to be given;
39. governing the payment of money into and out of
trust funds, including the time within which and the
circumstances under which payments are to be
made;
40. providing for the maintenance and inspection of
registers of persons who are licensed;
41. prescribing anything that is referred to in this Act as
being prescribed.
(2) A regulation made under this Act may be of limited
application.
(3) A regulation made under this section may be retro-
active in effect and may apply to contracts entered into before
this Act comes into force.
Offence
47. — (1) Every person who,
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
33
(a) furnishes false, misleading or incomplete informa-
tion in an application under this Act or in a state-
ment or return required to be furnished under this
Act or the regulations;
(b) fails to comply with a direction or order made under
this Act; or
(c) contravenes any provision of this Act or the regu-
lations,
is guilty of an offence.
(2) Every director or officer of a corporation who concurs wem
in an offence under this Act is guilty of an offence.
(3) An individual who is convicted of an offence under this ^em
Act is liable to a fine of not more than $20,000 and on a sub-
sequent conviction to a fine of not more than $20,000 and to
imprisonment for a term of not more than one year.
(4) A corporation that is convicted of an offence under this ^'^em
Act is liable to a fine of not more than $40,000.
(5) No proceeding under this section shall be commenced Limitation
more than two years after the facts upon which the proceed-
ings are based first came to the knowledge of the Director.
(6) A statement as to the time when the facts upon which
proceedings are based first came to the knowledge of the
Director purporting to be certified by the Director is, without
proof of the office or signature of the Director, admissible in
evidence in any proceeding, in the absence of evidence to the
contrary, as evidence of the facts stated therein.
Certificate as
evidence
(7) If a person is convicted of an offence under this Act, Restitution
the court making the conviction may, in addition to any other
penalty, order the person convicted to make compensation or
restitution in relation thereto.
48. — (1) Every person employed in the administration of
this Act, including any person making an inspection under this
Act and any member of the Board or a committee of the
Board, shall preserve secrecy with respect to all matters that
come to the person's knowledge in the course of the person's
duties, employment, inquiry or inspection and shall not com-
municate any such information to any other person except,
Matters
confidential
34
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
(a) as may be required in connection with the adminis-
tration of this Act and the regulations or any pro-
ceedings under this Act or the regulations;
(b) to the person's counsel;
(c) with the consent of the person to whom the infor-
mation relates; or
Idem
Testimony in
civil suit
Certificate as
evidence
(d) to an employee of the Ministry of Consumer and
Commercial Relations or to an employee of another
ministry who requires the information in the perfor-
mance of his or her duties and if disclosure is neces-
sary for the administration of this Act or any other
Act and the regulations thereunder administered by
the Minister.
(2) The Ministry of Consumer and Commercial Relations
or another ministry may disclose information in its custody or
control to an employee of the Board if,
(a) the personal information is reasonably required to
verify the truth of the contents of an application for,
or an application for renewal of, a licence or to ver-
ify the truth of any other information supplied in
support of any such application; or
(b) the Ministry or agency of the Ministry has reason-
able grounds to believe that the personal informa-
tion is relevant to a person's qualification to hold a
licence.
(3) No person to whom subsection (1) applies shall be
required to give testimony in any civil suit or proceeding with
regard to information obtained by the person in the course of
the person's duties, employment, inquiry, investigation or
inspection except in a proceeding under this Act or the
regulations.
49. A statement as to,
(a) the licensing or non-licensing of any person;
(b) the filing or non-filing of any document or material
required or permitted to be filed with the Registrar;
or
(c) any other matter pertaining to licensing, non-
licensing, filing or non-filing,
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
35
containing information from the records kept by the Registrar
under this Act purporting to be certified by the Registrar
under the seal of the Board is, without proof of the office or
signature of the Registrar, admissible in evidence in any pro-
ceeding, in the absence of evidence to the contrary, as evi-
dence of the facts stated therein.
50. — (1) A notice, order or other document under this Service
Act or the regulations is sufficiently given, served or delivered
if delivered personally or sent by first class mail addressed to
the person to whom it is to be given, served or delivered at
that person's last known address.
(2) A notice, order or other document sent by first class i^^^m
mail in accordance with subsection (1) shall be deemed to be
given, served or delivered on the fifth day after the day of
mailing, unless the person to whom it is sent establishes that
the notice, order or other document was not received until a
later date because of absence, accident, illness or other cause
beyond that person's control.
51. — (1) A funeral director who is registered with the
Transition
Board of Funeral Services under the Funeral Services Act on R so. i980,
the date this Act comes into force is deemed to be licensed as '^
a funeral director until the expiration of the licence, unless the
licence is sooner surrendered, suspended or revoked.
(2) A person who is licensed with the Board of Funeral ^^^-^
Services under the Funeral Services Act to establish and main-
tain a funeral services establishment on the date this Act
comes into force is deemed to be licensed to operate a funeral
establishment until the expiration of the licence, unless the
licence is sooner surrendered, suspended or revoked.
52. The board known as the Funeral Services Review Funeral
Services
Board is dissolved and any matter before the Board on the Review
date this Act comes into force shall be dealt with by the Board not
Tribunal. '""^'""^'^
53. The following are repealed:
Repeals
1. The Funeral Services Act, being chapter 180 of the
Revised Statutes of Ontario, 1980.
2. Section 3 of the Mobility Rights Statute Law
Amendment Act, 1985, being chapter 5.
The Prearranged Funeral Services Act, being chap-
ter 387 of the Revised Statutes of Ontario, 1980.
36 Bill 30 FUNERAL DIRECTORS & ESTABLISHMENTS 1989
Commence- 54. xhis Act comcs into forcc on a day to be named by
'"^"^ proclamation of the Lieutenant Governor.
Short title 55, The short title of this Act is the Funeral Directors and
Establishments Act, 1989.
Bill 30
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 30
(Chapter 49
Statutes of Ontario, 1989)
An Act respecting
Funeral Directors and Establishments
The Hon. G. Sorbara
Minister of Consumer and Commercial Relations
1st Reading June 12th, 1989
2nd Reading June 21st, 1989
3rd Reading October 16th, 1989
Royal Assent October 16th, 1989
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
Bill 30 1989
An Act respecting
Funeral Directors and Establishments
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. In this Act, Definitions
"beneficiary" means a person for whom funeral services or
supplies, or both, are to be provided under a contract or
prepaid contract;
"Board" means the Board of Funeral Services;
"cemetery" means a cemetery within the meaning of the 1^89, c. so
Cemeteries Act, 1989;
"Compensation Fund" means the Prepaid Funeral Services
Compensation Fund established under the regulations;
"contract" means an agreement wherein a person provides or
agrees to provide funeral services or supplies, or both or
for the transportation of a dead human body, and includes
prepaid contracts;
"depository" means a chartered bank, loan or trust company.
Province of Ontario Savings Office or a credit union as
defined in the Credit Unions and Caisses Populaires Act; R.s.o. i980,
^ ' c. 102
"Director" means a director appointed under the Ministry of R s.o. i980,
Consumer and Commercial Relations Act;
"disbursements" means payments actually made by a funeral
director or a person who operates a funeral establishment
on behalf of a purchaser of funeral services or supplies, or
both;
2 Bill 30 FUNERAL DIRECTORS & ESTABLISHMENTS 1989
"embalming" means the preservation and disinfection of all or
part of a dead human body by any means other than by
refrigeration;
"equity share" means a share of a class of shares that carries a
voting right either under all circumstances or under some
circumstances that have occurred and are continuing;
"funeral" means a rite or ceremony in connection with the
death of a person where the body is present;
"funeral director" means an individual who provides or
directs the providing of funeral services;
"funeral establishment" means premises where funeral ser-
vices are supplied;
"funeral services" means the care and preparation of dead
human bodies and the co-ordination of rites and ceremo-
nies with respect to dead human bodies, but does not
include services provided by a cemetery or crematorium
1989, c. 50 owner under the Cemeteries Act, 1989;
"funeral supplies" means goods that are used in connectioi^
with the care and preparation of dead human bodies or the
disposition of dead human bodies;
"income" means the interest or money earned, including the
compounding thereof, by the investment of funds receivec
under a prepaid contract;
"licence" means a licence issued under this Act anc
"licensed" has a corresponding meaning;
"Minister" means the Minister of Consumer and Commercial
Relations;
"prearrangement" means an arrangement for the provision of
specific funeral services, supplies or transportation of a
dead human body on the death of a person who is alive at
the time the arrangement is made;
"prepaid contract" means an agreement whereby a person
contracts with a purchaser to provide or make provision for
funeral services, funeral supplies, or both, or for the trans-
portation of a dead human body, including disbursements,
upon the death of a beneficiary, if any payment for the
contract is made prior to the death of the beneficiary or the
purchaser enters into an insurance contract or plan under
which a licensee is to receive directly or indirectly the pro-
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30
ceeds of the insurance policy upon the death of the benefi-
ciary;
"prepayment" means the payment or the guarantee of a pay-
ment pursuant to a prepaid contract;
"prepayment funds" means the money deposited in trust
under the provisions of this Act and the income therefrom
and includes the proceeds of an insurance policy received
by a licensee;
"prescribed" means prescribed by the regulations;
"Registrar" means the Registrar of the Board;
"regulations" means regulations made under this Act;
"transfer service" means a service to the public with respect
to the disposition of dead human bodies, including the
transportation of dead human bodies and the filling out of
the necessary documentation with respect to the disposition
of dead human bodies;
"Tribunal" means The Commercial Registration Appeal
Tribunal.
2. — (1) There shall be a Registrar appointed by the Board Registrar
for the purposes of this Act.
(2) The Registrar may exercise the powers and shall per- Powers of
form the duties conferred or imposed on the Registrar by or ^^^^"^^^
under this Act under the supervision of the Board.
(3) The Registrar shall maintain one or more registers in Registers
which is entered,
(a) the name of every person licensed under this Act;
(b) any conditions and limitations imposed on a licence
by the Registrar, a Committee or the Tribunal;
(c) the fact and date of each revocation, suspension,
cancellation or termination of a licence;
(d) the fact and amount of each fine imposed by the
Discipline Committee, except if the Discipline Com-
mittee directs that no entry with respect to a fine be
made;
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Inspection
Copies
Board
continued
Principal
object
Additional
objects
(e) the fact of each reprimand made by the Discipline
Committee, except if the Discipline Committee
directs that no entry with respect to the reprimand
be made; and
(f) such other information in addition to that set out in
clauses (a) to (e) as is prescribed.
(4) Any person has the right, during normal business hours,
to inspect the registers maintained by the Registrar.
(5) The Registrar shall provide to any person, upon pay-
ment of a reasonable charge therefor, a copy of any part of
the registers maintained by the Registrar.
3. — (1) The Board of Funeral Services, a body corporate,
is continued as a corporation without share capital.
(2) The principal object of the Board is to regulate the
practices of funeral directors and persons who operate funeral
establishments and transfer services in accordance with this
Act, the regulations and the by-laws in order that the public
interest may be served and protected.
(3) For the purpose of carrying out its principal object, the
Board has the following additional objects:
1. To establish, maintain and develop standards of
knowledge and skill among funeral directors and
persons who operate funeral estabhshments and
transfer services.
2. To establish, maintain and develop standards of
qualification and standards of practice for funeral
directors and persons who operate funeral establish-
ments and transfer services.
3. To establish, maintain and develop standards of
professional ethics among funeral directors and per-
sons who operate funeral establishments and trans-
fer services.
4. To administer the Compensation Fund.
5. To oversee and inspect trust accounts that funeral
establishments and transfer services are required by
law to establish or maintain.
6. To mediate complaints between consumers and
licensees.
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 5
7. To establish and develop standards for funeral
establishments.
8. To perform such other duties and exercise such
other powers as are imposed or conferred on the
Board by or under any Act.
(4) For the purpose of carrying out its objects, the Board Capacity and
has the capacity and the powers of a natural person. Board^ °
(5) The Board shall, Duties of
^ ' Board
(a) review the operation of this Act and the regulations
and make recommendations to the Minister there-
on;
(b) approve or set courses of study and examinations
for the qualification of applicants for licences; and
(c) carry out such duties as are prescribed.
4. — (1) The Board shall be composed of the following composition
members appointed by the Lieutenant Governor in Council:
1. A prescribed number of funeral directors, one of
whom,
i. is not licensed to operate a funeral estabhsh-
ment,
ii. is not a director of a corporation that is
licensed to operate a funeral establishment,
and
iii. does not direct the operation of a funeral
establishment.
2. A prescribed number of persons who are not
funeral directors.
(2) The members of the Board shall be appointed to hold Term of
office for a term not exceeding three years and may be reap- ° '^
pointed for further successive terms, but shall not be
appointed or reappointed for more than six successive years.
(3) A vacancy on the Board caused by the death, resigna- vacancy
tion, removal or incapacity to act of a member may be filled
by the appointment by the Lieutenant Governor in Council of
a person to hold office for the unexpired portion of the term
of office of such member.
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Quorum
Officers
(4) Five members of the Board, at least two of whom shall
be members appointed under paragraph 2 of subsection (1),
constitute a quorum.
(5) The Board shall appoint a chairperson and vice-chair-
person and such other officers as are considered necessary
from among the members of the Board.
Expenses and
remuneration
of members
of Board
(6) The members of the Board,
(a) appointed under paragraph 1 of subsection (1) shall
be paid by the Board such expenses and remunera-
tion as are prescribed; and
(b) appointed under paragraph 2 of subsection (1) shall
be paid, out of the moneys appropriated therefor by
the Legislature, such expenses and remuneration as
are determined by the Lieutenant Governor in
Council.
Staff (7) The Board may employ such employees and retain such
assistance as is necessary to perform the work of the Board
and may determine their salary, remuneration and terms and
conditions of employment.
(8) The Board shall meet at least four times a year.
Continuation (9) xhc members of the Board who were in office immedi-
members atcly before the coming into force of this Act are continued in
office until the expiration of their terms or until their offices
otherwise become vacant.
Meetings of
Board
Annual
report
Idem
(10) The Board shall deliver to the Minister each year an
annual report on the affairs of the Board and on the operation
of the Compensation Fund.
(11) The Minister shall submit the annual report to the
Lieutenant Governor in Council and shall then lay the report
before the Assembly if it is in session or, if not, at the next
session.
Powers of
Minister
5. The Minister may, in addition to any other powers and
duties conferred on the Minister by or under any Act,
(a) review the activities of the Board;
(b) request the Board to undertake activities that, in
the opinion of the Minister, are necessary and
advisable to carry out the intent of this Act;
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 7
(c) advise the Board with respect to the implementa-
tion of this Act and the regulations and with respect
to the methods used or proposed to be used by the
Board to implement policies and to enforce its
by-laws and procedures.
6. — (1) The Board may pass by-laws relating to the admin- By-laws
istrative and domestic affairs of the Board not inconsistent
with this Act and the regulations and, without limiting the
generality of the foregoing,
1. specifying the seal of the Board;
2. providing for the execution of documents by the
Board;
3. respecting banking and finance;
4. fixing the financial year of the Board and providing
for the audit of the accounts and transactions of the
Board;
5. respecting the calling, holding and conducting of
meetings of the Board and committees of the Board
and the duties of members of the Board and com-
mittees of the Board;
6. providing for a code of ethics;
7. delegating to the Executive Committee such powers
and duties of the Board as are set out in the by-
laws, other than the power to make, amend or
revoke regulations and by-laws;
8. respecting the calling, holding and conducting of
meetings of licensees;
9. providing for the use of forms;
10. providing procedures for the making, amending and
revoking of the by-laws;
11. respecting management of the property of the
Board;
12. providing for the appointment, composition, powers
and duties of committees in addition to those com-
mittees established under subsection 7 (1);
8 Bill 30 FUNERAL DIRECTORS & ESTABLISHMENTS 1989
13. respecting the application of the funds of the Board
and the investment and reinvestment of any of its
funds not immediately required, and for the safe-
keeping of its securities;
14. respecting membership of the Board in other organ-
izations, the payment of annual assessments and
provision for representatives at meetings;
15. respecting the appointment of inspectors by the
Registrar for the purposes of this Act;
16. providing for meetings of the Board and commit-
tees, except in a proceeding in respect of a licence,
by means of conference telephone or other commu-
nications equipment by means of which all persons
participating in the meeting can hear each other,
and a member of the Board or committee partici-
pating in a meeting in accordance with such by-law
shall be deemed to be present in person at the
meeting;
17. providing that the Board or a committee may act
upon a resolution consented to by the signatures of
all members of the Board or the committee except
in a proceeding in respect of a licence, and a resolu-
tion so consented to in accordance with such a by-
law is as valid and effective as if passed at a meeting
of the Board or the committee duly called, consti-
tuted and held for that purpose;
18. providing for the payment of necessary expenses of
the Board and committees of the Board in the con-
duct of their business;
19. providing for the Board to enter into arrangements
on behalf of licensees with respect to the bonding of
licensees and requiring the payment and remittance
of premiums in connection therewith, setting levies
that shall be paid by licensees and exempting licen-
sees or any class thereof from all or any part of such
levy;
20. providing for the establishment of group insurance
plans, other than for professional liability, in which
licensees may participate on a voluntary basis;
21. regarding such other matters as are entailed in car-
rying on the business of the Board.
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 9
(2) A copy of the by-laws made under subsection (1) and Distribution
^ '^ J / •\, ^ •' ^ -^ of by-laws
amendments thereto,
(a) shall be forwarded to the Minister;
(b) shall be forwarded to each licensee; and
(c) shall be available for public inspection in the office
of the Board.
(3) At any time before or after receiving a copy of a by-law Minister may
made under subsection (1), the Minister may, by an order in amend °^
writing, revoke or amend the by-law. by-laws
(4) Despite subsection (3), a by-law is effective until so ''•^m
revoked or amended by the Minister and no act done or right
acquired under any such by-law before revocation or amend-
ment by the Minister is prejudicially affected by the revoca-
tion or amendment.
7. — (1) The Board shall establish and appoint the follow- Estabiish-
^ ^.^ '■ '■ ment of
ing committees: committees
1. Executive Committee.
2. Licensing Committee.
3. Complaints Committee.
4. Discipline Committee.
5. Compensation Fund Committee.
(2) The Board may establish such other committees in addi- J^^^m
tion to those estabhshed under subsection (1) as the Board
from time to time considers necessary.
(3) If one or more vacancies occur in the membership of a vacancies
committee, the members remaining constitute the committee
so long as their number is not fewer than a quorum of the
committee.
8.— (1) The Executive Committee shall be composed of g^^^J^^^^
three persons who are members of the Board, one of whom
shall be a person appointed under paragraph 2 of subsection
4(1).
(2) The Board shall name one member of the Executive chairperson
Committee to be chairperson.
10
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Quorum (3) x^q members of the Executive Committee constitute a
quorum.
Powers of
Executive
Committee
Urgent
matters
(4) The Board may delegate to the Executive Committee
the authority to exercise any power or perform any duty of
the Board, other than to make, amend or revoke a by-law.
(5) Subject to ratification by the Board at its next ensuing
meeting, the Executive Committee may take action upon any
other matter that requires immediate attention between meet-
ings of the Board, other than to make, amend or revoke a
by-law.
Licensing
Committee
9. — (1) The Licensing Committee shall be composed of
three persons who are members of the Board, one of whom
shall be a person appointed under paragraph 2 of subsection
4(1).
Chairperson (2) The Board shall name one member of the Licensing
Committee to be chairperson.
Quorum
(3) Two members of the Licensing Committee constitute a
quorum.
§Z!fttee !••— (1) The Complaints Committee shall be composed of
three persons who are members of the Board, one of whom
shall be a person appointed under paragraph 2 of subsection
4 (1).
Chairperson ^2) The Board shall name one member of the Complaints
Committee to be chairperson.
Quorum
(3) Two members of the Complaints Committee constitute
a quorum.
Discipline
Committee
11. — (1) The Discipline Committee shall be composed of
four members of the Board, two of whom shall be persons
appointed under paragraph 2 of subsection 4 (1).
Chairperson ^2) The Board shall name one member of the Discipline
Committee to be chairperson.
Quorum
(3) Three members of the Discipline Committee constitute
a quorum.
Majority vote (4) ^n disciplinary decisions of the Discipline Committee
require the vote of a majority of the members of the Disci-
pline Committee present at the hearing.
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 11
(5) If the Discipline Committee commences a hearing and a Disability of
member of the Discipline Committee is unable to continue to "^"^ ^^
act, the remaining members may complete the hearing despite
the absence of the member.
12. — (1) The Compensation Fund Committee shall be Compen-
composed of three persons who are members of the Board, col^ittee
two of whom shall be persons appointed under paragraph 2 of
subsection 4 (1).
(2) The Board shall name one member of the Compensa- chairperson
tion Fund Committee to be chairperson,
(3) Two members of the Compensation Fund Committee Quorum
constitute a quorum.
13. — (1) The Licensing Committee shall consider all mat- Povyers and
ters that are referred to it by the Registrar under section 22. LkSing
Committee
(2) The Licensing Committee may make recommendations Recommen-
to the Registrar with respect to,
(a) the eligibility of an applicant for a licence or a
renewal of a licence;
(b) issuing or refusing to issue a licence to an applicant
for a licence or a renewal of a licence;
(c) issuing a licence or a renewal of a licence to an
applicant subject to conditions;
(d) suspending or revoking the licence of a licensee;
(e) the desirability of requiring an applicant for a
licence or a renewal of a licence or a licensee to
take and pass such additional training or part
thereof that may be prescribed; or
(f) exempting an applicant for a license or a renewal of
a licence or a licensee from any licensing require-
ment.
14. — (1) The Complaints Committee shall consider and Sm^Unts
investigate complaints regarding the conduct or actions of any commhtee
licensee, but no action shall be taken by the Complaints Com-
mittee under subsection (2) unless,
(a) a written complaint has been filed with the Regis-
trar and the licensee whose conduct or actions are
being investigated has been notified of the com-
12
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Idem
plaint and given at least two weeks in which to sub-
mit in writing to the Committee any explanations or
representations the licensee may wish to make con-
cerning the matter; and
(b) the Committee has examined or has made every
reasonable effort to examine all records and other
documents relating to the complaint.
(2) The Complaints Committee in accordance with the
information it receives may,
(a) consider all or part of the matter;
(b) direct that all or part of the matter be referred to
the Discipline Committee; and
(c) subject to subsection (9), take or recommend such
action that it considers appropriate in the circum-
stances and that is not inconsistent with this Act,
the regulations or the by-laws.
Decisions (3) YhQ Complaiuts Committee shall advise the Registrar in
and reasons ■.• c .^ .■ •. , . , .
writing of the action it proposes to take or recommend and its
reasons therefor.
Notice
Hearing
(4) Subsections (3) and (6) do not apply to a matter that is
referred to the Discipline Committee.
(5) The Complaints Committee is not required to hold a
hearing or to afford any person an opportunity for a hearing
or to make oral submissions before it prior to it taking action
or making a recommendation under this section.
Notice
No hearing
(6) The Registrar shall send to the complainant and to the
person complained against by prepaid first class mail a copy of
the proposal of the Complaints Committee and its reasons
therefor, if any, together with notice that informs the person
to whom it is sent that the person is entitled to a hearing by
the Tribunal if the person mails or delivers to the Registrar
and to the Tribunal, within fifteen days after the notice is
served on the person, notice in writing requiring a hearing and
the person may so require such a hearing.
(7) If a complainant or the person complained against does
not require a hearing by the Tribunal, the Complaints Com-
mittee may carry out the proposal stated in the notice to the
complainant or the person complained against.
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
13
(8) If the complainant or the person complained against
requires a hearing, the Tribunal shall appoint a time for and
hold a hearing.
Hearing
(9) After holding a hearing, the Tribunal may by order Order
direct the Complaints Committee to carry out the proposal or
refrain from carrying out the proposal and to take such action
as the Tribunal considers the Complaints Committee ought to
take in accordance with this Act and the regulations and, for
such purposes, the Tribunal may substitute its opinion for that
of the Complaints Committee.
(10) The Tribunal may attach such conditions to its order as Conditions
it considers proper to give effect to the purposes of this Act.
(11) The Registrar, the person who required the hearing Parties
and such other persons as the Tribunal may specify are parties
to proceedings before the Tribunal under this section.
15. Despite subsection 14 (1), the Board or the Executive Reference by
Committee may direct the Discipline Committee to hold a Executive
hearing and determine any allegation of professional miscon- Committee
duct or incompetence on the part of a funeral director.
16. — (1) The Discipline Committee shall,
(a) when so directed by the Board, Executive Commit-
tee or Complaints Committee, hear and determine
allegations of professional misconduct or incompe-
tence against a funeral director;
(b) hear and determine matters referred to it by the
Board, Registrar, Executive Committee or Com-
plaints Committee under this Act with respect to
funeral directors; and
(c) perform such other duties as are assigned to it by
the Board.
Duties of
Discipline
Committee
(2) A funeral director may be found guilty of professional Professional
• t? "^ J. niisco ncliict
misconduct by the Discipline Committee if,
(a) the funeral director has been found guilty of an
offence that is relevant to the funeral director's suit-
ability to practise as a funeral director, upon proof
of such conviction; or
(b) the funeral director has been guihy in the opinion of
the Discipline Committee of professional miscon-
duct as prescribed.
14 Bill 30 FUNERAL DIRECTORS & ESTABLISHMENTS 1989
Incompetence (3) The Discipline Committee may find a funeral director
to be incompetent if in its opinion,
(a) the funeral director has displayed in the providing
or in directing the providing of funeral services or
funeral supplies or in performing or supervising the
performing of an embalming, a lack of knowledge,
skill or judgment of a nature or to an extent that
demonstrates the funeral director is unfit to con-
tinue as a funeral director;
(b) the funeral director is suffering from a physical or
mental condition or disorder of a nature and extent
that makes it desirable in the interest of the public
that the funeral director no longer be permitted to
continue as a funeral director.
Examinations (4) If the Discipline Committee is required to hear and
determine allegations of incompetence under clause (3) (b),
the Discipline Committee may require the funeral director
who is the subject of the hearing to submit to a physical or
mental examination, or both, by such persons as the Board
designates.
Suspension of (5) If a funeral director fails to submit to an examination
required under this section, the Discipline Committee may
order that the licence of the funeral director be suspended
until the funeral director submits to the examination.
Evidence (6) A legally qualified medical practitioner who conducts a
physical or mental examination required under this section is
not compellable to produce at the hearing his or her case his-
tories, notes or any other records that may constitute medical
evidence.
Report (7) A person who conducts an examination under this sec-
tion shall upon completing the examination forthwith prepare
and deliver to the Registrar a report that contains facts, find-
ings and conclusions and suggested treatment, if any.
Idem (8) A report that is prepared as a resuh of an examination
that is conducted under this section shall be delivered by the
Registrar to the funeral director,
(a) if the examination is required prior to the hearing,
at least five days prior to the commencement of the
hearing; or
licence
1989
FXWERAL DIRECTORS & ESTABLISHMENTS
Bill 30
15
(b) if the examination is required during the course of
the hearing, at least five days prior to its introduc-
tion as evidence.
(9) A report that is prepared as a result of an examination ^'^^^
that is conducted under this section is receivable as evidence
without proof of its making or the signature of the person
making the report.
(10) A party to the hearing who is not tendering a report as R|ght to
evidence has the right to summon and cross examine the per
son who made the report on the contents of the report.
cross
examine
(11) If the Discipline Committee finds a funeral director Powers of
guilty of professional misconduct or incompetence, it may by committee
order do any of the following things or any combination of the
following things:
1. Revoke the licence of the funeral director.
2. Suspend the licence of the funeral director for a
stated period.
3. Impose restrictions on the licence of the funeral
director for a period and subject to the conditions
specified by the Discipline Committee.
4. Reprimand the funeral director.
5. Impose such fine as the Discipline Committee con-
siders appropriate to a maximum of $10,000 to be
paid by the funeral director to the Treasurer of
Ontario for payment into the Consolidated Revenue
Fund.
6. Direct that the imposition of a penahy be sus-
pended or postponed for the period and upon the
terms specified by the Discipline Committee.
(12) If the Discipline Committee imposes a fine or repri- Entry on
mands a funeral director, the Discipline Committee may
direct that the fine or the reprimand not be entered in the
applicable register.
(13) If the Discipline Committee is of the opinion that the Costs
commencement of the proceedings was unwarranted, the
Committee may order that the Board reimburse the funeral
director for the funeral director's costs or such portion thereof
as the Discipline Committee fixes.
16
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Stay on
appeal for
incompetence
(14) If the Discipline Committee revokes, suspends or
restricts a licence on the grounds of incompetence, the deci-
sion takes effect immediately despite the fact that an appeal is
taken from the decision, unless the Tribunal otherwise orders
and, where the Tribunal is satisfied that it is appropriate in
the circumstances, the Tribunal may so order.
Stay on
appeal for
professional
misconduct
(15) If the Discipline Committee revokes, suspends or
restricts a licence on grounds other than for incompetence, the
order does not take effect until the time for appeal from the
order has expired without an appeal being taken or, if taken,
the appeal has been disposed of or abandoned, unless the Dis-
cipline Committee otherwise orders, and, where the Commit-
tee considers that it is appropriate for the protection of the
public, the Committee may so order.
Service of
decision of
Discipline
Committee
(16) If the Discipline Committee finds a funeral director
guilty of professional misconduct or incompetence, a copy of
the decision shall be served upon the person complaining in
respect of the conduct or action of the funeral director.
Continuation
on expiry of
Committee
membership
(17) If a proceeding is commenced before the Discipline
Committee and the term of office on the Board or on the
Committee of a member sitting for the hearing expires or is
terminated before the proceeding is disposed of but after evi-
dence has been heard, the member shall be deemed to remain
a member of the Discipline Committee for the purpose of
completing the disposition of the proceeding in the same man-
ner as if his or her term of office had not expired or been ter-
minated.
Parties to
discipline
proceedings
17. — (1) In proceedings before the Discipline Committee,
the Board and the funeral director whose conduct is being
investigated in the proceedings are parties to the proceedings.
Examination
of
documentary
evidence
(2) A funeral director whose conduct is being investigated
in proceedings before the Discipline Committee shall be
afforded an opportunity to examine before the hearing any
written or documentary evidence that will be produced or any
report the contents of which will be given in evidence at the
hearing.
Members
holding
hearing not
to have
taken part in
investigation,
etc.
(3) Members of the Discipline Committee holding a hear-
ing shall not have taken part before the hearing in any investi-
gation of the subject-matter of the hearing other than as a
member of the Board considering the referral of the matter to
the Discipline Committee or at a previous hearing of the
Committee.
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
17
of
(4) Members of the Discipline Committee shall not commu- No
nicate directly or indirectly in relation to the subject-matter of catToT '
the hearing with any person or with any party or representa-
tive of a party except upon notice to and opportunity for all
parties to participate.
(5) The Discipline Committee may seek legal advice from Advice
an adviser independent from the parties and, in such case, the
nature of the advice shall be made known to the parties in
order that they may make submissions as to the law.
(6) The oral evidence taken before the Discipline Commit- Recording
tee shall be recorded and, if so required, copies or a transcript
thereof shall be furnished only to the parties at the cost to the
parties.
(7) Documents and things put in evidence at a hearing of Release of
QOCllIT16nt£irV
the Discipline Committee shall, upon the request of the per- evidence
son who produced them, be released to the person by the
Committee within a reasonable time after the matter in issue
has been finally determined.
18. — (1) A party to proceedings before the Discipline ^p^^^I°
Committee may appeal from its decision or order to the
Tribunal.
(2) Subsections 14 (6) to (11) apply with necessary modifi- Application
cations to an appeal to the Tribunal from a decision or order
of the Discipline Committee.
19. — (1) No person shall act or imply that the person is Licence
available to act as a funeral director unless the person is ^^^^^^^
licensed to do so.
(2) No person shall operate or imply that the person is I'lem
available to operate a funeral establishment unless the person
is licensed to do so.
(3) No person shall operate or imply that the person is I'lem
available to operate a transfer service unless,
(a) the person is licensed to do so; or
(b) the person is licensed to operate a funeral establish-
ment and the transfer service is operated as part of
the normal operation of the funeral establishment.
(4) No person other than a funeral director who is licensed 'dem
to do so shall perform or imply that the person is available to
perform embalming.
18
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Place of
business
(5) No person shall operate a funeral establishment or
transfer service except at a place that is named in the licence
of the person.
Funeral
services
Idem
(6) No funeral director shall offer funeral services except
through a licensed funeral establishment.
(7) No funeral director shall offer funeral services to the
public except through an operator of a funeral establishment
who is licensed to do so.
Funeral (g) Nq Operator of a funeral establishment shall employ a
establishment pg^^^jj ^^ ^ funeral director unless the person is licensed as a
funeral director.
Direction and
management
(9) Every operator of a funeral establishment shall ensure
that the funeral establishment is managed and directly super-
vised by a funeral director who is responsible for the conduct
or misconduct of any person to whom the funeral director
delegates responsibilities.
Idem (10) No funeral director shall manage and directly super-
vise the operation of more than one funeral establishment
except as prescribed.
Corporation (n) Each Corporation that is licensed to operate a funeral
estabHshment shall ensure that at least one of the directors of
the corporation is a funeral director.
Exceptions (12) Subsections (1) and (4) do not apply,
(a) to a student in a training program who is working
under the supervision and in the presence of a
funeral director; or
(b) to a student who is enrolled in a recognized course
of funeral services education and who is working
under the supervision and in the presence of the
instructor of the course.
Idem
(13) Subsection (4) does not apply to a person employed in
a recognized school of medicine or anatomy while so
employed.
Application 20. — (1) A person may apply to the Registrar for a licence
to operate a funeral establishment or to operate a transfer
service.
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 19
(2) A person who has successfully completed the educa- ^^^^
tional requirements that are prescribed may apply to the
Registrar for a licence as a funeral director.
(3) An applicant is entitled to a licence or a renewal of a Requirement
licence as a funeral director or to operate a funeral establish-
ment or to operate a transfer service except if,
(a) the applicant cannot reasonably be expected to be
competent or financially responsible in the conduct
of the applicant's business;
(b) the past or present conduct of the persons referred
to in subsection (4) affords reasonable grounds for
belief that the applicant will not operate in accord-
ance with the law and with integrity and honesty;
(c) the applicant or an employee or agent of the appli-
cant makes a false statement or provides a false
statement in an application for a licence;
(d) the applicant is carrying on activities that are, or
will be if the applicant is licensed, in contravention
of this Act or the regulations;
(e) the appUcant will, if licensed, be carrying on activi-
ties under this Act and the regulations that are in
contravention of another Act or a municipal by-law;
or
(f) in the case of a corporation that operates a funeral
establishment, no director of the corporation is a
funeral director.
(4) Clause (3) (b) applies to the following persons: ^<iem
1. The applicant.
2. An officer or director of the applicant.
3. A person holding more than 10 per cent of the
equity shares of the applicant or an officer or direc-
tor of such person.
4. Any person having a beneficial interest in the oper-
ation of the business of the applicant or licensee.
(5) The Registrar shall issue a licence as a funeral director, issue
to operate a funeral estabUshment or to operate a transfer ser-
vice, as the case requires, to every applicant therefor who
20
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Conditions
Refusal to
issue
Refusal to
renew
Fees
Proposal
Notice
No hearing
Hearing
pays the fee that is prescribed, complies with this Act and the
regulations and is not disentitled under subsection (3).
(6) A licence is subject to such conditions as may be con-
sented to by the applicant, imposed by the Tribunal or pre-
scribed.
21. — (1) Subject to section 22, the Registrar may refuse to
issue a licence to an applicant if the applicant is not entitled to
a licence under subsection 20 (3).
(2) Subject to section 22, the Registrar may refuse to renew
or may suspend or revoke a licence,
(a) for any reason that would disentitle the licensee to a
licence under subsection 20 (3) if the licensee were
an applicant;
(b) if the licensee is in breach of a condition of the
licence; or
(c) if the licensee is a corporation and the shareholders
of the corporation have changed in the manner and
to the extent prescribed.
(3) Subject to section 22, the Registrar shall refuse to issue
or renew a licence if the applicant has not paid the fee that is
prescribed.
22. — (1) If the Registrar proposes to refuse to issue or
renew a licence, proposes to issue a licence subject to condi-
tions or proposes to suspend or revoke a licence, the Registrar
shall serve notice of the proposal, together with written rea-
sons therefor, on the applicant or the licensee.
(2) A notice under subsection (1) shall inform the applicant
or licensee that the applicant or licensee is entitled to a hear-
ing by the Tribunal if the applicant or licensee mails or deliv-
ers to the Registrar and to the Tribunal, within fifteen days
after the notice is served on the applicant or licensee, notice
in writing requiring a hearing and the applicant or licensee
may so require such a hearing.
(3) If an applicant or licensee does not require a hearing by
the Tribunal, the Registrar may carry out the proposal stated
in the notice to the applicant or licensee.
(4) If an applicant or licensee requires a hearing, the
Tribunal shall appoint a time for and hold a hearing.
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
21
(5) After holding a hearing, the Tribunal may by order order
direct the Registrar to carry out the proposal or refrain from
carrying out the proposal and to take such action as the Tribu-
nal considers the Registrar ought to take in accordance with
this Act and the regulations and for such purposes the Tribu-
nal may substitute its opinion for that of the Registrar.
(6) The Tribunal may attach such conditions to its order or Conditions
to the licence as it considers proper to give effect to the pur-
poses of this Act.
(7) The Registrar, the applicant or licensee who has Paries
required the hearing and such other persons as the Tribunal
may specify are parties to proceedings before the Tribunal
under this section.
(8) The Registrar may cancel a licence upon the request in Cancellation
writing of the licensee and the surrender of the licence by the
licensee.
(9) The Registrar may refer any matter that deals with Referral
licensing to the Licensing Committee for their recommenda-
tions.
23. — (1) A person who is refused a licence or who is Application
refused a renewal of a licence may apply in writing to the
Registrar for the issuance of a licence only if at least one year
has passed since the refusal.
(2) A person whose licence is revoked under this Act or
whose registration was cancelled under a predecessor of this
Act may apply in writing to the Registrar for the issuance of a
licence only if at least one year has passed since the revoca-
tion or cancellation.
Idem
(3) A person whose licence is suspended under this Act or ^^^^
whose registration was suspended under a predecessor of this
Act, for more than one year, may apply in writing to the Reg-
istrar for the removal of the suspension only if at least one
year has passed since the suspension.
24. — (1) If the Registrar proposes to suspend or revoke a Temporary
licence, the Registrar may, if the Registrar considers it to be
necessary in the public interest, by order, temporarily suspend
the licence and the order shall take effect immediately.
(2) If a hearing is required with respect to a proposal to Hearing
suspend or revoke a licence, the order expires fifteen days
after the date of the notice requiring the hearing unless the
hearing is commenced, in which case the Tribunal holding the
22
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
No licence
Stay
R.S.O. 1980,
c. 274
Continuation
hearing may extend the time of expiration until the hearing is
concluded.
(3) If the Registrar by order temporarily suspends a licence
under this section or section 22, the licensee shall during the
term of the suspension be considered not to be licensed under
this Act.
25. Despite the fact that a licensee appeals from an order
of the Tribunal under section 11 of the Ministry of Consumer
and Commercial Relations Act, the order takes effect immedi-
ately but the Tribunal may grant a stay until the disposition of
the appeal.
26. If in the time prescribed therefor or, if no time is pre-
scribed before the expiry of the licensee's licence, a licensee
applies in the manner prescribed for renewal of the licence
and pays the fee prescribed, the licence shall be deemed to
continue,
(a) until the renewal is granted; or
(b) if the licensee is served with a notice that the Regis-
trar proposes to refuse to grant the renewal, until
the time for giving notice requiring a hearing has
expired and, if a hearing is required, until the
Tribunal has made its order.
Advertising 27. — (1) If the Director or the Registrar believes, on rea-
sonable and probable grounds, that a person licensed under
this Act has made a false or misleading public representation
or that a representation is in contravention of this Act or the
regulations, the Director or the Registrar shall order the per-
son to stop making the representation and in the order shall
set out the reasons for the order.
Compliance (2) A pcrson who rcccivcs an order under subsection (1)
with order ^^^^^ immediately comply with the order and shall refrain from
making the representation, in any form, in the future.
Appeal (3) Any person who receives an order under subsection (1)
may appeal the order to the Tribunal.
Stay of order (4) xhc Tribunal may issue a stay of any order made by the
Director or Registrar under subsection (1).
Repayment 28. If a person is entitled to the repayment of money paid
for or on account of funeral services, the operator of the
funeral establishment, the funeral director who managed or
manages the operation of the funeral establishment and any
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
23
funeral director in the employ of the operator of the funeral
establishment who received the money or any part thereof are
liable jointly and severally with any other person who is liable
for the repayment of the money.
29. A licence is not required with respect to rites and cer- Place of
emonies traditionally provided at a place of worship. "^^^^ *^
30. — (1) No person other than a person who is Hcensed to Prepaid
operate a funeral establishment or a transfer service and who '^""^'^^'^^^
is a participant in good standing in the Compensation Fund
shall enter into or offer to enter into a prepaid contract with a
purchaser.
(2) Subsection (1) does not apply to a person selling funeral idem
supplies under the authority of the Cemeteries Act, 1989. i989, c. 50
31. — (1) No licensee shall enter into a prepaid contract contracts
that contains a provision for the payment of interment rights
in a cemetery lot.
(2) All goods or services for which a licensee accepts pay- one contract
ment in respect of one beneficiary shall be included in one
prepaid contract.
(3) No licensee shall enter into a prepaid contract that Guarantee
guarantees the price of any goods or services in the contract
unless the price of all goods and services included in the con-
tract are guaranteed.
32. — (1) Prior to the death of the beneficiary, the pur- Cancellation
chaser or a person designated in the contract by the purchaser
may cancel the contract at any time.
(2) Prior to the death of the beneficiary but after the death "em
of the purchaser, the beneficiary or the beneficiary's personal
representative may cancel the contract at any time.
(3) After the death of the beneficiary, only the beneficiar-
y's personal representative may at any time cancel the con-
tract prior to the delivery of all the services contracted for.
Idem
(4) Subsections (1), (2) and (3) apply to contracts entered w^m
into before this Act comes into force.
33. No person shall charge or accept any payment with Prearrange-
respect to a prearrangement.
34, — (1) Every person who receives a payment under a Trust
prepaid contract shall hold the amount of the payment
24
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
together with all income accrued thereon in trust until it is dis-
bursed in accordance with this Act and the regulations.
Cancellation
(2) If a prepaid contract is cancelled, the person holding
the funds in trust under the contract shall forthwith pay the
funds and all income accrued thereon to,
(a) if the prepaid contract is cancelled prior to the
death of the beneficiary, the purchaser or the per-
son set out in the contract;
Deductions
Application
Repayment
Costs
Contract
requirements
(b) if the prepaid contract is cancelled prior to the
death of the beneficiary but after the death of the
purchaser, the beneficiary; or
(c) if the prepaid contract is cancelled after the death of
the beneficiary, the estate of the beneficiary.
(3) If a prepaid contract is cancelled after thirty days of the
entering into of the contract, the person paying under sub-
section (2) may deduct from the amount paid such fees as are^
prescribed.
(4) Subsection (1) does not apply to a payment made to an
insurer under an insurance contract or plan.
35. — (1) If a prepaid contract is fulfilled, the balance, if
any, of the prepayment funds that are in excess of the cost of
delivering the services and supplies contracted for shall be
paid to the beneficiary's estate forthwith despite any contrary
provision in the contract.
(2) The cost of delivering the services and supplies required
under a prepaid contract shall not exceed the amount that
would otherwise be charged for the same services and supplies
if there had not been prepayment.
36. — (1) A prepaid contract is not enforceable by an oper-
ator of a funeral establishment or transfer service unless,
(a) it is written, signed by both parties and complies
with the regulations;
(b) it sets out the purchaser's cancellation rights under
this Act; and
(c) the operator delivers a signed copy of the contract
to the purchaser at the time the contract is made.
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 25
(2) An operator of a funeral establishment or transfer ser- Refund with
vice who receives money under a contract that is not enforce- '"^^"^^^^
able because of the application of this section shall refund to
the purchaser, immediately upon written demand, with inter-
est at the prescribed rate, all money received.
(3) Subsection (2) does not apply after the supphes and ser- Exception
vices have been provided under the contract.
37. Every licensee shall make such information as is pre- P^^iic
scribed available to the public in the manner and form pre- '"^*'™^*'°"
scribed.
38. — (1) No person shall contact, in any way, a person in Soliciting
a hospital, nursing home or such other institution as is pre- P'^"^'^"^'^
scribed for the purpose of suggesting that a contract be made.
(2) No person shall contact, by telephone or in person, a Wem
person for the purpose of suggesting that a contract be made.
(3) This section does not prohibit. Exception
(a) a contact made at the request of the person being
contacted; or
(b) a contact with a licensee.
39. — (1) No person shall operate a funeral establishment Prohibition
or transfer service in conjunction with the owner of a ceme-
tery or crematorium in a manner that is prescribed.
(2) No person shall operate a funeral establishment or Wem
transfer service from locations that are prescribed.
40. — (1) If the Director or the Board is of the opinion that Restraining
a person is not complying with this Act or the regulations, °^ ^^
despite the imposition of a penalty in respect of the non-
compliance and despite the fact that another remedy may be
available, the Director or the Board may apply to a judge of
the High Court for an order directing the person to comply.
(2) Upon an application under subsection (1), the judge Wem
may make the order applied for or such other order as the
judge thinks appropriate.
(3) An appeal lies to the Divisional Court from an order '''em
made under subsection (2).
41. — (1) If the Director has reasonable and probable Freezing
grounds to believe that a licensee is doing or is about to do
26
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
something that will jeopardize the public interest, the Director
may direct any person holding, having on deposit or control-
ling assets of the licensee or trust funds under the control of
the licensee to hold the assets or trust funds until further
instructions are received from the Director to release a partic-
ular asset or trust fund from the direction.
Scope of
direction
(2) In the case of a bank or a corporation, a direction
under subsection (1) applies only to the offices, branches or
agencies thereof named in the direction.
Application
for directions
(3) Any person named in a direction issued under sub-
section (1), if in doubt as to the application of the direction to
particular assets or trust funds, may apply to the Director for
an order of clarification.
Revocation
amendment
of direction
(4) On an application of a licensee or any other person hav-
ing an interest therein, the Director may make an order on
such conditions as are set out in the order revoking the direc-
tion or consenting to the release of a particular asset or trust
fund from the direction.
Appeal (5) A person affected by a direction or order of the Direc-
tor made under this section or a refusal to make an order may^
appeal to the Tribunal,
Application (6) Subsections 14 (6) to (11) apply with necessary modifi-
cations to an appeal to the Tribunal from a direction or order
of the Director.
Inspectors 42. — (1) The Registrar or a Director may appoint inspec-
tors for the purpose of determining whether there is compli-
ance with this Act and the regulations.
Certificate of (2) An inspector exercising a power under this Act shall, on
appomtment j-^'q^gg^^ producc his or her certificate of appointment.
Inspections 43^ — (1) Por the purposc of ensuring compliance with this
Act and the regulations, an inspector may,
(a) enter any place at any reasonable time;
(b) request the production for inspection of documents
or things that may be relevant to the inspection;
(c) inspect and, upon giving a receipt therefor, remove,
for the purpose of making copies or extracts, docu-
ments or things relevant to the inspection;
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 27
(d) inquire into negotiations, transactions, loans or bor-
rowings of a licensee and into assets owned, held in
trust, acquired or disposed of by a licensee that are
relevant to an inspection;
(e) conduct such tests as are reasonably necessary; and
(f) remove materials or substances for examination or
test purposes subject to the licensee or other occu-
pant of the premises being notified thereof.
(2) Subsection (1) does not apply to confer a power of Entry to
entry to a room actually used as a dwelling without the con- ''^^""^^s
sent of the occupier.
(3) A justice of the peace may issue a warrant authorizing warrant
the person named in the warrant,
(a) to do anything set out in clause (1) (a), (c), (e) or
(f);
(b) to search for and seize any document or thing
relevant to the inspection; or
(c) to enter and search a room actually used as a
dwelling.
(4) A warrant may be issued under subsection (3) if the jus- Requirements
tice of the peace is satisfied on information under oath that, in to^ssue^^"*
the case of a warrant to be issued under,
(a) clause (3) (a), an inspector has been prevented from
doing anything permitted under clause (1) (a), (c),
(e) or (f) or there is reasonable ground to believe
that an inspector may be prevented from doing any
of those things;
(b) clause (3) (b), to search for and seize a document or
thing that there is reasonable ground to believe will
afford evidence relevant to a contravention of this
Act or the regulations; or
(c) clause (3) (c), it is necessary that a room actually
used as a dwelUng be entered for the purposes of
carrying out an inspection or there is, in such a
room, a document or thing that there is reasonable
ground to believe is relevant to an inspection under
this Act.
28
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Execution of (5) A Warrant issued under this section shall specify the
warrant hours and days during which it may be executed.
Expiry
Notice not
required
Experts
(6) Unless renewed, a warrant under this section expires
not later than thirty days after the date on which it is made.
(7) A warrant under this section may be issued or renewed
before or after expiry upon application without notice.
(8) An inspector is entitled to call upon such experts as are
necessary to assist the inspector in carrying out an inspection
under this Act.
Assistance
(9) A person doing anything under the authority of a war-
rant issued under this section is authorized to call on such
police officers to assist and to use such force as is necessary in
the execution of the warrant.
Copies (10) An inspector taking material in order to copy it shall
make the copy with reasonable dispatch and shall promptly
return the material taken.
Admissibility
of copies
Obstruction
of inspector
Facilitating
inspection
(11) Copies of, or extracts from, documents and things
removed under this section and certified as being true copies
of, or extracts from, the originals by the person who made
them are admissible in evidence to the same extent as, and
have the same evidentiary value as, the documents or things
of which they are copies or extracts.
44. — (1) No person shall obstruct an inspector in carrying
out an inspection under this Act or withhold, destroy, conceal
or refuse to provide any relevant information or thing
required for the purpose of the inspection.
(2) It is a condition of each licence issued under this Act
that the licensee facilitate an inspection relevant to the
licence.
Appointment
of receiver
and manager
45. — (1) The Director or Registrar may apply to a judge
or a local judge of the Supreme Court for the appointment of
a receiver and manager of an involved funeral establishment
or transfer service if,
(a) the Director or Registrar has reasonable and proba-
ble grounds to believe that a person licensed under
this Act has failed or is about to fail to provide con-
tracted and paid for funeral services to a client;
(b) the Director or Registrar is advised that a proposal
to suspend or revoke a licence under section 21 or
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
29
R.S.C. 1985,
c. B-3
to temporarily suspend a licence under section 24
has been made; or
(c) the Director has directed or is about to make a
direction under section 41.
(2) A judge, upon an application being made under sub- I'^em
section (1), without notice or, if the judge considers that
notice should be given, upon such notice as the judge stipu-
lates, may, if it is considered in the public interest and subject
to the Bankruptcy Act (Canada), appoint a receiver and man-
ager to take possession and control of the business of the per-
son in respect of whom an action referred to in subsection (1)
applies for a period not exceeding sixty days.
(3) An appointment made under subsection (2) may be Extension
extended, upon an application without notice, for an addi-
tional period not exceeding sixty days.
(4) A receiver and manager appointed under subsection (2) Receiver and
shall take possession and control of the assets of the business TSf"^
and shall thereafter conduct the business and take such steps control
as in the opinion of the receiver and manager should be taken
toward its rehabilitation.
(5) For the purposes of subsection (4), the receiver and Wem
manager have all the powers of the board of directors of the
corporation, if the business is a corporation, or of a sole pro-
prietor or all partners if the business is not a corporation and,
without limiting the generality of the foregoing, the receiver
and manager may,
(a) exclude the directors, officers, servants and agents
of the business from the premises and property of
the* business; and
(b) carry on, manage and conduct the operations of the
business and in the name of the business preserve,
maintain, realize, dispose of and add to the prop-
erty of the business and receive the incomes and
revenues of the business.
(6) An order made under this section may be enforced in Enforcement
the same manner as any order or judgment of the Supreme
Court and may be varied or discharged upon an application
made by notice.
(7) Upon an application being made under this section, the Rules of
rules of practice of the Supreme Court apply. practice
30 Bill 30 FUNERAL DIRECTORS & ESTABLISHMENTS 1989
Regulations 45. — (1) The Lieutenant Governor in Council may make
regulations,
1. prescribing the manner in which trust accounts shall
be kept and accounted for;
2. providing for the inspection of trust accounts;
3. prescribing the duties of depositories with respect to
trust funds held under this Act;
4. requiring receipts to be given by licensees with
respect to contracts;
5. providing for the establishment, maintenance and
administration of the Compensation Fund;
6. prescribing provisions that relate to the investing
and paying out of moneys from the Compensation
Fund;
7. providing for the payment of levies into the Com-
pensation Fund and prescribing the amounts of
levies;
8. providing for appeals from a refusal to pay out of
the Compensation Fund;
9. governing the powers and duties of the trustee
administering the Compensation Fund;
10. requiring the purchase of bonds for the purpose of
indemnifying the Compensation Fund;
11. prescribing the terms and amounts of bonds;
12. providing for payment out of the Compensation
Fund of claims and procedures to be followed with
respect thereto;
13. requiring participation in the Compensation Fund
by licensees;
14. on any matter relating generally to the purchase,
renewal or terms of a bond or the disposition of
payments received thereunder;
15. governing the form and content of contracts and
receipts, including the cancellation of contracts;
1989 FUNERAL DIRECTORS & ESTABLISHMENTS Bill 30 31
16. prescribing the terms that a contract shall be
deemed to contain;
17. prescribing conditions under which contracts may be
assigned and prohibiting assignments that are not in
accordance with the prescribed conditions;
18. regulating, limiting or prohibiting the soliciting of
contracts;
19. governing the term during which each class or type
of licence is valid;
20. exempting any person or thing or class of person or
thing from the application of any provision of this
Act or the regulations and prescribing conditions
for any exemption;
21. authorizing persons, other than funeral directors, to
perform specified acts in the providing of funeral
services under the supervision or direction of a
funeral director;
22. governing the books, accounts, records and infor-
mation that shall be kept by licensees and that shall
be filed with the Registrar;
23. prescribing fees and requiring the payment of fees;
24. prescribing forms and providing for their use;
25. prescribing educational requirements and testing
requirements on an initial and ongoing basis for
licensees and employees of licensees;
26. governing applications for licences and renewals of
licences;
27. prescribing classes of licences;
28. governing the requirements and qualifications for
the issuing of licences and prescribing the conditions
for obtaining and maintaining a licence;
29. governing standards of practice and operation for
licensees;
30. respecting the methods and materials that may be
used in providing funeral services;
32
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Limited
application
Retroactive
31. prohibiting or governing the advertising of funeral
services or funeral supplies and prohibiting or gov-
erning the display of funeral supplies to the public;
32. governing the construction, location, equipment,
maintenance, repairs, additions and alterations to
funeral establishments and governing the informa-
tion, plans and materials to be furnished to the
Registrar with respect thereto;
33. governing the equipment and practices, including
hygienic practices, with respect to the embalming,
transportation, preparation and disposal of dead
human bodies;
34. regulating, controlling and prohibiting the use of
terms, titles or designations by licensees;
35. prescribing practices or actions that are evidence ofj
incompetence or lack of honesty and integrity;
36. governing the availability and display of funeral
services and funeral supplies;
37. prescribing specifications and minimum require-
ments for funeral services and funeral supplies;
38. prescribing, for any notice required to be giveni
under this Act, the type of notice and the manner in
which it is to be given;
39. governing the payment of money into and out of^
trust funds, including the time within which and the
circumstances under which payments are to be
made;
40. providing for the maintenance and inspection of
registers of persons who are licensed;
41. prescribing anything that is referred to in this Act as
being prescribed.
(2) A regulation made under this Act may be of limited
application.
(3) A regulation made under this section may be retro-
active in effect and may apply to contracts entered into before
this Act comes into force.
Offence
47. — (1) Every person who,
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
33
(a) furnishes false, misleading or incomplete informa-
tion in an application under this Act or in a state-
ment or return required to be furnished under this
Act or the regulations;
(b) fails to comply with a direction or order made under
this Act; or
(c) contravenes any provision of this Act or the regu-
lations,
is guilty of an offence.
(2) Every director or officer of a corporation who concurs ^^^"^
in an offence under this Act is guilty of an offence.
(3) An individual who is convicted of an offence under this ''^em
Act is liable to a fine of not more than $20,000 and on a sub-
sequent conviction to a fine of not more than $20,000 and to
imprisonment for a term of not more than one year.
(4) A corporation that is convicted of an offence under this i^^em
Act is liable to a fine of not more than $40,000.
(5) No proceeding under this section shall be commenced Limitation
more than two years after the facts upon which the proceed-
ings are based first came to the knowledge of the Director.
(6) A statement as to the time when the facts upon which
proceedings are based first came to the knowledge of the
Director purporting to be certified by the Director is, without
proof of the office or signature of the Director, admissible in
evidence in any proceeding, in the absence of evidence to the
contrary, as evidence of the facts stated therein.
Certificate as
evidence
(7) If a person is convicted of an offence under this Act, Restitution
the court making the conviction may, in addition to any other
penahy, order the person convicted to make compensation or
restitution in relation thereto.
48. — (1) Every person employed in the administration of Matters
this Act, including any person making an inspection under this
Act and any member of the Board or a committee of the
Board, shall preserve secrecy with respect to all matters that
come to the person's knowledge in the course of the person's
duties, employment, inquiry or inspection and shall not com-
municate any such information to any other person except,
34
Bill 30
FUNERAL DIRECTORS & ESTABLISHMENTS
1989
Idem
(a) as may be required in connection with the adminis-
tration of this Act and the regulations or any pro-
ceedings under this Act or the regulations;
(b) to the person's counsel;
(c) with the consent of the person to whom the infor-
mation relates; or
(d) to an employee of the Ministry of Consumer and
Commercial Relations or to an employee of another
ministry who requires the information in the perfor-
mance of his or her duties and if disclosure is neces-
sary for the administration of this Act or any other
Act and the regulations thereunder administered by
the Minister.
(2) The Ministry of Consumer and Commercial Relations
or another ministry may disclose information in its custody or
control to an employee of the Board if,
(a) the personal information is reasonably required to
verify the truth of the contents of an application for,
or an application for renewal of, a licence or to ver-
ify the truth of any other information supplied in
support of any such application; or
(b) the Ministry or agency of the Ministry has reason-
able grounds to believe that the personal informa-
tion is relevant to a person's qualification to hold a
licence.
Testimony in (3) Nq pcrson to whom subscctiou (1) applies shall be
civil suit required to give testimony in any civil suit or proceeding with
regard to information obtained by the person in the course of
the person's duties, employment, inquiry, investigation or
inspection except in a proceeding under this Act or the
regulations.
Certificate as
evidence
49. A statement as to,
(a) the licensing or non-licensing of any person;
(b) the filing or non-filing of any document or material
required or permitted to be filed with the Registrar;
or
(c) any other matter pertaining to licensing,
licensing, filing or non-filing,
non-
1989
FUNERAL DIRECTORS & ESTABLISHMENTS
Bill 30
35
containing information from the records kept by the Registrar
under this Act purporting to be certified by the Registrar
under the seal of the Board is, without proof of the office or
signature of the Registrar, admissible in evidence in any pro-
ceeding, in the absence of evidence to the contrary, as evi-
dence of the facts stated therein.
50. — (1) A notice, order or other document under this service
Act or the regulations is sufficiently given, served or delivered
if delivered personally or sent by first class mail addressed to
the person to whom it is to be given, served or delivered at
that person's last known address.
(2) A notice, order or other document sent by first class ^^^^
mail in accordance with subsection (1) shall be deemed to be
given, served or delivered on the fifth day after the day of
mailing, unless the person to whom it is sent establishes that
the notice, order or other document was not received until a
later date because of absence, accident, illness or other cause
beyond that person's control.
51. — (1) A funeral director who is registered with the Transition
Board of Funeral Services under the Funeral Services Act on R so. i980,
the date this Act comes into force is deemed to be licensed as
a funeral director until the expiration of the licence, unless the
licence is sooner surrendered, suspended or revoked.
(2) A person who is licensed with the Board of Funeral I'^em
Services under the Funeral Services Act to estabUsh and main-
tain a funeral services establishment on the date this Act
comes into force is deemed to be licensed to operate a funeral
establishment until the expiration of the licence, unless the
licence is sooner surrendered, suspended or revoked.
52. The board known as the Funeral Services Review Funeral
Services
Board is dissolved and any matter before the Board on the Review
date this Act comes into force shall be dealt with by the Board not
rri •. 1 continued
Tnbunal.
53. The following are repealed:
Repeals
1. The Funeral Services Act, being chapter 180 of the
Revised Statutes of Ontario, 1980.
2. Section 3 of the Mobility Rights Statute Law
Amendment Act, 1985, being chapter 5.
3. The Prearranged Funeral Services Act, being chap-
ter 387 of the Revised Statutes of Ontario, 1980.
36 Bill 30 FUNERAL DIRECTORS & ESTABLISHMENTS 1989
Commence- 54, xhis Act comcs into forcc on a day to be named by
""^"^ proclamation of the Lieutenant Governor.
Short title 55, The short title of this Act is the Funeral Directors and
Establishments Act, 1989.
Gk)vernment Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 31
An Act to revise the Cemeteries Act
The Hon. W. Wrye
Minister of Consumer and Commercial Relations
1st Reading June 12th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
The Bill revises the existing Cemeteries Act.
The purpose of the Bill is to regulate the establishment and management of cemeter-
ies and crematoria and to provide a larger measure of consumer protection. The main
features of the Bill are:
1. Appointment of a Registrar to administer the Act.
2. Municipal control of the establishment, alteration and enlargement of cemeter-
ies and crematoria, with appeal of municipal decisions to the Ontario Municipal
Board.
3. Providing for the licensing of owners of cemeteries and crematoria and of sales
representatives.
4. Provisions govern contracts for the sale of interment rights, supplies and ser-
vices by owners of cemeteries and crematoria, providing information disclosure
and rights of cancellation for pre-need purchases.
5. Telephone and door-to-door solicitation for the sale of interment rights, ceme-
tery supplies and services is prohibited.
6. Provisions are made to protect unmarked burial sites, resolve their status and.
settle disputes regarding their disposition.
7. Provisions regarding Care and Maintenance Trust Funds (formerly Perpetual
Care) are expanded to apply to monuments.
8. Provisions governing cemetery abandonment are streamlined, giving municipali-
ties full title to abandoned sites and associated trust funds.
Bill 31 1989
An Act to revise the Cemeteries Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. In this Act, Definitions
"burial site" means land containing human remains that has
not been approved or consented to as a cemetery;
"by-laws", when used in relation to a cemetery, means the
rules under which a cemetery or crematorium is operated;
"cemetery" means land set aside to be used for the interment
of human remains and includes a mausoleum, columbarium
or other structure intended for the interment of human
remains;
"cemetery services" means,
(a) in respect of a lot,
(i) opening and closing of a grave,
(ii) interring or disinterring human remains,
(iii) providing temporary storage in a receiving
vault,
(iv) construction of a foundation for a marker,
(v) setting of corner posts,
(vi) providing,
(A) a tent or canopy,
(B) carrying and lowering devices, and
(C) ground cover,
Bill 31 CEMETERIES 1989
for an interment service, and
(vii) preparing flower beds and planting flowers
and shrubs,
(b) in respect of a crypt or compartment in a mauso-
leum,
(i) opening, closing and sealing of the crypt or
compartment,
(ii) providing temporary storage in a vault or
crypt,
(iii) providing a tent or canopy for an interment
service, and
(iv) providing elevating devices,
(c) in respect of a niche or compartment in a colum-
barium,
(i) opening, closing and sealing of the niche or
compartment, and
(ii) providing a tent or canopy for an interment
service,
(d) in respect of a crematorium, all services provided by
the owner of the crematorium at the crematorium,
and
(e) in respect of a cemetery, such other services as are
provided by the owner of the cemetery at the
cemetery;
"cemetery supplies" includes interment vaults, markers, flow-
ers, liners, urns, shrubs and artificial wreaths and other
articles intended to be placed in a cemetery;
"columbarium" means a structure designed for the purpose of
interring cremated human remains in sealed compartments;
"commercial cemetery" means a cemetery operated for the
purpose of making a profit for the owner;
"crematorium" means a building fitted with appliances for the
purpose of cremating human remains and includes every-
thing incidental and ancillary thereto;
1989 CEMETERIES Bill 31 3
"Director" means a Director appointed under the Ministry of Rs.o. i980,
Consumer and Commercial Relations Act; *^ ^^'^
"equity share" means a share of a class of shares that carries a
voting right either under all circumstances or under some
circumstances that have occurred and are continuing;
"human remains" means a dead human body and includes a
cremated human body;
"income" means the interest or money earned, including the
compounding thereof, by the investment of funds;
"inter" means the burial of human remains and includes the
placing of human remains in a lot;
"interment rights" includes the right to require or direct the
interment of human remains in a lot;
"interment rights holder" means a person with interment
rights with respect to a lot and includes a purchaser of
interment rights under the Cemeteries Act, being chapter 59
of the Revised Statutes of Ontario, 1980, or a predecessor
of that Act;
"land registry office" means the land registry office or the
land titles office in the area in which a cemetery is located;
"lot" means an area of land in a cemetery containing, or set
aside to contain, human remains and includes a tomb, crypt
or compartment in a mausoleum and a niche or compart-
ment in a columbarium;
"marker" means any monument, tombstone, plaque, head-
stone, cornerstone, or other structure or ornament affixed
to or intended to be affixed to a burial lot, mausoleum
crypt, columbarium niche or other structure or place
intended for the deposit of human remains;
"mausoleum" means a building or structure, other than a
columbarium, used as a place for the interment of the
human remains in sealed crypts or compartments;
"Minister" means the Minister of Consumer and Commercial
Relations;
"municipality" means the corporation or other entity having
municipal jurisdiction in the area in which a cemetery is
located and includes a county government, police village.
4 Bill 31 CEMETERIES 1989
regional municipality, city, town, village, township or
improvement district or the council thereof;
"owner" means an owner of a cemetery or a crematorium;
"person" includes a board of trustees, local council of a
municipality or other organization or group of persons
organized for the purpose of operating or managing a
cemetery;
"plot" means two or more lots in which the rights to inter
have been sold as a unit;
"pre-need supplies or services" means cemetery supplies or
services that are not required to be provided until the death
of a person alive at the time the arrangements are made;
"prescribed" means prescribed by the regulations made under
this Act;
"Registrar" means the Registrar appointed under this Act;
"sales representative" means,
(a) a person who sells or offers for sale interment rights
or cemetery supplies or services on behalf of a com-
mercial cemetery, or
(b) a person whose primary employment is selling inter-
ment rights or cemetery supplies or services;
"Tribunal" means The Commercial Registration Appeal
Tribunal;
"trust fund" means a trust fund established for the purpose of
this Act.
CONSENT TO ESTABLISH CEMETERY OR CREMATORIUM
Consent for 2. No pcrsou shall establish, aher or increase the capacity
cemeery, ^^ ^ cemetery or crematorium without the consent of the
Registrar.
Application 3, — (1) An applicant for consent shall apply to the
Registrar and,
(a) pay the prescribed fee;
1989
CEMETERIES
Bill 31
(b) submit the prescribed documents showing the layout
of the cemetery and the location of existing or pro-
posed plots, lots, structures and fixtures; and
(c) if the applicant is the owner of a commercial ceme-
tery or a cemetery of a class prescribed for the pur-
pose of this clause, pay a deposit in a prescribed
amount into a Care and Maintenance Fund.
(2) If the cemetery or crematorium is proposed to be estab- Approval
lished or already exists in an area with municipal organization, ^^^^^^^
the appUcant, before applying for the consent of the Regis-
trar, must obtain the approval to the proposal of the appro-
priate municipality.
(3) If the cemetery or crematorium is to be established or idem
enlarged to encroach on land, in an area without municipal
organization, that is Crown land at the time of the application
for consent, the applicant, before applying for the consent of
the Registrar, must obtain the approval to the proposal of the
Minister of Natural Resources.
4. A municipality that receives a request for an approval P"^'?^
required by subsection 3 (2) may hold public hearings to ^^™^
determine if the approval is in the public interest.
5. — (1) A municipality, upon receiving a request for Decision
approval, shall give or refuse to give the approval within a
reasonable time after receiving the request.
(2) In considering a request for an approval, the principle ^^^^'^
factor shall be the public interest.
(3) A municipality shall, upon arriving at a decision on an Notice of
application,
(a) send a copy of the decision together with the rea-
sons for it to the Registrar and to the applicant; and
(b) publish notice of the decision in a local newspaper.
(4) The applicant. Registrar or any person with an interest Appeal
therein may, within fifteen days after publication of the notice
of the decision, refer the decision of a municipality to the
Ontario Municipal Board for a hearing.
(5) Despite subsection (4), if an applicant or the Registrar i^em
does not receive a copy of a decision until after the decision is
published, the fifteen days referred to in subsection (4) apply
Bill 31
CEMETERIES
1989
Repre-
sentation
Board
decision
Idem
Certificate of
consent
after the applicant or Registrar, as the case may be, receives
the copy.
(6) The Registrar is entitled to make representations to the
Ontario Municipal Board in any appeal under subsection (4).
6. — (1) The Ontario Municipal Board may reverse the
decision appealed from and substitute its own decision.
(2) A decision of the Board that is substituted under sub-
section (1) shall be deemed to be the decision of the munici-
pality.
7. — (1) The Registrar shall give a certificate of consent to
the establishment, alteration or increase in the capacity of a
cemetery or crematorium, as the case may be, if,
(a) the applicant has the approval of the municipality or
the Minister of Natural Resources;
Notice of
refusal to
issue
(b) the applicant is licensed to own that cemetery and is
and will be on the granting of the licence in compli-
ance with the requirements of this Act and the regu-
lations and the laws intended for the protection of
the environment and of health; and
(c) where neither approval referred to in clause (a) is
required, the Registrar is satisfied that the consent
is in the public interest.
(2) The Registrar, on refusing to give a certificate of con-
sent, shall advise the applicant, in writing, of,
Appeal
(a) the reason for the refusal; and
(b) the applicant's right to appeal.
(3) An applicant who receives a notice under subsection (2)
may appeal to the Tribunal within fifteen days after receiving
the notice.
Order by
Tribunal
Idem
(4) If the Tribunal finds that the applicant is in compliance
with clauses (1) (a) and (b) or that giving the consent is in the
public interest, as the case may be, the Tribunal shall order
the Registrar to issue the certificate of consent applied for or
a consent in a modified version.
(5) Upon receiving an order under subsection (4), the Reg-
istrar shall issue the certificate as ordered.
1989 CEMETERIES Bill 31 1
(6) A certificate of consent shall contain a sufficient Registration
description of the cemetery or crematorium so that the certifi-
cate may be registered in the appropriate land registry office.
(7) Upon registration of a certificate of consent, the land Effect of
described therein becomes a cemetery. registration
CLOSING CEMETERY
8. — (1) In this section and in sections 9, 10, 11, 12 and 13, closing
a reference to a cemetery includes any part of a cemetery. cemetery
(2) The Registrar may order a cemetery closed if the clos- i^Jem
ing is in the public interest.
(3) An order shall not be made under subsection (2) until. Notice
(a) notice of the intention to make the order is given in
the manner and to the persons prescribed; and
(b) interested persons are given the opportunity to
make submissions to the Registrar within such time
as is prescribed.
(4) Notice is not required if, Wem
(a) the request is from the owner;
(b) no interments have been made in the cemetery to
be closed; and
(c) the consent of all affected interment rights holders
has been obtained.
9. — (1) In an order to close a cemetery, the Registrar c>rder
may,
(a) declare a cemetery or a portion thereof closed;
(b) require the owner to disinter all human remains
therein and specify the manner of disinterment and
the manner and place of reinterring or dealing with
the remains;
(c) require the owner to remove any markers and relo-
cate them to a specified place; and
(d) require the owner to provide or acquire equivalent
interment rights for all holders of interment rights
with respect to unused lots in the cemetery.
8
Bill 31
CEMETERIES
1989
Substitution
Notice
(2) In an order to close a cemetery, the Registrar may des-
ignate another person to do anything that the owner may be
required to do.
(3) The Registrar shall give every person who made a sub-
mission notice of the order and at the same time advise the
person of the right of appeal.
Coming into (4) Subject to subsection (5), an order to close a cemetery
^°^'^ comes into force thirty days after it is made unless there is an
appeal filed before the order comes into force or the order
sets out a later date.
Idem
(5) If submissions were made in respect of the order, the
order comes into force thirty days after notice has been given
to each person who made a submission unless there is an
appeal filed before the order comes into force or the order
sets out a later date.
Idem
Appeal
Certificate
(6) An order that is appealed comes into force upon being
upheld by the Tribunal.
10. A person with an interest therein may appeal, to the
Tribunal,
(a) an order to close a cemetery any time before the
order comes into force; or
(b) a refusal to order a cemetery closed.
11. — (1) The Registrar, upon being satisfied that the
requirements in an order to close a cemetery have been com-
plied with, shall issue a certificate, with a legal description of
the land involved, that the cemetery is closed.
(2) Despite subsection (1), an applicant therefor is entitled
to a certificate that a cemetery is closed if the cemetery had
been closed by the Lieutenant Governor in Council but a cer-
tificate issued under subsection 59 (7) of the Cemeteries Act,
being chapter 59 of the Revised Statutes of Ontario, 1980, or
a predecessor of that subsection has not been registered.
Registration (3) A Certificate issued under this section may be registered
in the appropriate land registry office.
(4) Upon registration of a certificate of closing, the land
described therein ceases to be a cemetery.
Idem
Effect of
registration
Maintenance 12. — (1) Where any money has been paid into a care and
^""'^ maintenance fund with respect to a cemetery that is to be
1989
CEMETERIES
Bill 31
closed, the Registrar shall direct that money to be transferred
to the trustee of the fund maintained by the owner of the
cemetery into which the human remains are to be reinterred
or where the interment rights are to be exercised.
(2) The amount transferred under subsection (1) is a credit ^^^^
against the amount required to be paid into the fund by the
owner of the cemetery into which the human remains are to
be reinterred or where the interment rights are to be exer-
cised.
13. Where any money has been paid into a pre-need
assurance fund with respect to interment rights in a cemetery
that is to be closed, the Registrar shall direct that money to be
paid to the trustee of the fund maintained by the owner of the
cemetery where alternative interment rights have been made
available for the holders of interment rights in the cemetery to
be closed.
Pre-need
assurance
fund
LICENCES
14. No person shall own a cemetery or crematorium unless Licence
licensed under this Act to own that cemetery or crematorium.
required
15. — (1) A person may apply to the Registrar for a licence Licence to
to own a cemetery or crematorium.
(2) An applicant is entitled to a licence except if, Requirements
(a) the applicant cannot reasonably be expected to be
financially responsible in the operation of a ceme-
tery or crematorium;
(b) the past or present conduct of the applicant, the
officers or directors of the applicant or persons
holding more than 10 per cent of the equity shares
of the applicant affords reasonable grounds for
belief that the cemetery or crematorium will not be
managed in accordance with the law and with integ-
rity and honesty;
(c) the applicant or managing employees of the appU-
cant do not have the experience and competence
required to manage the cemetery or crematorium in
accordance with the law;
(d) the applicant is carrying on activities that are, or
will be if the applicant is licensed, in contravention
of this Act or the regulations;
10
Bill 31
CEMETERIES
1989
(e) the applicant will, if licensed, be carrying on activi-
ties under this Act that are in contravention of
another Act or a municipal by-law;
Issue of
licence
(f) the applicant is unable to provide the resources and
facilities required to manage a cemetery or cremato-
rium; or
(g) the applicant or an employee or agent of the appli-
cant has made a false statement or provided false
information in an application for a licence.
(3) The Registrar shall issue a licence to own an identified
cemetery or crematorium to an applicant therefor who pays
the prescribed fee, complies with the regulations and is not
disentitled under subsection (2).
Conditions (4) ^ licence is subject to such conditions as may be con-
Hcence"^ ° seutcd to by the applicant, imposed by the Tribunal or
prescribed.
Notice (5) If the Registrar intends to refuse to issue a licence, the
Registrar shall give the applicant notice of and reasons for the
intention and, at the same time, advise the applicant of th<
right to appeal.
Appeal (5) An applicant who receives a notice under subsection (5'
may appeal the intended refusal to the Tribunal within fifteei
days after receiving the notice.
Refusal to
issue licence
(7) If no appeal is filed under subsection (6), the Registra
may refuse to issue the licence applied for.
Revocation
of owner's
licence
16. — (1) The Registrar may revoke or refuse to renew
licence to own a cemetery or a crematorium if,
(a) the conduct or situation of the licensee is such as tc
disentitle the licensee from being granted a licence;
(b) where the licensee is a corporation, the share-
holders of the corporation have changed in the
manner and to the extent prescribed; or
(c) the Registrar has reasonable and probable grounds
to believe that the continued operation of the ceme-
tery or crematorium by the licensee,
(i) creates a risk to public health, safety or
decency, or
1989
CEMETERIES
Bill 31
11
(ii) will result in a financial loss by members of
the public because provisions of this Act or
the regulations are not being complied with.
(2) If the Registrar intends to revoke or to refuse to renew Notice
a licence, the Registrar shall give the licensee notice of and
reasons for the intention and, at the same time, advise the
licensee of the right to appeal.
(3) Any licensee who receives a notice under subsection (2) Appeal
may appeal the intended re ocation or refusal to the Tribunal
within fifteen days after receiving the notice.
(4) If an appeal has been filed under subsection (3), the Delay
Registrar shall not revoke the licence unless the Tribunal
determines that the licence should be revoked.
(5) If no appeal is filed under subsection (3), the Registrar where no
may revoke the licence after the time for appeal has expired. ^^^^
(6) Section 14 does not apply to an owner whose licence is Exception to
revoked so long as the Registrar is satisfied that the owner is requSent
making reasonable efforts to sell the cemetery or
crematorium.
17. — (1) The Director may appoint a manager to operate a Appointment
cemetery or crematorium in the place of the owner if, ° manager
(a) the Director has reasonable and probable grounds,
based on a statement under oath, to believe that the
owner is doing or is about to do something in the
operation of the cemetery or crematorium that,
(i) creates or is likely to create a risk to public
health, safety or decency, or
(ii) is causing or is likely to cause financial loss to
members of the public; or
(b) the owner's licence is revoked.
(2) A manager appointed under subsection (1) has all the Powers of
powers of the owner with respect to the operation of the cem- ^^^^^^^
etery or crematorium including the power to exclude the
owner and, if the owner is a corporation, the directors or
officers of the corporation, from the premises of the business.
(3) From the appointment of a manager under subsection Effect of
(1) until the appointment is cancelled, the owner being ^pp"'"*'"^"^
replaced does not have the authority to deal with any assets or
12 Bill 31 CEMETERIES 1989
trust funds relating to the cemetery or crematorium and shall
not be involved in the operation of the cemetery or crema-
torium.
Appeal (4) Any person affected by an appointment of a manager
may apply to a judge of the Supreme Court- for an order can-
celling the appointment and the order may include such direc-
tions and conditions as seem appropriate.
Selling 18, — (1) No person shall sell interment rights unless that
righ™^° person does so as an agent acting on behalf of a licensed
owner.
Selling (2) No pcrson shall act as a sales representative on behalf
of an owner unless that person is licensed as a sales represent-
ative and represents an owner specified in the sales represent-
ative's licence.
supplies, etc.
Exception for (3) Subsectious (1) and (2) do not apply to preclude
person licensed as an owner from selling rights, services or
supplies to be used in or provided at a cemetery or cremato-
rium owned by that person.
Licence to 19, — (1) An individual may apply to the Registrar for a
licence to act as a sales representative on behalf of an owner.
Requirements (2) An applicant is entitled to a licence except if,
for licence \ / 1 1
(a) the past or present conduct of the applicant affords
reasonable and probable grounds for beheving that
the applicant will not carry on business in accord-
ance with the law and with integrity and honesty;
(b) the applicant, in receiving the licence, would be in a
position of apparent conflict of interest;
(c) the applicant does not have a position with a
licensed owner or a commitment to be hired by a
licensed owner upon receiving a licence; or
(d) the applicant has made a false statement or pro-
vided false information in an application for a
licence.
Past conduct (3) A couvictiou for au offence that involves misrepresenta-
tion or a lack of integrity or honesty is evidence, in the
absence of evidence to the contrary, that the person convicted
will not carry on business in accordance with the law and with
integrity and honesty within the meaning of clause (2) (a).
CEMETERIES
Bill 31
13
(4) An applicant's intention to work for more than one Conflict of
owner is evidence, in the absence of evidence to the contrary,
of an apparent conflict of interest.
(5) The Registrar shall issue a licence to act as a sales rep- issue of
resentative to every applicant therefor who pays the pre-
scribed fee, complies with the regulations and is not disen-
titled under subsection (2).
licence
(6) A licence is subject to such conditions as may be con- Conditions
sented to by the licensee, imposed by the Tribunal or pre- ?Sce"^ *°
scribed.
(7) If the Registrar intends to refuse to issue a licence, the Notice
Registrar shall give the applicant notice of and reasons for the
intention and, at the same time, advise the applicant of the
right to appeal.
(8) An applicant who receives a notice under subsection (7) Appeal
may appeal the intended refusal to the Tribunal within fifteen
days after receiving the notice.
(9) If no appeal is filed under subsection (8), the Registrar Refusal to
may refuse to issue the licence.
20. — (1) The Registrar may revoke, suspend or refuse to Revoking,
renew a sales representative's licence if the conduct or situa- refuslng'to °^
tion of the licensee is such as to disentitle the licensee from renew sales
being granted a licence.
(2) If the Registrar intends to revoke, suspend or refuse to Notice
renew a licence, the Registrar shall give the licensee notice of
and reasons for the intention and, at the same time, advise the
licensee of the right to appeal.
(3) If there are grounds to suspend a licence and the Regis- immediate
trar considers it to be in the public interest that the licence be ^"^p^"^*°"
suspended immediately, the Registrar may, by order, suspend
a sales representative's licence with the order taking effect
when it is made.
(4) An immediate suspension expires fifteen days after it is i^em
appealed to the Tribunal unless, before the fifteen days
expire, the Tribunal extends the suspension.
(5) Any licensee who receives a notice under subsection (2) Appeal
may appeal the intended revocation or suspension to the
Tribunal within fifteen days after receiving the notice.
14
Bill 31
CEMETERIES
1989
Idem
Delay
Where no
appeal
Application
Idem
(6) Any licensee whose licence is suspended under sub-
section (3) may appeal the suspension to the Tribunal.
(7) If an appeal has been filed under subsection (5), the
Registrar shall not revoke or suspend the licence unless the
Tribunal determines that the licence should be revoked or sus-
pended.
(8) If no appeal is filed under subsection (5), the Registrar
may revoke or suspend the licence after the time for appeal
has expired.
21. — (1) A person who is refused a licence or a renewal of
a licence under this Act may apply for a licence only after one
year has passed since the refusal.
(2) A person whose licence is revoked under this Act may
apply for a licence only after one year has passed since the
revocation.
Continuation 22. The licence of a licensee who has applied for a
renewal of the licence continues until,
(a) the renewal is granted; or
(b) if the licensee is served with a notice that the Regis-
trar intends to refuse to renew, the time for appeal
has expired or, if an appeal is required, the matter
has been finally determined.
CONSUMER PROTECTION
Interment
rights
Idem
Idem
Idem
Idem
23. — (1) An interment rights holder may require, by writ-
ten demand, the owner to repurchase the rights at any time
before they are used.
(2) Every owner who receives a demand made under sub-
section (1) shall repurchase the interment rights within thirty
days after receiving the demand.
(3) The repurchase price of interment rights shall be deter-
mined in the prescribed manner.
(4) An interment rights holder or the personal representa-
tive of the holder has the right to inter any human remains in
a lot or other facility approved under this Act in accordance
with the by-laws governing the facility.
(5) An interment rights holder or the personal representa-
tive of the holder may erect a commemorative marker on a lot
1989
CEMETERIES
Bill 31
15
or other receptacle for human remains if the erection of the
marker is not in contravention of the by-laws governing the
facility.
(6) Every person has the right to reasonable access to a lot wem
at any time except as prohibited by the by-laws governing the
facility.
(7) An interment rights holder and the relatives of any per- idem
son whose remains are interred in a cemetery have the right to
decorate the appropriate lot if the decoration is not in contra-
vention of the by-laws governing the facility.
(8) Subsection (1) does not apply to require repurchase of Exception
interment rights in a plot in which any interment rights have
been exercised.
24. — (1) A purchaser of pre-need supplies or services from Pre-need
an owner may cancel, by written notice to the owner, the con- suppHes °^
tract to purchase at any time before the services or the sup-
plies are provided or if the owner contravenes subsection (5).
(2) Subsection (1) or (5) does not apply if the supplies or wem
services are provided within thirty days after the contract is
made because of the death of the person for whom the sup-
plies or services were contracted.
(3) Subject to subsection (4), an owner who receives a
notice that a contract is cancelled under this section shall
refund to the purchaser all money, together with all income
thereon, received under the contract within thirty days after
receiving the notice.
Idem
(4) An owner to whom this section applies may retain a I'lem
service fee determined in the prescribed manner unless the
contract is cancelled within thirty days after it is made.
(5) No owner shall provide pre-need supplies or services Prohibition
under a contract within the thirty-day period immediately
following the day the contract is made.
(6) This section applies to contracts for pre-need supplies Application
or services whether the contracts were made before or after
this section comes into force.
25. — (1) A contract for the purchase of interment rights or contract
cemetery supplies or services is not enforceable by an owner '^^'i"''^^'"^" ^
unless,
16
Bill 31
CEMETERIES
1989
(a) it is written, signed by both parties and complies
with the regulations;
(b) it sets out the purchaser's cancellation rights under
this Act and whether or not cemetery supplies or
services are to be provided before the death of the
person for whom they are contracted;
(c) the owner complies with subsections (2) and (3);
and
Idem
Idem
Refund with
interest
Idem
(d) the owner delivers a signed copy of the contract to_
the purchaser at the time the contract is made.
(2) An owner who sells interment rights must deliver to the
purchaser at the time the contract is made a copy of the
by-laws of the cemetery and a certificate of interment rights.
(3) An owner who sells pre-need supplies or services musf
set out in the contract exactly what the suppUes or services are
and the price charged for them.
(4) An owner who receives money under a contract that is
not enforceable because of the application of this section shall
refund to the purchaser, immediately upon written demand,
with interest at the prescribed rate, all money received.
(5) Subsection (4) applies even though the owner has paid
the money into a trust fund that is not accessible to the
owner.
Exception (g) Subscction (4) does not apply, in the case of interment
rights, after the rights are used or, in the case of cemetery
suppUes or services, after the supplies or services are pro-
vided.
Public
information
Price list
26. Every owner shall make such information as is
prescribed available to the public in the manner and form
prescribed.
27. — (1) Every owner shall file with the Registrar a price
list of all interment rights and cemetery services and supplies
that may be sold and all charges that may be made by that
owner.
Idem
(2) No owner shall charge or collect or receive money for
interment rights or cemetery supplies or services that is more
than the price for the rights, supplies or services filed by the
owner with the Registrar and not disallowed.
1989
CEMETERIES
Bill 31
17
(3) The Registrar, upon receiving a price list, may disallow, Approval of
within thirty days after the list is filed, any price that, in the
opinion of the Registrar, is excessive or significantly higher
than current market price for the supplies, services or rights
within the applicable area.
(4) The Registrar shall give immediate written notice to the Notice of
owner who filed the price list of any price on the list that is
disallowed and, in the notice, shall give the reasons for the
disallowance.
(5) If the Registrar disallows a price on a price list, the Appeal
owner who filed the list may appeal the disallowance to the
Tribunal.
(6) An owner who has charged any person a price that is Repayment
disallowed by the Registrar shall pay, forthwith, to that per-
son the difference between the price charged and the price
allowed.
28. — (1) If the Registrar believes, on reasonable and prob- Advertising
able grounds, that any person licensed under this Act has
made a false or misleading public representation or a repre-
sentation that is in contravention of this Act or the regu-
lations, the Registrar shall order that person to stop making
the representation and, in the order, shall set out the reasons
for the order.
(2) A person who receives an order under subsection (1) Compliance
shall immediately comply with the order and shall refrain from
making the representation, in any form, in the future.
(3) Any person who receives an order under subsection (1) Appeal
may appeal the order to the Tribunal.
(4) The Tribunal may issue a stay of any order made by the stay of order
Registrar under subsection (1).
29. — (1) No person shall contact, in any way, a person in ^"'i^*?'"^^
a hospital, nursing home or such other institution as is pre- p""*^ ' '^
scribed for the purpose of suggesting that a contract for the
purchase of interment rights or cemetery supplies or services
be made.
(2) No person shall contact, by telephone or in person, a ^^^^m
person for the purpose of suggesting that a contract for the
purchase of interment rights or cemetery supplies or services
be made.
18
Bill 31
CEMETERIES
1989
Exception
Regulations
Abandoned
interment
rights
Idem
Inquiry
Declaration
Notice
(3) This section does not prohibit any contact made at the
request of the person being contacted.
(4) The Lieutenant Governor in Council may make regu-
lations defining "contract" for the purpose of this section.
30. — (1) A cemetery owner may apply to the Registrar for^
a declaration that interment rights are abandoned.
(2) An application may be made under subsection (1) only
in respect of interment rights that had been sold at leasl
twenty years before the application and have not been used.
(3) The Registrar, on receiving an application under sub"
section (1), shall make such inquiry and direct the applicant to
give such notices as seem reasonable in the circumstances.
(4) Upon being satisfied that the rights are abandoned, the
Registrar shall issue a declaration to that effect.
(5) The Registrar shall give notice of the declaration or the
decision to not make the declaration to the applicant and to
every person who has indicated to the Registrar an interest in
the matter.
Appeal (6) Any person who has an interest in the matter may
appeal the decision of the Registrar to the Tribunal within
thirty days after notice of the decision is given under sub-
section (5).
Right to sell 31, A cemetery owner may resell interment rights that
righ"s°"^ have been declared abandoned,
(a) if there is no appeal, at the end of the time for
appeal; or
(b) if there is an appeal, when the appeal has been
finally determined supporting the declaration.
Rights 32. — (1) Any person whose interment rights have been
proSion resold after being declared abandoned may apply to the
Registrar for redress.
Idem
(2) The Registrar, upon receiving an application under sub-
section (1), shall order the cemetery owner or the owner's
successor, as the case may be, to provide, subject to sub-
section (6), better or equivalent interment rights in that ceme-
tery or to refund an amount determined as prescribed.
1989 CEMETERIES Bill 31 19
(3) Any person whose interment rights have been declared ^'^em
abandoned but have not been resold may apply to the Regis-
trar to have those rights restored.
(4) The Registrar, upon receiving an application under sub- ^dem
section (3), shall order that the declaration be cancelled and
that the rights be restored to the person entitled thereto.
(5) This section does not apply in respect of interment Exception
rights in cemeteries that are abandoned.
(6) If the cemetery referred to in subsection (2) is one in ^^^^
which interment rights are not available but the owner owns a
cemetery in which interment rights are available, the applicant
shall be given the option of accepting better or equivalent
interment rights in that cemetery.
33. — (1) If a marker has been erected on a lot that is the Markers
subject-matter of a declaration of abandonment, the cemetery
owner shall remove and store it at the owner's expense for at
least twenty years.
(2) If an order is made under subsection 32 (2) to provide i^em
alternate interment rights, the cemetery owner shall re-erect
the marker at the new site at the owner's expense.
(3) If subsection (2) does not apply, the cemetery owner idem
may dispose of the marker at the expiration of the twenty-
year period.
34. — (1) A cemetery owner who has available space shall Assisted
provide, upon receiving a written instruction from a welfare cemetery
administrator,
(a) a lot for the interment of the remains of any person
referred to in the instruction;
(b) opening and closing services in conjunction with the
interment; and
(c) such other related services as are prescribed.
(2) A crematorium owner shall provide, upon receiving a Crematorium
written instruction from a welfare administrator,
(a) a crematorium service for the remains of any person
referred to in the instruction; and
(b) such other related services as are prescribed.
20
Bill 31
CEMETERIES
1989
Exception (3) Subscctions (1) and (2) do not apply to require a reli-
gious organization to inter or cremate the remains of a person
who is disentitled to burial or cremation in a cemetery or
crematorium owned by that organization.
Payment (4) An owncr who provides a service under this section is
entitled to be paid the prescribed amount for the service by
the welfare administrator.
Welfare
administrator
(5) The Lieutenant Governor in Council may make regu-
lations defining "welfare administrator" for the purpose of.
this section and designating persons by title or job description
who are considered welfare administrators for this purpose.
TRUST FUNDS
Care and
maintenance
trust funds
1987, c. 33
35. — (1) Every cemetery owner who sells, assigns or trans-
fers interment rights shall establish with a corporation reg-
istered under the Loan and Trust Corporations Act, 1987, with
that corporation as trustee, a trust fund designated the "Care
and Maintenance Fund" for the purpose of providing money
for the care and maintenance of the cemetery.
Payments
into fund
(2) An owner who is required to establish a fund under this
section shall pay into the fund prescribed amounts within the:
prescribed times.
Payments out (3) A trustcc of a fund established under this section shall
°^ ^^^ pay the income from the fund, after deducting therefrom the
trustee's fees, to the owner of the cemetery involved.
Use of
money
Capital
portion
Idem
(4) An owner receiving money pursuant to subsection (3)
shall use the money for the upkeep of the cemetery and the
markers and structures therein in the prescribed manner.
(5) No trustee of a fund established under this section shall
pay out any of the capital portion of the fund.
(6) Subsection (5) does not apply to preclude a trustee from
transferring the fund, with the consent of the Registrar, to
another trustee.
Municipal
owners
Pre-need
assurance
trust funds
1987, c. 33
(7) Despite subsection (1), an owner that is a municipality
may act as the trustee of a Care and Maintenance Fund estab-
lished by that municipality.
36. — (1) Every owner who sells pre-need cemetery sup-
plies or services shall establish with a corporation registered
under the Loan and Trust Corporations Act, 1987, with that
1989
CEMETERIES
Bill 31
21
corporation as trustee, a trust fund designated as the
need Assurance Fund".
'Pre-
(2) Subsection (1) applies to an owner in respect of sales wem
made by a person that the owner is associated or affiliated
with in a manner that is prescribed.
(3) An owner who is required to establish a fund under this Payments
section shall pay into the fund all money received for pre-need
supplies or services within the prescribed times.
(4) A trustee of a fund established under this section shall Trust funds
hold all money received for the benefit of the purchaser until
that portion of the contract in respect of which the money was
paid is completed.
(5) When a portion of a contract is completed, the trustee ^'^^"^
shall pay to the owner the lesser of,
(a) the current market price filed with the Registrar for
the supplies or services; or
(b) an amount equal to the payments made for the sup-
plies or services together with income accrued on
those payments.
(6) If the amount referred to in clause (5) (b) exceeds the Wem
price referred to in clause (5) (a), the trustee shall pay the
amount of the excess to the owner.
(7) If a contract in respect of which money is held in the Pno^ ^
trust fund is cancelled, the trustee shall pay, to the owner, the
amount of the initial payments together with income accrued
on that amount.
(8) Subject to subsection 24 (4) (retention of service fee), ^JJ^^JJr*"
an owner who receives a payment under subsection (7) shall ^^^^ ^^'^
pay the amount to the purchaser involved within twenty days
after receiving the payment.
(9) An owner who receives a payment under subsection (6) ^^^^
shall pay the amount to the purchaser or, if an interment has
taken place, to the estate of the person interred within twenty
days after receiving the payment.
(10) Despite subsection (1), an owner that is a municipality Municipal
may act as the trustee of a Pre-need Assurance Fund estab-
lished by that municipality.
22
Bill 31
CEMETERIES
1989
Restrictions 37, No investment of money in a trust established pur-
agreS^lnts suant to this Act shall be made except as permitted under sec-
R.s.o. 1980, tion 26, 27 or 28 of the Trustee Act despite any other authori-
zation or direction in the trust agreement.
c. 512
Marker
installation
38. — (1) Every person installing a marker in a cemetery
shall pay to the cemetery owner the prescribed amount.
Payment into (2) An owncr receiving money pursuant to subsection (1)
^"'^ shall pay the money into the Care and Maintenance Fund
established for that cemetery.
Idem (3) An owner who does not receive payment under
subsection (1) for a marker shall pay into the Care and
Maintenance Fund a prescribed amount.
Trust funds 39. — (1) AH moucy received by an owner that is required
5wne?^ to be paid into a trust fund but that is not immediately turned
over to a trustee of a trust fund shall be deposited by the
owner in a trust account with a credit union or caisse popu-
R.s.o. 1980, laire registered under the Credit Unions and Caisses Popu-
"- ^^^ laires Act, a chartered bank of Canada, the Province of
Ontario Savings Office or a trust or loan corporation reg-
1987, c. 33 istered under the Loan and Trust Corporations Act, 1987.
Idem
(2) Money deposited by an owner in a trust account under
subsection (1) shall be placed by the owner into a trust fund
or otherwise paid out in accordance with this Act or the regu-
lations within the time prescribed.
Providing 40. — (1) The Registrar or the Public Trustee may require
mformation, ^^^ ^^^^^ ^^ \.ruS,iQQ tO provide,
(a) any information on trust accounts or trust funds that
the owner or trustee is involved with; and
(b) audited financial statements on any trust account or
trust fund relating to a cemetery or crematorium
that the owner or trustee is involved with.
Idem
(2) Every owner or trustee who receives a request pursuant
to subsection (1) shall forthwith provide all the information or
statement required or an explanation as to why it is not possi-
ble to provide the information or statement.
Surrogate
Court
41.— (1) The Registrar or the Public Trustee may apply to
the Surrogate Court to pass the accounts of any trust fund.
1989
CEMETERIES
Bill 31
23
(2) The court, on passing any account, may review and pass Wem
upon any agreement made by an owner of a cemetery or cre-
matorium.
(3) The court, on passing any account, may make any order i<Jem
that it considers necessary to ensure that the trust is carried
out.
42. No cemetery or crematorium owner shall charge or No compen-
jceive any compensation or payment for the effort or owner °
'expense of establishing or maintaining a trust fund.
43. — (1) Despite subsections 35 (1) and 36 (1), an owner use of Public
^ho does not have a practical alternative may require the ^^^^
iPublic Trustee to act as a trustee for that owner's Care and
laintenance Fund or Pre-need Assurance Fund.
(2) The Registrar and the Public Trustee have an interest in interested
trust funds. ^^"^'^^
CEMETERY AND CREMATORIUM OPERATIONS
44. — (1) Every cemetery owner shall maintain, without
:harge to interment rights holders, the grounds of the ceme-
tery, including all lots, structures and markers, to ensure the
safety of the public and to preserve the dignity of the ceme-
Maintenance
by cemetery
owner
(2) Despite subsection (1), an owner of a non-commercial Exception
jmetery may charge interment rights holders, at a rate
approved by the Registrar, for the maintenance of lots and
larkers that were sold before 1955 if there were no trust
mds collected for that purpose.
45. No owner shall carry on business, in a manner pre- operating
;ribed, in conjunction with a person licensed to operate a Establishment,
meral establishment or transfer service. etc-
46. Every cemetery owner shall ensure that all interments ^°°^ o^der
the cemetery are carried out in a decent and orderly man-
ler and that quiet and good order are maintained in the ceme-
tery at all times.
47. No person shall inter human remains except in a cem- interment in
Jtery that has been consented to by the Registrar and is on™^^*^
)wned by an owner licensed under this Act.
48. If a marker in a cemetery presents a risk to public Repairing
safety because it is unstable, the owner of the cemetery shall "^^^
24
Bill 31
CEMETERIES
1989
do whatever is necessary by way of repairing, resetting or lay-
ing down the marker so as to remove the risk.
Mortgage on 49, — (1) No encumbrance or charge on a cemetery or cre-
cemetery matorium is enforceable unless it was given as security for
money borrowed for,
(a) the purpose of improving the facilities provided;
(b) the purpose of acquiring land for a cemetery or cre-
matorium; or
Restriction
By-laws
Owner's
by-laws
When
effective
Prescribed
bv-laws
Notice of
by-laws
Approval by
Registrar
Revocation
of by-laws
Idem
Notice of
disallowance
or revocation
(c) a purpose, approved by the Registrar, relating to
the operation of the cemetery or crematorium.
(2) No encumbrancer claiming an interest in a cemetery or
crematorium may deal with the cemetery or crematorium
except in accordance with this Act.
50. — (1) No person shall operate a cemetery or cremato-
rium except in accordance with the by-laws applying to that
cemetery or crematorium.
(2) An owner of a cemetery or crematorium may make by-
laws affecting the operation of the cemetery or crematorium.
(3) No by-law made by an owner is effective until it is filed
with and approved by the Registrar.
(4) The Lieutenant Governor in Council may make regu-
lations prescribing by-laws that apply to cemeteries or crema-
toria or to any prescribed classes of cemeteries or crematoria.
(5) An owner filing a by-law shall give such notice as is pre-
scribed to such classes of persons as are prescribed.
(6) A by-law filed with the Registrar under this section
shall be approved by the Registrar unless the approval is not
in the public interest or the effect of the by-law is to give the
owner an unreasonable or unfair competitive advantage over
another supplier of cemetery services or supplies.
(7) The Registrar may revoke any by-law that the Registrar
could have refused to approve under subsection (6).
(8) Subsection (7) applies even though the Registrar has
previously approved the by-law.
(9) If the Registrar intends to refuse to approve or revoke a
by-law, the Registrar shall give the owner notice of the inten-
1989 CEMETERIES Bill 31 25
tion and, at the same time, advise the owner of the right to
appeal.
(10) An owner who receives a notice under subsection (9) Appeal
may appeal the intended refusal or revocation to the Tribunal
within fifteen days after receiving the notice.
(11) If an appeal is filed against an intended revocation, the ^eiay in
Registrar shall not revoke the by-law unless the Tribunal
determines that the by-law should be revoked.
(12) If no appeal is filed against an intended revocation, the where no
Registrar may revoke the by-law after the time for appeal has ^^^^
expired.
51. — (1) Subject to subsection (2), no person shall disinter Disinterment
any human remains without,
(a) the prior consent of the interment rights holder; and
(b) notifying the proper medical officer of health.
(2) Subsection (1) does not apply to a disinterment ordered where
, ^ '' ^ ^ ^^ -^ consent not
I'yj required
(a) a court of competent jurisdiction;
(b) a coroner appointed under the Coroners Act; or r.s.o. i980,
(c) the Attorney General or Solicitor General for
Ontario.
(3) For the purpose of clause (1) (a), the consent of the ^dem
Registrar may be substituted for that of the interment rights
holder if,
(a) the whereabouts of an interment rights holder are
not known;
(b) the interment rights holder is not readily ascertaina-
ble; or
(c) the interment rights holder is not able to consent.
(4) No person shall disinter human remains except in ^|J|^p''^"'=®
accordance with the regulations. regulations
(5) Clause (1) (b) does not apply to the disinterment of ere- Exception
mated human remains.
26
Bill 31
CEMETERIES
1989
Consent of
Registrar
Notice of
intention
52. — (1) The Registrar, before consenting to a disinter-
ment, shall consider whether any known person may have an
interest in the disposition of the remains and, if there may be
such a person, shall order that notice of the intention to disin-
ter be given.
(2) A notice of intention to disinter shall be given in the
manner and form set out in the order.
Objections
Idem
Conditions
for consent
Notice of
decision
Appeal
Delay
Where no
appeal
Attendance
by medical
officer
Diseases
1983, c. 10
Certificate
required
(3) Any person objecting to a disinterment may file a writ-
ten objection with the Registrar at any time before the con-
sent of the Registrar is given.
(4) If any person files an objection to a disinterment, the
Registrar shall determine whether that person has an interest
in the remains and, if so, shall ascertain the person's wishes.
(5) In giving a consent to a disinterment, the Registrar shall
take into account the wishes of any person with an interest in
the remains and make the consent subject to such conditions
as the Registrar considers appropriate.
(6) Notice of the Registrar's decision shall be given to the
person who applied for the consent, to any person to whom
notice is given under subsection (1) and to any person filing
an objection.
(7) A person receiving a notice under subsection (6) may
appeal, to the Tribunal, the Registrar's decision within fifteen
days after receiving the notice.
(8) If an appeal is filed under subsection (7), the Registrar
shall not consent to the disinterment unless the Tribunal
determines that the disinterment should proceed.
(9) If no appeal is filed under subsection (6), the Registrar
may consent to the disinterment after the time for appeal has
expired.
53. — (1) A medical officer of health has the authority to
attend at, supervise and direct a disinterment.
(2) If a medical officer of health determines that remains
are those of a person who died of a communicable disease
within the meaning of the Health Protection and Promotion
Act, 1983, the remains shall not be deah with in any way
except as prescribed by the regulations made under that Act.
54. No person shall remove human remains from a ceme-
tery unless a certificate of a medical officer of health or the
1989
CEMETERIES
Bill 31
27
cemetery owner confirming that this Act and the regulations
have been compHed with is affixed to the container,
55. A burial certificate under the Vital Statistics Act is not R s.o. i980,
required to reinter human remains that have been disinterred doSnot
in accordance with this Act and the regulations. apply
56. — (1) No person shall cremate human remains except Cremation
in a crematorium that has been established with the consent of
the Registrar and is owned by an owner licensed under this
Act.
(2) No person shall cremate human remains, Prohibitions
(a) for which there is not a coroner's certificate sup-
plied by the Ministry of Consumer and Commercial
Relations;
(b) in a container made of, or containing, non-flamma-
ble or hazardous material or a prescribed material;
or
(c) in which a pacemaker or other prescribed device is
implanted.
(3) Except if required by a welfare administrator, a crema- Rig^^ *«
torium owner has the right to refuse to cremate any human ^^^^^
remains.
57. Every crematorium owner shall ensure that all crema- Good order
tions in the crematorium are carried out in a decent and
orderly manner and that quiet and good order are maintained
in the crematorium at all times.
58. — (1) Any person who purchases a cremation service Deposit re
shall deposit, at the request of the crematorium owner, a pre- '^'^^
scribed amount with the owner to cover the cost of interring
the cremated remains.
(2) An owner receiving money under subsection (1) shall Held in trust
hold the money in trust.
(3) If the cremated remains are claimed by the interment Refund
rights holder within one year after the cremation, the owner
shall refund the money to the person entitled thereto at the
time of the claim.
(4) If, after one year, the cremated remains have not been Owner's
claimed and the owner has made reasonable efforts to contact *^°'"p^"^^*'°"
the representatives of the deceased, the owner may inter them
28
Bill 31
CEMETERIES
1989
and is then entitled to the money held in trust as compensa-
tion.
Neglected
cemetery
Repairs
59. — (1) A municipality may order a cemetery owner who
does not keep the cemetery in good order and repair to
restore it to good order and repair.
(2) If an owner does not restore a cemetery as specified in
an order given under subsection (1) within such reasonable
time as is set out in the order, the municipality may have the
required work done and recover the costs thereof from the
owner.
Abandoned
cemeteries
Application
Notice of
application
Costs
60. — (1) An application to declare a cemetery abandoned
may be made to a judge of the District Court if the owner of
the cemetery,
(a) cannot be found or is unknown;
(b) is unable to maintain it;
(c) was a corporation that was dissolved; or
(d) is not licensed as an owner under this Act.
(2) An application to declare a cemetery abandoned maj
be made by the owner of the cemetery, the municipality oi
the Registrar.
(3) If the application is not made by the Registrar, the per-
son making the application must give notice of the applicatior^
to the Registrar.
(4) The municipality is responsible for the cost of an appli-
cation under this section including the cost of a survey of the
land involved.
Declaration
Municipality
becomes
(5) A judge to whom an application is made under sub-
section (1), upon being satisfied that there is a basis for the
appUcation, shall, by order, declare the cemetery that is the
subject-matter of the application to be abandoned.
(6) Upon a declaration that a cemetery is abandoned being
registered in the appropriate land registry office, the munici-
pality becomes the owner of the cemetery with all the rights
and obligations in respect to the cemetery and the assets,
funds and trust accounts related thereto that the previous
owner had.
1989 CEMETERIES Bill 31 29
(7) A declaration under this section may exempt the munic- Exemptions
ipality being declared the owner from any provision of this
Act or the regulations that it would be inappropriate, in the
circumstances, for a new owner to be subject to.
(8) Upon an application being made to declare a cemetery Maintenance
abandoned, the municipality within which the cemetery is situ-
ated is responsible for the maintenance of the cemetery until
the application is disposed of.
61. The Registrar may require any owner who has an ^uai interest
interest in a cemetery that appears to be abandoned or neg-
lected to maintain that cemetery as a condition of retaining a
licence to own a cemetery or crematorium.
ADMINISTRATION
62. — (1) There shall be a Registrar appointed for the pur- Registrar
poses of this Act.
(2) There shall be one or more Deputy Registrars ^fP.f2,
appointed who may exercise such powers and perform such
duties of the Registrar as are delegated by the Registrar.
Registrars
(3) The Registrar, Deputy Registrars and all other employ- Application
ees necessary for the administration of this Act shall be r.s.o. 1980,
appointed under the Public Service Act. c. 4i8
63. — (1) The Registrar may appoint inspectors to carry inspectors
out inspections for the purpose of determining whether there
is compliance with this Act and the regulations.
(2) An inspector exercising a power under this Act shall, on Certificate of
request, produce his or her certificate of appointment. ^^^'" '"^^
64. — (1) For the purpose of ensuring compliance with this inspections
Act and the regulations, an inspector may,
(a) enter any place at any reasonable time;
(b) request the production for inspection of documents
or things that may be relevant to the inspection;
(c) inspect and, upon giving a receipt therefor, remove
documents or things relevant to the inspection for
the purpose of making copies or extracts;
(d) inquire into negotiations, transactions, loans or bor-
rowings of a licensee and into assets owned.
30 Bill 31 CEMETERIES 1989
acquired or disposed of by a licensee that are rele-
vant to an inspection;
(e) conduct such tests as are reasonably necessary to
determine the integrity of a structure, fence or
marker in a cemetery; and
(f) remove materials or substances for examination or
test purposes subject to the licensee or other occu-
pant of the premises being notified thereof.
Entry to (2) Subscction (1) docs not apply to confer a power of
dwellings gntiy to a room actually used as a dweUing without the con-
sent of the occupier.
Warrant (3) A justicc of the pcace may issue a warrant authorizing
the person named in the warrant,
(a) to do anything set out in cjause (1) (a), (c), (e) or
(f);
(b) to enter and search a room actually used as a dwell-
ing; or
(c) to search for and seize any document or thing rele^
vant to the inspection.
Requirements (4) \ warrant may be issued under subsection (3) if the jus-
to^s^u"^"^ tice of the peace is satisfied on information under oath that in
the case of a warrant to be issued under,
(a) clause (3) (a), an inspector has been prevented from^
doing anything permitted under clause (1) (a), (c),
(e) or (f) or there is reasonable ground to believe
that an inspector may be prevented from doing any
of those things;
(b) clause (3) (b), it is necessary that a room actually
used as a dwelling be entered for the purposes of
carrying out an inspection or there is, in such a
room, a document or thing that there is reasonable
ground to believe is relevant to an inspection under
this Act; or
(c) clause (3) (c), it is necessary to search for and seize
a document or thing that there is reasonable ground
to believe will afford evidence relevant to a contra-
vention of this Act or the regulations.
1989
CEMETERIES
Bill 31
31
(5) A warrant issued under this section shall specify the Execution of
hours and days during which it may be executed.
(6) Unless renewed, a warrant under this section expires Expiry
not later than thirty days after the date on which it is made.
(7) A warrant under this section may be issued or renewed Notice not
upon application without notice. require
(8) A warrant under this section may be renewed for any Renewal of
reason for which it may be issued. warrant
(9) A person doing any thing under the authority of a war- Assistance
rant issued under this section is authorized to call on such
police officers to assist and to use such force as is necessary in
the execution of the warrant.
(10) An inspector carrying out an inspection, with or with- Use of
out a warrant, may be accompanied by such persons with ^^^^
expertise in the subject-matter of the inspection as the inspec-
tor considers necessary.
(11) An investigator taking material in order to copy it shall Copies
make the copy with reasonable dispatch and shall promptly
return the material taken.
(12) Copies of, or extracts from, documents and things
removed under this section and certified as being true copies
of, or extracts from, the originals by the person who made
them are admissible in evidence to the same extent as, and
have the same evidentiary value as, the documents or things
of which they are copies or extracts.
Admissibility
of copies
65.— -(1) No person shall obstruct an inspector in carrying obstruction
out an inspection under this Act or withhold, destroy, conceal ° '"^p^'^^"'^
or refuse to provide any relevant information or thing
required for the purpose of the inspection.
(2) It is a condition of each licence issued under this Act Facilitating
that the licensee facilitate an inspection relevant to that '"^p^*^'""
licence.
66. — (1) If the Director has reasonable and probable Freezing
grounds to believe that the owner of a cemetery or cremato-
rium is doing or is about to do something that will jeopardize
the public interest or the proper care and maintenance of a
cemetery, the Director may direct any person holding, having
on deposit or controlling assets of the owner or trust funds
under the control of the owner to hold the assets or trust
32
Bill 31
CEMETERIES
1989
funds until further instructions are received from the Director
to release a particular asset or trust fund from the direction.
Scope of
direction
(2) In the case of a bank or a corporation, a direction
under subsection (1) applies only to the offices, branches or
agencies thereof named in the direction.
Application (3) Any persou named in a direction issued under sub-
or irections ^g^^j^jj ^^^^ j£ ^jj doubt as to the application of the direction to
particular assets or trust funds, may apply to the Director for
an order of clarification.
Revocation
or
amendment
of direction
(4) On an application of the owner or any other person
having an interest therein, the Director may make an order on
such conditions as are set out in the order revoking the direc-
tion or consenting to the release of a particular asset or trust
fund from the direction.
Appeal (5) Any person affected by a direction or order of the
Director made under this section or a refusal to make an
order may appeal to the Tribunal.
Restraining
order
Idem
Idem
67. — (1) If the Director is of the opinion that any person is
not complying with this Act or the regulations, despite the
imposition of any penalty in respect of the non-compliance
and in addition to any other remedy available, the Director
may apply to a judge of the High Court for an order directing
the person to comply.
(2) Upon an application under subsection (1), the judge
may make the order applied for or such other order as the
judge thinks appropriate.
(3) An appeal lies to the Divisional Court from an order
made under subsection (2).
BURIAL SITES
Disturbing
burial site
prohibited
68. No person shall disturb or order the disturbance of a
burial site or artifacts associated with the human remains
except.
Unmarked
burial sites
(a) on instruction by the coroner; or
(b) pursuant to a site disposition agreement.
69. Any person discovering or having knowledge of a
burial site shall immediately notify the police or coroner.
1989
CEMETERIES
Bill 31
33
i
70. — (1) The Registrar may order the owner of land on investigation
which a burial site is discovered to cause an investigation to be
made to determine the origin of the site.
(2) Section 68 does not apply to a person investigating the wem
nature or origin of the site who is disturbing the site in the
course of the investigation.
(3) A person conducting an investigation shall do so with idem
le minimum disturbance to the site that is reasonable in the
■circumstances.
(4) If the Registrar is of the opinion that an investigation ^^^^
under subsection (1) would impose an undue financial burden
on the land owner, the Registrar shall undertake the investiga-
tion.
71. — (1) As soon as the origin of a burial site is deter- Declaration
mined, the Registrar shall declare the site to be,
(a) an unapproved aboriginal peoples cemetery;
(b) an unapproved cemetery; or
(c) an irregular burial site.
(2) For the purpose of subsection (1), interpretation
(a) an irregular burial site is a burial site that was not
set aside with the apparent intention of interring
therein human remains;
(b) an unapproved cemetery is land set aside with the
apparent intention of interring therein, in accord-
ance with cultural affinities, human remains and
containing remains identified as those of persons
who were not one of Canada's aboriginal peoples;
(c) an unapproved aboriginal peoples cemetery is land
set aside with the apparent intention of interring
therein, in accordance with cultural affinities,
human remains and containing remains identified as
those of persons who were one of Canada's aborigi-
nal peoples.
72. — (1) The Registrar, on declaring a burial site to be an site
unapproved aboriginal peoples cemetery or an unapproved agreement
cemetery, shall serve notice of the declaration on such persons
or class of persons as are prescribed.
34
Idem
Idem
Idem
Bill 31
CEMETERIES
1989
Arbitrated
settlement
Irregular
burial site
Charges
War Graves
Idem
Idem
Idem
Idem
(2) All persons served with notice under subsection (1)
shall enter into negotiations with a view of entering into a site
disposition agreement.
(3) If a site disposition agreement is not made within the
prescribed time, the Registrar shall refer the matter to arbitra-
tion.
(4) Despite subsection (3), the Registrar, if of the opinion
that an agreement may be reached, may defer referring the
matter to arbitration so long as there appears to be a reason-
able prospect of an agreement being reached.
73. The persons named in an arbitrated settlement who
have been given the opportunity to fully participate in the
arbitration process are bound by the settlement whether they
chose to participate or not.
14, — (1) An owner of land that contains an irregular bur-
ial site shall ensure that the remains found in the site are
interred in a cemetery.
(2) No owner of a cemetery interring human remains for an
owner of land to whom this section applies may charge more
than the prescribed amount for the interment.
75. — (1) No person shall alter or move the remains or
marker of a Canadian or Allied veteran or a Commonwealth
War Burial without the agreement of the Department of Vet-
erans Affairs (Federal), the Commonwealth War Graves
Commission or such other persons and associations as are pre-
scribed.
(2) Subsection (1) applies only if the Department of Veter-
ans Affairs (Federal) contributed to the cost of the interment.
(3) If an agreement is not reached, the person who wants
to make the alteration or move may apply to the Registrar for
directions.
(4) When an application is made under subsection (3), the
Registrar shall instruct the applicant to give notice of the
application to such persons and associations as the Registrar
considers may have an interest in the matter.
(5) All persons and associations receiving a notice under
subsection (4) may make submissions on the matter to the
Registrar in such form and manner as the Registrar instructs.
1989 CEMETERIES Bill 31 35
(6) After considering all submissions made, the Registrar i<iem
shall direct the applicant on the manner of dealing with the
remains or marker in question.
(7) Subsection (1) does not apply to a person altering or ^^em
moving remains or markers in accordance with the direction
of the Registrar.
76. — (1) The Lieutenant Governor in Council may make Regulations
regulations,
1. prescribing documents, information and notices to
be provided in the course of an application;
2. prescribing fees and requiring the payment of fees;
3. providing for the manner in which a deposit
required for approval shall be applied or returned;
4. prescribing classes of cemeteries;
5. prescribing, for any notice required to be given
under this Act, the type of notice and the manner in
which it is to be given;
6. prescribing requirements and standards for the
placing and spacing of interments, markers,
fixtures, fences or other structures in a cemetery;
7. prescribing the minimum depth of coverage for in-
ground burials;
8. prescribing the drains, sewers and other structures
for the flow of water required in a cemetery;
9. governing mausolea, columbaria and other struc-
tures on or in a cemetery and establishing construc-
tion standards;
10. prescribing classes and types of licences;
11. governing the issue of licences and providing for the
renewal of licences;
12. governing the term during which each class or type
of licence is valid;
13. prescribing conditions that attach to any class or
type of licence;
36 Bill 31 CEMETERIES 1989
14. providing for posting of bonds and prescribing the
amounts thereof;
15. providing for the forfeiture of posted bonds and for
the distribution of the proceeds of forfeited bonds;
16. prescribing practices or actions that are evidence of
incompetence or lack of honesty and integrity;
17. requiring the approval of the Registrar for promo-
tional and sales material and prescribing the criteria
for approval;
18. prescribing the type of promotional and sales
material that requires the approval of the Registrar
and providing for its submission to the Registrar;
19. governing and prohibiting the use of any promo-
tional or sales material or any practice;
20. prescribing records and information to be kept by
licensees;
21. providing for and requiring the submission of rec-
ords and information and providing for access by
agents of the Registrar to records and information;
22. prescribing the form of and conditions to be
included in contracts for the sale of interment rights
and cemetery supplies and services;
23. prescribing the information to be supplied to pur-
chasers of interment rights and cemetery supplies
and services;
24. prescribing the form of and information to be
included in certificates of interment rights;
25. prescribing information to be provided to the pub-
lic, any person or any class of persons and prescrib-
ing the manner of providing that information;
26. governing advertising and the manner of soliciting
business;
27. requiring the use of any prescribed forms;
28. providing for and requiring the submission of rec-
ords and information and providing for access by
agents of the Registrar to records and information;
1989 CEMETERIES Bill 31 37
29. governing the use of contracts and certificates;
30. governing the uses to which owners may apply
income from Care and Maintenance Funds;
31. prescribing records and information on trust funds
to be provided to purchasers of interment rights and
pre-need supplies or services;
32. governing the establishment, maintenance and oper-
ation of trust funds including the Care and Mainten-
ance Fund and the Pre-need Assurance Fund;
33. governing the payment of money into and out of
trust funds including the time within which and the
circumstance under which payments are to be
made;
34. prescribing fees that may be retained by trustees in
respect of any type of trust fund;
35. governing the interment, disinterment, disposition
and removal of human remains;
36. governing the preparation of disinterred human
remains for transportation including prescribing the
design and material of container to be used;
37. prescribing standards for the construction and
installation of markers and other cemetery supplies
and requiring compliance with the standards;
38. governing the standards of care and maintenance
required for a cemetery;
39. governing the procedure for approving by-laws
made by owners and for revoking any by-laws made
by owners;
40. prescribing the criteria that the Registrar shall use
in approving by-laws;
41. governing the manner of conducting cremations and
dealing with cremated remains;
42. prescribing amounts to be deposited, in trust, to
compensate for disposing of cremated remains and
regulating the handling of the trust moneys;
38 Bill 31 CEMETERIES 1989
43. governing the location and ownership of cemeteries
and crematoria;
44. governing prices and the range of prices that may be
included on price lists filed with the Registrar by
owners;
45. prescribing procedures to be followed in dealing
with burial sites and requiring that they be fol-
lowed;
46. governing arbitration in the absence of a site dispo-
sition agreement and requiring compliance with pre-
scribed procedure;
47. prescribing the subject-matters to be contained in a
site disposition agreement or arbitration settlement
and requiring their inclusion;
48. exempting any person or class of persons, any cem-
etery or class of cemetery or any thing or class of
thing from any provision of this Act or the regu-
lations;
49. prescribing conditions subsequent or precedent for a
prescribed exemption and providing that an exemp-
tion may be subject to the Registrar being satisfied
that it is not contrary to the public interest;
50. prescribing what constitutes notice in any provision
where notice is required to be given;
51. governing the time for giving any notice for which a
time is not set out in this Act and delegating to the
Registrar power to extend any prescribed time;
52. prescribing any thing that is referred to in this Act
as being prescribed.
Limitation (2) Any regulation may be general or specific or of limited
application.
Interfering 77, nq pcrsou shall causc or commit a nuisance in a ceme-
oemetery tcry or wilfully and unlawfully disturb persons assembled for
the purpose of interring human remains in a cemetery.
Cause of jg^ — (1) Any person who, in a cemetery, damages or
moves any tree, plant, marker, fence, structure or other thing
usually erected, planted or placed in a cemetery is liable to
1989 CEMETERIES Bill 31 39
the cemetery owner and any interment rights holder who, as a
result, incurs damage.
(2) In an action under subsection (1), the amount of dam- wem
ages shall be the amount required to restore the cemetery to
the state that it was in before any thing was damaged or
moved by the person Uable.
(3) Any person collecting damages under this section shall ^dem
use the full amount collected to restore the cemetery.
79. — (1) Every person who, offence
(a) furnishes false, misleading or incomplete informa-
tion in an application under this Act or in a state-
ment or return required to be furnished under this
Act or the regulations;
(b) fails to comply with an order made under this Act;
or
(c) contravenes any provision of this Act or the regu-
lations,
is guilty of an offence.
(2) Every director or officer of a corporation who concurs ^^^"^
in an offence under this Act is guilty of an offence.
(3) An individual who is convicted of an offence under this ^^^^
Act is liable to a fine of not more than $20,000 and, on a sub-
sequent conviction, to a fine of not more than $20,000 and to
imprisonment for a term of not more than one year.
(4) A corporation that is convicted of an offence under this i^em
Act is liable to a fine of not more than $40,000.
(5) Subject to subsection (6), no proceeding under this sec- Limitation
tion shall be commenced more than two years after the
offence was committed.
(6) No proceeding under clause (1) (a) or subsection 35 (2) wem
or 36 (3) shall be commenced more than one year after the
facts upon which the proceeding is based first came to the
knowledge of the Registrar.
(7) If a person is convicted of an offence under this Act, Restitution
the court making the conviction may, in addition to any other
penalty, order the person convicted to make compensation or
restitution in relation thereto.
40
Bill 31
CEMETERIES
1989
Certificate as
evidence
Municipal
powers
Idem
Tribunal
Order
80. A Statement as to,
(a) the consent or lack of consent to establish, alter or
increase the capacity of a cemetery or crematorium;
(b) the licensing or non-licensing of any person;
(c) the filing or non-filing of any document or material
required or permitted to be filed with the Registrar;
(d) the time when the facts upon which proceedings are
based first came to the knowledge of the Registrar;
or
(e) any other matter pertaining to licensing, non-
licensing, filing or non-filing,
purporting to be certified by the Registrar is, without proof of
the office or signature of the Registrar, admissible in evidence
in any proceeding, in the absence of evidence to the contrary,
of the facts stated therein.
81. — (1) A municipality may expropriate,
(a) a cemetery or part thereof, whether the cemetery
exists within or outside the municipality; and
(b) land on which to establish or enlarge a cemetery.
(2) The council of a municipality may pass by-laws author-
izing,
(a) the purchase of a cemetery or part thereof that is
situated within the municipality;
(b) the acquisition of land within the municipality or in
an adjacent township or unorganized territory for a
cemetery or for the enlargement of an existing
cemetery owned by the municipality; or
(c) the sale, transfer or lease of a cemetery or part
thereof.
82.— (1) If there is an appeal under this Act to the
Tribunal, it shall appoint a time for and hold a hearing.
(2) After holding a hearing, the Tribunal may by order
direct the Registrar to take an intended action or to refrain
from taking an action or to take such action as the Tribunal
considers that the Registrar ought to take and for such pur-
1989
CEMETERIES
Bill 31
41
poses the Tribunal may substitute its opinion for that of the
Registrar.
(3) The Tribunal may attach such conditions to its order or conditions
to the licence as it considers proper to give effect to the pur-
poses of this Act.
(4) The Registrar, the applicant or licensee who has
required the hearing and such other persons as the Tribunal
may specify are parties to proceedings before the Tribunal
under this Act.
Parties
83. — (1) A notice, order or other document under this Service
Act or the regulations is sufficiently given, served or delivered
if delivered personally or sent by first class mail addressed to
the person to whom it is to be given, served or delivered at
that person's last known address.
(2) A notice, order or other document sent by first class I'Jem
mail in accordance with subsection (1) shall be deemed to be
given, served or delivered on the fifth day after the day of
mailing, unless the person to whom it is sent establishes that
the notice, order or other document was not received until a
later date because of absence, accident, illness or other cause
beyond that person's control.
84. Despite the fact that a licensee appeals from an order stay
of the Tribunal under section 11 of the Ministry of Consumer RS.o. 1980,
and Commercial Relations Act, the order takes effect immedi-
ately but the Tribunal may grant a stay until the disposition of
the appeal.
85. The Registrar may, at any time, cancel a licence upon Surrender of
the written request of the licensee and the surrender of the
licence by the licensee.
86. — (1) An approval given under the Cemeteries Act, Transition
being chapter 59 of the Revised Statutes of Ontario, 1980,
shall be deemed to be a consent given under this Act.
(2) Every person who is an owner on the day this Act ^^^^
comes into force shall be deemed to be licensed under this
Act to own the cemetery or crematorium.
(3) Every person who was employed as a sales representa-
tive selling interment rights, cemetery supplies or cemetery
services on the day this Act comes into force shall be deemed
to be licensed as a sales representative under this Act repre-
senting the owner employing that person.
Idem
42
Bill 31
CEMETERIES
1989
Idem
Idem
Idem
(4) Subject to subsection (5), subsections (2) and (3) cease
to apply one year after this Act comes into force.
(5) If a person who is deemed, under subsection (2) or (3),
to be licensed under this Act applies for a comparable licence
under this Act within one year after this Act comes into force,
the deemed licence remains in force until the application is
finally disposed of.
(6) Funds set up under the Cemeteries Act, being chapter 59
of the Revised Statutes of Ontario, 1980, for,
(a) perpetual care shall be deemed to be a Care and
Maintenance Fund; and
(b) pre-need supplies or services shall be deemed to be
a Pre-need Assurance Fund.
Act prevails gy. xhis Act prevails over the Ontario Heritage Act, beinj
chapter 337 of the Revised Statutes of Ontario, 1980.
88. Section 1 of The Toronto General Burying Grounds Act
1977, being chapter 110, is repealed and the following substi
luted therefor:
Power to
acquire land
Repeal
Coimnence-
ment
Short title
1. The Trustees of the Toronto General Burying Ground
may, in addition to its existing powers to acquire and hole
land, acquire and hold land and may exercise all its corporate
powers with reference thereto.
89. The Cemeteries Act, being chapter 59 of the Revise(
Statutes of Ontario, 1980, is repealed.
90. This Act comes into force on a day to be named b^
proclamation of the Lieutenant Governor.
91. The short title of this Act is the Cemeteries Act, 1989.
Bill 31 Government Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 31
An Act to revise the Cemeteries Act
The Hon. G. Sorbara
Minister of Consumer and Commercial Relations
1st Reading June 12th, 1989
2nd Reading June 21st, 1989
3rd Reading
Royal Assent
(Reprinted as amended by the Resources Development Committee)
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
The Bill revises the existing Cemeteries Act.
The purpose of the Bill is to regulate the establishment and management of cemeter-
ies and crematoria and to provide a larger measure of consumer protection. The main
features of the Bill are:
1. Appointment of a Registrar to administer the Act.
2. Municipal control of the establishment, alteration and enlargement of cemeter-
ies and crematoria, with appeal of municipal decisions to the Ontario Municipal
Board.
3. Providing for the licensing of owners of cemeteries and crematoria and of sales
representatives.
4. Provisions govern contracts for the sale of interment rights, supplies and ser-
vices by owners of cemeteries and crematoria, providing information disclosure _
and rights of cancellation for pre-need purchases.
5. Telephone and door-to-door solicitation for the sale of interment rights, ceme-
tery supplies and services is prohibited.
6. Provisions are made to protect unmarked burial sites, resolve their status and
settle disputes regarding their disposition.
7. Provisions regarding Care and Maintenance Trust Funds (formerly Perpetual
Care) are expanded to apply to monuments.
8. Provisions governing cemetery abandonment are streamlined, giving municipali-
ties full title to abandoned sites and associated trust funds.
Bill 31 1989
An Act to revise the Cemeteries Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. In this Act, Definitions
"burial site" means land containing human remains that has
not been approved or consented to as a cemetery in accor-
dance with this Act or a predecessor of this Act:
"by-laws", when used in relation to a cemetery, means the
rules under which a cemetery or crematorium is operated;
"cemetery" means land set aside to be used for the interment
of human remains and includes a mausoleum, columbarium
or other structure intended for the interment of human
remains;
"cemetery services" means,
(a) in respect of a lot,
(i) opening and closing of a grave,
(ii) interring or disinterring human remains,
(iii) providing temporary storage in a receiving
vault,
(iv) construction of a foundation for a marker,
(v) setting of corner posts,
(vi) providing,
(A) a tent or canopy,
(B) carrying and lowering devices, and
Bill 31 CEMETERIES 1989
(C) ground cover,
for an interment service, and
(vii) preparing flower beds and planting flowers
and shrubs,
(b) in respect of a crypt or compartment in a mauso-
leum,
(i) opening, closing and sealing of the crypt or
compartment,
(ii) providing temporary storage in a vault or
crypt,
(iii) providing a tent or canopy for an interment
service, and
(iv) providing elevating devices,
(c) in respect of a niche or compartment in a colum-j
barium,
(i) opening, closing and sealing of the niche oi
compartment, and
(ii) providing a tent or canopy for an interment
service,
(d) in respect of a crematorium, all services provided by
the owner of the crematorium at the crematorium,
and
(e) in respect of a cemetery, such other services as are
provided by the owner of the cemetery at the
cemetery;
"cemetery supplies" includes interment vaults, markers, flow-
ers, liners, urns, shrubs and artificial wreaths and other
articles intended to be placed in a cemetery;
"columbarium" means a structure designed for the purpose of
interring cremated human remains in sealed compartments;
"commercial cemetery" means a cemetery operated for the
purpose of making a profit for the owner;
1989 CEMETERIES Bill 31 3
"crematorium" means a building fitted with appliances for the
purpose of cremating human remains and includes every-
thing incidental and ancillary thereto;
"Director" means a Director appointed under the Ministry of RS.o. i980,
Consumer and Commercial Relations Act;
"equity share" means a share of a class of shares that carries a
voting right either under all circumstances or under some
circumstances that have occurred and are continuing;
"human remains" means a dead human body and includes a
cremated human body;
"income" means the interest or money earned, including the
compounding thereof, by the investment of funds;
"inter" means the burial of human remains and includes the
placing of human remains in a lot;
"interment rights" includes the right to require or direct the
interment of human remains in a lot;
"interment rights holder" means a person with interment
rights with respect to a lot and includes a purchaser of
interment rights under the Cemeteries Act, being chapter 59
of the Revised Statutes of Ontario, 1980, or a predecessor
of that Act;
"land registry office" means the land registry office or the
land titles office in the area in which a cemetery is located;
"lot" means an area of land in a cemetery containing, or set
aside to contain, human remains and includes a tomb, crypt
or compartment in a mausoleum and a niche or compart-
ment in a columbarium;
"marker" means any monument, tombstone, plaque, head-
stone, cornerstone, or other structure or ornament affixed
to or intended to be affixed to a burial lot, mausoleum
crypt, columbarium niche or other structure or place
intended for the deposit of human remains;
"mausoleum" means a building or structure, other than a
columbarium, used as a place for the interment of the
human remains in sealed crypts or compartments;
"Minister" means the Minister of Consumer and Commercial
Relations;
Bill 31
CEMETERIES
1989
"municipality" means the corporation or other entity having
municipal jurisdiction in the area in which a cemetery is
I located and includes a police village, city, town, village,
I township or improvement district or the council thereof;
"owner" means an owner of a cemetery or a crematorium;
"person" includes a board of trustees, local council of a
municipality or other organization or group of persons
organized for the purpose of operating or managing a
cemetery;
"plot" means two or more lots in which the rights to intei
have been sold as a unit;
"pre-need supplies or services" means cemetery supplies oi
services that are not required to be provided until the death
of a person alive at the time the arrangements are made;
"prescribed" means prescribed by the regulations made undei
this Act;
"Registrar" means the Registrar appointed under this Act;
"sales representative" means,
(a) a person who sells or offers for sale interment right
or cemetery supplies or services on behalf of a com
mercial cemetery, or
(b) a person whose primary employment is selling inter-
ment rights or cemetery supplies or services;
"Tribunal" means The Commercial Registration Appeal
Tribunal;
"trust fund" means a trust fund established for the purpose of
this Act.
Consent for
cemetery,
etc.
Application
for consent
CONSENT TO ESTABLISH CEMETERY OR CREMATORIUM
2. No person shall establish, aher or increase the capacity
of a cemetery or crematorium without the consent of the
Registrar.
3. — (1) An applicant for consent shall apply to the
Registrar and,
(a) pay the prescribed fee;
1989
CEMETERIES
Bill 31
(b) submit the prescribed documents showing the layout
of the cemetery and the location of existing or pro-
posed plots, lots, structures and fixtures; and
(c) if the applicant is the owner of a commercial ceme-
tery or a cemetery of a class prescribed for the pur-
pose of this clause, pay a deposit in a prescribed
amount into a Care and Maintenance Fund,
(2) If the cemetery or crematorium is proposed to be estab-
lished or already exists in an area with municipal organization,
the applicant, before applying for the consent of the Regis-
trar, must obtain the approval to the proposal of the appro-
priate municipality.
Approval
required
(3) If the cemetery or crematorium is to be established or wem
enlarged to encroach on land, in an area without municipal
organization, that is Crown land at the time of the application
for consent, the applicant, before applying for the consent of
the Registrar, must obtain the approval to the proposal of the
Minister of Natural Resources.
4. A municipality that receives a request for an approval P"til'c
required by subsection 3 (2) may hold public hearings to ^^""^^
determine if the approval is in the public interest.
Decision
5. — (1) A municipality, upon receiving a request for
approval, shall give or refuse to give the approval within a
reasonable time after receiving the request.
(2) In considering a request for an approval, the principal ^^^^^^
factor shall be the public interest.
(3) A municipality shall, upon arriving at a decision on an Notice of
application,
(a) send a copy of the decision together with the rea-
sons for it to the Registrar and to the applicant; and
(b) publish notice of the decision in a local newspaper.
(4) The applicant. Registrar or any person with an interest Appeal
therein may, within fifteen days after publication of the notice
of the decision, refer the decision of a municipality to the
Ontario Municipal Board for a hearing.
(5) Despite subsection (4), if an applicant or the Registrar ^'^^^
does not receive a copy of a decision until after the decision is
published, the fifteen days referred to in subsection (4) apply
Bill 31
CEMETERIES
1989
Repre-
sentation
Board
decision
Idem
Certificate of
consent
after the applicant or Registrar, as the case may be, receives
the copy.
(6) The Registrar is entitled to make representations to the
Ontario Municipal Board in any appeal under subsection (4).
6. — (1) The Ontario Municipal Board may reverse the
decision appealed from and substitute its own decision.
(2) A decision of the Board that is substituted under sub-
section (1) shall be deemed to be the decision of the munici-
pality.
7. — (1) The Registrar shall give a certificate of consent to
the establishment, aUeration or increase in the capacity of a
cemetery or crematorium, as the case may be, if,
(a) the applicant has the approval of the municipality or
the Minister of Natural Resources;
Notice of
refusal to
issue
Appeal
Order by
Tribunal
Idem
(b) the applicant is licensed to own that cemetery and is
and will be on the granting of the Ucence in compli-
ance with the requirements of this Act and the regu-
lations and the laws intended for the protection of
the environment and of health; and
(c) where neither approval referred to in clause (a) is
required, the Registrar is satisfied that the consent
is in the public interest.
(2) The Registrar, on refusing to give a certificate of con-
sent, shall advise the applicant, in writing, of,
(a) the reason for the refusal; and
(b) the applicant's right to appeal.
(3) An applicant who receives a notice under subsection (2)
may appeal to the Tribunal within fifteen days after receiving
the notice.
(4) If the Tribunal finds that the applicant is in compliance
with clauses (1) (a) and (b) or that giving the consent is in the
public interest, as the case may be, the Tribunal shall order
the Registrar to issue the certificate of consent applied for or
a consent in a modified version.
(5) Upon receiving an order under subsection (4), the Reg-
istrar shall issue the certificate as ordered.
1989 CEMETERIES BUI 31 7
(6) A certificate of consent shall contain a sufficient Registration
description of the cemetery or crematorium so that the certifi-
cate may be registered in the appropriate land registry office.
(7) Upon registration of a certificate of consent, the land Effect of
described therein becomes a cemetery. registration
CLOSING CEMETERY
8. — (1) In this section and in sections 9, 10, 11, 12 and 13, closing
a reference to a cemetery includes any part of a cemetery. cemetery
(2) The Registrar may order a cemetery closed if the clos- J^em
ing is in the public interest.
(3) An order shall not be made under subsection (2) until, Notice
(a) notice of the intention to make the order is given in
the manner and to the persons prescribed; and
(b) interested persons are given the opportunity to
make submissions to the Registrar within such time
as is prescribed.
(4) Notice is not required if, Wem
(a) the request is from the owner;
(b) no interments have been made in the cemetery to
be closed; and
(c) the consent of all affected interment rights holders
has been obtained.
9. — (1) In an order to close a cemetery, the Registrar order
may,
(a) declare a cemetery or a portion thereof closed;
(b) require the owner to disinter all human remains
therein and specify the manner of disinterment and
the manner and place of reinterring or dealing with
the remains;
(c) require the owner to remove any markers and relo-
cate them to a specified place; and
(d) require the owner to provide or acquire equivalent
interment rights for all holders of interment rights
with respect to unused lots in the cemetery.
Bill 31
CEMETERIES
1989
Substitution (2) In an order to close a cemetery, the Registrar may des-
ignate another person to do anything that the owner may be
required to do.
Notice (3) The Registrar shall give every person who made a sub-
mission notice of the order and at the same time advise the
person of the right of appeal.
Coming into (4) Subject to subsection (5), an order to close a cemetery
^^^'^ comes into force thirty days after it is made unless there is an
appeal filed before the order comes into force or the order
sets out a later date.
Idem
(5) If submissions were made in respect of the order, the
order comes into force thirty days after notice has been given
to each person who made a submission unless there is an
appeal filed before the order comes into force or the order
sets out a later date.
Idem
Appeal
(6) An order that is appealed comes into force upon being
upheld by the Tribunal.
10. A person with an interest therein may appeal, to the
Tribunal,
(a) an order to close a cemetery any time before the
order comes into force; or
Certificate
Idem
Registration
Effect of
registration
(b) a refusal to order a cemetery closed.
11. — (1) The Registrar, upon being satisfied that the
requirements in an order to close a cemetery have been com-
plied with, shall issue a certificate, with a legal description of
the land involved, that the cemetery is closed.
(2) Despite subsection (1), an applicant therefor is entitled
to a certificate that a cemetery is closed if the cemetery had
been closed by the Lieutenant Governor in Council but a cer-
tificate issued under subsection 59 (7) of the Cemeteries Act,
being chapter 59 of the Revised Statutes of Ontario, 1980, or
a predecessor of that subsection has not been registered.
(3) A certificate issued under this section may be registered
in the appropriate land registry office.
(4) Upon registration of a certificate of closing, the land
described therein ceases to be a cemetery.
Maintenance 12. — (1) Where any money has been paid into a care and
^""'^ maintenance fund with respect to a cemetery that is to be
p
1989 CEMETERIES BUI 31 9
closed, the Registrar shall direct that money to be transferred
to the trustee of the fund maintained by the owner of the
cemetery into which the human remains are to be reinterred
or where the interment rights are to be exercised.
(2) The amount transferred under subsection (1) is a credit wem
against the amount required to be paid into the fund by the
owner of the cemetery into which the human remains are to
be reinterred or where the interment rights are to be exer-
cised.
13. Where any money has been paid into a pre-need Pre-need
assurance fund with respect to interment rights in a cemetery S'^^"'^^
that is to be closed, the Registrar shall direct that money to be
paid to the trustee of the fund maintained by the owner of the
cemetery where alternative interment rights have been made
available for the holders of interment rights in the cemetery to
be closed.
LICENCES
14. No person shall own a cemetery or crematorium unless Licence
licensed under this Act to own that cemetery or crematorium. '^^^^"^
15. — (1) A person may apply to the Registrar for a licence Licence to
to own a cemetery or crematorium.
(2) An appHcant is entitled to a licence except if. Requirements
(a) the applicant cannot reasonably be expected to be
financially responsible in the operation of a ceme-
tery or crematorium;
(b) the past or present conduct of the persons referred
to in subsection (3) affords reasonable grounds for
belief that the applicant will not operate in accord-
ance with the law and with integrity and honesty;
(c) the applicant or managing employees of the appli-
cant do not have the experience and competence
required to manage the cemetery or crematorium in
accordance with the law;
(d) the applicant is carrying on activities that are, or
will be if the applicant is licensed, in contravention
of this Act or the regulations;
(e) the appHcant will, if licensed, be carrying on activi-
ties under this Act that are in contravention of
another Act or a municipal by-law;
10
Bill 31
CEMETERIES
1989
(f) the applicant is unable to provide the resources and
facilities required to manage a cemetery or cremato-
rium; or
Idem
(g) the applicant or an employee or agent of the appli-
cant has made a false statement or provided false
information in an application for a licence.
(3) Clause (2) (b) appUes to the following persons:
1. The applicant.
2. An officer or director of the applicant.
3. A person holding more than 10 per cent of the
equity shares of the applicant or an officer or direc-
tor of such person.
4. Any person having a beneficial interest in the oper-
ation of the business of the applicant or licensee.
Issue of
licence
(4) The Registrar shall issue a licence to own an identified
cemetery or crematorium to an applicant therefor who pays
the prescribed fee, complies with the regulations and is not
disentitled under subsection (2).
Conditions (^5) A Hccnce is subject to such conditions as may be con-
Hcen?e"^^° scnted to by the applicant, imposed by the Tribunal or
prescribed.
Notice
(6) If the Registrar intends to refuse to issue a licence, the
Registrar shall give the applicant notice of and reasons for the
intention and, at the same time, advise the applicant of the
right to appeal.
Appeal Q) An applicant who receives a notice under subsection (6)
may appeal the intended refusal to the Tribunal within fifteen
days after receiving the notice.
Refusal to (g) If no appeal is filed under subsection (7), the Registrar
may refuse to issue the licence applied for.
16. — (1) The Registrar may revoke or refuse to renew a
Revocation
hcence^'^ ^ licence to own a cemetery or a crematorium if.
(a) the conduct or situation of the licensee is such as to
disentitle the licensee from being granted a licence;
1989
CEMETERIES
Bill 31
11
(b) where the licensee is a corporation, the share-
holders of the corporation have changed in the
manner and to the extent prescribed; or
(c) the Registrar has reasonable and probable grounds
to believe that the continued operation of the ceme-
tery or crematorium by the licensee,
(i) creates a risk to public health, safety or
decency, or
(ii) will result in a financial loss by members of
the public because provisions of this Act or
the regulations are not being complied with.
(2) If the Registrar intends to revoke or to refuse to renew Notice
a licence, the Registrar shall give the licensee notice of and
reasons for the intention and, at the same time, advise the
licensee of the right to appeal.
(3) Any licensee who receives a notice under subsection (2) Appeal
may appeal the intended revocation or refusal to the Tribunal
within fifteen days after receiving the notice.
(4) If an appeal has been filed under subsection (3), the Delay
Registrar shall not revoke the licence unless the Tribunal
determines that the licence should be revoked.
(5) If no appeal is filed under subsection (3), the Registrar where no
may revoke the licence after the time for appeal has expired.
appeal
(6) Section 14 does not apply to an owner whose licence is Exception to
revoked so long as the Registrar is satisfied that the owner is requSent
making reasonable efforts to sell the cemetery or
crematorium.
17. — (1) The Director may appoint a manager to operate a Appointment
cemetery or crematorium in the place of the owner if,
(a) the Director has reasonable and probable grounds,
based on a statement under oath, to believe that the
owner is doing or is about to do something in the
operation of the cemetery or crematorium that,
(i) creates or is likely to create a risk to public
health, safety or decency, or
(ii) is causing or is likely to cause financial loss to
members of the pubUc; or
of manager
12
Bill 31
CEMETERIES
1989
Powers of
manager
(b) the owner's licence is revoked.
(2) A manager appointed under subsection (1) has all the
powers of the owner with respect to the operation of the cem-
etery or crematorium including the power to exclude the
owner and, if the owner is a corporation, the directors or
officers of the corporation, from the premises of the business.
Effect of
appointment
(3) From the appointment of a manager under subsection
(1) until the appointment is cancelled, the owner being
replaced does not have the authority to deal with any assets or
trust funds relating to the cemetery or crematorium and shall
not be involved in the operation of the cemetery or crema-
torium.
Appeal (4) Any person affected by an appointment of a manager
may apply to a judge of the Supreme Court for an order can-
celHng the appointment and the order may include such direc-
tions and conditions as seem appropriate.
Selling
interment
rights
18. — (1) No person shall sell interment rights unless that
person does so as an agent acting on behalf of a licensed
owner.
Selling
supplies, etc.
(2) No person shall act as a sales representative on behalf
of an owner unless that person is licensed as a sales represent-
ative and represents an owner specified in the sales represent-
ative's licence.
Exception for (3) Subscctions (1) and (2) do not apply to preclude a
person licensed as an owner from selling rights, services or
supplies to be used in or provided at a cemetery or cremato-
rium owned by that person.
Licence to
sell
Requirements
for licence
19. — (1) An individual may apply to the Registrar for a
licence to act as a sales representative on behalf of an owner.
(2) An applicant is entitled to a licence except if,
(a) the past or present conduct of the applicant affords
reasonable and probable grounds for believing that
the applicant will not carry on business in accord-
ance with the law and with integrity and honesty;
(b) the applicant, in receiving the licence, would be in a
position of apparent conflict of interest;
(c) the applicant does not have a position with a
licensed owner or a commitment to be hired by a
licensed owner upon receiving a licence; or
1989
CEMETERIES
Bill 31
13
(d) the applicant has made a false statement or pro-
vided false information in an application for a
licence.
(3) A conviction for an offence that involves misrepresenta- Past conduct
tion or a lack of integrity or honesty is evidence, in the
absence of evidence to the contrary, that the person convicted
will not carry on business in accordance with the law and with
integrity and honesty within the meaning of clause (2) (a).
(4) An applicant's intention to work for more than one Conflict of
owner is evidence, in the absence of evidence to the contrary, '"^^'^^^^
of an apparent conflict of interest.
(5) The Registrar shall issue a licence to act as a sales rep- i?sue of
resentative to every applicant therefor who pays the pre-
scribed fee, complies with the regulations and is not disen-
titled under subsection (2).
(6) A licence is subject to such conditions as may be con- Conditions
sented to by the licensee, imposed by the Tribunal or pre- Scence"^ ^°
scribed.
(7) If the Registrar intends to refuse to issue a licence, the
Registrar shall give the applicant notice of and reasons for the
intention and, at the same time, advise the applicant of the
right to appeal.
Notice
(8) An applicant who receives a notice under subsection (7) Appeal
may appeal the intended refusal to the Tribunal within fifteen
days after receiving the notice.
(9) If no appeal is filed under subsection (8), the Registrar Refusal to
c . ' .1 t ■ issue licence
may refuse to issue the licence.
20. — (1) The Registrar may revoke, suspend or refuse to Revoking,
renew a sales representative's licence if the conduct or situa- refusln/to °^
tion of the licensee is such as to disentitle the licensee from renew sales
being granted a licence. '^'^^"'^^
(2) If the Registrar intends to revoke, suspend or refuse to Notice
renew a licence, the Registrar shall give the licensee notice of
and reasons for the intention and, at the same time, advise the
licensee of the right to appeal.
(3) If there are grounds to suspend a licence and the Regis-
trar considers it to be in the public interest that the licence be
suspended immediately, the Registrar may, by order, suspend
a sales representative's licence with the order taking effect
when it is made.
Immediate
suspension
14
Bill 31
CEMETERIES
1989
Idem
Appeal
Idem
Delay
Where no
appeal
Application
Idem
(4) An immediate suspension expires fifteen days after it is
appealed to the Tribunal unless, before the fifteen days
expire, the Tribunal extends the suspension.
(5) Any licensee who receives a notice under subsection (2)
may appeal the intended revocation or suspension to the
Tribunal within fifteen days after receiving the notice,
(6) Any licensee whose licence is suspended under sub-
section (3) may appeal the suspension to the Tribunal.
(7) If an appeal has been filed under subsection (5), the
Registrar shall not revoke or suspend the licence unless the
Tribunal determines that the licence should be revoked or sus-
pended.
(8) If no appeal is filed under subsection (5), the Registrar
may revoke or suspend the licence after the time for appeal
has expired.
21. — (1) A person who is refused a licence or a renewal of
a licence under this Act may apply for a licence only after one
year has passed since the refusal.
(2) A person whose licence is revoked under this Act may
apply for a licence only after one year has passed since the
revocation.
Continuation 22. The liccnce of a licensee who has applied for a
renewal of the licence continues until,
(a) the renewal is granted; or
(b) if the licensee is served with a notice that the Regis-
trar intends to refuse to renew, the time for appeal
has expired or, if an appeal is required, the matter
has been finally determined.
CONSUMER PROTECTION
Interment
rights
Idem
Idem
23. — (1) An interment rights holder may require, by writ-
ten demand, the owner to repurchase the rights at any time
before they are used.
(2) Every owner who receives a demand made under sub-
section (1) shall repurchase the interment rights within thirty
days after receiving the demand.
(3) The repurchase price of interment rights shall be deter-
mined in the prescribed manner.
1989
CEMETERIES
Bill 31
15
(4) An interment rights holder or the personal representa-
tive of the holder has the right to inter any human remains in
a lot or other facility approved under this Act in accordance
with the by-laws governing the facility.
Idem
(5) An interment rights holder or the personal representa- ^^^^
tive of the holder may erect a commemorative marker on a lot
or other receptacle for human remains if the erection of the
marker is not in contravention of the by-laws governing the
facility.
(6) Every person has the right to reasonable access to a lot Wem
at any time except as prohibited by the by-laws governing the
facility.
(7) An interment rights holder and the relatives of any per- wem
son whose remains are interred in a cemetery have the right to
decorate the appropriate lot if the decoration is not in contra-
vention of the by-laws governing the facility.
(8) Subsection (1) does not apply to require repurchase of Exception
interment rights in a plot in which any interment rights have
been exercised.
24. — (1) A purchaser of pre-need supplies or services from Pre-need
1 u -i^ ^- i ^u xu servic*^ '
an owner may cancel, by written notice to the owner, the con- suppi
tract to purchase at any time before the services or the sup
plies are provided or if the owner contravenes subsection (5).
services or
ies
(2) Subsection (1) or (5) does not apply if the supplies or w^m
services are provided within thirty days after the contract is
made because of the death of the person for whom the sup-
plies or services were contracted.
(3) Subject to subsection (4), an owner who receives a ^^^^
notice that a contract is cancelled under this section shall
refund to the purchaser all money, together with all income
thereon, received under the contract within thirty days after
receiving the notice.
(4) An owner to whom this section applies may retain a i^^em
service fee determined in the prescribed manner unless the
contract is cancelled within thirty days after it is made.
(5) No owner shall provide pre-need supplies or services Prohibition
under a contract within the thirty-day period immediately
following the day the contract is made.
16
Bill 31
CEMETERIES
1989
Application (6) xhis scction applies to contracts for pre-need supplies
or services whether the contracts were made before or after
this section comes into force.
Contract
requirements
25. — (1) A contract for the purchase of interment rights or
cemetery supplies or services is not enforceable by an owner
unless,
(a) it is written, signed by both parties and compHes
with the regulations;
(b) it sets out the purchaser's cancellation rights under
this Act and whether or not cemetery supplies or
services are to be provided before the death of the
person for whom they are contracted;
(c) the owner compUes with subsections (2) and (3);
and
(d) the owner delivers a signed copy of the contract to
the purchaser at the time the contract is made.
(2) An owner who sells interment rights must deliver to the
purchaser at the time the contract is made a copy of the,
by-laws of the cemetery and a certificate of interment rights.
(3) An owner who sells pre-need supplies or services must
set out in the contract exactly what the supplies or services are
and the price charged for them.
Refund with (4) An owner who receives money under a contract that is
not enforceable because of the application of this section shall
refund to the purchaser, immediately upon written demand,
with interest at the prescribed rate, all money received.
Idem
Idem
Idem
(5) Subsection (4) applies even though the owner has paid
the money into a trust fund that is not accessible to the
owner.
Exception (5) Subscction (4) docs not apply, in the case of interment
rights, after the rights are used or, in the case of cemetery
supplies or services, after the supplies or services are pro-
vided.
Public
information
Price list
26. Every owner shall make such information as is
prescribed available to the public in the manner and form
prescribed.
27. — (1) Every owner shall file with the Registrar a price
list of all interment rights and cemetery services and supplies
1989
CEMETERIES
Bill 31
17
that may be sold and all charges that may be made by that
owner.
(2) No owner shall charge or collect or receive money for ^dem
interment rights or cemetery supplies or services that is more
than the price for the rights, supplies or services filed by the
owner with the Registrar and not disallowed.
(3) The Registrar, upon receiving a price list, may disallow, Approval of
within thirty days after the list is filed, any price that, in the
opinion of the Registrar, is excessive or significantly higher
than current market price for the supplies, services or rights
within the applicable area.
(4) The Registrar shall give immediate written notice to the Notice of
[owner who filed the price list of any price on the list that is
disallowed and, in the notice, shall give the reasons for the
disallowance.
(5) If the Registrar disallows a price on a price list, the Appeal
owner who filed the list may appeal the disallowance to the
Tribunal.
(6) An owner who has charged any person a price that is Repayment
disallowed by the Registrar shall pay, forthwith, to that per-
son the difference between the price charged and the price
allowed.
28. — (1) If the Registrar believes, on reasonable and prob- Advertising
able grounds, that any person licensed under this Act has
made a false or misleading public representation or a repre-
sentation that is in contravention of this Act or the regu-
lations, the Registrar shall order that person to stop making
the representation and, in the order, shall set out the reasons
for the order.
(2) A person who receives an order under subsection (1) Compliance
witn order
shall immediately comply with the order and shall refrain from
making the representation, in any form, in the future.
(3) Any person who receives an order under subsection (1) Appeal
may appeal the order to the Tribunal.
(4) The Tribunal may issue a stay of any order made by the stay of order
Registrar under subsection (1).
29.— (1) No person shall contact, in any way, a person in ^°'j?JJ"^j
a hospital, nursing home or such other institution as is pre- p™ ' '^
scribed for the purpose of suggesting that a contract for the
18
Bill 31
CEMETERIES
1989
purchase of interment rights or cemetery supplies or services
be made.
Idem
(2) No person shall contact, by telephone or in person, a
person for the purpose of suggesting that a contract for the
purchase of interment rights or cemetery supplies or services
be made.
Exception
Regulations
Abandoned
interment
rights
Idem
Inquiry
Declaration
Notice
(3) This section does not prohibit any contact made at the
request of the person being contacted.
(4) The Lieutenant Governor in Council may make regu-
lations defining "contract" for the purpose of this section.
30. — (1) A cemetery owner may apply to the Registrar for
a declaration that interment rights are abandoned.
(2) An application may be made under subsection (1) only
in respect of interment rights that had been sold at least
twenty years before the application and have not been used.
(3) The Registrar, on receiving an application under sub-
section (1), shall make such inquiry and direct the applicant to
give such notices as seem reasonable in the circumstances.
(4) Upon being satisfied that the rights are abandoned, the
Registrar shall issue a declaration to that effect,
(5) The Registrar shall give notice of the declaration or the
decision to not make the declaration to the applicant and to
every person who has indicated to the Registrar an interest in
the matter.
Appeal
Right to sell
abandoned
rights
Rights
holder's
protection
(6) Any person who has an interest in the matter may
appeal the decision of the Registrar to the Tribunal within
thirty days after notice of the decision is given under sub-
section (5).
31. A cemetery owner may resell interment rights that
have been declared abandoned,
(a) if there is no appeal, at the end of the time for
appeal; or
(b) if there is an appeal, when the appeal has been
finally determined supporting the declaration.
32. — (1) Any person whose interment rights have been
resold after being declared abandoned may apply to the
Registrar for redress.
1989
CEMETERIES
Bill 31
19
(2) The Registrar, upon receiving an application under sub- Wem
section (1), shall order the cemetery owner or the owner's
successor, as the case may be, to provide, subject to sub-
section (6), better or equivalent interment rights in that ceme-
tery or to refund an amount determined as prescribed.
(3) Any person whose interment rights have been declared ^'^em
abandoned but have not been resold may apply to the Regis-
trar to have those rights restored.
Idem
(4) The Registrar, upon receiving an application under sub-
section (3), shall order that the declaration be cancelled and
that the rights be restored to the person entitled thereto.
(5) This section does not apply in respect of interment Exception
rights in cemeteries that are abandoned.
(6) If the cemetery referred to in subsection (2) is one in idem
which interment rights are not available but the owner owns a
cemetery in which interment rights are available, the applicant
shall be given the option of accepting better or equivalent
interment rights in that cemetery.
33. — (1) If a marker has been erected on a lot that is the Markers
subject-matter of a declaration of abandonment, the cemetery
owner shall remove and store it at the owner's expense for at
least twenty years.
(2) If an order is made under subsection 32 (2) to provide i^^em
ahernate interment rights, the cemetery owner shall re-erect
the marker at the new site at the owner's expense.
(3) If subsection (2) does not apply, the cemetery owner We^
may dispose of the marker at the expiration of the twenty-
year period.
34. — (1) A cemetery owner who has available space shall ^^^i^^^
provide, upon receiving a written instruction from a welfare cemetery
administrator,
(a) a lot for the interment of the remains of any person
referred to in the instruction;
(b) opening and closing services in conjunction with the
interment; and
(c) such other related services as are prescribed.
(2) A crematorium owner shall provide, upon receiving a crematorium
written instruction from a welfare administrator.
20
Bill 31
CEMETERIES
1989
(a) a crematorium service for the remains of any person
referred to in the instruction; and
(b) such other related services as are prescribed.
Exception (3) Subsections (1) and (2) do not apply to require a reli-
gious organization to inter or cremate the remains of a person
who is disentitled to burial or cremation in a cemetery or
crematorium owned by that organization.
Payment (4) An owner who provides a service under this section is
entitled to be paid the prescribed amount for the service by
the welfare administrator.
Welfare (5) The Lieutenant Governor in Council may make regu-
a mimstrator j^^^^j^^ defining "welfare administrator" for the purpose of
this section and designating persons by title or job description
who are considered welfare administrators for this purpose.
TRUST FUNDS
Care and
maintenance
trust funds
1987, c. 33
Payments
into fund
Payments out
of fund
Use of
money
Capital
portion
Idem
Municipal
owners
35. — (1) Every cemetery owner who sells, assigns or trans-
fers interment rights shall establish with a corporation reg-
istered under the Loan and Trust Corporations Act, 1987, with
that corporation as trustee, a trust fund designated the "Care
and Maintenance Fund" for the purpose of providing money
for the care and maintenance of the cemetery.
(2) An owner who is required to establish a fund under this
section shall pay into the fund prescribed amounts within the
prescribed times.
(3) A trustee of a fund established under this section shall
pay the income from the fund, after deducting therefrom the
trustee's fees, to the owner of the cemetery involved.
(4) An owner receiving money pursuant to subsection (3)
shall use the money for the upkeep of the cemetery and the
markers and structures therein in the prescribed manner.
(5) No trustee of a fund established under this section shall
pay out any of the capital portion of the fund.
(6) Subsection (5) does not apply to preclude a trustee from
transferring the fund, with the consent of the Registrar, to
another trustee.
(7) Despite subsection (1), an owner that is a municipality
may act as the trustee of a Care and Maintenance Fund estab-
lished by that municipality.
1989
CEMETERIES
Bill 31
21
36. — (1) Every owner who sells pre-need cemetery sup-
plies or services shall establish with a corporation registered
under the Loan and Trust Corporations Act, 1987, with that
corporation as trustee, a trust fund designated as the "Pre-
need Assurance Fund".
Pre-need
assurance
trust funds
1987, c. 33
(2) Subsection (1) applies to an owner in respect of sales i^em
made by a person that the owner is associated or affihated
with in a manner that is prescribed.
(3) An owner who is required to establish a fund under this Payments
section shall pay into the fund all money received for pre-need '"^° ^"'^
supplies or services within the prescribed times.
(4) A trustee of a fund established under this section shall Trust funds
hold all money received for the benefit of the purchaser until
that portion of the contract in respect of which the money was
paid is completed.
(5) When a portion of a contract is completed, the trustee ^^^^
shall pay to the owner the lesser of,
(a) the current market price filed with the Registrar for
the supplies or services; or
(b) an amount equal to the payments made for the sup-
plies or services together with income accrued on
those payments.
(6) If the amount referred to in clause (5) (b) exceeds the Wem
price referred to in clause (5) (a), the trustee shall pay the
amount of the excess to the owner.
(7) If a contract in respect of which money is held in the P"or
trust fund is cancelled, the trustee shall pay, to the owner, the
amount of the initial payments together with income accrued
on that amount.
(8) Subject to subsection 24 (4) (retention of service fee), ^J^^'j^^J^/''
an owner who receives a payment under subsection (7) shall ''"'^'^ ^^"^
pay the amount to the purchaser involved within twenty days
after receiving the payment.
(9) An owner who receives a payment under subsection (6) ^<^^™
shall pay the amount to the purchaser or, if an interment has
taken place, to the estate of the person interred within twenty
days after receiving the payment.
22
Bill 31
CEMETERIES
1989
Municipal
owners
(10) Despite subsection (1), an owner that is a municipality
may act as the trustee of a Pre-need Assurance Fund estab-
lished by that municipality.
Restrictions
on trust
agreements
R.S.O. 1980,
c. 512
Marker
installation
37. No investment of money in a trust established pur-
suant to this Act shall be made except as permitted under the
Trustee Act. ■^-
38. — (1) Every person installing a marker in a cemetery
shall pay to the cemetery owner the prescribed amount.
Payment into
fund
Idem
Trust funds
held by
owner
R.S.O. 1980,
c. 102
1987, c. 33
Idem
Providing
information,
etc.
(2) An owner receiving money pursuant to subsection (1)
shall pay the money into the Care and Maintenance Fund
established for that cemetery.
(3) An owner who does not receive payment under
subsection (1) for a marker shall pay into the Care and
Maintenance Fund a prescribed amount.
39. — (1) All money received by an owner that is required
to be paid into a trust fund but that is not immediately turned
over to a trustee of a trust fund shall be deposited by the
owner in a trust account with a credit union or caisse popu-
laire registered under the Credit Unions and Caisses Popu-
laires Act, a chartered bank of Canada, the Province of
Ontario Savings Office or a trust or loan corporation reg-
istered under the Loan and Trust Corporations Act, 1987.
(2) Money deposited by an owner in a trust account under
subsection (1) shall be placed by the owner into a trust fund
or otherwise paid out in accordance with this Act or the regu-
lations within the time prescribed.
40. — (1) The Registrar or the Public Trustee may require
any owner or trustee to provide,
(a) any information on trust accounts or trust funds that
the owner or trustee is involved with; and
(b) audited financial statements on any trust account or
trust fund relating to a cemetery or crematorium
that the owner or trustee is involved with.
Idem
Surrogate
Court
(2) Every owner or trustee who receives a request pursuant
to subsection (1) shall forthwith provide all the information or
statement required or an explanation as to why it is not possi-
ble to provide the information or statement.
41. — (1) The Registrar or the Public Trustee may apply to
the Surrogate Court to pass the accounts of any trust fund.
1989
CEMETERIES
Bill 31
23
(2) The court, on passing any account, may review and pass Wem
feupon any agreement made by an owner of a cemetery or cre-
[matorium.
(3) The court, on passing any account, may make any order wem
|that it considers necessary to ensure that the trust is carried
)Ut.
42. No cemetery or crematorium owner shall charge or No compen-
receive any compensation or payment for the effort or owneV"
lexpense of establishing or maintaining a trust fund.
43. — (1) Despite subsections 35 (1) and 36 (1), an owner use of Public
kwho does not have a practical ahernative may require the ™^^^
[Public Trustee to act as a trustee for that owner's Care and
[aintenance Fund or Pre-need Assurance Fund.
(2) The Registrar and the Public Trustee have an interest in interested
fall trust funds. ^^'^"^^
CEMETERY AND CREMATORIUM OPERATIONS
44. — (1) Every cemetery owner shall maintain, without
:harge to interment rights holders, the grounds of the ceme-
[tery, including all lots, structures and markers, to ensure the
ifety of the public and to preserve the dignity of the ceme-
sry.
Maintenance
by cemetery
owner
(2) Despite subsection (1), an owner of a non-commercial Exception
^cemetery may charge interment rights holders, at a rate
approved by the Registrar, for the maintenance of lots and
markers that were sold before 1955 if there were no trust
funds collected for that purpose,
45. No owner shall carry on business, in a manner pre- Operating
scribed, in conjunction with a person licensed to operate a Establishment,
funeral establishment or transfer service. etc.
46. Every cemetery owner shall ensure that all interments ^°°^ "■^'•^'^
in the cemetery are carried out in a decent and orderly man-
ner and that quiet and good order are maintained in the ceme-
tery at all times.
47. No person shall inter human remains except in a cem- interment in
etery that has been consented to by the Registrar and is onty^^^'^
owned by an owner licensed under this Act.
48. If a marker in a cemetery presents a risk to public
safety because it is unstable, the owner of the cemetery shall
Repairing
markers
24
Bill 31
CEMETERIES
1989
do whatever is necessary by way of repairing, resetting or lay-
ing down the marker so as to remove the risk.
Mortgage on 49, — (1) Nq encumbrance or charge on a cemetery or cre-
cemetery matorium is enforceable unless it was given as security for
money borrowed for,
(a) the purpose of improving the facilities provided;
(b) the purpose of acquiring land for a cemetery or cre-
matorium; or
Restriction
(c) a purpose, approved by the Registrar, relating to
the operation of the cemetery or crematorium.
(2) No encumbrancer claiming an interest in a cemetery or
crematorium may deal with the cemetery or crematorium
except in accordance with this Act.
By-laws
Owner's
by-laws
50. — (1) No person shall operate a cemetery or cremato-
rium except in accordance with the by-laws applying to that
cemetery or crematorium.
(2) An owner of a cemetery or crematorium may make by-
laws affecting the operation of the cemetery or crematorium.
When
effective
Prescribed
by-laws
Notice of
by-laws
Approval by
Registrar
Revocation
of by-laws
Idem
Notice of
disallowance
or revocation
(3) No by-law made by an owner is effective until it is filed
with and approved by the Registrar.
(4) The Lieutenant Governor in Council may make regu-
lations prescribing by-laws that apply to cemeteries or crema-
toria or to any prescribed classes of cemeteries or crematoria.
(5) An owner filing a by-law shall give such notice as is pre-
scribed to such classes of persons as are prescribed.
(6) A by-law filed with the Registrar under this section
shall be approved by the Registrar unless the approval is not
in the public interest or the effect of the by-law is to give the
owner an unreasonable or unfair competitive advantage over
another supplier of cemetery services or supplies.
(7) The Registrar may revoke any by-law that the Registrar
could have refused to approve under subsection (6).
(8) Subsection (7) applies even though the Registrar has
previously approved the by-law.
(9) If the Registrar intends to refuse to approve or revoke a
by-law, the Registrar shall give the owner notice of the inten-
1989 CEMETERIES Bill 31 25
tion and, at the same time, advise the owner of the right to
appeal.
(10) An owner who receives a notice under subsection (9) Appeal
may appeal the intended refusal or revocation to the Tribunal
within fifteen days after receiving the notice.
(11) If an appeal is filed against an intended revocation, the Delay in
Registrar shall not revoke the by-law unless the Tribunal '^^^°^^^'°'
determines that the by-law should be revoked.
(12) If no appeal is filed against an intended revocation, the where no
Registrar may revoke the by-law after the time for appeal has ^^^^^
expired.
51. — (1) Subject to subsection (2), no person shall disinter Disinterment
any human remains without,
(a) the prior consent of the interment rights holder; and
(b) notifying the proper medical officer of health.
(2) Subsection (1) does not apply to a disinterment ordered where
u ^ ^ ^ ^ ^^ -^ consent not
"y' required
(a) a court of competent jurisdiction;
(b) a coroner appointed under the Coroners Act; RS.o. i980,
(c) the Attorney General or Solicitor General for
Ontario; or
(d) the Registrar under section 9. -^^
(3) For the purpose of clause (1) (a), the consent of the ^^^"^
Registrar may be substituted for that of the interment rights
holder if,
(a) the whereabouts of an interment rights holder are
not known;
(b) the interment rights holder is not readily ascertaina-
ble; or
(c) the interment rights holder is not able to consent.
(4) No person shall disinter human remains except in J^j^P''^"*^^
accordance with the regulations. regulations
26
Bill 31
CEMETERIES
1989
Exception (5) ciausc (1) (b) docs not apply to the disinterment of cre-
mated human remains.
Consent of
Registrar
Notice of
intention
52. — (1) The Registrar, before consenting to a disinter-
ment, shall consider whether any known person may have an
interest in the disposition of the remains and, if there may be
such a person, shall order that notice of the intention to disin-
ter be given,
(2) A notice of intention to disinter shall be given in the
manner and form set out in the order.
Objections
Idem
Conditions
for consent
Notice of
decision
Appeal
Delay
Where no
appeal
Attendance
by medical
officer
Diseases
1983, c. 10
(3) Any person objecting to a disinterment may file a writ-
ten objection with the Registrar at any time before the con-
sent of the Registrar is given.
(4) If any person files an objection to a disinterment, the
Registrar shall determine whether that person has an interest
in the remains and, if so, shall ascertain the person's wishes.
(5) In giving a consent to a disinterment, the Registrar shall
take into account the wishes of any person with an interest in
the remains and make the consent subject to such conditions
as the Registrar considers appropriate.
(6) Notice of the Registrar's decision shall be given to the
person who applied for the consent, to any person to whom
notice is given under subsection (1) and to any person filing
an objection.
(7) A person receiving a notice under subsection (6) may
appeal, to the Tribunal, the Registrar's decision within fifteen
days after receiving the notice.
(8) If an appeal is filed under subsection (7), the Registrar
shall not consent to the disinterment unless the Tribunal
determines that the disinterment should proceed.
(9) If no appeal is filed under subsection (6), the Registrar
may consent to the disinterment after the time for appeal has
expired.
53._(1) A medical officer of health has the authority to
attend at, supervise and direct a disinterment.
(2) If a medical officer of heahh determines that remains
are those of a person who died of a communicable disease
within the meaning of the Health Protection and Promotion
Act, 1983, the remains shall not be dealt with in any way
except as prescribed by the regulations made under that Act
1989
CEMETERIES
Bill 31
27
54, No person shall remove human remains from a ceme- Certificate
tery unless a certificate of a medical officer of health or the '^^'^""^^
cemetery owner confirming that this Act and the regulations
have been complied with is affixed to the container.
55. A burial certificate under the Vital Statistics Act is not R so. i980,
required to reinter human remains that have been disinterred does not
in accordance with this Act and the regulations, apply
56. — (1) No person shall cremate human remains except Cremation
in a crematorium that has been established with the consent of
the Registrar and is owned by an owner licensed under this
Act.
(2) No person shall cremate human remains,
(a) for which there is not a coroner's certificate sup-
plied by the Ministry of Consumer and Commercial
Relations;
(b) in a container made of, or containing, non-flamma-
ble or hazardous material or a prescribed material;
or
Prohibitions
(c) in which a pacemaker or other prescribed device is
implanted.
(3) Except if required by a welfare administrator or for the Right to
purpose of compliance with this Act or the regulations made
under this Act, a crematorium owner has the right to refuse to
cremate any human remains.
57. Every crematorium owner shall ensure that all crema-
tions in the crematorium are carried out in a decent and
orderly manner and that quiet and good order are maintained
in the crematorium at all times.
Good order
58. — (1) Any person who purchases a cremation service Deposit re
shall deposit, at the request of the crematorium owner, a pre- ^^^^^
scribed amount with the owner to cover the cost of interring
the cremated remains.
(2) An owner receiving money under subsection (1) shall Held in trust
hold the money in trust.
(3) If the cremated remains are claimed by the interment Refund
rights holder within one year after the cremation, the owner
shall refund the money to the person entitled thereto at the
time of the claim.
28
Bill 31
CEMETERIES
1989
Owner's
compensation
Neglected
cemetery
Appeal
Idem
Idem
R.S.O. 1980,
c. 484
does not
apply
Repairs
Abandoned
cemeteries
Application
Notice of
application
(4) If, after one year, the cremated remains have not been
claimed and the owner has made reasonable efforts to contact
the representatives of the deceased, the owner may inter them
and is then entitled to the money held in trust as compensa-
tion.
59. — (1) A municipality may order a cemetery owner who
does not keep the cemetery in good order and repair to
restore it to good order and repair.
(2) An owner may appeal, to the Registrar, an order to
restore within fifteen days after receiving the order.
(3) The Registrar, on receiving an appeal, shall invite sub-
missions from the owner and the municipality and shall make
such other inquiries as are appropriate in the circumstances.
(4) After considering submissions made and the circum-
stances, the Registrar shall confirm or reverse the order of the
municipality or substitute his or her order for that of the
municipality.
(5) The Statutory Powers Procedure Act does not apply to
an appeal under this section. "^^
(6) If an owner does not restore a cemetery as specified in
an order given under subsection (1) within such reasonable
time as is set out in the order, the municipality may have the
required work done and recover the costs thereof from the
owner.
60. — (1) An application to declare a cemetery abandoned
may be made to a judge of the District Court if the owner of
the cemetery,
(a) cannot be found or is unknown;
(b) is unable to maintain it;
(c) was a corporation that was dissolved; or
(d) is not Hcensed as an owner under this Act.
(2) An application to declare a cemetery abandoned may
be made by the owner of the cemetery, the municipality or
the Registrar.
(3) An applicant under subsection (2) must give notice of
the application to the other persons referred to in subsection
(2). ♦
1989
CEMETERIES
Bill 31
29
(4) The municipality is responsible for the cost of an appli- Costs
cation under this section including the cost of a survey of the
land involved.
(5) Despite subsection (4), an owner who makes an unsuc- ^em
cessful application is responsible for the costs referred to in
subsection (4). -^t-
(6) A judge to whom an application is made under sub- Declaration
section (1), upon being satisfied that there is a basis for the
appUcation, shall, by order, declare the cemetery that is the
subject-matter of the application to be abandoned.
(7) Upon a declaration that a cemetery is abandoned being Municipality
registered in the appropriate land registry office, the munici-
pality becomes the owner of the cemetery with all the rights
and obligations in respect to the cemetery and the assets,
funds and trust accounts related thereto that the previous
owner had.
becomes
owner
(8) A declaration under this section may exempt the munic- Exemptions
ipality being declared the owner from any provision of this
Act or the regulations that it would be inappropriate, in the
circumstances, for a new owner to be subject to.
(9) Upon an application being made to declare a cemetery Maintenance
abandoned, the municipality within which the cemetery is situ-
ated is responsible for the maintenance of the cemetery until
the application is disposed of.
61. The Registrar may require any owner who has an ^uai interest
interest in a cemetery that appears to be abandoned or neg-
lected to maintain that cemetery as a condition of retaining a
licence to own a cemetery or crematorium.
ADMINISTRATION
62. — (1) There shall be a Registrar appointed for the pur- Registrar
poses of this Act.
(2) There shall be one or more Deputy Registrars Deputy
appointed who may exercise such powers and perform such ^^^^^^
duties of the Registrar as are delegated by the Registrar.
(3) The Registrar, Deputy Registrars and all other employ-
ees necessary for the administration of this Act shall be
appointed under the Public Service Act.
Application
of
R.S.O. 1980,
c. 418
30
Inspectors
Bill 31
CEMETERIES
1989
63. — (1) The Registrar may appoint inspectors to carry
out inspections for the purpose of determining whether there
is compliance with this Act and the regulations.
Certificate of (2) An inspcctor cxercising a power under this Act shall, on
appointment j-gq^g^^^ producc his or her certificate of appointment.
Inspections
Entry to
dwellings
Warrant
64. — (1) For the purpose of ensuring comphance with this
Act and the regulations, an inspector may,
(a) enter any place at any reasonable time;
(b) request the production for inspection of documents
or things that may be relevant to the inspection;
(c) inspect and, upon giving a receipt therefor, remove
documents or things relevant to the inspection for
the purpose of making copies or extracts;
(d) inquire into negotiations, transactions, loans or bor-
rowings of a licensee and into assets owned,
acquired or disposed of by a licensee that are rele-
vant to an inspection;
(e) conduct such tests as are reasonably necessary to
determine the integrity of a structure, fence or
marker in a cemetery; and
(f) remove materials or substances for examination or
test purposes subject to the licensee or other occu-
pant of the premises being notified thereof.
(2) Subsection (1) does not apply to confer a power of
entry to a room actually used as a dwelUng without the con-
sent of the occupier.
(3) A justice of the peace may issue a warrant authorizing
the person named in the warrant,
(a) to do anything set out in clause (1) (a), (c), (e) or
(f);
(b) to enter and search a room actually used as a dwell-
ing; or
(c) to search for and seize any document or thing rele-
vant to the inspection.
1989
CEMETERIES
Bill 31
31
(4) A warrant may be issued under subsection (3) if the jus- Requirements
tice of the peace is satisfied on information under oath that in to^ssu"^"
the case of a warrant to be issued under,
(a) clause (3) (a), an inspector has been prevented from
doing anything permitted under clause (1) (a), (c),
(e) or (f) or there is reasonable ground to believe
that an inspector may be prevented from doing any
of those things;
(b) clause (3) (b), it is necessary that a room actually
used as a dwelling be entered for the purposes of
carrying out an inspection or there is, in such a
room, a document or thing that there is reasonable
ground to beUeve is relevant to an inspection under
this Act; or
(c) clause (3) (c), it is necessary to search for and seize
a document or thing that there is reasonable ground
to believe will afford evidence relevant to a contra-
vention of this Act or the regulations.
(5) A warrant issued under this section shall specify the Execution of
hours and days during which it may be executed.
(6) Unless renewed, a warrant under this section expires Expiry
not later than thirty days after the date on which it is made.
(7) A warrant under this section may be issued or renewed Notice not
upon application without notice.
(8) A warrant under this section may be renewed for any Renewal of
reason for which it may be issued.
(9) A person doing anything under the authority of a war- Assistance
rant issued under this section is authorized to call on such
police officers to assist and to use such force as is necessary in
the execution of the warrant.
(10) An inspector carrying out an inspection, with or with-
out a warrant, may be accompanied by such persons with
expertise in the subject-matter of the inspection as the inspec-
tor considers necessary.
Use of
experts
(11) An investigator taking material in order to copy it shall Copies
make the copy with reasonable dispatch and shall promptly
return the material taken.
(12) Copies of, or extracts from, documents and things ^j'^^'^-^^'^'^y
removed under this section and certified as being true copies ° "^"^'^^
32
Bill 31
CEMETERIES
1989
of, or extracts from, the originals by the person who made
them are admissible in evidence to the same extent as, and
have the same evidentiary value as, the documents or things
of which they are copies or extracts.
Obstruction
of inspector
Facilitating
inspection
65. — (1) No person shall obstruct an inspector in carrying
out an inspection under this Act or withhold, destroy, conceal
or refuse to provide any relevant information or thing
required for the purpose of the inspection.
(2) It is a condition of each licence issued under this Act
that the licensee facihtate an inspection relevant to that
licence.
Freezing
assets
Scope of
direction
66. — (1) If the Director has reasonable and probable
grounds to believe that the owner of a cemetery or cremato-
rium is doing or is about to do something that will jeopardize
the public interest or the proper care and maintenance of a
cemetery, the Director may direct any person holding, having
on deposit or controlling assets of the owner or trust funds
under the control of the owner to hold the assets or trust
funds until further instructions are received from the Director
to release a particular asset or trust fund from the direction.
(2) In the case of a bank or a corporation, a direction
under subsection (1) applies only to the offices, branches or
agencies thereof named in the direction.
Application (3) Any person named in a direction issued under sub-
for directions ^^^^^^^ ^^^^ |£ ^^ ^^^^^ ^^ ^^ the application of the direction to
particular assets or trust funds, may apply to the Director for
an order of clarification.
Revocation
amendment
of direction
(4) On an application of the owner or any other person
having an interest therein, the Director may make an order on
such conditions as are set out in the order revoking the direc-
tion or consenting to the release of a particular asset or trust
fund from the direction.
Appeal (5) Any person affected by a direction or order of the
Director made under this section or a refusal to make an
order may appeal to the Tribunal.
Restraining 57, — (1) If the Director is of the opinion that any person is
"^^"^^ not complying with this Act or the regulations, despite the
imposition of any penalty in respect of the non-compliance
and in addition to any other remedy available, the Director
may apply to a judge of the High Court for an order directing
the person to comply.
1989 CEMETERIES Bill 31 33
I
* (2) Upon an application under subsection (1), the judge ^^^^
may make the order applied for or such other order as the
judge thinks appropriate.
(3) An appeal lies to the Divisional Court from an order I'lem
made under subsection (2).
BURIAL SITES
68. No person shall disturb or order the disturbance of a Disturbing
burial site or artifacts associated with the human remains prohiUed
except,
(a) on instruction by the coroner; or
(b) pursuant to a site disposition agreement.
69. Any person discovering or having knowledge of a Unmarked
burial site shall immediately notify the police or coroner.
70. — (1) The Registrar may order the owner of land on investigation
which a burial site is discovered to cause an investigation to be
made to determine the origin of the site.
(2) Section 68 does not apply to a person investigating the I'lem
nature or origin of the site who is disturbing the site in the
course of the investigation.
(3) A person conducting an investigation shall do so with i^em
the minimum disturbance to the site that is reasonable in the
circumstances.
(4) If the Registrar is of the opinion that an investigation Wem
under subsection (1) would impose an undue financial burden
on the land owner, the Registrar shall undertake the investiga-
tion.
i
71. — (1) As soon as the origin of a burial site is deter- Declaration
mined, the Registrar shall declare the site to be,
(a) an unapproved aboriginal peoples cemetery;
(b) an unapproved cemetery; or
(c) an irregular burial site.
(2) For the purpose of subsection (1), interpretation
34
Bill 31
CEMETERIES
1989
(a) an irregular burial site is a burial site that was not
set aside with the apparent intention of interring
therein human remains;
(b) an unapproved cemetery is land set aside with the
apparent intention of interring therein, in accord-
ance with cultural affinities, human remains and
containing remains identified as those of persons
who were not one of the aboriginal peoples of
Canada:
Definition
(c) an unapproved aboriginal peoples cemetery is land
set aside with the apparent intention of interring
therein, in accordance with cultural affinities,
human remains and containing remains identified as
those of persons who were one of the aboriginal
peoples of Canada:
(3) For the purposes of this section and section 72, "unap-
proved" means not approved in accordance with this Act or a
predecessor of this Act, -^^ ;
Site
disposition
agreement
72. — (1) The Registrar, on declaring a burial site to be an
unapproved aboriginal peoples cemetery or an unapproved
cemetery, shall serve notice of the declaration on such persons
or class of persons as are prescribed.
Idem
(2) All persons served with notice under subsection (1)
shall enter into negotiations with a view of entering into a site
disposition agreement.
Idem
(3) If a site disposition agreement is not made within the
prescribed time, the Registrar shall refer the matter to arbitra-
tion.
Idem
(4) Despite subsection (3), the Registrar, if of the opinion
that an agreement may be reached, may defer referring the
matter to arbitration so long as there appears to be a reason-
able prospect of an agreement being reached.
Arbitrated
settlement
73. The persons named in an arbitrated settlement who
have been given the opportunity to fully participate in the
arbitration process are bound by the settlement whether they
chose to participate or not.
Irregular
burial site
74. — (1) An owner of land that contains an irregular bur-
ial site shall ensure that the remains found in the site are
interred in a cemetery.
1989
CEMETERIES
Bill 31
35
(2) No owner of a cemetery interring human remains for an charges
owner of land to whom this section applies may charge more
than the prescribed amount for the interment.
75. — (1) No person shall alter or move the remains or war Graves
marker of a Canadian or Allied veteran or a Commonwealth
War Burial without the agreement of the Department of Vet-
erans Affairs (Federal), the Commonwealth War Graves
Commission or such other persons and associations as are pre-
scribed.
(2) Subsection (1) applies with respect to the alteration or idem
removal of the remains or a marker of a Canadian or Allied
veteran only if the Department of Veterans Affairs (Federal)
contributed to the cost of the interment. -^^
(3) If an agreement is not reached, the person who wants 'dem
to make the alteration or move may apply to the Registrar for
directions.
(4) When an application is made under subsection (3), the i^em
Registrar shall instruct the applicant to give notice of the
application to such persons and associations as the Registrar
considers may have an interest in the matter.
(5) All persons and associations receiving a notice under ''^em
subsection (4) may make submissions on the matter to the
Registrar in such form and manner as the Registrar instructs.
(6) After considering all submissions made, the Registrar ^'^^^
shall direct the applicant on the manner of dealing with the
remains or marker in question.
(7) Subsection (1) does not apply to a person altering or ^'^^^
moving remains or markers in accordance with the direction
of the Registrar.
76. — (1) The Lieutenant Governor in Council may make Regulations
regulations,
1. prescribing documents, information and notices to
be provided in the course of an application;
2. prescribing fees and requiring the payment of fees;
3. providing for the manner in which a deposit
required for approval shall be appUed or returned;
4. prescribing classes of cemeteries;
36 Bill 31 CEMETERIES 1989
5. prescribing, for any notice required to be given
under this Act, the type of notice and the manner in
which it is to be given;
6. prescribing requirements and standards for the
placing and spacing of interments, markers,
fixtures, fences or other structures in a cemetery;
7. prescribing the minimum depth of coverage for in-
ground burials;
8. prescribing the drains, sewers and other structures
for the flow of water required in a cemetery;
9. governing mausolea, columbaria and other struc-
tures on or in a cemetery and establishing construc-
tion standards;
10. prescribing classes and types of licences;
11. governing the issue of licences and providing for the
renewal of licences;
12. governing the term during which each class or type
of licence is valid;
13. prescribing conditions that attach to any class or
type of licence;
14. providing for posting of bonds and prescribing the
amounts thereof;
15. providing for the forfeiture of posted bonds and for
the distribution of the proceeds of forfeited bonds;
16. prescribing practices or actions that are evidence of
incompetence or lack of honesty and integrity;
17. requiring the approval of the Registrar for promo-
tional and sales material and prescribing the criteria
for approval;
18. prescribing the type of promotional and sales
material that requires the approval of the Registrar
and providing for its submission to the Registrar;
19. governing and prohibiting the use of any promo-
tional or sales material or any practice;
1989 CEMETERIES Bill 31 37
20. prescribing records and information to be kept by
licensees;
21. providing for and requiring the submission of rec-
ords and information and providing for access by
agents of the Registrar to records and information;
22. prescribing the form of and conditions to be
included in contracts for the sale of interment rights
and cemetery supplies and services;
23. prescribing the information to be supplied to pur-
chasers of interment rights and cemetery suppHes
and services;
24. prescribing the form of and information to be
included in certificates of interment rights;
25. prescribing information to be provided to the pub-
lic, any person or any class of persons and prescrib-
ing the manner of providing that information;
26. governing advertising and the manner of soliciting
business;
27. requiring the use of any prescribed forms;
28. governing the use of contracts and certificates;
29. governing the uses to which owners may apply
income from Care and Maintenance Funds;
30. prescribing records and information on trust funds
to be provided to purchasers of interment rights and
pre-need supplies or services;
31. governing the establishment, maintenance and oper-
ation of trust funds including the Care and Mainten-
ance Fund and the Pre-need Assurance Fund;
32. governing the payment of money into and out of
trust funds including the time within which and the
circumstance under which payments are to be
made;
33. prescribing fees that may be retained by trustees in
respect of any type of trust fund;
34. governing the interment, disinterment, disposition
and removal of human remains;
38 Bill 31 CEMETERIES 1989
35. governing the preparation of disinterred human
remains for transportation including prescribing the
design and material of container to be used;
36. prescribing standards for the construction, installa-
tion, stabilization and preservation of markers and
other cemetery supplies and requiring compliance
with the standards;
37. governing the standards of care and maintenance
required for a cemetery;
38. governing the procedure for approving by-laws
made by owners and for revoking any by-laws made
by owners;
39. prescribing the criteria that the Registrar shall use
in approving by-laws;
40. governing the manner of conducting cremations and
dealing with cremated remains;
41. prescribing amounts to be deposited, in trust, to
compensate for disposing of cremated remains and
regulating the handling of the trust moneys;
42. governing the location and ownership of cemeteries
and crematoria;
43. governing prices and the range of prices that may be
included on price lists filed with the Registrar by
owners;
44. prescribing procedures to be followed in dealing
with burial sites and requiring that they be fol-
lowed;
45. governing arbitration in the absence of a site dispo-
sition agreement and requiring compliance with pre-
scribed procedure;
4^. prescribing the subject-matters to be contained in a
site disposition agreement or arbitration settlement
and requiring their inclusion;
47. exempting any person or class of persons, any cem-
etery or class of cemetery or anything or class of
thing from any provision of this Act or the regu-
lations;
1989 CEMETERIES Bill 31 39
48. prescribing conditions subsequent or precedent for a
prescribed exemption and providing that an exemp-
tion may be subject to the Registrar being satisfied
that it is not contrary to the public interest;
49. prescribing what constitutes notice in any provision
where notice is required to be given;
50. governing the time for giving any notice for which a
time is not set out in this Act and delegating to the
Registrar power to extend any prescribed time;
51. prescribing anything that is referred to in this Act as
being prescribed.
(2) Any regulation may be general or specific or of limited Limitation
appHcation.
77. No person shall cause or commit a nuisance in a ceme- interfering
tery or wilfully and unlawfully disturb persons assembled for Cemetery
the purpose of interring human remains in a cemetery.
78. — (1) Any person who, in a cemetery, damages or Cause of
moves any tree, plant, marker, fence, structure or other thing
usually erected, planted or placed in a cemetery is hable to
the cemetery owner and any interment rights holder who, as a
resuh, incurs damage.
(2) In an action under subsection (1), the amount of dam- i^em
ages shall be the amount required to restore the cemetery to
the state that it was in before anything was damaged or moved
by the person liable.
(3) Any person collecting damages under this section shall ^^^^
use the full amount collected to restore the cemetery.
79. — (1) Every person who, Offence
(a) furnishes false, misleading or incomplete informa-
tion in an application under this Act or in a state-
ment or return required to be furnished under this
Act or the regulations;
(b) fails to comply with an order made under this Act;
or
(c) contravenes any provision of this Act or the regu-
lations,
is guilty of an offence.
40
Bill 31
CEMETERIES
1989
Idem
Idem
Idem
(2) Every director or officer of a corporation who concurs
in an offence under this Act is guilty of an offence.
(3) An individual who is convicted of an offence under this
Act is liable to a fine of not more than $20,000 and, on a sub-
sequent conviction, to a fine of not more than $20,000 and to
imprisonment for a term of not more than one year.
(4) A corporation that is convicted of an offence under this
Act is liable to a fine of not more than $40,000.
Limitation
(5) Subject to subsection (6), no proceeding under this sec-
tion shall be commenced more than two years after the
offence was committed.
Idem
(6) No proceeding under clause (1) (a) or subsection 35 (2)
or 36 (3) or section 68 shall be commenced more than one
year after the facts upon which the proceeding is based first
came to the knowledge of the Registrar.
Restitution
(7) If a person is convicted of an offence under this Act,
the court making the conviction may, in addition to any other
penalty, order the person convicted to make compensation or
restitution in relation thereto.
Certificate as
evidence
80. A statement as to,
(a) the consent or lack of consent to establish, alter or
increase the capacity of a cemetery or crematorium;
(b) the licensing or non-licensing of any person;
(c) the filing or non-filing of any document or material
required or permitted to be filed with the Registrar;
(d) the time when the facts upon which proceedings are
based first came to the knowledge of the Registrar;
or
(e) any other matter pertaining to licensing, non-
licensing, fiUng or non-filing,
purporting to be certified by the Registrar is, without proof of
the office or signature of the Registrar, admissible in evidence
in any proceeding, in the absence of evidence to the contrary,
of the facts stated therein.
Municipal
powers
81. — (1) A municipality may expropriate,
1989
CEMETERIES
Bill 31
41
(a) a cemetery or part thereof, whether the cemetery
exists within or outside the municipality; and
(b) land on which to establish or enlarge a cemetery.
(2) The council of a municipality may pass by-laws author- Wem
izing,
(a) the purchase of a cemetery or part thereof that is
situated within the municipality;
(b) the acquisition of land within the municipality or in
an adjacent township or unorganized territory for a
cemetery or for the enlargement of an existing
cemetery owned by the municipality; or
(c) the sale, transfer or lease of a cemetery or part
thereof.
82. — (1) If there is an appeal under this Act to the Tribunal
Tribunal, it shall appoint a time for and hold a hearing.
(2) After holding a hearing, the Tribunal may by order Order
direct the Registrar to take an intended action or to refrain
from taking an action or to take such action as the Tribunal
considers that the Registrar ought to take and for such pur-
poses the Tribunal may substitute its opinion for that of the
Registrar.
(3) The Tribunal may attach such conditions to its order or Conditions
to the licence as it considers proper to give effect to the pur-
poses of this Act.
(4) The Registrar, the applicant or Hcensee who has Ponies
required the hearing and such other persons as the Tribunal
may specify are parties to proceedings before the Tribunal
under this Act.
83. — (1) A notice, order or other document under this Service
Act or the regulations is sufficiently given, served or delivered
if delivered personally or sent by first class mail addressed to
the person to whom it is to be given, served or delivered at
that person's last known address.
(2) A notice, order or other document sent by first class
mail in accordance with subsection (1) shall be deemed to be
given, served or delivered on the fifth day after the day of
mailing, unless the person to whom it is sent establishes that
the notice, order or other document was not received until a
Idem
42
Bill 31
CEMETERIES
1989
Stay
R.S.O.
c. 274
1980,
later date because of absence, accident, illness or other cause
beyond that person's control.
84. Despite the fact that a licensee appeals from an order
of the Tribunal under section 11 of the Ministry of Consumer
and Commercial Relations Act, the order takes effect immedi-
ately but the Tribunal may grant a stay until the disposition of
the appeal.
Surrender of g5, xhc Registrar may, at any time, cancel a licence upon
the written request of the licensee and the surrender of the
licence by the licensee.
Transition
Idem
Idem
Idem
Idem
Idem
86. — (1) An approval given under the Cemeteries Act,
being chapter 59 of the Revised Statutes of Ontario, 1980,
shall be deemed to be a consent given under this Act.
(2) Every person who is an owner on the day this Act
comes into force shall be deemed to be licensed under this
Act to own the cemetery or crematorium.
(3) Every person who was employed as a sales representa-
tive selling interment rights, cemetery supplies or cemetery
services on the day this Act comes into force shall be deemed
to be licensed as a sales representative under this Act repre-
senting the owner employing that person.
(4) Subject to subsection (5), subsections (2) and (3) cease
to apply one year after this Act comes into force.
(5) If a person who is deemed, under subsection (2) or (3),
to be licensed under this Act applies for a comparable licence
under this Act within one year after this Act comes into force,
the deemed licence remains in force until the application is
finally disposed of.
(6) Funds set up under the Cemeteries Act, being chapter 59
of the Revised Statutes of Ontario, 1980, for.
(a) perpetual care shall be deemed to be a Care and
Maintenance Fund; and
(b) pre-need supplies or services shall be deemed to be
a Pre-need Assurance Fund.
Act prevails gy. x^is Act prevails over Part VI of the Ontario Heritage
Act, being chapter 337 of the Revised Statutes of Ontario,
1980.
1989 CEMETERIES Bill 31 43
88. Section 1 of The Toronto General Burying Grounds Act,
1977, being chapter 110, is repealed and the following substi-
tuted therefor:
1. The Trustees of the Toronto General Burying Grounds Po^er to
may, in addition to its existing powers to acquire and hold ^^°^^^^^ '^"'^
land, acquire and hold land and may exercise all its corporate
powers with reference thereto.
89. The Cemeteries Act, being chapter 59 of the Revised Repeal
Statutes of Ontario, 1980, is repealed.
90. This Act comes into force on a day to be named by Commence-
proclamation of the Lieutenant Governor. '"^"^
91. The short title of this Act is the Cemeteries Act, 1989. short title
Bill 31
2nd session, 34th LEGISLATURE, ONTARIO
38 ELIZABETH II, 1989
Bill 31
(Chapter 50
Statutes of Ontario, 1989)
An Act to revise the Cemeteries Act
The Hon. G. Sorbara
Minister of Consumer and Commercial Relations
1st Reading
2nd Reading
3rd Reading
Royal Assent
June 12th, 1989
June 21st, 1989
October 16th, 1989
October 16th, 1989
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
Bill 31 1989
An Act to revise the Cemeteries Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. In this Act, Definitions
"burial site" means land containing human remains that has
not been approved or consented to as a cemetery in accor-
dance with this Act or a predecessor of this Act;
"by-laws", when used in relation to a cemetery, means the
rules under which a cemetery or crematorium is operated;
"cemetery" means land set aside to be used for the interment
of human remains and includes a mausoleum, columbarium
or other structure intended for the interment of human
remains;
"cemetery services" means,
(a) in respect of a lot,
(i) opening and closing of a grave,
(ii) interring or disinterring human remains,
(iii) providing temporary storage in a receiving
vault,
(iv) construction of a foundation for a marker,
(v) setting of corner posts,
(vi) providing,
(A) a tent or canopy,
(B) carrying and lowering devices, and
Bill 31 CEMETERIES 1989
(C) ground cover,
for an interment service, and
(vii) preparing flower beds and planting flowers
and shrubs,
(b) in respect of a crypt or compartment in a mauso-
leum,
(i) opening, closing and sealing of the crypt or
compartment,
(ii) providing temporary storage in a vault or
crypt,
(iii) providing a tent or canopy for an interment
service, and
(iv) providing elevating devices,
(c) in respect of a niche or compartment in a colum-
barium,
(i) opening, closing and seaUng of the niche or
compartment, and
(ii) providing a tent or canopy for an interment
service,
(d) in respect of a crematorium, all services provided by
the owner of the crematorium at the crematorium,
and
(e) in respect of a cemetery, such other services as ard
provided by the owner of the cemetery at the
cemetery;
"cemetery supplies" includes interment vaults, markers, flow-
ers, liners, urns, shrubs and artificial wreaths and other
articles intended to be placed in a cemetery;
"columbarium" means a structure designed for the purpose of
interring cremated human remains in sealed compartments;
"commercial cemetery" means a cemetery operated for the
purpose of making a profit for the owner;
1989 CEMETERIES Bill 31 3
"crematorium" means a building fitted with appliances for the
purpose of cremating human remains and includes every-
thing incidental and ancillary thereto;
"Director" means a Director appointed under the Ministry of R s.o. i980,
Consumer and Commercial Relations Act; ^' ^'^'^
"equity share" means a share of a class of shares that carries a
voting right either under all circumstances or under some
circumstances that have occurred and are continuing;
"human remains" means a dead human body and includes a
cremated human body;
"income" means the interest or money earned, including the
compounding thereof, by the investment of funds;
"inter" means the burial of human remains and includes the
placing of human remains in a lot;
"interment rights" includes the right to require or direct the
interment of human remains in a lot;
"interment rights holder" means a person with interment
rights with respect to a lot and includes a purchaser of
interment rights under the Cemeteries Act, being chapter 59
of the Revised Statutes of Ontario, 1980, or a predecessor
of that Act;
"land registry office" means the land registry office or the
land titles office in the area in which a cemetery is located;
"lot" means an area of land in a cemetery containing, or set
aside to contain, human remains and includes a tomb, crypt
or compartment in a mausoleum and a niche or compart-
ment in a columbarium;
"marker" means any monument, tombstone, plaque, head-
stone, cornerstone, or other structure or ornament affixed
to or intended to be affixed to a burial lot, mausoleum
crypt, columbarium niche or other structure or place
intended for the deposit of human remains;
"mausoleum" means a building or structure, other than a
columbarium, used as a place for the interment of the
human remains in sealed crypts or compartments;
"Minister" means the Minister of Consumer and Commercial
Relations;
Bill 31
CEMETERIES
1989
"municipality" means the corporation or other entity having
municipal jurisdiction in the area in which a cemetery is
located and includes a police village, city, town, village,
township or improvement district or the council thereof;
"owner" means an owner of a cemetery or a crematorium;
"person" includes a board of trustees, local council of a
municipality or other organization or group of persons
organized for the purpose of operating or managing a
cemetery;
"plot" means two or more lots in which the rights to inter
have been sold as a unit;
"pre-need supplies or services" means cemetery supplies or
services that are not required to be provided until the death
of a person alive at the time the arrangements are made;
"prescribed" means prescribed by the regulations made under
this Act;
"Registrar" means the Registrar appointed under this Act;
"sales representative" means,
(a) a person who sells or offers for sale interment rights
or cemetery supplies or services on behalf of a com-
mercial cemetery, or
(b) a person whose primary employment is selling inter-
ment rights or cemetery supplies or services;
"Tribunal" means The Commercial Registration Appeal
Tribunal;
"trust fund" means a trust fund established for the purpose of
this Act.
CONSENT TO ESTABLISH CEMETERY OR CREMATORIUM
Consent for
cemetery,
etc.
Application
for consent
2. No person shall establish, alter or increase the capacity
of a cemetery or crematorium without the consent of the
Registrar,
3, — (1) An applicant for consent shall apply to the
Registrar and.
(a) pay the prescribed fee;
1989
CEMETERIES
Bill 31
(b) submit the prescribed documents showing the layout
of the cemetery and the location of existing or pro-
posed plots, lots, structures and fixtures; and
(c) if the applicant is the owner of a commercial ceme-
tery or a cemetery of a class prescribed for the pur-
pose of this clause, pay a deposit in a prescribed
amount into a Care and Maintenance Fund.
(2) If the cemetery or crematorium is proposed to be estab- Approval
lished or already exists in an area with municipal organization, ^^'^^"^
the applicant, before applying for the consent of the Regis-
trar, must obtain the approval to the proposal of the appro-
priate municipality.
(3) If the cemetery or crematorium is to be established or idem
enlarged to encroach on land, in an area without municipal
organization, that is Crown land at the time of the application
for consent, the applicant, before applying for the consent of
the Registrar, must obtain the approval to the proposal of the
Minister of Natural Resources.
4. A municipality that receives a request for an approval ^"^'1^
required by subsection 3 (2) may hold public hearings to ®^""^^
determine if the approval is in the public interest.
5. — (1) A municipality, upon receiving a request for Decision
approval, shall give or refuse to give the approval within a
reasonable time after receiving the request.
(2) In considering a request for an approval, the principal P^^'i^
factor shall be the public interest.
(3) A municipality shall, upon arriving at a decision on an Notice of
application.
(a) send a copy of the decision together with the rea-
sons for it to the Registrar and to the applicant; and
(b) publish notice of the decision in a local newspaper.
^ (4) The applicant, Registrar or any person with an interest Appeal
therein may, within fifteen days after publication of the notice
of the decision, refer the decision of a municipality to the
Ontario Municipal Board for a hearing.
(5) Despite subsection (4), if an applicant or the Registrar ''lem
does not receive a copy of a decision until after the decision is
pubhshed, the fifteen days referred to in subsection (4) apply
Bill 31
CEMETERIES
1989
Repre-
sentation
Board
decision
Idem
after the applicant or Registrar, as the case may be, receives
the copy.
(6) The Registrar is entitled to make representations to the
Ontario Municipal Board in any appeal under subsection (4).
6. — (1) The Ontario Municipal Board may reverse the
decision appealed from and substitute its own decision.
(2) A decision of the Board that is substituted under sub-
section (1) shall be deemed to be the decision of the munici-
pality.
Certificate of 7. — (J) xhc Registrar shall give a certificate of consent to
"'"^^^ the establishment, aheration or increase in the capacity of a
cemetery or crematorium, as the case may be, if,
(a) the applicant has the approval of the municipality or
the Minister of Natural Resources;
1
(b) the applicant is licensed to own that cemetery and is
and will be on the granting of the licence in compli-
ance with the requirements of this Act and the regu-
lations and the laws intended for the protection o^
the environment and of health; and
Notice of
refusal to
issue
Appeal
(c) where neither approval referred to in clause (a) is
required, the Registrar is satisfied that the consent
is in the public interest.
(2) The Registrar, on refusing to give a certificate of con-
sent, shall advise the applicant, in writing, of,
(a) the reason for the refusal; and
(b) the applicant's right to appeal.
(3) An applicant who receives a notice under subsection (2)
may appeal to the Tribunal within fifteen days after receiving
the notice.
Order by
Tribunal
(4) If the Tribunal finds that the applicant is in compliance
with clauses (1) (a) and (b) or that giving the consent is in the
public interest, as the case may be, the Tribunal shall order
the Registrar to issue the certificate of consent applied for or
a consent in a modified version.
Idem
(5) upon receiving an order under subsection (4), the Reg-
istrar shall issue the certificate as ordered.
1989 CEMETERIES Bill 31 1
(6) A certificate of consent shall contain a sufficient Registration
description of the cemetery or crematorium so that the certifi-
cate may be registered in the appropriate land registry office.
(7) Upon registration of a certificate of consent, the land Eff?ct of
described therein becomes a cemetery. registration
CLOSING CEMETERY
8. — (1) In this section and in sections 9, 10, 11, 12 and 13, closing
a reference to a cemetery includes any part of a cemetery. cemetery
(2) The Registrar may order a cemetery closed if the clos- Wem
ing is in the public interest.
(3) An order shall not be made under subsection (2) until. Notice
(a) notice of the intention to make the order is given in
the manner and to the persons prescribed; and
(b) interested persons are given the opportunity to
make submissions to the Registrar within such time
as is prescribed.
(4) Notice is not required if, idem
(a) the request is from the owner;
(b) no interments have been made in the cemetery to
be closed; and
(c) the consent of all affected interment rights holders
has been obtained.
9. — (1) In an order to close a cemetery, the Registrar Order
may,
(a) declare a cemetery or a portion thereof closed;
(b) require the owner to disinter all human remains
therein and specify the manner of disinterment and
the manner and place of reinterring or dealing with
the remains;
(c) require the owner to remove any markers and relo-
cate them to a specified place; and
(d) require the owner to provide or acquire equivalent
interment rights for all holders of interment rights
with respect to unused lots in the cemetery.
Bill 31
CEMETERIES
1989
Substitution
Notice
Coming into
force
(2) In an order to close a cemetery, the Registrar may des-
ignate another person to do anything that the owner may be
required to do.
(3) The Registrar shall give every person who made a sub-
mission notice of the order and at the same time advise the
person of the right of appeal.
(4) Subject to subsection (5), an order to close a cemetery
comes into force thirty days after it is made unless there is an
appeal filed before the order comes into force or the order
sets out a later date.
Idem
Idem
Appeal
(5) If submissions were made in respect of the order, the
order comes into force thirty days after notice has been given
to each person who made a submission unless there is an
appeal filed before the order comes into force or the order
sets out a later date.
(6) An order that is appealed comes into force upon being
upheld by the Tribunal.
10. A person with an interest therein may appeal, to the
Tribunal,
Certificate
Idem
Registration
Effect of
registration
(a) an order to close a cemetery any time before the
order comes into force; or
(b) a refusal to order a cemetery closed.
11. — (1) The Registrar, upon being satisfied that the
requirements in an order to close a cemetery have been com-
plied with, shall issue a certificate, with a legal description of
the land involved, that the cemetery is closed.
(2) Despite subsection (1), an applicant therefor is entitled
to a certificate that a cemetery is closed if the cemetery had
been closed by the Lieutenant Governor in Council but a cer-
tificate issued under subsection 59 (7) of the Cemeteries Act,
being chapter 59 of the Revised Statutes of Ontario, 1980, or
a predecessor of that subsection has not been registered.
(3) A certificate issued under this section may be registered
in the appropriate land registry office.
(4) Upon registration of a certificate of closing, the land
described therein ceases to be a cemetery.
Maintenance 12. — (1) Where any money has been paid into a care and
maintenance fund with respect to a cemetery that is to be
1989
CEMETERIES
Bill 31
closed, the Registrar shall direct that money to be transferred
to the trustee of the fund maintained by the owner of the
cemetery into which the human remains are to be reinterred
or where the interment rights are to be exercised,
(2) The amount transferred under subsection (1) is a credit
against the amount required to be paid into the fund by the
owner of the cemetery into which the human remains are to
be reinterred or where the interment rights are to be exer-
cised.
Idem
13. Where any money has been paid into a pre-need Pre-need
assurance fund with respect to interment rights in a cemetery S'^^"'^^
that is to be closed, the Registrar shall direct that money to be
paid to the trustee of the fund maintained by the owner of the
cemetery where alternative interment rights have been made
available for the holders of interment rights in the cemetery to
be closed.
LICENCES
14. No person shall own a cemetery or crematorium unless Licence
licensed under this Act to own that cemetery or crematorium.
required
15. — (1) A person may apply to the Registrar for a licence Licence to
. X • own
to own a cemetery or crematorium.
(2) An applicant is entitled to a licence except if,
(a) the applicant cannot reasonably be expected to be
financially responsible in the operation of a ceme-
tery or crematorium;
(b) the past or present conduct of the persons referred
to in subsection (3) affords reasonable grounds for
belief that the applicant will not operate in accord-
ance with the law and with integrity and honesty;
(c) the applicant or managing employees of the appH-
cant do not have the experience and competence
required to manage the cemetery or crematorium in
accordance with the law;
(d) the applicant is carrying on activities that are, or
will be if the applicant is licensed, in contravention
of this Act or the regulations;
(e) the applicant will, if licensed, be carrying on activi-
ties under this Act that are in contravention of
another Act or a municipal by-law;
Requirements
10
Bill 31
CEMETERIES
1989
(f) the applicant is unable to provide the resources and
facilities required to manage a cemetery or cremato-
rium; or
(g) the applicant or an employee or agent of the appli-
cant has made a false statement or provided false
information in an application for a licence.
Idem
(3) Clause (2) (b) applies to the following persons:
1. The applicant.
2. An officer or director of the applicant.
3. A person holding more than 10 per cent of the
equity shares of the applicant or an officer or direc-
tor of such person.
4. Any person having a beneficial interest in the oper-
ation of the business of the applicant or licensee.
Issue of
licence
(4) The Registrar shall issue a licence to own an identified
cemetery or crematorium to an applicant therefor who pays
the prescribed fee, complies with the regulations and is not
disentitled under subsection (2).
Conditions (5) A Uccnce is subject to such conditions as may be con-
£nJS"^^° sented to by the applicant, imposed by the Tribunal or
prescribed.
Notice
Appeal
(6) If the Registrar intends to refuse to issue a licence, the
Registrar shall give the applicant notice of and reasons for the
intention and, at the same time, advise the applicant of the
right to appeal.
(7) An applicant who receives a notice under subsection (6)
may appeal the intended refusal to the Tribunal within fifteen
days after receiving the notice.
Refusal to (g) jf no appeal is filed under subsection (7), the Registrar
issue licence ^^^ rcfusc to issuc the liccnce applied for.
Revocation j^, — (1) Xhc Registrar may revoke or refuse to renew a
Hcence ^"^ * liccncc to owu a Cemetery or a crematorium if.
(a) the conduct or situation of the licensee is such as to
disentitle the licensee from being granted a licence;
1989
CEMETERIES
Bill 31
11
(b) where the licensee is a corporation, the share-
holders of the corporation have changed in the
manner and to the extent prescribed; or
(c) the Registrar has reasonable and probable grounds
to believe that the continued operation of the ceme-
tery or crematorium by the licensee,
(i) creates a risk to public health, safety or
decency, or
(ii) will result in a financial loss by members of
the public because provisions of this Act or
the regulations are not being complied with.
(2) If the Registrar intends to revoke or to refuse to renew Notice
licence, the Registrar shall give the licensee notice of and
reasons for the intention and, at the same time, advise the
licensee of the right to appeal.
(3) Any licensee who receives a notice under subsection (2) Appeal
may appeal the intended revocation or refusal to the Tribunal
within fifteen days after receiving the notice.
(4) If an appeal has been filed under subsection (3), the Delay
Registrar shall not revoke the licence unless the Tribunal
determines that the licence should be revoked.
(5) If no appeal is filed under subsection (3), the Registrar where no
may revoke the licence after the time for appeal has expired. ""~"
appeal
(6) Section 14 does not apply to an owner whose licence is Exception to
revoked so long as the Registrar is satisfied that the owner is requSent
making reasonable efforts to sell the cemetery or
crematorium.
17. — (1) The Director may appoint a manager to operate a Appointment
cemetery or crematorium in the place of the owner if,
(a) the Director has reasonable and probable grounds,
based on a statement under oath, to believe that the
owner is doing or is about to do something in the
operation of the cemetery or crematorium that,
(i) creates or is likely to create a risk to public
health, safety or decency, or
(ii) is causing or is likely to cause financial loss to
members of the public; or
of manager
12
Bill 31
CEMETERIES
1989
Powers of
manager
(b) the owner's licence is revoked.
(2) A manager appointed under subsection (1) has all the
powers of the owner with respect to the operation of the cem-
etery or crematorium including the power to exclude the
owner and, if the owner is a corporation, the directors or
officers of the corporation, from the premises of the business.
Effect of
appointment
(3) From the appointment of a manager under subsection
(1) until the appointment is cancelled, the owner being
replaced does not have the authority to deal with any assets or
trust funds relating to the cemetery or crematorium and shall
not be involved in the operation of the cemetery or crema-
torium.
Appeal (4) Any person affected by an appointment of a manager
may apply to a judge of the Supreme Court for an order can-
celUng the appointment and the order may include such direc-
tions and conditions as seem appropriate.
Selling
interment
rights
18. — (1) No person shall sell interment rights unless that
person does so as an agent acting on behalf of a licensed
owner.
Selling
supplies, etc.
(2) No person shall act as a sales representative on behalf
of an owner unless that person is licensed as a sales represent-
ative and represents an owner specified in the sales represent-
ative's licence.
Exception for (3) Subscctious (1) and (2) do not apply to preclude a
person licensed as an owner from seUing rights, services or
supplies to be used in or provided at a cemetery or cremato-
rium owned by that person.
Licence to
sell
Requirements
for licence
19. — (1) An individual may apply to the Registrar for a
licence to act as a sales representative on behalf of an owner.
(2) An applicant is entitled to a licence except if,
(a) the past or present conduct of the applicant affords
reasonable and probable grounds for believing that
the applicant will not carry on business in accord-
ance with the law and with integrity and honesty;
(b) the applicant, in receiving the licence, would be in a
position of apparent conflict of interest;
(c) the applicant does not have a position with a
licensed owner or a commitment to be hired by a
licensed owner upon receiving a licence; or
1989
CEMETERIES
Bill 31
13
(d) the applicant has made a false statement or pro-
vided false information in an application for a
licence.
(3) A conviction for an offence that involves misrepresenta- Past conduct
Hon or a lack of integrity or honesty is evidence, in the
absence of evidence to the contrary, that the person convicted
will not carry on business in accordance with the law and with
integrity and honesty within the meaning of clause (2) (a).
(4) An applicant's intention to work for more than one Conflict of
owner is evidence, in the absence of evidence to the contrary, '"^^"^^^^
of an apparent conflict of interest.
(5) The Registrar shall issue a licence to act as a sales rep- ^^sue of
resentative to every applicant therefor who pays the pre- ^^'^^^
scribed fee, complies with the regulations and is not disen-
titled under subsection (2).
(6) A licence is subject to such conditions as may be con- Conditions
sented to by the licensee, imposed by the Tribunal or pre- EJe"^ ^°
scribed.
(7) If the Registrar intends to refuse to issue a licence, the Notice
Registrar shall give the applicant notice of and reasons for the
intention and, at the same time, advise the applicant of the
right to appeal.
(8) An applicant who receives a notice under subsection (7) Appeal
may appeal the intended refusal to the Tribunal within fifteen
days after receiving the notice.
(9) If no appeal is filed under subsection (8), the Registrar Refusal to
_ j*_ . * .ti !• issue licence
may refuse to issue the licence.
20. — (1) The Registrar may revoke, suspend or refuse to Revoking,
renew a sales representative's licence if the conduct or situa- Sslng'to °^
tion of the licensee is such as to disentitle the licensee from ^new sales
being granted a licence. '"^^"'^^
(2) If the Registrar intends to revoke, suspend or refuse to Notice
renew a licence, the Registrar shall give the licensee notice of
and reasons for the intention and, at the same time, advise the
licensee of the right to appeal.
(3) If there are grounds to suspend a licence and the Regis-
trar considers it to be in the public interest that the licence be
suspended immediately, the Registrar may, by order, suspend
a sales representative's licence with the order taking effect
when it is made.
Immediate
suspension
14
Bill 31
CEMETERIES
1989
Idem
Appeal
Idem
Delay
Where no
appeal
Application
Idem
(4) An immediate suspension expires fifteen days after it is
appealed to the Tribunal unless, before the fifteen days
expire, the Tribunal extends the suspension.
(5) Any licensee who receives a notice under subsection (2)
may appeal the intended revocation or suspension to the
Tribunal within fifteen days after receiving the notice.
(6) Any licensee whose licence is suspended under sub-
section (3) may appeal the suspension to the Tribunal.
(7) If an appeal has been filed under subsection (5), the
Registrar shall not revoke or suspend the licence unless the
Tribunal determines that the licence should be revoked or sus-
pended.
(8) If no appeal is filed under subsection (5), the Registrar
may revoke or suspend the licence after the time for appeal
has expired.
21. — (1) A person who is refused a licence or a renewal of
a licence under this Act may apply for a licence only after one
year has passed since the refusal.
(2) A person whose licence is revoked under this Act may
apply for a licence only after one year has passed since the
revocation.
Continuation 22. The liccnce of a licensee who has applied for a
renewal of the licence continues until,
(a) the renewal is granted; or
(b) if the licensee is served with a notice that the Regis-
trar intends to refuse to renew, the time for appeal
has expired or, if an appeal is required, the matter
has been finally determined.
CONSUMER PROTECTION
Interment
rights
Idem
Idem
23. — (1) An interment rights holder may require, by writ-
ten demand, the owner to repurchase the rights at any time
before they are used.
(2) Every owner who receives a demand made under sub-
section (1) shall repurchase the interment rights within thirty
days after receiving the demand.
(3) The repurchase price of interment rights shall be deter-
mined in the prescribed manner.
m9
CEMETERIES
Bill 31
15
(4) An interment rights holder or the personal representa-
tive of the holder has the right to inter any human remains in
a lot or other facility approved under this Act in accordance
with the by-laws governing the facility.
Idem
(5) An interment rights holder or the personal representa-
tive of the holder may erect a commemorative marker on a lot
or other receptacle for human remains if the erection of the
marker is not in contravention of the by-laws governing the
facility.
Idem
(6) Every person has the right to reasonable access to a lot i^em
at any time except as prohibited by the by-laws governing the
facility.
(7) An interment rights holder and the relatives of any per- Wem
son whose remains are interred in a cemetery have the right to
decorate the appropriate lot if the decoration is not in contra-
vention of the by-laws governing the facility.
(8) Subsection (1) does not apply to require repurchase of Exception
interment rights in a plot in which any interment rights have
been exercised.
24. — (1) A purchaser of pre-need supplies or services from Pre-need
, , ... .^' 1 .^1 .^1 services or
an owner may cancel, by written notice to the owner, the con- supplies
tract to purchase at any time before the services or the sup-
plies are provided or if the owner contravenes subsection (5).
(2) Subsection (1) or (5) does not apply if the supplies or w^m
services are provided within thirty days after the contract is
made because of the death of the person for whom the sup-
plies or services were contracted.
(3) Subject to subsection (4), an owner who receives a Wem
notice that a contract is cancelled under this section shall
refund to the purchaser all money, together with all income
thereon, received under the contract within thirty days after
receiving the notice.
(4) An owner to whom this section applies may retain a w^m
service fee determined in the prescribed manner unless the
contract is cancelled within thirty days after it is made.
(5) No owner shall provide pre-need supplies or services Prohibition
under a contract within the thirty-day period immediately
following the day the contract is made.
16
Bill 31
CEMETERIES
1989
Application (5) jhig scction applies to contracts for pre-need supplies
or services whether the contracts were made before or after
this section comes into force.
Contract
requirements
25. — (1) A contract for the purchase of interment rights or
cemetery supplies or services is not enforceable by an owner
unless,
(a) it is written, signed by both parties and complies
with the regulations;
(b) it sets out the purchaser's cancellation rights under
this Act and whether or not cemetery supplies or
services are to be provided before the death of the
person for whom they are contracted;
(c) the owner comphes with subsections (2) and (3);
and
(d) the owner delivers a signed copy of the contract to
the purchaser at the time the contract is made.
(2) An owner who sells interment rights must deliver to the
purchaser at the time the contract is made a copy of the
by-laws of the cemetery and a certificate of interment rights.
(3) An owner who sells pre-need supplies or services must
set out in the contract exactly what the supplies or services are
and the price charged for them.
Refund with (4) ^jj owncr who rcccives money under a contract that is
interest
not enforceable because of the application of this section shall
refund to the purchaser, immediately upon written demand,
with interest at the prescribed rate, all money received.
Idem
Idem
Idem
(5) Subsection (4) applies even though the owner has paid
the money into a trust fund that is not accessible to the
owner.
Exception ^^j Subscction (4) docs not apply, in the case of interment
rights, after the rights are used or, in the case of cemetery
supplies or services, after the supplies or services are pro-
vided.
Public
information
Price list
26, Every owner shall make such information as is
prescribed available to the public in the manner and form
prescribed.
27. — (1) Every owner shall file with the Registrar a price
list of all interment rights and cemetery services and supplies
1989
CEMETERIES
Bill 31
17
that may be sold and all charges that may be made by that
owner.
(2) No owner shall charge or collect or receive money for I'lem
iterment rights or cemetery supplies or services that is more
than the price for the rights, supplies or services filed by the
owner with the Registrar and not disallowed.
(3) The Registrar, upon receiving a price list, may disallow. Approval of
within thirty days after the list is filed, any price that, in the
opinion of the Registrar, is excessive or significantly higher
than current market price for the supplies, services or rights
within the applicable area.
(4) The Registrar shall give immediate written notice to the Notice of
owner who filed the price list of any price on the list that is '^^ o^ance
disallowed and, in the notice, shall give the reasons for the
disallowance.
(5) If the Registrar disallows a price on a price hst, the Appeal
owner who filed the list may appeal the disallowance to the
Tribunal.
(6) An owner who has charged any person a price that is Repayment
disallowed by the Registrar shall pay, forthwith, to that per-
son the difference between the price charged and the price
allowed.
28. — (1) If the Registrar believes, on reasonable and prob- Advertising
able grounds, that any person licensed under this Act has
made a false or misleading public representation or a repre-
sentation that is in contravention of this Act or the regu-
lations, the Registrar shall order that person to stop making
the representation and, in the order, shall set out the reasons
for the order.
(2) A person who receives an order under subsection (1) J??^P'Jj"f
shall immediately comply with the order and shall refrain from
making the representation, in any form, in the future.
(3) Any person who receives an order under subsection (1) Appeal
may appeal the order to the Tribunal.
(4) The Tribunal may issue a stay of any order made by the stay of order
Registrar under subsection (1).
29. — (1) No person shall contact, in any way, a person in ^^^^jjjj|j
a hospital, nursing home or such other institution as is pre- p™ * ' ^
scribed for the purpose of suggesting that a contract for the
18
Bill 31
CEMETERIES
1989
purchase of interment rights or cemetery supplies or services
be made.
Idem
(2) No person shall contact, by telephone or in person, a
person for the purpose of suggesting that a contract for the
purchase of interment rights or cemetery supplies or services
be made.
Exception
Regulations
Abandoned
interment
rights
Idem
Inquiry
Declaration
Notice
(3) This section does not prohibit any contact made at the
request of the person being contacted.
(4) The Lieutenant Governor in Council may make regu-
lations defining "contract" for the purpose of this section.
30. — (1) A cemetery owner may apply to the Registrar for
a declaration that interment rights are abandoned.
(2) An application may be made under subsection (1) only
in respect of interment rights that had been sold at least
twenty years before the application and have not been used.
(3) The Registrar, on receiving an application under sub-
section (1), shall make such inquiry and direct the applicant to
give such notices as seem reasonable in the circumstances.
(4) Upon being satisfied that the rights are abandoned, the
Registrar shall issue a declaration to that effect.
(5) The Registrar shall give notice of the declaration or the
decision to not make the declaration to the applicant and to
every person who has indicated to the Registrar an interest in
the matter.
Appeal (5) Any person who has an interest in the matter may
appeal the decision of the Registrar to the Tribunal within
thirty days after notice of the decision is given under sub-
section (5).
Right to sell jj, A Cemetery owner may resell interment rights that
abandoned i i j i j l j j
rights have been declared abandoned,
(a) if there is no appeal, at the end of the time for
appeal; or
(b) if there is an appeal, when the appeal has been
finally determined supporting the declaration.
Rights
holder's
protection
32. — (1) Any person whose interment rights have been
resold after being declared abandoned may apply to the
Registrar for redress.
1989
CEMETERIES
Bill 31
19
(2) The Registrar, upon receiving an application under sub- I'^em
section (1), shall order the cemetery owner or the owner's
successor, as the case may be, to provide, subject to sub-
section (6), better or equivalent interment rights in that ceme-
tery or to refund an amount determined as prescribed.
(3) Any person whose interment rights have been declared I'lem
abandoned but have not been resold may apply to the Regis-
trar to have those rights restored.
(4) The Registrar, upon receiving an application under sub- wem
section (3), shall order that the declaration be cancelled and
that the rights be restored to the person entitled thereto.
(5) This section does not apply in respect of interment Exception
rights in cemeteries that are abandoned.
(6) If the cemetery referred to in subsection (2) is one in Wem
which interment rights are not available but the owner owns a
cemetery in which interment rights are available, the applicant
shall be given the option of accepting better or equivalent
interment rights in that cemetery.
33. — (1) If a marker has been erected on a lot that is the Markers
subject-matter of a declaration of abandonment, the cemetery
owner shall remove and store it at the owner's expense for at
least twenty years.
(2) If an order is made under subsection 32 (2) to provide w^m
alternate interment rights, the cemetery owner shall re-erect
the marker at the new site at the owner's expense.
(3) If subsection (2) does not apply, the cemetery owner I'lem
may dispose of the marker at the expiration of the twenty-
year period.
34. — (1) A cemetery owner who has available space shall Assisted
provide, upon receiving a written instruction from a welfare cemetery
administrator,
(a) a lot for the interment of the remains of any person
referred to in the instruction;
(b) opening and closing services in conjunction with the
interment; and
(c) such other related services as are prescribed.
(2) A crematorium owner shall provide, upon receiving a Crematorium
written instruction from a welfare administrator.
20
Bill 31
CEMETERIES
1989
(a) a crematorium service for the remains of any person
referred to in the instruction; and
(b) such other related services as are prescribed.
Exception (3) Subscctions (1) and (2) do not apply to require a reli-
gious organization to inter or cremate the remains of a person
who is disentitled to burial or cremation in a cemetery or
crematorium owned by that organization.
Payment (4) ^u owner who provides a service under this section is
entitled to be paid the prescribed amount for the service by
the welfare administrator.
Welfare
administrator
(5) The Lieutenant Governor in Council may make regu-
lations defining "welfare administrator" for the purpose of
this section and designating persons by title or job description
who are considered welfare administrators for this purpose.
TRUST FUNDS
Care and
maintenance
trust funds
1987, c. 33
Payments
into fund
35. — (1) Every cemetery owner who sells, assigns or trans-
fers interment rights shall establish with a corporation reg-
istered under the Loan and Trust Corporations Act, 1987, with
that corporation as trustee, a trust fund designated the "Care
and Maintenance Fund" for the purpose of providing money
for the care and maintenance of the cemetery.
(2) An owner who is required to establish a fund under this
section shall pay into the fund prescribed amounts within the
prescribed times.
Payments out
of fund
Use of
money
Capital
portion
Idem
(3) A trustee of a fund established under this section shall
pay the income from the fund, after deducting therefrom the
trustee's fees, to the owner of the cemetery involved.
(4) An owner receiving money pursuant to subsection (3)
shall use the money for the upkeep of the cemetery and the
markers and structures therein in the prescribed manner.
(5) No trustee of a fund established under this section shall
pay out any of the capital portion of the fund.
(6) Subsection (5) does not apply to preclude a trustee from
transferring the fund, with the consent of the Registrar, to
another trustee.
Municipal
owners
(7) Despite subsection (1), an owner that is a municipality
may act as the trustee of a Care and Maintenance Fund estab-
lished by that municipality.
1989
CEMETERIES
Bill 31
21
36. — (1) Every owner who sells pre-need cemetery sup-
plies or services shall estabUsh with a corporation registered
under the Loan and Trust Corporations Act, 1987, with that
corporation as trustee, a trust fund designated as the "Pre-
need Assurance Fund".
Pre-need
assurance
trust funds
1987, c. 33
(2) Subsection (1) applies to an owner in respect of sales I'^em
made by a person that the owner is associated or affiliated
with in a manner that is prescribed.
(3) An owner who is required to establish a fund under this Payments
section shall pay into the fund all money received for pre-need
suppUes or services within the prescribed times.
(4) A trustee of a fund established under this section shall Trust funds
hold all money received for the benefit of the purchaser until
that portion of the contract in respect of which the money was
paid is completed.
(5) When a portion of a contract is completed, the trustee ^^^^
shall pay to the owner the lesser of,
(a) the current market price filed with the Registrar for
the supplies or services; or
(b) an amount equal to the payments made for the sup-
plies or services together with income accrued on
those payments.
(6) If the amount referred to in clause (5) (b) exceeds the idem
price referred to in clause (5) (a), the trustee shall pay the
amount of the excess to the owner.
(7) If a contract in respect of which money is held in the ^"""".j^j ^
trust fund is cancelled, the trustee shall pay, to the owner, the
amount of the initial payments together with income accrued
on that amount.
(8) Subject to subsection 24 (4) (retention of service fee), ^2^"^/°
an owner who receives a payment under subsection (7) shall ^^^^ ^^^'^
pay the amount to the purchaser involved within twenty days
after receiving the payment.
(9) An owner who receives a payment under subsection (6) ^^^^
shall pay the amount to the purchaser or, if an interment has
taken place, to the estate of the person interred within twenty
days after receiving the payment.
22
Bill 31
CEMETERIES
1989
Municipal
owners
Restrictions
on trust
agreements
R.S.O. 1980,
c. 512
Marker
installation
Payment into
fund
Idem
Trust funds
held by
owner
R.S.O. 1980,
c. 102
1987, c. 33
Idem
Providing
information,
etc.
(10) Despite subsection (1), an owner that is a municipality
may act as the trustee of a Pre-need Assurance Fund estab-
lished by that municipality.
37. No investment of money in a trust established pur-
suant to this Act shall be made except as permitted under the
Trustee Act.
38. — (1) Every person installing a marker in a cemetery
shall pay to the cemetery owner the prescribed amount.
(2) An owner receiving money pursuant to subsection (1)
shall pay the money into the Care and Maintenance Fund
established for that cemetery.
(3) An owner who does not receive payment under
subsection (1) for a marker shall pay into the Care and
Maintenance Fund a prescribed amount.
39. — (1) All money received by an owner that is required
to be paid into a trust fund but that is not immediately turned
over to a trustee of a trust fund shall be deposited by the
owner in a trust account with a credit union or caisse popu-
laire registered under the Credit Unions and Caisses Popu-
laires Act, a chartered bank of Canada, the Province of
Ontario Savings Office or a trust or loan corporation reg-
istered under the Loan and Trust Corporations Act, 1987.
(2) Money deposited by an owner in a trust account under
subsection (1) shall be placed by the owner into a trust fund
or otherwise paid out in accordance with this Act or the regu-
lations within the time prescribed.
40. — (1) The Registrar or the Public Trustee may require
any owner or trustee to provide,
(a) any information on trust accounts or trust funds that
the owner or trustee is involved with; and
(b) audited financial statements on any trust account or
trust fund relating to a cemetery or crematorium
that the owner or trustee is involved with.
Idem
Surrogate
Court
(2) Every owner or trustee who receives a request pursuant
to subsection (1) shall forthwith provide all the information or
statement required or an explanation as to why it is not possi-
ble to provide the information or statement.
41. — (1) The Registrar or the Public Trustee may apply to
the Surrogate Court to pass the accounts of any trust fund.
1989
CEMETERIES
Bill 31
23
(2) The court, on passing any account, may review and pass i<iem
upon any agreement made by an owner of a cemetery or cre-
matorium.
(3) The court, on passing any account, may make any order Wem
Jhat it considers necessary to ensure that the trust is carried
It.
42. No cemetery or crematorium owner shall charge or No compen-
I receive any compensation or payment for the effort or owneV"
[expense of establishing or maintaining a trust fund.
43. — (1) Despite subsections 35 (1) and 36 (1), an owner use of Public
[who does not have a practical alternative may require the ™*^^
[Public Trustee to act as a trustee for that owner's Care and
[^Maintenance Fund or Pre-need Assurance Fund.
(2) The Registrar and the Public Trustee have an interest in interested
I all trust funds. ^^"^'^
CEMETERY AND CREMATORIUM OPERATIONS
44. — (1) Every cemetery owner shall maintain, without Maintenance
[charge to interment rights holders, the grounds of the ceme- owner"^*^'^
tery, including all lots, structures and markers, to ensure the
safety of the public and to preserve the dignity of the ceme-
tery.
(2) Despite subsection (1), an owner of a non-commercial Exception
cemetery may charge interment rights holders, at a rate
approved by the Registrar, for the maintenance of lots and
markers that were sold before 1955 if there were no trust
funds collected for that purpose.
45. No owner shall carry on business, in a manner pre- operating
scribed, in conjunction with a person licensed to operate a establishment,
funeral establishment or transfer service. etc.
46. Every cemetery owner shall ensure that all interments ^°°^ °^^^^
in the cemetery are carried out in a decent and orderly man-
ner and that quiet and good order are maintained in the ceme-
tery at all times.
47. No person shall inter human remains except in a cem-
etery that has been consented to by the Registrar and is only
owned by an owner licensed under this Act.
Interment in
cemetery
48. If a marker in a cemetery presents a risk to public ^^^^™^
safety because it is unstable, the owner of the cemetery shall
24
Bill 31
CEMETERIES
1989
Mortgage on
cemetery
do whatever is necessary by way of repairing, resetting or lay-
ing down the marker so as to remove the risk.
49. — (1) No encumbrance or charge on a cemetery or cre-
matorium is enforceable unless it was given as security for
money borrowed for,
(a) the purpose of improving the facilities provided;
(b) the purpose of acquiring land for a cemetery or cre-
matorium; or
Restriction
(c) a purpose, approved by the Registrar, relating to
the operation of the cemetery or crematorium.
(2) No encumbrancer claiming an interest in a cemetery or
crematorium may deal with the cemetery or crematorium
except in accordance with this Act.
By-laws
Owner's
by-laws
When
effective
Prescribed
by-laws
Notice of
by-laws
Approval by
Registrar
Revocation
of by-laws
Idem
Notice of
disallowance
or revocation
50. — (1) No person shall operate a cemetery or cremato-
rium except in accordance with the by-laws applying to that
cemetery or crematorium.
(2) An owner of a cemetery or crematorium may make by-
laws affecting the operation of the cemetery or crematorium.
(3) No by-law made by an owner is effective until it is filed
with and approved by the Registrar.
(4) The Lieutenant Governor in Council may make regu-
lations prescribing by-laws that apply to cemeteries or crema-
toria or to any prescribed classes of cemeteries or crematoria.
(5) An owner filing a by-law shall give such notice as is pre-
scribed to such classes of persons as are prescribed.
(6) A by-law filed with the Registrar under this section
shall be approved by the Registrar unless the approval is not
in the public interest or the effect of the by-law is to give the
owner an unreasonable or unfair competitive advantage over
another supplier of cemetery services or supplies.
(7) The Registrar may revoke any by-law that the Registrar
could have refused to approve under subsection (6).
(8) Subsection (7) applies even though the Registrar has
previously approved the by-law.
(9) If the Registrar intends to refuse to approve or revoke a
by-law, the Registrar shall give the owner notice of the inten-
1989 CEMETERIES Bill 31 25
^tion and, at the same time, advise the owner of the right to
Ippeal.
(10) An owner who receives a notice under subsection (9) Appeal
lay appeal the intended refusal or revocation to the Tribunal
dthin fifteen days after receiving the notice.
(11) If an appeal is filed against an intended revocation, the Delay in
Registrar shall not revoke the by-law unless the Tribunal '^^^°'^^*'°°
letermines that the by-law should be revoked.
(12) If no appeal is filed against an intended revocation, the where no
Registrar may revoke the by-law after the time for appeal has ^^^^^
expired.
51. — (1) Subject to subsection (2), no person shall disinter Disinterment
any human remains without,
(a) the prior consent of the interment rights holder; and
(b) notifying the proper medical officer of health.
(2) Subsection (1) does not apply to a disinterment ordered where
, ^ ii.- consent not
''y» required
(a) a court of competent jurisdiction;
(b) a coroner appointed under the Coroners Act; r.s.o. 1980,
(c) the Attorney General or Solicitor General for
Ontario; or
(d) the Registrar under section 9.
(3) For the purpose of clause (1) (a), the consent of the ^^^^
Registrar may be substituted for that of the interment rights
holder if,
(a) the whereabouts of an interment rights holder are
not known;
(b) the interment rights holder is not readily ascertaina-
ble; or
(c) the interment rights holder is not able to consent.
(4) No person shall disinter human remains except in JPj^P^'^"'^^
accordance with the regulations. regulations
26
Exception
Bill 31
CEMETERIES
1989
(5) Clause (1) (b) does not apply to the disinterment of cre-
mated human remains.
Consent of
Registrar
Notice of
intention
Objections
Idem
Conditions
for consent
Notice of
decision
Appeal
Delay
Where no
appeal
Attendance
by medical
officer
Diseases
1983, c. 10
52. — (1) The Registrar, before consenting to a disinter-
ment, shall consider whether any known person may have an
interest in the disposition of the remains and, if there may be
such a person, shall order that notice of the intention to disin-
ter be given.
(2) A notice of intention to disinter shall be given in the
manner and form set out in the order.
(3) Any person objecting to a disinterment may file a writ-
ten objection with the Registrar at any time before the con-
sent of the Registrar is given.
(4) If any person files an objection to a disinterment, the
Registrar shall determine whether that person has an interest
in the remains and, if so, shall ascertain the person's wishes.
(5) In giving a consent to a disinterment, the Registrar shall
take into account the wishes of any person with an interest in
the remains and make the consent subject to such conditions
as the Registrar considers appropriate.
(6) Notice of the Registrar's decision shall be given to the
person who applied for the consent, to any person to whom
notice is given under subsection (1) and to any person filing
an objection.
(7) A person receiving a notice under subsection (6) may
appeal, to the Tribunal, the Registrar's decision within fifteen
days after receiving the notice.
(8) If an appeal is filed under subsection (7), the Registrar
shall not consent to the disinterment unless the Tribunal
determines that the disinterment should proceed.
(9) If no appeal is filed under subsection (6), the Registrar
may consent to the disinterment after the time for appeal has
expired.
53. — (1) A medical officer of health has the authority to
attend at, supervise and direct a disinterment.
(2) If a medical officer of health determines that remains
are those of a person who died of a communicable disease
within the meaning of the Health Protection and Promotion
Act, 1983, the remains shall not be dealt with in any way
except as prescribed by the regulations made under that Act.
1989
CEMETERIES
Bill 31
27
54. No person shall remove human remains from a ceme- Certificate
tery unless a certificate of a medical officer of health or the '^^'^"''^^
cemetery owner confirming that this Act and the regulations
have been complied with is affixed to the container.
55. A burial certificate under the Vital Statistics Act is not R s.o. i980,
required to reinter human remains that have been disinterred does not
in accordance with this Act and the regulations.
apply
56. — (1) No person shall cremate human remains except Cremation
in a crematorium that has been established with the consent of
the Registrar and is owned by an owner licensed under this
Act.
(2) No person shall cremate human remains,
Prohibitions
(a) for which there is not a coroner's certificate sup-
plied by the Ministry of Consumer and Commercial
Relations;
(b) in a container made of, or containing, non-flamma-
ble or hazardous material or a prescribed material;
or
(c) in which a pacemaker or other prescribed device is
implanted.
(3) Except if required by a welfare administrator or for the Rig^t to
purpose of compliance with this Act or the regulations made
under this Act, a crematorium owner has the right to refuse to
cremate any human remains.
57. Every crematorium owner shall ensure that all crema-
tions in the crematorium are carried out in a decent and
orderly manner and that quiet and good order are maintained
in the crematorium at all times.
Good order
58. — (1) Any person who purchases a cremation service
shall deposit, at the request of the crematorium owner, a pre-
scribed amount with the owner to cover the cost of interring
the cremated remains.
Deposit re
disfwsal
(2) An owner receiving money under subsection (1) shall Held in trust
hold the money in trust.
(3) If the cremated remains are claimed by the interment Refund
rights holder within one year after the cremation, the owner
shall refund the money to the person entitled thereto at the
time of the claim.
28
Bill 31
CEMETERIES
1989
Owner's
compensation
Neglected
cemetery
Appeal
Idem
Idem
R.S.O. 1980,
c. 484
does not
apply
Repairs
Abandoned
cemeteries
Application
Notice of
application
(4) If, after one year, the cremated remains have not been
claimed and the owner has made reasonable efforts to contact
the representatives of the deceased, the owner may inter them
and is then entitled to the money held in trust as compensa-
tion.
59. — (1) A municipality may order a cemetery owner who
does not keep the cemetery in good order and repair to
restore it to good order and repair.
(2) An owner may appeal, to the Registrar, an order to
restore within fifteen days after receiving the order.
(3) The Registrar, on receiving an appeal, shall invite sub-
missions from the owner and the municipality and shall make
such other inquiries as are appropriate in the circumstances.
(4) After considering submissions made and the circum-
stances, the Registrar shall confirm or reverse the order of the
municipality or substitute his or her order for that of the
municipality.
(5) The Statutory Powers Procedure Act does not apply to
an appeal under this section.
(6) If an owner does not restore a cemetery as specified in
an order given under subsection (1) within such reasonable
time as is set out in the order, the municipality may have the
required work done and recover the costs thereof from the
owner.
60. — (1) An application to declare a cemetery abandoned
may be made to a judge of the District Court if the owner of
the cemetery,
(a) cannot be found or is unknown;
(b) is unable to maintain it;
(c) was a corporation that was dissolved; or
(d) is not licensed as an owner under this Act.
(2) An application to declare a cemetery abandoned may
be made by the owner of the cemetery, the municipality or
the Registrar.
(3) An applicant under subsection (2) must give notice of
the application to the other persons referred to in subsection
(2).
1989
CEMETERIES
Bill 31
29
(4) The municipality is responsible for the cost of an appli- costs
cation under this section including the cost of a survey of the
land involved,
(5) Despite subsection (4), an owner who makes an unsuc- wem
cessful application is responsible for the costs referred to in
subsection (4).
(6) A judge to whom an application is made under sub- Declaration
section (1), upon being satisfied that there is a basis for the
application, shall, by order, declare the cemetery that is the
subject-matter of the application to be abandoned.
(7) Upon a declaration that a cemetery is abandoned being Municipality
registered in the appropriate land registry office, the munici- owneT^^
pality becomes the owner of the cemetery with all the rights
and obligations in respect to the cemetery and the assets,
funds and trust accounts related thereto that the previous
owner had.
(8) A declaration under this section may exempt the munic- Exemptions
ipality being declared the owner from any provision of this
Act or the regulations that it would be inappropriate, in the
circumstances, for a new owner to be subject to.
(9) Upon an application being made to declare a cemetery Maintenance
abandoned, the municipality within which the cemetery is situ-
ated is responsible for the maintenance of the cemetery until
the application is disposed of.
61. The Registrar may require any owner who has an D"^^ interest
interest in a cemetery that appears to be abandoned or neg-
lected to maintain that cemetery as a condition of retaining a
licence to own a cemetery or crematorium.
ADMINISTRATION
62.— (1) There shall be a Registrar appointed for the pur- Registrar
poses of this Act.
(2) There shall be one or more Deputy Registrars ^^p^J^^j.^
appointed who may exercise such powers and perform such ^^^ ^^^^
duties of the Registrar as are delegated by the Registrar.
(3) The Registrar, Deputy Registrars and all other employ- Application
ees necessary for the administration of this Act shall be r.s.o. i980,
appointed under the Public Service Act. c. 4i8
30
Inspectors
Bill 31
CEMETERIES
1989
63. — (1) The Registrar may appoint inspectors to carry
out inspections for the purpose of determining whether there
is compliance with this Act and the regulations.
Certificate of (2) An inspector exercising a power under this Act shall, on
annn.ntment j-^q^g^^^ producc Ws or hcr ccrtificatc of appointment.
appointment
Inspections
Entry to
dwellings
Warrant
64. — (1) For the purpose of ensuring compliance with this
Act and the regulations, an inspector may,
(a) enter any place at any reasonable time;
(b) request the production for inspection of documents
or things that may be relevant to the inspection;
(c) inspect and, upon giving a receipt therefor, remove
documents or things relevant to the inspection for
the purpose of making copies or extracts;
(d) inquire into negotiations, transactions, loans or bor-
rowings of a licensee and into assets owned,
acquired or disposed of by a licensee that are rele-
vant to an inspection;
(e) conduct such tests as are reasonably necessary to
determine the integrity of a structure, fence or
marker in a cemetery; and
(f) remove materials or substances for examination or
test purposes subject to the licensee or other occu-
pant of the premises being notified thereof.
(2) Subsection (1) does not apply to confer a power of
entry to a room actually used as a dwelUng without the con-
sent of the occupier.
(3) A justice of the peace may issue a warrant authorizing
the person named in the warrant,
(a) to do anything set out in clause (1) (a), (c), (e) or
(f);
(b) to enter and search a room actually used as a dwell-
ing; or
(c) to search for and seize any document or thing rele-
vant to the inspection.
1989
CEMETERIES
Bill 31
31
(4) A warrant may be issued under subsection (3) if the jus- Requirements
tice of the peace is satisfied on information under oath that in to^ssu™
the case of a warrant to be issued under,
(a) clause (3) (a), an inspector has been prevented from
doing anything permitted under clause (1) (a), (c),
(e) or (f) or there is reasonable ground to believe
that an inspector may be prevented from doing any
of those things;
(b) clause (3) (b), it is necessary that a room actually
used as a dwelling be entered for the purposes of
carrying out an inspection or there is, in such a
room, a document or thing that there is reasonable
ground to believe is relevant to an inspection under
this Act; or
(c) clause (3) (c), it is necessary to search for and seize
a document or thing that there is reasonable ground
to believe will afford evidence relevant to a contra-
vention of this Act or the regulations.
(5) A warrant issued under this section shall specify the Execution of
lours and days during which it may be executed.
(6) Unless renewed, a warrant under this section expires Expiry
)t later than thirty days after the date on which it is made.
(7) A warrant under this section may be issued or renewed ^°^}^^^°^
upon application without notice.
required
(8) A warrant under this section may be renewed for any Renewal of
reason for which it may be issued.
(9) A person doing anything under the authority of a war- Assistance
rant issued under this section is authorized to call on such
police officers to assist and to use such force as is necessary in
the execution of the warrant.
(10) An inspector carrying out an inspection, with or with- Use of
out a warrant, may be accompanied by such persons with ^^^^^^
expertise in the subject-matter of the inspection as the inspec-
tor considers necessary.
(11) An investigator taking material in order to copy it shall Copies
make the copy with reasonable dispatch and shall promptly
return the material taken.
(12) Copies of, or extracts from, documents and things Admissibility
removed under this section and certified as being true copies ° '^"^'^^
32
Bill 31
CEMETERIES
1989
of, or extracts from, the originals by the person who made
them are admissible in evidence to the same extent as, and
have the same evidentiary value as, the documents or things
of which they are copies or extracts.
Obstruction
of inspector
65. — (1) No person shall obstruct an inspector in carrying
out an inspection under this Act or withhold, destroy, conceal
or refuse to provide any relevant information or thing
required for the purpose of the inspection.
Facilitating
inspection
(2) It is a condition of each licence issued under this Act
that the licensee facilitate an inspection relevant to that
licence.
Freezing
assets
66. — (1) If the Director has reasonable and probable
grounds to believe that the owner of a cemetery or cremato-
rium is doing or is about to do something that will jeopardize
the public interest or the proper care and maintenance of a
cemetery, the Director may direct any person holding, having
on deposit or controlling assets of the owner or trust funds
under the control of the owner to hold the assets or trust
funds until further instructions are received from the Director
to release a particular asset or trust fund from the direction.
Scope of
direction
(2) In the case of a bank or a corporation, a direction
under subsection (1) applies only to the offices, branches or
agencies thereof named in the direction.
Application (3) Any pcrson named in a direction issued under sub-
section (1), if in doubt as to the application of the direction to
particular assets or trust funds, may apply to the Director for
an order of clarification.
Revocation
amendment
of direction
(4) On an application of the owner or any other person
having an interest therein, the Director may make an order on
such conditions as are set out in the order revoking the direc-
tion or consenting to the release of a particular asset or trust
fund from the direction.
Appeal (5) Any person affected by a direction or order of the
Director made under this section or a refusal to make an
order may appeal to the Tribunal.
Restraining 57, — (1) jf t^g Director is of the opinion that any person is
°^^^^ not complying with this Act or the regulations, despite the
imposition of any penalty in respect of the non-compliance
and in addition to any other remedy available, the Director
may apply to a judge of the High Court for an order directing
the person to comply.
1989 CEMETERIES Bill 31 33
(2) upon an application under subsection (1), the judge ^^^^
may make the order applied for or such other order as the
judge thinks appropriate.
(3) An appeal lies to the Divisional Court from an order ^''em
made under subsection (2).
BURIAL SITES
68. No person shall disturb or order the disturbance of a Disturbing
burial site or artifacts associated with the human remains proWbited
except,
(a) on instruction by the coroner; or
(b) pursuant to a site disposition agreement.
69. Any person discovering or having knowledge of a Unmarked
burial site shall immediately notify the police or coroner.
70. — (1) The Registrar may order the owner of land on investigation
which a burial site is discovered to cause an investigation to be
made to determine the origin of the site.
(2) Section 68 does not apply to a person investigating the i^em
nature or origin of the site who is disturbing the site in the
course of the investigation.
(3) A person conducting an investigation shall do so with w^m
the minimum disturbance to the site that is reasonable in the
circumstances.
(4) If the Registrar is of the opinion that an investigation Wem
under subsection (1) would impose an undue financial burden
on the land owner, the Registrar shall undertake the investiga-
tion.
71. — (1) As soon as the origin of a burial site is deter- Declaration
mined, the Registrar shall declare the site to be,
(a) an unapproved aboriginal peoples cemetery;
(b) an unapproved cemetery; or
(c) an irregular burial site.
(2) For the purpose of subsection (1), interpretation
34
Bill 31
CEMETERIES
1989
(a) an irregular burial site is a burial site that was not
set aside with the apparent intention of interring
therein human remains;
(b) an unapproved cemetery is land set aside with the
apparent intention of interring therein, in accord-
ance with cultural affinities, human remains and
containing remains identified as those of persons
who were not one of the aboriginal peoples of Can-
ada;
(c) an unapproved aboriginal peoples cemetery is land
set aside with the apparent intention of interring
therein, in accordance with cultural affinities,
human remains and containing remains identified as
those of persons who were one of the aboriginal
peoples of Canada.
Definition
(3) For the purposes of this section and section 72, "unap-
proved" means not approved in accordance with this Act or a
predecessor of this Act.
Site
disposition
agreement
72. — (1) The Registrar, on declaring a burial site to be an
unapproved aboriginal peoples cemetery or an unapproved
cemetery, shall serve notice of the declaration on such persons
or class of persons as are prescribed.
Idem
(2) All persons served with notice under subsection (1)
shall enter into negotiations with a view of entering into a site
disposition agreement.
Idem
(3) If a site disposition agreement is not made within the
prescribed time, the Registrar shall refer the matter to arbitra-
tion.
Idem
(4) Despite subsection (3), the Registrar, if of the opinion
that an agreement may be reached, may defer referring the
matter to arbitration so long as there appears to be a reason-
able prospect of an agreement being reached.
Arbitrated
settlement
73. The persons named in an arbitrated settlement who
have been given the opportunity to fully participate in the
arbitration process are bound by the settlement whether they
chose to participate or not.
Irregular
burial site
74. — (1) An owner of land that contains an irregular bur-
ial site shall ensure that the remains found in the site are
interred in a cemetery.
1989 CEMETERIES Bill 31 35
(2) No owner of a cemetery interring human remains for an Charges
owner of land to whom this section applies may charge more
than the prescribed amount for the interment.
75. — (1) No person shall alter or move the remains or war Graves
marker of a Canadian or AUied veteran or a Commonwealth
War Burial without the agreement of the Department of Vet-
erans Affairs (Federal), the Commonwealth War Graves
Commission or such other persons and associations as are pre-
scribed.
(2) Subsection (1) applies with respect to the alteration or i^em
removal of the remains or a marker of a Canadian or Allied
veteran only if the Department of Veterans Affairs (Federal)
contributed to the cost of the interment.
(3) If an agreement is not reached, the person who wants I'lem
to make the alteration or move may apply to the Registrar for
directions.
(4) When an application is made under subsection (3), the ^dem
Registrar shall instruct the applicant to give notice of the
application to such persons and associations as the Registrar
considers may have an interest in the matter.
(5) All persons and associations receiving a notice under Wem
subsection (4) may make submissions on the matter to the
Registrar in such form and manner as the Registrar instructs.
(6) After considering all submissions made, the Registrar Wem
shall direct the applicant on the manner of deaUng with the
remains or marker in question.
(7) Subsection (1) does not apply to a person altering or i^em
moving remains or markers in accordance with the direction
of the Registrar.
76. — (1) The Lieutenant Governor in Council may make Regulations
regulations,
1. prescribing documents, information and notices to
be provided in the course of an application;
2. prescribing fees and requiring the payment of fees;
3. providing for the manner in which a deposit
required for approval shall be applied or returned;
4. prescribing classes of cemeteries;
36 Bill 31 CEMETERIES 1989
5. prescribing, . for any notice required to be given
under this Act, the type of notice and the manner in
which it is to be given;
6. prescribing requirements and standards for the
placing and spacing of interments, markers,
fixtures, fences or other structures in a cemetery;
7. prescribing the minimum depth of coverage for in-
ground burials;
8. prescribing the drains, sewers and other structures
for the flow of water required in a cemetery;
9. governing mausolea, columbaria and other struc-
tures on or in a cemetery and establishing construc-
tion standards;
10. prescribing classes and types of licences;
11. governing the issue of licences and providing for the
renewal of licences;
12. governing the term during which each class or type
of licence is valid;
13. prescribing conditions that attach to any class or
type of licence;
14. providing for posting of bonds and prescribing the
amounts thereof;
15. providing for the forfeiture of posted bonds and for
the distribution of the proceeds of forfeited bonds;
16. prescribing practices or actions that are evidence of
incompetence or lack of honesty and integrity;
17. requiring the approval of the Registrar for promo-
tional and sales material and prescribing the criteria
for approval;
18. prescribing the type of promotional and sales
material that requires the approval of the Registrar
and providing for its submission to the Registrar;
19. governing and prohibiting the use of any promo-
tional or sales material or any practice;
1989 CEMETERIES Bill 31 37
20. prescribing records and information to be kept by
licensees;
21. providing for and requiring the submission of rec-
ords and information and providing for access by
agents of the Registrar to records and information;
22. prescribing the form of and conditions to be
included in contracts for the sale of interment rights
and cemetery supplies and services;
23. prescribing the information to be supplied to pur-
chasers of interment rights and cemetery supplies
and services;
24. prescribing the form of and information to be
included in certificates of interment rights;
25. prescribing information to be provided to the pub-
lic, any person or any class of persons and prescrib-
ing the manner of providing that information;
26. governing advertising and the manner of soHciting
business;
27. requiring the use of any prescribed forms;
28. governing the use of contracts and certificates;
29. governing the uses to which owners may apply
income from Care and Maintenance Funds;
30. prescribing records and information on trust funds
to be provided to purchasers of interment rights and
pre-need supplies or services;
31. governing the establishment, maintenance and oper-
ation of trust funds including the Care and Mainten-
ance Fund and the Pre-need Assurance Fund;
32. governing the payment of money into and out of
trust funds including the time within which and the
circumstance under which payments are to be
made;
33. prescribing fees that may be retained by trustees in
respect of any type of trust fund;
34. governing the interment, disinterment, disposition
and removal of human remains;
38 Bill 31 CEMETERIES 1989
35. governing the preparation of disinterred human
remains for transportation including prescribing the
design and material of container to be used;
36. prescribing standards for the construction, installa-
tion, stabilization and preservation of markers and
other cemetery supplies and requiring compliance
with the standards;
37. governing the standards of care and maintenance
required for a cemetery;
38. governing the procedure for approving by-laws
made by owners and for revoking any by-laws made
by owners;
39. prescribing the criteria that the Registrar shall use
in approving by-laws;
40. governing the manner of conducting cremations and
dealing with cremated remains;
41. prescribing amounts to be deposited, in trust, to
compensate for disposing of cremated remains and
regulating the handling of the trust moneys;
42. governing the location and ownership of cemeteries
and crematoria;
43. governing prices and the range of prices that may be
included on price lists filed with the Registrar by
owners;
44. prescribing procedures to be followed in dealing
with burial sites and requiring that they be fol-
^ lowed;
45. governing arbitration in the absence of a site dispo-
sition agreement and requiring compliance with pre-
scribed procedure;
46. prescribing the subject-matters to be contained in a
site disposition agreement or arbitration settlement
and requiring their inclusion;
47. exempting any person or class of persons, any cem-
etery or class of cemetery or anything or class of
thing from any provision of this Act or the regu-
lations;
1989 CEMETERIES Bill 31 39
48. prescribing conditions subsequent or precedent for a
prescribed exemption and providing that an exemp-
tion may be subject to the Registrar being satisfied
that it is not contrary to the public interest;
49. prescribing what constitutes notice in any provision
where notice is required to be given;
50. governing the time for giving any notice for which a
time is not set out in this Act and delegating to the
Registrar power to extend any prescribed time;
51. prescribing anything that is referred to in this Act as
being prescribed.
(2) Any regulation may be general or specific or of limited Limitation
application.
77. No person shall cause or commit a nuisance in a ceme- interfering
tery or wilfully and unlawfully disturb persons assembled for Cemetery
the purpose of interring human remains in a cemetery.
78. — (1) Any person who, in a cemetery, damages or ^^use of
moves any tree, plant, marker, fence, structure or other thing
usually erected, planted or placed in a cemetery is liable to
the cemetery owner and any interment rights holder who, as a
result, incurs damage.
(2) In an action under subsection (1), the amount of dam- i^em
ages shall be the amount required to restore the cemetery to
the state that it was in before anything was damaged or moved
by the person liable.
(3) Any person collecting damages under this section shall ''•em
use the full amount collected to restore the cemetery.
79. — (1) Every person who, offence
(a) furnishes false, misleading or incomplete informa-
tion in an application under this Act or in a state-
ment or return required to be furnished under this
Act or the regulations;
(b) fails to comply with an order made under this Act;
or
(c) contravenes any provision of this Act or the regu-
lations,
is guilty of an offence.
40
Bill 31
CEMETERIES
1989
Idem
(2) Every director or officer of a corporation who concurs
in an offence under this Act is guilty of an offence.
Idem
(3) An individual who is convicted of an offence under this
Act is liable to a fine of not more than $20,000 and, on a sub-
sequent conviction, to a fine of not more than $20,000 and to
imprisonment for a term of not more than one year.
Idem
(4) A corporation that is convicted of an offence under this
Act is liable to a fine of not more than $40,000.
Limitation
(5) Subject to subsection (6), no proceeding under this sec-
tion shall be commenced more than two years after the
offence was committed.
Idem
(6) No proceeding under clause (1) (a) or subsection 35 (2)
or 36 (3) or section 68 shall be commenced more than one
year after the facts upon which the proceeding is based first
came to the knowledge of the Registrar.
Restitution
(7) If a person is convicted of an offence under this Act,
the court making the conviction may, in addition to any other
penalty, order the person convicted to make compensation or
restitution in relation thereto.
Certificate as
evidence
80. A statement as to,
(a) the consent or lack of consent to establish, alter or
increase the capacity of a cemetery or crematorium;
(b) the licensing or non-licensing of any person;
(c) the filing or non-filing of any document or material
required or permitted to be filed with the Registrar;
(d) the time when the facts upon which proceedings are
based first came to the knowledge of the Registrar;
or
(e) any other matter pertaining to licensing, non-
licensing, filing or non-filing,
purporting to be certified by the Registrar is, without proof of
the office or signature of the Registrar, admissible in evidence
in any proceeding, in the absence of evidence to the contrary,
of the facts stated therein.
Municipal
powers
81. — (1) A municipality may expropriate.
1989
CEMETERIES
Bill 31
41
(a) a cemetery or part thereof, whether the cemetery
exists within or outside the municipality; and
(b) land on which to establish or enlarge a cemetery.
(2) The council of a municipality may pass by-laws author- wem
izing,
(a) the purchase of a cemetery or part thereof that is
situated within the municipality;
(b) the acquisition of land within the municipality or in
an adjacent township or unorganized territory for a
cemetery or for the enlargement of an existing
cemetery owned by the municipality; or
(c) the sale, transfer or lease of a cemetery or part
thereof.
82. — (1) If there is an appeal under this Act to the Tribunal
Tribunal, it shall appoint a time for and hold a hearing.
(2) After holding a hearing, the Tribunal may by order Order
direct the Registrar to take an intended action or to refrain
from taking an action or to take such action as the Tribunal
considers that the Registrar ought to take and for such pur-
poses the Tribunal may substitute its opinion for that of the
Registrar.
(3) The Tribunal may attach such conditions to its order or Conditions
to the licence as it considers proper to give effect to the pur-
poses of this Act.
(4) The Registrar, the applicant or licensee who has p^^^^^
required the hearing and such other ersons as the Tribunal
may specify are parties to proceedings before the Tribunal
under this Act.
83. — (1) A notice, order or other document under this service
Act or the regulations is sufficiently given, served or delivered
if delivered personally or sent by first class mail addressed to
the person to whom it is to be given, served or delivered at
that person's last known address.
(2) A notice, order or other document sent by first class ^''em
mail in accordance with subsection (1) shall be deemed to be
given, served or delivered on the fifth day after the day of
mailing, unless the person to whom it is sent establishes that
the notice, order or other document was not received until a
42
Bill 31
CEMETERIES
1989
later date because of absence, accident, illness or other cause
beyond that person's control.
stay
R.S.O. 1980,
c. 274
84. Despite the fact that a licensee appeals from an order
of the Tribunal under section 11 of the Ministry of Consumer
and Commercial Relations Act, the order takes effect immedi-
ately but the Tribunal may grant a stay until the disposition of
the appeal.
Surrender of §5, j\iq Registrar may, at any time, cancel a licence upon
icence ^^^ written rcqucst of the licensee and the surrender of the
licence by the licensee.
Transition
86. — (1) An approval given under the Cemeteries Act,
being chapter 59 of the Revised Statutes of Ontario, 1980,
shall be deemed to be a consent given under this Act.
Idem
Idem
Idem
Idem
(2) Every person who is an owner on the day this Act
comes into force shall be deemed to be licensed under this
Act to own the cemetery or crematorium.
(3) Every person who was employed as a sales representa-
tive selling interment rights, cemetery suppHes or cemetery
services on the day this Act comes into force shall be deemed
to be licensed as a sales representative under this Act repre-
senting the owner employing that person.
(4) Subject to subsection (5), subsections (2) and (3) cease
to apply one year after this Act comes into force.
(5) If a person who is deemed, under subsection (2) or (3),
to be licensed under this Act applies for a comparable licence
under this Act within one year after this Act comes into force,
the deemed licence remains in force until the application is
finally disposed of.
Idem
(6) Funds set up under the Cemeteries Act, being chapter 59
of the Revised Statutes of Ontario, 1980, for,
(a) perpetual care shall be deemed to be a Care and
Maintenance Fund; and
(b) pre-need supplies or services shall be deemed to be
a Pre-need Assurance Fund.
Act prevails gy. jhis Act prevails over Part VI of the Ontario Heritage
Act, being chapter 337 of the Revised Statutes of Ontario,
1980.
1989 CEMETERIES Bill 31 43
88. Section 1 of The Toronto General Burying Grounds Act,
1977, being chapter 110, is repealed and the following substi-
tuted therefor:
1. The Trustees of the Toronto General Burying Grounds Power to
may, in addition to its existing powers to acquire and hold ^'^^""^^ ^^^^
land, acquire and hold land and may exercise all its corporate
powers with reference thereto.
89. The Cemeteries Act, being chapter 59 of the Revised Repeal
Statutes of Ontario, 1980, is repealed.
90. This Act comes into force on a day to be named by Commence-
proclamation of the Lieutenant Governor. "^"^
91. The short title of this Act is the Cemeteries Act, 1989. short title
Bill 32 Private Member's Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 32
An Act to amend the Landlord and Tenant Act
Ms Bryden
1st Reading June 12th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
©Queen's Printer for Ontario
EXPLANATORY NOTE
The purpose of the Bill is to make void any provision in a tenancy agreement pro-
hibiting a tenant from keeping a pet in a rented residential premises. An exception is
provided in the case of rental of a condominium unit if the declaration for that condo-
minium prohibits owners from keeping pets.
Bm32 1989
P'
An Act to amend the Landlord and Tenant Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. The Landlord and Tenant Act, being chapter 232 of the
Revised Statutes of Ontario, 1980, is amended by adding
thereto the following section:
97a. — (1) Any provision in a tenancy agreement prohibit- Provisions
ing a tenant from keeping a pet in residential premises is void. peirvoiT
(2) Subsection (1) does not apply to a tenancy agreement in Exception
respect of a unit of a corporation to which the Condominium RS.o. 1980,
Act applies if the declaration for that corporation prohibits the ^'
keeping of pets in units of the corporation.
2. This Act comes into force on the day it receives Royal commence-
Assent.
3. The short title of this Act is the Landlord and Tenant short title
Amendment Act, 1989.
Bill 33 Government Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 33
An Act to revise the
Ontario Mineral Exploration Program Act
The Hon. S. Conway
Minister of Mines
1st Reading June 15th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
©Queen's Printer for Ontario
EXPLANATORY NOTE
The purpose of the Bill is to provide for the establishment of incentive programs for
the exploration and development of mineral resources in Ontario. The Bill replaces the
existing Act. The Bill permits the Lieutenant Governor in Council to make regulations
establishing incentive programs and prescribing eligibility conditions. Programs estab-
lished under the Act will be administered by the Minister of Mines.
Bill 33 1989
An Act to revise the
Ontario Mineral Exploration Program Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. In this Act, Definitions
"development" means preparing a deposit of a prescribed
mineral resource for production;
"exploration" means prospecting or exploring for a prescribed
mineral resource;
"incentive" means a grant, loan, payment or other financial
concession made under this Act;
"incentive program" means a program prescribed under this
Act to encourage exploration or development in Ontario;
"Minister" means the Minister of Mines;
"Ministry" means the Ministry of the Minister;
"prescribed" means prescribed by the regulations;
"project" means a project of exploration or development in
Ontario;
"regulations" means the regulations made under this Act.
2. The Lieutenant Governor in Council may make regu- incentive
lations to establish incentive programs. programs
3. The Minister may designate a project under an incen- Designation
tive program for a specified period. ° ^^^^'^
4. The Minister may provide an incentive to any person incentives
who,
Bill 33
ONTARIO MINERAL EXPLORATION PROGRAM
1989
(a) is ordinarily resident in Canada; and
(b) meets the prescribed eligibility conditions of an
incentive program.
Incentive not 5, An incentive under this Act may not be assigned,
assigna e, charged, attached, anticipated or given as security, and any
transaction purporting to assign, charge, anticipate or give as
security an incentive is void.
infomiation 5, — (1) Exccpt as provided in subsections (2), (3) and (4),
all information obtained under this Act by an employee or
agent of the Ministry is privileged and confidential and no
such employee or agent shall knowingly communicate or allow
to be communicated to any person not legally entitled thereto
any such information, or allow any person not legally entitled
to do so to inspect or have access to any statement or other
writing containing such information.
Exception (2) Any information referred to in subsection (1) obtained
by an employee or agent of the Ministry in the administration
of this Act may be communicated to an employee of,
(a) the Department of National Revenue of Canada; or
(b) the Ministry of Revenue or the Ministry of Treasury
and Economics.
Idem
Idem
(3) The name of a person who has received incentives
under this Act and the aggregate of incentives received by the
person may be published or disclosed by the Minister.
(4) One year or more after the expiry of the designation of
a project designated under this Act, the Minister may disclose
any technical reports, maps, plans or other particulars of the
project that were submitted with any application relating to
the project.
Return of
incentive
where not
entitled
7. — (1) A person who receives an incentive to which the
person is not entitled or a payment in excess of an incentive to
which the person is entitled shall forthwith return to the Min-
ister the amount or excess amount, as the case may be.
Recovery of
incentive
where not
entitled
(2) If a person receives an incentive to which the person is
not entitled or a payment in excess of an incentive to which
the person is entitled, the amount or excess amount, as the
case may be, may be recovered in any court of competent
jurisdiction as a debt due to the Crown in proceedings com-
menced at any time, and, where applicable, the amount of
1989 ONTARIO MINERAL EXPLORATION PROGRAM Bill 33 3
any such indebtedness may be recovered in the manner pro-
vided for in the Financial Administration Act. r.s.o. 1980,
c. 161
8. — (1) Every person is guilty of an offence who, offence
(a) knowingly furnishes false or misleading information
in an application or statement required by this Act
or the regulations;
(b) knowingly fails to disclose any information that is
required to be disclosed by this Act or the regu-
lations;
(c) knowingly contravenes subsection 7 (1); or
(d) contravenes subsection 6 (1) or 12 (1).
(2) If a corporation commits an offence under this Act, director or
every director or officer of the corporation who authorizes, corporation
permits or acquiesces in the commission of the offence is a
party to and is guilty of an offence and on conviction is liable
to the penalty provided for the offence whether or not the
corporation has been prosecuted or convicted.
(3) An individual who is convicted of an offence under this individual
Act is liable to a fine of not more than $5,000.
(4) A corporation that is convicted of an offence under this Corporation
Act is Hable to a fine of not more than $50,000.
(5) No proceeding in respect of an offence under this Act Limitation
shall be commenced more than five years after the offence
was committed.
9.^1) The Minister may, for any purpose relating to the Request for
administration or enforcement of this Act, require from any o" document
person whose project has been designated under this Act any
information, or the production of any document, within such
reasonable time as is stipulated in the request.
(2) If a person does not comply within a reasonable time ^^?, f?*
with a request under subsection (1), the Minister may by writ- u^nVaJure
ten notice declare the person to be ineligible for incentives. *« comply
(3) For purposes of section 7, a person declared under sub- Return of
section (2) to be inehgible for incentives shall be deemed not
to be entitled to any incentives received in respect of the
project to which the request under subsection (1) relates.
Bill 33
ONTARIO MINERAL EXPLORATION PROGRAM
1989
Appointment
of persons to
make
inspections
Certificate of
appointment
Inspections
Entry to
dwellings
Warrant
10. — (1) The Minister may appoint persons to make
inspections under this Act.
(2) A person appointed under subsection (1) exercising a
power under this Act shall, on request, produce his or her cer-
tificate of appointment.
11. — (1) For the purpose of ensuring compUance with this
Act and the regulations, a person appointed under subsection
10 (1) may,
(a) enter any place at any reasonable time where,
(i) any business associated with a project desig-
nated under this Act is carried on or any
property relating to such a project is kept,
(ii) anything is done in connection with a business
referred to in subclause (i), or
(iii) any document relating to a business referred
to in subclause (i) is kept;
(b) request the production for inspection of documents
or things that may be relevant to the inspection;
(c) examine or audit any document or thing produced
in response to a request under clause (b);
(d) upon giving a receipt therefor, remove from a place
documents or things produced in response to a
request under clause (b) for the purpose of making
copies or extracts; and
V (e) examine any land, property, process or matter that
may be relevant to the inspection.
(2) Subsection (1) does not apply to confer a power of
entry to a room actually used as a dweUing without the con-
sent of the occupier except under the authority of a warrant
issued under this section.
(3) A justice of the peace may issue a warrant authorizing
the person named in the warrant,
(a) to do anything set out in clause (1) (a), (c), (d) or
(e); or
(b) to enter and search a room actually used as a dwell-
ing.
1989 ONTARIO MINERAL EXPLORATION PROGRAM Bill 33
(4) A warrant may be issued under subsection (3) if the ius- Requirements
tice of the peace is satisfied on information under oath that,
for warrant
to issue
(a) in the case of a warrant to be issued under clause
(3) (a), a person appointed under subsection 10 (1)
has been prevented from doing anything permitted
under clause (1) (a), (c), (d) or (e) or there is rea-
sonable ground to believe that such a person may
be prevented from doing any of those things; or
(b) in the case of a warrant to be issued under clause
(3) (b), it is necessary that a room actually used as a
dwelling be entered for the purposes of carrying out
an inspection or there is, in such a room, a docu-
ment or thing that there is reasonable ground to
believe will afford evidence relevant to an inspec-
tion under this Act.
(5) A warrant issued under this section shall specify the Execution of
hours and days during which it may be executed. warrant
(6) Unless renewed, a warrant under this section expires Expiry
not later than thirty days after the date on which it is made.
(7) A warrant under this section may be issued or renewed Notice not
upon application without notice. require
(8) A warrant under this section may be renewed, before or Renewal of
after expiry, for any reason for which it may be issued.
(9) A person doing anything under the authority of a war- Assistance
rant issued under this section is authorized to call on such
police officers to assist and to use such force as is necessary in
the execution of the warrant.
(10) A person taking material in order to copy it shall make Copies
the copy with reasonable dispatch and shall promptly return
the material taken.
(11) Copies of, or extracts from, documents and things Admissibility
removed under this section and certified as being true copies ° '^"^'^^
of, or extracts from, the originals by the person who made
them are admissible in evidence to the same extent as, and
have the same evidentiary value as, the documents or things
of which they are copies or extracts.
12. — (1) No person shall obstruct a person carrying out an Obstruction
inspection under this Act or withhold, destroy, conceal or ref-
use to provide any relevant information or thing required for
the purpose of the inspection.
Bill 33
ONTARIO MINERAL EXPLORATION PROGRAM
1989
Facilitating
inspection
(2) It is a condition of every project designated under this
Act that the person who applied for designation of the project
facilitate any inspection relating to the project.
Advisory 13, — (1) The Minister may appoint advisory committees to
committees ^dvisc him or her on any matters relating to this Act.
Idem
(2) The Minister may fix the terms of reference of an advi-
sory committee.
Idem
(3) The Minister may appoint the chairperson and members
of an advisory committee and fix their remuneration and
expenses.
Delegation of
powers and
duties
Regulations
14. Where, under this Act, a power is granted to or vested
in or a duty is imposed upon the Minister, the Minister may
delegate in writing that power or the obligation to perform
that duty to the Deputy Minister of Mines, to an employee of
the Ministry or to any other public servant, subject to the con-
ditions set out in the delegation.
15. — (1) The Lieutenant Governor in Council may make J
regulations.
Regulations
may be
retroactive
General,
specific or
limited
regulation
Repeals
(a) prescribing the eligibility conditions of any incentive
program;
(b) prescribing the evidence to be furnished by a person
applying for an incentive or designation of a
project;
(c) prescribing anything that is referred to in this Act as
prescribed;
(d) defining any word or expression for the purposes or
this Act and the regulations that has not already
been expressly defined in this Act.
(2) A regulation is, if it so provides, effective with ref-
erence to a period before it was filed.
(3) Any regulation may be general or specific or of limited
application.
16. The Ontario Mineral Exploration Program Act, being
chapter 346 of the Revised Statutes of Ontario, 1980 and sec-
tion 46 of the Equality Rights Statute Law Amendment Act,
1986, being chapter 64, are repealed.
1989 ONTARIO MINERAL EXPLORATION PROGRAM Bill 33
17. Despite section 16, the Ontario Mineral Exploration Transition
Program Act, being chapter 346 of the Revised Statutes of
Ontario, 1980, continues to apply to any program of mineral
exploration designated by the Minister under subsection 2 (1)
of the said Act.
P18. This Act comes into force on the day it receives Royal Commence-
. ■ •' ment
Assent.
19. The short title of this Act is the Ontario Mineral Short Title
Exploration Program Act, 1989.
Jill 33
ND SESSION, 34th LEGISLATURE, ONTARIO
38 ELIZABETH II, 1989
Bill 33
(Chapter 40
Statutes of Ontario, 1989)
An Act to revise the
Ontario Mineral Exploration Program Act
The Hon. S. Conway
Minister of Mines
1st Reading
2nd Reading
3rd Reading
Royal Assent
June 15th, 1989
July 12th, 1989
July 13th, 1989
July 13th, 1989
Printed under authority of the Legislative Assembly by the
©Queen's Printer for Ontario
Bill 33 1989
An Act to revise the
Ontario Mineral Exploration Program Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. In this Act, Definitions
"development" means preparing a deposit of a prescribed
mineral resource for production;
"exploration" means prospecting or exploring for a prescribed
mineral resource;
"incentive" means a grant, loan, payment or other financial
concession made under this Act;
"incentive program" means a program prescribed under this
Act to encourage exploration or development in Ontario;
"Minister" means the Minister of Mines;
"Ministry" means the Ministry of the Minister;
"prescribed" means prescribed by the regulations;
"project" means a project of exploration or development in
Ontario;
"regulations" means the regulations made under this Act.
2. The Lieutenant Governor in Council may make regu- incentive
, ^. ,,.,.. •' ^ programs
lations to establish mcentive programs,
3. The Minister may designate a project under an incen- Designation
.. J. •>• J • J of project
tive program for a specified period.
4. The Minister may provide an incentive to any person incentives
who,
Bill 33
ONTARIO MINERAL EXPLORATION PROGRAM
1989
(a) is ordinarily resident in Canada; and
(b) meets the prescribed eligibility conditions of an
incentive program.
Incentive not
assignable,
etc.
5. An incentive under this Act may not be assigned,
charged, attached, anticipated or given as security, and any
transaction purporting to assign, charge, anticipate or give as
security an incentive is void.
Information
confidential
Exception
6. — (1) Except as provided in subsections (2), (3) and (4),
all information obtained under this Act by an employee or
agent of the Ministry is privileged and confidential and no
such employee or agent shall knowingly communicate or allow
to be communicated to any person not legally entitled thereto
any such information, or allow any person not legally entitled
to do so to inspect or have access to any statement or other
writing containing such information.
(2) Any information referred to in subsection (1) obtained
by an employee or agent of the Ministry in the administration
of this Act may be communicated to an employee of,
(a) the Department of National Revenue of Canada; or
(b) the Ministry of Revenue or the Ministry of Treasury
and Economics.
Idem
Idem
Return of
incentive
where not
entitled
(3) The name of a person who has received incentives
under this Act and the aggregate of incentives received by the
person may be published or disclosed by the Minister.
(4) One year or more after the expiry of the designation of
a project designated under this Act, the Minister may disclose
any technical reports, maps, plans or other particulars of the
project that were submitted with any application relating to
the project.
7. — (1) A person who receives an incentive to which the
person is not entitled or a payment in excess of an incentive to
which the person is entitled shall forthwith return to the Min-
ister the amount or excess amount, as the case may be.
Recovery of
incentive
where not
entitled
(2) If a person receives an incentive to which the person is
not entitled or a payment in excess of an incentive to which
the person is entitled, the amount or excess amount, as the
case may be, may be recovered in any court of competent
jurisdiction as a debt due to the Crown in proceedings com-
menced at any time, and, where applicable, the amount of
1989 ONTARIO MINERAL EXPLORATION PROGRAM Bill 33 3
any such indebtedness may be recovered in the manner pro-
vided for in the Financial Administration Act. r.s.o. 1980,
c. 161
8. — (1) Every person is guilty of an offence who, offence
(a) knowingly furnishes false or misleading information
in an application or statement required by this Act
or the regulations;
(b) knowingly fails to disclose any information that is
required to be disclosed by this Act or the regu-
lations;
(c) knowingly contravenes subsection 7 (1); or
(d) contravenes subsection 6 (1) or 12 (1).
(2) If a corporation commits an offence under this Act, Director or
every director or officer of the corporation who authorizes, rar^rat/on
permits or acquiesces in the commission of the offence is a
party to and is guilty of an offence and on conviction is liable
to the penalty provided for the offence whether or not the
corporation has been prosecuted or convicted.
(3) An individual who is convicted of an offence under this individual
Act is liable to a fine of not more than $5,000.
(4) A corporation that is convicted of an offence under this Corporation
Act is liable to a fine of not more than $50,000.
(5) No proceeding in respect of an offence under this Act Limitation
shall be commenced more than five years after the offence
was committed.
9. — (1) The Minister may, for any purpose relating to the Request for
administration or enforcement of this Act, require from any o" document
person whose project has been designated under this Act any
information, or the production of any document, within such
reasonable time as is stipulated in the request.
(2) If a person does not comply within a reasonable time ^^^, °^
with a request under subsection (1), the Minister may by writ- upon failure
ten notice declare the person to be ineligible for incentives. to comply
(3) For purposes of section 7, a person declared under sub- Return of
incentive
section (2) to be ineligible for incentives shall be deemed not
to be entitled to any incentives received in respect of the
project to which the request under subsection (1) relates.
Bill 33
ONTARIO MINERAL EXPLORATION PROGRAM
1989
Appointment
of persons to
make
inspections
Certificate of
appointment
Inspections
Entry to
dwellings
Warrant
10. — (1) The Minister may appoint persons to make
inspections under this Act.
(2) A person appointed under subsection (1) exercising a
power under this Act shall, on request, produce his or her cer-
tificate of appointment.
11. — (1) For the purpose of ensuring compliance with this
Act and the regulations, a person appointed under subsection
10 (1) may,
(a) enter any place at any reasonable time where,
(i) any business associated with a project desig-
nated under this Act is carried on or any
property relating to such a project is kept,
(ii) anything is done in connection with a business
referred to in subclause (i), or
(iii) any document relating to a business referred
to in subclause (i) is kept;
(b) request the production for inspection of documents
or things that may be relevant to the inspection;
(c) examine or audit any document or thing produced
in response to a request under clause (b);
(d) upon giving a receipt therefor, remove from a place
documents or things produced in response to a
request under clause (b) for the purpose of making
copies or extracts; and
(e) examine any land, property, process or matter that
may be relevant to the inspection.
(2) Subsection (1) does not apply to confer a power of
entry to a room actually used as a dwelling without the con-
sent of the occupier except under the authority of a warrant
issued under this section. »
(3) A justice of the peace may issue a warrant authorizing
the person named in the warrant,
(a) to do anything set out in clause (1) (a), (c), (d) or
(e); or
(b) to enter and search a room actually used as a dwell-
ing.
1989 ONTARIO MINERAL EXPLORATION PROGRAM Bill 33 5
(4) A warrant may be issued under subsection (3) if the jus- Requirements
tice of the peace is satisfied on information under oath that, fo^s^u"^"*
(a) in the case of a warrant to be issued under clause
(3) (a), a person appointed under subsection 10 (1)
has been prevented from doing anything permitted
under clause (1) (a), (c), (d) or (e) or there is rea-
sonable ground to believe that such a person may
be prevented from doing any of those things; or
(b) in the case of a warrant to be issued under clause
(3) (b), it is necessary that a room actually used as a
dwelling be entered for the purposes of carrying out
an inspection or there is, in such a room, a docu-
ment or thing that there is reasonable ground to
believe will afford evidence relevant to an inspec-
tion under this Act.
(5) A warrant issued under this section shall specify the Execution of
hours and days during which it may be executed.
(6) Unless renewed, a warrant under this section expires E'^p't
not later than thirty days after the date on which it is made.
(7) A warrant under this section may be issued or renewed Notj^e
upon application without notice.
required
(8) A warrant under this section may be renewed, before or Renewal of
after expiry, for any reason for which it may be issued.
(9) A person doing anything under the authority of a war- Assistance
rant issued under this section is authorized to call on such
police officers to assist and to use such force as is necessary in
the execution of the warrant.
(10) A person taking material in order to copy it shall make Copies
the copy with reasonable dispatch and shall promptly return
the material taken.
(11) Copies of, or extracts from, documents and things '^f^™*^"'*^
removed under this section and certified as being true copies ° '^°'"^^
of, or extracts from, the originals by the person who made
them are admissible in evidence to the same extent as, and
have the same evidentiary value as, the documents or things
of which they are copies or extracts.
12. — (1) No person shall obstruct a person carrying out an obstruction
inspection under this Act or withhold, destroy, conceal or ref-
use to provide any relevant information or thing required for
the purpose of the inspection.
Bill 33
ONTARIO MINERAL EXPLORATION PROGRAM
1989
Facilitating
inspection
(2) It is a condition of every project designated under this
Act that the person who applied for designation of the project
facilitate any inspection relating to the project.
Advisory
committees
13. — (1) The Minister may appoint advisory committees to
advise him or her on any matters relating to this Act.
Idem (2) The Minister may fix the terms of reference of an advi-
sory committee.
Idem
Delegation of
powers and
duties
Regulations
Regulations
may be
retroactive
General,
specific or
limited
regulation
Repeals
(3) The Minister may appoint the chairperson and members
of an advisory committee and fix their remuneration and
expenses.
14. Where, under this Act, a power is granted to or vested
in or a duty is imposed upon the Minister, the Minister may
delegate in writing that power or the obligation to perform
that duty to the Deputy Minister of Mines, to an employee of
the Ministry or to any other public servant, subject to the con-
ditions set out in the delegation.
15. — (1) The Lieutenant Governor in Council may make
regulations,
(a) prescribing the eligibility conditions of any incentive
program;
(b) prescribing the evidence to be furnished by a person
applying for an incentive or designation of a
project;
(c) prescribing anything that is referred to in this Act as
prescribed;
(d) defining any word or expression for the purposes of
this Act and the regulations that has not akeady
been expressly defined in this Act.
(2) A regulation is, if it so provides, effective with ref-
erence to a period before it was filed.
(3) Any regulation may be general or specific or of limited
application.
16. The Ontario Mineral Exploration Program Act, being
chapter 346 of the Revised Statutes of Ontario, 1980 and sec-
tion 46 of the Equality Rights Statute Law Amendment Act,
1986, being chapter 64, are repealed.
1989
ONTARIO MINERAL EXPLORATION PROGRAM
Bill 33
17. Despite section 16, the Ontario Mineral Exploration Transition
Program Act, being chapter 346 of the Revised Statutes of
Ontario, 1980, continues to apply to any program of mineral
exploration designated by the Minister under subsection 2 (1)
of the said Act.
18. This Act comes into force on the day it receives Royal commence-
A . ment
Assent.
19. The short title of this Act is the Ontario Mineral short title
Exploration Program Act, 1989.
i
m 34
Government Bill
ND SESSION, 34th LEGISLATURE, ONTARIO
38 ELIZABETH II, 1989
Bill 34
An Act to amend the District Municipality
of Muskoka Act and the Education Act
The Hon. J. Eakins
Minister of Municipal Affairs
1st Reading
2nd Reading
3rd Reading
Royal Assent
June 19th, 1989
Printed under authority of the Legislative Assembly by the
® Queen's Printer for Ontario
EXPLANATORY NOTES
The purpose of the Bill is to provide for the establishment of uniform upper tier and
school mill rates throughout the District Area.
The District Municipality of Muskoka will be required to estabUsh each year one
uniform residential and farm mill rate and one uniform commercial mill rate to apply
throughout the District Area. Each of the school boards operating within the District will
also establish uniform residential and farm and uniform commercial mill rates to apply
within their particular area of jurisdiction. In order to accomplish this purpose, it is nec-
essary to introduce complementary amendments to the Education Act.
The Bill will also require that the portion of payment in lieu of taxes and telephone
and telegraph payments received by each area municipality that relate to the require-
ments of the District Municipality and the school boards shall be paid directly to those
bodies.
The Bill will also require that the Ministry of Revenue conduct an update of the
assessment base in 1992 and at least every four years thereafter to reflect the subsequent
changes in market value.
Subsections 214 (17) and 214b (4) of the Education Act, concerning the apportion-
ment of sums required by public school and separate school boards, are also amended in
connection with school boards with jurisdiction within The Regional Municipality of
Waterloo.
Bm34 1989
An Act to amend the District Municipality
of Muskoka Act and the Education Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Section 71 of the District Municipality of Muskoka Act,
being chapter 121 of the Revised Statutes of Ontario, 1980, is
repealed and the following substituted therefor:
71. In this Part, Definitions
"commercial assessment" means the total, according to the
last returned assessment roll, of,
(a) the assessment of real property that is used as the
basis for computing business assessment including
the assessment for real property that is rented and
occupied or used by the Crown in right of Canada
or any province or any board, commission, corpora-
tion or other agency thereof, or by any municipal
corporation or the District Corporation or local
board thereof,
(b) business assessment, and
(c) the assessment for mineral lands, pipe lines and rail-
way lands, other than railway lands actually in use
for residential and farming purposes;
"district rating by-law" means a by-law passed under sub-
section 74 (2);
"public school board" means a divisional board, as defined in
paragraph 19 of subsection 1 (1) of the Education Act, that R s^o i980,
has jurisdiction in the District Area;
"rateable property" includes business and other assessment
made under the Assessment Act; ^-^P- ^^^'
c. 31
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
"residential and farm assessment" means the total assessment
for real property according to the last returned assessment
roll except the assessments for real property mentioned in
clauses (a) and (c) of the definition of "commercial assess-
ment";
R.S.O. 1980,
c. 129
"separate school board" means a separate school board, as
defined in paragraph 59a of subsection 1 (1) of the Educa-
tion Act, that has jurisdiction in the District Area;
"weighted assessment" means, for the relevant area, the total
of,
(a) the product obtained by multiplying the residential
and farm assessment by 85 per cent, and
(b) the commercial assessment.
2. Section 74 of the said Act, as amended by the Statutes of
Ontario, 1984, chapter 45, section 14, and sections 75, 76, 77
and 78 are repealed and the following substituted therefor:
Definition
74. — (1) In this section, "general district levy" means a
sum sufficient,
(a) for payment of the estimated current annual
expenditures as adopted under section 73; and
(b) for payment of all debts of the District Corporation
falHng due within the year as well as amounts
required to be raised for sinking funds and principal
and interest payments or sinking fund requirements
in respect of debenture debt of area municipalities
for the payment of which the District Corporation is
liable under this Act,
but excludes those amounts for water and sewage purposes
that are to be raised by a special rate or rates in accordance
with sections 24 and 25.
District
rating by-law
(2) For purposes of raising the general district levy, the
District Council, on or before the 30th day of June in 1989
and on or before the 31st day of March in each subsequent
year, shall pass a by-law directing the council of each area
municipality to levy a separate rate, as specified in the by-law,
on the residential and farm assessment in the area municipal-
ity rateable for district purposes and on the commercial assess-
ment in the area municipality rateable for district purposes.
1989
DISTRICT MUN. OF MUSKOKA
Bill 34
(3) The rate that the District Council shall direct to be lev- Determi-
ied in each year on commercial assessment under subsection coimnerdai
(2) shall be determined by multiplying the general district levy rate
by 1 ,000 and dividing the product by the weighted assessments
for all the area municipalities.
(4) The rate that the District Council shall direct to be lev- Determi-
ied on the residential and farm assessment under subsection residential
(2) shall be 85 per cent of the rate that it directs to be levied rate
on commercial assessment.
(5) In each year, the council of each area municipaUty shall ^rea munid-
levy, in accordance with the district rating by-law passed for adopt rates
that year, the rates specified in the by-law.
(6) The assessment for real property that is exempt from Tax-exempt
taxation for district purposes by virtue of any Act or by virtue ^^^ property
of a by-law passed by the council of an area municipality
under any Act shall not be included when determining the
total of the weighted assessment for the purposes of sub-
section (3).
(7) The full value of all rateable property shall be used in F"» value to
« , • • DC UScQ
determmmg,
(a) the rates to be levied under subsections (3) and (4);
and
(b) the assessment on which the levy shall be made
under subsection (5),
and, notwithstanding any other Act, but subject to section 22
of the Assessment Act, no fixed assessment applies thereto. R.s.o. i980,
(8) A district ratine by-law shall specify the amount to be instalment
. , . • • f. t. c t 1 • J and advance
raised in an area municipahty as a result of a levy being made payments
in that area municipality in accordance with the by-law and
the by-law,
(a) may require specified portions of that amount to be
paid to the treasurer of the District Corporation on
or before specified dates; and
(b) may provide that the District Corporation shall pay
interest at a rate to be determined by the District
Council on any payment required, or portion there-
of, made in advance by any area municipality.
(9) The amount specified to be raised in an area municipal- Payment
ity pursuant to a district rating by-law shall be deemed to be
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
Default
taxes and is a debt of the area municipality to the District
Corporation and the treasurer of the area municipality shall
pay the amount owing by the area municipality to the trea-
surer of the District Corporation on or before the dates and in
the portions specified in the district rating by-law.
(10) If an area municipality fails to make any payment, or
portion thereof, as provided in the district rating by-law, the
area municipality shall pay to the District Corporation interest
on the amount in default at the rate of 15 per cent per annum
from the due date of the payment, or such lower rate as the
District Council may by by-law determine, from the date pay-
ment is due until it is made.
Extension of
time
Determi-
nation of
school rates
(11) The Minister by order may extend the time for passing
a district rating by-law in any year and such an order may be
made notwithstanding that the time limit set out in subsection
(2) has expired.
74a. — (1) In each year. The Muskoka Board of Educa-
tion, The Nipissing District Roman Catholic Separate School
Board, The Simcoe County Roman Catholic Separate School
Board and The West Parry Sound Board of Education shall
determine for the part of an area municipality which is within
the area of jurisdiction of the board the rates to be levied by
the applicable area municipality to provide the sums required
for elementary and secondary school purposes, as the case
may be, in that year and shall specify the amount that is to be
provided in that year by the application of those rates.
Idem (2) The determinations required by subsection (1) shall be
R.s.o. 1980, made in accordance with subsection 222 (1) of the Education
c. 129 . ^
Act,
Direction to
area munici-
palities
Area munici-
pality to levy
and collect
(3) On or before the 1st day of March in each year. The
Muskoka Board of Education, The Nipissing District Roman
Catholic Separate School Board, The Simcoe County Roman
Catholic Separate School Board and The West Parry Sound
Board of Education shall direct the council of each applicable
area municipality to levy the rates determined by the partic-
ular board under subsection (1) in respect of the area munici-
pality or the part thereof which is within the area of jurisdic-
tion of the board and shall advise the area municipality of the
amount of money to be raised by levying those rates.
(4) In each year, the council of an area municipality shall
levy rates in accordance with the directions under subsection
(3) upon all property in the area municipality rateable for
public school board or separate school board purposes, as may
be appropriate.
1989
DISTRICT MUN. OF MUSKOKA
Bill 34
(5) The full value of all applicable rateable property shall F"" ^aiue to
be used in determining, ^ "^^
(a) the weighted assessment for each area municipality
for purposes of apportioning among the applicable
area municipalities the sums required for school
purposes by the school boards mentioned in sub-
section (3);
(b) the rates mentioned in subsection (1); and
(c) the assessment upon which the rates are to be levied
under sections 128, 133 and 215 of the Education R s.o. 1980,
Act, , ''■'^''''
and notwithstanding any other Act, but subject to section 22
of the Assessment Act, no fixed assessment applies thereto.
(6) For the purposes of determining and levying rates under Definitions in
this section, a reference in the Education Act to "commercial c. 129, s. 220
assessment" or "residential and farm assessment" shall be
deemed to be a reference to such assessments as defined in
this Part and not as defined in section 220 of that Act.
(7) Subsection 219 (2) of the Education Act does not apply Non-
to the determination of rates under subsection (1). R^s.'a'Tm
c. 129,
s. 219 (2)
(8) Except as provided in this section, the Education Act Application
continues to apply to the levying of rates and collecting of r.s.o. i980,
taxes for each public school board and separate school board c. 129
having jurisdiction in part of the District Area.
74b. — (1) In this section.
Definitions
"area municipality levy" means the amount required for area
municipality purposes under section 164 of the Municipal R so. i980,
Act, including the sums required for any board, commission
or other body, but excluding those amounts required to be
raised for district and school purposes;
"special area municipality levy" means an amount to be raised
by an area municipality that is not included in the area
municipality levy, but excluding those amounts required to
be raised for district and school purposes.
(2) The council of each area municipality, in each year in Area mumd-
accordance with subsections (3) and (4), shall levy separate ^^'^
rates on the whole of the rateable commercial assessment and
on the whole of the rateable residential and farm assessment
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
in respect of the area municipality levy and the special area
municipality levy.
Determi- (3) jhc ratcs to be levied in each year on commercial
commercial asscssmeut for cach separate levy specified in subsection (2)
rates shall be determined by multiplying the sum required for each
such levy by 1,000 and dividing the product,
(a) by the weighted assessment for the area municipal-
ity, in the case of an area municipality levy; and
(b) by the weighted assessment determined on the basis
of the assessment that is rateable for the purpose of
raising the special area municipality levy, in the case
of a special area municipality levy.
Determi-
nation of
residential
rates
(4) The rates to be levied in each year on residential and
farm assessment for each separate levy specified in subsection
(2) shall be 85 per cent of the rate to be levied on commercial
assessment in accordance with subsection (3).
^°°ication of ^^^ Scctiou 158 of the Municipal Act and section 7 of the
R.s.o. 1980, Ontario Unconditional Grants Act do not apply to an area
c. 302, s. 158 municipality.
and c. 359, ^ ^
s. 7
"^Ht^ k""''^' ^^^ ^ reference in any other Act to a levy by a local munic-
paiy evy jpaijty under section 158 of the Municipal Act shall, with
respect to an area municipahty, be deemed to be a reference
to a levy under this section.
Tax-exempt
real property
(7) The assessment for real property that is exempt from
taxation for area municipality purposes by virtue of any Act
or by virtue of a by-law passed by the council of an area
municipality under any Act shall not be included when deter-
mining the weighted assessment for purposes of clause (3) (a)
or (b).
Interim
financing,
District
Council
74c. — (1) The District Council, before the adoption of the
estimates for the year, may by by-law requisition from each
area municipality a sum not exceeding 50 per cent of the
amount that under subsection 74 (8) was, in the district rating
by-law for the preceding year, specified to be raised in the
particular area municipality and subsections 74 (8), (9) and
(10) apply with necessary modifications to the amount requi-
sitioned.
hi'staim nt ^^^ ^^^ amouut of any requisition made under subsection
reduced (1) i^i any year upon an area municipality shall be deducted
when determining the amount of the portions to be paid in
1989
DISTRICT MUN. OF MUSKOKA
Bill 34
that year by the area municipality to the treasurer of the
District Corporation under the district rating by-law author-
ized by clause 74 (8) (a).
74d. — (1) The council of an area municipality may for any J"*^"™
year, before the adoption of the estimates for the year, levy areTmunid-
such rates as it may determine on the rateable commercial paiwes
assessment and on the rateable residential and farm assess-
ment in the area municipality.
(2) A by-law for levying rates under subsection (1) shall be By-law in
passed in the year that the rates are to be levied or may be preceding"^ °
passed in December of the preceding year if it provides that it year
does not come into force until a specified day in the following
year.
(3) The rate that may be levied on any assessment under Determi-
subsection (1) shall not exceed 50 per cent of the total of the "ate^" °
rates that were levied or would have been levied on that
assessment for all purposes in the preceding year.
(4) If the assessment roll for taxation in the current year Assessment
has not been returned, the rate levied under subsection (1)
may be levied on the assessment according to the assessment
roll used for taxation purposes in the preceding year.
(5) The amount of any levy made on an assessment under interim levy
subsection (1) shall be deducted from the total amount levied from final
on that assessment for that year under sections 74, 74a and len
74b.
(6) If the taxes levied on an assessment for real property or ^"'^j^*'"^^^
on a business assessment under this section exceed the taxes final levy
to be levied on that assessment for the year under sections 74,
74a and 74b, the treasurer of the area municipality shall, not
later than twenty-one days following the giving of a notice of
demand of taxes payable, refund to the person assessed that
portion of the taxes paid in excess of the amount payable for
the year pursuant to a levy made under sections 74, 74a and
74b.
(7) The provisions of the Municipal Act with respect to the Application
levy of rates and the collection of taxes apply with necessary r.s.o. i980,
modifications to the levy of rates and collection of taxes under c. 302
this section.
74e. If a direction has been made under subsection 78 (1) l^^J^°^
that a new assessment roll be returned for taxation in the cur-
rent year, the Minister by order.
8 Bill 34 DISTRICT MUN. OF MUSKOKA 1989
(a) may prescribe the maximum sum that may be requi-
sitioned from each area municipality under sub-
section 74c (1); and
(b) may prescribe the maximum rates that may be lev-
ied by the council of each area municipality under
subsection 74d (1).
Definitions 75. — (1) In this scction,
"payment in lieu of taxes" means an amount that an area
municipality is eligible to receive under,
R.s.o. 1980, (a) subsection 26 (3), (4) or (5) of the Assessment Act,
R.s.o. 1980, (b) subsection 7 (6) of the Housing Development Act,
but not including that portion payable to a school
board in accordance with subsection 7 (10) of that
Act,
R.s.o. 1980, (c) section 160 and subsection 160a (3) of the Munici-
pal Act,
R.s.o. 1980, (d) subsection 4 (1), (2) or (3) of the Municipal Tax
Assistance Act,
R.s.o. 1980, (e) section 42 of the Ontario Water Resources Act,
c. 361 ^ ^ '
R.S.O. 1980, (f) subsection 46 (2), (3), (4) or (5) of the Power
Corporation Act, but not including that portion pay-
able to a school board in accordance with sub-
section 46 (9) of that Act,
R.s.o. 1980, (g) section 10 or 11 of the Trees Act,
c. 510 ^°^ '
f'u^u^^^' (^^ ^^^ Municipal Grants Act (Canada), or
(i) any Act of Ontario or of Canada or any agreement
where the payment is from any government or gov-
ernment agency and is in lieu of taxes on real prop-
erty or business assessment, but not including a pay-
ment referred to in sections 498 and 498a of the
Municipal Act;
"taxes for district purposes" means the sum of the taxes levied
by an area municipality for district purposes as specified in
the district rating by-law under subsection 74 (2) and in
respect of water and sewer purposes under sections 24 and
25, excluding any adjustments under section 32 or 33 of the
Assessment Act;
1989 DISTRICT MUN. OF MUSKOKA Bill 34 9
"taxes for local purposes" means the taxes levied by an area
municipality for local purposes under subsection 74b (2),
excluding any adjustments under section 32 or 33 of the
Assessment Act; RS.o. 1980,
c. 31
"total taxes for all purposes" means the sum of the taxes for
local purposes, the taxes for district purposes and the taxes
levied by the area municipality for school purposes under
subsection 74a (1), excluding any adjustments under section
32 or 33 of the Assessment Act.
(2) If an area municipality is eligible to receive a payment '^•^^a munid-
in lieu of taxes for any year, it shall pay to the treasurer of the share^* ^°
District Corporation a portion equal to the amount obtained payments in
by multiplying the amount that the area municipality is eligi- ''^" °^ ^^^^*
ble to receive by the quotient, correct to five decimal places,
obtained by dividing the taxes for district purposes for the
year by the total of,
(a) the taxes for local purposes for the year; and
(b) the taxes for district purposes for the year.
(3) Notwithstanding subsection (2), if an area municipality sharing of
is eligible to receive a payment in lieu of taxes for any year payments
under,
(a) subsection 26 (3), (4) or (5) of the Assessment Act;
(b) section 42 of the Ontario Water Resources Act; R s.o. i980,
^ ^ ' c. 361
(c) subsection 46 (2), (3), (4) or (5) of the Power RS.o. i980,
Corporation Act, but not including that portion pay-
able to a school board in accordance with sub-
section 46 (9) of that Act;
(d) section 10 or 11 of the Trees Act; or R s^o. i980,
(e) the Municipal Grants Act (Canada), ^ mS's^^^^'
and the calculation of the payment is based in part on the
rates that were levied for school purposes, then the portion to
be paid under subsection (2) shall be calculated by multiplying
the amount that the area municipality is eligible to receive by
the quotient, correct to five decimal places, obtained by divid-
ing the taxes for district purposes for the year by the total
taxes for all purposes for the year.
(4) The treasurer of each area municipality shall, on or Treasurer to
before the 1st day of March in each year, send a statement to esdmaL of
share
10
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
R.S.O. 1980,
cc. 209, 384
the treasurer of the District Corporation and each school
board showing an estimate of the amount that the area munic-
ipality will be required to pay to the District Corporation for
the year under subsection (2) and to each school board under
subsection 7 (10) of the Housing Development Act and under
subsection 46 (9) of the Power Corporation Act.
Allocation of (5) jf an area municipality is required to pay a portion of a
!i?J"S"taxe"s payment in lieu of taxes to the District Corporation under
subsection (2), or to a school board, the provisions of,
R.S.O. 1980,
c. 31
(a) subsections 26 (7) and (9) of the Assessment Act;
(b) subsection 7 (10) of the Housing Development Act;
(c) subsections 160 (12) and (16) and subsection
R.S.O. 1980, 160a (4) of the Municipal Act; and
(d) subsection 46 (7) of the Power Corporation Act,
with respect to the equalization of assessment or allocation
and deposit of payments shall not apply to that entitlement.
Payment of 75, — (i^ Each area municipality shall pay a portion of the
telephone tax Icvied by it under subsections 161 (12) and (13) of the
and telegraph Municipal Act to the District Corporation and the appropriate
public school boards in the proportion that the taxes levied by
it on commercial assessment in the year for each such body
bears to the total taxes levied by it in the year on commercial
assessment for all purposes, other than separate school board
purposes.
Exclusion of (2) In determining the taxes levied on commercial assess-
to collector's mcut Under subsection (1), there shall be excluded any adjust-
roii ments under section 32 or 33 of the Assessment Act.
Statement by (3) jhc treasurer of each area municipality shall, on or
before the 1st day of March in each year, send a statement to
the treasurer of the District Corporation and the appropriate
public school boards showing an estimate of the amount which
the area municipality will be required to pay to that body for
the year under subsection (1).
r'^s o'T9S ^^^ Subsections 161 (18) to (24) of the Municipal Act do not
c. 302, ' apply if payments are made by an area municipality under
s. 161 '(18-24) subsection (1).
Payment in
lieu and
telephone
and telegraph
levies
77. — (1) An amount payable by an area municipality to,
1989
DISTRICT MUN. OF MUSKOKA
Bill 34
11
(a) the District Corporation under subsection 75 (2) or
76(1);
(b) a public school board under subsection 76 (1); or
(c) a school board under subsection 7 (10) of the
Housing Development Act or under subsection ^^^O; 1980,
46 (9) of the Power Corporation Act,
cc. 209, 384
is a debt of the area municipality to the District Corporation
or school board, as the case may be, and, subject to sub-
sections (2) and (3), instalments are payable on account
thereof as follows:
1. A first instalment of 25 per cent of the amount pay-
able for the same purposes in the preceding year,
on or before the 31st day of March.
2. A second instalment of 25 per cent of the amount
payable for the same purposes in the preceding
year, on or before the 30th day of June.
3. A third instalment of 25 per cent of the amount
payable for the same purposes in the preceding
year, on or before the 30th day of September.
4. A fourth instalment of the balance of the entitle-
ment for the year, on or before the 15th day of
December.
(2) The District Council may by by-law provide for an Alternative
alternative number of instalments and due dates for amounts L^heduk
payable by area municipalities to the District Corporation
under subsection (1).
(3) If a school board having jurisdiction within the District wem
Area has established an agreement which applies to one or
more area municipalities in accordance with subsection 215 (3)
of the Education Act, the number of instalments and due
dates specified in that agreement shall apply with necessary
modifications to those amounts otherwise payable to the
school board under subsection (1).
R.S.O. 1980,
c. 129
(4) An amount payable by an area municipality under sub- General
section 75 (2) or 76 (1) or under subsection 7 (10) of the
Housing Development Act or under subsection 46 (9) of the ^-S;,^^ ^^^'
Power Corporation Act shall be credited by the District Cor-
poration or school board to its general revenues.
cc. 209, 384
12
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
Default (5) If an area municipality fails to make any payment as
provided under subsection (1) or as altered under subsection
(2) or (3), the area municipality shall pay to the District Cor-
poration or school board, as applicable, interest on the
amount past due at the rate of 15 per cent per annum, or at
such lower rate as the school board or District Corporation
may by by-law determine from time to time.
Overpayment (6) jf the total amouut paid for the year under subsection
(1), (2) or (3) exceeds the total amount payable for that pur-
pose in the year, the area municipality shall notify the District
Corporation or the school board, as the case may be, of the
amount of the overpayment and the District Corporation or
school board shall forthwith pay that amount to the area
municipality.
District-wide
assessment
update
78. — (1) If the Minister of Revenue considers that any
parcel or parcels of real property within the District Area are
assessed inequitably with respect to the assessment of any
other parcel or parcels of real property in the District Area,
the Minister of Revenue may direct that such changes be
made in the assessment to be contained in the assessment roll
next to be returned for each area municipality as will, in the
opinion of the Minister of Revenue, eliminate or reduce ine-
qualities in the assessment of real property in the District
Area.
Date for new
assessment
roll
When
direction
effective
Application
of new
assessment
roll
(2) If a direction is made under subsection (1), the Minister
of Revenue may, for that purpose, name a day upon which
the assessment commissioner for the District Area shall return
a new assessment roll for the assessment at market value of
real property in all area municipalities in the District Area.
(3) A direction under subsection (1) is effective upon publi-
cation of a notice of the direction in The Ontario Gazette.
(4) If the assessment roll of an area municipality for taxa-
tion in any year is changed pursuant to a direction of the
Minister of Revenue under subsection (1),
(a) the assessment roll to be returned for that area
municipality for taxation in that year shall be the
assessment roll as so changed and not the assess-
ment roll that would otherwise have been returned;
and
R.S.O.
c. 31
1980,
(b) the assessment roll to be returned in each year
following that year shall be the assessment roll
returned under clause (a) as amended, added to, or
otherwise altered under the Assessment Act up to
1989
DISTRICT MUN. OF MUSKOKA
Bill 34
13
the date when the assessment roll is returned in
each such following year.
(5) Notwithstanding subsection (4), if the assessor is of the Exception
|opinion that an assessment to be shown on the assessment roll
fto be returned is inequitable with respect to the assessment of
f similar real property in the vicinity, the assessor may alter the
rvalue of the assessment to the extent necessary to make the
[assessment equitable with the assessment of such similar real
[property.
(6) For the purpose of every Act, the assessment roll of an status of
[area municipality returned under subsection (4) shall be J^Jf^^""^"*
fdeemed to be the assessment roll of the area municipality
i returned under the Assessment Act. r.s.o. 1980,
c. 31
(7) In 1992 for purposes of taxation in 1993, the Minister of Mandatory
jtRevenue shall make a direction under subsection (1) for IffSatedroii
:hanges to be made to the assessment rolls of the area munici- ^ i992
[palities.
(8) In every fourth year following the most recent direction Mandatory
lunder subsection (1), the Minister of Revenue shall make a u^atldroii
direction under subsection (1) for changes to be made to the every fourth
assessment rolls of the area municipalities. ^^^^
(9) The Minister of Revenue shall not make a direction Resolution
mder subsection (1) unless the District Council by resolution '^^'^""'^
Ihas requested that a direction be made, but a resolution is not
Irequired for a direction of the Minister of Revenue required
(under subsection (7) or (8).
(10) Except as provided in subsections (1) and (11), the J'o^J^'°^Lq^
Assessment Act and the alterations, corrections, additions and c. si
amendments authorized by that Act apply to an assessment
roll returned under subsection (4).
(11) Subsections 63 (1) and (3) and sections 64 and 65 of ^^^em
the Assessment Act do not apply to an area municipality or to
the assessment roll of any area municipality in respect of 1989
and subsequent years.
(12) The Assessment Review Board, the Municipal Board Po^ej-s on
or any court, in determining the value at which any real prop- ^^^^
erty shall be assessed in any complaint, appeal, proceeding or
action, shall have reference to the value at which similar real
property in the vicinity is assessed, and the amount of any
assessment of real property shall not be altered unless the
Assessment Review Board, Municipal Board or court is satis-
fied that the assessment is inequitable with respect to the
14
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
No
amendment
to collector's
roll
R.S.O. 1980,
c. 31
assessment of similar real property in the vicinity, and in that
event the assessment of the real property shall not be altered
to any greater extent than is necessary to make the assessment
equitable with the assessment of such similar real property.
(13) No amendment shall be made to the assessment or a
collector's roll under clause 33 (a) of the Assessment Act until
the cumulative value of the increase since the date of the most
recent change to the assessment roll under a direction of the
Minister of Revenue under subsection (1) is at least in the
sum of $5,000 at market value.
Table of
rates for pipe
lines
(14) For purposes of subsection 24 (16) of ih&Assessment
Act, changes made in the assessment roll of an area munici-
pality under a direction of the Minister of Revenue under sub-
section (1) shall be deemed to be an assessment update of all
property within the area municipality under section 70 of the
Assessment Act.
Rights of
appeal
preserved
(15) Nothing in section 74, 74a or 74b in any way deprives
any person of any right of appeal provided for in the
Assessment Act or affects the operation of subsection 36 (6) of
that Act.
Direction
may be
retroactive
Pollution
control fund
Transition
R.S.O. 1980,
cc. 302, 129
Transition
R.S.O.
c. 121
1980,
(16) A direction made under subsection (1) may be made
retroactive to the 1st day of December of the year preceding
the year in which it was made.
3. Subsection 82 (3) of the said Act is repealed and the
following substituted therefor:
(3) The District Council shall establish and maintain a pol-
lution control fund and shall contribute to such fund, in each
year, the sum equivalent to a sum calculated at one-quarter of
one mill in the dollar upon the total residential and farm
assessment and commercial assessment for all area municipali-
ties in that year.
4. Notwithstanding subsection 164 (2) of the Municipal Act
or subsection 216 (2) of the Education Acty if the amount levied
by an area municipality for district purposes or school pur-
poses in 1988 differs from the sum the area municipality ought
to have levied for district purposes or school purposes, the area
municipality shall debit or credit such deficit or surplus, as
applicable, to the general funds of the municipality and not
revise the rates to be levied for such body in 1989.
5. — (1) Nothing in this Act affects the validity of an interim
levy made by the District Council or by the council of an area
municipality under section 76 of the District Municipality of
1989 DISTRICT MUN. OF MUSKOKA Bill 34 15
Muskoka Act as it existed before the coining into force of this
Act.
(2) Subsections 74 (8), (9) and (10), as re-enacted by section wem
2 of this Act, and subsection 74c (2), as enacted by section 2 of
this Act, of the District Municipality of Muskoka Act apply with ^-^.o- *'^'
necessary modifications to an interim levy made by the District
Council in 1989.
121
(3) Subsections 74d (4), (5) and (6), as enacted by section 2 we™
of this Act, of the District Municipality of Muskoka Act apply
with necessary modiflcations to an interim levy made by an
area municipality in 1989.
6. — (1) Subsection 130 (10) of the Education Acty being
chapter 129 of the Revised Statutes of Ontario, 1980, as re-
enacted by the Statutes of Ontario, 1988, chapter 23, section 8,
is repealed and the following substituted therefor:
(10) This section does not apply to The Haldimand-Norfolk Non-
Roman Catholic Separate School Board, The Nipissing Dis- ^pp"^^*'°"
trict Roman Catholic Separate School Board, The Simcoe
County Roman Catholic Separate School Board, The Sudbury
District Roman Catholic Separate School Board, The Water-
loo County Roman Catholic Separate School Board or to a
separate school board having jurisdiction wholly or partly in a
county where an assessment update has been carried out
under subsection 368b (2) of the Municipal Act. R so. i980,
c. 302
(2) Subsection 214 (7) of the said Act, as enacted by the
Statutes of Ontario, 1988, chapter 46, section 2, is repealed.
(3) Subsection 214 (17) of the said Act, as enacted by the
Statutes of Ontario, 1988, chapter 46, section 2, is repealed
and the following substituted therefor:
(17) Subsections (2) to (16) do not apply to an area munici-
pality in The District Municipality of Muskoka, The Regional
Municipality of Haldimand-Norfolk, The Regional Municipal-
ity of Sudbury, The Regional Municipality of Waterloo or to a
local municipality in a county where an assessment update has
been carried out under subsection 368b (2) of the Municipal
Act.
(4) Clause 214b (2) (b) of the said Act, as re-enacted by the
Statutes of Ontario, 1988, chapter 23, section 8, is repealed
and the following substituted therefor:
Non-
application
16
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
Non-
application
Conflict
R.S.O. 1980,
cc. 121, 435,
441, 442,
302
Commence-
ment
Short title
(b) The District Municipality of Muskoka, The
Regional Municipality of Haldimand-Norfolk or
The Regional Municipality of Waterloo.
(5) Subsection 214b (4) of the said Act, as enacted by the
Statutes of Ontario, 1987, chapter 17, section 3, is amended by
striking out '^The Regional Municipality of Haldimand-
Norfolk" in the ninth and tenth lines and inserting in lieu
thereof ^'The District Municipality of Muskoka, The Regional
Municipality of Haldimand-Norfolk or The Regional Munici-
pality of Waterloo".
(6) Subsection 222 (4) of the said Act, as re-enacted by the
Statutes of Ontario, 1988, chapter 23, section 8, is repealed
and the following substituted therefor:
(4) Subsection (2) does not apply to an area municipality in
The District Municipality of Muskoka, The Regional Munici-
pality of Haldimand-Norfolk, The Regional Municipality of
Sudbury, The Regional Municipality of Waterloo or a local
municipality in a county where an assessment update has been
carried out under subsection 368b (2) of the Municipal Act.
(7) Section 225 of the said Act, as re-enacted by the Statutes
of Ontario, 1988, chapter 23, section 8, is repealed and the
following substituted therefor:
225. In the event of a conflict between any provision in
sections 220 to 224 and any provision in any other Act, other
than the District Municipality of Muskoka Act, the Regional
Municipality of Haldimand-Norfolk Act, the Regional Munici-
pality of Sudbury Act, the Regional Municipality of Waterloo
Act and section 368d of the Municipal Act, the provisions in
sections 220 to 224 prevail.
7. This Act shall be deemed to have come into force on the
1st day of January, 1989.
8. The short title of this Act is the District Municipality of
Muskoka Statute Law Amendment Act, 1989.
BiU34
Gk>vernment Bill
2nd session, 34th LEGISLATURE, ONTARIO
38 ELIZABETH II, 1989
Bill 34
An Act to amend the District Municipality
of Muskoka Act and the Education Act
The Hon. J. Sweeney
Minister of Municipal Affairs
1st Reading June 19th, 1989
2nd Reading December 14th, 1989
3rd Reading
Royal Assent
(Reprinted as amended by the Committee of the Whole House)
Printed under authority of the Legislative Assembly by the
©Queen's Printer for Ontario
EXPLANATORY NOTES
The purpose of the Bill is to provide for the establishment of uniform upper tier anc
school mill rates throughout the District Area.
The District Municipality of Muskoka will be required to establish each year one
uniform residential and farm mill rate and one uniform commercial mill rate to apply
throughout the District Area. Each of the school boards operating within the District wil
also establish uniform residential and farm and uniform commercial mill rates to apply
within their particular area of jurisdiction. In order to accomplish this purpose, it is nec-
essary to introduce complementary amendments to the Education Act.
The Bill will also require that the portion of payment in lieu of taxes and telephon«|
and telegraph payments received by each area municipality that relate to the require
ments of the District Municipality and the school boards shall be paid directly to thosi
bodies.
The Bill will also require that the Ministry of Revenue conduct an update of th
assessment base in 1992 and at least every four years thereafter to reflect the subsequer
changes in market value.
Subsections 214 (17) and 214b (4) of the Education Act, concerning the apportior
ment of sums required by public school and separate school boards, are also amended ii
connection with school boards with jurisdiction within The Regional Municipality
Waterloo.
Bill 34 1989
An Act to amend the District Municipality
of Muskoka Act and the Education Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1, Section 71 of the District Municipality of Muskoka Act,
being chapter 121 of the Revised Statutes of Ontario, 1980, is
repealed and the following substituted therefor:
71. In this Part, Definitions
"commercial assessment" means the total, according to the
last returned assessment roll, of,
(a) the assessment of real property that is used as the
basis for computing business assessment including
the assessment for real property that is rented and
occupied or used by the Crown in right of Canada
or any province or any board, commission, corpora-
tion or other agency thereof, or by any municipal
corporation or the District Corporation or local
board thereof,
(b) business assessment, and
(c) the assessment for mineral lands, pipe lines and rail-
way lands, other than railway lands actually in use
for residential and farming purposes;
"district rating by-law" means a by-law passed under sub-
section 74 (2);
"public school board" means a divisional board, as defined in
paragraph 19 of subsection 1 (1) of the Education Act, that ^^-o '^^^'
has jurisdiction in the District Area;
"rateable property" includes business and other assessment
made under the Assessment Act: ^^P ^^^^'
c. 31
2 Bill 34 DISTRICT MUN. OF MUSKOKA 1989
"residential and farm assessment" means the total assessment
for real property according to the last returned assessment
roll except the assessments for real property mentioned in
clauses (a) and (c) of the definition of "commercial assess-
ment";
"separate school board" means a separate school board, as
R.s.o. 1980, defined in paragraph 59a of subsection 1 (1) of the Educa-
tion Act, that has jurisdiction in the District Area;
"weighted assessment" means, for the relevant area, the total
of,
(a) the product obtained by multiplying the residentia
and farm assessment by 85 per cent, and
(b) the commercial assessment.
2. Section 74 of the said Act, as amended by the Statutes of
Ontario, 1984, chapter 45, section 14, and sections 75, 76, 77
and 78 are repealed and the following substituted therefor:
Definition 74^ — (J) In this scction, "general district levy" means
sum sufficient,
(a) for payment of the estimated current annua
expenditures as adopted under section 73; and
(b) for payment of all debts of the District Corporation
falling due within the year as well as amounts
required to be raised for sinking funds and principal
and interest payments or sinking fund requirements
in respect of debenture debt of area municipalities
for the payment of which the District Corporation is
liable under this Act,
but excludes those amounts for water and sewage purposes
that are to be raised by a special rate or rates in accordance
with sections 24 and 25.
^rfr^Mv la.., (^) ^^^ purposes of raising the general district levy, the
District Council, on or before the 30th day of June in 1989
and on or before the 31st day of March in each subsequent
year, shall pass a by-law directing the council of each area
municipality to levy a separate rate, as specified in the by-law,
on the residential and farm assessment in the area municipal-
ity rateable for district purposes and on the commercial assess-
ment in the area municipality rateable for district purposes.
rating by-law
1989
DISTRICT MUN. OF MUSKOKA
Bill 34
(3) The rate that the District Council shall direct to be lev-
ied in each year on commercial assessment under subsection
(2) shall be determined by multiplying the general district levy
by 1 ,000 and dividing the product by the weighted assessments
for all the area municipalities.
Determi-
nation of
commercial
rate
(4) The rate that the District Council shall direct to be lev- Determi-
ied on the residential and farm assessment under subsection residential
(2) shall be 85 per cent of the rate that it directs to be levied rate
on commercial assessment.
(5) In each year, the council of each area municipality shall -^■'ea munici-
levy, in accordance with the district rating by-law passed for adojn rates
that year, the rates specified in the by-law.
(6) The assessment for real property that is exempt from Tax-exempt
• c J- ^ • 1-i e A !■ real property
taxation for district purposes by virtue of any Act or by virtue
of a by-law passed by the council of an area municipality
under any Act shall not be included when determining the
total of the weighted assessment for the purposes of sub-
section (3).
(7) The full value of all rateable property shall be used in F"" ^3]"^ to
determining,
(a) the rates to be levied under subsections (3) and (4);
and
(b) the assessment on which the levy shall be made
under subsection (5),
and, notwithstanding any other Act, but subject to section 22
of the Assessment Act, no fixed assessment applies thereto. RS.o. i980.
^^ c. 31
(8) A district rating by-law shall specify the amount to be '"^''''^^"^
raised in an area municipality as a result of a levy being made payments
in that area municipality in accordance with the by-law and
the by-law,
(a) may require specified portions of that amount to be
paid to the treasurer of the District Corporation on
or before specified dates; and
(b) may provide that the District Corporation shall pay
interest at a rate to be determined by the District
Council on any payment required, or portion there-
of, made in advance by any area municipality.
(9) The amount specified to be raised in an area municipal- Payment
ity pursuant to a district rating by-law shall be deemed to be
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
Default
taxes and is a debt of the area municipality to the District
Corporation and the treasurer of the area municipality shall
pay the amount owing by the area municipality to the trea-
surer of the District Corporation on or before the dates and in
the portions specified in the district rating by-law.
(10) If an area municipality fails to make any payment, or
portion thereof, as provided in the district rating by-law, the
area municipality shall pay to the District Corporation interest
on the amount in default at the rate of 15 per cent per annum
from the due date of the payment, or such lower rate as the
District Council may by by-law determine, from the date pay-
ment is due until it is made.
Extension of
time
Determi-
nation of
school rates
(11) The Minister by order may extend the time for passing
a district rating by-law in any year and such an order may be
made notwithstanding that the time limit set out in subsection
(2) has expired.
74a. — (1) In each year. The Muskoka Board of Educa-
tion, The Nipissing District Roman Catholic Separate School
Board, The Simcoe County Roman Catholic Separate School
Board and The West Parry Sound Board of Education shall
determine for the part of an area municipality which is within
the area of jurisdiction of the board the rates to be levied by
the applicable area municipality to provide the sums required
for elementary and secondary school purposes, as the case
may be, in that year and shall specify the amount that is to be
provided in that year by the application of those rates.
Idem (2) The determinations required by subsection (1) shall be
R.s.o. 1980. made in accordance with subsection 222 (1) of the Education
c. 129 . ,
Act.
Direction to
area munici-
palities
Area munici-
pality to levy
and collect
(3) On or before the 1st day of March in each year. The
Muskoka Board of Education, The Nipissing District Roman
Catholic Separate School Board, The Simcoe County Roman
Catholic Separate School Board and The West Parry Sound
Board of Education shall direct the council of each applicable
area municipality to levy the rates determined by the partic-
ular board under subsection (1) in respect of the area munici-
pality or the part thereof which is within the area of jurisdic-
tion of the board and shall advise the area municipality of the
amount of money to be raised by levying those rates.
(4) In each year, the council of an area municipality shall
levy rates in accordance with the directions under subsection
(3) upon all property in the area municipality rateable for
public school board or separate school board purposes, as may
be appropriate.
1989
DISTRICT MUN. OF MUSKOKA
Bill 34
(5) The full value of all applicable rateable property shall F"" ^^ju^ to
be used in determining.
be used
(a) the weighted assessment for each area municipality
for purposes of apportioning among the applicable
area municipalities the sums required for school
purposes by the school boards mentioned in sub-
section (3);
(b) the rates mentioned in subsection (1); and
(c) the assessment upon which the rates are to be levied
under sections 128, 133 and 215 of the Education RS.o. i980.
Act, -• '2^' ''
and notwithstanding any other Act, but subject to section 22
of the Assessment Act, no fixed assessment applies thereto.
(6) For the purposes of determining and levying rates under Definitions in
this section, a reference in the Education Act to "commercial c. 129, s. 226
assessment" or ''residential and farm assessment" shall be
deemed to be a reference to such assessments as defined in
this Part and not as defined in section 220 of that Act.
(7) Subsection 219 (2) of the Education Act does not apply ^on-
to the determination of rates under subsection (1). R's.'a'igiso.
c. 129,
s. 219 (2)
(8) Except as provided in this section, the Education Act Application
continues to apply to the levying of rates and collecting of r.s.o. i980.
taxes for each public school board and separate school board c. 129
having jurisdiction in part of the District Area.
74b. — (1) In this section.
Definitions
"area municipality levy" means the amount required for area
municipality purposes under section 164 of the Municipal f^^o. i980.
Act, including the sums required for any board, commission
or other body, but excluding those amounts required to be
raised for district and school purposes;
"special area municipality levy" means an amount to be raised
by an area municipality that is not included in the area
municipality levy, but excluding those amounts required to
be raised for district and school purposes.
(2) The council of each area municipality, in each year in Area munici-
accordance with subsections (3) and (4), shall levy separate ''^'^
rates on the whole of the rateable commercial assessment and
on the whole of the rateable residential and farm assessment
6
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
Determi-
nation of
commercial
rates
Determi-
nation of
residential
rates
in respect of the area municipality levy and the special area
municipality levy.
(3) The rates to be levied in each year on commercial
assessment for each separate levy specified in subsection (2)
shall be determined by multiplying the sum required for each
such levy by 1 ,000 and dividing the product,
(a) by the weighted assessment for the area municipal-
ity, in the case of an area municipality levy; and
(b) by the weighted assessment determined on the basis
of the assessment that is rateable for the purpose of
raising the special area municipality levy, in the case
of a special area municipality levy.
(4) The rates to be levied in each year on residential and
farm assessment for each separate levy specified in subsection
(2) shall be 85 per cent of the rate to be levied on commercial
assessment in accordance with subsection (3).
Non-
application of
R.S.O. 1980,
c. 302, s. 158
and c. 359.
s. 7
Area munici-
pality levy
Tax-exempt
real property
Interim
financing.
District
Council
(5) Section 158 of the Municipal Act and section 7 of the
Ontario Unconditional Grants Act do not apply to an area
municipality.
(6) A reference in any other Act to a levy by a local munic-
ipality under section 158 of the Municipal Act shall, with
respect to an area municipality, be deemed to be a reference
to a levy under this section.
(7) The assessment for real property that is exempt from
taxation for area municipality purposes by virtue of any Act
or by virtue of a by-law passed by the council of an area
municipality under any Act shall not be included when deter-
mining the weighted assessment for purposes of clause (3) (a)
or (b).
74c. — (1) The District Council, before the adoption of the
estimates for the year, may by by-law requisition from each
area municipality a sum not exceeding 50 per cent of the
amount that under subsection 74 (8) was, in the district rating
by-law for the preceding year, specified to be raised in the
particular area municipality and subsections 74 (8), (9) and
(10) apply with necessary modifications to the amount requi-
sitioned.
Final
instalment
reduced
(2) The amount of any requisition made under subsection
(1) in any year upon an area municipality shall be deducted
when determining the amount of the portions to be paid in
1989
DISTRICT MUN. OF MUSKOKA
Bill 34
that year by the area municipality to the treasurer of the
District Corporation under the district rating by-law author-
ized by clause 74 (8) (a).
74d. — (1) The council of an area municipality may for any interim
year, before the adoption of the estimates for the year, levy areTrmfnici-
such rates as it may determine on the rateable commercial pa'ities
assessment and on the rateable residential and farm assess-
ment in the area municipality.
(2) A by-law for levying rates under subsection (1) shall be By-iaw in
passed in the year that the rates are to be levied or may be preceding^ °
passed in December of the preceding year if it provides that it year
does not come into force until a specified day in the following
year.
(3) The rate that may be levied on any assessment under Determi-
subsection (1) shall not exceed 50 per cent of the total of the rate°" °
rates that were levied or would have been levied on that
assessment for all purposes in the preceding year.
(4) If the assessment roll for taxation in the current year Assessment
has not been returned, the rate levied under subsection (1)
may be levied on the assessment according to the assessment
roll used for taxation purposes in the preceding year.
(5) The amount of any levy made on an assessment under interim levy
subsection (1) shall be deducted from the total amount levied from final
on that assessment for that year under sections 74, 74a and 'evy
74b.
(6) If the taxes levied on an assessment for real property or Interim levy
^ ' , . 11- • 1 1 in excess of
on a busmess assessment under this section exceed the taxes final levy
to be levied on that assessment for the year under sections 74,
74a and 74b, the treasurer of the area municipality shall, not
later than twenty-one days following the giving of a notice of
demand of taxes payable, refund to the person assessed that
portion of the taxes paid in excess of the amount payable for
the year pursuant to a levy made under sections 74, 74a and
74b.
(7) The provisions of the Municipal Act with respect to the Application
levy of rates and the collection of taxes apply with necessary r.s.o. i980.
modifications to the levy of rates and collection of taxes under c. 302
this section.
74e. If a direction has been made under subsection 78 (1) f^^er of
Minister
that a new assessment roll be returned for taxation in the cur-
rent year, the Minister by order.
8 Bill 34 DISTRICT MUN. OF MUSKOKA 1989
(a) may prescribe the maximum sum that may be requi-
sitioned from each area municipality under sub-
section 74c (1); and
(b) may prescribe the maximum rates that may be lev-
ied by the council of each area municipality under
subsection 74d (1).
Definitions 75, — (]) In this section,
"payment in lieu of taxes" means an amount that an area
municipality is eligible to receive under,
R.s.o. 1980, (a) subsection 26 (3), (4) or (5) of the Assessment Act,
c. 31
R.S.O. 1980. (b) subsection 7 (6) of the Housing Development Act,
'^^ ^^ but not including that portion payable to a school
board in accordance with subsection 7 (10) of that
Act,
R.s.o. 1980, (c) section 160 and subsection 160a (3) of the Munici-
c. 302
pal Act,
R.s.o. 1980, (d) subsection 4 (1), (2) or (3) of the Municipal Tax
c. 311
Assistance Act,
R.s.o. 1980, (e) section 42 of the Ontario Water Resources Act,
c. 361 ^ '
R.s.o. 1980, (f) subsection 46 (2), (3), (4) or (5) of the Power
*^- ^^'^ Corporation Act, but not including that portion pay-
able to a school board in accordance with sub-
section 46 (9) of that Act,
R.s.o. 1980. (a) section 10 or 1 1 of the Trees Act,
c. 510 ^^^
R.s.c. 1985. (h) the Municipal Grants Act (Canada), or
(i) any Act of Ontario or of Canada or any agreement
where the payment is from any government or gov-
ernment agency and is in lieu of taxes on real prop-
erty or business assessment, but not including a pay-
ment referred to in sections 498 and 498a of the
Municipal Act;
"taxes for district purposes" means the sum of the taxes levied
by an area municipality for district purposes as specified in
the district rating by-law under subsection 74 (2) and in
respect of water and sewer purposes under sections 24 and
25, excluding any adjustments under section 32 or 33 of the
Assessment Act;
1989 DISTRICT MUN. OF MUSKOKA Bill 34 9
"taxes for local purposes" means the taxes levied by an area
municipality for local purposes under subsection 74b (2),
excluding any adjustments under section 32 or 33 of the
Assessment Act; Rs.o. 1980,
c. 31
"total taxes for all purposes" means the sum of the taxes for
local purposes, the taxes for district purposes and the taxes
levied by the area municipality for school purposes under
subsection 74a (1), excluding any adjustments under section
32 or 33 of the Assessment Act.
(2) If an area municipality is eligible to receive a payment Area munid-
in lieu of taxes for any year, it shall pay to the treasurer of the ^harT^ *°
District Corporation a portion equal to the amount obtained payments in
by multiplying the amount that the area municipality is eligi- ''^" °^ ^^^^^
ble to receive by the quotient, correct to five decimal places,
obtained by dividing the taxes for district purposes for the
year by the total of,
(a) the taxes for local purposes for the year; and
(b) the taxes for district purposes for the year.
(3) Notwithstanding subsection (2), if an area municipality sharing of
is eligible to receive a payment in lieu of taxes for any year payments
under,
(a) subsection 26 (3), (4) or (5) of the Assessment Act;
(b) section 42 of the Ontario Water Resources Act; R so. i980,
c. 361
(c) subsection 46 (2), (3), (4) or (5) of the Power R s.o
1980.
c. 384
Corporation Act, but not including that portion pay-
able to a school board in accordance with sub-
section 46 (9) of that Act;
(d) section 10 or 1 1 of the Trees Act; or RS.o. i980.
^ ^ ' c. 510
(e) the Municipal Grants Act (Canada), '^ mSs'^^^'
and the calculation of the payment is based in part on the
rates that were levied for school purposes, then the portion to
be paid under subsection (2) shall be calculated by multiplying
the amount that the area municipality is eligible to receive by
the quotient, correct to five decimal places, obtained by divid-
ing the taxes for district purposes for the year by the total
taxes for all purposes for the year.
(4) The treasurer of each area municipality shall, on or Treasurer to
before the 1st day of March in each year, send a statement to est'imafe of
share
10
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
R.S.O. 1980.
cc. 209. 384
the treasurer of the District Corporation and each school
board showing an estimate of the amount that the area munic-
ipality will be required to pay to the District Corporation for
the year under subsection (2) and to each school board under
subsection 7 (10) of the Housing Development Act and under
subsection 46 (9) of the Power Corporation Act.
Allocation of (5) If an area municipality is required to pay a portion of a
UeuTnax'e" payment in lieu of taxes to the District Corporation under
subsection (2), or to a school board, the provisions of,
R.S.O. 1980.
c. 31
(a) subsections 26 (7) and (9) of the Assessment Act;
(b) subsection 7 (10) of the Housing Development Act;
(c) subsections 160 (12) and (16) and subsection
R s.o. 1980. 160a (4) of the Municipal Act; and
(d) subsection 46 (7) of the Power Corporation Act,
with respect to the equalization of assessment or allocation
and deposit of payments shall not apply to that entitlement.
Payment of 75^ — (]) Each area municipality shall pay a portion of the
telephone tax levied by it under subsections 161 (12) and (13) of the
and telegraph Municipal Act to the District Corporation and the appropriate
'^^ public school boards in the proportion that the taxes levied by
it on commercial assessment in the year for each such body
bears to the total taxes levied by it in the year on commercial
assessment for all purposes, other than separate school board
purposes.
(2) In determining the taxes levied on commercial assess-
Exclusion of
to^coiiectors Hient Under subsection (1), there shall be excluded any adjust-
ro" ments under section 32 or 33 of the Assessment Act.
Statement by
treasurer
(3) The treasurer of each area municipality shall, on or
before the 1st day of March in each year, send a statement to
the treasurer of the District Corporation and the appropriate
public school boards showing an estimate of the amount which
the area municipality will be required to pay to that body for
the year under subsection (1).
Exclusion of (4) Subsections 161 (18) to (24) of the Municipal Act do not
c 302 " apply if payments are made by an area municipality under
s. 161 (18-24) subsection (1).
Payment in
lieu and
telephone
and telegraph
levies
77. — (1) An amount payable by an area municipality to.
1989 DISTRICT MUN. OF MUSKOKA Bill 34 11
(a) the District Corporation under subsection 75 (2) or
76(1);
(b) a public school board under subsection 76 (1); or
(c) a school board under subsection 7 (10) of the
Housing Development Act or under subsection RS.o. i980,
46 (9) of the Power Corporation Act,
is a debt of the area municipality to the District Corporation
or school board, as the case may be, and, subject to sub-
sections (2) and (3), instalments are payable on account
thereof as follows:
1. A first instalment of 25 per cent of the amount pay-
able for the same purposes in the preceding year,
on or before the 31st day of March.
2. A second instalment of 25 per cent of the amount
payable for the same purposes in the preceding
year, on or before the 30th day of June.
3. A third instalment of 25 per cent of the amount
payable for the same purposes in the preceding
year, on or before the 30th day of September.
4. A fourth instalment of the balance of the entitle-
ment for the year, on or before the 15th day of
December.
(2) The District Council may by by-law provide for an Alternative
alternative number of instalments and due dates for amounts Schedule
payable by area municipalities to the District Corporation
under subsection (1).
(3) If a school board having jurisdiction within the District ^^^^
Area has established an agreement which applies to one or
more area municipalities in accordance with subsection 215 (3)
of the Education Act, the number of instalments and due ^-^.^ '^^^■
dates specified in that agreement shall apply with necessary
modifications to those amounts otherwise payable to the
school board under subsection (1).
(4) An amount payable by an area municipality under sub- General
1 ^ revenues
section 75 (2) or 76 (1) or under subsection 7 (10) of the
Housing Development Act or under subsection 46 (9) of the ^-^-^ 'l^^*-
Power Corporation Act shall be credited by the District Cor-
poration or school board to its general revenues.
12
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
Default
(5) If an area municipality fails to make any payment as
provided under subsection (1) or as altered under subsection
(2) or (3), the area municipality shall pay to the District Cor-
poration or school board, as applicable, interest on the
amount past due at the rate of 15 per cent per annum, or at
such lower rate as the school board or District Corporation
may by by-law determine from time to time.
Overpayment (5) jf the total amount paid for the year under subsection
(1), (2) or (3) exceeds the total amount payable for that pur-
pose in the year, the area municipality shall notify the District
Corporation or the school board, as the case may be, of the
amount of the overpayment and the District Corporation or
school board shall forthwith pay that amount to the area
municipality.
District-wide
assessment
update
78, — (1) If the Minister of Revenue considers that any
parcel or parcels of real property within the District Area are
assessed inequitably with respect to the assessment of any
other parcel or parcels of real property in the District Area,
the Minister of Revenue may direct that such changes be
made in the assessment to be contained in the assessment roll
next to be returned for each area municipality as will, in the
opinion of the Minister of Revenue, eliminate or reduce ine-
qualities in the assessment of real property in the District
Area.
Date for new
assessment
roil
(2) If a direction is made under subsection (1), the Minister
of Revenue may, for that purpose, name a day upon which
the assessment commissioner for the District Area shall return
a new assessment roll for the assessment at market value of
real property in all area municipalities in the District Area.
When
directit)n
effective
(3) A direction under subsection (1) is effective upon publi-
cation of a notice of the direction in The Ontario Gazette.
Application (4) Jf the asscssmcnt roll of an area municipality for taxa-
assessment tion in any year is changed pursuant to a direction of the
roll Minister of Revenue under subsection (1),
(a) the assessment roll to be returned for that area
municipality for taxation in that year shall be the
assessment roll as so changed and not the assess-
ment roll that would otherwise have been returned;
and
R.S.O. 1980.
c. 31
(b) the assessment roll to be returned in each year
following that year shall be the assessment roll
returned under clause (a) as amended, added to, or
otherwise altered under the Assessment Act up to
1989
DISTRICT MUN. OF MUSKOKA
Bill 34
13
the date when the assessment roll is returned in
each such following year.
(5) Notwithstanding subsection (4), if the assessor is of the Exception
opinion that an assessment to be shown on the assessment roll
to be returned is inequitable with respect to the assessment of
similar real property in the vicinity, the assessor may alter the
value of the assessment to the extent necessary to make the
assessment equitable with the assessment of such similar real
property.
(6) For the purpose of every Act, the assessment roll of an Status of
area municipality returned under subsection (4) shall be ^^^j"^'"^"
deemed to be the assessment roll of the area municipality
returned under the Assessment Act. r.s.o. i980.
.^^ c. 31
(7) In 1993 for purposes of taxation in 1994, the Minister of Mandatory
Revenue shall make a direction under subsection (1) for ITpdatedroii
changes to be made to the assessment rolls of the area 'n '993
municipalities. -^^
(8) In every fourth year following the most recent direction Mandatory
under subsection (1), the Minister of Revenue shall make a updat"ed roii
direction under subsection (1) for changes to be made to the every fourth
assessment rolls of the area municipalities. ^^^^
(9) The Minister of Revenue shall not make a direction
under subsection (1) unless the District Council by resolution
has requested that a direction be made, but a resolution is not
required for a direction of the Minister of Revenue required
under subsection (7) or (8).
Resolution
required
(10) Except as provided in subsections (1) and (11), the ^ s^g'^^JJ^^
Assessment Act and the alterations, corrections, additions and c. 3i
amendments authorized by that Act apply to an assessment
roll returned under subsection (4).
(11) Subsections 63 (1) and (3) and sections 64 and 65 of i^em
the Assessment Act do not apply to an area municipality or to
the assessment roll of any area municipality in respect of 1989
and subsequent years.
(12) The Assessment Review Board, the Municipal Board
or any court, in determining the value at which any real prop-
erty shall be assessed in any complaint, appeal, proceeding or
action, shall have reference to the value at which similar real
property in the vicinity is assessed, and the amount of any
assessment of real property shall not be altered unless the
Assessment Review Board, Municipal Board or court is satis-
fied that the assessment is inequitable with respect to the
Powers on
appeal
14
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
No
amendment
to collectors
roll
R.S.O. 1980.
c. 31
assessment of similar real property in the vicinity, and in that
event the assessment of the real property shall not be altered
to any greater extent than is necessary to make the assessment
equitable with the assessment of such similar real property.
(13) No amendment shall be made to the assessment or a
collector's roll under clause 33 (a) of the Assessment Act until
the cumulative value of the increase since the date of the most
recent change to the assessment roll under a direction of the
Minister of Revenue under subsection (1) is at least in the
sum of $5,000 at market value.
Table of
rates for pipe
lines
(14) For purposes of subsection 24 (16) of XhcAssessment
Act, changes made in the assessment roll of an area munici-
pality under a direction of the Minister of Revenue under sub-
section (1) shall be deemed to be an assessment update of all
property within the area municipality under section 70 of the
Assessment Act.
Rights of
appeal
preserved
(15) Nothing in section 74, 74a or 74b in any way deprives
any person of any right of appeal provided for in the
Assessment Act or affects the operation of subsection 36 (6) of
that Act.
Direction
may be
retroactive
Deeming
R.S.O. 1980.
c. 302
Pollution
control fund
Transition
R.S.O. 1980.
cc. 302. 129
(16) A direction made under subsection (1) may be made
retroactive to the 1st day of December of the year preceding
the year in which it was made.
(17) For the purposes of sections 362 and 363 of the
Municipal Act, the District Corporation shall be deemed to be
a municipality. -^^
3. Subsection 82 (3) of the said Act is repealed and the
following substituted therefor:
(3) The District Council shall establish and maintain a pol-
lution control fund and shall contribute to such fund, in each
year, the sum equivalent to a sum calculated at one-quarter of
one mill in the dollar upon the total residential and farm
assessment and commercial assessment for all area municipali-
ties in that year.
4. Notwithstanding subsection 164 (2) of the Municipal Act
or subsection 216 (2) of the Education Act, if the amount levied
by an area municipality for district purposes or school pur-
poses in 1988 differs from the sum the area municipality ought
to have levied for district purposes or school purposes, the area
municipality shall debit or credit such deficit or surplus, as
applicable, to the general funds of the municipality and not
revise the rates to be levied for such body in 1989.
1989
DISTRICT MUN. OF MUSKOKA
Bill 34
15
5. — (1) Nothing in this Act affects the validity of an interim Transition
levy made by the District Council or by the council of an area
municipality under section 76 of the District Municipality of '*-^;9' *^^'
Muskoka Act as it existed before the coming into force of this
Act.
c. 121
(2) Subsections 74 (8), (9) and (10), as re-enacted by section "em
2 of this Act, and subsection 74c (2), as enacted by section 2 of
this Act, of the District Municipality of Muskoka Act apply with ^■^;^^- •^*''
necessary modifications to an interim levy made by the District
Council in 1989.
121
(3) Subsections 74d (4), (5) and (6), as enacted by section 2 "em
of this Act, of the District Municipality of Muskoka Act apply
with necessary modifications to an interim levy made by an
area municipality in 1989.
6. — (1) Subsection 130 (10) of the Education Act, being
chapter 129 of the Revised Statutes of Ontario, 1980, as re-
enacted by the Statutes of Ontario, 1988, chapter 23, section 8,
is repealed and the following substituted therefor:
(10) This section does not apply to The Haldimand-Norfolk Non
Roman Catholic Separate School Board, The Nipissing Dis-
trict Roman Catholic Separate School Board, The Simcoe
County Roman Catholic Separate School Board, The Sudbury
District Roman Catholic Separate School Board, The Water-
loo County Roman Catholic Separate School Board or to a
separate school board having jurisdiction wholly or partly in a
county where an assessment update has been carried out
under subsection 368b (2) of the Municipal Act.
(2) Subsection 214 (7) of the said Act, as enacted by the
Statutes of Ontario, 1988, chapter 46, section 2, is repealed.
(3) Subsection 214 (17) of the said Act, as enacted by the
Statutes of Ontario, 1988, chapter 46, section 2, is repealed
and the following substituted therefor:
(17) Subsections (2) to (16) do not apply to an area munici-
pality in The District Municipality of Muskoka, The Regiona
Municipality of Haldimand-Norfolk, The Regional Municipal
ity of Sudbury, The Regional Municipality of Waterloo or to a
local municipality in a county where an assessment update has
been carried out under subsection 368b (2) of the Municipal
Act.
application
R.S.O. 1980.
c. 302
Non-
application
(4) Clause 214b (2) (b) of the said Act, as re-enacted by the
Statutes of Ontario, 1988, chapter 23, section 8, is repealed
and the following substituted therefor:
16
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
(b) The District Municipality of Muskoka, The
Regional Municipality of Haldimand-Norfolk or
The Regional Municipality of Waterloo.
(5) Subsection 214b (4) of the said Act, as enacted by the
Statutes of Ontario, 1987, chapter 17, section 3, is amended by
striking out "The Regional Municipality of Haldimand-
Norfolk" in the ninth and tenth lines and inserting in lieu
thereof "The District Municipality of Muskoka, The Regional
Municipality of Haldimand-Norfolk or The Regional Munici-
pality of Waterloo".
Non-
application
Conflict
R.S.O. 1980.
cc. 121. 435.
441. 442.
.%2
Commence-
ment
Short title
(6) Subsection 222 (4) of the said Act, as re-enacted by the
Statutes of Ontario, 1988, chapter 23, section 8, is repealed
and the following substituted therefor:
(4) Subsection (2) does not apply to an area municipality in
The District Municipality of Muskoka, The Regional Munici-
pality of Haldimand-Norfolk, The Regional Municipality of
Sudbury, The Regional Municipality of Waterloo or a local
municipality in a county where an assessment update has been
carried out under subsection 368b (2) of the Municipal Act.
(7) Section 225 of the said Act, as re-enacted by the Statutes
of Ontario, 1988, chapter 23, section 8, is repealed and the
following substituted therefor:
225. In the event of a conflict between any provision in
sections 220 to 224 and any provision in any other Act, other
than the District Municipality of Muskoka Act, the Regional
Municipality of Haldimand-Norfolk Act, the Regional Munici-
pality of Sudbury Act, the Regional Municipality of Waterloo
Act and section 368d of the Municipal Act, the provisions in
sections 220 to 224 prevail.
7. This Act shall be deemed to have come into force on the
1st day of January, 1989.
8. The short title of this Act is the District Municipality of
Muskoka Statute Law Amendment Act, 1989.
i
11134
D SESSION, 34th LEGISLATURE, ONTARIO
38 ELIZABETH II, 1989
Bill 34
(Chapter 74
Statutes of Ontario, 1989)
An Act to amend the District Municipality
of Muskoka Act and the Education Act
The Hon. J. Sweeney
Minister of Municipal Affairs
1st Reading
2nd Reading
3rd Reading
Royal Assent
June 19th, 1989
December 14th, 1989
December 19th, 1989
December 19th, 1989
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
Bill 34 1989
An Act to amend the District Municipality
of Muslioka Act and the Education Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Section 71 of the District Municipality of Muskoka Act,
being chapter 121 of the Revised Statutes of Ontario, 1980, is
repealed and the following substituted therefor:
71. In this Part, Definitions
"commercial assessment" means the total, according to the
last returned assessment roll, of.
I
(a) the assessment of real property that is used as the
basis for computing business assessment including
the assessment for real property that is rented and
occupied or used by the Crown in right of Canada
or any province or any board, commission, corpora-
tion or other agency thereof, or by any municipal
corporation or the District Corporation or local
board thereof,
(b) business assessment, and
(c) the assessment for mineral lands, pipe lines and rail-
way lands, other than railway lands actually in use
for residential and farming purposes;
"district rating by-law" means a by-law passed under sub-
section 74 (2);
"public school board" means a divisional board, as defined in
paragraph 19 of subsection 1 (1) of the Education Act, that RS^o i980,
has jurisdiction in the District Area;
"rateable property" includes business and other assessment
made under the Assessment Act; ^ s.o. i980,
c. 31
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
"residential and farm assessment" means the total assessment
for real property according to the last returned assessment
roll except the assessments for real property mentioned in
clauses (a) and (c) of the definition of "commercial assess-
ment";
"separate school board" means a separate school board, as
R.s.o. 1980, defined in paragraph 59a of subsection 1 (1) of the Educa-
tion Act, that has jurisdiction in the District Area;
c. 129
"weighted assessment" means, for the relevant area, the total
of,
(a) the product obtained by multiplying the residential
and farm assessment by 85 per cent, and
(b) the commercial assessment.
2. Section 74 of the said Act, as amended by the Statutes of
Ontario, 1984, chapter 45, section 14, and sections 75, 76, 77
and 78 are repealed and the following substituted therefor:
Definition
74. — (1) In this section, "general district levy" means a
sum sufficient.
(a) for payment of the estimated current annual
expenditures as adopted under section 73; and
(b) for payment of all debts of the District Corporation
falHng due within the year as well as amounts
required to be raised for sinking funds and principal
and interest payments or sinking fund requirements
in respect of debenture debt of area municipalities
for the payment of which the District Corporation is
liable under this Act,
but excludes those amounts for water and sewage purposes
that are to be raised by a special rate or rates in accordance
with sections 24 and 25.
District
rating by-law
(2) For purposes of raising the general district levy, the
District Council, on or before the 30th day of June in 1989
and on or before the 31st day of March in each subsequent
year, shall pass a by-law directing the council of each area
municipality to levy a separate rate, as specified in the by-law,
on the residential and farm assessment in the area municipal-
ity rateable for district purposes and on the commercial assess-
ment in the area municipality rateable for district purposes.
1989
DISTRICT MUN. OF MUSKOKA
Bill 34
(3) The rate that the District Council shall direct to be lev- Determi-
ied in each year on commercial assessment under subsection Smmerciai
(2) shall be determined by multiplying the general district levy rate
by 1 ,000 and dividing the product by the weighted assessments
for all the area municipalities.
(4) The rate that the District Council shall direct to be lev- Determi-
ied on the residential and farm assessment under subsection SenSai
(2) shall be 85 per cent of the rate that it directs to be levied ^te
on commercial assessment.
(5) In each year, the council of each area municipality shall Area munid-
levy, in accordance with the district rating by-law passed for Sopt rates
that year, the rates specified in the by-law.
(6) The assessment for real property that is exempt from Tax-exempt
taxation for district purposes by virtue of any Act or by virtue ^^^^ property
of a by-law passed by the council of an area municipality
under any Act shall not be included when determining the
total of the weighted assessment for the purposes of sub-
section (3).
(7) The full value of all rateable property shall be used in F"" ^aiue to
determining, ^ "^^
(a) the rates to be levied under subsections (3) and (4);
and
(b) the assessment on which the levy shall be made
under subsection (5),
and, notwithstanding any other Act, but subject to section 22
of the Assessment Act, no fixed assessment applies thereto. R.s.o. i980,
' ^^ c. 31
(8) A district rating by-law shall specify the amount to be instalment
•^ J . • • 1-^ 1^ /• I . • J and advance
raised in an area municipality as a result of a levy being made payments
in that area municipality in accordance with the by-law and
the by-law,
(a) may require specified portions of that amount to be
paid to the treasurer of the District Corporation on
or before specified dates; and
(b) may provide that the District Corporation shall pay
interest at a rate to be determined by the District
Council on any payment required, or portion there-
of, made in advance by any area municipality.
(9) The amount specified to be raised in an area municipal- Payment
ity pursuant to a district rating by-law shall be deemed to be
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
Default
taxes and is a debt of the area municipality to the District
Corporation and the treasurer of the area municipality shall
pay the amount owing by the area municipality to the trea-
surer of the District Corporation on or before the dates and in
the portions specified in the district rating by-law.
(10) If an area municipality fails to make any payment, or
portion thereof, as provided in the district rating by-law, the
area municipality shall pay to the District Corporation interest
on the amount in default at the rate of 15 per cent per annum
from the due date of the payment, or such lower rate as the
District Council may by by-law determine, from the date pay-
ment is due until it is made.
Extension of
time
Determi-
nation of
school rates
Idem
R.S.O. 1980,
c. 129
(11) The Minister by order may extend the time for passing
a district rating by-law in any year and such an order may be
made notwithstanding that the time limit set out in subsection
(2) has expired.
74a. — (1) In each year. The Muskoka Board of Educa-
tion, The Nipissing District Roman Catholic Separate School
Board, The Simcoe County Roman Catholic Separate School
Board and The West Parry Sound Board of Education shall
determine for the part of an area municipality which is within
the area of jurisdiction of the board the rates to be levied by
the applicable area municipality to provide the sums required
for elementary and secondary school purposes, as the case
may be, in that year and shall specify the amount that is to be
provided in that year by the application of those rates.
(2) The determinations required by subsection (1) shall be
made in accordance with subsection 222 (1) of the Education
Act.
Direction to
area munici-
palities
Area munici-
pality to levy
and collect
(3) On or before the 1st day of March in each year, The
Muskoka Board of Education, The Nipissing District Roman
Catholic Separate School Board, The Simcoe County Roman
Catholic Separate School Board and The West Parry Sound
Board of Education shall direct the council of each applicable
area municipality to levy the rates determined by the partic-
ular board under subsection (1) in respect of the area munici-
pality or the part thereof which is within the area of jurisdic-
tion of the board and shall advise the area municipality of the
amount of money to be raised by levying those rates.
(4) In each year, the council of an area municipality shall
levy rates in accordance with the directions under subsection
(3) upon all property in the area municipality rateable for
public school board or separate school board purposes, as may
be appropriate.
1989
DISTRICT MUN. OF MUSKOKA
Bill 34
(5) The full value of all applicable rateable property shall F"" value to
,,..,-_• be used
be used in determining,
(a) the weighted assessment for each area municipality
for purposes of apportioning among the applicable
area municipalities the sums required for school
purposes by the school boards mentioned in sub-
section (3);
(b) the rates mentioned in subsection (1); and
(c) the assessment upon which the rates are to be levied
under sections 128, 133 and 215 of the Education RS.o. i980,
Act, ^- ''''''
and notwithstanding any other Act, but subject to section 22
of the Assessment Act, no fixed assessment applies thereto.
(6) For the purposes of determining and levying rates under R^o'^^'^qoi"
this section, a reference in the Education Act to "commercial c. 129, s. 226
assessment" or "residential and farm assessment" shall be
deemed to be a reference to such assessments as defined in
this Part and not as defined in section 220 of that Act.
(7) Subsection 219 (2) of the Education Act does not apply Non-
to the determination of rates under subsection (1). R^s.a Tm
c. 129,
s. 219 (2)
(8) Except as provided in this section, the Education Act Application
continues to apply to the levying of rates and collecting of r.s.o. i980,
taxes for each public school board and separate school board c. 129
having jurisdiction in part of the District Area.
74b. — (1) In this section.
Definitions
'area municipality levy" means the amount required for area
municipality purposes under section 164 of the Municipal ^^^^ ^^^'
Act, including the sums required for any board, commission
or other body, but excluding those amounts required to be
raised for district and school purposes;
'special area municipality levy" means an amount to be raised
by an area municipality that is not included in the area
municipality levy, but excluding those amounts required to
be raised for district and school purposes.
(2) The council of each area municipality, in each year in Area
accordance with subsections (3) and (4), shall levy separate
rates on the whole of the rateable commercial assessment and
on the whole of the rateable residential and farm assessment
munici-
pality levies
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
in respect of the area municipality levy and the special area
municipality levy.
Detemii- (3) The rates to be levied in each year on commercial
commercial assessmcnt for each separate levy specified in subsection (2)
rates shall be determined by multiplying the sum required for each
such levy by 1,000 and dividing the product,
(a) by the weighted assessment for the area municipal-
ity, in the case of an area municipality levy; and
(b) by the weighted assessment determined on the basis
of the assessment that is rateable for the purpose of
raising the special area municipality levy, in the case
of a special area municipality levy.
Determi-
nation of
residential
rates
(4) The rates to be levied in each year on residential and
farm assessment for each separate levy specified in subsection
(2) shall be 85 per cent of the rate to be levied on commercial
assessment in accordance with subsection (3).
Non
(5) Section 158 of the Municipal Act and section 7 of the
FfsS^Toso, Ontario Unconditional Grants Act do not apply to an area
c. 302, s. 158 municipality.
and c. 359, ^ •'
s. 7
Area munici-
pality levy
Tax-exempt
real property
Interim
financing.
District
Council
(6) A reference in any other Act to a levy by a local munic-
ipality under section 158 of the Municipal Act shall, with
respect to an area municipality, be deemed to be a reference
to a levy under this section.
(7) The assessment for real property that is exempt from
taxation for area municipality purposes by virtue of any Act
or by virtue of a by-law passed by the council of an area
municipality under any Act shall not be included when deter-
mining the weighted assessment for purposes of clause (3) (a)
or (b).
74c. — (1) The District Council, before the adoption of the
estimates for the year, may by by-law requisition from each
area municipality a sum not exceeding 50 per cent of the
amount that under subsection 74 (8) was, in the district rating
by-law for the preceding year, specified to be raised in the
particular area municipality and subsections 74 (8), (9) and
(10) apply with necessary modifications to the amount requi-
sitioned.
Final (2) The amount of any requisition made under subsection
redS"* (1) in any year upon an area municipality shall be deducted
when determining the amount of the portions to be paid in
1989
DISTRICT MUN. OF MUSKOKA
Bill 34
that year by the area municipality to the treasurer of the
District Corporation under the district rating by-law author-
ized by clause 74 (8) (a).
74d. — (1) The council of an area municipality may for any Jp^erim
year, before the adoption of the estimates for the year, levy areTmunici-
such rates as it may determine on the rateable commercial paiities
assessment and on the rateable residential and farm assess-
ment in the area municipality.
(2) A by-law for levying rates under subsection (1) shall be By-iaw in
passed in the year that the rates are to be levied or may be preceding"^ °
passed in December of the preceding year if it provides that it year
does not come into force until a specified day in the following
year.
(3) The rate that may be levied on any assessment under Determi-
nation of
subsection (1) shall not exceed 50 per cent of the total of the rate
rates that were levied or would have been levied on that
assessment for all purposes in the preceding year.
(4) If the assessment roll for taxation in the current year Assessment
has not been returned, the rate levied under subsection (1)
may be levied on the assessment according to the assessment
roll used for taxation purposes in the preceding year.
(5) The amount of any levy made on an assessment under interim levy
subsection (1) shall be deducted from the total amount levied from'^ffnai
on that assessment for that year under sections 74, 74a and levy
74b.
(6) If the taxes levied on an assessment for real property or interim levy
t • . 1.1- , • J ^1 ^ in excess of
on a business assessment under this section exceed the taxes
to be levied on that assessment for the year under sections 74,
74a and 74b, the treasurer of the area municipality shall, not
later than twenty-one days following the giving of a notice of
demand of taxes payable, refund to the person assessed that
portion of the taxes paid in excess of the amount payable for
the year pursuant to a levy made under sections 74, 74a and
74b.
final levy
(7) The provisions of the Municipal Act with respect to the Amplication
levy of rates and the collection of taxes apply with necessary r.s.o. 1980,
modifications to the levy of rates and collection of taxes under e. 302
this section.
74e. If a direction has been made under subsection 78 (1) ^^^J^
that a new assessment roll be returned for taxation in the cur-
rent year, the Minister by order.
8 Bill 34 DISTRICT MUN. OF MUSKOKA 1989
(a) may prescribe the maximum sum that may be requi-
sitioned from each area municipahty under sub-
section 74c (1); and
(b) may prescribe the maximum rates that may be lev-
ied by the council of each area municipality under
subsection 74d (1).
Definitions 75._(i) In this scctiou,
"payment in lieu of taxes" means an amount that an area
municipality is eligible to receive under,
R.s.o. 1980, (a) subsection 26 (3), (4) or (5) of the Assessment Act,
RS.O. 1980, (b) subsection 7 (6) of the Housing Development Act,
but not including that portion payable to a school
board in accordance with subsection 7 (10) of that
Act,
RS.O. 1980, (c) section 160 and subsection 160a (3) of the Munici-
pal Act,
R.S.O. 1980, (d) subsection 4 (1), (2) or (3) of the Municipal Tax
Assistance Act,
RS-O. 1980, (e) section 42 of the Ontario Water Resources Act,
R.s^o. 1980, (f) subsection 46 (2), (3), (4) or (5) of the Power
Corporation Act, but not including that portion pay-
able to a school board in accordance with sub-
section 46 (9) of that Act,
R.s.o. 1980, (g) section 10 or 11 of the Trees Act,
c. 510
^•^c. 1985, (^h) the Municipal Grants Act (Canada), or
(i) any Act of Ontario or of Canada or any agreement
where the payment is from any government or gov-
ernment agency and is in lieu of taxes on real prop-
erty or business assessment, but not including a pay-
ment referred to in sections 498 and 498a of the
Municipal Act;
"taxes for district purposes" means the sum of the taxes levied
by an area municipality for district purposes as specified in
the district rating by-law under subsection 74 (2) and in
respect of water and sewer purposes under sections 24 and
25, excluding any adjustments under section 32 or 33 of the
Assessment Act;
1989 DISTRICT MUN. OF MUSKOKA Bill 34 9
"taxes for local purposes" means the taxes levied by an area
municipality for local purposes under subsection 74b (2),
excluding any adjustments under section 32 or 33 of the
Assessment Act; RS.o. 1980,
c. 31
"total taxes for all purposes" means the sum of the taxes for
local purposes, the taxes for district purposes and the taxes
levied by the area municipality for school purposes under
subsection 74a (1), excluding any adjustments under section
32 or 33 of the Assessment Act.
(2) If an area municipality is eligible to receive a payment Area munici-
in lieu of taxes for any year, it shall pay to the treasurer of the shar?* *°
District Corporation a portion equal to the amount obtained payments in
by multiplying the amount that the area municipality is eligi- '^" ° ^^^^^
ble to receive by the quotient, correct to five decimal places,
obtained by dividing the taxes for district purposes for the
year by the total of,
(a) the taxes for local purposes for the year; and
(b) the taxes for district purposes for the year.
(3) Notwithstanding subsection (2), if an area municipality sharing of
is eligible to receive a payment in lieu of taxes for any year payments
under,
I
(a) subsection 26 (3), (4) or (5) of the Assessment Act;
(b) section 42 of the Ontario Water Resources Act; R s^o i980,
(c) subsection 46 (2), (3), (4) or (5) of the Power RS^o. i980,
Corporation Act, but not including that portion pay-
able to a school board in accordance with sub-
section 46 (9) of that Act;
(d) section 10 or 11 of the Trees Act; or R S-O. i980,
^ c. 510
(e) the Municipal Grants Act (Canada), f m^i3^^^^'
and the calculation of the payment is based in part on the
rates that were levied for school purposes, then the portion to
be paid under subsection (2) shall be calculated by multiplying
the amount that the area municipality is eligible to receive by
the quotient, correct to five decimal places, obtained by divid-
ing the taxes for district purposes for the year by the total
taxes for all purposes for the year.
(4) The treasurer of each area municipality shall, on or '^l^^^^l" ^"
before the 1st day of March in each year, send a statement to elthliate of
share
10
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
R.S.O. 1980,
cc. 209, 384
the treasurer of the District Corporation and each school
board showing an estimate of the amount that the area munic-
ipality will be required to pay to the District Corporation for
the year under subsection (2) and to each school board under
subsection 7 (10) of the Housing Development Act and under
subsection 46 (9) of the Power Corporation Act.
Allocation of (5) If an area municipality is required to pay a portion of a
iie5"S"taxe"s payment in lieu of taxes to the District Corporation under
subsection (2), or to a school board, the provisions of,
R.S.O. 1980,
c. 31
R.S.O. 1980,
c. 302
(a) subsections 26 (7) and (9) of the Assessment Act;
(b) subsection 7 (10) of the Housing Development Act;
(c) subsections 160 (12) and (16) and subsection
160a (4) of the Municipal Act; and
(d) subsection 46 (7) of the Power Corporation Act,
with respect to the equalization of assessment or allocation
and deposit of payments shall not apply to that entitlement.
Payment of 75, — (1) Each area municipality shall pay a portion of the
SShSn? tax levied by it under subsections 161 (12) and (13) of the
and telegraph Municipal Act to the District Corporation and the appropriate
public school boards in the proportion that the taxes levied by
it on commercial assessment in the year for each such body
bears to the total taxes levied by it in the year on commercial
assessment for all purposes, other than separate school board
purposes.
tax
Exclusion of (2) In determining the taxes levied on commercial assess-
lo'^Siiertof's ment under subsection (1), there shall be excluded any adjust-
roii ments under section 32 or 33 of the Assessment Act.
Statement by
treasurer
(3) The treasurer of each area municipality shall, on or
before the 1st day of March in each year, send a statement to
the treasurer of the District Corporation and the appropriate
public school boards showing an estimate of the amount which
the area municipality will be required to pay to that body for
the year under subsection (1).
Exclusion of (4) Subsections 161 (18) to (24) of the Municipal Act do not
R.s^o. 1980, ^ppjy .^ payments are made by an area municipality under
s.' 161 '(18-24) subsection (1).
Payment in
lieu and
telephone
and telegraph
levies
77. — (1) An amount payable by an area municipality to.
1989
DISTRICT MUN. OF MUSKOKA
Bill 34
11
(a) the District Corporation under subsection 75 (2) or
76(1);
(b) a public school board under subsection 76 (1); or
(c) a school board under subsection 7 (10) of the
Housing Development Act or under subsection R s^o. i980,
46 (9) of the Power Corporation Act,
cc. 209, 384
is a debt of the area municipality to the District Corporation
or school board, as the case may be, and, subject to sub-
sections (2) and (3), instalments are payable on account
thereof as follows:
1. A first instalment of 25 per cent of the amount pay-
able for the same purposes in the preceding year,
on or before the 31st day of March.
2. A second instalment of 25 per cent of the amount
payable for the same purposes in the preceding
year, on or before the 30th day of June.
3. A third instalment of 25 per cent of the amount
payable for the same purposes in the preceding
year, on or before the 30th day of September.
4. A fourth instalment of the balance of the entitle-
ment for the year, on or before the 15th day of
December.
(2) The District Council may by by-law provide for an Alternative
alternative number of instalments and due dates for amounts ^c^heduie
payable by area municipalities to the District Corporation
under subsection (1).
(3) If a school board having jurisdiction within the District ^^^^
Area has established an agreement which applies to one or
more area municipalities in accordance with subsection 215 (3)
of the Education Act, the number of instalments and due R s o. i980,
dates specified in that agreement shall apply with necessary
modifications to those amounts otherwise payable to the
school board under subsection (1).
(4) An amount payable by an area municipality under sub- General
1 "^ revenues
section 75 (2) or 76 (1) or under subsection 7 (10) of the
Housing Development Act or under subsection 46 (9) of the ^-^^nq ^^m'
Power Corporation Act shall be credited by the District Cor-
poration or school board to its general revenues.
12
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
Default (5) If an area municipality fails to make any payment as
provided under subsection (1) or as altered under subsection
(2) or (3), the area municipality shall pay to the District Cor-
poration or school board, as applicable, interest on the
amount past due at the rate of 15 per cent per annum, or at
such lower rate as the school board or District Corporation
may by by-law determine from time to time.
Overpayment (5) jf t^g total amouut paid for the year under subsection
(1), (2) or (3) exceeds the total amount payable for that pur-
pose in the year, the area municipality shall notify the District
Corporation or the school board, as the case may be, of the
amount of the overpayment and the District Corporation or
school board shall forthwith pay that amount to the area
municipality.
District-wide
assessment
update
78. — (1) If the Minister of Revenue considers that any
parcel or parcels of real property within the District Area are
assessed inequitably with respect to the assessment of any
other parcel or parcels of real property in the District Area,
the Minister of Revenue may direct that such changes be
made in the assessment to be contained in the assessment roll
next to be returned for each area municipality as will, in the
opinion of the Minister of Revenue, eliminate or reduce ine-
qualities in the assessment of real property in the District
Area.
Date for new
assessment
roU
When
direction
effective
(2) If a direction is made under subsection (1), the Minister
of Revenue may, for that purpose, name a day upon which
the assessment commissioner for the District Area shall return
a new assessment roll for the assessment at market value of
real property in all area municipalities in the District Area.
(3) A direction under subsection (1) is effective upon publi-
cation of a notice of the direction in The Ontario Gazette.
Application
of new
assessment
roU
(4) If the assessment roll of an area municipality for taxa-
tion in any year is changed pursuant to a direction of the
Minister of Revenue under subsection (1),
(a) the assessment roll to be returned for that area
municipality for taxation in that year shall be the
assessment roll as so changed and not the assess-
ment roll that would otherwise have been returned;
and
R.S.O. 1980,
c. 31
(b) the assessment roll to be returned in each year
following that year shall be the assessment roll
returned under clause (a) as amended, added to, or
otherwise altered under the Assessment Act up to
1989 DISTRICT MUN. OF MUSKOKA Bill 34 13
the date when the assessment roll is returned in
each such following year.
(5) Notwithstanding subsection (4), if the assessor is of the Exception
opinion that an assessment to be shown on the assessment roll
to be returned is inequitable with respect to the assessment of
similar real property in the vicinity, the assessor may alter the
value of the assessment to the extent necessary to make the
assessment equitable with the assessment of such similar real
property,
(6) For the purpose of every Act, the assessment roll of an status of
area municipality returned under subsection (4) shall be J^Jf**""^"*
deemed to be the assessment roll of the area municipality
returned under the Assessment Act. r.s.o. i980,
c. 31
(7) In 1993 for purposes of taxation in 1994, the Minister of Mandatory
Revenue shall make a direction under subsection (1) for u^j^^edroii
changes to be made to the assessment rolls of the area munici- i" i993
palities.
(8) In every fourth year following the most recent direction Mandatory
under subsection (1), the Minister of Revenue shall make a i^^edrou
direction under subsection (1) for changes to be made to the every fourth
assessment rolls of the area municipalities.
year
(9) The Minister of Revenue shall not make a direction Resolution
under subsection (1) unless the District Council by resolution '^^''""^®
has requested that a direction be made, but a resolution is not
required for a direction of the Minister of Revenue required
under subsection (7) or (8).
(10) Except as provided in subsections (1) and (11), the rTq^S^^
Assessment Act and the alterations, corrections, additions and c. si
amendments authorized by that Act apply to an assessment
roll returned under subsection (4).
(11) Subsections 63 (1) and (3) and sections 64 and 65 of wem
the Assessment Act do not apply to an area municipality or to
the assessment roll of any area municipality in respect of 1989
and subsequent years.
(12) The Assessment Review Board, the Municipal Board Powej-s on
or any court, in determining the value at which any real prop- ^^^^
erty shall be assessed in any complaint, appeal, proceeding or
action, shall have reference to the value at which similar real
property in the vicinity is assessed, and the amount of any
assessment of real property shall not be altered unless the
Assessment Review Board, Municipal Board or court is satis-
fied that the assessment is inequitable with respect to the
14
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
No
amendment
to collector's
roil
R.S.O. 1980,
c. 31
assessment of similar real property in the vicinity, and in that
event the assessment of the real property shall not be altered
to any greater extent than is necessary to make the assessment
equitable with the assessment of such similar real property.
(13) No amendment shall be made to the assessment or a
collector's roll under clause 33 (a) of the Assessment Act until
the cumulative value of the increase since the date of the most
recent change to the assessment roll under a direction of the
Minister of Revenue under subsection (1) is at least in the
sum of $5,000 at market value.
Table of
rates for pipe
lines
(14) For purposes of subsection 24 (16) of theAssessment
Act, changes made in the assessment roll of an area munici-
pality under a direction of the Minister of Revenue under sub-
section (1) shall be deemed to be an assessment update of all
property within the area municipality under section 70 of the
Assessment Act.
Rights of
appeal
preserved
(15) Nothing in section 74, 74a or 74b in any way deprives
any person of any right of appeal provided for in the
Assessment Act or affects the operation of subsection 36 (6) of
that Act.
Direction
may be
retroactive
Deeming
R.S.O. 1980,
c. 302
Pollution
control fund
Transition
R.S.O. 1980,
cc. 302, 129
(16) A direction made under subsection (1) may be made
retroactive to the 1st day of December of the year preceding
the year in which it was made.
(17) For the purposes of sections 362 and 363 of the
Municipal Act, the District Corporation shall be deemed to be
a municipality.
3. Subsection 82 (3) of the said Act is repealed and the
following substituted therefor:
(3) The District Council shall establish and maintain a pol-
lution control fund and shall contribute to such fund, in each
year, the sum equivalent to a sum calculated at one-quarter of
one mill in the dollar upon the total residential and farm
assessment and commercial assessment for all area municipali-
ties in that year.
4. Notwithstanding subsection 164 (2) of the Municipal Act
or subsection 216 (2) of the Education Act, if the amount levied
by an area municipality for district purposes or school pur-
poses in 1988 differs from the sum the area municipality ought
to have levied for district purposes or school purposes, the area
municipality shall debit or credit such deficit or surplus, as
applicable, to the general funds of the municipality and not
revise the rates to be levied for such body in 1989.
1989 DISTRICT MUN. OF MUSKOKA Bill 34 15
5. — (1) Nothing in this Act affects the validity of an interim Transition
levy made by the District Council or by the council of an area
municipality under section 76 of the District Municipality of ^s.o. i980,
Muskoka Act as it existed before the coming into force of this '^' ^^^
Act.
(2) Subsections 74 (8), (9) and (10), as re-enacted by section "em
2 of this Act, and subsection 74c (2), as enacted by section 2 of
this Act, of the District Municipality of Muskoka Act apply with
necessary modifications to an interim levy made by the District
Council in 1989.
(3) Subsections 74d (4), (5) and (6), as enacted by section 2 wem
of this Act, of the District Municipality of Muskoka Act apply
with necessary modiflcations to an interim levy made by an
area municipality in 1989.
6. — (1) Subsection 130 (10) of the Education Act, being
chapter 129 of the Revised Statutes of Ontario, 1980, as re-
enacted by the Statutes of Ontario, 1988, chapter 23, section 8,
is repealed and the following substituted therefor:
(10) This section does not apply to The Haldimand-Norfolk Non-
Roman Catholic Separate School Board, The Nipissing Dis- ^pp"^^*'°"
trict Roman Catholic Separate School Board, The Simcoe
County Roman Catholic Separate School Board, The Sudbury
District Roman Catholic Separate School Board, The Water-
loo County Roman Catholic Separate School Board or to a
separate school board having jurisdiction wholly or partly in a
county where an assessment update has been carried out
under subsection 368b (2) of the Municipal Act. RS.o. i980,
(2) Subsection 214 (7) of the said Act, as enacted by the
Statutes of Ontario, 1988, chapter 46, section 2, is repealed.
(3) Subsection 214 (17) of the said Act, as enacted by the
Statutes of Ontario, 1988, chapter 46, section 2, is repealed
and the following substituted therefor:
(17) Subsections (2) to (16) do not apply to an area munici- Non- ^ ^ ^
pality in The District Municipality of Muskoka, The Regional ^pp'^^'°"
Municipality of Haldimand-Norfolk, The Regional Municipal-
ity of Sudbury, The Regional Municipality of Waterloo or to a
local municipality in a county where an assessment update has
been carried out under subsection 368b (2) of the Municipal
Act.
(4) Clause 214b (2) (b) of the said Act, as re-enacted by the
Statutes of Ontario, 1988, chapter 23, section 8, is repealed
and the following substituted therefor:
16
Bill 34
DISTRICT MUN. OF MUSKOKA
1989
(b) The District Municipality of Muskoka, The
Regional Municipality of Haldimand-Norfolk or
The Regional Municipality of Waterloo.
(5) Subsection 214b (4) of the said Act, as enacted by the
Statutes of Ontario, 1987, chapter 17, section 3, is amended by
striking out **The Regional Municipality of Haldimand-
Norfolk" in the ninth and tenth lines and inserting in lieu
thereof **The District Municipality of Muskoka, The Regional
Municipality of Haldimand-Norfolk or The Regional Munici-
pality of Waterloo".
Non-
application
Conflict
R.S.O. 1980,
cc. 121, 435,
441, 442,
302
(6) Subsection 222 (4) of the said Act, as re-enacted by the
Statutes of Ontario, 1988, chapter 23, section 8, is repealed
and the following substituted therefor:
(4) Subsection (2) does not apply to an area municipality in
The District Municipality of Muskoka, The Regional Munici-
pality of Haldimand-Norfolk, The Regional Municipality of
Sudbury, The Regional Municipality of Waterloo or a local
municipality in a county where an assessment update has been
carried out under subsection 368b (2) of the Municipal Act.
(7) Section 225 of the said Act, as re-enacted by the Statutes
of Ontario, 1988, chapter 23, section 8, is repealed and the
following substituted therefor:
225. In the event of a conflict between any provision in
sections 220 to 224 and any provision in any other Act, other
than the District Municipality of Muskoka Act, the Regional
Municipality of Haldimand-Norfolk Act, the Regional Munici-
pality of Sudbury Act, the Regional Municipality of Waterloo
Act and section 368d of the Municipal Act, the provisions in
sections 220 to 224 prevail.
Commence-
ment
Short title
7. This Act shall be deemed to have come into force on the
1st day of January, 1989.
8. The short title of this Act is the District Municipality of
Muskoka Statute Law Amendment Act, 1989.
Bill 35 Government BiU
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 35
An Act respecting the
amalgamation of the City of Sarnia and the
Town of Clearwater and the addition of the
amalgamated City to the County of Lambton
The Hon. J. Eakins
Minister of Municipal Affairs
1st Reading June 20th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
® Queen's Printer for Ontario
EXPLANATORY NOTES
The purpose of the Bill is to amalgamate the City of Sarnia with the Town of
Clearwater on the 1st day of January, 1991 and to make the amalgamated City part of
the County for municipal purposes.
The council of the amalgamated City shall consist of eight members, elected on a
ward basis, four of whom shall also sit on County Council. The council of the County
shall consist of the mayor of each local municipality and the four members elected by
ward from the City. The distribution of votes on County Council is set out in subsection
18 (2).
Under Part VII certain powers that are usually conferred on local municipalities
may, if prescribed by the Minister, be assumed by the County. The County is also
responsible for waste management, county roads and certain other roads described in
section 54, health and social services and public libraries.
A board of arbitrators is appointed under section 80 to deal with disputes in respect
of any adjustments of assets and liabilities that result from the amalgamation and transfer
of responsibilities.
Bill 35
1989
An Act respecting the
amalgamation of the City of Sarnia and the
Town of Clearwater and the addition of the
amalgamated City to the County of Lambton
CONTENTS
Section
1. Definitions
PARTI
LOCAL MUNICIPALITIES
2. Amalgamation
3. Name of City to be put to a
vote
4. Composition of interim City
council
5. Wards
6. Composition of councils
7. O.M.B. order
8. By-laws, resolutions of former
municipalities
9. Assets and liabilities transferred
to City
10. Taxes, charges, rates transferred
to City
IL Dissolution of committees of
adjustment
12. Dissolution of committees,
boards under 1982, c. 7
13. Repeal of certain by-laws,
resolutions, appointments
14. Fire departments
15. Offer of employment
16. Dissolution of police villages
PART II
COUNTY COUNCIL
17. Application
18. Interim County Council
19. Composition of County Council
20. County warden
21. Vacancies
22. Offer of employment
23. By-laws, resolutions continued
24. Assets and liabilities transferred
to County
Section
Part III
FORMER MUNICIPALITIES
25. Agreement
PART IV
SARNIA HYDRO
26. Hydro Commission
PART V
POLICE
27. Boards of Commissioners of
Police
28. Local board
29. Estimates
30. Transfer of assets, liabilities
31. Continuation of by-laws,
resolutions
32. Responsibility for County
enforcement
33. Transfer of police personnel
PART VI
BOUNDARY ADJUSTMENTS
34. Application of 1981, c. 70
35. Boundary application committee
36. Guidelines
37. Duties of committee
38. County proposal
39. Action by Minister
40. Order
PART VII
ASSUMPTION OF LOCAL
POWERS BY THE COUNTY
41. Local power
42. Transfer of rights, obligations,
etc.
43. Agreements
Bill 35
SARNIA-LAMBTON
1989
44. Rates
45. Repeal of by-law
46. Disputes
47. Regulations
PART VIII
WASTE DISPOSAL
48. Definition
49. County waste facilities
50. Waste disposal, County
responsibility
51. Agreements
52. Adoption of certain provisions
53. Disputes
PART IX
COUNTY ROAD SYSTEM
54. County roads
55. Dissolution of roads commission
56. Assumption of highways by
County
57. R.S.O. 1980, c. 421, ss. 58, 59
do not apply
58. Bridges
59. Minister's order
PARTX
HEALTH AND SOCIAL
SERVICES
60. Lambton Health Unit
61. County responsible under
R.S.O. 1980, c. 188
62. Homes for the aged
63. 1984, c. 55 does not apply to
local municipality
64. Information to be provided to
County
PART XI
PUBLIC LIBRARIES
65. County library board
Section
66. Debt transferred to County
67. Transfer of employees
PART XII
FINANCES
68. Definitions
69. Prescribed equalization factor
70. Annual merged area
apportionment
71. Interim levy
72. Merged areas under R.S.O.
1980, c. 129
73. Where county-wide assessment
74. Direction of Minister of
Revenue
75. 1991 City rates
76. Adjustments of grant total
77. Appropriations
78. Adjustments of grants under
R.S.O. 1980, c. 359
79. Definitions
PART XIII
MISCELLANEOUS
80. Board of arbitrators
81. County responsible for industrial
sites
82. By-laws respecting emergency
measures
83. Amendment to official plan
84. Double majority vote
85. Regulations respecting
employees
86. Repeal of ss. 4 and 18
87. Repeals
88. Commencement
89. Short title
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
Definitions
1. In this Act,
"City" means The Corporation of the City of Sarnia-
Clearwater as created by the amalgamation of the former
municipalities under section 2;
"City of Sarnia" means the former municipality of The
Corporation of the City of Sarnia;
"County" means The Corporation of the County of Lambton;
"County Council" means the council of the County;
1989 SARNIA-LAMBTON Bill 35 3
"former municipalities" means The Corporation of the City of
Sarnia and The Corporation of the Town of Clearwater as
they existed before the 1st day of January, 1991;
"local municipality" means a city, town, village and township
forming part of the County for municipal purposes but does
not include a former municipality;
"Minister" means the Minister of Municipal Affairs;
"Municipal Board" means the Ontario Municipal Board;
"municipality" means a municipality, as defined in the Munic- R so. i980,
ipal Affairs Act, and a metropolitan, regional or district ^' ^^^
municipality and the County of Oxford or a local board of
a metropolitan, regional or district municipality or of the
County of Oxford;
"pre-election period" means the period from the 1st day of
January, 1991 until the 30th day of November, 1991, inclu-
sive;
"prescribed" means prescribed by regulations made under this
Act;
"Town of Clearwater" means the former municipality of The
Corporation of the Town of Clearwater.
PARTI
LOCAL MUNICIPALITIES
2.— (1) On the 1st day of January, 1991, The Corporation Amalga-
mation
of the City of Sarnia and The Corporation of the Town of
Clearwater are amalgamated under the name of "The Cor-
poration of the City of Sarnia-Clearwater".
(2) Despite section 5 of the Territorial Division Act, the ^ity forms
City forms part of the County for municipal purposes. Coumy
R.S.O. 1980,
c. 497
(3) The City shall not apply for the annexation or amalga- F"ture
mation of any land before the 1st day of January, 2016, unless ^^on^
the County Council and the council of every local municipality annexation
the lands of which are part of the proposed annexation or ^ agreement
amalgamation agree, by resolution, to the proposed appli-
cation being made.
4 Bill 35 SARNIA-LAMBTON 1989
Name of City 3, — (1) The City shall submit the question "Do you want
L^vote''"^ ^° the new City to be named Sarnia" to the electors of the City
at the 1991 regular election.
Change of (2) If the majority of votes cast in response to the question
"^'"^ are in the affirmative, the name of the City shall become The
Corporation of the City of Sarnia effective the 1st day of
January, 1992.
Idem (3) After the 1st day of January, 1992, the Minister may by
order alter the name of the City.
Composition 4, — (1) Despite subsection 30 (1) of the Municipal Act,
City" council during the pre-election period, the council of the City shall be
R.s.o. 1980, composed of,
c. 302
(a) a mayor, who shall be the person who was the
mayor of the City of Sarnia on the 31st day of
December, 1990;
(b) a deputy mayor, who shall be the person who was
the mayor of the Town of Clearwater on the 31st
day of December, 1990;
(c) a reeve, who shall be the person who was the reeve
of the Town of Clearwater on the 31st day of
December, 1990;
(d) a deputy reeve, who shall be the person who was
the deputy reeve of the Town of Clearwater on the
31st day of December, 1990; and
(e) twelve other members,
(i) eight of whom shall be the persons who were
the members of the council, except the
mayor, of the City of Sarnia on the 31st day
of December, 1990, and
(ii) four of whom shall be the persons who were
the members of the council, except the
mayor, reeve and deputy reeve, of the Town
of Clearwater on the 31st day of December,
1990.
First meeting (2) The first meeting of the council shall be held not later
than the 8th day of January, 1991.
One vote (3) Each member of council has one vote.
1989
SARNIA-LAMBTON
Bill 35
(4) Despite section 72 of the Municipal Act, if the mayor of Acting mayor
the City is absent from the municipality or is unable or unwill- ^^^^ ^^^^'
ing to act or the office of mayor is vacant, the deputy mayor
shall act in the place of the mayor and, while so acting, has all
the rights and powers of the mayor.
5. — (1) The City shall consist of four wards as described in wards
the Schedule.
(2) All wards in the former municipalities are dissolved.
6.— (1) Despite sections 30, 31, 32, 34 and 36 of the
Municipal Act, but subject to section 7, the council of each
local municipality shall be composed of a mayor, who shall be
elected by a general vote of the electors of the local munici-
pality and who shall be the head of the council, and the
following other members:
1. The City — eight members consisting of,
i. four members who shall be elected by wards,
one from each ward, as members of the coun-
cil of the City and of the County Council, and
ii. four members who shall be elected by wards,
one from each ward, as members of the coun-
cil of the City.
2. A town — six members who shall be elected by a
general vote of the electors of the town.
Dissolution
of former
wards
Composition
of councils
3. A township — four members who shall be elected by
a general vote of the electors of the township.
4. A village — four members who shall be elected by a
general vote of the electors of the village.
(2) Each member of the council of a local municipality has on^ vote
one vote.
7. — (1) Upon the application of a local municipality under °J^^^-
subsection 13 (2) of the Municipal Act, or upon the petition of
electors under subsection 13 (3) of that Act, the Municipal
Board may, by order,
(a) divide or redivide the local municipality into wards
and designate the name or number each ward shall
bear and declare the date when the division or
redivision takes effect;
Bill 35
SARNIA-LAMBTON
1989
(b) alter or dissolve any or all of the wards in the local
municipality and declare the date when the altera-
tion or dissolution takes effect; and
(c) vary the composition of the council of the local
municipality.
Limitation on (2) No Order made under subsection (1),
(a) shall take effect before the 1st day of December,
1994; or
(b) shall alter the total number of members who repre-
sent the local municipality on the County Council or
the number of votes assigned to the members under
this Act.
Idem
Where
inquiry by
Minister
(3) Despite subsection (1), the mayor of the local munici-
pality shall continue to be elected by a general vote of the
electors of the local municipality and shall be the head of
council of the local municipality and a member of the County
Council.
1
(4) Where the Minister is inquiring into the structure,
organiz;3tion and methods of operation of a local municipality*
or the County, the Minister may give notice to the Municipal
Board of the inquiry and request that any application or peti-
tion made under subsection (1) be deferred until the inquiry
has been completed.
Idem
(5) If notice is given under subsection (4), all proceedings
in the application or petition are stayed until the Minister
gives notice to the Municipal Board that they may be contin-
ued.
No board of
control
(6) A local municipality shall not have a board of control.
By-laws, g, — n\ Evcry by-law and resolution of a former municipal-
rcsoiutioiis oi \ / •' •' i
former ity shall be deemed to be a by-law or resolution of the City
municipalities and shall remain in force in the area of the former municipal-
ity until the earlier of,
(a) the date it is amended or repealed by the council of
the City; or
By-laws,
official plans
under
1983, c. 1
(b) the 31st day of December, 1992.
(2) Despite subsection (1), any by-law of a former munici-
pality passed under section 34 of the Planning Act, 1983, or a
predecessor of that section, and any official plan of a former
1989
SARNIA-LAMBTON
Bill 35
municipality approved under the Planning Act, 1983, or a pre- i983, c. i
decessor of that Act, shall remain in force until amended or
repealed.
(3) If a former municipality has commenced procedures to
enact a by-law that requires the approval of a minister of the
Crown, the Municipal Board or a provincial agency and the
approval has not been obtained before the 31st day of Decem-
ber, 1990, the council of the City may continue the procedures
to enact the by-law and subsection (1) applies with necessary
modifications to the by-law.
By-laws that
require
approval
(4) Nothing in this section repeals or authorizes the amend- By-laws,
^ ' 1 r resolutions
ment or repeal of, not affected
(a) by-laws or resolutions of the former municipalities
passed under section 45, 58 or 61 of the Drainage ^•S;0. i980,
Act or a predecessor of those sections; and
126
(b) by-laws or resolutions conferring rights, privileges,
franchises, immunities or exemptions that could not
have been lawfully repealed by the councils of the
former municipalities.
9. Except as otherwise provided in this Act, the assets and j^ssets ^"^^
liabilities of the former municipalities and their local boards transferred to
become assets and liabilities of the City or a local board city
thereof without compensation, and the City and its local
boards stand in the place of the former municipalities and
their local boards.
All taxes, charges or rates levied by a former munici- ^^es^
under any general or special Act that are due and tra^ns^ferre'd m
10.
pality
unpaid on the 31st day of December, 1990 shall, after that
date, be taxes, charges or rates due and payable to the City
and may be collected and recovered by the City as if the tax-
es, charges or rates had been imposed by the City
City
11.— (1) Subject to subsection (4), on the 1st day of Dissolution
January, 1991, the committees of adjustment of the former committees
municipalities are dissolved. °^ adjustment
(2) The City shall establish a committee of adjustment ^Iblrsh
under section 43 of the Planning Act, 1983. committee of
adjustment
(3) All applications to the committees of adjustment of the Applications
\ / ir I •' ^ continucQ
former municipalities shall be deemed to be applications to
and shall be continued by the committee of adjustment of the
City.
Bill 35
SARNIA-LAMBTON
1989
Continuing
matters
(4) The committees of adjustment dissolved under sub-
section (1) and the terms of office of the members of the com-
mittees shall continue to the 31st day of January, 1991 for the
purpose of making a decision on any application for which a
hearing is completed before the 1st day of January, 1991.
Dissolution
of
committees,
boards under
1982, c. 7,
R.S.O. 1980,
cc. 80, 417
12. — (1) The council of the City shall be deemed to be a
recreation committee under the Ministry of Tourism and
Recreation Act, 1982, a committee of management of a com-
munity recreation centre under the Community Recreation
Centres Act and a board of park management under the
Public Parks Act and all such committees and boards of the
former municipalities are dissolved on the 1st day of January,
1991.
Idem
(2) All by-laws and resolutions of the boards and commit-
tees dissolved under subsection (1) are continued as by-laws
and resolutions of the City, and shall remain in force until the
earlier of.
(a) the date they are amended or repealed by the City;
or
Certain
by-laws,
resolutions
continue
(b) the 31st day of December, 1992.
(3) Nothing in this section repeals or authorizes the amend-
ment or repeal of by-laws or resolutions conferring rights,
privileges, franchises, immunities or exemptions that could
not have been lawfully repealed by the boards and committees
dissolved under subsection (1).
Repeal of
certain
by-laws,
resolutions,
appointments
13. — (1) Despite section 8,
(a) the by-laws and resolutions of the City of Samia
establishing and appointing members to the Canada
Day Committee, Committee of Parks and Rec-
reation, Committee of Management of Marshall
Gowland Manor, Planning Advisory Committee,
Sarnia Heritage Committee and the Sarnia Museum
Board, all of the City of Sarnia, are repealed;
(b) the by-laws and resolutions of the Town of
Clearwater establishing and appointing members to
the Planning Advisory Committee of the Town of
Clearwater are repealed; and
(c) the terms of office of the appointees of the City of
Sarnia to the Property Standards Committee of the
City of Sarnia are terminated.
1989 SARNIA-LAMBTON Bill 35 9
(2) Nothing in this section prevents the City from or Appointments
reUeves the City of any responsibihty for establishing or
making appointments to boards and committees.
14. — (1) Despite section 8, the City, on or before the 31st Fire
day of January, 1991 , shall, departments
(a) repeal the by-laws of the City of Sarnia and the
Town of Clearwater establishing their respective fire
departments; and
(b) establish a fire department for the City.
(2) Every person who is a member of the fire department Fire fighters
of the City of Sarnia or the Town of Clearwater on the 1st day
of July, 1990 and continues to be a member until the 31st day
of December, 1990 becomes a member of the fire department
established under clause (1) (b).
(3) In subsection (2), "member" means a full-time fire Definition
fighter and a volunteer fire fighter as defined in the Fire R so. i980,
T^ . * A ^ c. 164
Departments Act.
15. Except as otherwise provided in this Act, the City or a ^^^^^
of
local board thereof shall offer to employ every person who ^'"P"^'"^"
was employed by a former municipality or a local board
thereof on the 1st day of July, 1990 and who continued to be
so employed until the 31st day of December, 1990.
16. — (1) The Police Village of Inwood and the Police ^'''^"ce""
Village of Florence are dissolved on the 1st day of January, viUages^^
1991.
(2) The Municipal Board, upon the application of a local Further
municipality or a local board thereof or of its own motion, ^^^^
may exercise the powers under section 25 of the Municipal ^^-^^ ^^^'^'
Act consequent upon the dissolutions.
(3) Sections 94 and 95 of the Ontario Municipal Board Act No further
do not apply to decisions or orders made in the exercise of the ^^q ^qsq,
powers under subsection (2). c. 347
PART II
COUNTY COUNCIL
17. This Part applies despite sections 27, 28 and 29 of the Application
Municipal Act. f-^^. mo,
10 Bill 35 SARNIA-LAMBTON 1989
Interim 18. — (1) During the pre-election period, the County
Council Council shall have thirty-seven members consisting of,
(a) the mayor, reeve and deputy reeve of the City;
(b) the reeve of the Village of Alvinston, the Village of
Arkona, the Village of Oil Springs and the Village
of Thedford; and
(c) the reeve and deputy reeve of the Town of Forest,
the Town of Petrolia, the Village of Grand Bend,
the Village of Point Edward, the Village of
Watford, the Village of Wyoming, the Township of
Bosanquet, the Township of Brooke, the Township
of Dawn, the Township of Enniskillen, the Town-
ship of Euphemia, the Township of Moore, the
Township of Plympton, the Township of Sombra
and the Township of Warwick.
Distribution (2) The members of the County Council under subsection
of votes ^^^ ^j^^jj ^^^^ ^ ^^^^j ^^ seventy-three votes of which,
(a) the mayor of the City shall have ten votes;
(b) the reeve and deputy reeve of the City shall each
have nine votes;
(c) the reeve of the Township of Bosanquet and the
Township of Moore shall each have three votes;
(d) the reeve of the Town of Petrolia, the Township of
Enniskillen, the Township of Plympton and the
Township of Sombra shall each have two votes;
(e) the deputy reeve of the Township of Bosanquet, the
Township of Moore and the Township of Plympton
shall each have two votes; and
(f) all other members shall have one vote.
First meeting (3) xhg first meeting of the County Council shall be held
after the council of the City has held its first meeting under
subsection 4 (2) but, in any event, not later than the 15th day
of January, 1991.
Warden (4) Despite subsection 51 (1) of the Municipal Act, the
? 302 ^^^°' County Council established under subsection (1) shall, at the
first meeting at which a majority of the members is present,
elect one of its members to be warden.
1989
SARNIA-LAMBTON
Bill 35
11
(5) The term of the warden of the County holding office on Term of
the 30th day of November, 1990 is extended until a new °^^^^
warden is elected under subsection (4).
19. — (1) The County Council shall be composed of,
(a) the mayor of each local municipality; and
(b) the four county ward members of the council of the
City.
Composition
of County
Council
(2) The members of the County Council under subsection Distribution
(1) shall have a total of thirty-seven votes of which,
(a) the mayor and each county ward member of the
council of the City shall have three votes;
(b) the mayor of the Township of Bosanquet, the
Township of Moore and the Township of Plympton
shall each have two votes; and
(c) all other members shall have one vote.
(3) The County Council shall review the distribution of Review
votes under subsection (2) on or before the 1st day of
January, 2001.
20. The warden of the County Council shall bear the title County
e ^ J warden
of county warden.
21. The seat of a mayor of a local municipality and the vacancies
seat of a county ward member of the council of the City
becomes vacant if his or her seat on the County Council is
declared vacant by the County Council.
Offer of
employment
22. The County or a local board thereof shall offer to
employ every person who, on the 1st day of July, 1990, was
employed in any undertaking carried on by or on behalf of
any former or local municipality or local board thereof that is
assumed by the County or a local board thereof under this
Act and who continues to be so employed until the 31st day of
December, 1990.
23. — (1) Every by-law and resolution of a former or local By-iaws,
\ / J J resolutions
municipality in respect of any undertaking carried on by or on continued
behalf of a former or local municipahty that is assumed by the
County under this Act shall be deemed to be a by-law or reso-
lution of the County and shall remain in force in the area of
the former or local municipality until the earher of.
12
Bill 35
SARNIA-LAMBTON
1989
By-laws that
require
approval
By-laws,
resolutions
not affected
Assets and
liabilities
transferred to
County
(a) the date it is amended or repealed by the council of
the County; or
(b) the 31st day of December, 1992.
(2) If a former or local municipality has commenced proce-
dures to enact a by-law that requires the approval of a minis-
ter of the Crown, the Municipal Board or a provincial agency
and the approval has not been obtained before the 31st day of
December, 1990, the council of the County may continue the
procedures to enact the by-law and subsection (1) applies with
necessary modifications to the by-law.
(3) Nothing in this section repeals or authorizes the amend-
ment or repeal of by-laws or resolutions conferring rights,
privileges, franchises, immunities or exemptions that could
not have been lawfully repealed by the councils of the former
municipalities.
24. All assets and liabilities of a former or local munici-
pality or a local board thereof in respect of any undertaking
carried on by or on behalf of any former or local municipality
or local board thereof that is assumed by the County or a
local board thereof under this Act become assets and liabili-
ties of the County or a local board thereof without compensa-
tion, and the County and its local boards stand in the place of
the former or local municipalities and their local boards.
PART III
FORMER MUNICIPALITIES
Agreement 25. — (1) The City of Samia and the Town of Clearwater
shall enter into an agreement with respect to,
(a) fee structures;
(b) capital improvements;
(c) the adequacy of public buildings;
(d) maintenance of current levels of services;
(e) shared capital expenditures;
(f) impost fees;
(g) capital improvements;
(h) cash in lieu of parkland;
1989 SARNIA-LAMBTON Bill 35 13
(i) organizational structures;
(j) the financing of capital expenditures;
(k) capital budgets;
(1) equipment reserve accounts;
(m) contributions to reserve accounts;
(n) shoreline protection;
(o) public transit;
(p) rural water supply;
(q) water meters; and
(r) major recreation complexes.
(2) The councils of the County, the City of Sarnia and the Joint
Town of Clearwater shall establish a joint implementation '^°'"'"' ^^
committee to make recommendations with respect to the
agreement and any other matter set out in this Act.
(3) The joint committee shall submit its recommendations Recommen-
to the Minister on or before the 1st day of May, 1990. submhled to^
Minister
(4) Subject to any other Act, the Lieutenant Governor in Or'ier
Council may, upon the recommendation of the Minister, by recommen-
order give effect to any recommendation of the joint com- dations
mittee.
PART IV
SARNIA HYDRO
26. — (1) A hydro-electric power commission for the City Hydro .
commission
is hereby established on the 1st day of January, 1991 and shall
be deemed to be a commission established under Part III of
the Public Utilities Act and a municipal commission within the ^•^.°: ^^^'
meaning of the Power Corporation Act.
(2) Despite section 41 of the Public Utilities Act, the hydro- composition
electric power commission shall, commission
(a) during the pre-election period, be composed of,
(i) the members of the commission dissolved
under subsection (5), and
14
Bill 35
SARNIA-LAMBTON
1989
(ii) the deputy mayor and reeve of the City; and
(b) after the pre-election period, be composed of,
R.S.O. 1980,
c. 308
Term of
office
Delegate of
mayor
(i) the mayor of the City, and
(ii) four other members who are qualified electors
in the City under the Municipal Elections Act
who shall be elected by a general vote of the
electors of the City.
(3) A member of the commission shall hold office for the
same term as the members of council or until the successor of
the member is elected or appointed.
(4) The council of the City may by by-law, passed with the
written consent of the mayor, appoint a delegate from among
the members of the council to represent the mayor on the
commission.
Dissolution
Transfer of
assets,
liabilities
Purchase of
retail
distribution
facilities from
Ontario
Hydro
(5) The Hydro-Electric Commission of the City of Sarnia is
dissolved on the 1st day of January, 1991.
(6) On the 1st day of January, 1991, the assets of the Town
of Clearwater, the assets under the control and management
of the commission dissolved under subsection (5) and the lia-
bilities of the Town of Clearwater and of such commission
that relate to the distribution and supply of electrical power
become assets under the control and management of and lia-
bilities of the commission established under subsection (1),
without compensation.
(7) On the 1st day of January, 1991, the commission estab-
lished under subsection (1) shall acquire the retail distribution
facilities within the Town of Clearwater used by Ontario
Hydro on the 31st day of December, 1990 in the retail distri-
bution of power, including equipment leased by Ontario
Hydro to retail customers within the Town of Clearwater for
the use of such power, and the price of the facilities shall be
equal to the original cost of the facilities less the sum of the
accumulated net retail equity of the customers supplied with
power through the facilities and the accumulated depreciation
associated with the facilities.
Definitions (g) In subsectiou (7),
'accumulated net retail equity" means the portion of the
equity accumulated through debt retirement appropriations
recorded for the rural power district relating to Ontario
Hydro's rural retail system plus the portion of the balance
1989 SARNIA-LAMBTON Bill 35 15
recorded for rural retail customers in the Stabilization of
Rates and Contingencies Account, in the books of Ontario
Hydro;
"retail distribution facilities" means works for the transmis-
sion and supply of power at voltages less than 50 kilo volts
other than works located within a transformer station that
transforms power from voltages greater than 50 kilovolts to
voltages less than 50 kilovolts.
(9) All by-laws and resolutions of the Town of Clearwater continuation
and of the commission dissolved under subsection (5) that resoiu'S
relate to the distribution and supply of electrical power are
continued as by-laws and resolutions of the commission estab-
lished under subsection (1), and shall remain in force until the
earlier of,
(a) the date they are amended or repealed by the
commission; or
(b) the 31st day of December, 1992.
(10) Nothing in this section repeals or authorizes the Certain
amendment or repeal of by-laws or resolutions conferring reso^utbns
rights, privileges, franchises, immunities or exemptions that ^main
could not have been lawfully repealed by the Town of ^^^^^^'^^
Clearwater or by the commission dissolved under subsection
(5).
PARTY
POLICE
27.— (1) On the 1st day of January, 1990, The Board of ^^^^.^""^
Commissioners of Police of the City of Samia and The Board siolJ^™ of
of Commissioners of Police of the Town of Clearwater are Poi'ce
amalgamated and the new board shall be deemed to be a
board established under section 8 of the Police Act. RS o. i980,
c. 381
(2) Despite section 8 of the Police Act, from the 1st day of J^ij^terim
January, 1990 to the 30th day of November, 1991, inclusive,
the board shall be composed of the members of the boards
amalgamated under this section.
(3) On and after the 1st day of December, 1991, the board J°3'j*'°"
shall be composed of those members provided for under
section 8 of the Police Act.
16
Bill 35
SARNIA-LAMBTON
1989
Temporary
name
(4) During 1990, the board shall be called "The Board of
Commissioners of Police of the City of Sarnia and the Town
of Clearwater".
Police service
(5) During 1990, the board is responsible for providing
police service for the City of Sarnia and the Town of
Clearwater and, for the purpose of exercising its powers under
any general or special Act, the City of Sarnia and the Town of
Clearwater shall be deemed to be amalgamated as a city
municipality.
Idem
(6) On and after the 1st day of January, 1991, the board is
responsible for providing police service for the City.
Local board 28. — (1) During 1990, the board shall be deemed to be a
local board of the City of Sarnia and not of the Town a
Clearwater.
Rights
protected
(2) Despite subsection (1), a resident or elector of the
Town of Clearwater has the same rights and privileges as a
resident or elector of the City of Sarnia relating to police
matters.
Transfer to
City
(3) On the 1st day of January, 1991, the board shall con-
tinue as the board of commissioners of police of the City and
a local board of the City.
Estimates
R.S.O. 1980,
c. 381
29. — (1) The board shall, in preparing its 1990 estimates
under subsection 14 (2) of the Police Act, show separately the
amount required to provide police service in the Town of
Clearwater and in the City of Sarnia.
Idem
R.S.O. 1980,
c. 302
Disagree-
ments
(2) The amount of the estimates for providing police ser-
vice in the Town of Clearwater shall be deemed to be a debt
of the Town of Clearwater falling due in 1990 for the purposes
of section 164 of the Municipal Act, and the Town of
Clearwater shall pay this amount to the City of Sarnia no later
than the 30th day of June, 1990.
(3) If there is a disagreement between the City of Sarnia
and the Town of Clearwater on how the estimates are broken
down under subsection (1), the City of Sarnia or the Town of
Clearwater may refer the matter to the Ontario Police
Commission and the decision of the Ontario Police Commis-
sion is final.
Transfer of
assets,
liabilities
30. On the 1st day of January, 1990, the assets under the
control and management of the boards amalgamated under
subsection 27 (1) and all Uabilities of such boards become
1989 SARNIA-LAMBTON Bill 35 17
assets under the control and management of and liabilities of
the board, without compensation.
31. — (1) On the 1st day of January, 1990, all by-laws and continuation
resolutions of the boards amalgamated under subsection resoiutS
27 (1) are continued as by-laws and resolutions of the board
and shall remain in force in the former municipality for which
they were passed until the earlier of,
(a) the date they are amended or repealed by the
board; or
(b) the 31st day of December, 1990.
(2) Nothing in this section repeals or authorizes the amend- Cenain
ment or repeal of by-laws or resolutions conferring rights, resoSns
privileges, franchises, immunities or exemptions that could remain
not have been lawfully repealed by the boards amalgamated ^^^^^^^"^
under subsection 27 (1).
32. On and after the 1st day of January, 1991, the board ^^p^^^^'
and the members of the police force of the City shall have the couity"'^
same duties with respect to by-laws of the County as they do enforcement
with respect to by-laws of the City.
33. Every person who is a member of the police force of Transfer of
DOllCC
the Town of Clearwater or of the police force of the City of personnel
Sarnia on the 1st day of July, 1989, and who continues to be a
member until the 31st day of December, 1989, becomes on
the 1st day of January, 1990 a member of the police force
created by the amalgamation under subsection 27 (1).
PART VI
BOUNDARY ADJUSTMENTS
34. — (1) This Part applies to applications made to the Application
Minister under section 2 of the Municipal Boundary Negotia- i98i, c. 70
tions Act, 1981, that are being processed on the day this Part
comes into force, and to future applications made under that
section before the 1st day of January, 1991, to resolve an
intermunicipal boundary issue or an intermunicipal boundary-
related issue in the County.
(2) Subsection (1) does not apply to an issue involving a ^em
boundary of the County unless, in the opinion of the Minister,
that issue is of a minor nature.
18
Bill 35
SARNIA-LAMBTON
1989
1981, c. 70
does not
apply
Exception
(3) Except as otherwise provided in this Part, the Municipal
Boundary Negotiations Act, 1981 does not apply to an appli-
cation to which this Part applies.
(4) Sections 15 to 21 of the Municipal Boundary Negotia-
tions Act, 1981 apply with necessary modifications to an appli-
cation to which this Part applies and to an order made under
section 40.
Boundary
application
committee
Composition
of committee
Presiding
officer
Guidelines
Duties of
committee
Idem
35. — (1) The warden of County Council shall, within
thirty days of this Part coming into force, appoint a boundary
application committee.
(2) The committee shall have five members consisting of,
(a) the warden;
(b) two members of County Council representing towns
or villages; and
(c) two members of County Council representing
townships.
(3) The members of the committee shall appoint a
presiding officer.
36. The committee shall establish guidelines for consider
ing boundary applications in consultation with the Ministry o;
Municipal Affairs.
37. — (1) For each application to which this Part applies,
the committee shall, having regard for the guideUnes estab-
lished under section 36,
(a) determine and inquire into the issues raised by the
application;
(b) determine the party municipalities which have a
substantial interest in the issues raised; and
(c) obtain the opinion of the party municipalities and of
any local board that the committee considers is
affected by the application, on the issues raised by
the application.
(2) Subject to subsections (4) and (5), the committee shall
prepare and submit to County Council a report setting out,
(a) the issues;
1989 SARNIA-LAMBTON Bill 35 19
(b) the party municipalities in respect of each issue;
(c) the extent of agreement or disagreement on the
issues;
(d) any agreement the party municipalities have
reached on any of the issues;
(e) the recommendations of the committee on how the
issues raised by the application should be resolved;
and
(f) any other matters the committee considers appro-
priate.
1(3) The committee may make recommendations under Recommen-
Tlause (2) (e) with respect to,
dations
(a) the matters set out in paragraphs 1 to 24 of section
14 of the Municipal Boundary Negotiations Act, i98i, c. 70
1981;
(b) the name of a local municipality; and
(c) in the event the committee recommends an amalga-
mation, how the County Council votes of the
mayors of the municipalities being amalgamated
should be distributed to the local municipalities,
other than the City, that would exist after such
amalgamation.
(4) The committee shall, before preparing its report, hold P"biic
at least one public meeting for the purpose of obtaining '"^^^'"^
information, comments or opinions regarding the application.
(5) The committee shall, after preparing its report and ^'^^^
before submitting it to County Council, hold at least one pub-
lic meeting for the purpose of obtaining submissions and com-
ments from the public in respect of the contents of the report.
(6) The committee may amend its report after the public Amendments
to report
meeting required under subsection (5) and before submitting
it to County Council.
(7) Notice of a public meeting required under subsection Notice of
(4) or (5) shall be given at least fifteen days in advance of '"^^'"^
each meeting by publishing it in a newspaper having general
circulation in the party municipalities.
20
Bill 35
SARNIA-LAMBTON
1989
County
proposal
38. — (1) The County Council shall consider the report of
the committee and shall, within sixty days after receiving the
report and having regard to the guidelines established by the
committee under section 36, submit to the Minister a proposal
with respect to the resolution of the issues raised by the appli-
cation.
Recommen-
dations
Action by
Minister
(2) The proposal may contain recommendations with
respect to the matters set out in subsection 37 (3).
39. The Minister shall, within sixty days of receipt of the
proposal,
(a) submit to the Lieutenant Governor in Council a
recommendation with respect to one or more of the
matters set out in subsection 37 (3);
(b) refer any issue back to County Council or the com-
mittee for further consideration;
(c) terminate further consideration of the application;
(d) refer any issue to the Municipal Board to hear any
party municipality and, after a hearing, to make
recommendations thereon; or
Order
(e) take such other action as the Minister considers
appropriate.
40. Upon receipt of the recommendation of the Minister,
the Lieutenant Governor in Council may by order provide for
one or more of the matters set out in subsection 37 (3).
PART VII
ASSUMPTION OF LOCAL POWERS BY THE COUNTY
Local power 41, — (1) jn this Part, "local power" means a power that is
conferred by any general or special Act on local municipalities
or local boards thereof and that is prescribed by the Minister.
Assumption
of local
power
Double
majority vote
(2) The County Council may pass by-laws to assume any
local power for all of the local municipalities.
(3) No by-law under subsection (2) shall be passed or
repealed unless,
(a) a majority of all the votes on County Council are
cast in its favour; and
1989
SARNIA-LAMBTON
Bill 35
21
Idem
(b) members of County Council representing a majority
of the local municipalities cast their votes in its
favour.
(4) For the purpose of clause (3) (b), the members of
County Council representing the City shall only be considered
to have cast their votes in favour of a by-law if at least three
of the City representatives cast their votes in its favour.
(5) When a by-law passed under subsection (2) comes into Effect of
effect, 'y-'^"
(a) the County is responsible for the local powers
assumed by the County in all of the local municipal-
ities;
(b) the County has the powers conferred by any general
or special Act upon the local municipalities or local
boards thereof related to the local powers assumed
by the County;
(c) no local municipality shall exercise the local powers
assumed by the County and any by-law or other
measure of a local municipality under that power is
of no effect; and
(d) no local municipality shall provide any service or
facility under the local power assumed by the
County within the County without the consent of
County Council, which consent may be given upon
such conditions, including the payment of compen-
sation, as may be agreed upon.
(6) If consent is refused under clause (5) (d) or the council ^pp^^' *°
)f the local municipality and the County Council fail to agree
on the conditions related to the consent, the applicant may
appeal to the Municipal Board which shall hear and determine
the matter,
(7) The Municipal Board may impose such conditions as it decision of
• 1 • II !•• r I ^ r ■ ■ t n J Boafd final
considers appropriate and the decision of the Municipal Board
is final.
(8) Section 94 of the Ontario Municipal Board Act does not ^„°^^|^^^'
apply to a decision made under subsection (7).
42. — (1) All rights, obligations, assets and liabilities of a
local municipality or local board thereof pertaining to the
local powers assumed by the County are vested in the County
and financial adjustments, calculated in accordance with such
appeal
R.S.O. 1980,
c. 347
Transfer of
rights, obliga-
tions, etc.
22
Bill 35
SARNIA-LAMBTON
1989
Assumption
by County of
debt
Interest
Agreements
Idem
Rates
R.S.O. 1980,
c. 302
Idem
criteria as may be prescribed, shall be made between the
County and the local municipalities or local boards thereof.
(2) The County shall pay to the local municipality or local
board thereof on or before the due date all amounts of princi-
pal and interest becoming due upon any outstanding debt of
that local municipality or local board in respect of the local
powers assumed by the County.
(3) If the County fails to make any payment required under
subsection (2) on or before the due date, the local municipal-
ity or local board may charge the County interest at the rate
of 15 per cent per annum, or such lower rate as the local
municipality or local board determines, from the due date
until payment is made.
43. — (1) If a local municipality or local board thereof had
entered into an agreement with any municipality or other per-
son in respect of the local power assumed by the County, the
County shall be bound by the agreement and the local munici-
pality or local board thereof is relieved of all liability under
the agreement.
(2) The County Council may enter into agreements with
any municipality or other person for establishing, construct-
ing, operating or managing, at their joint expense and for
their joint benefit, any service or facihty that is within the
jurisdiction of the County Council as a result of the passage of
the by-law under subsection 41 (2).
44. — (1) Despite sections 368 and 368e of the Municipal
Act, the County Council may by by-law provide for imposing
on and collecting from the local municipalities for which it is
providing services or facilities under the assumed local powers
a rate sufficient to pay the whole, or such portion as the by-
law may specify, of the expenditures and capital costs includ-
ing debenture charges related to the services or facilities and
such rate may vary on any basis the County Council considers
appropriate and specifies in the by-law.
(2) All rates under subsection (1) constitute a debt of the
local municipality to the County and are payable at such times
and in such amounts as may be specified by by-law of the
County Council.
Collection of (3) Despite sections 368 and 368e of the Municipal Act, a
local municipality may,
(a) pay the whole or part of the amount chargeable to
it under this section out of its general funds;
1989 SARNIA-LAMBTON Bill 35 23
(b) pass by-laws for collecting the whole or part of the
amount chargeable to it under this section in the
same manner as that local municipality could have
collected the amount if the local power had not
been assumed by the County; and
(c) include the whole or any part of an amount charge-
able to it under this section as part of the cost of an
urban service within an urban service area estab-
lished in the local municipality under any general or
special Act.
45. — (1) When a by-law under subsection 41 (2) is Repeal of
repealed; "y-^^"
(a) the local powers assumed by the County revert to
the local municipalities and local boards thereof as
they exist on the day the by-law is repealed;
(b) all rights, obligations, assets and liabilities of the
County or local board thereof pertaining to the
local powers are vested in the local municipalities or
local boards thereof;
(c) financial adjustments, calculated in accordance with
such criteria as may be prescribed, shall be made
between the County or local board thereof and the
local municipalities or local boards thereof; and
(d) the local municipalities or local boards thereof shall
pay to the County or local board thereof on or
before the due date all amounts of principal and
interest becoming due upon any outstanding debt of
the County or local board thereof in respect of the
local powers reverting to the local municipalities or
local boards thereof.
(2) If the local municipalities or local boards thereof fail to interest
lake any payment required under clause (1) (d) on or before
the due date, the County or local board thereof may charge
the local municipalities or local boards thereof interest at the
rate of 15 per cent per annum, or such lower rate as the
County or local board thereof determines, from the due date
until payment is made.
(3) If the County or local board thereof had entered into an Agreements
agreement with any municipality or other person in respect of
the local power reverting to the local municipalities or local
boards thereof, the local municipalities or local boards thereof
24
Bill 35
SARNIA-LAMBTON
1989
are bound by the agreement and the County or local board
thereof is relieved of all liability under the agreement.
Disputes 45, — (1) If a dispute arises in respect of the financial
adjustments or the vesting of assets and liabilities under sub-
section 42 (1) or clause 45 (1) (b), or the transfer of agree-
ments under subsection 43 (1) or subsection 45 (3), the
County, local municipality or local board affected may apply
to the Municipal Board for a resolution of the dispute and the
Municipal Board shall hear and determine the matter and its
decision is final.
R.S.O. 1980,
c. 347, s. 94
does not
apply
Regulations
(2) Section 94 of the Ontario Municipal Board Act does not
apply to a decision made under subsection (1).
47. — (1) The Lieutenant Governor in Council may make
regulations,
(a) providing for the security of employment, the pro-
tection of benefits, including seniority and pensions,
and early retirement options for employees affected
by by-laws passed or repealed under this section;
(b) prescribing the criteria for determining the amount
of and the manner of payment of the financial
adjustments under subsections 42 (2) and 45 (1) and
for providing which body shall pay and which body
shall receive the payments made under those sub-
sections.
Minister's
order
(2) The Minister may by order prescribe the local powers to
which this Part applies.
PART VIII
WASTE DISPOSAL
Definition
48. In this Part, "waste" means garbage, refuse, domestic
waste, industrial solid waste or municipal refuse and such
other waste as may be designated by by-law of the County
Council.
coumy^waste 49. — (1) Qn and after the 1st day of January, 1991, the
County shall provide facilities for receiving, dumping and dis-
posing of waste and no local municipahty or local board
thereof shall provide such facilities.
County
powers
(2) For the purposes of subsection (1), the County Council
has the powers conferred by any general or special Act upon
1989
SARNIA-LAMBTON
Bill 35
25
the local municipalities and local boards thereof for the receiv-
ing, dumping and disposing of waste.
(3) The County Council may, for each local municipality. Designated
designate one or more facilities for the receiving, dumping ^^"'"'^^
and disposing of waste or any class thereof.
(4) If a designation has been made, a local municipality I'^em
shall not utilize any facilities except the facilities that have
been designated for that local municipality.
50. — (1) No facilities for the receiving, dumping and dis- waste
posing of waste shall be provided in the County by any cSty'
municipality or other person without the consent of the responsibility
County Council, which consent may be given upon such
terms, including the payment of compensation, as may be
agreed upon.
(2) Subsection (1) does not apply to prevent any person or Existing
any municipality which does not form part of the County for
municipal purposes from providing facilities for the receiving,
dumping and disposing of waste if such facilities were being
lawfully provided on the 1st day of January, 1991, so long as
that facility continues to operate without interruption.
(3) If the County Council refuses its consent under sub-
section (1) or the applicant and the County Council fail to
agree on the terms related to the consent, the applicant may
appeal to the Municipal Board which shall hear and determine
the matter and may impose such conditions as the Board con-
siders appropriate.
(4) The decision of the Municipal Board is final.
Disagree-
ments to
O.M.B.
Decision final
(5) Section 94 of the Ontario Municipal Board Act does not ^ s^o. ^i980,
apply to a decision made under subsection (3). does not
apply
51. The County Council may enter into agreements with Agreements
any municipality or other person for establishing, construct-
ing, operating or managing, at their joint expense and for
their joint benefit, facilities for the receiving, dumping and
disposing of waste.
52. Section 42, subsection 43 (1), section 44 and clause Adoption of
certain
47 (1) (b) apply with necessary modifications to the powers provisions
granted to the County under this Part to provide facilities for
receiving, dumping and disposing of waste.
53. If a dispute arises in respect of the financial adjust- Disputes
ments or the vesting of assets and liabilities, or the transfer of
26
Bill 35
SARNIA-LAMBTON
1989
agreements under this Part, the board of arbitrators estab-
lished under section 80 has the power to hear and determine
the matter.
PART IX
COUNTY ROAD SYSTEM
County roads 54, Qu and after the 1st day of January, 1991, all roads
under the jurisdiction and control of the County shall continue
to form part of the county road system together with,
(a) the roads that on the 31st day of December, 1990
are under the jurisdiction and control of the Samia
Suburban Roads Commission;
(b) the roads within the City prescribed by the
Minister; and
R.S.O. 1980,
c. 421
(c) the roads that on the 31st day of December, 1990
are covered by an agreement under section 58 of
the Public Transportation and Highway Improve-
ment Act.
55. — (1) The Sarnia Suburban Roads Commission is dis-
Dissolution
commission solved ou the Ist day of January, 1991 and the assets and lia-
bilities of the commission are transferred to the County on
that date.
Transfer of
benefits,
liabilities
(2) The County has, in respect of the roads included in the
county road system, all the rights, powers and benefits con-
ferred and is subject to all liabilities imposed by statute,
by-law, contract or otherwise upon the Sarnia Suburban
Roads Commission.
Assumption
of highways
by County
R.S.O. 1980,
c. 302
Consent
required
Connecting
roads
R.S.O. 1980,
c. 421, ss.
58, 59 do
not apply
56.— (1) Despite subsections 270 (1), (2) and (4) of the
Municipal Act, the County Council may by by-law assume as a
county road any highway within a local municipality.
(2) A by-law passed under subsection (1) does not take
effect until assented to by the council of the local municipal-
ity.
(3) The County Council may by by-law assume as a county
road any highway in a local municipality that connects with a
county road.
57. — (1) Sections 58 and 59 of the Public Transportation
and Highway Improvement Act do not apply to the County or
the local municipalities.
1989
SARNIA-LAMBTON
Bill 35
27
(2) All existing agreements between the County and a local Existing
municipality under section 58 of the Public Transportation and ^s''^^'"^"*^
Highway Improvement Act are terminated on the 1st day of
January, 1991.
R.S.O. 1980,
c. 302
58.— (1) Despite subsections 278 (1) and (2) of the Bridges
Municipal Act, a bridge that, on the 31st day of December,
1990, is under the exclusive or joint jurisdiction and control of
County Council is on the 1st day of January, 1991 transferred
to and vested in the council of the local municipality that has
jurisdiction over the highway on which the bridge is situate.
(2) Subsection (1) does not apply to bridges. Limitation
k(a) on county roads;
(b) on a boundary line between local municipalities; or
(c) on a county boundary line.
59. The Minister may by order prescribe the roads within ^™f^^'''^
the City which are county roads.
PARTX
HEALTH AND SOCIAL SERVICES
60. — (1) On and after the 1st day of January, 1991, the
Lambton Health Unit shall be composed of,
(a) not more than six members appointed from and by
the County Council; and
(b) not more than two persons appointed by the
Lieutenant Governor in Council upon the recom-
mendation of the Minister of Health.
order
Lambton
Health Unit
(2) Despite any other Act, the expenses incurred by the County
Lambton Health Unit in establishing and maintaining the for^x"pens^es
heahh unit and performing its functions under the Health i983, c. lo
Protection and Promotion Act, 1983 or any other Act shall be
paid by the County.
61. For the purposes of the General Welfare Assistance County
rcsDonsiDlc
Act, no local municipality shall be deemed to be a municipal- under
ity and the County shall have sole responsibility as a County R s o. iqso,
for all matters provided for in that Act.
62.— (1) The homes for the aged known as Twilight JJ^'^^'J"'
Haven, North Lambton and Marshall Gowland, and all assets ^ ^^^
28
Bill 35
SARNIA-LAMBTON
1989
and liabilities thereof, vest solely in the County on and after
the 1st day of January, 1991.
No local
municipality
has authority
under
R.S.O. 1980,
c. 203
Costs
(2) No local municipality has authority to establish, erect or
maintain a home for the aged under the Homes for the Aged
and Rest Homes Act.
(3) The costs of operating and maintaining Twilight Haven,
North Lambton and Marshall Gowland shall form part of the
levy under section 164 of the Municipal Act.
1984, c. 55 53, No local municipality shall be deemed to be a munici-
Q06S not
apply to local pality for the purposes of the Child and Family Services Act,
municipality I Q§4 .
R.S.O. 1980,
c. 302
Information
to be
provided to
County
64. Every local municipality and every officer or
employee thereof shall, at the request of the officers of the
County who are responsible for the administration of the Acts
referred to in this Part, furnish to the County officers any
information they may require for the purposes of this Act.
PART XI
PUBLIC LIBRARIES
County
library board
1984, c. 57
Composition
of board
Transfer of
assets,
liabilities to
county
library board
Continuation
of by-laws,
etc.
65. — (1) A county library board for the entire County to
be known as "The Lambton County Library Board" is hereby
established on the 1st day of January, 1991 and shall be
deemed to be a county library board established under Part I
of the Public Libraries Act, 1984.
(2) Subsection 9 (5) of the Public
applies to the county library board.
Libraries Act, 1984
(3) All library boards of the County, local municipalities
and former municipalities are dissolved on the 1st day of
January, 1991 and their assets and liabilities are transferred to
the county library board established under subsection (1),
without compensation.
(4) All by-laws, rules, regulations and fees passed or estab-
lished by the boards dissolved under subsection (3) are contin-
ued as by-laws, rules, regulations and fees of the county
library board and shall remain in force until the earlier of,
I
(a) the date they are amended or repealed by the
board; or
(b) the 31st day of December, 1992.
1989
SARNIA-LAMBTON
Bill 35
29
(5) Nothing in this section repeals or authorizes the amend- Cenain
ment or repeal of by-laws conferring rights, privileges, fran- conSed
chises, immunities or exemptions that could not have been
lawfully repealed by a board dissolved under subsection (3).
66. The County shall pay to each local municipality, on or Debt
before the due date, all amounts of principal and interest
becoming due upon any outstanding debt of each local munici-
pality in respect of public libraries and, if the County fails to
pay the amounts before the due date, the local municipality
may charge the County interest at the annual rate of 15 per
cent, or such lower rate as the local municipality determines,
from the due date until payment is made.
67. Every person who was an employee of a board dis-
solved under this Part on the 1st day of July, 1990, and con-
tinues to be employed until the 31st day of December, 1990,
becomes, on the 1st day of January, 1991, an employee of the
county library board.
PART XII
FINANCES
transferred to
County
Transfer of
employees
68. In this Part,
"average municipal commercial mill rate" means, in respect of
a local municipality, the rate obtained by dividing the total
of taxes levied for all purposes, other than for school pur-
poses and other than under sections 32 and 33 of the
Assessment Act, on the commercial assessment for the pre-
ceding year by the total commercial assessment for the pre-
ceding year and multiplying the result by 1,000;
Definitions
R.S.O. 1980,
c. 31
"commercial assessment" means commercial assessment as
defined in clause 1 (1) (b) of the Ontario Unconditional ^■^■^- ^^^'
Grants Act;
"discounted assessment" means, for a local municipality or for
a merged area, the sum of,
(a) the product obtained by multiplying the residential
and farm assessment for that local municipality or
that merged area by 0.5131, and
(b) the commercial assessment for that local municipal-
ity or that merged area;
"discounted equalized assessment" means, for each local
municipality, the sum of the discounted assessment and the
30
Bill 35
SARNIA-LAMBTON
1989
equivalent assessment of that local municipality divided by
its prescribed equalization factor and multiplied by 100;
"discounted equalized assessment for each merged area"
means the discounted assessment of the merged area
divided by its prescribed equalization factor and multiplied
by 100;
R.S.O. 1980,
c. 302
"equivalent assessment" means, for a local municipality, that
portion of its payments in heu of taxes in the preceding
year, as defined in clause 365 (1) (j) of the Municipal Act,
not allocated for school purposes, divided by the average
municipal commercial mill rate and multiplying the result
by 1,000;
"merged area" means the area of the City of Samia or the
area of the Town of Clearwater;
"net county levy" means the amount required for County pur-
poses under subsection 365 (6) of the Municipal Act includ-
ing the sums required for any board, commission or other
body, apportioned to each local municipality by the
County;
"net lower tier levy" means the amount required for the pur-
poses of a local municipality under section 164 of the
Municipal Act including the sums required for any board,
commission or other body, but excluding amounts required
to be raised for County and school purposes or for a special
rate imposed under section 79;
R.S.O. 1980,
c. 359
"residential and farm assessment" means residential and farm
assessment as defined in clause 7 (1) (e) of the Ontario
Unconditional Grants Act.
TuSkSn ^^' — ^^^ ^^^ purposes of apportioning the net county levy
factor^^ '°" or the net lower tier levy among the respective merged areas,
the Minister may, in each year, prescribe the equalization fac-
tor to apply for that year to each local municipality within the
County and each merged area.
^^^f (2) Despite subsection 365 (6) of theMunicipal Act, the
ap^rtwnment treasurer of the County shall determine,
(a) the discounted equalized assessment of each local
municipality in the County;
(b) the discounted equalized assessment of the County;
and
apportioned
R.S.O. 1980,
1989 SARNIA-LAMBTON Bill 35 31
(c) the percentage share of apportionment, correct to
three decimal places, for each local municipality by
dividing the discounted equalized assessment for
each local municipality by the discounted equalized
assessment of the County and multiplying the result
by 100.
70. — (1) In each year, the Ministry of Municipal Affairs Annual
shall calculate and notify the City of the discounted equalized ^p^nio^lnt
assessment for each merged area.
(2) Despite subsection 7 (2) of the Ontario Unconditional "ow levies
Grants Act, the net county levy and the net lower tier levy of
the City shall be levied against the whole rateable property, c! 359
including business assessment thereon, of the City and appor-
tioned between the merged areas of the City in the proportion
that the discounted equalized assessment for each merged
area bears to the total discounted equalized assessment of
both merged areas.
(3) The rates to be levied in each merged area of the City Determi-
shall be determined in accordance with subsection 7 (3) of the rates" °
Ontario Unconditional Grants Act.
71.— (1) Despite section 70, the council of the City may by ^"terini levy
by-law in any year, before the adoption of the estimates for
that year, levy in each of the merged areas, on the whole of
the assessment for real property, including business assess-
ment in the merged area, according to the last returned
assessment roll, a sum not exceeding 50 per cent of that which
would be produced by applying to such assessment the total
rate for all purposes levied in the merged area in the preced-
ing year on residential real property of public school support-
ers.
(2) The amount of any levy under subsection (1) shall be Adjustments
deducted from the amount of the levy made under subsection
70 (2).
(3) Subsection 159 (5) of the Municipal Act applies to levies Application
made under subsection (1). r.s.o. i980,
c. 302,
s. 159 (5)
72.— (1) For the purposes of levying taxes under Part IV Merged areas
of the Education Act, the merged areas shall be deemed to be r.s.o. 1980,
municipalities, and the council of the City shall be deemed to c. 129
be the council of each merged area.
(2) The Lieutenant Governor in Council may each year Regulations
make regulations providing for the apportionment of the sums
32
Bill 35
SARNIA-LAMBTON
1989
required by the Lambton County Board of Education and The
Lambton County Roman Catholic Separate School Board
with respect to any local municipality or merged area or parts
thereof that are wholly or partly within their area of jurisdic-
tion.
Where
county-wide
assessment
R.S.O. 1980,
c. 302
73. Sections 69, 70, 71 and 72 of this Part and sections
365, 366 and 368 of the Municipal Act cease to apply to the
County and the local municipalities if the County has been
subject to an assessment update under section 368b of the
Municipal Act.
Direction of
Minister of
Revenue
74. — (1) Despite subsections 368b (3) and (3a) of the
Municipal Act, in 1991, for the purposes of taxation in 1992,
the Minister of Revenue shall make a direction under sub-
section 368b (2) of the Municipal Act for changes to be made
to the assessment rolls of the local municipalities.
Grants
(2) If the Minister is of the opinion that taxes for school
purposes in a local municipality may be unduly increased
because of changes made to the assessment rolls of local
municipalities as a result of a direction under subsection (1),
the Minister may make a grant to the local municipality under
such terms as the Minister considers necessary in the circum-
stances.
Grant to be
used to
reduce
increases
Certain
by-laws not
affected
(3) If, in any year, a local municipality receives a grant
under subsection (2), the local municipality shall, in that year,
use the grant to reduce the increases in the amounts the local
municipality is required to levy for school purposes.
(4) Nothing in this Part prevents or restricts a local munici-
pality from passing by-laws under section 362 or 363 of the
Municipal Act.
1991 City
rates
75.— (1) In 1991, the council of the City shall, in the man-
ner prescribed by the Minister, levy on the whole of the
assessment for real property and business assessment accord-
ing to the last returned assessment roll pertaining to the
merged area of the Town of Clearwater rates of taxation for
general purposes which shall not be increased over the 1990
rates by more than the lesser of,
(a) 3.5 per cent of the rates of taxation for general
purposes in the Town of Clearwater in 1990; and
(b) the rate of inflation for the calendar year of 1990, as
determined by the Consumer Price Index published
by Statistics Canada.
1989
SARNIA-LAMBTON
Bill 35
33
(2) In 1992, the council of the City shall, in the manner
prescribed by the Minister, levy on the whole of the assess-
ment for real property and business assessment according to
the last returned assessment roll pertaining to the merged area
of the Town of Clearwater rates of taxation for general pur-
poses which shall limit the aggregate levy for general purposes
upon the merged area to the lesser of,
1992 City
rates
(a) 103.5 per cent of the dollar amount levied for gen-
eral purposes in the merged area of the Town of
Clearwater in 1991; and
(b) 100 per cent plus the rate of inflation for the calen-
dar year of 1991, as determined by the Consumer
Price Index published by Statistics Canada, of the
dollar amount levied for general purposes in the
merged area of the Town of Clearwater in 1991.
(3) In 1993, the council of the City shall, in the manner
prescribed by the Minister, levy on the whole of the assess-
ment for real property and business assessment according to
the last returned assessment roll pertaining to the merged area
of the Town of Clearwater rates of taxation for general pur-
poses which shall not be increased over the 1992 rates by
more than the lesser of,
(a) 3.5 per cent of the rates of taxation for general pur-
poses in the merged area of the Town of Clearwater
in 1992; and
1993 City
rates
(b) the rate of inflation for the calendar year of 1992, as
determined by the Consumer Price Index published
by Statistics Canada.
(4) In 1994, 1995, 1996, 1997, 1998, 1999 and 2000, the f^^^^'^^^^
council of the City shall, in the manner prescribed by the Min- yeaS''"^"
ister, levy on the whole of the assessment for real property
and business assessment according to the last returned assess-
ment roll pertaining to the merged area of the Town of Clear-
water rates of taxation for general purposes which are differ-
ent from the rates which would have been levied for such
purposes but for this subsection.
(5) If the Minister has made an order under this section where taxes
which results in a reduction in the taxes which would have
otherwise been levied in any year, the amount of the reduc-
tion shall be charged to the general funds of the City in that
year.
34
Bill 35
SARNIA-LAMBTON
1989
Adjustments
of grant total
R.S.O. 1980,
c. 359
76. — (1) The Minister may by order on such conditions as
the Minister considers appropriate provide for payments to be
made to the City so that in each of the years 1991, 1992 and
1993 the total of all grants received by the City under the
Ontario Unconditional Grants Act pertaining to the merged
area of the Town of Clearwater and payments under this sub-
section is not less than the total of all grants received by the
Town of Clearwater under the Ontario Unconditional Grants
Act in 1990.
Minister's
order
(2) The Minister may by order before the 1st day of
January, 2000, on such conditions as the Minister considers
appropriate, make grants or loans to the County and the local
municipalities to achieve the purposes of this Act.
Appropri-
ations
77. The money required for the purposes of this Act shall
be paid out of the money appropriated therefor by the
Legislature.
Adjustments
of grants
under
R.S.O. 1980,
c. 359
78. — (1) A grant under the Ontario Unconditional Grants
Act to the County or a local municipality in any year in which
an incorporation, a major boundary change or a major change
in responsibility for the delivery of any service took place dur-
ing that year shall be revised to reflect the incorporation, the
boundary change or the change in the delivery of services.
Adjustment
of grants by
Minister
(2) If, in any year, there is an overpayment or underpay-
ment of grants paid to the County or a local municipality as a
result of a revision under subsection (1), the Minister shall
adjust any grant paid to the County or a local municipahty in
the immediately following year by the amount of the overpay-
ment or underpayment.
Definitions
79. — (1) In this section.
By-laws
respecting
urban
"urban service" means a service of the City not being pro-
vided generally throughout the City or not benefiting lands
in the City equally, and includes any liability incurred by a
former municipality with respect to such service;
"urban service area" means the area or rateable property,
including the business assessment thereon, designated in a
by-law under clause (2) (c) or in an order under clause
(5) (c).
(2) The council of the City may, with the approval of the
Municipal Board, by by-law,
(a) identify an urban service;
1989
SARNIA-LAMBTON
Bill 35
35
(b) define which costs of the City are related to that
urban service;
(c) designate upon what area or rateable property,
including the business assessment thereon, of the
City the related costs should be raised; and
(d) levy a special rate on that area or rateable property,
including the business assessment thereon, to raise
the whole or part of the related costs.
(3) The rates to be levied within each urban service area Determi-
shall be determined in accordance with subsection 7 (3) of the "ates" °^
Ontario Unconditional Grants Act. r.s.o. 1980,
c. 359
(4) The council of the City may establish, amend or dis- Dissolution
solve any number of urban service areas designated under sei^kTareas
subsection (2).
(5) Before the 1st day of January, 1991, the Minister, upon Minister's
the joint application of the councils of the City of Samia and
the Town of Clearwater, may make an order to be effective
no earlier than the 1st day of January, 1991, that,
(a) identifies an urban service;
(b) defines which costs of the City will relate to that
urban service; and
(c) designates upon what area or rateable property,
including business assessment thereon, of the City
the related costs shall be raised.
(6) Where an order under subsection (5) creating an urban ^""^
service area is in force and has not been amended under sub- approval not
section (7), the council of the City may pass a by-law under required
clause (2) (d) related to that urban service area without the
approval of the Municipal Board.
(7) The council of the City may, with the approval of the Amendments
Municipal Board, by by-law amend or repeal an order under ordeTby city
subsection (5).
PART XIII
MISCELLANEOUS
80. — (1) The Minister shall appoint three persons as a
board of arbitrators to make adjustments of assets and liabili-
ties arising from any amalgamation, dissolution, other than
Board of
arbitrators
36
Bill 35
SARNIA-LAMBTON
1989
the dissolution of a police village, and transfer of functions or
services under Parts I, II, V, VIII, IX, X, XI and this Part.
Certain ^^^^ (2) Scctious 3 to 5, 7, 9 to 11 and 13 to 15 of the
R™^o.°i980, Arbitrations Act and the Schedule to that Act apply to an
c. 25 apply arbitration under this section.
Decisions of (3) The dccisions of the board of arbitrators are binding on
bSfding the County, local municipalities and local boards and are not
subject to appeal.
Hearing (4) jhc board of arbitrators shall hold a hearing with
respect to any matter set out in subsection (1) that is in
dispute.
County
responsible
for industrial
sites
R.S.O. 1980,
c. 302
81. — (1) Paragraph 50 of section 210 of the Municipal Act
applies with necessary modifications to the County and no
local municipality shall exercise the powers set out in that
paragraph except in respect of lands acquired or held by a
local municipality on or before the 31st day of December,
1990.
Restrictions
respecting
publicity,
regional
economic
development
agreements
R.S.O. 1980,
c. 302
Expenditures
for publicity
(2) Subject to subsection (3), no local municipality shall
exercise any powers under paragraphs 22 and 58 of section
208 of the Municipal Act after the 31st day of December,
1990.
(3) The County and a local municipality may pool their
funds and act jointly for the purposes of paragraph 22 of
section 208 of the Municipal Act.
By-laws gj, — (1) When County Council has passed a by-law under
emSgenc^y subclauses 209 (b) (ii) and (iii) of the Municipal Act, any
measures by-law passcd by the council of a local municipality under
those subclauses is of no effect.
Idem
(2) When a by-law passed by County Council under sub-
clause 209 (b) (ii) of the Municipal Act is in force, the County
may pass by-laws,
(a) with the consent of the local municipality or local
board concerned, for appointing heads of depart-
ments and alternates to be members of or advisors
to the emergency measures planning committee or
any subcommittee thereof;
(b) with the consent of the local municipality or local
board concerned, for training employees of the
1989
SARNIA-LAMBTON
Bill 35
37
local municipality or local board in their emergency
functions;
(c) for appointing members of the emergency measures
planning committee or of any subcommittee thereof
to be in charge of the departments or utilities
throughout the County, as provided in the by-law,
when an emergency occurs;
(d) for acquiring alternative headquarters for the
County Government outside the County; and
(e) for obtaining and distributing emergency materials,
equipment and supplies.
(3) The County shall be deemed to be a regional municipal- Deeming
ity and the local municipalities shall be deemed to be area respecdng
municipalities of that regional municipality for the purposes of i983, c. so
the Emergency Plans Act, 1983.
83. The County Council, before the 31st day of Decem- Amendment
to official
ber, 1992, shall prepare, adopt and forward to the Minister plan
for approval an amendment to the official plan of the County
to cover the area of the former municipality of The
Corporation of the City of Sarnia.
84. — (1) The County Council shall not request an amend- Double
ment to this Act unless, majority vote
(a) a majority of all the votes on County Council are
cast in favour of the request; and
(b) members of County Council representing a majority
of the local municipalities cast their votes in favour
of the request.
(2) For the purposes of clause (1) (b), subsection 41 (4) ^^^^
applies with necessary modifications.
85. — (1) The Lieutenant Governor in Council may, upon Regulations
the recommendation of the Minister, make regulations provid- empioyee^s
ing for the security of employment, the protection of benefits,
including seniority and pensions, and early retirement options
for employees affected by this Act.
(2) Subsection (1) does not apply to employees affected by Limitation
a by-law passed or repealed under Part VII.
86. Sections 4 and 18 of this Act are repealed on the 1st ^^^p^^^^^J^s
day of December, 1991.
38 Bill 35 SARNIA-LAMBTON 1989
Repeals 87. The City of Sarnia Act, 1925, being chapter 103, The
City of Sarnia Act, 1977, being chapter 101 and the County of
Lambton Act, 1981, being chapter 92, are repealed on the 1st
day of January, 1991.
Commence- 88.— (1) This Act, exccpt sections 5, 6, 7, 13, 19, 20 and
men 2^^ Parts IX and X and section 87, comes into force on the
day it receives Royal Assent.
Wem (2) Sections 5 and 13, Parts IX and X and section 87 come
into force on the 1st day of January, 1991.
Idem (3) Sections 6, 7, 19, 20 and 21 come into force on the 1st
day of December, 1991.
Transition, (4) Dcspitc subscction (3), the regular elections to be held
dictions in 1991 under the Municipal Elections Act in the area munici-
R.s.o. 1980, palities shall be conducted as if sections 6, 7 and 19 were in
c. 308 force.
Short title 89. The short title of this Act is the Sarnia- Lambton Act,
1989.
SCHEDULE
WARD 1
Beginning at the intersection of the southerly boundary of the Town of
Clearwater and the centre line of the Blackwell Sideroad;
Thence northerly along the centre line of the Blackwell Sideroad and the
northerly prolongation thereof to a point distant 500 metres measured
northerly from the southerly high water mark of Lake Huron;
Thence easterly and parallel with the southerly high water mark of the said
Lake to the easterly boundary of the Town of Clearwater;
Thence southerly along the easterly boundary of the said Town to the south
easterly angle of the said Town;
Thence westerly along the southerly boundary of the said Town to the place
of beginning.
WARD 2
Beginning at the intersection of the centre line of the King's Highway No.
402 and the centre line of the Blackwell Sideroad;
Thence northerly along the centre line of Blackwell Sideroad and the
northerly prolongation thereof to a point distant 500 metres measured
northerly from the southerly high water mark of Lake Huron;
Thence westerly and parallel with the southerly high water mark of the said
Lake to the International Boundary between the Province of Ontario and
the United States of America;
1989 SARNIA-LAMBTON Bill 35 39
Thence southerly along the said International Boundary to the northerly
boundary of the Village of Point Edward;
Thence easterly and southerly along the northerly and easterly boundaries
of the said Village to the centre line of Michigan Avenue;
Thence easterly along the centre line of Michigan Avenue to the centre line
of Indian Road North;
Thence southerly along the centre line of Indian Road North to the centre
line of the King's Highway No. 402;
Thence easterly along the centre line of the said King's Highway to the
place of beginning.
WARDS
Beginning at the intersection of the westerly boundary of the City of Sarnia
and the centre line of Michigan Avenue;
Thence easterly along the centre line of Michigan Avenue to the centre line
of Indian Road North;
Thence southerly along the centre line of Indian Road North to the centre
line of the King's Highway No. 402;
Thence easterly along the centre line of the said King's Highway to the
centre line of the Blackwell Sideroad;
Thence southerly along the centre line of the Blackwell Sideroad to the
northerly limit of Concession V of the former Township of Samia;
Thence westerly along the northerly limit of the said Concession to the
easterly limit of the King's Highway No. 40;
Thence westerly to and along the centre line of Wellington Street to the
centre line of Indian Road South;
Thence northerly along the centre line of Indian Road South to the centre
line of London Road;
Thence westerly along the centre line of London Road and the westerly
prolongation thereof to the International Boundary between the Province of
Ontario and the United States of America;
Thence northerly along the said International Boundary to the southerly
boundary of the Village of Point Edward;
Thence easterly and northerly following the boundaries between the Village
of Point Edward and the City of Samia to the place of beginning.
WARD 4
Beginning at the intersection of the southerly boundary of the Town of
Clearwater and the centre line of the Blackwell Sideroad;
Thence northerly along the centre line of the Blackwell Sideroad to the
northerly limit of Concession V of the former Township of Sarnia;
Thence westerly along the northerly limit of the said Concession to the
easterly limit of the King's Highway No. 40;
40 Bill 35 SARNIA-LAMBTON 1989
Thence westerly to and along the centre line of Wellington Street to the
centre line of Indian Road South;
Thence northerly along the centre line of Indian Road South to the centre
line of London Road;
Thence westerly along the centre line of London Road and the westerly
prolongation thereof to the International Boundary between the Province of
Ontario and the United States of America;
Thence southerly along the said International Boundary to the southerly
boundary of the City of Sarnia;
Thence easterly along the southerly boundary of the City of Sarnia and thi(
Town of Clearwater to the place of beginning.
Bill 35 Government Bill
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 35
An Act respecting the
amalgamation of the City of Sarnia and the
Town of Clearwater and the addition of the
amalgamated City to the County of Lambton
The Hon. J. Eakins
Minister of Municipal Affairs
1st Reading June 20th, 1989
2nd Reading July 12th, 1989
3rd Reading
Royal Assent
(Reprinted as amended by the Committee of the Whole House)
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
The puqx)se of the Bill is to amalgamate the City of Sarnia with the Town of
Clearwater on the 1st day of January, 1991 and to make the amalgamated City part of
the County for municipal purposes.
The council of the amalgamated City shall consist of eight members, elected on a
ward basis, four of whom shall also sit on County Council. The council of the County
shall consist of the mayor of each local municipality and the four members elected by
ward from the City. The distribution of votes on County Council is set out in subsection
18 (2).
Under Part VII certain powers that are usually conferred on local municipalities'
may, if prescribed by the Minister, be assumed by the County. The County is also
responsible for waste management, county roads and certain other roads described in,
section 54, health and social services and public libraries.
A board of arbitrators is appointed under section 80 to deal with disputes in respect i
of any adjustments of assets and liabilities that result from the amalgamation and transfer
of responsibilities.
Bill 35
1989
An Act respecting the
amalgamation of the City of Sarnia and the
Town of Clearwater and the addition of the
amalgamated City to the County of Lambton
CONTENTS
Section
1. Definitions
PARTI
LOCAL MUNICIPALITIES
2. Amalgamation
3. Name of City to be put to a
vote
4. Composition of interim City
council
5. Wards
6. Composition of councils
7. O.M.B. order
8. By-laws, resolutions of former
municipalities
9. Assets and liabilities transferred
to City
10. Taxes, charges, rates transferred
to City
11. Dissolution of committees of
adjustment
12. Dissolution of committees,
boards under 1982, c. 7
13. Repeal of certain by-laws,
resolutions, appointments
14. Fire departments
15. Offer of employment
16. Dissolution of police villages
PART II
COUNTY COUNCIL
17. Application
18. Interim County Council
19. Composition of County Council
20. Election of warden
21. Vacancies
22. Offer of employment
23. By-laws, resolutions continued
24. Assets and liabilities transferred
to County
Section
Part III
FORMER MUNICIPALITIES
25. Agreement
PART IV
SARNIA HYDRO
26. Hydro Commission
PART V
POLICE
27. Boards of Commissioners of
Police
28. Local board
29. Estimates
30. Transfer of assets, liabilities
31. Continuation of by-laws,
resolutions
32. Responsibility for County
enforcement
33. Transfer of police personnel
PART VI
BOUNDARY ADJUSTMENTS
34. Application of 1981, c. 70
35. Boundary application committee
36. Guidelines
37. Duties of committee
38. County proposal
39. Action by Minister
40. Order
PART VII
ASSUMPTION OF LOCAL
POWERS BY THE COUNTY
41. Local power
42. Transfer of rights, obligations,
etc.
43. Agreements
Bill 35
SARNIA-LAMBTON
1989
Section
44. Rates
45. Repeal of by-law
46. Disputes
47. Regulations
PART VIII
WASTE DISPOSAL
48. Definition
49. County waste facilities
50. Waste disposal, County
responsibility
51. Agreements
52. Adoption of certain provisions
53. Disputes
PART IX
COUNTY ROAD SYSTEM
54. County roads
55. Dissolution of roads commission
56. Assumption of highways by
County
57. R.S.O. 1980, c. 421, ss. 58, 59
do not apply
58. Bridges
59. Minister's order
PARTX
HEALTH AND SOCIAL
SERVICES
60. Lambton Health Unit
61. County responsible under
R.S.O. 1980, c. 188
62. Homes for the aged
63. 1984, c. 55 does not apply to
local municipality
64. Information to be provided to
County
PART XI
PUBLIC LIBRARIES
65. County library board
Section
66. Debt transferred to County
67. Transfer of employees
PART XII
FINANCES
68. Definitions
69. Prescribed equalization factor
70. Annual merged area
apportionment
71. Interim levy
72. Merged areas under R.S.O.
1980, c. 129
73. Where county-wide assessment
74. Direction of Minister of
Revenue
75. 1991 City rates
76. Adjustments of grant total
77. Appropriations
78. Adjustments of grants under
R.S.O. 1980, c. 359
79. Definitions
PART XIII
MISCELLANEOUS
80. Board of arbitrators
81. Industrial sites
82. By-laws respecting emergency
measures
83- Amendment to official plan
84. Double majority vote
85. Regulations respecting
employees
86. Repeal of ss. 4 and 18
87. Repeals
88. Commencement
89. Short title
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
Definitions J, In this Act,
"City" means The Corporation of the City of Sarnia-
Clearwater as created by the amalgamation of the former
municipalities under section 2;
"City of Sarnia" means the former municipality of The
Corporation of the City of Sarnia;
1989 SARNIA-LAMBTON Bill 35 3
"County" means The Corporation of the County of Lambton;
"County Council" means the council of the County;
"former municipalities" means The Corporation of the City of
Sarnia and The Corporation of the Town of Clearwater as
they existed before the 1st day of January, 1991;
"local municipality" means a city, town, village and township
forming part of the County for municipal purposes but does
not include a former municipality;
"Minister" means the Minister of Municipal Affairs;
"Municipal Board" means the Ontario Municipal Board;
"municipality" means a municipality, as defined in the Munic- R s.o. i980,
ipal Affairs Act, and a metropolitan, regional or district '^
municipality and the County of Oxford or a local board of
a metropolitan, regional or district municipality or of the
County of Oxford;
"pre-election period" means the period from the 1st day of
January, 1991 until the 30th day of November, 1991, inclu-
sive;
"prescribed" means prescribed by regulations made under this
Act;
"Town of Clearwater" means the former municipality of The
Corporation of the Town of Clearwater.
PART I
LOCAL MUNICIPALITIES
2.— (1) On the 1st day of January, 1991, The Corporation ;J;^^^s^-
of the City of Sarnia and The Corporation of the Town of
Clearwater are amalgamated under the name of "The Cor-
poration of the City of Samia-Clearwater".
(2) Despite section 5 of the Territorial Division Act, the ^^^[Jj™^
City forms part of the County for municipal purposes. County
R.S.O. 1980,
c. 497
(3) The City shall not apply for the annexation or amalga- ^^^^j"^^
mation of any land before the 1st day of January, 2016, unless SS,
the County Council and the council of every local municipality f^^^^'^gg'^g^^
the lands of which are part of the proposed annexation or ^ agreemen
4 Bill 35 SARNIA-LAMBTON 1989
amalgamation agree, by resolution, to the proposed appli-
cation being made.
Name of City 3, — (1) The City shall submit the question "Do you want
?vote^"^ ^'^ the new City to be named Sarnia" to the electors of the City
at the 1991 regular election.
Change of (2) If the majority of votes cast in response to the question
"^"^ are in the affirmative, the name of the City shall become The
Corporation of the City of Sarnia effective the 1st day of
January, 1992.
Idem (3) After the 1st day of January, 1992, the Minister may by
order alter the name of the City.
Composition 4, — (1) Despite subsection 30 (1) of the Municipal Act,
citycouncii during the pre-election period, the council of the City shall be
R.s.o. 1980, composed of,
c. 302
(a) a mayor, who shall be the person who was the
mayor of the City of Sarnia on the 31st day of
December, 1990;
(b) a deputy mayor, who shall be the person who was
the mayor of the Town of Clearwater on the 31st
day of December, 1990;
(c) a reeve, who shall be the person who was the reeve
of the Town of Clearwater on the 31st day of
December, 1990;
(d) a deputy reeve, who shall be the person who was
the deputy reeve of the Town of Clearwater on the
31st day of December, 1990; and
(e) twelve other members,
(i) eight of whom shall be the persons who were
the members of the council, except the
mayor, of the City of Sarnia on the 31st day
of December, 1990, and
(ii) four of whom shall be the persons who were
the members of the council, except the
mayor, reeve and deputy reeve, of the Town
of Clearwater on the 31st day of December,
1990.
First meeting (2) The first meeting of the council shall be held not later
than the 8th day of January, 1991.
1989 SARNIA-LAMBTON Bill 35 5
(3) Each member of council has one vote, one vote
(4) Despite section 72 of the Municipal Act, if the mayor of Acting mayor
the City is absent from the^ municipality or is unable or unwill- ^1^2 ^^^'
ing to act or the office of mayor is vacant, the deputy mayor
shall act in the place of the mayor and, while so acting, has all
the rights and powers of the mayor.
5. — (1) The City shall consist of four wards as described in wards
the Schedule.
(2) All wards in the former municipalities are dissolved. Dissolution
^ ^ of former
wards
6.— (1) Despite sections 30, 31, 32, 34 and 36 of the composition
of coiincils
Municipal Act, but subject to section 7, the council of each
local municipality shall be composed of a mayor, who shall be
elected by a general vote of the electors of the local munici-
pality and who shall be the head of the council, and the
following other members:
1. The City — eight members consisting of,
i. four members who shall be elected by wards,
one from each ward, as members of the coun-
cil of the City and of the County Council, and
ii. four members who shall be elected by wards,
one from each ward, as members of the coun-
cil of the City.
2. A town — six members who shall be elected by a
general vote of the electors of the town.
3. A township — four members who shall be elected by
a general vote of the electors of the township.
4. A village — four members who shall be elected by a
general vote of the electors of the village.
(2) Each member of the council of a local municipality has one vote
one vote.
(3) Despite section 37 of the Municipal Act, a person is ^^f^'jf^^^
qualified to be elected or hold office under paragraph 1 of hold office
subsection (1) if, in addition to being qualified under section
37 of the Municipal Act, that person at any time during the
period commencing on the Tuesday following the first
Monday in September in an election year and ending on the
Monday in October that precedes polling day by twenty-eight
Bill 35
SARNIA-LAMBTON
1989
days is a resident in or is the owner or tenant of land in or is
the spouse of such an owner or tenant in the ward in which
that person is seeking to be elected or to hold office. -i^h
?rikr^ 7. — (1) Upon the appHcation of a local municipality under
R s o 1980 subsection 13 (2) of the Municipal Act, or upon the petition of
c. 302 ' electors under subsection 13 (3) of that Act, the Municipal
Board may, by order,
(a) divide or redivide the local municipality into wards
and designate the name or number each ward shall
bear and declare the date when the division or
redivision takes effect;
(b) alter or dissolve any or all of the wards in the local
municipality and declare the date when the altera-
tion or dissolution takes effect; and
(c) vary the composition of the council of the local
municipality.
Limitation on
order
(2) No order made under subsection (1),
(a) shall take effect before the 1st day of December,i
1994; or
(b) shall alter the total number of members who repre-
sent the local municipality on the County Council or
the number of votes assigned to the members under
this Act,
Idem
(3) Despite subsection (1), the mayor of the local munici-
pality shall continue to be elected by a general vote of the
electors of the local municipality and shall be the head of
council of the local municipality and a member of the County
Council.
Where
inquiry by
Minister
Idem
(4) Where the Minister is inquiring into the structure,
organization and methods of operation of a local municipality
or the County, the Minister may give notice to the Municipal
Board of the inquiry and request that any application or peti-
tion made under subsection (1) be deferred until the inquiry
has been completed.
(5) If notice is given under subsection (4), all proceedings
in the application or petition are stayed until the Minister
gives notice to the Municipal Board that they may be contin-
ued.
No board of
control
(6) A local municipality shall not have a board of control.
1989
SARNIA-LAMBTON
Bill 35
8. — (1) Every by-law and resolution of a former municipal- By-iaws,
ity shall be deemed to be a by-law or resolution of the City ^0™°"' °^
and shall remain in force in the area of the former municipal- municipalities
ity until the earlier of,
(a) the date it is amended or repealed by the council of
the City; or
By-laws,
official plans
under
1983, c. 1
(b) the 31st day of December, 1992.
(2) Despite subsection (1), any by-law of a former munici-
pality passed under section 34 of the Planning Act, 1983, or a
predecessor of that section, and any official plan of a former
municipality approved under the Planning Act, 1983, or a pre-
decessor of that Act, shall remain in force until amended or
repealed.
(3) If a former municipality has commenced procedures to By-iaws that
enact a by-law that requires the approval of a minister of the approval
Crown, the Municipal Board or a provincial agency and the
approval has not been obtained before the 31st day of Decem-
ber, 1990, the council of the City may continue the procedures
to enact the by-law and subsection (1) appUes with necessary
modifications to the by-law.
By-laws,
resolutions
not affected
(4) Nothing in this section repeals or authorizes the amend-
ment or repeal of,
(a) by-laws or resolutions of the former municipalities
passed under section 45, 58 or 61 of the Drainage R s.o. i980.
Act or a predecessor of those sections; and
(b) by-laws or resolutions conferring rights, privileges,
franchises, immunities or exemptions that could not
have been lawfully repealed by the councils of the
former municipalities.
9. Except as otherwise provided in this Act, the assets and Assess and
liabilities of the former municipalities and their local boards transferred to
become assets and liabilities of the City or a local board city
thereof without compensation, and the City and its local
boards stand in the place of the former municipalities and
their local boards.
10. All taxes, charges or rates levied by a former munici-
pality under any general or special Act that are due and
unpaid on the 31st day of December, 1990 shall, after that
date, be taxes, charges or rates due and payable to the City
and may be collected and recovered by the City as if the tax-
es, charges or rates had been imposed by the City.
Taxes,
charges, rates
transferred to
City
8
Bill 35
SARNIA-LAMBTON
1989
Dissolution 11, — (1) Subject to subscction (4), on the 1st day of
committees January, 1991, the committees of adjustment of the former
of adjustmem municipalities are dissolved.
City to
establish
committee of
adjustment
Applications
continued
Continuing
matters
Dissolution
of
committees,
boards under
1982, c. 7,
R.S.O. 1980,
cc. 80, 417
(2) The City shall establish a committee of adjustment
under section 43 of the Planning Act, 1983.
(3) All applications to the committees of adjustment of the
former municipalities shall be deemed to be applications to
and shall be continued by the committee of adjustment of the
City.
(4) The committees of adjustment dissolved under sub-
section (1) and the terms of office of the members of the com-
mittees shall continue to the 31st day of January, 1991 for the
purpose of making a decision on any application for which a
hearing is completed before the 1st day of January, 1991.
12. — (1) The council of the City shall be deemed to be a
recreation committee under the Ministry of Tourism and
Recreation Act, 1982, a committee of management of a com-
munity recreation centre under the Community Recreation
Centres Act and a board of park management under the
Public Parks Act and all such committees and boards of the
former municipalities are dissolved on the 1st day of January,
1991.
Idem
(2) All by-laws and resolutions of the boards and commit-
tees dissolved under subsection (1) are continued as by-laws
and resolutions of the City, and shall remain in force until the
earlier of.
(a) the date they are amended or repealed by the City;
or
Certain
by-laws,
resolutions
continue
Repeal of
certain
by-laws,
resolutions,
appointments
(b) the 31st day of December, 1992.
(3) Nothing in this section repeals or authorizes the amend-
ment or repeal of by-laws or resolutions conferring rights,
privileges, franchises, immunities or exemptions that could
not have been lawfully repealed by the boards and committees
dissolved under subsection (1).
13. — (1) Despite section 8,
(a) the by-laws and resolutions of the City of Samia
establishing and appointing members to the Canada
Day Committee, Committee of Parks and Rec-
reation, Committee of Management of Marshall
Gowland Manor, Planning Advisory Committee,
1989
SARNIA-LAMBTON
Bill 35
Sarnia Heritage Committee and the Samia Museum
Board, all of the City of Sarnia, are repealed;
(b) the by-laws and resolutions of the Town of
Clearwater establishing and appointing members to
the Planning Advisory Committee of the Town of
Clearwater are repealed; and
(c) the terms of office of the appointees of the City of
Sarnia to the Property Standards Committee of the
City of Sarnia are terminated.
(2) Nothing in this section prevents the City from or Appointments
relieves the City of any responsibility for establishing or
making appointments to boards and committees.
14. — (1) Despite section 8, the City, on or before the 31st ^"^
day of January, 1991, shall,
(a) repeal the by-laws of the City of Sarnia and the
Town of Clearwater establishing their respective fire
departments; and
(b) establish a fire department for the City.
departments
(2) Every person who is a member of the fire department F'^e fighters
of the City of Sarnia or the Town of Clearwater on the 1st day
of July, 1990 and continues to be a member until the 31st day
of December, 1990 becomes a member of the fire department
established under clause (1) (b).
(3) In subsection (2), "member" means a full-time fire Definition
fighter and a volunteer fire fighter as defined in the Fire R s.o. i980.
Departments Act.
15. Except as otherwise provided in this Act, the City or a o^er of ^^
local board thereof shall offer to employ every person who ^'"p^^"'^"
was employed by a former municipality or a local board
thereof on the 1st day of July, 1990 and who continued to be
so employed until the 31st day of December, 1990.
16.— (1) The Police Village of Inwood and the Police ^/''°j|;!^°"
Village of Florence are dissolved on the 1st day of January, Jmage?^
1991.
(2) The Municipal Board, upon the application of a local Further
municipality or a local board thereof or of its own motion, ^°^^^^
may exercise the powers under section 25 of the Municipal R s o. i980,
Act consequent upon the dissolutions.
10
Bill 35
SARNIA-LAMBTON
1989
(3) Sections 94 and 95 of the Ontario Municipal Board Act
No further
rTo 1980 ^^ ^^^ ^Pply to decisions or orders made in the exercise of the
c. 347 powers under subsection (2).
PART II
COUNTY COUNCIL
Application \j^ xhis Part applies despite sections 27, 28 and 29 of the
R.s.o. 1980, Municipal Act.
c. 302 ^
Interim
County
Council
Distribution
of votes
18. — (1) During the pre-election period, the County
Council shall have thirty-seven members consisting of,
(a) the mayor, reeve and deputy reeve of the City;
(b) the reeve of the Village of Alvinston, the Village of
Arkona, the Village of Oil Springs and the Village
of Thedford; and
(c) the reeve and deputy reeve of the Town of Forest,
the Town of PetroHa, the Village of Grand Bend,
the Village of Point Edward, the Village of
Watford, the Village of Wyoming, the Township ot
Bosanquet, the Township of Brooke, the Township
of Dawn, the Township of Enniskillen, the Town^
ship of Euphemia, the Township of Moore, the
Township of Plympton, the Township of Sombra
and the Township of Warwick.
(2) The members of the County Council under subsection
(1) shall have a total of seventy-three votes of which,
(a) the mayor of the City shall have ten votes;
(b) the reeve and deputy reeve of the City shall each
have nine votes;
(c) the reeve of the Township of Bosanquet and the
Township of Moore shall each have three votes;
(d) the reeve of the Town of Petrolia, the Township of
Enniskillen, the Township of Plympton and the
Township of Sombra shall each have two votes;
(e) the deputy reeve of the Township of Bosanquet, the
Township of Moore and the Township of Plympton
shall each have two votes; and
(f) all other members shall have one vote.
1989 SARNIA-LAMBTON 611135 11
(3) The first meeting of the County Council shall be held F'^st meeting
after the council of the City has held its first meeting under
subsection 4 (2) but, in any event, not later than the 15th day
of January, 1991.
(4) Despite subsection 51 (1) of the Municipal Act, the warden
County Council established under subsection (1) shall, at the f'^^' ^^^'
first meeting at which a majority of the members is present,
elect one of its members to be warden and, for such election,
each member of County Council shall have one vote.
(5) The term of the warden of the County holding office on Term of
the 30th day of November, 1990 is extended until a new
warden is elected under subsection (4).
19. — (1) The County Council shall be composed of, composition
Council
(a) the mayor of each local municipality; and
(b) the four county ward members of the council of the
City.
(2) The members of the County Council under subsection Distribution
(1) shall have a total of thirty-seven votes of which,
(a) the mayor and each county ward member of the
council of the City shall have three votes;
(b) the mayor of the Township of Bosanquet, the
Township of Moore and the Township of Plympton
shall each have two votes; and
(c) all other members shall have one vote.
(3) The County Council shall review the distribution of Review
votes under subsection (2) on or before the 1st day of
January, 2001.
(4) Despite subsection 18 (2) and subsection (2) of this ^/'^^f^f J
section, upon the recommendation of the Minister, the Lieu- mayors
tenant Governor in Council may by order provide for the
manner in which the County Council votes of the mayors of
municipalities being amalgamated should be distributed to the
local municipalities, other than the City, that would exist after
such amalgamation.
20.— (1) Despite subsections 19 (2), for the purposes of E^ej^o" o^
electing the warden of County Council, each member shall
have one vote.
12
Bill 35
SARNIA-LAMBTON
1989
County
warden
Vacancies
Offer of
employment
By-laws,
resolutions
continued
By-laws that
require
approval
By-laws,
resolutions
not affected
Assets and
liabilities
transferred to
County
(2) The warden of the County Council shall bear the title of
county warden. -^^
21. The seat of a mayor of a local municipality and the
seat of a county ward member of the council of the City
becomes vacant if his or her seat on the County Council is
declared vacant by the County Council.
22. The County or a local board thereof shall offer to
employ every person who, on the 1st day of July, 1990, was
employed in any undertaking carried on by or on behalf of
any former or local municipality or local board thereof that is
assumed by the County or a local board thereof under this
Act and who continues to be so employed until the 31st day of
December, 1990.
23. — (1) Every by-law and resolution of a former or local
municipality in respect of any undertaking carried on by or on
behalf of a former or local municipality that is assumed by the
County under this Act shall be deemed to be a by-law or reso-
lution of the County and shall remain in force in the area of
the former or local municipality until the earlier of,
(a) the date it is amended or repealed by the council of
the County; or
(b) the 31st day of December, 1992.
(2) If a former or local municipahty has commenced proce-
dures to enact a by-law that requires the approval of a minis-
ter of the Crown, the Municipal Board or a provincial agency
and the approval has not been obtained before the 31st day of
December, 1990, the council of the County may continue the
procedures to enact the by-law and subsection (1) applies with
necessary modifications to the by-law.
(3) Nothing in this section repeals or authorizes the amend-
ment or repeal of by-laws or resolutions conferring rights,
privileges, franchises, immunities or exemptions that could
not have been lawfully repealed by the councils of the former
municipalities.
24. All assets and liabilities of a former or local munici-
pality or a local board thereof in respect of any undertaking
carried on by or on behalf of any former or local municipality
or local board thereof that is assumed by the County or a
local board thereof under this Act become assets and liabili-
ties of the County or a local board thereof without compensa-
tion, and the County and its local boards stand in the place of
the former or local municipalities and their local boards.
1989 SARNIA-LAMBTON Bill 35 13
PART III
FORMER MUNICIPALITIES
25. — (1) The City of Sarnia and the Town of Clearwater Agreement
shall enter into an agreement with respect to,
(a) fee structures;
(b) capital improvements;
(c) the adequacy of public buildings;
(d) maintenance of current levels of services;
(e) shared capital expenditures;
(f) impost fees;
(g) capital improvements;
(h) cash in lieu of parkland;
(i) organizational structures;
(j) the financing of capital expenditures;
(k) capital budgets;
(1) equipment reserve accounts;
(m) contributions to reserve accounts;
(n) shoreline protection;
(o) public transit;
(p) rural water supply;
(q) water meters; and
(r) major recreation complexes.
(2) The councils of the County, the City of Sarnia and the Jo'"^
Town of Clearwater shall establish a joint implementation '^°'"
committee to make recommendations with respect to the
agreement and any other matter set out in this Act.
(3) The joint committee shall submit its recommendations J^^^JJ^^'^o^be
to the Minister on or before the 1st day of May, 1990. subSed to
Minister
14
Bill 35
SARNIA-LAMBTON
1989
Order
effecting
recommen-
dations
(4) Subject to any other Act, the Lieutenant Governor in
Council may, upon the recommendation of the Minister, by
order give effect to any recommendation of the joint com-
mittee.
PART IV
SARNIA HYDRO
Hydro
commission
R.S.O. 1980,
cc. 423, 384
Composition
of
commission
R.S.O. 1980,
c. 308
Term of
office
Delegate of
mayor
26. — (1) A hydro-electric power commission for the City
is hereby established on the 1st day of January, 1991 and shall
be deemed to be a commission established under Part III of
the Public Utilities Act and a municipal commission within the
meaning of the Power Corporation Act.
(2) Despite section 41 of the Public Utilities Act, the hydro-
electric power commission shall,
(a) during the pre-election period, be composed of,
(i) the members of the commission dissolved
under subsection (5), and
(ii) the deputy mayor and reeve of the City; and
(b) after the pre-election period, be composed of,
(i) the mayor of the City, and
(ii) four other members who are qualified electors
in the City under the Municipal Elections Act
who shall be elected by a general vote of the
electors of the City.
(3) A member of the commission shall hold office for the
same term as the members of council or until the successor of
the member is elected or appointed.
(4) The council of the City may by by-law, passed with the
written consent of the mayor, appoint a delegate from among
the members of the council to represent the mayor on the
commission.
Dissolution
Transfer of
assets,
liabilities
(5) The Hydro-Electric Commission of the City of Sarnia is
dissolved on the 1st day of January, 1991.
(6) On the 1st day of January, 1991, the assets of the Town
of Clearwater, the assets under the control and management
of the commission dissolved under subsection (5) and the lia-
bilities of the Town of Clearwater and of such commission
1989
SARNIA-LAMBTON
Bill 35
15
that relate to the distribution and supply of electrical power
become assets under the control and management of and Ua-
bilities of the commission established under subsection (1),
without compensation.
(7) On the 1st day of January, 1991, the commission estab- ^Ji^S^^^^ °^
lished under subsection (1) shall acquire the retail distribution
facilities within the Town of Clearwater used by Ontario
Hydro on the 31st day of December, 1990 in the retail distri-
bution of power, including equipment leased by Ontario
Hydro to retail customers within the Town of Clearwater for
the use of such power, and the price of the facilities shall be
equal to the original cost of the facilities less the sum of the
accumulated net retail equity of the customers supplied with
power through the facilities and the accumulated depreciation
associated with the facilities.
retail
distribution
facilities from
Ontario
Hydro
(8) In subsection (7),
Definitions
"accumulated net retail equity" means the portion of the
equity accumulated through debt retirement appropriations
recorded for the rural power district relating to Ontario
Hydro's rural retail system plus the portion of the balance
recorded for rural retail customers in the Stabilization of
Rates and Contingencies Account, in the books of Ontario
Hydro;
"retail distribution facilities" means works for the transmis-
sion and supply of power at voltages less than 50 kilovolts
other than works located within a transformer station that
transforms power from voltages greater than 50 kilovolts to
voltages less than 50 kilovolts.
(9) All by-laws and resolutions of the Town of Clearwater S°J^*""J^^'°"
land of the commission dissolved under subsection (5) that resolutions'
S relate to the distribution and supply of electrical power are
I continued as by-laws and resolutions of the commission estab-
^ lished under subsection (1), and shall remain in force until the
^earher of,
(a) the date they are amended or repealed by the
commission; or
(b) the 31st day of December, 1992.
(10) Nothing in this section repeals or authorizes the ^^^^^^
amendment or repeal of by-laws or resolutions conferring re^soSns
rights, privileges, franchises, immunities or exemptions that ^^gJ'P^
could not have been lawfully repealed by the Town of
16
Bill 35
SARNIA-LAMBTON
1989
Clearwater or by the commission dissolved under subsection
(5).
PART V
POLICE
Boards of
Commis-
sioners of
Police
R.S.O. 1980,
c. 381
Interim
board
27.— (1) On the 1st day of January, 1990, The Board of
Commissioners of Police of the City of Sarnia and The Board
of Commissioners of Police of the Town of Clearwater are
amalgamated and the new board shall be deemed to be a
board established under section 8 of the Police Act.
(2) Despite section 8 of the Police Act, from the 1st day of
January, 1990 to the 30th day of November, 1991, inclusive,
the board shall be composed of the members of the boards
amalgamated under this section.
Composition
of board
(3) On and after the 1st day of December, 1991, the board
shall be composed of those members provided for under
section 8 of the Police Act.
Temporary
name
(4) During 1990, the board shall be called "The Board of
Commissioners of Police of the City of Sarnia and the Town
of Clearwater".
Police service
Idem
Local board
(5) During 1990, the board is responsible for providing
police service for the City of Sarnia and the Town of
Clearwater and, for the purpose of exercising its powers under
any general or special Act, the City of Sarnia and the Town of
Clearwater shall be deemed to be amalgamated as a city
municipality.
(6) On and after the 1st day of January, 1991, the board is
responsible for providing police service for the City.
28. — (1) During 1990, the board shall be deemed to be a
local board of the City of Sarnia and not of the Town of
Clearwater.
Rights
protected
(2) Despite subsection (1), a resident or elector of the
Town of Clearwater has the same rights and privileges as a
resident or elector of the City of Sarnia relating to police
matters.
Transfer to
City
(3) On the 1st day of January, 1991, the board shall con-
tinue as the board of commissioners of police of the City and
a local board of the City.
1989 SARNIA-LAMBTON Bill 35 17
29. — (1) The board shall, in preparing its 1990 estimates Estimates
under subsection 14 (2) of the Police Act, show separately the ^ sx). i980,
amount required to provide police service in the Town of
Clearwater and in the City of Sarnia.
c. 381
(2) The amount of the estimates for providing police ser- idem
vice in the Town of Clearwater shall be deemed to be a debt
of the Town of Clearwater falling due in 1990 for the purposes
of section 164 of the Municipal Act, and the Town of RS;0. i980,
Clearwater shall pay this amount to the City of Sarnia no later
than the 30th day of June, 1990.
c. 302
(3) If there is a disagreement between the City of Sarnia oisagree-
and the Town of Clearwater on how the estimates are broken ^^^ ^
down under subsection (1), the City of Sarnia or the Town of
Clearwater may refer the matter to the Ontario Police
Commission and the decision of the Ontario Police Commis-
sion is final.
30. On the 1st day of January, 1990, the assets under the Transfer of
control and management of the boards amalgamated under liabilities
subsection 27 (1) and all liabilities of such boards become
assets under the control and management of and liabilities of
the board, without compensation.
31.— (1) On the 1st day of January, 1990, all by-laws and ^f°J*'1^^^^'°"
resolutions of the boards amalgamated under subsection resolutions'
27 (1) are continued as by-laws and resolutions of the board
and shall remain in force in the former municipality for which
they were passed until the earlier of,
(a) the date they are amended or repealed by the
board; or
(b) the 31st day of December, 1990.
(2) Nothing in this section repeals or authorizes the amend- Certain
ment or repeal of by-laws or resolutions conferring rights, resotut^ns
privileges, franchises, immunities or exemptions that could remain
not have been lawfully repealed by the boards amalgamated
under subsection 27 (1).
32. On and after the 1st day of January, 1991, the board ^^^^^^^
and the members of the police force of the City shall have the county
same duties with respect to by-laws of the County as they do enforcement
with respect to by-laws of the City.
33. Every person who is a member of the police force of ^^^"^^^"^ °^
the Town of Clearwater or of the police force of the City of personnel
Sarnia on the 1st day of July, 1989, and who continues to be a
18
Bill 35
SARNIA-LAMBTON
1989
member until the 31st day of December, 1989, becomes on
the 1st day of January, 1990 a member of the police force
created by the amalgamation under subsection 27 (1).
PART VI
BOUNDARY ADJUSTMENTS
Application
of
1981, c. 70
Idem
34. — (1) This Part applies to applications made to the
Minister under section 2 of the Municipal Boundary Negotia-
tions Act, 1981, that are being processed on the day this Part
comes into force, and to future applications made under that
section before the 1st day of January, 1991, to resolve an
intermunicipal boundary issue or an intermunicipal boundary-
related issue in the County.
(2) Subsection (1) does not apply to an issue involving a
boundary of the County unless, in the opinion of the Minister,
that issue is of a minor nature.
1981, c. 70
does not
apply
Exception
(3) Except as otherwise provided in this Part, the Municipal
Boundary Negotiations Act, 1981 does not apply to an appli-
cation to which this Part applies.
(4) Sections 15 to 21 of the Municipal Boundary Negotia-
tions Act, 1981 apply with necessary modifications to an appli-
cation to which this Part applies and to an order made under
section 40.
Boundary
application
committee
Composition
of committee
Presiding
officer
Guidelines
35. — (1) The warden of County Council shall, within
thirty days of this Part coming into force, appoint a boundary
application committee.
(2) The committee shall have five members consisting of,
(a) the warden;
(b) two members of County Council representing towns
or villages; and
(c) two members of County Council representing
townships.
(3) The members of the committee shall appoint a
presiding officer.
36. The committee shall establish guidelines for consider-
ing boundary applications in consultation with the Ministry of
Municipal Affairs.
1989 SARNIA-LAMBTON Bill 35 19
37. — (1) For each application to which this Part applies, Duties of
the committee shall, having regard for the guideUnes estab- '^"'"'"'"^^
lished under section 36,
(a) determine and inquire into the issues raised by the
application;
(b) determine the party municipalities which have a
substantial interest in the issues raised; and
(c) obtain the opinion of the party municipalities and of
any local board that the committee considers is
affected by the application, on the issues raised by
the application.
(2) Subject to subsections (4) and (5), the committee shall wem
prepare and submit to County Council a report setting out,
(a) the issues;
(b) the party municipalities in respect of each issue;
(c) the extent of agreement or disagreement on the
issues;
(d) any agreement the party municipalities have
reached on any of the issues;
(e) the recommendations of the committee on how the
issues raised by the application should be resolved;
and
(f) any other matters the committee considers appro-
priate.
(3) The committee may make recommendations under Recommen-
clause (2) (e) with respect to,
(a) the matters set out in paragraphs 1 to 24 of section
14 of the Municipal Boundary Negotiations Act, i98i, c. 70
1981;
(b) the name of a local municipality; and
(c) in the event the committee recommends an amalga-
mation, how the County Council votes of the
mayors of the municipalities being amalgamated
should be distributed to the local municipalities,
other than the City, that would exist after such
amalgamation.
20
Bill 35
SARNIA-LAMBTON
1989
Public
meeting
Idem
Amendments
to report
Notice of
meeting
County
proposal
Recommen-
dations
Action by
Minister
Order
(4) The committee shall, before preparing its report, hold
at least one public meeting for the purpose of obtaining
information, comments or opinions regarding the application.
(5) The committee shall, after preparing its report and
before submitting it to County Council, hold at least one pub-
lic meeting for the purpose of obtaining submissions and com-
ments from the public in respect of the contents of the report.
(6) The committee may amend its report after the public
meeting required under subsection (5) and before submitting
it to County Council.
(7) Notice of a public meeting required under subsection
(4) or (5) shall be given at least fifteen days in advance of
each meeting by publishing it in a newspaper having general
circulation in the party municipalities.
38. — (1) The County Council shall consider the report of
the committee and shall, within sixty days after receiving the
report and having regard to the guidelines established by the
committee under section 36, submit to the Minister a proposal
with respect to the resolution of the issues raised by the appli-
cation.
(2) The proposal may contain recommendations with
respect to the matters set out in subsection 37 (3).
39. The Minister shall, within sixty days of receipt of the
proposal,
(a) submit to the Lieutenant Governor in Council a
recommendation with respect to one or more of the
matters set out in subsection 37 (3);
(b) refer any issue back to County Council or the com-
mittee for further consideration;
(c) terminate further consideration of the application;
(d) refer any issue to the Municipal Board to hear any
party municipality and, after a hearing, to make
recommendations thereon; or
(e) take such other action as the Minister considers
appropriate.
40. Upon receipt of the recommendation of the Minister,
the Lieutenant Governor in Council may by order provide for
one or more of the matters set out in subsection 37 (3).
1989 SARNIA-LAMBTON Bill 35 21
PART VII
ASSUMPTION OF LOCAL POWERS BY THE COUNTY
41. — (1) In this Part, "local power" means a power that is Local power
conferred by any general or special Act on local municipalities
or local boards thereof and that is prescribed by the Minister,
(2) The County Council may pass by-laws to assume any Assumption
local power for all of the local municipalities. ^vJeT
(3) No by-law under subsection (2) shall be passed or Double
1 J 1 majority vote
repealed unless, ^ ^
(a) a majority of all the votes on County Council are
cast in its favour; and
(b) members of County Council representing a majority
of the local municipalities cast their votes in its
favour.
(4) For the purpose of clause (3) (b), the members of i^^m
County Council representing the City shall only be considered
to have cast their votes in favour of a by-law if at least three
of the City representatives cast their votes in its favour.
(5) When a by-law passed under subsection (2) comes into Effect of
effect, ^^
(a) the County is responsible for the local powers
assumed by the County in all of the local municipal-
ities;
(b) the County has the powers conferred by any general
or special Act upon the local municipalities or local
boards thereof related to the local powers assumed
by the County;
(c) no local municipality shall exercise the local powers
assumed by the County and any by-law or other
measure of a local municipality under that power is
of no effect; and
(d) no local municipality shall provide any service or
facility under the local power assumed by the
County within the County without the consent of
County Council, which consent may be given upon
such conditions, including the payment of compen-
sation, as may be agreed upon.
22
Bill 35
SARNIA-LAMBTON
1989
Appeal to
O.M.B.
(6) If consent is refused under clause (5) (d) or the council
of the local municipality and the County Council fail to agree
on the conditions related to the consent, the applicant may
appeal to the Municipal Board which shall hear and determine
the matter.
Decision of (7) The Municipal Board may impose such conditions as it
considers appropriate and the decision of the Municipal Board
is final.
No further
appeal
R.S.O. 1980,
c. 347
Transfer of
rights, obliga-
tions, etc.
Assumption
by County of
debt
Interest
(8) Section 94 of the Ontario Municipal Board Act does not
apply to a decision made under subsection (7).
42. — (1) All rights, obligations, assets and liabilities of a
local municipality or local board thereof pertaining to the
local powers assumed by the County are vested in the County
and financial adjustments, calculated in accordance with such
criteria as may be prescribed, shall be made between the
County and the local municipalities or local boards thereof.
(2) The County shall pay to the local municipality or local
board thereof on or before the due date all amounts of princi-
pal and interest becoming due upon any outstanding debt of
that local municipality or local board in respect of the local
powers assumed by the County.
(3) If the County fails to make any payment required under
subsection (2) on or before the due date, the local municipal-
ity or local board may charge the County interest at the rate
of 15 per cent per annum, or such lower rate as the local
municipality or local board determines, from the due date
until payment is made,
43. — (1) If a local municipality or local board thereof had
entered into an agreement with any municipality or other per-
son in respect of the local power assumed by the County, the
County shall be bound by and entitled to the benefit of the
agreement and the local municipality or local board thereof is
relieved of all liability under the agreement.
(2) The County Council may enter into agreements with
any municipality or other person for establishing, construct-
ing, operating or managing any service or facility that is within
the jurisdiction of the County Council as a result of the pas-
sage of the by-law under subsection 41 (2).
Rates 44, — (1) Despite sections 368 and 368e of the Municipal
f 302 ^^^' ^^^' ^^^ County Council may by by-law provide for imposing
on and collecting from the local municipalities for which it is
providing services or facilities under the assumed local powers
Agreements
Idem
1989 SARNIA-LAMBTON Bill 35 23
a rate sufficient to pay the whole, or such portion as the by-
law may specify, of the expenditures and capital costs includ-
ing debenture charges related to the services or facilities and
such rate may vary on any basis the County Council considers
appropriate and specifies in the by-law.
(2) All rates under subsection (1) constitute a debt of the ''lem
local municipality to the County and are payable at such times
and in such amounts as may be specified by by-law of the
County Council.
(3) Despite sections 368 and 368e of the Municipal Act, a collection of
local municipality may, J^^^'^ ^^^
c. m
(a) pay the whole or part of the amount chargeable to
it under this section out of its general funds;
(b) pass by-laws for collecting the whole or part of the
amount chargeable to it under this section in the
same manner as that local municipality could have
collected the amount if the local power had not
been assumed by the County; and
(c) include the whole or any part of an amount charge-
able to it under this section as part of the cost of an
urban service within an urban service area estab-
lished in the local municipality under any general or
special Act.
45. — (1) When a by-law under subsection 41 (2) is Repeal of
, J ^ '^ -^ ^ ■' by-law
repealed,
(a) the local powers assumed by the County revert to
the local municipalities and local boards thereof as
they exist on the day the by-law is repealed;
(b) all rights, obligations, assets and liabilities of the
County or local board thereof pertaining to the
local powers are vested in the local municipalities or
local boards thereof;
(c) financial adjustments, calculated in accordance with
such criteria as may be prescribed, shall be made
between the County or local board thereof and the
local municipaUties or local boards thereof; and
(d) the local municipalities or local boards thereof shall
pay to the County or local board thereof on or
before the due date all amounts of principal and
interest becoming due upon any outstanding debt of
24
Bill 35
SARNIA-LAMBTON
1989
the County or local board thereof in respect of the
local powers reverting to the local municipalities or
local boards thereof.
Interest
(2) If the local municipalities or local boards thereof fail to
make any payment required under clause (1) (d) on or before
the due date, the County or local board thereof may charge
the local municipalities or local boards thereof interest at the
rate of 15 per cent per annum, or such lower rate as the
County or local board thereof determines, from the due date
until payment is made.
Agreements (3) jf the County or local board thereof had entered into an
agreement with any municipality or other person in respect of
the local power reverting to the local municipalities or local
boards thereof, the local municipalities or local boards thereof
are bound by the agreement and the County or local board
thereof is relieved of all liability under the agreement.
Disputes 45, — (1) If a dispute arises in respect of the financial
adjustments or the vesting of assets and Uabilities under sub-
section 42 (1) or clause 45 (1) (b), or the transfer of agree-
ments under subsection 43 (1) or subsection 45 (3), the
County, local municipality or local board affected may appl)
to the Municipal Board for a resolution of the dispute and the
Municipal Board shall hear and determine the matter and its
decision is final.
R.S.O. 1980,
c. 347, s. 94
does not
apply
Regulations
(2) Section 94 of the Ontario Municipal Board Act does not"
apply to a decision made under subsection (1).
47. — (1) The Lieutenant Governor in Council may make
regulations.
(a) providing for the security of employment, the pro-
tection of benefits, including seniority and pensions,
and early retirement options for employees affected
by by-laws passed or repealed under this section;
(b) prescribing the criteria for determining the amount
of and the manner of payment of the financial
adjustments under subsections 42 (2) and 45 (1) and
for providing which body shall pay and which body
shall receive the payments made under those sub-
sections.
Minister's
order
(2) The Minister may by order prescribe the local powers to
which this Part applies.
1989
SARNIA-LAMBTON
PART VIII
Bill 35
25
WASTE DISPOSAL
48. In this Part, "waste" means garbage, refuse, domestic Definition
waste, industrial solid waste or municipal refuse and such
other waste as may be designated by by-law of the County
Council.
49. — (1) On and after the 1st day of January, 1991, the County waste
County shall provide facilities for receiving, dumping and dis- ^"^"'^^
posing of waste and no local municipality or local board
thereof shall provide such facilities.
(2) For the purposes of subsection (1), the County Council county
has the powers conferred by any general or special Act upon p"^^'^
the local municipalities and local boards thereof for the receiv-
ing, dumping and disposing of waste.
(3) The County Council may, for each local municipality. Designated
designate one or more facilities for the receiving, dumping
and disposing of waste or any class thereof.
(4) If a designation has been made, a local municipality i^em
shall not utilize any facilities except the facilities that have
been designated for that local municipality.
50. — (1) No facilities for the receiving, dumping and dis- Yi'^^te
posing of waste shall be provided in the County by any county'
municipality or other person without the consent of the responsibility
County Council, which consent may be given upon such
terms, including the payment of compensation, as may be
agreed upon.
(2) Subsection (1) does not apply to prevent any person or
any municipality which does not form part of the County for
municipal purposes from providing facilities for the receiving,
dumping and disposing of waste if such facilities were being
lawfully provided on the 1st day of January, 1991, so long as
that facility continues to operate without interruption.
(3) If the County Council refuses its consent under sub-
section (1) or the applicant and the County Council fail to
agree on the terms related to the consent, the applicant may
appeal to the Municipal Board which shall hear and determine
the matter and may impose such conditions as the Board con-
siders appropriate.
(4) The decision of the Municipal Board is final.
Existing
facilities
Disagree-
ments to
O.M.B.
Decision final
26
Bill 35
SARNIA-LAMBTON
1989
R.S.O. 1980,
c. 347, s. 94
does not
apply
Agreements
(5) Section 94 of the Ontario Municipal Board Act does not
apply to a decision made under subsection (3).
51. The County Council may enter into agreements with
any municipality or other person for establishing, construct-
ing, operating or managing, facilities for the receiving, dump-
ing and disposing of waste.
Adoption of 52. Section 42, subsection 43 (1), section 44 and clause ,
provisions 47 (1) (b) apply with necessary modifications to the powers
granted to the County under this Part to provide facilities for
receiving, dumping and disposing of waste.
Disputes 53, If a dispute arises in respect of the financial adjust-
ments or the vesting of assets and liabilities, or the transfer of
agreements under this Part, the board of arbitrators estab-
lished under section 80 has the power to hear and determine
the matter.
PART IX
COUNTY ROAD SYSTEM
i
County roads 54. Qn and after the 1st day of January, 1991, all roads
under the jurisdiction and control of the County shall continue >
to form part of the county road system together with, '
(a) the roads that on the 31st day of December, 1990
are under the jurisdiction and control of the Sarnia
Suburban Roads Commission;
(b) the roads within the City prescribed by the
Minister; and
R.S.O. 1980,
c. 421
(c) the roads that on the 31st day of December, 1990
are covered by an agreement under section 58 of
the Public Transportation and Highway Improve-
ment Act.
Dissolution 55, — (1) xhe Sarnia Suburban Roads Commission is dis-
commission solved on the Ist day of January, 1991 and the assets and lia-
bilities of the commission are transferred to the County on
that date.
Transfer of
benefits,
liabilities
(2) The County has, in respect of the roads included in the
county road system, all the rights, powers and benefits con-
ferred and is subject to all liabilities imposed by statute,
by-law, contract or otherwise upon the Sarnia Suburban
Roads Commission.
1989 SARNIA-LAMBTON Bill 35 27
56. — (1) Despite subsections 270 (1), (2) and (4) of the Assumption
Municipal Act, the County Council may by by-law assume as a bj Snty ^
county road any highway within a local municipality. r.s.o. 1980,
c. 302
(2) A by-law passed under subsection (1) does not take Consent
effect until assented to by the council of the local municipal- ^^^"^'^
ity.
(3) The County Council may by by-law assume as a county Connecting
road any highway in a local municipality that connects with a ^°^'^^
county road.
57.— (1) Sections 58 and 59 of the Public Transportation RS.o. i980,
and Highway Improvement Act do not apply to the County or 58,^59' do
the local municipalities. not apply
(2) All existing agreements between the County and a local jp^'^jf^^s
municipality under section 58 of the Public Transportation and
Highway Improvement Act are terminated on the 1st day of c.m
January, 1991.
agreements
R.S.O. 1980,
i
58.— (1) Despite subsections 278 (1) and (2) of the Badges
Municipal Act, a bridge that, on the 31st day of December, R so. i980,
1990, is under the exclusive or joint jurisdiction and control of '^' ^^^
County Council is on the 1st day of January, 1991 transferred
to and vested in the council of the local municipality that has
jurisdiction over the highway on which the bridge is situate.
(2) Subsection (1) does not apply to bridges, Limitation
(a) on county roads;
(b) on a boundary line between local municipalities; or
(c) on a county boundary Hne.
59. The Minister may by order prescribe the roads within Ministers
the City which are county roads.
PARTX
HEALTH AND SOCIAL SERVICES
60.— (1) On and after the 1st day of January, 1991, the \^^^^^^^
Lambton Health Unit shall be composed of,
(a) not more than six members appointed from and by
the County Council; and
28
Bill 35
SARNIA-LAMBTON
1989
(b) not more than two persons appointed by the
Lieutenant Governor in Council upon the recom-
mendation of the Minister of Health.
County
responsible
for expenses
1983, c. 10
(2) Despite any other Act, the expenses incurred by the
Lambton Health Unit in establishing and maintaining the
health unit and performing its functions under the Health
Protection and Promotion Act, 1983 or any other Act shall be
paid by the County.
County 51, por the purposes of the General Welfare Assistance
under Act, uo local municipality shall be deemed to be a municipal-
R.s.o. 1980, ity and the County shall have sole responsibility as a County
for all matters provided for in that Act.
Homes for
the aged
62. — (1) The homes for the aged known as Twilight
Haven, North Lambton and Marshall Gowland, and all assets
and liabilities thereof, vest solely in the County on and after
the 1st day of January, 1991.
No local
municipality
has authority
under
R.S.O. 1980,
c. 203
Costs
R.S.O. 1980,
c. 302
(2) No local municipality has authority to establish, erect or
maintain a home for the aged under the Homes for the Aged
and Rest Homes Act.
(3) The costs of operating and maintaining Twilight Haven,
North Lambton and Marshall Gowland shall form part of the
levy under section 164 of the Municipal Act.
1984, c. 55 53, No local municipality shall be deemed to be a munici-
ctocs not
apply to local pality for the purposes of the Child and Family Services Act,
municipality J 9§^ ,
Information
to be
provided to
County
64. Every local municipality and every officer or
employee thereof shall, at the request of the officers of the
County who are responsible for the administration of the Acts
referred to in this Part, furnish to the County officers any
information they may require for the purposes of this Act.
PART XI
PUBLIC LIBRARIES
County
library board
1984, c. 57
65. — (1) A county library board for the entire County to
be known as "The Lambton County Library Board" is hereby
established on the 1st day of January, 1991 and shall be
deemed to be a county library board established under Part I
of the Public Libraries Act, 1984.
1989
SARNIA-LAMBTON
Bill 35
29
(2) Subsection 9 (6) of the Public Libraries Act, 1984 does i984, c. 57,
not apply in the County.
9(6)
does not
apply
Apportion-
ment of
(3) All local municipalities shall be deemed to be partici-
pating municipalities for the purposes of subsection 26 (1) of coun\y"\evy
the Public Libraries Act, 1984.
(4) All library boards of the County, local municipalities Transfer of
and former municipalities are dissolved on the 1st day of uaMities to
January, 1991 and their assets and liabilities are transferred to county
the county library board established under subsection (1), ^""^^^^^^^^
without compensation.
(5) All by-laws, rules, regulations and fees passed or estab- Continuation
lished by the boards dissolved under subsection (4) are contin- etc. ^ ^*^'
ued as by-laws, rules, regulations and fees of the county
library board and shall remain in force until the earlier of,
(a) the date they are amended or repealed by the
board; or
(b) the 31st day of December, 1992.
(6) Nothing in this section repeals or authorizes the amend- Certain
ment or repeal of by-laws conferring rights, privileges, fran- continued
chises, immunities or exemptions that could not have been
lawfully repealed by a board dissolved under subsection (4).
66. The County shall pay to each local municipality, on or Debt
trsnsrcrrccl to
before the due date, all amounts of principal and interest county
becoming due upon any outstanding debt of each local munici-
pality in respect of public libraries and, if the County fails to
pay the amounts before the due date, the local municipality
may charge the County interest at the annual rate of 15 per
cent, or such lower rate as the local municipaUty determines,
from the due date until payment is made.
67. Every person who was an employee of a board dis-
solved under this Part on the 1st day of July, 1990, and con-
tinues to be employed until the 31st day of December, 1990,
becomes, on the 1st day of January, 1991, an employee of the
county library board.
PART XII
FINANCES
Transfer of
employees
68. In this Part,
Definitions
30 Bill 35 SARNIA-LAMBTON 1989
"average municipal commercial mill rate" means, in respect of
a local municipality, the rate obtained by dividing the total
of taxes levied for all purposes, other than for school pur-
poses and other than under sections 32 and 33 of the
R.s.o. 1980, Assessment Act, on the commercial assessment for the pre-
ceding year by the total commercial assessment for the pre-
ceding year and multiplying the result by 1,000;
c. 31
"commercial assessment" means commercial assessment as
R.s.o. 1980, defined in clause 1 (1) (b) of the Ontario Unconditional
Grants Act;
"discounted assessment" means, for a local municipality or for
a merged area, the sum of,
(a) the product obtained by multiplying the residential
and farm assessment for that local municipality or
that merged area by 0.5131, and
(b) the commercial assessment for that local municipal-
ity or that merged area;
"discounted equalized assessment" means, for each local
municipality, the sum of the discounted assessment and the
equivalent assessment of that local municipality divided by
its prescribed equalization factor and multiplied by 100;
"discounted equalized assessment for each merged area"
means the discounted assessment of the merged area
divided by its prescribed equalization factor and multiplied
by 100;
"equivalent assessment" means, for a local municipality, that
portion of its payments in lieu of taxes in the preceding
R.s^o. 1980, year, as defined in clause 365 (1) (j) of the Municipal Act,
not allocated for school purposes, divided by the average
municipal commercial mill rate and multiplying the result
by 1,000;
"merged area" means the area of the City of Samia or the
area of the Town of Clearwater;
"net county levy" means the amount required for County pur-
poses under subsection 365 (6) of the Municipal Act includ-
ing the sums required for any board, commission or other
body, apportioned to each local municipality by the
County;
"net lower tier levy" means the amount required for the pur-
poses of a local municipality under section 164 of the
c. 302
1989
SARNIA-LAMBTON
Bill 35
31
Municipal Act including the sums required for any board, Rs.o. i980,
commission or other body, but excluding amounts required ^' ^^^
to be raised for County and school purposes or for a special
rate imposed under section 79;
"residential and farm assessment" means residential and farm
assessment as defined in clause 7 (1) (e) of the Ontario
Unconditional Grants Act.
R.S.O. 1980,
c. 359
69. — (1) For purposes of apportioning the net county levy Prescribed
or the net lower tier levy among the respective merged areas, Sr^^^'""
the Minister may, in each year, prescribe the equalization fac-
tor to apply for that year to each local municipality within the
County and each merged area.
(2) Despite subsection 365 (6) of theMunicipal Act, the Annual
treasurer of the County shall determine, apjxKtionment
(a) the discounted equalized assessment of each local
municipality in the County;
(b) the discounted equalized assessment of the County;
and
(c) the percentage share of apportionment, correct to
three decimal places, for each local municipality by
dividing the discounted equalized assessment for
each local municipality by the discounted equalized
assessment of the County and multiplying the result
by 100.
70. — (1) In each year, the Ministry of Municipal Affairs Annual
shall calculate and notify the City of the discounted equalized ^^jj^nionment
assessment for each merged area.
(2) Despite subsection 7 (2) of the Ontario Unconditional
Grants Act, the net county levy and the net lower tier levy of
the City shall be levied against the whole rateable property,
including business assessment thereon, of the City and appor-
tioned between the merged areas of the City in the proportion
that the discounted equalized assessment for each merged
area bears to the total discounted equalized assessment of
both merged areas.
(3) The rates to be levied in each merged area of the City ^^^^™^^
shall be determined in accordance with subsection 7 (3) of the rates
Ontario Unconditional Grants Act.
How levies
apportioned
R.S.O. 1980,
c. 359
71.— (1) Despite section 70, the council of the City may by interim levy
by-law in any year, before the adoption of the estimates for
32
Bill 35
SARNIA-LAMBTON
1989
that year, levy in each of the merged areas, on the whole of
the assessment for real property, including business assess-
ment in the merged area, according to the last returned
assessment roll, a sum not exceeding 50 per cent of that which
would be produced by applying to such assessment the total
rate for all purposes levied in the merged area in the preced-
ing year on residential real property of public school support-
ers.
Adjustments (2) The amouut of any levy under subsection (1) shall be
deducted from the amount of the levy made under subsection
70 (2).
Application
of
R.S.O. 1980,
c. 302,
s. 159 (5)
Merged areas
under
R.S.O. 1980,
c. 129
(3) Subsection 159 (5) of the Municipal Act applies to levies
made under subsection (1).
72. — (1) For the purposes of levying taxes under Part IV
of the Education Act, the merged areas shall be deemed to be
municipalities, and the council of the City shall be deemed to
be the council of each merged area.
Regulations
Where
county-wide
assessment
R.S.O. 1980,
c. 302
Direction of
Minister of
Revenue
Grants
(2) The Lieutenant Governor in Council may each year
make regulations providing for the apportionment of the sums
required by the Lambton County Board of Education and The
Lambton County Roman Catholic Separate School Board
with respect to any local municipality or merged area or parts
thereof that are wholly or partly within their area of jurisdic-
tion.
73. Sections 69, 70, 71 and 72 of this Part and sections
365, 366 and 368 of the Municipal Act cease to apply to the
County and the local municipalities if the County has been
subject to an assessment update under section 368b of the
Municipal Act.
74. — (1) Despite subsections 368b (3) and (3a) of the
Municipal Act, in 1991, for the purposes of taxation in 1992,
the Minister of Revenue shall make a direction under sub-
section 368b (2) of the Municipal Act for changes to be made
to the assessment rolls of the local municipalities.
(2) If the Minister is of the opinion that taxes for school
purposes in a local municipality may be unduly increased
because of changes made to the assessment rolls of local
municipalities as a result of a direction under subsection (1),
the Minister may make a grant to the local municipality under
such terms as the Minister considers necessary in the circum-
stances.
1989
SARNIA-LAMBTON
Bill 35
33
1991 City
rates
(3) If, in any year, a local municipality receives a grant Grant to be
under subsection (2), the local municipality shall, in that year, rldud"
use the grant to reduce the increases in the amounts the local increases
municipality is required to levy for school purposes.
(4) Nothing in this Part prevents or restricts a local munici- Certain
pality from passing by-laws under section 362 or 363 of the affeS"°*
Municipal Act. r.s.o. 1980,
c. 302
75. — (1) In 1991, the council of the City shall, in the man-
ner prescribed by the Minister, levy on the whole of the
assessment for real property and business assessment accord-
ing to the last returned assessment roll pertaining to the
merged area of the Town of Clearwater rates of taxation for
general purposes which shall not be increased over the 1990
rates by more than the lesser of,
(a) 3.5 per cent of the rates of taxation for general
purposes in the Town of Clearwater in 1990; and
(b) the rate of inflation for the calendar year of 1990, as
determined by the Consumer Price Index published
by Statistics Canada,
(2) In 1992, the council of the City shall, in the manner i992 city
prescribed by the Minister, levy on the whole of the assess-
ment for real property and business assessment according to
the last returned assessment roll pertaining to the merged area
of the Town of Clearwater rates of taxation for general pur-
poses which shall limit the aggregate levy for general purposes
upon the merged area to the lesser of,
(a) 103.5 per cent of the dollar amount levied for gen-
eral purposes in the merged area of the Town of
Clearwater in 1991; and
(b) 100 per cent plus the rate of inflation for the calen-
dar year of 1991, as determined by the Consumer
Price Index published by Statistics Canada, of the
dollar amount levied for general purposes in the
merged area of the Town of Clearwater in 1991.
(3) In 1993, the council of the City shall, in the manner 1^1^'^^
prescribed by the Minister, levy on the whole of the assess-
ment for real property and business assessment according to
the last returned assessment roll pertaining to the merged area
of the Town of Clearwater rates of taxation for general pur-
poses which shall not be increased over the 1992 rates by
more than the lesser of.
34
Bill 35
SARNIA-LAMBTON
1989
(a) 3.5 per cent of the rates of taxation for general pur-
poses in the merged area of the Town of Clearwater
in 1992; and
(b) the rate of inflation for the calendar year of 1992, as
determined by the Consumer Price Index published
by Statistics Canada.
Rates,
subsequent
years
(4) In 1994, 1995, 1996, 1997, 1998, 1999 and 2000, the
council of the City shall, in the manner prescribed by the Min-
ister, levy on the whole of the assessment for real property
and business assessment according to the last returned assess-
ment roll pertaining to the merged area of the Town of Clear-
water rates of taxation for general purposes which are differ-
ent from the rates which would have been levied for such
purposes but for this subsection.
Where taxes
reduced
(5) If the Minister has made an order under this section
which results in a reduction in the taxes which would have
otherwise been levied in any year, the amount of the reduc-
tion shall be charged to the general funds of the City in that
year.
Adjustments
of grant total
R.S.O. 1980,
c. 359
76. — (1) The Minister may by order on such conditions as
the Minister considers appropriate provide for payments to be
made to the City so that in each of the years 1991, 1992 and
1993 the total of all grants received by the City under the
Ontario Unconditional Grants Act pertaining to the merged
area of the Town of Clearwater and payments under this sub-
section is not less than the total of all grants received by the
Town of Clearwater under the Ontario Unconditional Grants
Act in 1990.
Minister's
order
(2) The Minister may by order before the 1st day of
January, 2000, on such conditions as the Minister considers
appropriate, make grants or loans to the County and the local
municipalities to achieve the purposes of this Act.
Appropri-
ations
77. The money required for the purposes of this Act shall
be paid out of the money appropriated therefor by the
Legislature.
Adjustments
of grants
under
R.S.O. 1980,
c. 359
78. — (1) A grant under the Ontario Unconditional Grants
Act to the County or a local municipality in any year in which
an incorporation, a major boundary change or a major change
in responsibility for the delivery of any service took place dur-
ing that year shall be revised to reflect the incorporation, the
boundary change or the change in the delivery of services.
1989
SARNIA-LAMBTON
Bill 35
35
(2) If, in any year, there is an overpayment or underpay- Adjustment
ment of grants paid to the County or a local municipality as a umlsif ^^
result of a revision under subsection (1), the Minister shall
adjust any grant paid to the County or a local municipality in
the immediately following year by the amount of the overpay-
ment or underpayment.
79. — (1) In this section,
Definitions
"urban service" means a service of the City not being pro-
vided generally throughout the City or not benefiting lands
in the City equally, and includes any Uability incurred by a
former municipality with respect to such service;
"urban service area" means the area or rateable property,
including the business assessment thereon, designated in a
by-law under clause (2) (c) or in an order under clause
(5) (c).
(2) The council of the City may, with the approval of the By-laws
Municipal Board, by by-law, ST*"^
services
(a) identify an urban service;
(b) define which costs of the City are related to that
urban service;
(c) designate upon what area or rateable property,
including the business assessment thereon, of the
City the related costs should be raised; and
(d) levy a special rate on that area or rateable property,
including the business assessment thereon, to raise
the whole or part of the related costs.
(3) The rates to be levied within each urban service area Determi-
shall be determined in accordance with subsection 7 (3) of the "ates" °
Ontario Unconditional Grants Act. r.s.o. 1980,
c. 359
(4) The council of the City may establish, amend or dis- ^/^^°^^Jj°"
solve any number of urban service areas designated under service areas
subsection (2).
(5) Before the 1st day of January, 1991, the Minister, upon JJjfjf^^'"
the joint application of the councils of the City of Samia and
the Town of Clearwater, may make an order to be effective
no earlier than the 1st day of January, 1991, that,
(a) identifies an urban service;
36
Bill 35
SARNIA-LAMBTON
1989
(b) defines which costs of the City will relate to that
urban service; and
(c) designates upon what area or rateable property,
including business assessment thereon, of the City
the related costs shall be raised.
Where
O.M.B.
approval not
required
(6) Where an order under subsection (5) creating an urban
service area is in force and has not been amended under sub-
section (7), the council of the City may pass a by-law under
clause (2) (d) related to that urban service area without the
approval of the Municipal Board.
Amendments (7) j]^q couucil of the City may, with the approval of the
ordeTby City Municipal Board, by by-law amend or repeal an order under
subsection (5).
PART XIII
MISCELLANEOUS
Board of
arbitrators
80. — (1) The Minister shall appoint three persons as a
board of arbitrators to make adjustments of assets and liabili-
ties arising from any amalgamation, dissolution, other than
the dissolution of a police village, and transfer of functions or
services under Parts I, II, V, VIII, IX, X, XI and this Part.
(2) Sections 3 to 5, 7, 9 to 11 and 13 to 15 of the
Certain
rS!o.°1980, Arbitrations Act and the Schedule to that Act apply to an
c. 25 apply arbitration under this section.
Decisions of (3) x^g decisious of the board of arbitrators are binding on
binding the County, local municipalities and local boards and are not
subject to appeal.
Hearing (4) xhc board of arbitrators shall hold a hearing with
respect to any matter set out in subsection (1) that is in
dispute.
81. Paragraph 50 of section 210 of the Municipal Act
Industrial
R?o 1980 applies with necessary modifications to the County.
c. 302
By-laws
respecting
emergency
measures
82. — (1) If there is a conflict between a by-law passed by
County Council under subclause 209 (b) (ii) or (iii) of the
Municipal Act and a by-law passed by the council of a local
municipality under those subclauses, the by-law of County
Council prevails to the extent of the conflict. '^
1989 SARNIA-LAMBTON Bill 35 37
(2) When a by-law passed by County Council under sub- i^em
clause 209 (b) (ii) of the Municipal Act is in force, the County R s.o. i980,
may pass by-laws, ^' ^^^
(a) with the consent of the local municipality or local
board concerned, for appointing heads of depart-
ments and alternates to be members of or advisors
to the emergency measures planning committee or
any subcommittee thereof;
(b) with the consent of the local municipality or local
board concerned, for training employees of the
local municipality or local board in their emergency
functions;
(c) for appointing members of the emergency measures
planning committee or of any subcommittee thereof
to be in charge of the departments or utilities
throughout the County, as provided in the by-law,
when an emergency occurs;
(d) for acquiring alternative headquarters for the
County Government outside the County; and
(e) for obtaining and distributing emergency materials,
equipment and supplies.
(3) The County shall be deemed to be a regional municipal- Deeming
ity and the local municipalities shall be deemed to be area reTpecdng
municipalities of that regional municipality for the purposes of i983, c. 3o
the Emergency Plans Act, 1983.
83. The County Council, before the 31st day of Decem- ^^'^^^Jj^f"^
ber, 1992, shall prepare, adopt and forward to the Minister p*ian '"^
for approval an amendment to the official plan of the County
to cover the area of the former municipality of The
Corporation of the City of Sarnia.
84. — (1) The County Council shall not request an amend- Double
^ ^ X- A ^ t majonty vote
ment to this Act unless,
(a) a majority of all the votes on County Council are
cast in favour of the request; and
(b) members of County Council representing a majority
of the local municipalities cast their votes in favour
of the request.
(2) For the purposes of clause (1) (b), subsection 41 (4) Wem
applies with necessary modifications.
38
Bill 35
SARNIA-LAMBTON
1989
Regulations
respecting
employees
85. — (1) The Lieutenant Governor in Council may, upon
the recommendation of the Minister, make regulations provid-
ing for the security of employment, the protection of benefits,
including seniority and pensions, and early retirement options
for employees affected by this Act.
Limitation
(2) Subsection (1) does not apply to employees affected by
a by-law passed or repealed under Part VII.
Repeal of
ss. 4 and 18
86. Sections 4 and 18 of this Act are repealed on the 1st
day of December, 1991.
Repeals gy. jh^ City of Samiu Act, 1925, being chapter 103, The
City of Sarnia Act, 1977, being chapter 101 and the County of
Lambton Act, 1981, being chapter 92, are repealed on the 1st
day of January, 1991.
Commence-
ment
88.— (1) This Act, except sections 5, 6, 7, 13, 19, 20 and
21, Parts IX and X and section 87, comes into force on the
day it receives Royal Assent.
Idem
(2) Sections 5 and 13, Parts IX and X and section 87 come
into force on the 1st day of January, 1991.
Idem
(3) Sections 6, 7, 19, 20 and 21 come into force on the 1st
day of December, 1991.
Transition,
regular
elections
R.S.O. 1980,
c. 308
(4) Despite subsection (3), the regular elections to be held
in 1991 under the Municipal Elections Act in the area munici-
palities shall be conducted as if sections 6, 7 and 19 were in
force.
Short title 89, The short title of this Act is the Sarnia- Lambton Act,
1989.
SCHEDULE
WARD 1
Beginning at the intersection of the southerly boundary of the Town of
Clearwater and the centre line of the Blackwell Sideroad;
Thence northerly along the centre line of the Blackwell Sideroad and the
northerly prolongation thereof to a point distant 500 metres measured
northerly from the southerly high water mark of Lake Huron;
Thence easterly and parallel with the southerly high water mark of the said
Lake to the easterly boundary of the Town of Clearwater;
Thence southerly along the easterly boundary of the said Town to the south
easterly angle of the said Town;
1989 SARNIA-LAMBTON Bill 35 39
Thence westerly along the southerly boundary of the said Town to the place
of beginning.
WARD 2
Beginning at the intersection of the centre line of the King's Highway No.
402 and the centre line of the Blackwell Sideroad;
Thence northerly along the centre line of Blackwell Sideroad and the
northerly prolongation thereof to a point distant 500 metres measured
northerly from the southerly high water mark of Lake Huron;
Thence westerly and parallel with the southerly high water mark of the said
Lake to the International Boundary between the Province of Ontario and
the United States of America;
Thence southerly along the said International Boundary to the northerly
boundary of the Village of Point Edward;
Thence easterly and southerly along the northerly and easterly boundaries
of the said Village to the centre line of Michigan Avenue;
Thence easterly along the centre line of Michigan Avenue to the centre line
of Indian Road North;
Thence southerly along the centre line of Indian Road North to the centre
line of the King's Highway No. 402;
Thence easterly along the centre line of the said King's Highway to the
place of beginning.
WARD 3
Beginning at the intersection of the westerly boundary of the City of Samia
and the centre line of Michigan Avenue;
Thence easterly along the centre line of Michigan Avenue to the centre line
of Indian Road North;
Thence southerly along the centre line of Indian Road North to the centre
line of the King's Highway No. 402;
Thence easterly along the centre line of the said King's Highway to the
centre line of the Blackwell Sideroad;
Thence southerly along the centre line of the Blackwell Sideroad to the
northerly limit of Concession V of the former Township of Samia;
Thence westerly along the northerly limit of the said Concession to the
easterly limit of the King's Highway No. 40;
Thence westerly to and along the centre line of Wellington Street to the
centre line of Indian Road South;
Thence northerly along the centre line of Indian Road South to the centre
line of London Road;
Thence westerly along the centre line of London Road and the westerly
prolongation thereof to the International Boundary between the Province of
Ontario and the United States of America;
40 Bill 35 SARNIA-LAMBTON 1989
Thence northerly along the said International Boundary to the southerly
boundary of the Village of Point Edward;
Thence easterly and northerly following the boundaries between the Village
of Point Edward and the City of Sarnia to the place of beginning.
WARD 4
Beginning at the intersection of the southerly boundary of the Town of
Clearwater and the centre line of the Blackwell Sideroad;
Thence northerly along the centre line of the Blackwell Sideroad to the
northerly limit of Concession V of the former Township of Sarnia;
Thence westerly along the northerly limit of the said Concession to the
easterly limit of the King's Highway No. 40;
Thence westerly to and along the centre line of Wellington Street to the
centre line of Indian Road South;
Thence northerly along the centre line of Indian Road South to the centre
line of London Road;
Thence westerly along the centre line of London Road and the westerly
prolongation thereof to the International Boundary between the Province of
Ontario and the United States of America;
Thence southerly along the said International Boundary to the southerly
boundary of the City of Sarnia;
Thence easterly along the southerly boundary of the City of Sarnia and the
Town of Clearwater to the place of beginning.
Bill 35
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 35
(Chapter 41
Statutes of Ontario, 1989)
An Act respecting the
amalgamation of the City of Sarnia and the
Town of Clearwater and the addition of the
amalgamated City to the County of Lambton
The Hon. J. Eakins
Minister of Municipal Affairs
1st Reading
June 20th, 1989
2nd Reading
July 12th, 1989
3rd Reading
July 13th, 1989
Royal Assent
July 13th, 1989
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
Bill 35
1989
An Act respecting the
amalgamation of the City of Sarnia and the
Town of Clearwater and the addition of the
amalgamated City to the County of Lambton
CONTENTS
Section
1 . Definitions
PARTI
LOCAL MUNICIPALITIES
2. Amalgamation
3. Name of City to be put to a
vote
4. Composition of interim City
council
5. Wards
6. Composition of councils
7. O.M.B. order
8. By-laws, resolutions of former
municipalities
9. Assets and liabilities transferred
to City
10. Taxes, charges, rates transferred
to City
n. Dissolution of committees of
adjustment
12. Dissolution of committees,
boards under 1982, c. 7
13. Repeal of certain by-laws,
resolutions, appointments
14. Fire departments
15. Offer of employment
16. Dissolution of police villages
PART II
COUNTY COUNCIL
17. Application
18. Interim County Council
19. Composition of County Council
20. Election of warden
21. Vacancies
22. Offer of employment
23. By-laws, resolutions continued
24. Assets and liabilities transferred
to County
Section
Part III
FORMER MUNICIPALITIES
25. Agreement
PART IV
SARNIA HYDRO
26. Hydro Commission
PART V
POLICE
27. Boards of Commissioners of
Police
28. Local board
29. Estimates
30. Transfer of assets, liabilities
31. Continuation of by-laws,
resolutions
32. Responsibility for County
enforcement
33. Transfer of police personnel
PART VI
BOUNDARY ADJUSTMENTS
34. Application of 1981 , c. 70
35. Boundary application committee
36. Guidelines
37. Duties of committee
38. County proposal
39. Action by Minister
40. Order
PART VII
ASSUMPTION OF LOCAL
POWERS BY THE COUNTY
41. Local power
42. Transfer of rights, obligations,
etc.
43. Agreements
Bill 35
SARNIA-LAMBTON
1989
Section
44. Rates
45. Repeal of by-law
46. Disputes
47. Regulations
PART VIII
WASTE DISPOSAL
48. Definition
49. County waste facilities
50. Waste disposal, County
responsibility
51. Agreements
52. Adoption of certain provisions
53. Disputes
PART IX
COUNTY ROAD SYSTEM
54. County roads
55. Dissolution of roads commission
56. Assumption of highways by
County
57. R.S.O. 1980, c. 421, ss. 58, 59
do not apply
58. Bridges
59. Minister's order
PARTX
HEALTH AND SOCIAL
SERVICES
60. Lambton Health Unit
61. County responsible under
R.S.O. 1980, c. 188
62. Homes for the aged
63. 1984, c. 55 does not apply to
local municipality
64. Information to be provided to
County
PART XI
PUBLIC LIBRARIES
65. County library board
Section
66. Debt transferred to County
67. Transfer of employees
PART XII
FINANCES
68. Definitions
69. Prescribed equalization factor
70. Annual merged area
apportionment
71. Interim levy
72. Merged areas under R.S.O.
1980, c. 129
73. Where county-wide assessment
74. Direction of Minister of
Revenue
75. 1991 City rates
76. Adjustments of grant total
77. Appropriations
78. Adjustments of grants under
R.S.O. 1980, c. 359
79. Definitions
PART XIII
MISCELLANEOUS
80. Board of arbitrators
81. Industrial sites
82. By-laws respecting emergency
measures
83. Amendment to official plan
84. Double majority vote
85. Regulations respecting
employees
86. Repeal of ss. 4 and 18
87. Repeals
88. Commencement
89. Short title
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
Definitions
1. In this Act,
"City" means The Corporation of the City of Sarnia-
Clearwater as created by the amalgamation of the former
municipalities under section 2;
"City of Sarnia" means the former municipality of The
Corporation of the City of Sarnia;
1989 SARNIA-LAMBTON Bill 35 3
"County" means The Corporation of the County of Lambton;
"County Council" means the council of the County;
"former municipalities" means The Corporation of the City of
Sarnia and The Corporation of the Town of Clearwater as
they existed before the 1st day of January, 1991;
"local municipality" means a city, town, village and township
forming part of the County for municipal purposes but does
not include a former municipality;
"Minister" means the Minister of Municipal Affairs;
"Municipal Board" means the Ontario Municipal Board;
"municipality" means a municipality, as defined in the Munic- RS.o. i980,
ipal Affairs Act, and a metropolitan, regional or district '^ ^^^
municipality and the County of Oxford or a local board of
a metropolitan, regional or district municipality or of the
County of Oxford;
"pre-election period" means the period from the 1st day of
January, 1991 until the 30th day of November, 1991, inclu-
sive;
"prescribed" means prescribed by regulations made under this
Act;
"Town of Clearwater" means the former municipality of The
Corporation of the Town of Clearwater.
PARTI
LOCAL MUNICIPALITIES
2.— (1) On the 1st day of January, 1991, The Corporation ;J;^?j8^-
of the City of Sarnia and The Corporation of the Town of
Clearwater are amalgamated under the name of "The Cor-
poration of the City of Sarnia-Clearwater".
(2) Despite section 5 of the Territorial Division Act, the ^'^^^^^"^^
City forms part of the County for municipal purposes. County
R.S.O. 1980,
c. 497
(3) The City shall not apply for the annexation or amalga- ^^^l\_
mation of any land before the 1st day of January, 2016, unless Son,
the County Council and the council of every local municipality annexation
the lands of which are part of the proposed annexation or ^ ^^^^"^^^^
4 Bill 35 SARNIA-LAMBTON 1989
amalgamation agree, by resolution, to the proposed appli-
cation being made.
Name of City 3. — (1) xhe Citv shall submit the question "Do you want
to DC DUt to \ / -^ J. J
a vote the new City to be named Sarnia" to the electors of the City
at the 1991 regular election.
Change of (2) If the majority of votes cast in response to the question
"^'"^ are in the affirmative, the name of the City shall become The
Corporation of the City of Sarnia effective the 1st day of
January, 1992.
Idem (3) After the 1st day of January, 1992, the Minister may by
order alter the name of the City.
Composition 4, — (1) Despitc subsection 30 (1) of the Municipal Act,
City" council during the pre-election period, the council of the City shall be
R.s.o. 1980, composed of,
c. 302
(a) a mayor, who shall be the person who was the
mayor of the City of Sarnia on the 31st day of
December, 1990;
(b) a deputy mayor, who shall be the person who was
the mayor of the Town of Clearwater on the 31st
day of December, 1990;
(c) a reeve, who shall be the person who was the reeve
of the Town of Clearwater on the 31st day of
December, 1990;
(d) a deputy reeve, who shall be the person who was
the deputy reeve of the Town of Clearwater on the
31st day of December, 1990; and
(e) twelve other members,
(i) eight of whom shall be the persons who were
the members of the council, except the
mayor, of the City of Sarnia on the 31st day
of December, 1990, and
(ii) four of whom shall be the persons who were
the members of the council, except the
mayor, reeve and deputy reeve, of the Town
of Clearwater on the 31st day of December,
1990.
First meeting (2) The first meeting of the council shall be held not later
than the 8th day of January, 1991.
1989 SARNIA-LAMBTON Bill 35 5
(3) Each member of council has one vote. one vote
(4) Despite section 72 of the Municipal Act, if the mayor of Acting mayor
the City is absent from the municipality or is unable or unwill- f^S' ^^^'
ing to act or the office of mayor is vacant, the deputy mayor
shall act in the place of the mayor and, while so acting, has all
the rights and powers of the mayor.
5. — (1) The City shall consist of four wards as described in wards
the Schedule.
(2) All wards in the former municipalities are dissolved. Dissolution
of former
wards
6. — (1) Despite sections 30, 31, 32, 34 and 36 of the Composition
Municipal Act, but subject to section 7, the council of each ° '^""""^
local municipality shall be composed of a mayor, who shall be
elected by a general vote of the electors of the local munici-
pality and who shall be the head of the council, and the
following other members:
1. The City — eight members consisting of,
i. four members who shall be elected by wards,
one from each ward, as members of the coun-
cil of the City and of the County Council, and
ii. four members who shall be elected by wards,
one from each ward, as members of the coun-
cil of the City.
2. A town — six members who shall be elected by a
general vote of the electors of the town.
3. A township — four members who shall be elected by
a general vote of the electors of the township.
4. A village — four members who shall be elected by a
general vote of the electors of the village.
(2) Each member of the council of a local municipality has one vote
one vote.
(3) Despite section 37 of the Municipal Act, a person is Quaiifi-
qualified to be elected or hold office under paragraph 1 of hold office
subsection (1) if, in addition to being qualified under section
37 of the Municipal Act, that person at any time during the
period commencing on the Tuesday following the first
Monday in September in an election year and ending on the
Monday in October that precedes polling day by twenty-eight
Bill 35
SARNIA-LAMBTON
1989
days is a resident in or is the owner or tenant of land in or is
the spouse of such an owner or tenant in the ward in which
that person is seeking to be elected or to hold office,
o.M.B. 7. — (1) Upon the application of a local municipality under
R s% 1980 subsection 13 (2) of the Municipal Act, or upon the petition of
c. 302 ' electors under subsection 13 (3) of that Act, the Municipal
Board may, by order,
(a) divide or redivide the local municipality into wards
and designate the name or number each ward shall
bear and declare the date when the division or
redivision takes effect;
(b) alter or dissolve any or all of the wards in the local
municipality and declare the date when the altera-
tion or dissolution takes effect; and
(c) vary the composition of the council of the local
municipality.
Limitation on
order
(2) No order made under subsection (1),
(a) shall take effect before the 1st day of December,
1994; or
(b) shall alter the total number of members who repre-
sent the local municipality on the County Council or
the number of votes assigned to the members under
this Act.
Idem
(3) Despite subsection (1), the mayor of the local munici-
pality shall continue to be elected by a general vote of the
electors of the local municipality and shall be the head of
council of the local municipality and a member of the County
Council.
Where
inquiry by
Minister
Idem
(4) Where the Minister is inquiring into the structure,
organization and methods of operation of a local municipality
or the County, the Minister may give notice to the Municipal
Board of the inquiry and request that any application or peti-
tion made under subsection (1) be deferred until the inquiry
has been completed.
(5) If notice is given under subsection (4), all proceedings
in the application or petition are stayed until the Minister
gives notice to the Municipal Board that they may be contin-
ued.
No board of
control
(6) A local municipality shall not have a board of control.
1989 SARNIA-LAMBTON Bill 35 7
8. — (1) Every by-law and resolution of a former municipal- By-iaws,
ity shall be deemed to be a by-law or resolution of the City former'°"^ °
and shall remain in force in the area of the former municipal- municipalities
ity until the earlier of,
(a) the date it is amended or repealed by the council of
the City; or
(b) the 31st day of December, 1992.
(2) Despite subsection (1), any by-law of a former munici- %'^^*',
pality passed under section 34 of the Planning Act, 1983, or a under ^^"^
predecessor of that section, and any official plan of a former i983, c. i
municipality approved under the Planning Act, 1983, or a pre-
decessor of that Act, shall remain in force until amended or
repealed.
(3) If a former municipality has commenced procedures to By-laws that
enact a by-law that requires the approval of a minister of the approval
Crown, the Municipal Board or a provincial agency and the
approval has not been obtained before the 31st day of Decem-
ber, 1990, the council of the City may continue the procedures
to enact the by-law and subsection (1) applies with necessary
modifications to the by-law.
(4) Nothing in this section repeals or authorizes the amend- By-laws,
^ ' , r resolutions
ment or repeal of, not affected
(a) by-laws or resolutions of the former municipalities
passed under section 45, 58 or 61 of the Drainage Rso. i980,
Act or a predecessor of those sections; and
(b) by-laws or resolutions conferring rights, privileges,
franchises, immunities or exemptions that could not
have been lawfully repealed by the councils of the
former municipalities.
9. Except as otherwise provided in this Act, the assets and ,f/^5|Jig^"'*
liabilities of the former municipalities and their local boards transferred to
become assets and liabilities of the City or a local board city
thereof without compensation, and the City and its local
boards stand in the place of the former municipalities and
their local boards.
10. All taxes, charges or rates levied by a former munici- Jaxe^^^^ ^^^^^
pality under any general or special Act that are due and transferred to
unpaid on the 31st day of December, 1990 shall, after that city
date, be taxes, charges or rates due and payable to the City
and may be collected and recovered by the City as if the tax-
es, charges or rates had been imposed by the City.
8
Bill 35
SARNIA-LAMBTON
1989
Dissolution jj, — (1) Subjcct to subscction (4), on the 1st day of
committees January, 1991, the committees of adjustment of the former
of adjustment municipalities are dissolved.
City to
establish
committee of
adjustment
Applications
continued
Continuing
matters
Dissolution
of
committees,
boards under
1982, c. 7,
R.S.O. 1980,
cc. 80, 417
(2) The City shall establish a committee of adjustment
under section 43 of the Planning Act, 1983.
(3) All applications to the committees of adjustment of the
former municipalities shall be deemed to be applications to
and shall be continued by the committee of adjustment of the
City.
(4) The committees of adjustment dissolved under sub-
section (1) and the terms of office of the members of the com-
mittees shall continue to the 31st day of January, 1991 for the
purpose of making a decision on any application for which a
hearing is completed before the 1st day of January, 1991.
12. — (1) The council of the City shall be deemed to be a
recreation committee under the Ministry of Tourism and
Recreation Act, 1982, a committee of management of a com-
munity recreation centre under the Community Recreation
Centres Act and a board of park management under the
Public Parks Act and all such committees and boards of the
former municipalities are dissolved on the 1st day of January,
1991.
Idem
(2) All by-laws and resolutions of the boards and commit-
tees dissolved under subsection (1) are continued as by-laws
and resolutions of the City, and shall remain in force until the
earlier of,
(a) the date they are amended or repealed by the City;
or
Certain
by-laws,
resolutions
continue
Repeal of
certain
by-laws,
resolutions,
appointments
(b) the 31st day of December, 1992.
(3) Nothing in this section repeals or authorizes the amend-
ment or repeal of by-laws or resolutions conferring rights,
privileges, franchises, immunities or exemptions that could
not have been lawfully repealed by the boards and committees
dissolved under subsection (1).
13. — (1) Despite section 8,
(a) the by-laws and resolutions of the City of Samia
establishing and appointing members to the Canada
Day Committee, Committee of Parks and Rec-
reation, Committee of Management of Marshall
Gowland Manor, Planning Advisory Committee,
1989
SARNIA-LAMBTON
Bill 35
Sarnia Heritage Committee and the Sarnia Museum
Board, all of the City of Sarnia, are repealed;
(b) the by-laws and resolutions of the Town of
Clearwater establishing and appointing members to
the Planning Advisory Committee of the Town of
Clearwater are repealed; and
(c) the terms of office of the appointees of the City of
Sarnia to the Property Standards Committee of the
City of Sarnia are terminated.
(2) Nothing in this section prevents the City from or Appointments
relieves the City of any responsibility for establishing or
making appointments to boards and committees.
14. — (1) Despite section 8, the City, on or before the 31st F'^e
day of January, 1991, shall, epartmems
(a) repeal the by-laws of the City of Sarnia and the
Town of Clearwater establishing their respective fire
departments; and
(b) establish a fire department for the City.
(2) Every person who is a member of the fire department F'^e fighters
of the City of Sarnia or the Town of Clearwater on the 1st day
of July, 1990 and continues to be a member until the 31st day
of December, 1990 becomes a member of the fire department
established under clause (1) (b).
(3) In subsection (2), "member" means a full-time fire Definition
fighter and a volunteer fire fighter as defined in the Fire R s^ i^so,
Departments Act.
15. Except as otherwise provided in this Act, the City or a
local board thereof shall offer to employ every person who
was employed by a former municipality or a local board
thereof on the 1st day of July, 1990 and who continued to be
so employed until the 31st day of December, 1990.
Offer of
employment
16. — (1) The Police Village of Inwood and the Police
Dissolution
Village of Florence are dissolved on the 1st day of January, viiiages^^
1991.
(2) The Municipal Board, upon the application of a local Further
municipality or a local board thereof or of its own motion,
may exercise the powers under section 25 of the Municipal R s^o i^so,
Act consequent upon the dissolutions.
10 Bill 35 SARNIA-LAMBTON 1989
No ^rther (3) Scctions 94 and 95 of the Ontario Municipal Board Act
rTo 1980 ^^ ^^^ ^Pply to decisions or orders made in the exercise of the
c. 347 ' powers under subsection (2).
PART II
COUNTY COUNCIL
Application jy. jhis Part applies despite sections 27, 28 and 29 of the
R.s.o. 1980, Municipal Act.
Interim jg, — (1) During the pre-election period, the County
Council Council shall have thirty-seven members consisting of,
(a) the mayor, reeve and deputy reeve of the City;
(b) the reeve of the Village of Alvinston, the Village of
Arkona, the Village of Oil Springs and the Village
of Thedford; and
(c) the reeve and deputy reeve of the Town of Forest,
the Town of Petrolia, the Village of Grand Bend,
the Village of Point Edward, the Village of
Watford, the Village of Wyoming, the Township of
Bosanquet, the Township of Brooke, the Township
of Dawn, the Township of Enniskillen, the Town-
ship of Euphemia, the Township of Moore, the
Township of Plympton, the Township of Sombra
and the Township of Warwick.
Distribution (2) The members of the County Council under subsection
oi votes
(1) shall have a total of seventy-three votes of which,
(a) the mayor of the City shall have ten votes;
(b) the reeve and deputy reeve of the City shall each
have nine votes;
(c) the reeve of the Township of Bosanquet and the
Township of Moore shall each have three votes;
(d) the reeve of the Town of Petrolia, the Township of
Enniskillen, the Township of Plympton and the
Township of Sombra shall each have two votes;
(e) the deputy reeve of the Township of Bosanquet, the
Township of Moore and the Township of Plympton
shall each have two votes; and
(f) all other members shall have one vote.
1989 SARNIA-LAMBTON Bill 35 11
(3) The first meeting of the County Council shall be held Rrst meeting
after the council of the City has held its first meeting under
subsection 4 (2) but, in any event, not later than the 15th day
of January, 1991,
(4) Despite subsection 51 (1) of the Municipal Act, the warden
County Council established under subsection (1) shall, at the ^3^2 ^^^^'
first meeting at which a majority of the members is present,
elect one of its members to be warden and, for such election,
each member of County Council shall have one vote.
(5) The term of the warden of the County holding office on Term of
the 30th day of November, 1990 is extended until a new °^^"^^
warden is elected under subsection (4).
19. — (1) The County Council shall be composed of. Composition
Council
(a) the mayor of each local municipality; and
(b) the four county ward members of the council of the
City.
(2) The members of the County Council under subsection Distribution
(1) shall have a total of thirty-seven votes of which,
(a) the mayor and each county ward member of the
council of the City shall have three votes;
(b) the mayor of the Township of Bosanquet, the
Township of Moore and the Township of Plympton
shall each have two votes; and
(c) all other members shall have one vote.
(3) The County Council shall review the distribution of Review
votes under subsection (2) on or before the 1st day of
January, 2001.
(4) Despite subsection 18 (2) and subsection (2) of this J/'^^^^'^^^'^T'
section, upon the recommendation of the Minister, the Lieu- mayors
tenant Governor in Council may by order provide for the
manner in which the County Council votes of the mayors of
municipalities being amalgamated should be distributed to the
local municipalities, other than the City, that would exist after
such amalgamation.
20.— (1) Despite subsections 19 (2), for the purposes of ^^^^.J^" °^
electing the warden of County Council, each member shall
have one vote.
12
Bill 35
SARNIA-LAMBTON
1989
County
warden
Vacancies
Offer of
employment
By-laws,
resolutions
continued
By-laws that
require
approval
By-laws,
resolutions
not affected
Assets and
liabilities
transferred to
County
(2) The warden of the County Council shall bear the title of
county warden.
21. The seat of a mayor of a local municipality and the
seat of a county ward member of the council of the City
becomes vacant if his or her seat on the County Council is
declared vacant by the County Council.
22. The County or a local board thereof shall offer to
employ every person who, on the 1st day of July, 1990, was
employed in any undertaking carried on by or on behalf of
any former or local municipality or local board thereof that is
assumed by the County or a local board thereof under this
Act and who continues to be so employed until the 31st day of
December, 1990.
23. — (1) Every by-law and resolution of a former or local
municipality in respect of any undertaking carried on by or on
behalf of a former or local municipality that is assumed by the
County under this Act shall be deemed to be a by-law or reso-
lution of the County and shall remain in force in the area of
the former or local municipality until the earlier of,
(a) the date it is amended or repealed by the council of
the County; or
(b) the 31st day of December, 1992.
(2) If a former or local municipality has commenced proce-
dures to enact a by-law that requires the approval of a minis-
ter of the Crown, the Municipal Board or a provincial agency
and the approval has not been obtained before the 31st day of
December, 1990, the council of the County may continue the
procedures to enact the by-law and subsection (1) applies with
necessary modifications to the by-law.
(3) Nothing in this section repeals or authorizes the amend-
ment or repeal of by-laws or resolutions conferring rights,
privileges, franchises, immunities or exemptions that could
not have been lawfully repealed by the councils of the former
municipalities.
24. All assets and liabilities of a former or local munici-
pality or a local board thereof in respect of any undertaking
carried on by or on behalf of any former or local municipality
or local board thereof that is assumed by the County or a
local board thereof under this Act become assets and liabili-
ties of the County or a local board thereof without compensa-
tion, and the County and its local boards stand in the place of
the former or local municipalities and their local boards.
1989 SARNIA-LAMBTON Bill 35 13
PART III
FORMER MUNICIPALITIES
25. — (1) The City of Sarnia and the Town of Clearwater Agreement
shall enter into an agreement with respect to,
(a) fee structures;
(b) capital improvements;
(c) the adequacy of public buildings;
(d) maintenance of current levels of services;
(e) shared capital expenditures;
(f) impost fees;
(g) capital improvements;
(h) cash in lieu of parkland;
(i) organizational structures;
(j) the financing of capital expenditures;
(k) capital budgets;
(1) equipment reserve accounts;
(m) contributions to reserve accounts;
(n) shoreline protection;
(o) public transit;
(p) rural water supply;
(q) water meters; and
(r) major recreation complexes.
(2) The councils of the County, the City of Sarnia and the J^iH^^j^^
Town of Clearwater shall establish a joint implementation
committee to make recommendations with respect to the
agreement and any other matter set out in this Act.
(3) The joint committee shall submit its recommendations ^^^^^^^"be
to the Minister on or before the 1st day of May, 1990. submitted to
Minister
14
Bill 35
SARNIA-LAMBTON
1989
Order
effecting
recommen-
dations
(4) Subject to any other Act, the Lieutenant Governor in
Council may, upon the recommendation of the Minister, by
order give effect to any recommendation of the joint com-
mittee.
PART IV
SARNIA HYDRO
Hydro
commission
R.S.O. 1980,
cc. 423, 384
Composition
of
commission
R.S.O. 1980,
c. 308
Term of
office
Delegate of
mayor
26. — (1) A hydro-electric power commission for the City
is hereby established on the 1st day of January, 1991 and shall
be deemed to be a commission established under Part III of
the Public Utilities Act and a municipal commission within the
meaning of the Power Corporation Act.
(2) Despite section 41 of the Public Utilities Act, the hydro-
electric power commission shall,
(a) during the pre-election period, be composed of,
(i) the members of the commission dissolved
under subsection (5), and
(ii) the deputy mayor and reeve of the City; and
(b) after the pre-election period, be composed of,
(i) the mayor of the City, and
(ii) four other members who are qualified electors
in the City under the Municipal Elections Act
who shall be elected by a general vote of the
electors of the City,
(3) A member of the commission shall hold office for the
same term as the members of council or until the successor of
the member is elected or appointed.
(4) The council of the City may by by-law, passed with the
written consent of the mayor, appoint a delegate from among
the members of the council to represent the mayor on the
commission.
Dissolution
(5) The Hydro-Electric Commission of the City of Sarnia is
dissolved on the 1st day of January, 1991.
(6) On the 1st day of January, 1991, the assets of the Town
Transfer of
occgfc
liabilities of Clearwater, the assets under the control and management
of the commission dissolved under subsection (5) and the lia-
bilities of the Town of Clearwater and of such commission
1989
SARNIA-LAMBTON
Bill 35
15
that relate to the distribution and supply of electrical power
become assets under the control and management of and lia-
bilities of the commission established under subsection (1),
without compensation.
Ontario
Hydro
(7) On the 1st day of January, 1991, the commission estab- Purchase of
lished under subsection (1) shall acquire the retail distribution distribution
facilities within the Town of Clearwater used by Ontario facilities from
Hydro on the 31st day of December, 1990 in the retail distri-
bution of power, including equipment leased by Ontario
Hydro to retail customers within the Town of Clearwater for
the use of such power, and the price of the facilities shall be
equal to the original cost of the facilities less the sum of the
accumulated net retail equity of the customers supplied with
power through the facilities and the accumulated depreciation
associated with the facilities.
(8) In subsection (7),
Definitions
"accumulated net retail equity" means the portion of the
equity accumulated through debt retirement appropriations
recorded for the rural power district relating to Ontario
Hydro's rural retail system plus the portion of the balance
recorded for rural retail customers in the Stabilization of
Rates and Contingencies Account, in the books of Ontario
Hydro;
"retail distribution facilities" means works for the transmis-
sion and supply of power at voltages less than 50 kilovolts
other than works located within a transformer station that
transforms power from voltages greater than 50 kilovolts to
voltages less than 50 kilovolts.
(9) All by-laws and resolutions of the Town of Clearwater Jf^^^'l^^^^'""
and of the commission dissolved under subsection (5) that resoLtfons
relate to the distribution and supply of electrical power are
continued as by-laws and resolutions of the commission estab-
lished under subsection (1), and shall remain in force until the
earlier of.
(a) the date they are amended or repealed by the
commission; or
(b) the 31st day of December, 1992.
(10) Nothing in this section repeals or authorizes the Certmn
amendment or repeal of by-laws or resolutions conferring re^soiutions
rights, privileges, franchises, immunities or exemptions that ^^J^^j'JJ,^
could not have been lawfully repealed by the Town of
16
Bill 35
SARNIA-LAMBTON
1989
Clearwater or by the commission dissolved under subsection
(5).
PARTY
POLICE
Boards of
Commis-
sioners of
Police
R.S.O. 1980,
c. 381
Interim
board
27.— (1) On the 1st day of January, 1990, The Board of
Commissioners of Police of the City of Sarnia and The Board
of Commissioners of Police of the Town of Clearwater are
amalgamated and the new board shall be deemed to be a
board established under section 8 of the Police Act.
(2) Despite section 8 of the Police Act, from the 1st day of
January, 1990 to the 30th day of November, 1991, inclusive,
the board shall be composed of the members of the boards
amalgamated under this section.
Composition
of board
(3) On and after the 1st day of December, 1991, the board
shall be composed of those members provided for under
section 8 of the Police Act.
Temporary
name
(4) During 1990, the board shall be called "The Board of
Commissioners of Police of the City of Sarnia and the Town
of Clearwater".
Police service
(5) During 1990, the board is responsible for providing
police service for the City of Sarnia and the Town of
Clearwater and, for the purpose of exercising its powers under
any general or special Act, the City of Sarnia and the Town of
Clearwater shall be deemed to be amalgamated as a city
municipality.
Idem
(6) On and after the 1st day of January, 1991, the board is
responsible for providing police service for the City.
Local board
28.— (1) During 1990, the board shall be deemed to be a
local board of the City of Sarnia and not of the Town of
Clearwater.
Rights
protected
(2) Despite subsection (1), a resident or elector of the
Town of Clearwater has the same rights and privileges as a
resident or elector of the City of Sarnia relating to police
matters.
Transfer to
City
(3) On the 1st day of January, 1991, the board shall con-
tinue as the board of commissioners of police of the City and
a local board of the City.
1989
SARNIA-LAMBTON
Bill 35
17
29. — (1) The board shall, in preparing its 1990 estimates Estimates
under subsection 14 (2) of the Police Act, show separately the R so. i980,
amount required to provide police service in the Town of ^' ^^^
Clearwater and in the City of Sarnia.
(2) The amount of the estimates for providing police ser- ^em
vice in the Town of Clearwater shall be deemed to be a debt
of the Town of Clearwater falling due in 1990 for the purposes
of section 164 of the Municipal Act, and the Town of RS;0. i980,
Clearwater shall pay this amount to the City of Sarnia no later
than the 30th day of June, 1990.
302
(3) If there is a disagreement between the City of Sarnia D'sagree-
and the Town of Clearwater on how the estimates are broken '"^^ ^
down under subsection (1), the City of Sarnia or the Town of
Clearwater may refer the matter to the Ontario Police
Commission and the decision of the Ontario Police Commis-
sion is final.
30. On the 1st day of January, 1990, the assets under the Transfer of
control and management of the boards amalgamated under uawiities
subsection 27 (1) and all liabilities of such boards become
assets under the control and management of and liabilities of
the board, without compensation.
Continuation
of by-laws,
resolutions
31. — (1) On the 1st day of January, 1990, all by-laws and
resolutions of the boards amalgamated under subsection
27 (1) are continued as by-laws and resolutions of the board
and shall remain in force in the former municipality for which
they were passed until the earlier of,
(a) the date they are amended or repealed by the
board; or
(b) the 31st day of December, 1990.
(2) Nothing in this section repeals or authorizes the amend- '^^^^^^
ment or repeal of by-laws or resolutions conferring rights, re^soSns
privileges, franchises, immunities or exemptions that could remain
not have been lawfully repealed by the boards amalgamated
under subsection 27 (1).
32. On and after the 1st day of January, 1991, the board ^^^^^^
and the members of the police force of the City shall have the coumy
same duties with respect to by-laws of the County as they do enforcement
with respect to by-laws of the City,
33. Every person who is a member of the police force of ^^J"^^^'^ °^
the Town of Clearwater or of the police force of the City of Jersomei
Sarnia on the 1st day of July, 1989, and who continues to be a
18
Bill 35
SARNIA-LAMBTON
1989
member until the 31st day of December, 1989, becomes on
the 1st day of January, 1990 a member of the police force
created by the amalgamation under subsection 27 (1).
PART VI
Application
1981, c. 70
Idem
BOUNDARY ADJUSTMENTS
34. — (1) This Part applies to applications made to the
Minister under section 2 of the Municipal Boundary Negotia-
tions Act, 1981, that are being processed on the day this Part
comes into force, and to future applications made under that
section before the 1st day of January, 1991, to resolve an
intermunicipal boundary issue or an intermunicipal boundary-
related issue in the County.
(2) Subsection (1) does not apply to an issue involving a
boundary of the County unless, in the opinion of the Minister,
that issue is of a minor nature.
1981, c. 70
does not
apply
Exception
(3) Except as otherwise provided in this Part, the Municipal
Boundary Negotiations Act, 1981 does not apply to an appli-
cation to which this Part appUes.
(4) Sections 15 to 21 of the Municipal Boundary Negotia-
tions Act, 1981 apply with necessary modifications to an appli-
cation to which this Part applies and to an order made under
section 40.
Boundary
application
committee
Composition
of committee
Presiding
officer
Guidelines
35. — (1) The warden of County Council shall, within
thirty days of this Part coming into force, appoint a boundary
application committee.
(2) The committee shall have five members consisting of,
(a) the warden;
(b) two members of County Council representing towns
or villages; and
(c) two members of County Council representing
townships.
(3) The members of the committee shall appoint a
presiding officer.
36. The committee shall establish guidelines for consider-
ing boundary applications in consuhation with the Ministry of
Municipal Affairs.
1989 SARNIA-LAMBTON Bill 35 19
37. — (1) For each application to which this Part applies, Duties of
the committee shall, having regard for the guidelines estab- '^"'"'"'"^^
lished under section 36,
(a) determine and inquire into the issues raised by the
application;
(b) determine the party municipalities which have a
substantial interest in the issues raised; and
(c) obtain the opinion of the party municipalities and of
any local board that the committee considers is
affected by the application, on the issues raised by
the application.
(2) Subject to subsections (4) and (5), the committee shall wem
prepare and submit to County Council a report setting out,
(a) the issues;
(b) the party municipalities in respect of each issue;
(c) the extent of agreement or disagreement on the
issues;
(d) any agreement the party municipalities have
reached on any of the issues;
(e) the recommendations of the committee on how the
issues raised by the application should be resolved;
and
(f) any other matters the committee considers appro-
priate.
(3) The committee may make recommendations under Recommen-
1 /^\ / \ . 1 dations
clause (2) (e) with respect to,
(a) the matters set out in paragraphs 1 to 24 of section
14 of the Municipal Boundary Negotiations Act, i98i, c. 70
1981;
(b) the name of a local municipality; and
(c) in the event the committee recommends an amalga-
mation, how the County Council votes of the
mayors of the municipalities being amalgamated
should be distributed to the local municipalities,
other than the City, that would exist after such
amalgamation.
20
Bill 35
SARNIA-LAMBTON
1989
Public
meeting
Idem
Amendments
to report
Notice of
meeting
County
proposal
Recommen-
dations
Action by
Minister
Order
(4) The committee shall, before preparing its report, hold
at least one public meeting for the purpose of obtaining
information, comments or opinions regarding the application,
(5) The committee shall, after preparing its report and
before submitting it to County Council, hold at least one pub-
lic meeting for the purpose of obtaining submissions and com-
ments from the public in respect of the contents of the report.
(6) The committee may amend its report after the public
meeting required under subsection (5) and before submitting
it to County Council.
(7) Notice of a public meeting required under subsection
(4) or (5) shall be given at least fifteen days in advance of
each meeting by publishing it in a newspaper having general
circulation in the party municipalities.
38. — (1) The County Council shall consider the report of
the committee and shall, within sixty days after receiving the
report and having regard to the guideUnes established by the
committee under section 36, submit to the Minister a proposal
with respect to the resolution of the issues raised by the appli-
cation.
(2) The proposal may contain recommendations with
respect to the matters set out in subsection 37 (3).
39. The Minister shall, within sixty days of receipt of the
proposal,
(a) submit to the Lieutenant Governor in Council a
recommendation with respect to one or more of the
matters set out in subsection 37 (3);
(b) refer any issue back to County Council or the com-
mittee for further consideration;
(c) terminate further consideration of the application;
(d) refer any issue to the Municipal Board to hear any
party municipality and, after a hearing, to make
recommendations thereon; or
(e) take such other action as the Minister considers
appropriate.
40. Upon receipt of the recommendation of the Minister,
the Lieutenant Governor in Council may by order provide for
one or more of the matters set out in subsection 37 (3).
1989 SARNIA-LAMBTON Bill 35 21
PART VII
ASSUMPTION OF LOCAL POWERS BY THE COUNTY
41. — (1) In this Part, "local power" means a power that is Local power
conferred by any general or special Act on local municipalities
or local boards thereof and that is prescribed by the Minister.
(2) The County Council may pass by-laws to assume any Assumption
local power for all of the local municipalities. pow°^r^'
(3) No by-law under subsection (2) shall be passed or Double
repealed unless, majority vote
(a) a majority of all the votes on County Council are
cast in its favour; and
(b) members of County Council representing a majority
of the local municipalities cast their votes in its
favour.
(4) For the purpose of clause (3) (b), the members of ^^em
County Council representing the City shall only be considered
to have cast their votes in favour of a by-law if at least three
of the City representatives cast their votes in its favour.
(5) When a by-law passed under subsection (2) comes into Effect of
effect,
by-law
(a) the County is responsible for the local powers
assumed by the County in all of the local municipal-
ities;
(b) the County has the powers conferred by any general
or special Act upon the local municipalities or local
boards thereof related to the local powers assumed
by the County;
(c) no local municipality shall exercise the local powers
assumed by the County and any by-law or other
measure of a local municipality under that power is
of no effect; and
(d) no local municipality shall provide any service or
facility under the local power assumed by the
County within the County without the consent of
County Council, which consent may be given upon
such conditions, including the payment of compen-
sation, as may be agreed upon.
22
Bill 35
SARNIA-LAMBTON
1989
Appeal to
O.M.B.
(6) If consent is refused under clause (5) (d) or the council
of the local municipality and the County Council fail to agree
on the conditions related to the consent, the applicant may
appeal to the Municipal Board which shall hear and determine
the matter.
Decision of (^7) xhc Municipal Board may impose such conditions as it
considers appropriate and the decision of the Municipal Board
is final.
No further
appeal
R.S.O. 1980,
c. 347
Transfer of
rights, obliga-
tions, etc.
Assumption
by County of
debt
Interest
Agreements
Idem
(8) Section 94 of the Ontario Municipal Board Act does not
apply to a decision made under subsection (7).
42. — (1) All rights, obUgations, assets and liabilities of a
local municipality or local board thereof pertaining to the
local powers assumed by the County are vested in the County
and financial adjustments, calculated in accordance with such
criteria as may be prescribed, shall be made between the
County and the local municipalities or local boards thereof.
(2) The County shall pay to the local municipality or local
board thereof on or before the due date all amounts of princi-
pal and interest becoming due upon any outstanding debt of
that local municipality or local board in respect of the loca|
powers assumed by the County.
(3) If the County fails to make any payment required under
subsection (2) on or before the due date, the local municipal-
ity or local board may charge the County interest at the rate
of 15 per cent per annum, or such lower rate as the local
municipality or local board determines, from the due date
until payment is made.
43. — (1) If a local municipality or local board thereof had
entered into an agreement with any municipality or other per-
son in respect of the local power assumed by the County, the
County shall be bound by and entitled to the benefit of the
agreement and the local municipality or local board thereof is
relieved of all liability under the agreement.
(2) The County Council may enter into agreements with
any municipality or other person for establishing, construct-
ing, operating or managing any service or facility that is within
the jurisdiction of the County Council as a result of the pas-
sage of the by-law under subsection 41 (2).
Rates 44, — (1) Despite sections 368 and 368e of the Municipal
f'm ^^^^' ^^^' ^^^ County Council may by by-law provide for imposing
on and collecting from the local municipalities for which it is
providing services or facilities under the assumed local powers
1989 SARNIA-LAMBTON Bill 35 23
a rate sufficient to pay the whole, or such portion as the by-
law may specify, of the expenditures and capital costs includ-
ing debenture charges related to the services or faciUties and
such rate may vary on any basis the County Council considers
appropriate and specifies in the by-law.
(2) All rates under subsection (1) constitute a debt of the idem
local municipality to the County and are payable at such times
and in such amounts as may be specified by by-law of the
County Council.
(3) Despite sections 368 and 368e of the Municipal Act, a collection of
local municipality may, ^''*^''
rates
R.S.O. 1980,
c. 302
t
(a) pay the whole or part of the amount chargeable to
it under this section out of its general funds;
(b) pass by-laws for collecting the whole or part of the
amount chargeable to it under this section in the
same manner as that local municipality could have
collected the amount if the local power had not
been assumed by the County; and
(c) include the whole or any part of an amount charge-
able to it under this section as part of the cost of an
urban service within an urban service area estab-
lished in the local municipality under any general or
special Act.
45. — (1) When a by-law under subsection 41 (2) is ^ep^^' "^
repealed,
by-law
(a) the local powers assumed by the County revert to
the local municipalities and local boards thereof as
they exist on the day the by-law is repealed;
(b) all rights, obligations, assets and liabilities of the
County or local board thereof pertaining to the
local powers are vested in the local municipalities or
local boards thereof;
(c) financial adjustments, calculated in accordance with
such criteria as may be prescribed, shall be made
between the County or local board thereof and the
local municipalities or local boards thereof; and
(d) the local municipalities or local boards thereof shall
pay to the County or local board thereof on or
before the due date all amounts of principal and
interest becoming due upon any outstanding debt of
24
Bill 35
SARNIA-LAMBTON
1989
the County or local board thereof in respect of the
local powers reverting to the local municipalities or
local boards thereof.
Interest
(2) If the local municipalities or local boards thereof fail to
make any payment required under clause (1) (d) on or before
the due date, the County or local board thereof may charge
the local municipaHties or local boards thereof interest at the
rate of 15 per cent per annum, or such lower rate as the
County or local board thereof determines, from the due date
until payment is made.
Agreements (3) jf the County or local board thereof had entered into an
agreement with any municipality or other person in respect of
the local power reverting to the local municipalities or local
boards thereof, the local municipalities or local boards thereof
are bound by the agreement and the County or local board
thereof is relieved of all liability under the agreement.
Disputes 45^ — (1) Jf a dispute arises in respect of the financial
adjustments or the vesting of assets and liabilities under sub-
section 42 (1) or clause 45 (1) (b), or the transfer of agree-
ments under subsection 43 (1) or subsection 45 (3), the
County, local municipality or local board affected may apply;
to the Municipal Board for a resolution of the dispute and the
Municipal Board shall hear and determine the matter and itj^
decision is final.
R.S.O. 1980,
c. 347, s. 94
does not
apply
Regulations
(2) Section 94 of the Ontario Municipal Board Act does not
apply to a decision made under subsection (1).
47. — (1) The Lieutenant Governor in Council may make
regulations,
(a) providing for the security of employment, the pro-
tection of benefits, including seniority and pensions,
and early retirement options for employees affected
by by-laws passed or repealed under this section;
(b) prescribing the criteria for determining the amount
of and the manner of payment of the financial
adjustments under subsections 42 (2) and 45 (1) and
for providing which body shall pay and which body
shall receive the payments made under those sub-
sections.
Minister's
order
(2) The Minister may by order prescribe the local powers to
which this Part applies.
1989
SARNIA-LAMBTON
PART VIII
Bill 35
25
WASTE DISPOSAL
48. In this Part, "waste" means garbage, refuse, domestic Definition
waste, industrial solid waste or municipal refuse and such
other waste as may be designated by by-law of the County
Council.
49. — (1) On and after the 1st day of January, 1991, the County waste
County shall provide facilities for receiving, dumping and dis- ^'^^ "'^^
posing of waste and no local municipality or local board
thereof shall provide such facilities.
(2) For the purposes of subsection (1), the County Council County
has the powers conferred by any general or special Act upon p°^^^^
the local municipalities and local boards thereof for the receiv-
ing, dumping and disposing of waste.
(3) The County Council may, for each local municipality, Designated
designate one or more facilities for the receiving, dumping
and disposing of waste or any class thereof.
(4) If a designation has been made, a local municipality Wem
shall not utilize any facilities except the facilities that have
been designated for that local municipality.
50. — (1) No facilities for the receiving, dumping and dis- waste
posing of waste shall be provided in the County by any county'
municipality or other person without the consent of the responsibility
County Council, which consent may be given upon such
terms, including the payment of compensation, as may be
agreed upon.
Existing
facilities
(2) Subsection (1) does not apply to prevent any person or
any municipality which does not form part of the County for
municipal purposes from providing facilities for the receiving,
dumping and disposing of waste if such facilities were being
lawfully provided on the 1st day of January, 1991, so long as
that facility continues to operate without interruption.
(3) If the County Council refuses its consent under sub- ^^^^f/ ^^'
section (1) or the applicant and the County Council fail to o.m.b.
agree on the terms related to the consent, the applicant may
appeal to the Municipal Board which shall hear and determine
the matter and may impose such conditions as the Board con-
siders appropriate.
(4) The decision of the Municipal Board is final.
Decision final
26
Bill 35
SARNIA-LAMBTON
1989
R.S.O. 1980,
c. 347, s. 94
does not
apply
Agreements
(5) Section 94 of the Ontario Municipal Board Act does not
apply to a decision made under subsection (3).
51. The County Council may enter into agreements with
any municipality or other person for establishing, construct-
ing, operating or managing, facilities for the receiving, dump-
ing and disposing of waste.
Adoption of 52. Scction 42, subsection 43 (1), section 44 and clause
provisions 47 (1) (b) apply with necessary modifications to the powers
granted to the County under this Part to provide facilities for
receiving, dumping and disposing of waste.
Disputes 53, If a dispute arises in respect of the financial adjust-
ments or the vesting of assets and liabilities, or the transfer of
agreements under this Part, the board of arbitrators estab-
lished under section 80 has the power to hear and determine
the matter.
PART IX
COUNTY ROAD SYSTEM
County roads 54, Qu and after the 1st day of January, 1991, all roads
under the jurisdiction and control of the County shall continue
to form part of the county road system together with,
(a) the roads that on the 31st day of December, 1990
are under the jurisdiction and control of the Sarnia
Suburban Roads Commission;
(b) the roads within the City prescribed by the
Minister; and
R.S.O. 1980,
c. 421
(c) the roads that on the 31st day of December, 1990
are covered by an agreement under section 58 of
the Public Transportation and Highway Improve-
ment Act.
Dissolution 55, — (1) xhe Sarnia Suburban Roads Commission is dis-
commission solved on the 1st day of January, 1991 and the assets and Ua-
bilities of the commission are transferred to the County on
that date.
Transfer of
benefits,
liabilities
(2) The County has, in respect of the roads included in the
county road system, all the rights, powers and benefits con-
ferred and is subject to all liabilities imposed by statute,
by-law, contract or otherwise upon the Sarnia Suburban
Roads Commission.
1989 SARNIA-LAMBTON Bill 35 27
56.^1) Despite subsections 270 (1), (2) and (4) of the Assumption
Municipal Act, the County Council may by by-law assume as a by SmT
county road any highway within a local municipality. r.s.o. 1980,
c. 302
(2) A by-law passed under subsection (1) does not take consent
effect until assented to by the council of the local municipal- ^^^^"^'^
ity.
(3) The County Council may by by-law assume as a county Connecting
road any highway in a local municipality that connects with a ^^'^^
county road.
57.— (1) Sections 58 and 59 of the Public Transportation RS.o. i980,
and Highway Improvement Act do not apply to the County or 58,^59' do
the local municipalities. not apply
(2) All existing agreements between the County and a local Existing
municipality under section 58 of the Public Transportation and ^^s^o^illo
Highway Improvement Act are terminated on the 1st day of c. 421
January, 1991.
58.— (1) Despite subsections 278 (1) and (2) of the Bridges
Municipal Act, a bridge that, on the 31st day of December, R so. i980,
1990, is under the exclusive or joint jurisdiction and control of ^'
County Council is on the 1st day of January, 1991 transferred
to and vested in the council of the local municipality that has
jurisdiction over the highway on which the bridge is situate.
(2) Subsection (1) does not apply to bridges. Limitation
(a) on county roads;
(b) on a boundary line between local municipalities; or
(c) on a county boundary line.
59. The Minister may by order prescribe the roads within Jjjj^j^^^"^'^
the City which are county roads.
PARTX
HEALTH AND SOCIAL SERVICES
60.— (1) On and after the 1st day of January, 1991, the Jf^^,JJ™„jt
Lambton Health Unit shall be composed of,
(a) not more than six members appointed from and by
the County Council; and
28
Bill 35
SARNIA-LAMBTON
1989
(b) not more than two persons appointed by the
Lieutenant Governor in Council upon the recom-
mendation of the Minister of Health.
County
responsible
for expenses
1983, c. 10
(2) Despite any other Act, the expenses incurred by the
Lambton Health Unit in establishing and maintaining the
health unit and performing its functions under the Health
Protection and Promotion Act, 1983 or any other Act shall be
paid by the County.
S""Sibie ^^' ^^^ ^^^ purposes of the General Welfare Assistance _
under"*^ ^ Act, no local municipality shall be deemed to be a municipal-
RS-O- 1980, ity and the County shall have sole responsibility as a County
for all matters provided for in that Act,
Homes for
the aged
62. — (1) The homes for the aged known as Twilight
Haven, North Lambton and Marshall Gowland, and all assets
and liabilities thereof, vest solely in the County on and after
the 1st day of January, 1991.
No local
municipality
ha authority
under
R.S.O. 1980,
c. 203
Costs
R.S.O. 1980,
c. 302
(2) No local municipality has authority to establish, erect or
maintain a home for the aged under the Homes for the Aged^
and Rest Homes Act.
(3) The costs of operating and maintaining Twilight Haven,
North Lambton and Marshall Gowland shall form part of the
levy under section 164 of the Municipal Act.
1984, c. 55 53, No local municipality shall be deemed to be a munici-
docs not
apply to local pality for the purposes of the Child and Family Services Act,
municipality 1984.
Information
to be
provided to
County
64. Every local municipality and every officer or
employee thereof shall, at the request of the officers of the
County who are responsible for the administration of the Acts
referred to in this Part, furnish to the County officers any
information they may require for the purposes of this Act.
PART XI
PUBLIC LIBRARIES
County
library board
1984, c. 57
65. — (1) A county library board for the entire County to
be known as "The Lambton County Library Board" is hereby
established on the 1st day of January, 1991 and shall be
deemed to be a county library board established under Part I
of the Public Libraries Act, 1984.
1989
SARNIA-LAMBTON
Bill 35
29
(2) Subsection 9 (6) of the Public Libraries Act, 1984 does i984, c. 57,
not apply in the County. ^■J/JJ,t
apply
(3) All local municipalities shall be deemed to be partici- Apponion-
pating municipalities for the purposes of subsection 26 (1) of TOumy°levy
the Public Libraries Act, 1984.
(4) All library boards of the County, local municipalities Transfer of
and former municipalities are dissolved on the 1st day of Siit'ies to
January, 1991 and their assets and liabilities are transferred to county
the county library board established under subsection (1), ^^'^^y^^'^
without compensation.
(5) All by-laws, rules, regulations and fees passed or estab- Continuation
lished by the boards dissolved under subsection (4) are contin- etc. ^ ^^*'
ued as by-laws, rules, regulations and fees of the county
library board and shall remain in force until the earlier of,
(a) the date they are amended or repealed by the
board; or
(b) the 31st day of December, 1992.
(6) Nothing in this section repeals or authorizes the amend- Certain
ment or repeal of by-laws conferring rights, privileges, fran- continued
chises, immunities or exemptions that could not have been
lawfully repealed by a board dissolved under subsection (4).
66. The County shall pay to each local municipality, on or Debt
before the due date, all amounts of principal and interest county"^^
becoming due upon any outstanding debt of each local munici-
pality in respect of public libraries and, if the County fails to
pay the amounts before the due date, the local municipality
may charge the County interest at the annual rate of 15 per
cent, or such lower rate as the local municipality determines,
from the due date until payment is made.
67. Every person who was an employee of a board dis-
solved under this Part on the 1st day of July, 1990, and con-
tinues to be employed until the 31st day of December, 1990,
becomes, on the 1st day of January, 1991, an employee of the
county library board.
Transfer of
employees
PART XII
FINANCES
68. In this Part,
Definitions
30 Bill 35 SARNIA-LAMBTON 1989
"average municipal commercial mill rate" means, in respect of
a local municipality, the rate obtained by dividing the total
of taxes levied for all purposes, other than for school pur-
poses and other than under sections 32 and 33 of the
R.s.o. 1980, Assessment Act, on the commercial assessment for the pre-
ceding year by the total commercial assessment for the pre-
ceding year and multiplying the result by 1,000;
c. 31
"commercial assessment" means commercial assessment as
R.s o. 1980, defined in clause 1 (1) (b) of the Ontario Unconditional
Grants Act;
"discounted assessment" means, for a local municipality or for
a merged area, the sum of,
(a) the product obtained by multiplying the residential
and farm assessment for that local municipality or
that merged area by 0.5131, and
(b) the commercial assessment for that local municipal-
ity or that merged area;
"discounted equalized assessment" means, for each local
municipality, the sum of the discounted assessment and the
equivalent assessment of that local municipality divided by
its prescribed equalization factor and multiplied by 100;
"discounted equalized assessment for each merged area"
means the discounted assessment of the merged area
divided by its prescribed equalization factor and multiplied
by 100;
"equivalent assessment" means, for a local municipality, that
portion of its payments in lieu of taxes in the preceding
R.s.o. 1980, year, as defined in clause 365 (1) (j) of the Municipal Act,
not allocated for school purposes, divided by the average
municipal commercial mill rate and multiplying the result
by 1,000;
"merged area" means the area of the City of Samia or the
area of the Town of Clearwater;
"net county levy" means the amount required for County pur-
poses under subsection 365 (6) of the Municipal Act includ-
ing the sums required for any board, commission or other
body, apportioned to each local municipality by the
County;
"net lower tier levy" means the amount required for the pur-
poses of a local municipality under section 164 of the
1989
SARNIA-LAMBTON
Bill 35
31
Municipal Act including the sums required for any board, RS.o. 1980,
commission or other body, but excluding amounts required '^ ^^^
to be raised for County and school purposes or for a special
rate imposed under section 79;
"residential and farm assessment" means residential and farm
assessment as defined in clause 7 (1) (e) of the Ontario ^■^£- i980,
Unconditional Grants Act.
359
69. — (1) For purposes of apportioning the net county levy Prescribed
or the net lower tier levy among the respective merged areas, Sl^^^'^"
the Minister may, in each year, prescribe the equalization fac-
tor to apply for that year to each local municipality within the
County and each merged area.
(2) Despite subsection 365 (6) of theMunicipal Act, the Annual
treasurer of the County shall determine, ?p^"iSonnient
(a) the discounted equalized assessment of each local
municipality in the County;
(b) the discounted equalized assessment of the County;
and
(c) the percentage share of apportionment, correct to
three decimal places, for each local municipality by
dividing the discounted equalized assessment for
each local municipality by the discounted equalized
assessment of the County and multiplying the result
by 100.
70. — (1) In each year, the Ministry of Municipal Affairs Annual
shall calculate and notify the City of the discounted equalized ^^{Jlrtionmem
assessment for each merged area.
How levies
apportioned
R.S.O. 1980,
c. 359
(2) Despite subsection 7 (2) of the Ontario Unconditional
Grants Act, the net county levy and the net lower tier levy of
the City shall be levied against the whole rateable property,
including business assessment thereon, of the City and appor-
tioned between the merged areas of the City in the proportion
that the discounted equalized assessment for each merged
area bears to the total discounted equalized assessment of
both merged areas.
(3) The rates to be levied in each merged area of the City ^^^^JJ^^j
shall be determined in accordance with subsection 7 (3) of the rates
Ontario Unconditional Grants Act.
71.— (1) Despite section 70, the council of the City may by i"terim levy
by-law in any year, before the adoption of the estimates for
32
Bill 35
SARNIA-LAMBTON
1989
that year, levy in each of the merged areas, on the whole of
the assessment for real property, including business assess-
ment in the merged area, according to the last returned
assessment roll, a sum not exceeding 50 per cent of that which
would be produced by applying to such assessment the total
rate for all purposes levied in the merged area in the preced-
ing year on residential real property of public school support-
ers.
Adjustments (2) The amount of any levy under subsection (1) shall be
deducted from the amount of the levy made under subsection
70 (2).
Application
of
R.S.O. 1980,
c. 302,
s. 159 (5)
Merged areas
under
R.S.O. 1980,
c. 129
(3) Subsection 159 (5) of the Municipal Act applies to levies
made under subsection (1).
72. — (1) For the purposes of levying taxes under Part IV
of the Education Act, the merged areas shall be deemed to be
municipalities, and the council of the City shall be deemed to
be the council of each merged area.
Regulations (2) The Lieutenant Governor in Council may each year
make regulations providing for the apportionment of the sums
required by the Lambton County Board of Education and The
Lambton County Roman Catholic Separate School Board
with respect to any local municipaUty or merged area or parts
thereof that are wholly or partly within their area of jurisdic-
tion.
Where
county-wide
assessment
R.S.O. 1980,
c. 302
73. Sections 69, 70, 71 and 72 of this Part and sections
365, 366 and 368 of the Municipal Act cease to apply to the
County and the local municipalities if the County has been
subject to an assessment update under section 368b of the
Municipal Act.
Direction of
Minister of
Revenue
74. — (1) Despite subsections 368b (3) and (3a) of the
Municipal Act, in 1991, for the purposes of taxation in 1992,
the Minister of Revenue shall make a direction under sub-
section 368b (2) of the Municipal Act for changes to be made
to the assessment rolls of the local municipalities.
Grants
(2) If the Minister is of the opinion that taxes for school
purposes in a local municipality may be unduly increased
because of changes made to the assessment rolls of local
municipalities as a result of a direction under subsection (1),
the Minister may make a grant to the local municipality under
such terms as the Minister considers necessary in the circum-
stances.
1989
SARNIA-LAMBTON
Bill 35
33
(3) If, in any year, a local municipality receives a grant Grant to be
under subsection (2), the local municipality shall, in that year, reduc?
use the grant to reduce the increases in the amounts the local increases
municipality is required to levy for school purposes.
(4) Nothing in this Part prevents or restricts a local munici- Certain
pality from passing by-laws under section 362 or 363 of the affeS"°*
Municipal Act. r.s.o. 1980,
c. 302
75.— (1) In 1991, the council of the City shall, in the man- i99i city
ner prescribed by the Minister, levy on the whole of the ^^^^^
assessment for real property and business assessment accord-
ing to the last returned assessment roll pertaining to the
merged area of the Town of Clearwater rates of taxation for
general purposes which shall not be increased over the 1990
rates by more than the lesser of,
(a) 3.5 per cent of the rates of taxation for general
purposes in the Town of Clearwater in 1990; and
(b) the rate of inflation for the calendar year of 1990, as
determined by the Consumer Price Index published
by Statistics Canada.
(2) In 1992, the council of the City shall, in the manner i992 city
prescribed by the Minister, levy on the whole of the assess-
ment for real property and business assessment according to
the last returned assessment roll pertaining to the merged area
of the Town of Clearwater rates of taxation for general pur-
poses which shall limit the aggregate levy for general purposes
upon the merged area to the lesser of,
(a) 103.5 per cent of the dollar amount levied for gen-
eral purposes in the merged area of the Town of
Clearwater in 1991 ; and
(b) 100 per cent plus the rate of inflation for the calen-
dar year of 1991, as determined by the Consumer
Price Index published by Statistics Canada, of the
dollar amount levied for general purposes in the
merged area of the Town of Clearwater in 1991.
(3) In 1993, the council of the City shall, in the manner J^/^^'^y
prescribed by the Minister, levy on the whole of the assess-
ment for real property and business assessment according to
the last returned assessment roll pertaining to the merged area
of the Town of Clearwater rates of taxation for general pur-
poses which shall not be increased over the 1992 rates by
more than the lesser of.
34
Bill 35
SARNIA-LAMBTON
1989
(a) 3.5 per cent of the rates of taxation for general pur-
poses in the merged area of the Town of Clearwater
in 1992; and
(b) the rate of inflation for the calendar year of 1992, as
determined by the Consumer Price Index published
by Statistics Canada.
Rates,
subsequent
years
(4) In 1994, 1995, 1996, 1997, 1998, 1999 and 2000, the
council of the City shall, in the manner prescribed by the Min-
ister, levy on the whole of the assessment for real property
and business assessment according to the last returned assess-
ment roll pertaining to the merged area of the Town of Clear-
water rates of taxation for general purposes which are differ-
ent from the rates which would have been levied for such
purposes but for this subsection.
Where taxes
reduced
(5) If the Minister has made an order under this section
which results in a reduction in the taxes which would have
otherwise been levied in any year, the amount of the reduc-
tion shall be charged to the general funds of the City in that
year.
Adjustments
of grant total
R.S.O. 1980,
c. 359
76. — (1) The Minister may by order on such conditions as
the Minister considers appropriate provide for payments to be
made to the City so that in each of the years 1991, 1992 and
1993 the total of all grants received by the City under the
Ontario Unconditional Grants Act pertaining to the merged
area of the Town of Clearwater and payments under this sub-
section is not less than the total of all grants received by the
Town of Clearwater under the Ontario Unconditional Grants
Act in 1990.
Minister's
order
(2) The Minister may by order before the 1st day of
January, 2000, on such conditions as the Minister considers
appropriate, make grants or loans to the County and the local
municipalities to achieve the purposes of this Act.
Appropri-
ations
77. The money required for the purposes of this Act shall
be paid out of the money appropriated therefor by the
Legislature.
Adjustments
of grants
under
R.S.O. 1980,
c. 359
78. — (1) A grant under the Ontario Unconditional Grants
Act to the County or a local municipality in any year in which
an incorporation, a major boundary change or a major change
in responsibility for the delivery of any service took place dur-
ing that year shall be revised to reflect the incorporation, the
boundary change or the change in the delivery of services.
1989
SARNIA-LAMBTON
Bill 35
35
(2) If, in any year, there is an overpayment or underpay-
ment of grants paid to the County or a local municipality as a
result of a revision under subsection (1), the Minister shall
adjust any grant paid to the County or a local municipality in
the immediately following year by the amount of the overpay-
ment or underpayment.
79, — (1) In this section,
Adjustment
of grants by
Minister
Definitions
"urban service" means a service of the City not being pro-
vided generally throughout the City or not benefiting lands
in the City equally, and includes any liability incurred by a
former municipality with respect to such service;
"urban service area" means the area or rateable property,
including the business assessment thereon, designated in a
by-law under clause (2) (c) or in an order under clause
(5) (c).
(2) The council of the City may, with the approval of the By-laws
Municipal Board, by by-law, SS^*'"^
services
(a) identify an urban service;
(b) define which costs of the City are related to that
urban service;
(c) designate upon what area or rateable property,
including the business assessment thereon, of the
City the related costs should be raised; and
(d) levy a special rate on that area or rateable property,
including the business assessment thereon, to raise
the whole or part of the related costs.
(3) The rates to be levied within each urban service area Determi-^
shall be determined in accordance with subsection 7 (3) of the rates
Ontario Unconditional Grants Act. r.s.o. i980,
c. 359
(4) The council of the City may establish, amend or dis- ^/^°£j;°"
solve any number of urban service areas designated under service areas
subsection (2).
(5) Before the 1st day of January, 1991, the Minister, upon JJ™f"''
the joint application of the councils of the City of Samia and
the Town of Clearwater, may make an order to be effective
no earlier than the 1st day of January, 1991, that,
(a) identifies an urban service;
36
Bill 35
SARNIA-LAMBTON
1989
(b) defines which costs of the City will relate to that
urban service; and
(c) designates upon what area or rateable property,
including business assessment thereon, of the City
the related costs shall be raised.
Where
O.M.B.
approval not
required
(6) Where an order under subsection (5) creating an urban
service area is in force and has not been amended under sub-
section (7), the council of the City may pass a by-law under
clause (2) (d) related to that urban service area without the
approval of the Municipal Board.
Amendments (7) xhc couucil of the City may, with the approval of the
ordeTby City Municipal Board, by by-law amend or repeal an order under
subsection (5).
PART XIII
MISCELLANEOUS
Board of
arbitrators
80. — (1) The Minister shall appoint three persons as a
board of arbitrators to make adjustments of assets and liabili-
ties arising from any amalgamation, dissolution, other than
the dissolution of a police village, and transfer of functions or
services under Parts I, II, V, VIII, IX, X, XI and this Part.
(2) Sections 3 to 5, 7, 9 to 11 and 13 to 15 of the
Certain
K^*s!o°i9^, Arbitrations Act and the Schedule to that Act apply to an
c. 25 apply arbitration under this section.
Decisions of (3) xhe dccisions of the board of arbitrators are binding on
binding the Couuty, local municipalities and local boards and are not
subject to appeal.
Hearing (4) j]^q board of arbitrators shall hold a hearing with
respect to any matter set out in subsection (1) that is in
dispute.
Industrial gj. Paragraph 50 of section 210 of the Municipal Act
R s o 1980 ^PPli^s with necessary modifications to the County.
c. 302
By-laws §2. — (1) If there is a conflict between a by-law passed by
emergenc^y County Couucil uuder subclausc 209 (b) (ii) or (iii) of the
measures Municipal Act and a by-law passed by the council of a local
municipality under those subclauses, the by-law of County
Council prevails to the extent of the conflict.
1989 SARNIA-LAMBTON Bill 35 37
(2) When a by-law passed by County Council under sub- idem
clause 209 (b) (ii) of the Municipal Act is in force, the County R s.o. i980,
may pass by-laws, ^- ^^^
(a) with the consent of the local municipality or local
board concerned, for appointing heads of depart-
ments and ahernates to be members of or advisors
to the emergency measures planning committee or
any subcommittee thereof;
(b) with the consent of the local municipality or local
board concerned, for training employees of the
local municipality or local board in their emergency
functions;
(c) for appointing members of the emergency measures
planning committee or of any subcommittee thereof
to be in charge of the departments or utilities
throughout the County, as provided in the by-law,
when an emergency occurs;
(d) for acquiring ahernative headquarters for the
County Government outside the County; and
(e) for obtaining and distributing emergency materials,
equipment and supplies.
(3) The County shall be deemed to be a regional municipal- Deeming
ity and the local municipalities shall be deemed to be area ^cTpecdng
municipalities of that regional municipality for the purposes of i983, c. 30
the Emergency Plans Act, 1983.
83. The County Council, before the 31st day of Decem- ^'^"JffJ^Jf"^
ber, 1992, shall prepare, adopt and forward to the Minister p°an
for approval an amendment to the official plan of the County
to cover the area of the former municipality of The
Corporation of the City of Sarnia.
84. — (1) The County Council shall not request an amend- Double
ment to this Act unless.
majority vote
(a) a majority of all the votes on County Council are
cast in favour of the request; and
(b) members of County Council representing a majority
of the local municipalities cast their votes in favour
of the request.
(2) For the purposes of clause (1) (b), subsection 41 (4) wem
applies with necessary modifications.
38
Bill 35
SARNIA-LAMBTON
1989
Regulations
respecting
employees
85. — (1) The Lieutenant Governor in Council may, upon
the recommendation of the Minister, make regulations provid-
ing for the security of employment, the protection of benefits,
including seniority and pensions, and early retirement options
for employees affected by this Act.
Limitation
Repeal of
ss. 4 and 18
(2) Subsection (1) does not apply to employees affected by
a by-law passed or repealed under Part VII.
86. Sections 4 and 18 of this Act are repealed on the 1st
day of December, 1991.
Repeals gy. jhe City of Sarnia Act, 1925, being chapter 103, The
City of Sarnia Act, 1977, being chapter 101 and the County of
Lambton Act, 1981, being chapter 92, are repealed on the 1st
day of January, 1991.
Commence-
ment
Idem
88.— (1) This Act, except sections 5, 6, 7, 13, 19, 20 and
21, Parts IX and X and section 87, comes into force on the
day it receives Royal Assent.
(2) Sections 5 and 13, Parts IX and X and section 87 come
into force on the 1st day of January, 1991.
Idem
Transition,
regular
elections
R.S.O. 1980,
c. 308
(3) Sections 6, 7, 19, 20 and 21 come into force on the 1st
day of December, 1991.
(4) Despite subsection (3), the regular elections to be held
in 1991 under the Municipal Elections Act in the area munici-
palities shall be conducted as if sections 6, 7 and 19 were in
force.
Short title 89, The short title of this Act is the Sarnia- Lambton Act,
1989.
SCHEDULE
WARD 1
Beginning at the intersection of the southerly boundary of the Town of
Clearwater and the centre line of the Blackwell Sideroad;
Thence northerly along the centre line of the Blackwell Sideroad and the
northerly prolongation thereof to a point distant 500 metres measured
northerly from the southerly high water mark of Lake Huron;
Thence easterly and parallel with the southerly high water mark of the said
Lake to the easterly boundary of the Town of Clearwater;
Thence southerly along the easterly boundary of the said Town to the south
easterly angle of the said Town;
1989 SARNIA-LAMBTON Bill 35 39
Thence westerly along the southerly boundary of the said Town to the place
of beginning.
WARD 2
Beginning at the intersection of the centre line of the King's Highway No.
402 and the centre line of the Blackwell Sideroad;
Thence northerly along the centre line of Blackwell Sideroad and the
northerly prolongation thereof to a point distant 500 metres measured
northerly from the southerly high water mark of Lake Huron;
Thence westerly and parallel with the southerly high water mark of the said
Lake to the International Boundary between the Province of Ontario and
the United States of America;
Thence southerly along the said International Boundary to the northerly
boundary of the Village of Point Edward;
Thence easterly and southerly along the northerly and easterly boundaries
of the said Village to the centre line of Michigan Avenue;
Thence easterly along the centre line of Michigan Avenue to the centre Hne
of Indian Road North;
Thence southerly along the centre line of Indian Road North to the centre
line of the King's Highway No. 402;
Thence easterly along the centre line of the said King's Highway to the
place of beginning.
WARD 3
Beginning at the intersection of the westerly boundary of the City of Sarnia
and the centre line of Michigan Avenue;
Thence easterly along the centre line of Michigan Avenue to the centre line
of Indian Road North;
Thence southerly along the centre line of Indian Road North to the centre
line of the King's Highway No. 402;
Thence easterly along the centre line of the said King's Highway to the
centre line of the Blackwell Sideroad;
Thence southerly along the centre line of the Blackwell Sideroad to the
northerly limit of Concession V of the former Township of Sarnia;
Thence westerly along the northerly limit of the said Concession to the
easterly Hmit of the King's Highway No. 40;
Thence westerly to and along the centre line of Wellington Street to the
centre line of Indian Road South;
Thence northerly along the centre line of Indian Road South to the centre
line of London Road;
Thence westerly along the centre line of London Road and the westerly
prolongation thereof to the International Boundary between the Province of
Ontario and the United States of America;
40 Bill 35 SARNIA-LAMBTON 1989
Thence northerly along the said International Boundary to the southerly
boundary of the Village of Point Edward;
Thence easterly and northerly following the boundaries between the Village
of Point Edward and the City of Sarnia to the place of beginning.
WARD 4
Beginning at the intersection of the southerly boundary of the Town of
Clearwater and the centre line of the Blackwell Sideroad;
Thence northerly along the centre Hne of the Blackwell Sideroad to the
northerly limit of Concession V of the former Township of Sarnia;
Thence westerly along the northerly limit of the said Concession to the
easterly limit of the King's Highway No. 40;
Thence westerly to and along the centre line of Wellington Street to the
centre line of Indian Road South;
Thence northerly along the centre line of Indian Road South to the centre
line of Lx)ndon Road;
Thence westerly along the centre line of London Road and the westerly
prolongation thereof to the International Boundary between the Province of
Ontario and the United States of America;
Thence southerly along the said International Boundary to the southerly
boundary of the City of Sarnia;
Thence easterly along the southerly boundary of the City of Sarnia and the
Town of Clearwater to the place of beginning.
Bill 36
Government Bill
2nd session, 34th LEGISLATURE, ONTARIO
38 ELIZABETH II, 1989
Bill 36
An Act to revise the
Public Service Superannuation Act
The Hon. M. Elston
Chairman of the Management Board of Cabinet
1st Reading June 20th, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTES
The Bill will continue the existing pension plan established under the Public Service
Superannuation Act (which contains the basic pension plan) and the Superannuation
Adjustment Benefits Act (which requires inflation adjustments for benefits payable under
the basic plan).
Changes will be made respecting who is eligible to become a member of the plan,
the level of contributions required under the plan and certain rules governing pension
transfers and the purchase of credit under the plan. Certain provisions of the pension
plan (concerning entitlement to benefits and the administration of the plan) will be
changed to meet the requirements of the Pension Benefits Act, 1987. Additional technical
changes are made with respect to the administration of the plan.
Three alternative mechanisms for amending the plan will be provided. Initially, the
Lieutenant Governor in Council will be able to amend the plan by order. The Bill will
permit the Government to enter into an agreement with the members to establish joint
control or member control over the plan. Amendments to the plan will then be made
according to the terms of the agreement. Ownership of surplus and responsibiUty for def-
icits that may arise under the plan will be concomitant with control over the plan.
A Public Service Pension Board will be created to administer the plan and the pen-
sion fund. Custody of the pension fund will be transferred from the Treasurer to the
Board. The Treasurer will be responsible for paying any deficit that may exist when the
pension fund is transferred to the Board.
The Bill is structured as an Act with two Schedules. The Act contains the particulars
of the continuation of the pension plan (sections 3 to 5), the amending mechanisms (sec-
tion 6), the transfer of the pension fund from the Treasurer to the Board (sections 7 to
11) and transitional provisions (sections 12 to 14). Schedule 1 contains the details of the
pension plan (sections 1 to 28) and establishes the Board (sections 29 to 38). Schedule 2
lists the amount of the Treasurer's special monthly payments to liquidate the unfunded
liability of the plan as it exists when custody of the pension fund is transferred to the
Board.
Changes to the pension plan:
The following are the key changes in the terms of the pension plan:
1. Substantive changes, other than those required by the Pension Benefits Act,
1987, include:
(a) Contract employees and unclassified part-time employees, who are not
eligible to become members of the existing pension plan, have the option
of joining the plan. (Section 2 of Schedule 1)
(b) The rate of a member's required contributions increases by 1 per cent of
the member's salary. This increase is matched by an increase in the
employer's contributions. (Section 6 of Schedule 1)
(c) The rules governing the purchase of credit for past service are simplified
and the purchase of credit for certain service in the private sector is per-
mitted. (Section 11 of Schedule 1)
(d) A pensioner who marries after retirement may elect to provide a survivor
pension for a spouse, with a corresponding reduction in the amount of
the member's pension. (Section 21 of Schedule 1)
2. Changes required by the Pension Benefits Act, 1987 include:
(a) A person's entitlement to a pension relating to employment after Decem-
ber 31, 1986 vests and his or her contributions are locked in after two
years of continuous membership in the plan. {Section 13 of Schedule 1)
(b) The "50 per cent rule" applies, ensuring that a member's contributions
under the plan plus interest do not exceed 50 per cent of the commuted
value of the pension the member receives for employment since January
1, 1987. {Section 13 of Schedule 1)
(c) The amount of a spouse's survivor pension is increased from 50 per cent
to 60 per cent of the member's pension, with a corresponding reduction
in the amount of the member's pension. (The member and spouse can
waive the increase.) {Section 19 of Schedule 1)
(d) A spouse or beneficiary or the estate of a member entitled to a pension,
who dies before beginning to receive it, is entitled to a benefit based on
the member's employment after December 31, 1986. {Section 22 of
Schedule 1)
Bill 36
1989
An Act to revise the
Public Service Superannuation Act
CONTENTS OF ACT
Section
1. Definitions
2. Application
3. Plan continued
4. Plan documents
5. Public Service Superannuation
Fund continued
6. Future revision of Plan
7. Transfer of SAF Account
8. Initial unfunded liability
9. Interim payments of unfunded
liability
10. Initial valuation
Section
11. Subsequent valuations
12. Payment of pensions under
other Acts
13. Expiry of appointments
14. Continued application
15. Superannuation Adjustment
Benefits Act ceases to apply
16. Public Service Superannuation
Act repealed
17. Commencement
18. Short title
CONTENTS OF SCHEDULE 1
Section
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Definitions
Plan members
Termination of membership
Persons not entitled to be
members
Contributions to and payments
from Fund
Contributions by members
Contributions by employer
Leave of absence with pay
Continued membership on
release from employment
Long term income protection
Prior service with the Crown,
etc.
Contribution, salary and service
record
Refunds before twenty-four
months membership
Disability pension
Pension at age sixty-five
Deferred pension
Computation of pension
Application for pension
Pension to surviving spouse
Section
20. Increased survivor pension
21. Post-retirement marriage
22. Survivor pension on death
before payment of pension
23. Survivor pension for pre-1987
credit
24. Inflation adjustment
25. Pre-retirement part-time
employment
26. Re-employment of pensioner
27. Void transactions
28. Payment to estate
29. Board to be corporation
30. Remuneration
31. Duty of Board
32. Powers of Board
33. Committees
34. Quorum
35. Expenses
36. Annual report
37. Report re O.P.P. early
retirement benefit
38. Indemnification
Bill 36
PUBLIC SERVICE PENSION
1989
CONTENTS OF SCHEDULE 2
Interim payments of unfunded liability
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
Definitions 1, In this Act, "actuary", "Board", "Crown", "Fund",
"member", "Minister", "pension", "pension benefit",
"Plan", "salary" and "Treasurer" have the same meaning as
in section 1 of Schedule 1.
Application
Plan
continued
R.S.O. 1980,
cc. 419, 490
2. Subject to subsection 14 (2), this Act applies to every
person employed in the service of the Crown after the 31st
day of December, 1989.
3. The pension plan contained in the provisions of the]
Public Service Superannuation Act and the regulations there-
under, including the benefits provided under the
Superannuation Adjustment Benefits Act in relation to pen-
sions provided under the Public Service Superannuation Act, is
continued as the Public Service Pension Plan as revised by this
Act and set out in Schedule 1.
Plan
documents
4. The terms of the Plan are those set out in Schedule 1,
in this Act and in such other documents concerning the Plan
as are created under this Act or Schedule 1.
5. — (1) The Public Service Superannuation Fund estab-
lished under the Public Service Superannuation Act is contin-
Public
Service
Superan-
nuation Fund ued as the Public Service Pension Fund to provide benefits in
"'"'^™''* respect of the Plan.
Board to
administer
Future
revision of
Plan
(2) The Plan and the Fund shall be administered by the
Board in accordance with this Act and the Plan.
6. — (1) The Lieutenant Governor in Council by order may
amend the Plan and, without restricting the generality of the
foregoing, may,
(a) determine the methods or assumptions to be used to
calculate any pension benefit provided under the
Plan;
(b) rescind the Plan and replace it with another pension
plan;
(c) extend, modify or restrict the conditions upon
which persons may become members of the Plan;
1989
PUBLIC SERVICE PENSION
Bill 36
¥
(d) establish a separate pension plan or plans for any
class or classes of persons who are members of the
Plan, and direct the transfer from the Fund to any
fund related to such separately established pension
plan or plans of any amount specified to represent
the value, as determined by an actuarial valuation,
of the pension benefits of persons who will be mem-
bers of such separately established pension plan or
plans;
(e) increase or prospectively reduce, eliminate or mod-
ify any pension benefit set out in the Plan or the
rate or amount of contribution to be made under
the Plan;
(f) regulate the administration of the Plan and the com-
position, duties and powers of the Board;
(g) exercise with respect to any plan established under
this section the powers conferred by this section.
(2) To the extent that an amendment of the Plan made Limitation re
under subsection (1) conflicts with the Pension Benefits Act, j^!," ^'"j"
1987 in a matter in which the conflict is not authorized by this
Act or Schedule 1, the amendment is void.
(3) If the Crown enters into an agreement for an indefinite Agreement
term with representatives of a majority of the members with resfwnsibiuty
respect to,
(a) the joint management of the Plan and the Fund by
the Crown and representatives of the members;
(b) the sharing between the Crown and the members of
surpluses and deficiencies in the Fund;
(c) prior consultation between the Crown and the rep-
resentatives to determine if agreement can be
reached between them concerning any change in
benefits under the Plan or in the rate or amount of
contributions to the Fund from the Crown or the
members; and
(d) mediation procedures following a failure to agree
on a change in benefits under the Plan or in the rate
or amount of contributions to the Fund,
the powers mentioned in subsection (1) shall, while the agree-
ment remains in force, be exercised only in accordance with
the agreement.
4
Idem
Bill 36
PUBLIC SERVICE PENSION
1989
(4) An agreement mentioned in subsection (3) may also
provide that, to the extent specified in the agreement, sub-
sections 11 (2) and (5) cease to apply while the agreement is
in force.
Agreement
for member
responsibility
Application
of
R.S.O. 1980,
c. 446
Transfer of
SAF Account
R.S.O. 1980,
cc. 419, 490
(5) If it is agreed between the Crown and representatives of
a majority of members that the management of the Plan, the
entitlement to surpluses in the Fund and the liability for defi-
ciencies in the Fund will be permanently assumed by the
members from time to time of the Plan and that the Uability
of the Crown to contribute to the Fund will be limited to a
specified amount or to a specified percentage of members'
contributions or salaries, the Lieutenant Governor in Council
may provide by order that the powers mentioned in subsection
(1) shall be exercised thereafter only in accordance with the
agreement and by the person, persons or entity specified in
the agreement.
(6) The Regulations Act does not apply with respect to an
order amending the Plan.
7.— (1) As of the 31st day of December, 1989, the Trea-
surer shall transfer to the Public Service Superannuation Fund
Account maintained in the Consohdated Revenue Fund under
the Public Service Superannuation Act the total assets and lia-
bilities of the Public Service Superannuation Fund Account in
the Superannuation Adjustment Fund Account maintained in
the Consolidated Revenue Fund under the Superannuation
Adjustment Benefits Act.
Transfer of
O.P.P.
Supple-
mentary
Benefits
Account
(2) As of the 31st day of December, 1989, the Treasurer
shall transfer to the Public Service Superannuation Fund
Account maintained in the Consolidated Revenue Fund under
the Public Service Superannuation Act the total assets and lia-
bilities of the Ontario Provincial Police Supplementary Bene-
fits Account maintained in the Consolidated Revenue Fund
under Order in Council 196/85.
Interest
(3) As of the 31st day of December, 1989, the Treasurer
shall pay to the Public Service Superannuation Fund Account
maintained in the Consohdated Revenue Fund under the
Public Service Superannuation Act interest at the rates and on
the terms determined by the Lieutenant Governor in Council
on the cash balances that from time to time stood to the credit
of,
R.S.O. 1980,
c. 419
(a) the Public Service Superannuation Fund Account
maintained in the Consolidated Revenue Fund
under the Public Service Superannuation Act;
1989 PUBLIC SERVICE PENSION BUI 36 5
(b) the Public Service Superannuation Fund Account in
the Superannuation Adjustment Fund Account
maintained in the Consolidated Revenue Fund
under the Superannuation Adjustment Benefits Act; RS.o. 1980,
and "■ "^^
(c) the Ontario Provincial Police Supplementary Bene-
fits Account mentioned in subsection (2),
in the period from the 1st day of April, 1989 to the 31st day of
December, 1989.
(4) Interest payable by the Treasurer on assets held on the wem
1st day of April, 1989 in the accounts referred to in clauses
(3) (a), (b) and (c) shall be accrued to the 31st day of Decem-
ber, 1989 and paid as of that date to the Public Service Super-
annuation Fund Account despite a later time for payment
specified in any instrument that provides for payment of the
interest, and the payment made to the Account reduces the
liability of the Treasurer under the instrument for interest by
the amount paid.
(5) Payments by the Treasurer made under subsections (3) ^^^^
and (4) shall be made from the Consolidated Revenue Fund.
(6) As of the 1st day of January, 1990, the Treasurer shall J'^^^^^' °^
transfer to the custody and control of the Board the total Account
amount of the assets on the 31st day of December, 1989 of the
Public Service Superannuation Fund Account maintained in
the Consolidated Revenue Fund under the Public Service R s.o. i980,
Superannuation Act, including assets and payments transferred
or made to that account under this section, by issuing to the
Board debentures of the Province of Ontario that are equal to
the amount of the assets and that, in the opinion of the Trea-
surer, provide for the payment of principal and interest on
terms substantially equivalent to those on which the assets are
held on the 31st day of December, 1989.
(7) All Uabilities on the 1st day of January, 1990 of the I'l^^^'^^l^ ^^
accounts mentioned in subsections (1), (2) and (6) are liabili- Fund
ties of the Fund on and after that date and, as of that date,
the accounts cease to exist in the Consolidated Revenue Fund.
(8) During the period from the 31st day of December, 1989 J^^p^I^^^
to the 30th day of June, 1990, the Treasurer may establish aphorized
outside the ConsoUdated Revenue Fund an account or
accounts for such temporary period as the Treasurer considers
advisable to facilitate the orderly transfer to the Board of the
assets of the Fund and the administration of the Plan.
c. 419
Bill 36
PUBLIC SERVICE PENSION
1989
Debentures (9) Por the purpose of subsection (6), the Treasurer may,
on behalf of Ontario, issue to the Fund debentures of Ontario
in such amounts, upon such terms as to the payment of princi-
pal and interest, maturing at such time or times and either
with or without the privilege of prepayment of the whole or
any part of the principal amount of any such debenture as
will, in the opinion of the Treasurer, meet the requirements of
this section, and any debenture may provide that it is not
assignable or transferrable.
Investments
authorized
1987, c. 35
(10) Despite the Pension Benefits Act, 1987 and regulations
thereunder, the receipt and holding by the Board of deben-
tures issued under this section shall not be considered impru-
dent or unreasonable or contrary to that Act and regulations
thereunder, and the nature, amount and terms of the deben-
tures may be taken into account by the Board and any com-
mittee of the Board in determining future investments of the
assets of the Plan.
Application (n) Scction 82 of the Pension Benefits Act, 1987 does not
1987, c. 35 apply to the transfers described in this section.
Initial
unfunded
liability
8. — (1) In this section and in sections 9 and 10 and sub-
section 11 (3),
"actuarial gain" and "actuarial loss" mean, respectively, the
sum, if positive, or the sum, if negative, of,
(a) the gain to the Plan during the period since the
review date of the immediately preceding going
concern valuation resulting from the difference
between actual experience and the experience
expected by the actuarial assumptions on which that
valuation was based,
(b) the amount by which the going concern liabilities
decrease as a result of an amendment to the Plan,
and
(c) the amount by which the going concern liabilities
decrease or the going concern assets increase as a
result of a change in actuarial methods or assump-
tions upon which the current going concern valua-
tion is based, as of the review date for a going con-
cern valuation,
but clause (a), (b) or (c) or any combination thereof shall
be counted as a negative in the calculation of the sum if,
1989 PUBLIC SERVICE PENSION Bill 36
(d) the experience of the Plan results in a loss rather
than a gain,
(e) an amendment increases the going concern liabili-
ties, or
(f) a change in actuarial methods or assumptions
results in an increase in going concern liabilities or a
decrease in going concern assets, as the case may
be;
"going concern assets" means the value of the assets of the
Plan, including accrued and receivable income and the
present value of future contributions and investment
income, determined on the basis of a going concern
valuation;
"going concern liabilities" means the present value of the
expenses of the Plan and the accrued and unaccrued bene-
fits of the Plan determined on the basis of a going concern
valuation;
"going concern unfunded actuarial liability" means the excess
of going concern liabilities over going concern assets;
"going concern valuation" means a valuation of assets and lia-
bilities of the Plan using methods and actuarial assumptions
considered by the actuary who valued the Plan to be in
accordance with generally accepted actuarial principles and
practices for the valuation of a continuing pension plan;
"initial valuation" means the going concern valuation of the
Plan as at the 1st day of January, 1990 required by section
10;
"past service unfunded actuarial Hability" means the amount
of going concern unfunded actuarial liability that results
from the provision of benefits with respect to prior employ-
ment for which no benefit was provided at the time of the
employment or from an amendment to the Plan that pro-
vides benefits for employment prior to the date of the
amendment if the employment had not previously been rec-
ognized for purposes of the provision of pension benefits;
"review date" means the last date of the period under review
in a report required under the Pension Benefits Act, 1987 or
regulations thereunder;
"solvency assets" means the sum determined in accordance
with subsections (2) and (3) of.
1987, c. 35
Bill 36 PUBLIC SERVICE PENSION 1989
(a) the market value of investments held by the Plan or
a value related to the market value by means of an
averaging method that stabilizes short-term fluctua-
tions of the market values over a period of not
more than five years, plus any cash balances and
accrued or receivable income items established
before the 1st day of January, 1988,
(b) the present value of any special payments required
to liquidate any past service unfunded actuarial lia-
bility established on or after the 1st day of January,
1988,
(c) the present value of any special payments other
than those referred to in clause (b) established on
or after the 1st day of January, 1988 that are sched-
uled for payment within five years after the review
date, and
(d) the present value of future special payments result-^
ing from the initial valuation;
"solvency deficiency" means the excess of the solvency liabili-
ties over the solvency assets;
"solvency gain" means the sum, if positive, of,
(a) the gain to the Plan during the period since the
review date of the immediately preceding valuation
of solvency assets and solvency habilities resulting
from the difference between actual experience and
the experience expected by the actuarial assump-
tions on which that valuation was based, and
(b) the amount by which the solvency habilities
decrease or the solvency assets increase during the
period since the review date of the immediately pre-
ceding valuation of solvency assets and solvency lia-
bilities as a result of a change in the actuarial meth-
ods or assumptions upon which the current
valuation of solvency assets and solvency liabilities
is based,
but either of clause (a) or (b) shall be counted as a negative
in the calculation of the sum if the experience of the Plan
results in a loss rather than a gain or if a change in actuarial
methods or assumptions results in an increase in solvency
liabilities or a decrease in solvency assets, as the case may
be;
1989
PUBLIC SERVICE PENSION
Bill 36
"solvency liabilities" means an amount that is not less than
the liabilities of the Plan determined as if the Plan had
been wound up, taking into account Habilities for the
adjustment for inflation under the Plan and the require-
ments of section 75 of the Pension Benefits Act, 1987.
1987, c. 35
(2) The present values referred to in clauses (b), (c) and Present
(d) of the definition of "solvency assets" shall be determined Sivency^
on the basis of the assumed interest rate used in determining assets
whether there is a solvency deficiency.
(3) In calculating the solvency assets, if there is no market if "o market
value for an investment of the Plan and the investment is ^^"^
issued or guaranteed by a government, the book value of the
investment may be used instead of market value.
(4) The provisions of this section and of sections 9, 10 and Conflicting
11 prevail over any conflicting provisions of the Pension Bene- p™^'^'°"*
fits Act, 1987 or of a regulation made under that Act.
9, — (1) For each month in the period commencing with interim
the 1st day of January, 1990 and ending with the last day of ESS °
the month in which the initial valuation is approved by the liability
Pension Commission of Ontario, the Treasurer shall pay to
the Fund from the Consolidated Revenue Fund the amount
shown for that month in Schedule 2.
(2) The Treasurer may, with the appropriate adjustment Prepayment
for interest, at any time prepay one or more of the outstand-
ing payments shown in Schedule 2.
(3) Payments made under subsection (1) or (2) shall be Application
credited against any special payments that are to be made in payments
the same period to liquidate a going concern unfunded actuar-
ial liability disclosed by the initial valuation, and any amount
by which the payments made under those subsections are less
than the special payments for that period as a result of the ini-
tial valuation shall be paid by the Treasurer to the Fund from
the Consolidated Revenue Fund within fifteen months follow-
ing the month when the initial valuation is approved by the
Pension Commission of Ontario.
10. — (1) As soon as practicable after the 31st day of ^^iJj^Jj^j^
December, 1989, the Board shall cause to be prepared a going "^"^ ''"^
concern valuation of the Plan as at the 1st day of January,
1990, and the valuation shall include the adjustment of pen-
sions for inflation under the Plan.
(2) The initial valuation shall,
Idem
10
Bill 36
PUBLIC SERVICE PENSION
1989
Liability
liquidated
(a) comply with this section and section 11;
(b) be delivered by the actuary to the Board and to the
Minister and the Treasurer, and shall be filed with
the Pension Commission of Ontario by the Board
only after the Minister and the Treasurer have
approved in writing the initial valuation; and
(c) for all purposes of the Plan determine the going
concern unfunded actuarial hability or surplus of
the Plan as at the 1st day of January, 1990.
(3) Any going concern unfunded actuarial liabiUty disclosed
by the initial valuation shall be liquidated by a series of special
payments from the Consolidated Revenue Fund to be made
over the forty years commencing on the 1st day of January,
1990.
Calculation
of special
payments
Present value
of special
payments
Schedule of
payments
(4) Each special payment mentioned in subsection (3) shall
be calculated as a constant percentage of the projected future
earnings from employment used to calculate pension benefits
during the forty years commencing on the 1st day of January,
1990 of all persons who are members of the Plan on that date
and of those who are expected to join the Plan during those
forty years.
(5) The present value, as at the 1st day of January, 1990, of
the full series of special payments shall equal the amount of
the going concern unfunded actuarial liability to be liquidated.
(6) The actuary shall prepare and submit with the initial
valuation a schedule showing the dollar amount of each spe-
cial payment in the first six years of the series and the formula
by which the dollar amount of the remaining special payments
in the series is determined.
Prepayments
and
additional
payments
(7) The Treasurer may, at any time, prepay a part or all of
any outstanding special payments or may make additional
payments to the Fund to be applied, with appropriate adjust-
ments for interest, as the Treasurer shall direct to reduce the
going concern unfunded actuarial liability disclosed by the ini-
tial valuation, and every such payment may be paid out of the
Consolidated Revenue Fund.
Consistent
assumptions
(8) Subject to subsection (4),
(a) the projected future earnings from employment
used to calculate pension benefits shall be deter-
mined using actuarial assumptions consistent with
those made in the initial valuation;
1989 PUBLIC SERVICE PENSION Bill 36 11
(b) the present value of the series of special payments
shall be determined using the interest rate used in
the initial valuation; and
(c) all other actuarial assumptions made in the determi-
nation of the series of special payments shall be, so
far as possible, consistent with actuarial assumptions
made in the initial valuation.
valuations
11. — (1) A going concern valuation of the Plan made after Subsequent
the initial valuation shall include the present value of the out-
standing special payments calculated under section 10 that
remain to be made to liquidate the going concern unfunded
actuarial liability disclosed by the initial valuation, and the
actuary shall prepare and submit with the valuation a schedule
showing the amount, determined from the formula mentioned
in subsection 10 (6), of each remaining special payment for
the next six years or for the period of time for which special
payments remain to be made, whichever is shorter.
of actuarial
gain
(2) Any actuarial gain disclosed by a going concern valua- Application
tion made after the initial valuation shall be applied in the fol '
lowing order and manner:
1. The amount of the gain shall first be applied to
reduce, and to eliminate if possible, the payments
required to liquidate any unamortized balance of a
solvency deficiency disclosed by the initial valuation
or a subsequent valuation.
2. When no solvency deficiency remains, the amount
of the gain shall be applied to reduce, and to elimi-
nate if possible, a going concern unfunded actuarial
liability disclosed by a valuation after the initial
valuation.
3. When no other going concern unfunded actuarial
liability remains, the amount of the gain shall be
applied to reduce, and to eliminate if possible, the
unliquidated amount of the going concern unfunded
actuarial liability disclosed by the initial valuation.
(3) In determining any solvency gain or solvency deficiency ^P^^gJ^j^ ^
of the Plan, solvency assets shall include the present value of ^oivoicy^ ^
future special payments resulting from the initial valuation. asset
(4) When the special payments made as a result of the ini- when special
^ D3vnicnts
tial valuation, the prepayments and additional payments made cease
under subsection 10 (7), and the actuarial gains applied under
paragraph 3 of subsection (2) have liquidated the going con-
12
Bill 36
PUBLIC SERVICE PENSION
1989
cern unfunded actuarial liability disclosed by the initial valua-
tion, no further special payments shall be made, notwithstand-
ing that the period of forty years used in the initial valuation
has not then expired.
Minister to
approve
valuation
(5) No valuation of the Plan after the initial valuation shall
be filed by the Board with the Pension Commission of
Ontario, unless the valuation has been approved in writing by
the Minister.
Payment of
pensions
under other
Acts
R.S.O. 1980,
cc. 419, 490
12. Every allowance, annuity, deferred annuity or other
payment under the Public Service Superannuation Act or a
predecessor Act or under the Superannuation Adjustment
Benefits Act, including any payment authorized to be made
from the Consolidated Revenue Fund, that, before the 1st day
of January, 1990, a person is receiving, is entitled to receive,
or is entitled to receive with the payment thereof deferred
until the year 1990 or later, shall be paid out of the Fund in
accordance with the Act under which entitlement to the pay-
ment arose.
Expiry of
appointments
13. On the 31st day of December, 1989, the term of
appointment of any person under the Public Service Superan-
nuation Act as a member of the Public Service Superannuation
Board expires.
Continued
application
14. — (1) The Public Service Superannuation Act, as it read
on the 31st day of December, 1989, continues to apply to the
computation or payment of every allowance, annuity, defer-
red annuity or payment to the payment of which a person has
become entitled under that Act prior to that date, and contin-
ues to apply in respect of every person who, within the mean-
ing of that Act, has ceased to be a contributor before that
date and is entitled to a deferred annuity under that Act.
Exception
for re-
employment
(2) A person who is re-employed in the service of the
Crown or who becomes a member of the Plan, on or after the
1st day of January, 1990, for a prescribed period of time and
in prescribed circumstances, terms or conditions, and who is
required by, or entitled under, the Plan to contribute to the
Fund in respect of such re-employment, may participate in the
Plan to the extent prescribed with respect to the computation
or payment of a pension or other payment and subsection (1)
does not apply in the circumstances.
Regulations (3) fhe Lieutenant Governor in Council may make regu-
lations prescribing a period or periods of time and prescribing
circumstances, terms or conditions and the extent of participa-
tion in the Plan for the purpose of subsection (2).
1989 PUBLIC SERVICE PENSION Bill 36 13
15. The provisions of the Superannuation Adjustment Ben- R so. 1980,
efits Act relating to the payment of, or contribution for, fotppiy^^^^^
adjustment benefits or any other benefit described in that Act
in respect of any allowance, annuity, deferred annuity or
other payment arising under the Public Service Superannua- R s.o. i980,
tion Act cease to apply on and after the 1st day of January, ^' ^^'^
1990.
16. The following are repealed on the 1st day of January, Repeals
1990:
1. The Public Service Superannuation Act, being chap-
ter 419 of the Revised Statutes of Ontario, 1980.
2. Item 13 of the Schedule to the Revised Statutes
Amendment Act, 1981, being chapter 66.
3. The Public Service Superannuation Amendment Act,
1983, being chapter 44.
4. Section 3 of the Provincial Judges and Masters Stat-
ute Law Amendment Act, 1983, being chapter 78.
5. The Public Service Superannuation Amendment Act,
1984, being chapter 22.
6. Section 74 of the Family Law Act, 1986, being chap-
ter 4.
7. The Public Service Superannuation Amendment Act,
1986, being chapter 12.
8. Section 60 of the Equality Rights Statute Law
Amendment Act, 1986, being chapter 64.
17. This Act comes into force on the 31st day of Decern- commence-
ber, 1989.
18. The short title of this Act is the Public Service Pension short title
Act, 1989.
14 Bill 36 PUBLIC SERVICE PENSION 1989
SCHEDULE 1
PUBLIC SERVICE PENSION PLAN
Definitions 1. In this Schedule,
"actuary" means a Fellow of the Canadian Institute of Actuaries;
"annual salary rate" means the hourly, weekly or other rate at which a per-
son's salary is paid expressed as an annual salary according to such con-
sistently applied formula as the Board considers appropriate having
regard to the hours regularly worked by a full-time employee in the
position occupied by the person for whom the annual salary rate is
determined or in a comparable position;
"average annual salary" means the average of the member's annual salary
rate in each month of the period of sixty consecutive months of mem-
bership in the Plan that produces the highest average, but if the member
does not have a period of sixty consecutive months of membership in
the Plan, "average annual salary" means the average of the member's
annual salary rate in each month of the member's longest period of con-
secutive months of membership in the Plan;
"average year's maximum pensionable earnings", with respect to any mem-
ber, means the average of the Year's Maximum Pensionable Earnings
R.S.C. 1985, under the Canada Pension Plan for the year in which the member ceases
c. C-8 to be a member of the Plan and for each of the two preceding years;
"Board" means the Public Service Pension Board referred to in this Sched-
ule;
1986, c. 4 "child" has the same meaning as in the Family Law Act, 1986;
"continuous", in relation to employment, membership or service, means
without regard to periods of temporary suspension of the employment,
membership or service, and without regard to periods of lay-off from
employment;
"credit", when used in reference to credit in the Plan, means the total
period of time, calculated in years of full-time employment, for which
contributions are made to the Fund on behalf of the member or for
which a member is employed and for which contributions to the Fund
have been made, and where the member's employment is less than full-
time employment, credit shall be given on the basis of the proportion of
full-time employment represented by the member's employment for
which contributions are made to the Fund;
"Crown" means the Crown in right of Ontario;
"employer" means the Crown and an agency, board, commission, founda-
tion or organization designated by order of the Lieutenant Governor in
Council as an employer for the purpose of the Plan;
"former member" means a person who has ceased to hold a position, office
or designation that entitles the person to be a member of the Plan, and
who,
(a) is entitled, either immediately or at a future time, to payment of
a pension under the Plan, or
(b) is entitled to receive any other payment under the Plan;
1989 PUBLIC SERVICE PENSION Bill 36 15
"Fund" means the Public Service Pension Fund;
"member" means a person,
(a) who is required to join the Plan,
(b) who is designated for the purpose of section 9 of the Plan, or
(c) who is not required to join the Plan, but is entitled to join the
Plan and has elected to do so,
but does not include a former member;
"Minister" means the Chairman of the Management Board of Cabinet;
"pension" means a pension benefit that is being paid to a person under the
Plan;
"pension benefit" means the aggregate monthly, annual or other periodic
amounts, if any, to which a member will become entitled under the Plan
on or after ceasing to be a member or to which any other person will
become entitled under the Plan upon the death of a member or former
member;
"Plan" means the Public Service Pension Plan set out in this Schedule;
"salary", in relation to a member, means the amount of money payable to
a member and computed by reference to the hours, days, weeks or
other specific periods of time for which the member is employed, but
does not include overtime pay or any payment to the member in lieu of
a benefit provided by the employer or any payment determined by the
Board not to be part of a member's salary;
"spouse" means either of a man and woman who,
(a) are married to each other, or
(b) are not married to each other and are living together in a conju-
gal relationship,
(i) continuously for a period of not less than three years, or
(ii) in a relationship of some permanence, if they are the natu-
ral or adoptive parents, as defined in the Family Law Act, 1986, c. 4
1986, of a child;
"Treasurer" means the Treasurer of Ontario and Minister of Economics.
2. — (1) The following persons and classes of persons who have not Plan
attained sixty-five years of age are members of the Plan: members
1. Persons who are civil servants within the meaning of the Public R.S.O. 1980,
Service Act. c. 418
2. Employees of any agency, board, commission, foundation or organiza-
tion that is established under an Act of the Legislature and that is
designated by order of the Lieutenant Governor in Council as one
whose employees are required to be members of the Plan.
3. Persons employed in the Office of the Provincial Auditor.
16
Bill 36
PUBLIC SERVICE PENSION
1989
R.S.O. 1980,
c. 419
Persons required by any Act of the Legislature to be members of this
Plan or the pension plan established by the Public Service Superannu-
ation Act or a predecessor Act.
5. Any person employed in a capacity or position that is designated by
order of the Lieutenant Governor in Council as requiring the
employee to be a member of the Plan.
Elective (2) Persons to whom subsection (1) does not apply and who are
membership employed,
R.S.O. 1980,
c. 418
(a) by the Crown under the Public Service Act;
(b) by an agency, board, commission, foundation or organization desig-
nated by order of the Lieutenant Governor in Council as one whose
employees may be members of the Plan; or
(c) by an agency, board, commission, foundation or organization the per-
manent and full-time probationary staff of which are by any Act
required to be members of the Plan,
are entitled to be members of the Plan upon filing with the Board a written
election to be a member, and after fulfilling any conditions specified in the
order mentioned in clause (b).
Idem
Termination
of
membership
R.S.C. 1952,
c. 148
Persons not
entitled to be
members
R.S.C. 1985,
c. C-8
(3) A person appointed by the Lieutenant Governor in Council to
membership on an agency, board, commission, foundation or organization
is, when the appointment so permits or the position has been designated by
the Lieutenant Governor in Council for the purpose of this subsection, enti-
tled to be a member of the Plan upon filing with the Board a written elec-
tion to be a member, and after fulfilling any conditions specified in the
appointment or designation.
3. A member ceases to be a member of the Plan upon termination by
death or otherwise of the employment, office or circumstances that required
or entitled him or her to be a member of the Plan or upon attaining the
maximum age for contributors to a pension fund or plan specified under the
provisions of the Income Tax Act (Canada) and regulations made there-
under for the registration under that Act of a pension fund or plan.
4. A person is not entitled to be a member of the Plan if the person,
(a) is a member of, or a contributor to, a pension plan to which the
Crown contributes other than this Plan or the Canada Pension Plan;
or
Contributions
to and
payments
from Fund
(b) has attained the maximum age for contributors to a pension fund or
plan specified under the provisions of the Income Tax Act (Canada)
and regulations made thereunder for the registration under that Act
of a pension fund or plan.
5. — (1) Subject to section 7, contributions required to be made under
this Plan by the Crown or by any member, including interest required to be
paid to the Fund, shall be paid into the Fund, and any payment required by
the Plan to be made to any person shall be made out of the Fund, and all
moneys not required to be paid out shall be invested to meet the obliga-
tions and liabilities of the Plan.
Fiscal year (2) The fiscal year of the Plan is the twelve-month period commencing
on the 1st day of January in each year.
1989
PUBLIC SERVICE PENSION
Bill 36
17
6. — (1) Subject to subsection (5), every member shall contribute to the Contributions
Fund from the salary paid to the member for the calendar year, by members
R.S.C. 1985,
c. C-8
(a) 8 per cent of the amount of salary that does not exceed the Year's
Basic Exemption as prescribed by the Canada Pension Plan;
(b) 6.2 per cent of the amount of salary that exceeds the Year's Basic
Exemption and does not exceed the Year's Maximum Pensionable
Earnings as prescribed by the Canada Pension Plan; and
(c) 8 per cent of the amount of salary in excess of the Year's Maximum
Pensionable Earnings as prescribed by the Canada Pension Plan.
(2) In addition to the contribution required by subsection (1), every Additional
member employed in the Ontario Provincial Police Force shall contribute to contribution
the Fund an amount equal to 2 per cent of the salary paid to him or her for
the calendar year.
(3) The contributions to be made by a member to the Fund shall be Deduction of
deducted from the member's salary by the person who pays the member's contributions
salary, and shall be paid to the credit of the Fund within fifteen days from
the date the contribution was deducted or within such longer time as the
Board authorizes in writing.
(4) A member shall be given credit in the Plan for the time in respect Credit for
of which contributions to the Fund are made by or on behalf of the contributions
member.
(5) A member may cease to contribute to the Fund on or after attain-
ing sixty-five years of age.
When no
contribution
required
(6) Interest calculated as determined by the Board shall be credited to Interest
each member in each year of the Plan on the amount of contributions,
including interest previously credited to the member, standing to the
member's credit in the Fund.
7. — (1) Unless otherwise expressly stated in the Plan, for each month Contributions
the employer shall pay into the Fund an amount equal to the amount of by employer
contributions paid into the Fund by or on behalf of members in that month.
(2) If the salary of members who are contributing to the Fund is paid Special funds
by a board, commission, foundation, agency, branch or division that has a
special fund or appropriation designated or granted by the Lieutenant Gov-
ernor in Council or the Assembly for the payment of the employer's contri-
butions under the Plan, contributions required to be made by the employer
shall be made from that fund or appropriation in accordance with such for-
mula as may be determined by the Minister for the purpose.
employer
contributions
(3) Any amount in the Fund that is indicated by an actuarial valuation Surplus may
for the purpose of the Plan to be surplus to the requirements of the Plan reduce
while it continues in existence may, at the direction of the Minister, be
applied to the payment of the contributions to be made by the employer
under subsection (1) for so long as there is no going concern unfunded actu-
arial liability or solvency deficiency, as defined in subsection 8 (1) of this
Act, in the Plan.
(4) Any amount in the Fund that is indicated by an actuarial valuation Surplus
for the purpose of the Plan to be surplus to the requirements of the Plan
while it continues in existence or upon its wind up may, to the extent per-
mitted by the Pension Benefits Act, 1987, be withdrawn by the employer 1987, c. 35
from the Fund.
18
Bill 36
PUBLIC SERVICE PENSION
1989
Deficiency
Limitation
Unfunded
liabilities
Leave of
absence with
pay
Leave of
absence
without pay
(5) If in any year the amount of cash and assets capable of sale in the
Fund is insufficient to meet the payments out of the Fund in the year after
the sale of the assets capable of sale, the Treasurer shall pay from the
Consolidated Revenue Fund an amount sufficient to make up the deficien-
cy.
(6) Subsection (5) ceases to apply if an agreement mentioned in sub-
section 6 (5) of this Act is in force.
(7) Subject to this Act, the employer shall pay into the Fund the
amount indicated in an actuarial valuation to be required to meet any
unfunded liabilities of the Plan.
8. — (1) If a member has been granted a leave of absence from employ-
ment and continues to receive a part or all of his or her salary during the
leave, the member shall make the contributions required by section 6.
(2) If a member is granted a leave of absence from employment and
receives no salary during the leave, no credit shall be given to the member
in the Plan for the period of the leave of absence unless the member contri-
butes to the Fund in accordance with section 11.
Continued
membership
on release
from
employment
Contributions
Long term
income
protection
R.S.O. 1980,
c. 418
Contribution
on behalf of
disabled
member
Amount
Part-time
employment
9. — (1) A member who is released from employment and who is desig-
nated by the Lieutenant Governor in Council for the purpose of this section
continues to be entitled to contribute to the Fund in accordance with this
section until the end of the month in which the member becomes eligible
for a pension under section 15, or until the expiration of five years from the
member's release from employment, whichever first occurs.
(2) Contributions by or on behalf of a member mentioned in subsection
(1) shall be made on the basis of the member's annual salary rate immedi-
ately before the member was released from employment.
10. — (1) In this section, "long term income protection plan" means the
Long Term Income Protection Plan from time to time applicable to mem-
bers who are public servants, as defined in the Public Service Act, to miti-
gate the loss of income resulting from a lengthy disability, and includes any
plan that applies to members who are not public servants if the Board con-
siders the plan to be substantially similar to the Long Term Income Protec-
tion Plan applicable to public servants.
(2) If a member qualifies for a benefit under a long term income pro-
tection plan as a result of a disability incurred on or after the 1st day of
July, 1974, the employer that employed the member on the date when the
member qualified for the benefit shall, subject to subsection (6), contribute
to the Fund on behalf of the member the amounts set out in subsections
(3), (4) and (5) while the member continues to quahfy for the benefit.
(3) Subject to subsection (4), the contributions mentioned in subsection
(2) shall be calculated in accordance with section 6 and paid on the annual
salary rate of the member immediately before the disability was incurred in
respect of which he or she qualifies for a benefit.
(4) If the member mentioned in subsection (2) was, in the opinion of
the Board, employed on a part-time basis in the month before the disability
was incurred, the contributions mentioned in subsection (2) shall be calcu-
lated in accordance with section 6 and paid only for that part of each month
in which the member continues to qualify for the benefit that is equal to the
ratio that, in the twelve months ending on the last day of the month imme-
diately preceding the month when the disability was incurred, the member's
part-time employment is of full-time employment in the position occupied
by the member or in a comparable position.
1989
PUBLIC SERVICE PENSION
Bill 36
19
(5) The annual salary rate on which contributions under this section are
based shall be increased in each year following the year in which the mem-
ber first qualified for a benefit by the same percentage as would be applic-
able if the annual salary rate of the member immediately before the cessa-
tion of employment as a result of disability were increased in each
subsequent year during which the member remains entitled to benefits
under the Long Term Income Protection Plan in the same manner as an
adjusted pension is increased in each year by the adjustment for inflation
under section 24.
Increased
contribution
(6) Subsections (2), (3), (4) and (5) continue to apply whether or not
the member is in receipt of the benefit under the Long Term Income Pro-
tection Plan, but those subsections cease to apply when the member ceases
to be a member, accrues thirty-five years of credit in the Plan or attains
sixty- five years of age, whichever first occurs.
(7) A person on whose behalf contributions are made under subsection
(2) continues to be a member of the Plan and to accrue credit in the Plan
for the time in respect of which contributions are made on his or her behalf
under this section.
When
contributions
cease
Continued
membership
(8) The annual salary rate on which contributions are based under this Average
section shall be included in the computation of the average annual salary of annual salary
a member on whose behalf contributions are made under this section.
11. — (1) On such terms and conditions as are fixed by the Board, a Prior service
member may purchase credit in the Plan, with the
Crown, etc.
(a) for a period of active service during World War II or the Korean War
in His or Her Majesty's naval, army or air forces, in the Canadian or
British merchant marine, or in any naval, army or air force that was
allied with His or Her Majesty's forces and that is designated by
order of the Lieutenant Governor in Council;
R.S.C. 1952,
c. 148
(b) for a period of service with the Crown for which the member has no
credit in the Plan and no claim for pension benefits from the Plan;
(c) for a period of service with an employer, other than the Crown, that
is prior to the member's becoming a member if,
(i) the other employer's plan is or was a pension plan registered
under the Income Tax Act (Canada), and
(ii) the period for which credit was given in the other plan is
reduced by the period for which credit is purchased so that
credit in the Plan is not given for any part of the period for
which credit is retained in the other plan;
(d) for a leave of absence without pay for more than one month for spe-
cial or educational purposes; or
(e) for a leave of absence without pay for more than one month because
of illness, pregnancy or adoption of a child.
(2) To purchase credit referred to in clause (1) (c), a member shall pay Payment
to the Fund the amount determined by the Board on the recommendation
of the actuary to be equal to the actuarial value of the benefits to which the
member will become entitled on obtaining the credit.
(3) To purchase the credit referred to in clause (1) (b) or (e), a mem- Idem
ber shall pay to the Fund an amount equal to the product of.
20
Bill 36
PUBLIC SERVICE PENSION
1989
(a) the annual salary rate of the member on the date when the member's
written application containing all information required by the Board
for the purchase of the credit is received by the Board;
(b) the contribution rates determined under subsection 6 (1); and
(c) the length in years of the period of prior service for which credit is
purchased.
Idem (4) To purchase credit referred to in clause (1) (a) or (d), a member
shall pay to the Fund an amount equal to the product of,
(a) the annual salary rate of the member on the date when the member's
written application containing all information required by the Board
for the purchase of the credit is received by the Board;
(b) twice the contribution rates determined under subsection 6 (1); and
(c) the length in years of the period of prior service for which credit is
purchased.
Limitation (5) Any credit referred to in subsection (1) may be purchased only if
application therefor is made to the Board in writing within twenty-four
months after the latest of,
(a) the day on which the member for whom credit is to be purchased
became a member of the Plan;
(b) the last day of the most recent continuous period for which credit is
being purchased; and
(c) the 31st day of December, 1989.
Transfer
agreements
Instalments
Matching
payments not
required
Contribution,
salary and
service
record
Refunds
before
twenty-four
months
membership
(6) Despite subsections (2) and (3), where the Minister has entered into
a written agreement for the transfer to the Plan of credit for a member's
service with an employer to whom the Plan does not extend, the member
shall pay or cause to be paid into the Fund the amount provided for in the
agreement for the purchase of the credit that is being transferred.
(7) If the amount payable by a member to purchase credit under this
section exceeds $500, the amount may be paid in such number of instal-
ments of principal and interest over a period of not more than five years as
the Board permits in accordance with terms and conditions established for
instalment payments and for the completion of payment on the death or
retirement from employment of the member.
(8) The employer is not required to pay to the Fund an amount equal
to a payment made by any person under subsection (2), (4) or (6).
12. The Board shall cause a record to be kept of each member's contri-
butions to the Fund, of the total period of service for which a member has
credit in the Plan, and of the annual salary rates of each member while a
member and of all other information necessary for the administrative,
actuarial and financial requirements of the Plan.
13. — (1) A member who has not attained sixty-five years of age and
who ceases to be a member of the Plan before completing a continuous
period of twenty-four months of membership and with credit in the Plan of
less than two years is entitled to the refund provided by either or both of
subsections (11) and (12), as the case requires.
1989
PUBLIC SERVICE PENSION
Bill 36
21
(2) A member who has not attained sixty-five years of age and who
ceases to be a member of the Plan after completing a continuous period of
twenty-four months of membership or with two or more years of credit in
the Plan and before completing ten years of continuous membership and
with credit in the Plan for less than ten years is entitled to the refund pro-
vided by subsection (11).
(3) A member who, for reasons other than the member's death or disa-
bility, ceases to be a member of the Plan before attaining forty-five years of
age and after completing a continuous period of ten or more years of mem-
bership or with ten or more years of credit in the Plan is entitled to the
refund provided by subsection (11) if the member does not elect a deferred
pension in respect of his or her credit in the Plan for service or membership
prior to the 1st day of January, 1987.
(4) A member who has attained sixty-five years of age and who ceases
to be a member of the Plan before completing a continuous period of
twenty-four months of membership and with credit in the Plan of less than
two years is entitled to the refund provided by either or both of subsections
(11) and (12), as the case requires, and to the payment provided by sub-
section (13).
(5) A member who has attained sixty-five years of age and who ceases
to be a member of the Plan after completing a continuous period of twenty-
four months of membership or with two or more years of credit in the Plan
and before completing ten years of continuous membership and with credit
in the Plan for less than ten years is entitled to the refund provided by sub-
section (11) and to the payment provided by subsection (13).
(6) When the cessation of membership referred to in subsection (1),
(2), (4) or (5) occurs because of the death of the member, and the member
is not survived by a child or children under eighteen years of age or by a
spouse from whom the member is not living separate and apart at the mem-
ber's death, the refund mentioned in those subsections, but not a payment
described in subsection (13), shall be paid to the member's estate.
(7) If a member dies while a member of the Plan and after completing
a continuous period of ten or more years of membership or with ten or
more years of credit in the Plan and, if the member is not survived by a
child or children under eighteen years of age or by a spouse from whom the
member is not living separate and apart at the member's death, the mem-
ber's estate is entitled to be paid the refund provided by subsection (11).
(8) Despite subsections (1), (2), (4) and (5), if the cessation of mem-
bership referred to in those subsections occurs because of the death of the
member, and the member is survived by a child or children under eighteen
years of age or by a spouse from whom the member is not living separate
and apart, the spouse, or if there is no such spouse surviving, the child or
children under eighteen years of age is or are, as the case requires, entitled,
(a) if the death is a cessation of membership referred to in subsection (1)
or (4), to the refund provided by either or both of subsections (11)
and (12) and to the payment provided by subsection (13); or
(b) if the death is a cessation of membership referred to in subsection (2)
or (5), to the refund provided by subsection (11) and to the payment
provided by subsection (13).
(9) The amount, if any, by which the total of contributions made to the
Fund by or on behalf of a member and the interest credited to the member
under subsection 6 (6) exceeds the total payments made from the Fund to
the member, to the member's spouse from whom the member is not living
Refund
before ten
years
membership
Refund
before age
forty-five
Refund after
age sixty-five
Idem
Refund on
death where
no survivor
Idem
Refund on
death to
survivor
Refund when
contributions
exceed
pension
22
Bill 36
PUBLIC SERVICE PENSION
1989
Refund for
disabled
member
Pre-1987
service
refund
Post-1986
service
refund
Additional
payment
separate and apart at the member's death and to the member's child or
children under eighteen years of age at the member's death shall be paid to
the member's estate.
(10) Despite subsections (1), (2), (4) and (5), a member with credit in
the Plan for less than ten years and with less than ten years of continuous
membership in the Plan who ceases to be a member because of a mental or
physical incapacity that is found by the Board to have rendered the member
unable to perform his or her duties is entitled to be paid from the Fund the
amount, if any, by which,
(a) the aggregate of such of the amounts mentioned in subsections (11)
and (12) as are applicable and of the additional amount mentioned in
subsection (13),
exceeds,
(b) the aggregate of the amount of the commuted value of any pension
benefit for which the member is eligible and the amount of any
refund to which the member is entitled under subsection (14).
(11) A person entitled to a refund provided by this subsection is enti-
tled to be paid from the Fund an amount equal to the total of the contribu-
tions made to the Fund by or on behalf of the member in respect of
employment or service for any period before the 1st day of January, 1987,
together with interest credited to the member under subsection 6 (6).
(12) A person entitled to a refund provided by this subsection is enti-
tled to be paid from the Fund an amount equal to the total of the contribu-
tions made to the Fund by or on behalf of the member in respect of
employment or service for any period after the 31st day of December, 1986,
together with interest credited to the member under subsection 6 (6).
(13) A person entitled to a payment provided by this subsection is enti-
tled to be paid from the Fund an additional amount equal to,
(a) the amount of a refund to which the person is also entitled under
either or both of subsections (11) and (12),
less.
50 per cent
rule
(b) any portion of the amount of the refund that is attributable to a pay-
ment made by the person under subsection 11 (2), (4) or (6) and
interest credited to the member in respect thereof.
(14) The amount by which the total of the contributions, other than
contributions made under subsection 11 (2), (4) or (6), made to the Fund
by or on behalf of a member in respect of employment or service for any
period after the 31st day of December, 1986 and the interest credited to the
member under subsection 6 (6) exceeds one-half of the commuted value,
excluding credit in the Plan for contributions made under subsection 11 (2),
(4) or (6), of the pension or deferred pension in respect of that employment
or service to which the member is entitled upon ceasing to be a member
shall be refunded to the former member.
Lump sum
payments
Credit
reduced
(15) A payment or refund to be made under this section shall be paid
in a lump sum payment.
(16) A refund made under this section, other than subsection (14),
reduces the member's or former member's credit in the Plan by the period
of time in respect of which the refund is calculated.
1989
PUBLIC SERVICE PENSION
Bill 36
23
Disability
pension
Review by
Board
(17) For the purpose of subsections (6), (7), (8) and (9), a child shall Interpretation
not be deemed to have attained eighteen years of age if the child would
not, for the purpose of section 23, be deemed to have attained that age.
14. — (1) Every member with ten or more years of credit or with ten or
more years of continuous membership in the Plan who is found by the
Board to be unable to perform his or her duties by reason of mental or
physical incapacity is entitled to a disability pension under this section upon
applying therefor to the Board and upon resigning from employment.
(2) The Board may at any time review the case of any former member
to whom a pension under subsection (1) is paid and, if, in the opinion of
the Board, the former member has recovered sufficiently to perform his or
her former duties, or to perform other duties in the public service, the
Board shall report the case to the Human Resources Secretariat and to the
ministry, agency or other organizational unit where the former member was
employed immediately before his or her disability, and the former member
shall be considered for re-employment.
(3) If a former member to whom a pension under this section is paid is
offered re-employment after the review referred to in subsection (2), the
former member ceases to be entitled to receive payment of any further pen-
sion under this section whether or not the offer of re-employment is
accepted.
(4) The termination of the payment of a pension under this section in
accordance with subsection (3) does not affect a former member's right to
apply for a pension for which he or she is eligible under any other provision
of the Plan.
Re-
employment
Other
pension
entitlement
not affected
Pension at
age SLXty-five
15. — (1) Every member who has twenty-four or more months of contin-
uous membership in the Plan or who has two or more years of credit in the
Plan and who ceases to be a member of the Plan on or after attaining
sixty-five years of age is entitled to a pension computed in accordance with
the Plan, except that, if the member has less than ten years of continuous
membership and has credit in the Plan for less than ten years, the pension
shall be computed only on his or her credit in the Plan for employment or
service after the 31st day of December, 1986.
(2) Every member who has at least twenty years of credit in the Plan
and who ceases to be a member of the Plan on or after attaining sixty years
of age is entitled to a pension computed in accordance with the Plan.
(3) Every member who has credit in the Plan for a period of time that,
when added to the member's age on the date the member ceases to be a
member of the Plan, totals at least ninety years is entitled to a pension
computed in accordance with the Plan.
(4) Every member who has at least thirty years of credit in the Plan,
who is a member of the Ontario Provincial Police Force when he or she
ceases to be a member of the Plan, and who ceases to be a member of the
Plan on or after attaining fifty years of age is entitled to a pension com-
puted in accordance with the Plan.
(5) Payment of a pension to which a member is entitled under this sec- Payment
tion shall commence in the month following the month when the member
ceases to be a member of the Plan.
Pension at
age sixty
Ninety-year
rule
Retirement
from O.P.P.
16. — (1) Every member who has twenty-four or more months of contin-
uous membership in the Plan or two or more years of credit in the Plan,
who ceases to be a member, and who is neither in receipt of a pension pro-
vided for in section 14 nor entitled to a pension provided for in section 15
Deferred
pension
24
Bill 36
PUBLIC SERVICE PENSION
1989
is entitled to a pension computed in accordance with the Plan, except that,
if the member has less than ten years of continuous membership and has
credit in the Plan for less than ten years, the pension shall be computed
only on his or her credit in the Plan for employment or service after the
31st day of December, 1986.
Payment of
pension
under
subs. (1)
(2) Payment of the pension provided for in subsection (1) shall com-
mence in the month following the month when the former member will
attain sixty-five years of age or, if the former member so elects in writing to
the Board, payment of the pension shall, subject to the reductions men-
tioned in section 17, commence in the month following any month that is
not earlier than the month when the former member will attain fifty-five
years of age or later than the month when the former member will attain
sixty-five years of age.
Pre- 1966
credit
(3) Every member who, on ceasing to be a member, has credit in the
Plan that is equal to a period of time commencing before the 1st day of
January, 1966 and ending with the day the member ceases to be a member,
and who is neither in receipt of a pension provided for in section 14 nor
entitled to a pension provided for in section 15, is entitled to a pension
computed in accordance with the Plan.
Payment of
pension
under
subs. (3)
(4) Payment of the pension provided for in subsection (3) shall com-
mence in the month following the month when the former member will
attain sixty years of age or, if the former member so elects in writing to the
Board, payment of the pension shall, subject to the reductions mentioned in
section 17, commence in the month following any month that is not earlier
than the month when the former member will attain fifty years of age or
later than the month when the former member will attain sixty years of age.
Revocation
of election
(5) An election made under subsection (2) or (4) may, with the
approval of the Board, be revoked by the member or former member and a
fresh election in writing to the Board may be made if the commencement of
payment therein provided for is neither earlier than the month following the
month when the fresh election is delivered to the Board nor earlier than is
permitted by subsection (2) or (4), whichever is applicable, and is not later
than the latest month permitted by subsection (2) or (4), whichever is
applicable, but no election may be revoked after payment of the pension is
due to commence.
Transfer of
commuted
value of
pension
1987, c. 35
(6) A former member who is entitled to a pension under subsection (1)
or (3) and who has not attained fifty-five years of age in the case of a pen-
sion mentioned in subsection (1) or has not attained fifty years of age in the
case of a pension mentioned in subsection (3) may require the commuted
value of the pension to be paid, subject to section 43 of the Pension
Benefits Act, 1987 and to the regulations made under that Act,
(a) to the pension fund of another pension plan that agrees to accept the
payment;
(b) into a retirement savings arrangement prescribed under the Pension
Benefits Act, 1987; or
(c) for the purchase for the former member of a deferred life annuity
under which payments will not commence before the former member
attains fifty-five years of age, if the pension the commuted value of
which is paid is mentioned in subsection (1), or fifty years of age, if
the pension the commuted value of which is paid is mentioned in sub-
section (3), and if the contract to purchase the annuity meets the
requirements prescribed under the Pension Benefits Act, 1987.
1989
PUBLIC SERVICE PENSION
Bill 36
25
17. — (1) Subject to subsections 15 (1) and 16 (1) and to the other sub- Computation
sections of this section, the annual amount of every pension payable to a of pension
former member is 2 per cent of the former member's average annual salary
multiplied by the former member's years of credit in the Plan, including any
fraction of a year, to a maximum of thirty-five years.
(2) The annual amount of pension payable to a former member who. Pension for
on ceasing to be a member, has credit in the Plan that is equal to a period pre-1966
of time commencing before the 1st day of January, 1966 and ending with '^^^^^^
the day the member ceases to be a member, who has not attained sixty-five
years of age, and while the former member is not in receipt of a disability
pension under the Canada Pension Plan shall be computed in accordance R.S.C. 1985,
with subsection (1) as though the reference to sixty consecutive months in c. C-8
determining the former member's average annual salary were a reference to
thirty-six consecutive months and shall be paid, subject to the reduction
required by subsection (5), until the former member attains sixty-five years
of age or receives a disability pension under the Canada Pension Plan, and
upon the occurrence of either of those events, the former member's pension
shall be recomputed in accordance with subsection (1) without reference to
this subsection.
(3) When a former member,
(a) who is in receipt of a pension attains sixty-five years of age or
receives a disability pension under the Canada Pension Plan; or
(b) who is not in receipt of a pension commences to receive a pension on
or after attaining sixty-five years of age,
the annual amount of the pension computed under subsection (1) shall be
reduced by the product of,
(c) 0.7 per cent of the lesser of,
(i) the former member's average annual salary, and
(ii) the former member's average year's maximum pensionable earn-
ings; and
(d) the number of years, including any fraction of a year, of the former
member's credit in the Plan for service on or after the 1st day of
January, 1966 to a maximum of thirty-five years.
(4) The annual amount of every pension provided for in subsection
16 (1) shall, after computation in accordance with subsection (1), be
reduced by five-twelfths of 1 per cent thereof for each month in the period
commencing with the first day of the month in which payment of the pen-
sion is to commence and ending with the last day of the month when the
former member will attain sixty-five years of age, and when the reduction
required by subsection (3) is calculated, the reduction required by this sub-
section applies only to the annual amount of pension payable after giving
effect to the reduction required by subsection (3) and shall, if applicable, be
recalculated on that basis.
CPP
reduction
Early
retirement
reduction
(5) The annual amount of every pension provided for in subsection Idem, pre-
16 (3) shall, after computation in accordance with subsection (2), be 1966 credit
reduced as required by the Public Service Superannuation Act, as it read on R.S.O. 1980,
the 31st day of December, 1965, and the reduction shall continue until the c. 490
former member attains sixty-five years of age or receives a disability pen-
sion under the Canada Pension Plan and, upon the occurrence of either of
those events, the former member's pension shall be recomputed in accord-
ance with subsection (1) and reduced as required by subsection (3), and the
26
Bill 36
PUBLIC SERVICE PENSION
1989
Guarantee
for pre-1966
crecUt
R.S.C. 1985,
c. C-8
R.S.O. 1980,
c. 490
Reduction
for survivor
pension
annual amount of pension payable after that reduction shall be further
reduced by five-twelfths of 1 per cent thereof for each month in the period
commencing with the first day of the month in which payment of the pen-
sion commenced and ending with the last day of the month when the for-
mer member attained sixty years of age.
(6) If the annual amount of pension computed in accordance with sub-
section (1),
(a) less the reduction required by subsection (3) and, if applicable, sub-
section (5); and
(b) plus,
(i) the annual amount of any disability pension to the former mem-
ber from the Canada Pension Plan, or
(ii) the annual amount of pension that the former member would
have received from the Canada Pension Plan if that pension
commenced only on the former member's attaining sixty-five
years of age,
other than the part of that pension derived from contributions made
to the Canada Pension Plan after the former member ceased to be a
member of the Plan,
that is payable to a former member who,
(c) has credit in the Plan that is equal to a period of time commencing
before the 1st day of January, 1966 and ending with the day the for-
mer member ceased to be a member of the Plan; and
(d) has attained sixty-five years of age or is receiving a disability pension
under the Canada Pension Plan,
is less than the annuity or annual amount of allowance that would be pay-
able to the former member under the Public Service Superannuation Act, as
it read on the 31st day of December, 1965, in respect of the former mem-
ber's credit in the Plan, the amount of the difference shall be added to the
annual amount of the pension computed in accordance with subsection (1)
that is payable after making the reductions required by subsection (3) and,
if applicable, subsection (5).
(7) If, on the first day of the month when payment of the pension to a
former member is to commence, the former member has a spouse from
whom the former member is not living separate and apart, the annual
amount of the former member's pension computed in accordance with this
section, other than this subsection, shall be reduced in such manner as the
Board approves to reflect the following rules:
1. Determine the present value of the pension payable to the former
member and the spouse on the assumption that a survivor pension is
payable to the spouse equal to one-half of the former member's pen-
sion computed in accordance with this section, other than this subsec-
tion, that the survivor pension is payable for the lifetime of the sur-
viving spouse, and that, if the spouse was not the spouse of the
former member when the former member ceased to be a member of
the Plan, no survivor pension is payable to the spouse.
2. Determine the reduction in the amount of the former member's
annual amount of pension computed in accordance with this section,
other than this subsection, that is required in order to provide to the
1989
PUBLIC SERVICE PENSION
Bill 36
27
spouse of the former member, at the present value determined under
paragraph 1, the survivor pension provided by subsection 19 (1).
3. Reduce the annual amount of the former member's pension computed
in accordance with this section, other than this subsection, by the
amount of the reduction determined under paragraph 2.
(8) If a computation under this section involves a part of a year, the Computation
part shall be determined on the basis of full months, and, of partial
year
(a) any part of a month that is less than fifteen days shall be disregarded;
and
(b) any part of a month that is fifteen days or more shall be deemed to
be a month.
18. — (1) The Board is not required to commence payment of a pension Application
to which a person is entitled under the Plan until a written application is for pension
delivered to the Board setting out such information as is prescribed and
such information as is, in the opinion of the Board, necessary to establish
the person's entitlement to the pension and the amount thereof.
(2) Unless otherwise expressly provided in this Plan, a pension, Payment
(a) is payable in monthly instalments for life; and
(b) ceases to be payable after the month when the person in receipt of
the pension dies or entitlement to payment of the pension ceases.
(3) If a person is entitled to be paid a pension the annual amount of Commutation
which, before the reductions mentioned in subsections 17 (4) and (5), is not of pension
more than,
(a) 2 per cent of the Year's Maximum Pensionable Earnings as prescribed
by the Canada Pension Plan; or R.S.C. 1985,
c. C-8
(b) such greater amount as is permitted by the Pension Benefits Act, 1987, c. 35
1987,
in the year when the member for whose credit in the Plan the pension is
payable ceased to be a member of the Plan, the Board may pay the com-
muted value of the pension to the person.
19. — (1) Subject to subsections (2) and (3), if, on the first day of the Pension to
month in which payment of a pension to a former member is to commence, surviving
the former member has a spouse from whom the former member is not liv- ^P^"^^
ing separate and apart, the spouse is, if he or she survives the death of the
former member, entitled to be paid for his or her lifetime an annual
amount of pension equal to 60 per cent of the annual amount of pension
that the former member is entitled to receive in the month when the former
member dies, and payment thereof shall commence in the month following
the month when the former member dies.
(2) If a survivor pension under subsection (1) is payable as the result of Death before
the death of a former member before attaining sixty-five years of age and ^ge sixty-five
before the reduction of his or her pension in accordance with subsection
17 (3), the annual amount of pension on which the survivor pension is
based shall be reduced in accordance with that subsection as though the for-
mer member had attained sixty-five years of age immediately before his or
her death.
28
Bill 36
PUBLIC SERVICE PENSION
1989
Waiver of
survivor
pension
1986, c. 4
Revocation
of waiver or
election
Reduction
not to be
made
(3) Despite subsection (1), a member or former member and the
spouse of the member or former member from whom the member or for-
mer member is not living separate and apart,
(a) may elect that the spouse receive a survivor pension under subsection
(1) of 50 per cent rather than 60 per cent if the member or former
member and the spouse are not or were not living separate and apart
when the member or former member ceases or ceased to be a mem-
ber of the Plan; or
(b) may waive the spouse's entitlement to a survivor pension under sub-
section (1) if the member or former member and the spouse are or
were living separate and apart when the member or former member
ceases or ceased to be a member of the Plan,
by delivering to the Board within twelve months prior to the month when
payment of the pension to the member or former member is to commence a
written direction in the form approved by the Board and signed by both of
them or a certified copy of a domestic contract, within the meaning of Part
IV of the Family Law Act, 1986, containing the election or waiver.
(4) Persons who have delivered a waiver or election under subsection
(3) may jointly cancel the waiver or election by written notice of cancella-
tion signed by them and delivered to the Board before the month when the
pension is to commence to be paid to the member or former member.
(5) The reduction required by subsection 17 (7) shall not be made if an ]
election or waiver made as permitted by subsection (3) is in force in the-
month when the pension is to commence to be paid to the member o|
former member.
Survivor
pension to
child on
death of
spouse
Increased
survivor
pension
Idem
When
direction not
valid
Actuarial
reduction of
pension
(6) On the death of a spouse to whom a survivor pension is paid under
this section, section 20 or 23, an annual amount of pension equal to that
survivor pension is payable to or among such of the child or children of the
former member on whose death the survivor pension became payable to the
spouse as are, at the death of the spouse, under eighteen years of age until
each child attains that age or dies under that age, and the share of the
children who attain that age or die under that age accrues to the child or
children, if any, remaining under that age.
20. — (1) The amount of the survivor pension payable under section 19
may be increased to 65 per cent, 70 per cent or 75 per cent of the pension
of the former member, after taking into account the reduction required by
subsection (4), by a written direction signed by the member or former
member on whose pension the survivor pension is based specifying the per-
centage to which the survivor pension is to be increased, and the direction
shall be delivered to the Board at least two years prior to the month when
payment of the pension to the member or former member is to commence.
(2) The Board shall accept a direction mentioned in subsection (1) that
is delivered to the Board after the time mentioned in that subsection and
before the month when the pension is to commence to be paid to the mem-
ber or former member if the Board is satisfied that the member or former
member is in good health having regard to his or her age.
(3) A direction delivered in accordance with subsection (1) or accepted
in accordance with subsection (2) is of no effect if the member who gives it
dies while a member of the Plan.
(4) The annual amount of pension computed in accordance with section
17 payable to a former member who has given a valid direction delivered in
accordance with subsection (1) or accepted in accordance with subsection
1989
PUBLIC SERVICE PENSION
Bill 36
29
(2) shall be actuarially reduced in a manner approved by the Board to
reflect the increased survivor pension specified in the direction and the
increased survivor pension shall be paid in lieu of that provided for in
section 19.
(5) A person who gives a direction mentioned in subsection (1) or (2) Revocation
may revoke the direction by a written revocation delivered to the Board of direction
before the month when payment of the person's pension is to commence.
21. — (1) A former member who, after commencing to receive a pension Post-
and when the former member has no spouse entitled to a survivor pension retirement
under section 19, becomes the spouse of a person who would not be enti- ™^"^^ge
tied on the death of the former member to a survivor pension under section
19 may in writing direct the Board to pay to the person, if he or she sur-
vives the death of the former member, a survivor pension for life of 50 per
cent, 55 per cent, 60 per cent, 65 per cent, 70 per cent or 75 per cent of
the pension received by the former member immediately before his or her
death.
(2) A direction mentioned in subsection (1) must be delivered to the Time limit
Board,
(a) within ninety days after the date on which the former member
became the spouse of the person to whom the survivor pension is
directed to be paid; or
(b) if immediately before the person becomes the spouse of the former
member there is a child of the former member who would be entitled
on the former member's death to receive a pension, within ninety
days after the date the child ceases to be entitled to receive the
pension.
(3) The Board may accept a direction mentioned in subsection (1) and Exception
delivered after the time mentioned in subsection (2) if the Board is satisfied
that the former member giving the direction is in good health having regard
to his or her age.
(4) The annual amount of pension payable to a former member who Actuarial
has given a valid direction in accordance with this section shall be actuari- reduction of
ally reduced in a manner approved by the Board to reflect the survivor pen- P^"^^*"^
sion directed to be paid and, subject to subsection (5), the survivor pension
shall be paid in the percentage specified in the direction to the spouse if he
or she survives the death of the former member.
(5) A survivor pension under this section shall not be paid while there Prior interest
is a child of the deceased former member entitled to receive a pension as a of child
result of the death of the former member.
22. — (1) If a member who has twenty-four or more months of continu- Survivor
ous membership or two or more years of credit in the Plan, pension on
'^ ■" death before
/ X .. , .. , , . T^. payment of
(a) dies while a member of the Plan; or pension
(b) dies after ceasing to be a member of the Plan and before the begin-
ning of the month when payment of his or her pension is to com-
mence,
the commuted value, as determined by the Board, of the member's or for-
mer member's pension benefit determined immediately prior to his or her
death and on the basis only of his or her credit in the Plan for employment
or service after 1986 is payable.
30
Bill 36
PUBLIC SERVICE PENSION
1989
(c) to the spouse of the member or former member from whom the
member or former member is not living separate and apart;
(d) if no payment under clause (c) can be made, or if the member or for-
mer member has no spouse who survives the date of death of the
member or former member, to the beneficiary designated in accord-
ance with this section by the member or former member; or
(e) if no payment can be made under clause (c) or (d), to the estate of
the member or former member.
Payment to
spouse
Election by
spouse
Waiver of
spouse's
entitlement
(2) Subject to subsection (3), the commuted value payable under sub-
section (1) to the spouse of a member or former member shall be paid in
the form of an immediate pension for the lifetime of the spouse, and the
commuted value of the pension so payable shall be equal to the commuted
value payable under subsection (1), and payment thereof shall commence in
the month following the month when the member or former member dies.
(3) The spouse to whom an immediate pension is payable under sub-
section (2) may, in writing in the approved form delivered to the Board in
the time fixed by the Board, elect to receive the commuted value payable
under subsection (1) in the form of,
(a) a single lump sum payment equal to the commuted value payable
under subsection (1); or
(b) a deferred pension the commuted value of which is equal to the com-
muted value payable under subsection (1).
(4) A member or former member and his or her spouse may, by writ-
ten waiver in the approved form delivered to the Board in the time fixed by
the Board, waive the spouse's entitlement under subsection (1) and, while
the waiver is in effect, that subsection shall be applied as if the member or
former member does not have a sp)Ouse on the date of the death of the
member or former member.
Designation
of beneficiary
Survivor
pension for
pre-1987
credit
(5) The designation of a beneficiary for the purpose of this section shaU
be made and delivered to the Board in such form and manner as the Board
requires.
23. — (1) If a member who has ten or more years of credit in the Plan
or has ten or more years of continuous membership in the Plan dies while a
member of the Plan, or dies after ceasing to be a member of the Plan and
before the beginning of the month when payment of his or her pension is to
commence, an annual amount of pension equal to one-half of the member's
or former member's pension computed in accordance with section 17 as
though the member or former member had attained sixty-five years of age
and on the basis only of his or her credit in the Plan for employment or
service before 1987 is payable,
(a) to the spouse of the member or former member from whom the
member or former member, at his or her death and at the cessation
of his or her membership in the Plan, was not living separate and
apart; or
(b) if no payment under clause (a) can be made, to or among such of the
child or children of the member or former member as are, at the
death of the member or former member, under eighteen years of age
until each child attains that age or dies under that age, and the share
of each of the children who attains that age or dies under that age
accrues to the child or children, if any, remaining under that age.
1989
PUBLIC SERVICE PENSION
Bill 36
31
(2) Payment of a survivor pension under this section shall commence in Payment
the month following the month when the member or former member dies,
and the survivor pension payable to a spouse under this section is payable
for the Ufe of the spouse.
(3) For the purpose of this section and subsection 19 (6), a child who Exception for
has attained eighteen years of age shall be deemed not to have attained that higher
age if, since attaining that age, the child has been, in the opinion of the ^'lucation
Board, continuously in full-time attendance at either or both of,
(a) a secondary school; or
(b) for five years following secondary school, a post-secondary educa-
tional institution that is recognized as such by the Board.
24. — (1) In the formulas in this section,
"A" is the carry forward determined for the immediately preceding
year,
"B" is the basic ratio for the year,
"C" is the adjustment ratio for the year,
"D" is the basic ratio for the year next following the year when the
member for whose credit in the Plan the pension in respect of which
the formula is apphed is payable ceased to be a member of the Plan,
and shall be calculated to a maximum of 1.080 or to a minimum of
1.000, and
"E" is the number of full months in the year that are after the month
in the year when the member for whose credit in the Plan the pen-
sion in respect of which the formula is applied is payable ceased to be
a member of the Plan.
Inflation
adjustment
(2) In this section,
'accumulated adjustment ratio", for the pension of a person, means the
product of the multiplication of all adjustment ratios for the years in the
period commencing with the year when the member for whose credit in
the Plan the pension is payable ceased to be a member of the Plan and
ending with the year for which the accumulated adjustment ratio is being
determined;
'adjustment ratio", for the pension of a person, means,
(a) for any year before the year 1976 and for the year when the member
for whose credit in the Plan the pension is payable ceased to be a
member of the Plan, 1.000,
(b) if the member for whose credit in the Plan the pension is payable
ceased to be a member of the Plan in or after the year 1975, for the
year next following the year when the member for whose credit in the
Plan the pension is payable ceased to be a member of the Plan, the
ratio determined by the formula
"[(D — 1.000) X E / 12] + 1.000", and
(c) for the later of the year 1976 and the second year after the year when
the member for whose credit in the Plan the pension is payable
ceased to be a member of the Plan and for any subsequent year, the
Definitions
32
Bill 36
PUBLIC SERVICE PENSION
1989
R.S.C. 1985,
c. S-19
R.S.O. 1980,
c. 419
Payment of
inflation
adjustment
Ratio not to
apply
R.S.O. 1980,
c. 490
Pre-
retirement
part-time
employment
ratio determined by the formula "A -t- B" calculated to a maximum
of 1.080 or to a minimum of 1.000;
"basic ratio", for a year, means the ratio expressed to three decimal places
that the average for the Consumer Price Index over the last twelve
months of the twenty-four-month period ending with the 30th day of
September in the immediately preceding year bears to the average for
the Consumer Price Index over the first twelve months of that period;
"carry forward", with respect to the pension of a person, means,
(a) for any year before the year 1976, for the year when the member for
whose credit in the Plan the pension is payable ceased to be a mem-
ber of the Plan and for the year next following that year, nil, and
(b) for the later of the year 1976 and the second year following the year
when the member for whose credit in the Plan the pension is payable
ceased to be a member of the Plan and for any subsequent year, the
positive or negative number determined by the formula "A -I- B —
C";
"Consumer Price Index" means the Consumer Price Index for Canada as
published by Statistics Canada under the authority of the Statistics Act
(Canada);
"member" includes a contributor within the meaning of the Public Service
Superannuation Act or a predecessor Act; -A
I
"pension" means a pension to which a person is entitled from the Plan
other than the adjustment for inflation provided by this section, and an
allowance, annuity, deferred annuity or other periodic payments to
which a person has become entitled under the Public Service Superannu-
ation Act or a predecessor Act;
"Plan" includes the pension plan established under the Public Service Super-
annuation Act and any predecessor Act.
(3) The annual amount of pension payable to a person from the Fund
shall, commencing with the year when payment of the pension is to com-
mence and in each subsequent year that the pension continues to be pay-
able, be adjusted for inflation by multiplying the annual amount of the pen-
sion by the accumulated adjustment ratio for the pension of the person for
that year, and the amount by which the pension thus adjusted exceeds the
annual amount of pension before the adjustment in each year shall be paid
to the person entitled to receive the pension for which it is calculated at the
same times, in the same manner and subject to the same terms and condi-
tions as apply to the pension in respect of which it is paid.
(4) The ratio determined for the year 1990 under the Superannuation
Adjustment Benefits Act does not apply to a pension to which this section
applies.
25. — (1) A full-time employee who is permitted to continue the duties
of his or her position as a part-time employee in accordance with this sec-
tion for the final years of his or her employment in the public service is
entitled to have his or her pension determined in accordance with this sec-
tion if the employee meets all of the conditions set out in subsection (2)
and gives the notice of election required by subsection (3).
Conditions
(2) The conditions referred to in subsection (1) are.
1989
PUBLIC SERVICE PENSION
Bill 36
33
(a) that the employee's part-time employment must be and continue to
be,
(i) in a position that requires regular employment for at least four-
teen hours per week or nine full days in each four weeks, or
(ii) full-time employment in a classified position in the civil service
for at least one-third of each twelve-month period or part
thereof following the giving of the notice required by subsection
(3) and before the employee's retirement on the date provided
for in the notice;
(b) that the employee must not be employed as a regular full-time
employee in the public service at any time after giving the notice
required by subsection (3) and before receiving a pension under the
Plan;
(c) that during the period of part-time employment specified by the
employee in the notice given in accordance with subsection (3), con-
tributions are made to the Fund by the employee and the employer
on the basis of the salary payable for full-time employment in the
position held by the employee immediately before the giving of the
notice; and
(d) that the employee's deputy minister must approve in writing the
change from full-time to part-time employment proposed by the
employee.
(3) A full-time employee who wishes to contribute to the Fund on the Notice
basis provided for in this section shall give to his or her deputy minister a
written notice signed by the employee stating,
(a) that the employee intends to retire from employment in the public
service not later than five years after the day on which the notice is
given;
(b) that the employee wishes to perform the duties of his or her position
on a part-time basis until retirement from employment; and
(c) that the employee wishes to continue to contribute to the Fund on
the basis of his or her salary as a full-time employee in the position.
(4) Despite the definition of "annual salary rate" and "credit", while Pension on
an employee continues to comply with the conditions described in sub- t'^sis of
^ ' ^^ full-time
employment
section (2),
(a) contributions shall be made to the Fund by the employee and the
employer on the basis of the salary payable for full-time employment
in the position held by the employee immediately before the giving of
the notice;
(b) the employee's annual salary rate shall be that on which contributions
to the Fund are paid; and
(c) the employee shall be given credit in the Plan on the basis of full-
time employment in the position in which the employee is employed
part-time.
(5) If an employee who contributes to the Fund in accordance with this Resuming
section resumes full-time employment in the public service after giving the fuU-time
notice required by subsection (3) and before receiving his or her pension, empoymen
34
Bill 36
PUBLIC SERVICE PENSION
1989
Excess
contributions
refunded
Interpretation
R.S.O. 1980,
c. 418
Re-
employment
of pensioner
Idem
Re-
employment
in expert
capacity
Void
transactions
Exemption
from seizure
Order or
separation
1987, c. 35
1986, c. 4
the employee's contributions to the Fund and credit in the Plan shall be
recomputed without reference to subsection (4).
(6) Contributions to the Fund under this section in excess of those
required after the application of subsection (5) shall be refunded to the per-
son who paid them.
(7) In this section, "public service" has the same meaning as in the
Public Service Act.
26. — (1) If a former member who is receiving a pension is, in the opin-
ion of the Board, re-employed or engaged in any capacity in the service of
the Crown, any pension that the former member is entitled to receive dur-
ing the re-employment or engagement shall, for any period of three months
commencing on the 1st day of January, April, July or October in any year
during which the former member is so re-employed or engaged, be reduced
by the amount by which the sum of,
(a) three times the monthly salary paid to the former member in that
period of three months; and
(b) the pension payable to the former member in that period of three
months if this section were not applicable to the former member,
exceeds the product of three times the monthly salary payable to the former
member for the last full month of employment before he or she ceased to
be a member of the Plan.
(2) Any period of re-employment or engagement referred to in sub-
section (1) for which a person may and does contribute to the Fund shall be
added to the person's credit in the Plan, and any pension payable on termi-
nation of the re-employment or engagement shall be recalculated to take
into account the additional credit and any pension earlier received by the
person.
(3) Despite subsection (1), the pension of a person who is appointed by
the Lieutenant Governor in Council for a period not exceeding six months
at a time to provide to the Crown the professional, expert or technical
knowledge of the person in a special capacity required by the Crown shall
not be reduced if the appointment so provides.
27. — (1) Every transaction that purports to assign, charge, anticipate or
give as security the interest, or any part thereof, of any person in the Fund
or in any pension or other sum payable out of the Fund is void.
(2) The interest of any person in the Fund or in any pension or other
sum payable out of the Fund is exempt from execution, seizure or attach-
ment.
(3) Subject to section 52 of the Pension Benefits Act, 1987, subsections
(1) and (2) do not apply to prevent the operation of any order under the
Family Law Act, 1986 or the provisions of a domestic contract, as defined
in Part IV of that Act.
Order for
support or
maintenance
Application
of subs. (4)
(4) Subsections (1) and (2) do not apply to prevent execution, seizure
or attachment in satisfaction of an order for support or maintenance
enforceable in Ontario to a maximum of one-half of the interest of any per-
son in the Fund or in any pension or other sum payable out of the Fund.
(5) Subsection (4) applies to orders of support or maintenance enforce-
able in Ontario whether made before or after the 31st day of December,
1989.
1989
PUBLIC SERVICE PENSION
Bill 36
35
(6) Despite subsections (1) and (2), if a person entitled to a refund or a Payment into
lump-sum payment from the Fund requests the Board in writing to have the other funds
refund or payment paid,
(a) into another registered pension plan;
(b) into a registered retirement savings plan that meets the requirements
of the Income Tax Act (Canada); R.S.C. 1952,
c. 148
(c) to an insurance company to purchase an immediate or deferred life
annuity; or
(d) into a pension plan approved by the Board,
the refund or payment shall be so paid.
28. — (1) A payment to be made under the Plan to a member's estate
may be made to the executor or administrator of the member's estate or to
the person or persons who appear to the Board to be properly acting in the
administration or distribution of the member's estate or, if no executor or
administrator or other person acting in the administration or distribution of
the member's estate can be ascertained to the satisfaction of the Board, the
payment may be paid into the Supreme Court of Ontario to the credit of
the member's estate.
Payment to
estate
(2) If, after the death of a person, no spouse or child or designated
beneficiary of that person can be found entitled to receive a pension on the
person's death, and the Board is satisfied that reasonable inquiries have
been made to find the spouse or child or designated beneficiary, and more
than one year has passed since the death of the person, the Board may,
despite any other provision of the Plan, direct that the money that would be
payable under the Plan to the person's estate if the person had died leaving
no surviving child or spouse or designated beneficiary entitled to be paid a
pension on the person's death be paid to the person's estate upon such
terms and conditions as the Board determines.
Missing
beneficiary
(3) If the spouse or child or designated beneficiary referred to in sub-
section (2) is subsequently found and a claim is made for any money pay-
able under the Plan, the Board may direct that such money, less any money
paid under subsection (2), be paid to the spouse or child or designated ben-
eficiary, as the case may be.
29. — (1) The Public Service Superannuation Board is continued under
the name of the Public Service Pension Board and the Board is constituted
a corporation without share capital.
(2) The Corporations Act does not apply to the Board.
(3) The Board shall be composed of at least three members, and the
members shall be appointed by the Lieutenant Governor in Council for
such term, not exceeding three years on each appointment or reappoint-
ment, as is specified in the appointment or reappointment.
Beneficiary
later found
Board to be
corporation
Application
of
R.S.O. 1980,
c. 95
Board
members
Idem
(4) If the Lieutenant Governor in Council considers it appropriate and
desirable, members may be appointed to the Board because of their exper-
tise in the management, investment or administration of pension plans or in
order to represent on the Board, subject to the requirements of the
Pension Benefits Act, 1987, the concerns of the Crown, of members 1987, c. 35
required to contribute to the Fund or of persons receiving pensions under
the Plan.
36
Bill 36
PUBLIC SERVICE PENSION
1989
Reappointment (5) A member whose appointment has expired may be reappointed to
the Board, but no reappointment shall be for a term that, when added to
the member's current unbroken period of membership, exceeds six consecu-
tive years of membership.
Chairperson
and vice-
chairperson
(6) From the members of the Board, the Lieutenant Governor in
Council may designate a chairperson and one or more vice-chairpersons for
a term not to exceed two years or such lesser period as the person remains
a member of the Board and, if the Lieutenant Governor in Council does
not designate a chairperson or vice-chairperson within one month after the
position becomes vacant, the members of the Board shall elect one of them
to be chairperson, and may elect one or more of them to be vice-
chairperson, but the term for which any chairperson or vice-chairperson is
elected shall not exceed two years or the remaining period of his or her
appointment to the Board, whichever is shorter.
Remuneration 30. The Lieutenant Governor in Council shall establish the remunera-
tion or range of remuneration to be paid to a member of the Board and to
the chairperson and vice-chairperson, but no member of the Board who is
employed in the public service of Ontario shall be paid any remuneration
other than reimbursement for expenses actually incurred in the performance
of his or her duties as a member of the Board or an honorarium in recogni-
tion of salary lost by the public servant for attendance at a meeting of the
Board.
Duty of
Board
1987, c. 35
Employment
of officers
and others
Board may
make rules
Idem
31. — (1) It is the duty and responsibility of the Board to administer the
Plan and manage the Fund in accordance with this Act, the Plan and the
Pension Benefits Act, 1987.
(2) The Board shall appoint or employ an actuary, an auditor and such
officers, employees, advisers, experts and other persons as are required to
carry out the duties and responsibilities of the Board.
(3) The Board may make rules and by-laws for the administration and
management of the Plan and the Fund and for the conduct of the affairs of
the Board and committees of the Board, and may, for such period as the
Board determines and on such terms and conditions as the Board considers
appropriate, assign or delegate to any officer, employee, member or com-
mittee of the Board or other person retained by the Board the performance
or exercise of any of the duties or responsibilities of the Board as the Board
considers necessary or desirable.
(4) Without restricting the generality of subsection (3), the Board may
make rules,
(a) prescribing the proofs to be furnished as a condition to the payment
of a pension;
(b) excluding from salary on which contributions to the Fund are based
any payment to a member that is, in the opinion of the Board, not a
regular and usual part of the normal remuneration for the member's
employment or is a payment in the nature of a special consideration
or employee benefit;
(c) approving forms and providing for their use; and
(d) requiring members of the Plan, recipients of pensions under the Plan
or applicants for pensions under the Plan to furnish information to or
for the use of the Board, and prescribing the form thereof and the
information to be furnished.
1989
PUBLIC SERVICE PENSION
Bill 36
37
32. The Board has and may exercise all of the powers and capacities of Powers of
a natural person that are considered by the Board to be necessary or inci- Board
dental to the carrying out of its duties and responsibilities under this Act
and the Plan and, in particular, the Board may,
(a) contract and be contracted with and sue and be sued;
(b) acquire by purchase, lease or otherwise any real or personal property
for its own use or as an investment of the Fund, and may sell, lease
or otherwise dispose of all or any part of its property in its discretion;
(c) participate with others as a partner or as a member of a syndicate or
association of persons in the acquisition, holding, management or dis-
position of any property by way of investment or otherwise;
(d) determine the rate of remuneration and the employee benefits and
perquisites for its employees and the conditions of employment under
which they are employed;
(e) with the approval of the Management Board of Cabinet, enter into
such arrangements as are considered necessary by the Board for the
purchase from the Crown of the services of any employee or ministry
of the Crown, or for the use of any facilities or equipment belonging
to the Crown, that may assist the Board in the management or
administration of the Plan or the Fund; and
(f) with the approval of the Lieutenant Governor in Council, enter into
an agreement to administer any other pension plan or fund or admin-
ister a benefit plan to provide health or medical or other benefits to
persons who have ceased to be members of the Plan and are entitled
to a pension, and to recover, where appropriate, the costs of such
administration from that plan or fund.
33. — (1) The Board may establish such committees as are considered Committees
necessary or desirable.
(2) A committee established by the Board may, with the approval of Committee
the Board and in accordance with the policy established by the committee ^^y delegate
or the Board, delegate to an officer or employee of the Board any of the
duties and responsibilities of the committee, including those delegated to
the committee by the Board.
34. The quorum for any meeting of the Board or a committee of the Quorum
Board shall be at least a majority of the members of the Board or commit-
tee.
35. The expenses of the operation of the Board, the administration of Expenses
the Plan and the management of the Fund shall be paid out of the Fund.
36. After the close of each fiscal year, the Board shall submit to the Annual
Minister a report for the fiscal year just ended of the financial and other report
affairs of the Plan and the Fund, and the Minister shall submit the report to
the Lieutenant Governor in Council and shall then lay the report before the
Legislative Assembly if it is in session or, if not, at the next session.
37. — (1) In the reports to the Minister under section 36, the Board Report re
shall identify, OPP- ^^'^y
(a) the additional cost to the Plan of the pension provided to members of
the Ontario Provincial Police Force by subsection 15 (4) over the cost
of the pension or deferred pension that would be payable without that
subsection; and
retirement
benefit
38
Bill 36
PUBLIC SERVICE PENSION
1989
Idem
Indemnifi-
cation
Limitation
(b) the financial benefit to the Plan from the contributions of members of
the Ontario Provincial Police Force under subsection 6 (2), from the
employer's contributions made to match contributions under that sub-
section, and from the return reasonably attributable to the investment
of the contributions and of the proceeds received by the Fund from
the transfers under subsections 6 (2) and (3) of this Act.
(2) The Board shall also indicate in its reports the sufficiency of the
financial benefits referred to in clause (1) (b) to meet the additional costs
referred to in clause (1) (a) and whether those additional costs for pensions
that are being paid at the end of the year for which the report is made have
been met by the financial benefits that have then accrued to the Fund.
38. — (1) Each employee of the Board and his or her heirs, executors
and administrators shall be indemnified and saved harmless by the Board
from and against all costs, charges and expenses sustained or incurred in or
about any action, suit, proceeding or claim against him or her for any act,
omission, deed, matter or other thing made, done or permitted or omitted
to be made or done in or about the execution of the duties of his or her
employment by the Board, and every payment made for the indemnification
is an administrative expense of the Board.
(2) Indemnification under subsection (1) does not extend to the act or
omission to act of any person that was done or omitted to be done dishon-
estly or in bad faith.
1989 PUBLIC SERVICE PENSION Bill 36 39
SCHEDULE 2
INTERIM PAYMENTS OF UNFUNDED LIABILITY
Date of payment Amount of payment
L January 1, 1990 $6,796,000
2. February 1, 1990 6,826,000
3. March 1, 1990 6,856,000
4. April 1, 1990 6,887,000
5. May 1, 1990 6,918,000
6. June 1, 1990 6,949,000
7. July 1, 1990 6,980,000
8. August 1, 1990 7,011,000
9. September 1, 1990 7,042,000
10. October 1, 1990 7,074,000
11. November 1, 1990 7,106,000
12. December 1, 1990 7,137,000
13. January 1, 1991 7,169,000
14. February 1, 1991 7,201,000
15. March 1, 1991 7,234,000
16. April 1, 1991 7,266,000
17. May 1, 1991 7,298,000
18. June 1, 1991 7,331,000
19. July 1, 1991 7,364,000
20. August 1, 1991 7,397,000
21. September 1, 1991 7,430,000
22. October 1, 1991 7,463,000
23. November 1, 1991 7,496,000
24. December 1, 1991 7,530,000
25. January 1, 1992 7,564,000
26. February 1, 1992 7,597,000
27. March 1, 1992 7,631,000
28. April 1, 1992 7,665,000
29. May 1, 1992 7,700,000
30. June 1, 1992 . 7,734,000
31. July 1, 1992 7,769,000
32. August 1, 1992 7,804,000
33. September 1, 1992 7,838,000
34. October 1, 1992 7,873,000
35. November 1, 1992 7,909,000
36. December 1, 1992 7,944,000
BiU36
Gk)vernment BUI
2nd session, 34th LEGISLATURE, ONTARIO
38 ELIZABETH II, 1989
Bill 36
An Act to revise the
Public Service Superannuation Act
The Hon. M. Elston
Chairman of the Management Board of Cabinet
1st Reading June 20th, 1989
2nd Reading November 8th, 1989
3rd Reading
Royal Assent
(Reprinted as amended by the General Government Committee)
Printed under authority of the Legislative Assembly by the
©Queen's Printer for Ontario
EXPLANATORY NOTES
The Bill will continue the existing pension plan established under the Public Service
Superannuation Act (which contains the basic pension plan) and the Superannuation
Adjustment Benefits Act (which requires inflation adjustments for benefits payable under
the basic plan).
Changes will be made respecting who is eligible to become a member of the plan,
the level of contributions required under the plan and certain rules governing pension
transfers and the purchase of credit under the plan. Certain provisions of the pension
plan (concerning entitlement to benefits and the administration of the plan) will be
changed to meet the requirements of the Pension Benefits Act, 1987. Additional technical
changes are made with respect to the administration of the plan.
Three alternative mechanisms for amending the plan will be provided. Initially, the
Lieutenant Governor in Council will be able to amend the plan by order. The Bill will
permit the Government to enter into an agreement with the members to establish joint
control or member control over the plan. Amendments to the plan will then be made
according to the terms of the agreement. Ownership of surplus and responsibility for def-
icits that may arise under the plan will be concomitant with control over the plan.
A Public Service Pension Board will be created to administer the plan and the pen-
sion fund. Custody of the pension fund will be transferred from the Treasurer to the
Board. The Treasurer will be responsible for paying any deficit that may exist when the
pension fund is transferred to the Board.
The Bill is structured as an Act with two Schedules. The Act contains the particulars
of the continuation of the pension plan (sections 3 to 5), the amending mechanisms (sec-
tion 6), the transfer of the pension fund from the Treasurer to the Board (sections 7 to
11) and transitional provisions (sections 12 to 16). Schedule 1 contains the details of the
pension plan (sections 1 to 28) and establishes the Board (sections 29 to 38). Schedule 2
lists the amount of the Treasurer's special monthly payments to liquidate the unfunded
liability of the plan as it exists when custody of the pension fund is transferred to the
Board.
Changes to the pension plan:
The following are the key changes in the terms of the pension plan:
1. Substantive changes, other than those required by the Pension Benefits Act,
1987, include:
(a) Contract employees and unclassified part-time employees, who are not
eligible to become members of the existing pension plan, have the option
of joining the plan. {Section 2 of Schedule 1)
(b) The rate of a member's required contributions increases by 1 per cent of
the member's salary. This increase is matched by an increase in the
employer's contributions. {Section 6 of Schedule 1)
(c) The rules governing the purchase of credit for past service are simplified
and the purchase of credit for certain service in the private sector is per-
mitted. {Section 11 of Schedule 1)
(d) A pensioner who marries after retirement may elect to provide a survivor
pension for a sp)ouse, with a corresponding reduction in the amount of
the member's pension. {Section 21 of Schedule 1)
2. Changes required by the Pension Benefits Act, 1987 include:
(a) A person's entitlement to a pension relating to employment after Decem-
ber 31, 1986 vests and his or her contributions are locked in after two
years of continuous membership in the plan. (Section 13 of Schedule 1)
(b) The "50 f)er cent rule" applies, ensuring that a member's contributions
under the plan plus interest do not exceed 50 per cent of the commuted
value of the pension the member receives for employment since January
1, 1987. {Section 13 of Schedule 1)
(c) The amount of a spouse's survivor pension is increased from 50 per cent
to 60 per cent of the member's pension, with a corresponding reduction
in the amount of the member's pension. (The member and spxjuse can
waive the increase.) {Section 19 of Schedule 1)
(d) A spouse or beneficiary or the estate of a member entitled to a pension,
who dies before beginning to receive it, is entitled to a benefit based on
the member's employment after December 31, 1986. {Section 22 of
Schedule 1)
Bill 36
1989
An Act to revise the
Public Service Superannuation Act
CONTENTS OF ACT
Section
1. Definitions
2. Application
3. Plan continued
4. Plan documents
5. Public Service Superannuation
Fund continued
6. Future revision of Plan
7. Transfer of SAF Account
8. Initial unfunded liability
9. Interim payments of unfunded
liability
10. Initial valuation
Section
11. Subsequent valuations
12. Payment of pensions under
other Acts
13. Expiry of appointments
14. Continued application
15. Superannuation Adjustment
Benefits Act ceases to apply
16. Post-retirement marriage
17. Repeals
18. Commencement
19. Short title
CONTENTS OF SCHEDULE 1
Section
1. Definitions
2. Plan members
3. Termination of membership
4. Persons not entitled to be
members
5. Contributions to and payments
from Fund
6. Contributions by members
7. Contributions by employer
8. Leave of absence with pay
9. Continued membership on
release from employment
10. Long term income protection
11. Prior service with the Crown,
etc.
12. Contribution, salary and service
record
13. Refunds before twenty-four
months membership
14. Disability pension
15. Pension at age sixty-five
16. Deferred pension
17. Computation of pension
18. Application for pension
19. Pension to surviving spouse
20. Increased survivor pension
Section
21. Post-retirement marriage
22. Survivor pension on death
before payment of pension
23. Survivor pension for pre- 1987
credit
24. Inflation adjustment
25. Pre-retirement part-time
employment
26. Re-employment of pensioner
27. Void transactions
28. Payment to estate
29. Board to be corporation
30. Remuneration
31. Duty of Board
32. Powers of Board
33. Committees
34. Quorum
35. Expenses
36. Reciprocal transfer agreements
continue to apply
37. Annual report
38. Report re O.P.P. early
retirement benefit
39. Indemnification
Bill 36
PUBLIC SERVICE PENSION
1989
CONTENTS OF SCHEDULE 2
Interim payments of unfunded liability
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
Definitions
Application
Plan
continued
R.S.O. 1980,
cc. 419, 490
1. In this Act, "actuary", "Board", "Crown",
"emplover". "Fund", "member", "Minister", "pension",
"pension benefit", "Plan", "salary" and "Treasurer" have the
same meaning as in section 1 of Schedule 1 .
2. Subject to subsection 14 (2) and to section 24 of
Schedule 1, this Act applies to every person employed after
the 31st day of December, 1989 in the service of an employer.
3. The pension plan contained in the provisions of the
Public Service Superannuation Act and the regulations there-
under, including the benefits provided under the
Superannuation Adjustment Benefits Act in relation to pen-
sions provided under the Public Service Superannuation Act, is
continued as the Public Service Pension Plan as revised by this
Act and set out in Schedule 1 .
Plan
documents
4. The terms of the Plan are those set out in Schedule 1,
in this Act and in such other documents concerning the Plan
as are created under this Act or Schedule 1 .
Public 5, — (1) The Public Service Superannuation Fund estab-
Superan- Hshcd undcr the Public Service Superannuation Act is contin-
nuation Fund ued as the Public Service Pension Fund to provide benefits in
continued respect of the Plan.
Board to
administer
(2) The Plan and the Fund shall be administered by the
Board in accordance with this Act and the Plan.
Future
revision of
Plan
6. — (1) The Lieutenant Governor in Council by order may
amend the Plan and, without restricting the generality of the
foregoing, may,
(a) determine the methods or assumptions to be used to
calculate any pension benefit provided under th«|
Plan;
(b) rescind the Plan and replace it with another pensioi^
plan;
(c) extend, modify or restrict the conditions upon
which persons may become members of the Plan;
1989
PUBLIC SERVICE PENSION
Bill 36
(d) establish a separate pension plan or plans for any
class or classes of persons who are members of the
Plan, and direct the transfer from the Fund to any
fund related to such separately established pension
plan or plans of any amount specified to represent
the value, as determined by an actuarial valuation,
of the pension benefits of persons who will be mem-
bers of such separately established pension plan or
plans;
(e) increase or prospectively reduce, eliminate or mod-
ify any pension benefit set out in the Plan or the
rate or amount of contribution to be made under
the Plan;
(f) regulate the administration of the Plan and the com-
position, duties and powers of the Board;
(g) exercise with respect to any plan established under
this section the powers conferred by this section.
(2) To the extent that an amendment of the Plan made Limitation re
under subsection (1) conflicts with the Pension Benefits Act, ^g^j ^ 3^
1987 in a matter in which the conflict is not authorized by this
Act or Schedule 1, the amendment is void.
(3) If the Crown enters into an agreement for an indefinite Agreement
term with representatives of a majority of the members with responsibility
respect to,
i^
(a) the joint management of the Plan and the Fund by
the Crown and representatives of the members;
(b) the sharing between the Crown and the members of
surpluses and deficiencies in the Fund;
(c) prior consultation between the Crown and the rep-
resentatives to determine if agreement can be
reached between them concerning any change in
benefits under the Plan or in the rate or amount of
contributions to the Fund from the Crown or the
members; and
(d) mediation procedures following a failure to agree
on a change in benefits under the Plan or in the rate
or amount of contributions to the Fund,
the powers mentioned in subsection (1) shall, while the agree-
ment remains in force, be exercised only in accordance with
the agreement.
Bill 36
PUBLIC SERVICE PENSION
1989
Idem
(4) An agreement mentioned in subsection (3) may also
provide that, to the extent specified in the agreement, sub-
sections 11 (2) and (5) cease to apply while the agreement is
in force.
Agreement
for member
resfwnsibility
Application
of
R.S.O. 1980,
c. 446
Transfer of
SAF Account
R.S.O. 1980,
cc. 419, 490
Transfer of
O.P.P.
Supple-
mentary
Benefits
Account
(5) If it is agreed between the Crown and representatives of
a majority of members that the management of the Plan, the
entitlement to surpluses in the Fund and the liability for defi-
ciencies in the Fund will be permanently assumed by the
members from time to time of the Plan and that the liability
of the Crown to contribute to the Fund will be limited to a
specified amount or to a specified percentage of members'
contributions or salaries, the Lieutenant Governor in Council
may provide by order that the powers mentioned in subsection
(1) shall be exercised thereafter only in accordance with the
agreement and by the person, persons or entity specified in
the agreement.
(6) The Regulations Act does not apply with respect to an
order amending the Plan.
7.__(1) As of the 31st day of December, 1989, the Trea-
surer shall transfer to the Public Service Superannuation Fund
Account maintained in the Consolidated Revenue Fund under
the Public Service Superannuation Act the total assets and lia-
bilities of the Public Service Superannuation Fund Account in
the Superannuation Adjustment Fund Account maintained in
the Consolidated Revenue Fund under the Superannuation
Adjustment Benefits Act.
(2) As of the 31st day of December, 1989, the Treasurer
shall transfer to the Public Service Superannuation Fund
Account maintained in the Consolidated Revenue Fund under
the Public Service Superannuation Act the total assets and lia-
bilities of the Ontario Provincial Police Supplementary Bene-
fits Account maintained in the Consolidated Revenue Fund
under Order in Council 196/85.
Interest (3) As of the 31 St day of December, 1989, the Treasurer
shall pay to the Public Service Superannuation Fund Account
maintained in the Consolidated Revenue Fund under the
Public Service Superannuation Act interest at the rates and on
the terms determined by the Lieutenant Governor in Council
on the cash balances that from time to time stood to the credit
of,
R.S.O. 1980.
c. 419
(a) the Public Service Superannuation Fund Account
maintained in the Consolidated Revenue Fund
under the Public Service Superannuation Act;
1989
PUBLIC SERVICE PENSION
Bill 36
(b) the Public Service Superannuation Fund Account in
the Superannuation Adjustment Fund Account
maintained in the Consolidated Revenue Fund
under the Superannuation Adjustment Benefits Act; ^-^^2' ^^^'
and
490
(c) the Ontario Provincial Police Supplementary Bene-
fits Account mentioned in subsection (2),
in the period from the 1st day of April, 1989 to the 31st day of
December, 1989.
(4) Interest payable by the Treasurer on assets held on the idem
1st day of April, 1989 in the accounts referred to in clauses
(3) (a), (b) and (c) shall be accrued to the 31st day of Decem-
ber, 1989 and paid as of that date to the Public Service Super-
annuation Fund Account despite a later time for payment
specified in any instrument that provides for payment of the
interest, and the payment made to the Account reduces the
liability of the Treasurer under the instrument for interest by
the amount paid.
(5) Payments by the Treasurer made under subsections (3) ^'^^^
and (4) shall be made from the Consolidated Revenue Fund.
R.S.O. 1980,
c. 419
(6) As of the 1st day of January, 1990, the Treasurer shall Transfer of
transfer to the custody and control of the Board the total Account
amount of the assets on the 31st day of December, 1989 of the
Public Service Superannuation Fund Account maintained in
the Consolidated Revenue Fund under the Public Service
Superannuation Act, including assets and payments transferred
or made to that account under this section, by issuing to the
Board debentures of the Province of Ontario that are equal to
the amount of the assets and that, in the opinion of the Trea-
surer, provide for the payment of principal and interest on
terms substantially equivalent to those on which the assets are
held on the 31st day of December, 1989.
(7) All liabilities on the 1st day of January, 1990 of the f;'^^^^^}^'^^^'^ ^^
accounts mentioned in subsections (1), (2) and (6) are liabili- Fund
ties of the Fund on and after that date and, as of that date,
the accounts cease to exist in the Consolidated Revenue Fund.
(8) During the period from the 31st day of December, 1989 l^^^^^^"^
to the 30th day of June, 1990, the Treasurer may establish authorized
outside the Consolidated Revenue Fund an account or
accounts for such temporary period as the Treasurer considers
advisable to facilitate the orderly transfer to the Board of the
assets of the Fund and the administration of the Plan.
6
Debentures
Bill 36
PUBLIC SERVICE PENSION
1989
Investments
authorized
1987. c. 35
(9) For the purpose of subsection (6), the Treasurer may,
on behalf of Ontario, issue to the Fund debentures of Ontario
in such amounts, upon such terms as to the payment of princi-
pal and interest, maturing at such time or times and either
with or without the privilege of prepayment of the whole or
any part of the principal amount of any such debenture as
will, in the opinion of the Treasurer, meet the requirements of
this section, and any debenture may provide that it is not
assignable or transferrable.
(10) Despite the Pension Benefits Act, 1987 and regulations
thereunder, the receipt and holding by the Board of deben-
tures issued under this section shall not be considered impru-
dent or unreasonable or contrary to that Act and regulations
thereunder, and the nature, amount and terms of the deben-
tures may be taken into account by the Board and any com-
mittee of the Board in determining future investments of the.
assets of the Plan.
Application
of
1987, c. 35
Initial
unfunded
liability
(11) Section 82 of the Pension Benefits Act, 1987 does not
apply to the transfers described in this section.
8. — (1) In this section and in sections 9 and 10 and sub-
section 11 (3),
"actuarial gain" and "actuarial loss" mean, respectively, the
sum, if positive, or the sum, if negative, of,
(a) the gain to the Plan during the period since the'
review date of the immediately preceding going
concern valuation resulting from the difference
between actual experience and the experience
expected by the actuarial assumptions on which that
valuation was based,
(b) the amount by which the going concern liabilities
decrease as a result of an amendment to the Plan,
and
(c) the amount by which the going concern liabilities
decrease or the going concern assets increase as a
result of a change in actuarial methods or assump-
tions upon which the current going concern valua-
tion is based, as of the review date for a going con-
cern valuation,
but clause (a), (b) or (c) or any combination thereof shall
be counted as a negative in the calculation of the sum if.
1989 PUBLIC SERVICE PENSION Bill 36
(d) the experience of the Plan results in a loss rather
than a gain,
(e) an amendment increases the going concern liabili-
ties, or
(f) a change in actuarial methods or assumptions
results in an increase in going concern liabilities or a
decrease in going concern assets, as the case may
be;
"going concern assets" means the value of the assets of the
Plan, including accrued and receivable income and the
present value of future contributions and investment
income, determined on the basis of a going concern
valuation;
"going concern liabilities" means the present value of the
expenses of the Plan and the accrued and unaccrued bene-
fits of the Plan determined on the basis of a going concern
valuation;
"going concern unfunded actuarial liability" means the excess
of going concern liabilities over going concern assets;
"going concern valuation" means a valuation of assets and lia-
bilities of the Plan using methods and actuarial assumptions
considered by the actuary who valued the Plan to be in
accordance with generally accepted actuarial principles and
practices for the valuation of a continuing pension plan;
"initial valuation" means the going concern valuation of the
Plan as at the 1st day of January, 1990 required by section
10;
"past service unfunded actuarial liability" means the amount
of going concern unfunded actuarial liability that results
from the provision of benefits with respect to prior employ-
ment for which no benefit was provided at the time of the
employment or from an amendment to the Plan that pro-
vides benefits for employment prior to the date of the
amendment if the employment had not previously been rec-
ognized for purposes of the provision of pension benefits;
"review date" means the last date of the period under review
in a report required under the Pension Benefits Act, 1987 or '987, c. 35
regulations thereunder;
"solvency assets" means the sum determined in accordance
with subsections (2) and (3) of.
8
Bill 36
PUBLIC SERVICE PENSION
1989
(a) the market value of investments held by the Plan or
a value related to the market value by means of an
averaging method that stabilizes short-term fluctua-
tions of the market values over a period of not
more than five years, plus any cash balances and
accrued or receivable income items.
(b) the present value of any special payments required
to liquidate any past service unfunded actuarial lia-
bility established on or after the 1st day of January,
1988,
(c) the present value of any special payments other
than those referred to in clause (b) established on
or after the 1st day of January, 1988 that are sched-
uled for payment within five years after the review
date, and
(d) the present value of future special payments result-
ing from the initial valuation;
"solvency deficiency" means the excess of the solvency liabili-
ties over the solvency assets;
"solvency gain" means the sum, if positive, of,
(a) the gain to the Plan during the period since th(
review date of the immediately preceding valuation
of solvency assets and solvency liabilities resulting
from the difference between actual experience and
the experience expected by the actuarial assump-
tions on which that valuation was based, and
(b) the amount by which the solvency liabilities
decrease or the solvency assets increase during the
period since the review date of the immediately pre-
ceding valuation of solvency assets and solvency lia-
bilities as a result of a change in the actuarial meth-
ods or assumptions upon which the current
valuation of solvency assets and solvency liabilities
is based.
but either of clause (a) or (b) shall be counted as a negative
in the calculation of the sum if the experience of the Plan
results in a loss rather than a gain or if a change in actuarial
methods or assumptions results in an increase in solvency
liabilities or a decrease in solvency assets, as the case may
be;
1989
PUBLIC SERVICE PENSION
Bill 36
"solvency liabilities" means an amount that is not less than
the liabilities of the Plan determined as if the Plan had
been wound up, taking into account liabilities for the
adjustment for inflation under the Plan and the require-
ments of section 75 of the Pension Benefits Act, 1987.
1987, c. 35
(2) The present values referred to in clauses (b), (c) and Present
(d) of the definition of "solvency assets" shall be determined solvency^
on the basis of the assumed interest rate used in determining assets
whether there is a solvency deficiency.
(3) In calculating the solvency assets, if there is no market " "o market
value for an investment of the Plan and the investment is ""^'"^
issued or guaranteed by a government, the book value of the
investment may be used instead of market value.
(4) The provisions of this section and of sections 9, 10 and Conflicting
1 1 prevail over any conflicting provisions of the Pension Bene- P'°'"^'*'"^
fits Act, 1987 or of a regulation made under that Act.
9. — (1) For each month in the period commencing with interim
the 1st day of January, 1990 and ending with the last day of ES °^
the month in which the initial valuation is approved by the liability
Pension Commission of Ontario, the Treasurer shall pay to
the Fund from the Consolidated Revenue Fund the amount
shown for that month in Schedule 2.
(2) The Treasurer may, with the appropriate adjustment Prepayment
for interest, at any time prepay one or more of the outstand-
ing payments shown in Schedule 2.
(3) Payments made under subsection (1) or (2) shall be
credited against any special payments that are to be made in
the same period to liquidate a going concern unfunded actuar-
ial liability disclosed by the initial valuation, and any amount
by which the payments made under those subsections are less
than the special payments for that period as a result of the ini-
tial valuation shall be paid by the Treasurer to the Fund from
the Consolidated Revenue Fund within fifteen months follow-
ing the month when the initial valuation is approved by the
Pension Commission of Ontario.
Application
of estimated
payments
10. — (1) As soon as practicable after the 31st day of i"j»'ai
December, 1989, the Board shall cause to be prepared a going
concern valuation of the Plan as at the 1st day of January,
1990, and the valuation shall include the adjustment of pen-
sions for inflation under the Plan.
(2) The initial valuation shall.
Idem
10
Bill 36
PUBLIC SERVICE PENSION
1989
(a) comply with this section and section 1 1 ;
(b) be delivered by the actuary to the Board and to the
Minister and the Treasurer, and shall be filed with
the Pension Commission of Ontario by the Board
only after the Minister and the Treasurer have
advised the Board in writing that thev agree that the
initial valuation delivered to them be filed: and
Liability
liquidated
(c) for all purposes of the Plan determine the going
concern unfunded actuarial liability or surplus of
the Plan as at the 1st day of January, 1990.
(3) Any going concern unfunded actuarial liability disclosed
by the initial valuation shall be liquidated by a series of special
payments from the Consolidated Revenue Fund to be made
over the forty years commencing on the 1st day of January,
1990.
Calculation
of special
payments
(4) Each special payment mentioned in subsection (3) shall
be calculated as a constant percentage of the projected future
earnings from employment used to calculate pension benefits
during the forty years commencing on the 1st day of January,
1990 of all persons who are members of the Plan on that date
and of those who are expected to join the Plan during those
forty years.
ofT"cia?'"^ (5) The present value, as at the 1st day of January, 1990, of
payments the full scrics of Special payments shall equal the amount of
the going concern unfunded actuarial liability to be liquidated.
Schedule of
payments
(6) The actuary shall prepare and submit with the initial
valuation a schedule showing the dollar amount of each spe-
cial payment in the first six years of the series and the formula
by which the dollar amount of the remaining special payments
in the series is determined.
Prepayments
and
additional
payments
(7) The Treasurer may, at any time, prepay a part or all of
any outstanding special payments or may make additional
payments to the Fund to be applied, with appropriate adjust-
ments for interest, as the Treasurer shall direct to reduce the
going concern unfunded actuarial liability disclosed by the ini-
tial valuation, and every such payment may be paid out of the
Consolidated Revenue Fund.
Consistent
assumptions
(8) Subject to subsection (4),
(a) the projected future earnings from employment
used to calculate pension benefits shall be deter-
1989
PUBLIC SERVICE PENSION
Bill 36
11
mined using actuarial assumptions consistent with
those made in the initial valuation;
(b) the present value of the series of special payments
shall be determined using the interest rate used in
the initial valuation; and
(c) all other actuarial assumptions made in the determi-
nation of the series of special payments shall be, so
far as possible, consistent with actuarial assumptions
made in the initial valuation.
11. — (1) A going concern valuation of the Plan made after Subsequent
the initial valuation shall include the present value of the out-
standing special payments calculated under section 10 that
remain to be made to liquidate the going concern unfunded
actuarial liability disclosed by the initial valuation, and the
actuary shall prepare and submit with the valuation a schedule
showing the amount, determined from the formula mentioned
in subsection 10 (6), of each remaining special payment for
the next six years or for the period of time for which special
payments remain to be made, whichever is shorter.
(2) Any actuarial gain disclosed by a going concern valua- Application
tion made after the initial valuation shall be applied in the fol- gain
lowing order and manner:
1. The amount of the gain shall first be applied to
reduce, and to eliminate if possible, the payments
required to liquidate any unamortized balance of a
solvency deficiency disclosed by the initial valuation
or a subsequent valuation.
2. When no solvency deficiency remains, the amount
of the gain shall be applied to reduce, and to elimi-
nate if possible, a going concern unfunded actuarial
liability disclosed by a valuation after the initial
valuation.
3. When no other going concern unfunded actuarial
liability remains, the amount of the gain shall be
applied to reduce, and to eliminate if possible, the
unliquidated amount of the going concern unfunded
actuarial liability disclosed by the initial valuation.
(3) In determining any solvency gain or solvency deficiency ^^^^^1^^^ ^
of the Plan, solvency assets shall include the present value of SilTncy^
future special payments resulting from the initial valuation. asset
12
Bill 36
PUBLIC SERVICE PENSION
1989
When special
payments
cease
(4) When the special payments made as a result of the ini-
tial valuation, the prepayments and additional payments made
under subsection 10 (7), and the actuarial gains applied under
paragraph 3 of subsection (2) have liquidated the going con-
cern unfunded actuarial liability disclosed by the initial valua-
tion, no further special payments shall be made, notwithstand-
ing that the period of forty years used in the initial valuation
has not then expired.
Minister to
approve
valuation
(5) No valuation of the Plan after the initial valuation shall
be filed by the Board with the Pension Commission of
Ontario until the Minister has advised the Board in writing
that he or she agrees that the valuation be filed.
Payment of
pensions
under other
Acts
R.S.O. 1980.
cc. 419, 490
12. Every allowance, annuity, deferred annuity or other
payment under the Public Service Superannuation Act or a
predecessor Act or under the Superannuation Adjustment
Benefits Act, including any payment authorized to be made
from the Consolidated Revenue Fund, that, before the 1st day
of January, 1990, a person is receiving, is entitled to receive,
or is entitled to receive with the payment thereof deferred
until the year 1990 or later, shall be paid out of the Fund in
accordance with the Act under which entitlement to the pay-
ment arose.
Expiry of jj, Qn the 31st day of December, 1989, the term of
appomtments ^ppQJntment of any person under the Public Service Superan-
nuation Act as a member of the Public Service Superannuation
Board expires.
Continued
application
Exception
for re-
employment
14. — (1) The Public Service Superannuation Act, as it read
on the 31st day of December, 1989, continues to apply to the
computation or payment of every allowance, annuity, defer-
red annuity or payment to the payment of which a person has
become entitled under that Act prior to that date, and contin-
ues to apply in respect of every person who, within the mean-
ing of that Act, has ceased to be a contributor before that
date and is entitled to a deferred annuity under that Act.
(2) A person mentioned in subsection (1) who is re-
employed in the service of the Crown or who becomes a mem-
ber of the Plan, on or after the 1st day of January, 1990, for a
prescribed period of time and in prescribed circumstances,
terms or conditions, and who is required by, or entitled
under, the Plan to contribute to the Fund in respect of such
re-employment, may participate in the Plan to the extent pre-
scribed with respect to the computation or payment of a pen-
sion or other payment and subsection (1) does not apply in
the circumstances.
1989
PUBLIC SERVICE PENSION
Bill 36
13
(3) The Lieutenant Governor in Council may make regu- Regulations
lations prescribing a period or periods of time and prescribing
circumstances, terms or conditions and the extent of participa-
tion in the Plan for the purpose of subsection (2).
15. The provisions of the Superannuation Adjustment Ben- Rso. i980,
efits Act relating to the payment of, or contribution for, fotppiy^^'^'
adjustment benefits or any other benefit described in that Act
in respect of any allowance, annuity, deferred annuity or
other payment arising under the Public Service Superannua- Rso. 1980,
tion Act cease to apply on and after the 1st day of January, ^' ^^'^
1990.
16. — (1) A contributor as defined in the Public Service p^^^-
Superannuation Act who, ^^ iremen
marnage
(a) is being paid an allowance or annuity under that
Act;
(b) has no spouse entitled to a survivor allowance under
section 20 of that Act; and
(c) becomes the spouse of a person who would not be
entitled on the death of the contributor to a survi-
vor allowance under section 20 of that Act,
may in writing direct the Board to pay to the person, if he or
she survives the death of the contributor, a survivor allowance
under section 20 of that Act for life of 50 per cent, 55 per
cent, 60 per cent, 65 per cent, 70 per cent or 75 per cent of
the allowance or annuity received by the contributor immedi-
ately before his or her death.
(2) A direction mentioned in subsection (1) must be deliv-
ered to the Board,
Time limit
(a) within ninety days after the date on which the con-
tributor became the spouse of the person to whom
the survivor allowance is directed to be paid; or
(b) if immediately before the person becomes the
spouse of the contributor there is a child of the con-
tributor who would be entitled on the contributor's
death to receive an allowance under the Public
Service Superannuation Act, within ninety days after
the date the child ceases to be entitled to receive
the allowance;
(c) the 30th day of June , 1 990; or
14
Bill 36
PUBLIC SERVICE PENSION
1989
(d) the last day of the sixth month following the month
in which this Act receives Royal Assent.
Exception (3) jhc Board may accept a direction delivered after the
time mentioned in subsection (2) if the Board is satisfied that
the contributor is in good health having regard to his or her
age.
Actuarial
reduction of
allowance
R.S.O. 1980,
c. 419
(4) The annuity or allowance payable to a contributor who
has given a direction in accordance with this section shall be
actuarially reduced in a manner approved by the Board to
reflect the survivor allowance directed to be paid and, subject
to subsection (5), and to section 20 of the Public Service
Superannuation Act, the survivor allowance shall be paid in
the percentage specified in the direction to the spouse if he or
she survives the death of the contributor.
Prior interest
of child
(5) A survivor allowance under this section shall not be
paid while there is a child of the deceased contributor entitled
to receive an allowance as a result of the death of the contri-
butor.
Refund when
no survivor
allowance
payable
(6) If a contributor who is in receipt of an allowance or
annuity dies survived by a child or children under eighteen
years of age or by a spouse from whom the contributor is not
living separate and apart, and if none of them is entitled to a
survivor allowance under section 20 of the Public Service
Superannuation Act, this section or that Act as a result of the
death of the contributor, the amount, if any, by which twice
the total of contributions made under the Public Service
Superannuation Act to the Public Service Superannuation
Fund by or on behalf of the contributor and of the interest
credited in that Fund to the contributor exceeds the total
payments made from the Fund and the Public Service
Superannuation Fund to the contributor shall be paid from the
Fund to the surviving spouse, or if there is no surviving
spouse, to the child or children, if any, of the contributor
under eighteen years of age at the contributor's death.
Repeals |7, — (1) The following are repealed on the 1st day of
January, 1990:
1. The Public Service Superannuation Act, being
chapter 419 of the Revised Statutes of Ontario,
1980, excluding subsection 20 (7).
2. Item 13 of the Schedule to the Revised Statutes
Amendment Act, 1981, being chapter 66.
1989 PUBLIC SERVICE PENSION Bill 36 15
3. The Public Service Superannuation Amendment Act,
1983, being chapter 44.
4. Section 3 of the Provincial Judges and Masters
Statute Law Amendment Act, 1983, being chapter
78.
5. The Public Service Superannuation Amendment Act,
1984, being chapter 22.
6. Section 74 of the Family Law Act, 1986, being
chapter 4.
7. The Public Service Superannuation Amendment Act,
1986, being chapter 12.
8. Section 60 of the Equality Rights Statute Law
Amendment Act, 1986, being chapter 64.
(2) Subsection 20 (7) of the Public Service Superannuation ^^^"^
Act is repealed on the 31st day of December, 1989. -^^
18. This Act comes into force on the 31st day of Decem- Commence-
— — „ -^ ment
ber, 1989.
19. The short title of this Act is the Public Service Pension short title
Act, 1989.
16 Bill 36 PUBLIC SERVICE PENSION 1989
SCHEDULE 1
PUBLIC SERVICE PENSION PLAN
Definitions 1, In this Schedule,
"actuary" means a Fellow of the Canadian Institute of Actuaries;
"annual salary rate" means the hourly, weekly or other rate at which a per-
son's salary is paid expressed as an annual salary according to such con-
sistently applied formula as the Board considers appropriate having
regard to the hours regularly worked by a full-time employee in the
position occupied by the person for whom the annual salary rate is
determined or in a comparable position;
"average annual salary" means the average of the member's annual salary
rate in each month of the period of sixty consecutive months of mem-
bership in the Plan that produces the highest average, but if the member
does not have a period of sixty consecutive months of membership in
the Plan, "average annual salary" means the average of the member's
annual salary rate in each month of the member's longest period of con-
secutive months of membership in the Plan;
"average year's maximum pensionable earnings", with respect to any mem-
ber, means the average of the Year's Maximum Pensionable Earnings
R.S.C. 1985, under the Canada Pension Plan for the year in which the member ceases
c. C-8 to be a member of the Plan and for each of the two preceding years;
"Board" means the Public Service Pension Board referred to in this Sched-
ule;
1986, c. 4 "child" has the same meaning as in the Family Law Act, 1986;
"continuous", in relation to employment, membership or service, means
without regard to periods of temporary suspension of the employment,
membership or service, and without regard to periods of lay-off from
employment;
"credit", when used in reference to credit in the Plan, means the total
period of time, calculated in years of full-time employment, for which
contributions are made to the Fund on behalf of the member or for
which a member is employed and for which contributions to the Fund
have been made, and where the member's employment is less than full-
time employment, credit shall be given on the basis of the proportion of
full-time employment represented by the member's employment for
which contributions are made to the Fund;
"Crown" means the Crown in right of Ontario;
"employer" means,
(a) the Crown,
(b) an agency, board, commission, foundation or organization desig-
nated by order of the Lieutenant Governor in Council as an
employer for the purposes of the Plan,
(c) the Provincial Auditor, and
(d) the employer of persons required by any Act of the Legislature
to be members of this Plan or the pension plan established by
the Public Service Superannuation Act or a predecessor Act; '*■
1989 PUBLIC SERVICE PENSION Bill 36 17
"former member" means a person who has ceased to hold a position, office
or designation that entitles the person to be a member of the Plan, and
who,
(a) is entitled, either immediately or at a future time, to payment of
a pension under the Plan, or
(b) is entitled to receive any other payment under the Plan;
"Fund" means the Public Service Pension Fund;
"member" means a person,
(a) who is required to join the Plan,
(b) who is designated for the purpose of section 9 of the Plan, or
(c) who is not required to join the Plan, but is entitled to join the
Plan and has elected to do so,
but does not include a former member;
"Minister" means the Chairman of the Management Board of Cabinet;
"pension" means a pension benefit that is being paid to a person under the
Plan;
"pension benefit" means the aggregate monthly, annual or other periodic
amounts, if any, to which a member will become entitled under the Plan
on or after ceasing to be a member or to which any other person will
become entitled under the Plan upon the death of a member or former
member;
"Plan" means the Public Service Pension Plan set out in this Schedule;
"salary", in relation to a member, means the amount of money payable to
a member and computed by reference to the hours, days, weeks or
other specific periods of time for which the member is employed, but
does not include overtime pay or any payment to the member in lieu of
a benefit provided by the employer or any payment determined by the
Board not to be part of a member's salary;
"spouse" means either of a man and woman who,
(a) are married to each other, or
(b) are not married to each other and are living together in a conju-
gal relationship,
(i) continuously for a period of not less than three years, or
(ii) in a relationship of some permanence, if they are the natu-
ral or adoptive parents, as defined in the Family Law Act, 1986, c. 4
1986, of a child;
"Treasurer" means the Treasurer of Ontario and Minister of Economics.
2. — (1) The following persons and classes of persons who have not Plan
attained sixty-five years of age are members of the Plan: members
1. Persons who are civil servants within the meaning of the Public R.S.O. 1980,
Service Act. ^- '*^°
18
Bill 36
PUBLIC SERVICE PENSION
1989
R.S.O. 1980,
c. 419
Elective
membership
R.S.O. 1980,
c. 418
Idem
Termination
of
membership
R.S.C. 1952,
c. 148
Persons not
entitled to be
members
R.S.C. 1985,
c. C-8
2. A class of employees of any agency, board, commission, foundation
or organization that is established under an Act of the Legislature and
that is designated by order of the Lieutenant Governor in Council as
one whose employees in that class are required to be members of the
Plan. ^fc-
3. Persons employed in the Office of the Provincial Auditor.
4. Persons required by any Act of the Legislature to be members of this
Plan or the pension plan established by the Public Service Superannu-
ation Act or a predecessor Act.
5. Any person employed in a capacity or position that is designated by
order of the Lieutenant Governor in Council as requiring the
employee to be a member of the Plan.
(2) Persons to whom subsection (1) does not apply and who are
employed,
(a) by the Crown under the Public Service Act;
(b) by an agency, board, commission, foundation or organization desig-
nated by order of the Lieutenant Governor in Council as one whose
employees in a designated class are members of the Plan; or
(c) by an agency, board, commission, foundation or organization the per-
manent and full-time probationary staff of which are by any Act
required to be members of the Plan,
are entitled to be members of the Plan upon filing with the Board a written
election to be a member, and after fulfilling any conditions specified in the
order mentioned in clause (b).
(3) A person appointed by the Lieutenant Governor in Council to
membership on an agency, board, commission, foundation or organization
is, when the appointment so permits or the position has been designated by
the Lieutenant Governor in Council for the purpose of this subsection, enti-
tled to be a member of the Plan upon filing with the Board a written elec-
tion to be a member, and after fulfilling any conditions specified in the
appointment or designation.
3. A member ceases to be a member of the Plan upon termination by
death or otherwise of the employment, office or circumstances that required
or entitled him or her to be a member of the Plan or upon attaining the
maximum age for contributors to a pension fund or plan specified under the
provisions of the Income Tax Act (Canada) and regulations made there-
under for the registration under that Act of a pension fund or plan.
4. A person is not entitled to be a member of the Plan if the person,
(a) is a member of, or a contributor to, a pension plan to which the
Crown contributes other than this Plan or the Canada Pension Plan;
(b) has attained the maximum age for contributors to a pension fund or
plan specified under the provisions of the Income Tax Act (Canada)
and regulations made thereunder for the registration under that Act
of a pension fund or plan.
Contributions 5. — (1) Subject to section 7, contributions required to be made under
to and this Plan by an employer or by any member, including interest required to
payments
from Fund
1989
PUBLIC SERVICE PENSION
Bill 36
19
be paid to the Fund, shall be paid into the Fund, and any payment required
by the Plan to be made to any person shall be made out of the Fund, and
all moneys not required to be paid out shall be invested to meet the obliga-
tions and liabilities of the Plan.
(2) The fiscal year of the Plan is the twelve-month period commencing Fiscal year
on the 1st day of January in each year.
6.— (1) Subject to subsection (5), every member shall contribute to the Contributions
Fund from the salary paid to the member for the calendar year, by members
(a) 8 per cent of the amount of salary that does not exceed the Year's
Basic Exemption as prescribed by the Canada Pension Plan; R.S.C. 1985,
c. C-8
(b) 6.2 per cent of the amount of salary that exceeds the Year's Basic
Exemption and does not exceed the Year's Maximum Pensionable
Earnings as prescribed by the Canada Pension Plan; and
(c) 8 per cent of the amount of salary in excess of the Year's Maximum
Pensionable Earnings as prescribed by the Canada Pension Plan.
(2) In addition to the contribution required by subsection (1), every Additional
member employed in the Ontario Provincial Police Force shall contribute to contribution
the Fund an amount equal to 2 per cent of the salary paid to him or her for
the calendar year.
(3) The contributions to be made by a member to the Fund shall be Deduction of
deducted from the member's salary by the person who pays the member's contributions
salary, and shall be paid to the credit of the Fund within fifteen days from
the date the contribution was deducted or within such longer time as the
Board authorizes in writing.
(4) A member shall be given credit in the Plan for the time in respect Credit for
of which contributions to the Fund are made by or on behalf of the contributions
member.
(5) A member may cease to contribute to the Fund on or after attain- When no
ing sixty-five years of age. contribution
required
(6) Interest calculated as determined by the Board shall be credited to Interest
each member in each year of the Plan on the amount of contributions,
including interest previously credited to the member, standing to the
member's credit in the Fund.
7. — (1) Unless otherwise expressly stated in the Plan, for each month Contributions
the employer shall pay into the Fund an amount equal to the amount of by employer
contributions paid into the Fund by or on behalf of members in that month.
(2) If the salary of members who are contributing to the Fund is paid Special funds
by a board, commission, foundation, agency, branch or division that has a
special fund or appropriation designated or granted by the Lieutenant Gov-
ernor in Council or the Assembly for the payment of the employer's contri-
butions under the Plan, contributions required to be made by the employer
shall be made from that fund or appropriation in accordance with such for-
mula as may be determined by the Minister for the purpose.
(3) Any amount in the Fund that is indicated by an actuarial valuation Surplus may
for the purpose of the Plan to be surplus to the requirements of the Plan reduce
while it continues in existence may, at the direction of the Minister, be empoyer
1- J 1 ^ . ■' ., . , , , , , contributions
applied to the payment of the contributions to be made by the employer
under subsection (1) for so long as there is no going concern unfunded actu-
20
Bill 36
PUBLIC SERVICE PENSION
1989
Surplus
1987, c. 35
Deficiency
Limitation
Unfunded
liabilities
arial liability or solvency deficiency, as defined in subsection 8 (1) of this
Act, in the Plan.
(4) Any amount in the Fund that is indicated by an actuarial valuation
for the purpose of the Plan to be surplus to the requirements of the Plan
while it continues in existence or upon its wind up may, to the extent per-
mitted by the Pension Benefits Act, 1987, be withdrawn by the employer
from the Fund.
(5) If in any year the amount of cash and assets capable of sale in the
Fund is insufficient to meet the payments out of the Fund in the year after
the sale of the assets capable of sale, the Treasurer shall pay from the
Consolidated Revenue Fund an amount sufficient to make up the
deficiency.
(6) Subsection (5) ceases to apply if an agreement mentioned in sub-
section 6 (5) of this Act is in force.
(7) Subject to this Act, the employer shall pay into the Fund the
amount indicated in an actuarial valuation to be required to meet any
unfunded liabilities of the Plan.
Leave of
absence with
pay
Leave of
absence
without pay
Continued
membership
on release
from
employment
Contributions
Long term
income
protection
R.S.O. 1980,
c. 418
Contribution
on behalf of
disabled
member
Amount
8. — (1) If a member has been granted a leave of absence from employ-
ment and continues to receive a part or all of his or her salary during the
leave, the member shall make the contributions required by section 6.
(2) If a member is granted a leave of absence from employment and
receives no salary during the leave, no credit shall be given to the member
in the Plan for the period of the leave of absence unless the member contri-
butes to the Fund in accordance with section 11.
9. — (1) A member who is released from employment and who is desig-
nated by the Lieutenant Governor in Council for the purpose of this section
continues to be entitled to contribute to the Fund in accordance with this
section until the end of the month in which the member becomes eligible
for a pension under section 15, or until the expiration of five years from the
member's release from employment, whichever first occurs.
(2) Contributions by or on behalf of a member mentioned in subsection
(1) shall be made on the basis of the member's annual salary rate immedi-
ately before the member was released from employment.
10. — (1) In this section, "long term income protection plan" means the
Long Term Income Protection Plan from time to time applicable to mem-
bers who are public servants, as defined in the Public Service Act, to miti-
gate the loss of income resulting from a lengthy disability, and includes any
plan that applies to members who are not public servants if the Board con-
siders the plan to be substantially similar to the Long Term Income Protec-
tion Plan applicable to public servants.
(2) If a member qualifies for a benefit under a long term income pro-
tection plan as a result of a disability incurred on or after the 1st day of
July, 1974, the employer that employed the member on the date when the
member qualified for the benefit shall, subject to subsection (6), contribute
to the Fund on behalf of the member the amounts set out in subsections
(3), (4) and (5) while the member continues to qualify for the benefit.
(3) Subject to subsection (4), the contributions mentioned in subsection
(2) shall be calculated in accordance with section 6 and paid on the annual
salary rate of the member immediately before the disability was incurred in
resp)ect of which he or she qualifies for a benefit.
1989
PUBLIC SERVICE PENSION
Bill 36
21
(4) If the member mentioned in subsection (2) was, in the opinion of
the Board, employed on a part-time basis in the month before the disabiUty
was incurred, the contributions mentioned in subsection (2) shall be calcu-
lated in accordance with section 6 and paid only for that part of each month
in which the member continues to qualify for the benefit that is equal to the
ratio that, in the twelve months ending on the last day of the month imme-
diately preceding the month when the disability was incurred, the member's
part-time employment is of full-time employment in the position occupied
by the member or in a comparable position.
(5) The annual salary rate on which contributions under this section are
based shall be increased in each year following the year in which the mem-
ber first qualified for a benefit by the same percentage as would be applic-
able if the annual salary rate of the member immediately before the cessa-
tion of employment as a result of disability were increased in each
subsequent year during which the member remains entitled to benefits
under the Long Term Income Protection Plan in the same manner as an
adjusted pension is increased in each year by the adjustment for inflation
under section 24.
Part-time
employment
Increased
contribution
(6) Subsections (2), (3), (4) and (5) continue to apply whether or not
the member is in receipt of the benefit under the Long Term Income Pro-
tection Plan, but those subsections cease to apply when the member ceases
to be a member, accrues thirty-five years of credit in the Plan or attains
sixty-five years of age, whichever first occurs.
(7) A person on whose behalf contributions are made under subsection
(2) continues to be a member of the Plan and to accrue credit in the Plan
for the time in respect of which contributions are made on his or her behalf
under this section.
When
contributions
cease
Continued
membership
(8) The annual salary rate on which contributions are based under this Average
section shall be included in the computation of the average annual salary of annual salary
a member on whose behalf contributions are made under this section.
11. — (1) On such terms and conditions as are fixed by the Board, a Prior service
member may purchase credit in the Plan, ^'^'^ *^^
Crown, etc.
(a) for a period of active service during World War II or the Korean War
in His or Her Majesty's naval, army or air forces, in the Canadian or
British merchant marine, or in any naval, army or air force that was
allied with His or Her Majesty's forces and that is designated by
order of the Lieutenant Governor in Council;
(b) for a period of service with an employer who contributed to the Fund
or a predecessor fund throughout the period, and for which the mem-
ber has no credit in the Plan and no claim for pension benefits from
the Plan;
(c) for a period of employment by a person who did not contribute to
the Fund or a predecessor fund for the period, if the period is before
the member's becoming a member and if,
(i) during that period of service, the person provided to employees
a pension plan that is or was a pension plan registered under the
Income Tax Act (Canada), and
(ii) the period, if any, for which credit in the plan referred to in sub-
clause (i) was given to the member is reduced by the period for
which credit in the Plan is purchased so that credit in the Plan is
not given for any part of the period for which credit is retained
in the plan referred to in subclause (i);
R.S.C.
c. 148
1952,
22
Bill 36
PUBLIC SERVICE PENSION
1989
Payment
Idem
Idem
Idem
Limitation
Instalments
Matching
payments
required
(d) for a leave of absence without pay for more than one month for
special or educational purposes; or
(e) for a leave of absence without pay for more than one month because
of illness, pregnancy or adoption of a child.
(2) To purchase credit referred to in clause (1) (c), a member shall pay
to the Fund the amount determined by the Board on the recommendation
of the actuary to be equal to the actuarial value of the additional expected
benefits to which the member will become entitled because of obtaining the
credit.
(3) To purchase the credit referred to in clause (1) (b) or (e), a mem-
ber shall pay to the Fund an amount equal to the product of,
(a) the annual salary rate of the member on the date when the member's
written application containing all information required by the Board
for the purchase of the credit is received by the Board;
(b) the contribution rates determined under subsection 6 (1); and
(c) the length in years of the period of prior service for which credit is
purchased.
(4) Despite subsection (3), if any payment has been made from the
Fund or a predecessor fund in respect of the service for which credit is
being purchased under clause (1) (b), and if the total amount paid, includ-
ing interest thereon at such rate as the Board determines, exceeds the
amount determined under subsection (3) for the purchase of that credit in
the Plan, the member making the purchase shall pay the higher amount.
(5) To purchase credit referred to in clause (1) (a) or (d), a member '
shall pay to the Fund an amount equal to the product of,
(a) the annual salary rate of the member on the date when the member's
written application containing all information required by the Board
for the purchase of the credit is received by the Board;
(b) twice the contribution rates determined under subsection 6 (1); and
(c) the length in years of the period of prior service for which credit is
purchased.
(6) Any credit referred to in subsection (1) may be purchased only if
application therefor is made to the Board in writing within twenty-four
months after the latest of,
(a) the day on which the member for whom credit is to be purchased
became a member of the Plan;
(b) the last day of the most recent continuous period for which credit is
being purchased; or
(c) the 31st day of December, 1989.
(7) If the amount payable by a member to purchase credit under this
section exceeds $500, the amount may be paid in such number of instal-
ments of principal and interest over a period of not more than ten years as
the Board permits in accordance with terms and conditions established for
instalment payments and for the completion of payment on the death or
retirement from employment of the member.
(8) The employer is not required to pay to the Fund an amount equal
to a payment made by any person under subsection (2), (5) or section 36.
1989
PUBLIC SERVICE PENSION
Bill 36
23
12. The Board shall cause a record to be kept of each member's contri- Contribution,
butions to the Fund, of the total period of service for which a member has salary and
credit in the Plan, and of the annual salary rates of each member while a ^^|7'*!f
member and of all other information necessary for the administrative,
actuarial and financial requirements of the Plan.
record
13. — (1) A member who has not attained sixty-five years of age and Refunds
who ceases to be a member of the Plan before completing a continuous before
period of twenty-four months of membership and with credit in the Plan of twenty-four
less than two years is entitled to the refund provided by either or both of membership
subsections (12) and (13), as the case requires.
(2) A member who has not attained sixty-five years of age and who Refund
ceases to be a member of the Plan after completing a continuous period of before ten
twenty-four months of membership or with two or more years of credit in y^^^^
the Plan and before completing ten years of continuous membership and '"^'"''^'^^"'P
with credit in the Plan for less than ten years is entitled to the refund pro-
vided by subsection (12).
(3) A member who, for reasons other than the member's death or disa- Refund
bility, ceases to be a member of the Plan before attaining forty-five years of before age
age and after completing a continuous period of ten or more years of mem- fo^y-five
bership or with ten or more years of credit in the Plan is entitled to the
refund provided by subsection (12) if the member does not elect a deferred
pension in respect of his or her credit in the Plan for service or membership
prior to the 1st day of January, 1987.
(4) A member who has attained sixty-five years of age and who ceases Refund after
to be a member of the Plan before completing a continuous period of age sixty-five
twenty-four months of membership and with credit in the Plan of less than
two years is entitled to the refund provided by either or both of subsections
(12) and (13), as the case requires, and to the payment provided by sub-
section (14).
(5) A member who has attained sixty-five years of age and who ceases Idem
to be a member of the Plan after completing a continuous period of twenty-
four months of membership or with two or more years of credit in the Plan
and before completing ten years of continuous membership and with credit
in the Plan for less than ten years is entitled to the refund provided by sub-
section (12) and to the payment provided by subsection (14).
(6) When the cessation of membership referred to in subsection (1), Refund on
(2), (4) or (5) occurs because of the death of the member, and the member death where
is not survived by a child or children under eighteen years of age or by a "° survivor
spouse from whom the member is not living separate and apart at the mem-
ber's death, the refund mentioned in those subsections, but not a payment
described in subsection (14), shall be paid to the member's estate.
(7) If a member dies while a member of the Plan and after completing Idem
a continuous period of ten or more years of membership or with ten or
more years of credit in the Plan and, if the member is not survived by a
child or children under eighteen years of age or by a spouse from whom the
member is not living separate and apart at the member's death, the mem-
ber's estate is entitled to be paid the refund provided by subsection (12).
(8) Despite subsections (1), (2), (4) and (5), if the cessation of mem-
bership referred to in those subsections occurs because of the death of the
member, and the member is survived by a child or children under eighteen
years of age or by a spouse from whom the member is not living separate
and apart, the spouse, or if there is no such spouse surviving, the child or
children under eighteen years of age is or are, as the case requires, entitled.
Refund on
death to
survivor
24
Bill 36
PUBLIC SERVICE PENSION
1989
Refund when
contributions
exceed
pension
Idem
Refund for
disabled
member
Pre-1987
service
refund
Post- 1986
service
refund
Additional
payment
(a) if the death is a cessation of membership referred to in subsection (1)
or (4), to the refund provided by either or both of subsections (12)
and (13) and to the payment provided by subsection (14); or
(b) if the death is a cessation of membership referred to in subsection (2)
or (5), to the refund provided by subsection (12) and to the payment
provided by subsection (14).
(9) The amount, if any, by which the total of contributions made to
the Fund by or on behalf of a member and the interest credited to the
member under subsection 6 (6) exceeds the total payments made from the
Fund to the member as a former member and as a survivor pension to the
former member's spouse or child or children as a result of the former mem-
ber's death shall be paid to the former member's estate.
(10) Despite subsection (9), if a former member who is in receipt of a
pension dies survived by a child or children under eighteen years of age or
by a spouse from whom the former member is not living separate and
apart, and if none of them is entitled to a survivor pension under the Plan
as a result of the death of the former member, the amount, if any, by
which the aggregate of such of the amounts mentioned in subsections (12)
and (13) as are applicable and of the additional amount mentioned in sub-
section (14) exceeds the total payments made from the Fund to the former
member shall be paid to the surviving spouse, or if there is no surviving
spouse, to the child or children, if any, of the former member under eigh-
teen years of age at the former member's death.
(11) Despite subsections (1), (2), (4) and (5), a member with credit in
the Plan for less than ten years and with less than ten years of continuous
membership in the Plan who ceases to be a member because of a mental or
physical incapacity that is found by the Board to have rendered the member
unable to perform his or her duties is entitled to be paid from the Fund the
amount, if any, by which,
(a) the aggregate of such of the amounts mentioned in subsections (12)
and (13) as are applicable and of the additional amount mentioned in
subsection (14),
exceeds,
(b) the aggregate of the amount of the commuted value of any pension
benefit for which the member is eligible and the amount of any
refund to which the member is entitled under subsection (15).
(12) A person entitled to a refund provided by this subsection is enti-
tled to be paid from the Fund an amount equal to the total of the contribu-
tions made to the Fund or a predecessor fund by or on behalf of the mem-
ber in respect of employment or service for any period before the 1st day of
January, 1987, together with the interest credited in the Fund to the mem-
ber.
(13) A person entitled to a refund provided by this subsection is enti-
tled to be paid from the Fund an amount equal to the total of the contribu-
tions made to the Fund or a predecessor Fund by or on behalf of the mem-
ber in respect of employment or service for any period after the 31st day of
December, 1986, together with interest credited in the Fund to the member.
(14) A person entitled to a payment provided by this subsection is enti-
tled to be paid from the Fund an additional amount equal to,
(a) the amount of a refund to which the person is also entitled under
either or both of subsections (12) and (13),
1989
PUBLIC SERVICE PENSION
Bill 36
25
less,
(b) any portion of the amount of the refund that is attributable to a pay-
ment made by the person under subsection 1 1 (2) or (5) or section 36
and interest credited to the member in respect thereof.
(15) The amount by which the total of the contributions, other than 50 per cent
contributions made under subsection 11 (2) or (5) or section 36, made to ""ule
the Fund by or on behalf of a member in respect of employment or service
for any period after the 31st day of December, 1986 and the interest cred-
ited to the member in the Fund on those contributions exceeds one-half of
the commuted value, excluding credit in the Plan for contributions made
under subsection 11 (2) or (5) or section 36 in respect of employment or
service after the 31st day of December, 1986, of the pension or deferred
pension in respect of that employment or service to which the member is
entitled on ceasing to be a member shall be refunded to the former mem-
ber.
Q6) The amount by which the total of the payment to the Fund made
under subsection 11 (2) or (5) or section 36 and the interest credited to the
member on that payment in accordance with the Pension Benefits Act, 1987
exceeds the commuted value of the credit in the Plan that was purchased
with that payment and that is included in a deferred pension that the mem-
ber has elected to transfer under subsection 16 (6) shall be refunded to the
former member. -*►
Excess past
service
payments
refunded
1987, c. 35
(17) A payment or refund to be made under this section shall be paid
in a lump sum payment.
(J8) A refund made under this section, other than subsection (15),
reduces the member's or former member's credit in the Plan by the period
of time in respect of which the refund is calculated.
Lump sum
payments
Credit
reduced
(19) For the purpose of subsections (6), (7), (8) and (9), a child shall Interpretation
not be deemed to have attained eighteen years of age if the child would
not, for the purpose of section 23, be deemed to have attained that age.
14. — (1) Every member with ten or more years of credit or with ten or
more years of continuous membership in the Plan who is found by the
Board to be unable to perform his or her duties by reason of mental or
physical incapacity is entitled to a disability pension under this section upon
applying therefor to the Board and upon resigning from employment.
(2) The Board may at any time review the case of any former member
to whom a pension under subsection (1) is paid and, if, in the opinion of
the Board, the former member has recovered sufficiently to perform his or
her former duties, or to perform other duties in the public service, the
Board shall report the case to the Human Resources Secretariat and to the
ministry, agency or other organizational unit where the former member was
employed immediately before his or her disability, and the former member
shall be considered for re-employment.
(3) If a former member to whom a pension under this section is paid is
offered re-employment after the review referred to in subsection (2), the
former member ceases to be entitled to receive payment of any further pen-
sion under this section whether or not the offer of re-employment is
accepted.
(4) The termination of the payment of a pension under this section in
accordance with subsection (3) does not affect a former member's right to
apply for a pension for which he or she is eligible under any other provision
of the Plan.
Disability
pension
Review by
Board
Re-
employment
Other
pension
entitlement
not affected
26
Bill 36
PUBLIC SERVICE PENSION
1989
Pension at
age sixty-five
Pension at
age sixty
Ninety-year
rule
Retirement
from O.P.P.
Payment
15. — (1) Every member who has twenty-four or more months of contin-
uous membership in the Plan or who has two or more years of credit in the
Plan and who ceases to be a member of the Plan on or after attaining
sixty-five years of age is entitled to a pension computed in accordance with
the Plan, except that, if the member has less than ten years of continuous
membership and has credit in the Plan for less than ten years, the pension
shall be computed only on his or her credit in the Plan for employment or
service after the 31st day of December, 1986.
(2) Every member who has at least twenty years of credit in the Plan
and who ceases to be a member of the Plan on or after attaining sixty years
of age is entitled to a pension computed in accordance with the Plan.
(3) Every member who has credit in the Plan for a period of time that,
when added to the member's age on the date the member ceases to be a
member of the Plan, totals at least ninety years is entitled to a pension
computed in accordance with the Plan.
(4) Every member who has at least thirty years of credit in the Plan,
who is a member of the Ontario Provincial Police Force when he or she
ceases to be a member of the Plan, and who ceases to be a member of the
Plan on or after attaining fifty years of age is entitled to a pension com-
puted in accordance with the Plan.
(5) Payment of a pension to which a member is entitled under this sec-
tion shall commence in the month following the month when the member
ceases to be a member of the Plan.
Deferred
pension
Payment of
pension
under
subs. (1)
Pre- 1966
credit
Payment of
pension
under
subs. (3)
16. — (1) Every member who has twenty-four or more months of contin-
uous membership in the Plan or two or more years of credit in the Plan, ■
who ceases to be a member, and who is neither in receipt of a pension pro-
vided for in section 14 nor entitled to a pension provided for in section 15
is entitled to a pension computed in accordance with the Plan, except that,
if the member has less than ten years of continuous membership and has
credit in the Plan for less than ten years, the pension shall be computed
only on his or her credit in the Plan for employment or service after the
31st day of December, 1986.
(2) Payment of the pension provided for in subsection (1) shall com-
mence in the month following the month when the former member will
attain sixty-five years of age or, if the former member so elects in writing to
the Board, payment of the pension shall, subject to the reductions men-
tioned in section 17, commence in the month following any month that is
not earlier than the month when the former member will attain fifty-five
years of age or later than the month when the former member will attain
sixty-five years of age.
(3) Every member who, on ceasing to be a member, has credit in the
Plan that is equal to a period of time commencing before the 1st day of
January, 1966 and ending with the day the member ceases to be a member,
and who is neither in receipt of a pension provided for in section 14 nor
entitled to a pension provided for in section 15, is entitled to a pension
computed in accordance with the Plan.
(4) Payment of the pension provided for in subsection (3) shall com-
mence in the month following the month when the former member will
attain sixty years of age or, if the former member so elects in writing to the
Board, payment of the pension shall, subject to the reductions mentioned in
section 17, commence in the month following any month that is not earlier
than the month when the former member will attain fifty years of age or
later than the month when the former member will attain sixty years of age.
1989
PUBLIC SERVICE PENSION
Bill 36
27
(5) An election made under subsection (2) or (4) may, with the
approval of the Board, be revoked by the member or former member and a
fresh election in writing to the Board may be made if the commencement of
payment therein provided for is neither earlier than the month following the
month when the fresh election is delivered to the Board nor earlier than is
permitted by subsection (2) or (4), whichever is applicable, and is not later
than the latest month permitted by subsection (2) or (4), whichever is
applicable, but no election may be revoked after payment of the pension is
due to commence.
Revocation
of election
(6) A former member who is entitled to a pension under subsection (1) Transfer of
or (3) and who has not attained fifty-five years of age in the case of a pen- commuted
sion mentioned in subsection (1) or has not attained fifty years of age in the ^^'"^ °*^
case of a pension mentioned in subsection (3) may require the commuted P^"^'°"
value of the pension to be paid, subject to section 43 of the Pension 1987, c. 35
Benefits Act, 1987 and to the regulations made under that Act,
(a) to the pension fund of another pension plan that agrees to accept the
payment;
(b) into a retirement savings arrangement prescribed under the Pension
Benefits Act, 1987; or
(c) for the purchase for the former member of a deferred life annuity
under which payments will not commence before the former member
attains fifty-five years of age, if the pension the commuted value of
which is paid is mentioned in subsection (1), or fifty years of age, if
the pension the commuted value of which is paid is mentioned in sub-
section (3), and if the contract to purchase the annuity meets the
requirements prescribed under the Pension Benefits Act, 1987.
17. — (1) Subject to subsections 15 (1) and 16 (1) and to the other sub-
sections of this section, the annual amount of every pension payable to a
former member is 2 per cent of the former member's average annual salary
multiplied by the former member's years of credit in the Plan, including any
fraction of a year, to a maximum of thirty-five years.
(2) The annual amount of pension payable to a former member who,
on ceasing to be a member, has credit in the Plan that is equal to a period
of time commencing before the 1st day of January, 1966 and ending with
the day the member ceases to be a member, who has not attained sixty-five
years of age, and while the former member is not in receipt of a disability
pension under the Canada Pension Plan shall be computed in accordance
with subsection (1) as though the reference to sixty consecutive months in
determining the former member's average annual salary were a reference to
thirty-six consecutive months and shall be paid, subject to the reduction
required by subsection (5), until the former member attains sixty-five years
of age or receives a disability pension under the Canada Pension Plan, and
upon the occurrence of either of those events, the former member's pension
shall be recomputed in accordance with subsection (1) without reference to
this subsection.
(3) When a former member,
(a) who is in receipt of a pension attains sixty-five years of age or
receives a disability pension under the Canada Pension Plan; or
(b) who is not in receipt of a pension commences to receive a pension on
or after attaining sixty-five years of age,
the annual amount of the pension computed under subsection (1) shall be
reduced by the product of.
Computation
of pension
Pension for
pre-1966
credit
R.S.C. 1985,
c. C-8
CPP
reduction
28
Bill 36
PUBLIC SERVICE PENSION
1989
Early
retirement
reduction
(c) 0.7 per cent of the lesser of,
(i) the former member's average annual salary, and
(ii) the former member's average year's maximum pensionable earn-
ings; and
(d) the number of years, including any fraction of a year, of the former
member's credit in the Plan for service on or after the 1st day of
January, 1966 to a maximum of thirty-five years.
(4) The annual amount of every pension provided for in subsection
16 (1) shall, after computation in accordance with subsection (1), be
reduced by five-twelfths of 1 per cent thereof for each month in the period
commencing with the first day of the month in which payment of the pen-
sion is to commence and ending with the last day of the month when the
former member will attain sixty-five years of age, and when the reduction
required by subsection (3) is calculated, the reduction required by this sub-
section applies only to the annual amount of pension payable after giving
effect to the reduction required by subsection (3) and shall, if applicable, be
recalculated on that basis.
Idem, pre- (5) The annual amount of every pension provided for in subsection
1966 credit \(f (3) shall, after computation in accordance with subsection (2), be
R.S.O. 1980, reduced as required by the Public Service Superannuation Act, as it read on
c. 419 the 31st day of December, 1965, and the reduction shall continue until the
former member attains sixty-five years of age or receives a disability pen-
R.S.C. 1985, sion under the Canada Pension Plan and, upon the occurrence of either of
c. C-8 those events, the former member's pension shall be recomputed in accord-
ance with subsection (1) and reduced as required by subsection (3), and the
annual amount of pension payable after that reduction shall be further
reduced by five-twelfths of 1 per cent thereof for each month in the period
commencing with the first day of the month in which payment of the pen-
sion commenced and ending with the last day of the month when the for-
mer member attained sixty years of age.
Guarantee (6) If the annual amount of pension computed in accordance with sub-
for pre- 1966 section (1),
credit
(a) less the reduction required by subsection (3) and, if applicable, sub-
section (5); and
(b) plus.
R.S.O. 1980,
c. 419
(i) the annual amount of any disability pension to the former mem-
ber from the Canada Pension Plan, or
(ii) the annual amount of pension that the former member would
have received from the Canada Pension Plan if that pension
commenced only on the former member's attaining sixty-five
years of age,
other than the part of that pension derived from contributions made
to the Canada Pension Plan after the former member ceased to be a
member of the Plan,
that is payable to a former member who,
(c) has credit in the Plan that is equal to a period of time commencing
before the 1st day of January, 1966 and ending with the day the for-
mer member ceased to be a member of the Plan; and
1989
PUBLIC SERVICE PENSION
Bill 36
29
R.S.O. 1980,
c. 419
Exception to
guarantee
Reduction
for survivor
pension
(d) has attained sixty-five years of age or is receiving a disability pension
under the Canada Pension Plan,
is less than the annuity or annual amount of allowance that would be pay-
able to the former member under the Public Service Superannuation Act, as
it read on the 31st day of December, 1965, in respect of the former mem-
ber's credit in the Plan, the amount of the difference shall be added to the
annual amount of the pension computed in accordance with subsection (1)
that is payable after making the reductions required by subsection (3) and,
if applicable, subsection (5).
(7) There shall be excluded from the period of time mentioned in sub-
section 16 (3) and subsections (2) and (6) any period of time for which a
former member has credit in the Plan and for which the former member
was employed by a person who did not, during or after that period of time,
contribute to the Fund or a predecessor fund under the Plan or the Public
Service Superannuation Act. -4^
(8) If, on the first day of the month when payment of the pension to a
former member is to commence, the former member has a spouse from
whom the former member is not living separate and apart, the annual
amount of the former member's pension computed in accordance with this
section, other than this subsection, shall be reduced in such manner as the
Board approves to reflect the following rules:
1. Determine the present value of the pension payable to the former
member and the spouse on the assumption that a survivor pension is
payable to the spouse equal to one-half of the former member's pen-
sion computed in accordance with this section, other than this subsec-
tion, that the survivor pension is payable for the lifetime of the sur-
viving spouse, and that, if the sfxjuse was not the spouse of the
former member when the former member ceased to be a member of
the Plan, no survivor pension is payable to the spouse.
2. Determine the reduction in the amount of the former member's
annual amount of pension computed in accordance with this section,
other than this subsection, that is required in order to provide to the
spouse of the former member, at the present value determined under
paragraph 1, the survivor pension provided by subsection 19 (1).
3. Reduce the annual amount of the former member's pension computed
in accordance with this section, other than this subsection, by the
amount of the reduction determined under paragraph 2.
(9) If a computation under this section involves a part of a year, the
part shall be determined on the basis of full months, and,
(a) any part of a month that is less than fifteen days shall be disregarded;
and
(b) any part of a month that is fifteen days or more shall be deemed to
be a month.
18. — (1) The Board is not required to commence payment of a pension Application
to which a person is entitled under the Plan until a written application is for pension
delivered to the Board setting out such information as is prescribed and
such information as is, in the opinion of the Board, necessary to establish
the person's entitlement to the pension and the amount thereof.
Computation
of partial
year
(2) Unless otherwise expressly provided in this Plan, a pension,
(a) is payable in monthly instalments for life; and
Payment
30
Bill 36
PUBLIC SERVICE PENSION
1989
(b) ceases to be payable after the month when the person in receipt of
the pension dies or entitlement to payment of the pension ceases.
Commutation (3) If a person is entitled to be paid a pension the annual amount of
of pension which, before the reductions mentioned in subsections 17 (4) and (5), is not
more than.
R.S.C. 1985,
c. C-8
1987, c. 35
(a) 2 per cent of the Year's Maximum Pensionable Earnings as prescribed
by the Canada Pension Plan; or
(b) such greater amount as is permitted by the Pension Benefits Act,
1987,
Pension to
surviving
spouse
in the year when the member for whose credit in the Plan the pension is
payable ceased to be a member of the Plan, the Board may pay the com-
muted value of the pension to the person.
19.— (1) Subject to subsections (2) and (3), if, on the first day of the
month in which payment of a pension to a former member is to commence,
the former member has a spouse from whom the former member is not liv-
ing separate and apart, the sjX)use is, if he or she survives the death of the
former member, entitled to be paid for his or her lifetime an annual
amount of pension equal to 60 per cent of the annual amount of pension
that the former member is entitled to receive in the month when the former
member dies, and payment thereof shall commence in the month following
the month when the former member dies.
Death before
age sixty-five
Waiver of
survivor
pension
(2) If a survivor pension under subsection (t) or subsection 21 (1) is
payable as the result of the death of a former member before attaining
sixty-five years of age and before the reduction of his or her pension in
accordance with subsection 17 (3), the annual amount of pension on which
the survivor pension is based shall be reduced in accordance with that sub-
section as though the former member had attained sixty-five years of age
immediately before his or her death.
(3) Despite subsection (1), a member or former member and the
spouse of the member or former member from whom the member or for-
mer member is not living separate and apart,
(a) may elect that the spouse receive a survivor pension under subsection
(1) of 50 per cent rather than 60 per cent if the member or former
member and the spouse are not or were not living separate and apart
when the member or former member ceases or ceased to be a mem-
ber of the Plan; or
(b) may waive the spouse's entitlement to a survivor pension under sub-
section (1) if the member or former member and the sf)ouse are or
were living separate and apart when the member or former member
ceases or ceased to be a member of the Plan,
1986, c. 4
Revocation
of waiver or
election
by delivering to the Board within twelve months prior to the month when
payment of the pension to the member or former member is to commence a
written direction in the form approved by the Board and signed by both of
them or a certified copy of a domestic contract, within the meaning of Part
IV of the Family Law Act, 1986, containing the election or waiver.
(4) Persons who have delivered a waiver or election under subsection
(3) may jointly cancel the waiver or election by written notice of cancella-
tion signed by them and delivered to the Board before the month when the
pension is to commence to be paid to the member or former member.
1989
PUBLIC SERVICE PENSION
Bill 36
31
(5) The reduction required by subsection 17 (8) shall not be made if an Reduction
election or waiver made as permitted by subsection (3) is in force in the "o* ^° ^^
month when the pension is to commence to be paid to the member or ^^'^^
former member.
(6) On the death of a spouse to whom a survivor pension is paid under
this section, section 20 or 23, an annual amount of pension equal to that
survivor pension is payable to or among such of the child or children of the
former member on whose death the survivor pension became payable to the
spouse as are, at the death of the spouse, under eighteen years of age until
each child attains that age or dies under that age, and the share of the
children who attain that age or die under that age accrues to the child or
children, if any, remaining under that age.
20. — (1) The amount of the survivor pension payable under section 19
may be increased to 65 per cent, 70 per cent or 75 per cent of the pension
of the former member, after taking into account the reduction required by
subsection (4), by a written direction signed by the member or former
member on whose pension the survivor pension is based specifying the per-
centage to which the survivor pension is to be increased, and the direction
shall be delivered to the Board at least two years prior to the month when
payment of the pension to the member or former member is to commence.
(2) The Board shall accept a direction mentioned in subsection (1) that
is delivered to the Board after the time mentioned in that subsection and
before the month when the pension is to commence to be paid to the mem-
ber or former member if the Board is satisfied that the member or former
member is in good health having regard to his or her age.
(3) A direction delivered in accordance with subsection (1) or accepted
in accordance with subsection (2) is of no effect if the member who gives it
dies while a member of the Plan.
Survivor
pension to
child on
death of
spouse
Increased
survivor
pension
Idem
When
direction not
valid
(4) The annual amount of pension computed in accordance with section Actuarial
17 payable to a former member who has given a valid direction delivered in reduction of
accordance with subsection (1) or accepted in accordance with subsection P^"^"'"
(2) shall be actuarially reduced in a manner approved by the Board to
reflect the increased survivor pension specified in the direction and the
increased survivor pension shall be paid in lieu of that provided for in
section 19.
(5) A person who gives a direction mentioned in subsection (1) or (2) Revocation
may revoke the direction by a written revocation delivered to the Board °^ direction
before the month when payment of the person's pension is to commence.
Post-
retirement
marriage
21. — (1) Subject to subsection 19 (2), a former member who, after
commencing to receive a pension and when the former member has no
spouse entitled to a survivor pension under section 19, becomes the spouse
of a person who would not be entitled on the death of the former member
to a survivor pension under section 19 may in writing direct the Board to
pay to the person, if he or she survives the death of the former member, a
survivor pension for life of 50 per cent, 55 per cent, 60 per cent, 65 per
cent, 70 per cent or 75 per cent of the pension received by the former
member immediately before his or her death.
(2) A direction mentioned in subsection (1) must be delivered to the Time limit
Board,
(a) within ninety days after the date on which the former member
became the spouse of the person to whom the survivor pension is
directed to be paid; or
32
Bill 36
PUBLIC SERVICE PENSION
1989
Exception
Actuarial
reduction of
pension
(b) if immediately before the person becomes the spouse of the former
member there is a child of the former member who would be entitled
on the former member's death to receive a pension, within ninety
days after the date the child ceases to be entitled to receive the
pension.
(3) The Board may accept a direction mentioned in subsection (1) and
delivered after the time mentioned in subsection (2) if the Board is satisfied
that the former member giving the direction is in good health having regard
to his or her age.
(4) The annual amount of pension payable to a former member who
has given a valid direction in accordance with this section shall be actuari-
ally reduced in a manner approved by the Board to reflect the survivor pen-
sion directed to be paid and, subject to subsection (5), the survivor pension
shall be paid in the percentage specified in the direction to the spouse if he
or she survives the death of the former member.
Prior interest (5) A survivor pension under this section shall not be paid while there
of child is a child of the deceased former member entitled to receive a pension as a
result of the death of the former member.
Survivor
pension on
death before
payment of
pension
22. — (1) If a member who has twenty-four or more months of continu-
ous membership or two or more years of credit in the Plan,
(a) dies while a member of the Plan; or
(b) dies after ceasing to be a member of the Plan and before the begin-
ning of the month when payment of his or her pension is to com-
mence,
the commuted value, as determined by the Board, of the member's or for-
mer member's pension benefit determined immediately prior to his or her
death and on the basis only of his or her credit in the Plan for employment
or service after 1986 is payable,
(c) to the spouse of the member or former member from whom the
member or former member is not living separate and apart;
(d) if no payment under clause (c) can be made, or if the member or for-
mer member has no spouse who survives the date of death of the
member or former member, to the beneficiary designated in accord-
ance with this section by the member or former member; or
(e) if no payment can be made under clause (c) or (d), to the estate of
the member or former member.
(2) Subject to subsection (3), the commuted value payable under sub-
section (1) to the spouse of a member or former member shall be paid in
the form of an immediate pension for the lifetime of the spouse, and the
commuted value of the pension so payable shall be equal to the commuted
value payable under subsection (1), and payment thereof shall commence in
the month following the month when the member or former member dies.
Election by (3) The spouse to whom an immediate pension is payable under sub-
spouse section (2) may, in writing in the approved form delivered to the Board in
the time fixed by the Board, elect to receive the commuted value payable
under subsection (1) in the form of,
(a) a single lump sum payment equal to the commuted value payable
under subsection (1); or
Payment to
spouse
1989
PUBLIC SERVICE PENSION
Bill 36
33
(b) a deferred pension the commuted value of which is equal to the com-
muted value payable under subsection (1).
(4) A member or former member and his or her spouse may, by writ- Waiver of
ten waiver in the approved form delivered to the Board in the time fixed by spouse's
the Board, waive the spouse's entitlement under subsection (1) and, while ^nt't'^nient
the waiver is in effect, that subsection shall be applied as if the member or
former member does not have a spouse on the date of the death of the
member or former member.
Designation
of beneficiary
Survivor
pension for
pre-1987
credit
(5) The designation of a beneficiary for the purpose of this section shall
be made and delivered to the Board in such form and manner as the Board
requires.
23. — (1) If a member who has ten or more years of credit in the Plan
or has ten or more years of continuous membership in the Plan dies while a
member of the Plan, or dies after ceasing to be a member of the Plan and
before the beginning of the month when payment of his or her pension is to
commence, an annual amount of pension equal to one-half of the member's
or former member's pension computed in accordance with section 17 as
though the member or former member had attained sixty-five years of age
and on the basis only of his or her credit in the Plan for employment or
service before 1987 is payable,
(a) to the spouse of the member or former member from whom the
member or former member, at his or her death and at the cessation
of his or her membership in the Plan, was not living separate and
apart; or
(b) if no payment under clause (a) can be made, to or among such of the
child or children of the member or former member as are, at the
death of the member or former member, under eighteen years of age
until each child attains that age or dies under that age, and the share
of each of the children who attains that age or dies under that age
accrues to the child or children, if any, remaining under that age.
(2) Payment of a survivor pension under this section shall commence in Payment
the month following the month when the member or former member dies,
and the survivor pension payable to a spouse under this section is payable
for the life of the spouse.
(3) For the purpose of this section and subsection 19 (6), a child who
has attained eighteen years of age shall be deemed not to have attained that
age if, since attaining that age, the child has been, in the opinion of the
Board, continuously in full-time attendance at either or both of,
(a) a secondary school; or
(b) for five years following secondary school, a post-secondary educa-
tional institution that is recognized as such by the Board.
24. — (1) In the formulas in this section,
"A" is the carry forward determined for the immediately preceding
year,
"B" is the basic ratio for the year,
"C" is the adjustment ratio for the year,
"D" is the basic ratio for the year next following the year when the
member for whose credit in the Plan the pension in respect of which
Exception for
higher
education
Inflation
adjustment
34 Bill 36 PUBLIC SERVICE PENSION 1989
the formula is applied is payable ceased to be a member of the Plan,
and shall be calculated to a maximum of 1.080 or to a minimum of
1.000, and
"E" is the number of full months in the year that are after the month
in the year when the member for whose credit in the Plan the pen-
sion in respect of which the formula is applied is payable ceased to be
a member of the Plan.
Definitions (2) In this section,
"accumulated adjustment ratio", for the pension of a person, means the
product of the multiplication of all adjustment ratios for the years in the
period commencing with the year when the member for whose credit in
the Plan the pension is payable ceased to be a member of the Plan and
ending with the year for which the accumulated adjustment ratio is being
determined;
"adjustment ratio", for the pension of a person, means,
(a) for any year before the year 1976 and for the year when the member
for whose credit in the Plan the pension is payable ceased to be a
member of the Plan, 1.000,
(b) if the member for whose credit in the Plan the pension is payable
ceased to be a member of the Plan in or after the year 1975, for thci
year next following the year when the member for whose credit in the *
Plan the pension is payable ceased to be a member of the Plan, the
ratio determined by the formula
"[(D — 1.000) X E / 12] + 1.000", and
(c) for the later of the year 1976 and the second year after the year when
the member for whose credit in the Plan the pension is payable
ceased to be a member of the Plan and for any subsequent year, the
ratio determined by the formula "A + B" calculated to a maximum
of 1.080 or to a minimum of 1.000;
"basic ratio", for a year, means the ratio expressed to three decimal places
that the average for the Consumer Price Index over the last twelve
months of the twenty-four-month period ending with the 30th day of
September in the immediately preceding year bears to the average for
the Consumer Price Index over the first twelve months of that period;
"carry forward", with respect to the pension of a person, means,
(a) for any year before the year 1976, for the year when the member for
whose credit in the Plan the pension is payable ceased to be a mem-
ber of the Plan and for the year next following that year, nil, and
(b) for the later of the year 1976 and the second year following the year
when the member for whose credit in the Plan the pension is payable
ceased to be a member of the Plan and for any subsequent year, the
positive or negative number determined by the formula "A -I- B —
C";
"Consumer Price Index" means the Consumer Price Index for Canada as
R.S.C. 1985, published by Statistics Canada under the authority of the Statistics Act
c. S-19 (Canada);
R.S.O. 1980, "member" includes a contributor within the meaning of the Public Service
c. 419 Superannuation Act or a predecessor Act;
1989
PUBLIC SERVICE PENSION
Bill 36
35
"pension" means a pension to which a person is entitled from the Plan
other than the adjustment for inflation provided by this section, and an
allowance, annuity, deferred annuity or other periodic payments to
which a person has become entitled under the Public Service Superannu-
ation Act or a predecessor Act;
"Plan" includes the pension plan established under the Public Service Super-
annuation Act and any predecessor Act.
(3) The annual amount of pension payable to a person from the Fund
shall, commencing with the year when payment of the pension is to com-
mence and in each subsequent year that the pension continues to be pay-
able, be adjusted for inflation by multiplying the annual amount of the pen-
sion by the accumulated adjustment ratio for the pension of the person for
that year, and the amount by which the pension thus adjusted exceeds the
annual amount of jjension before the adjustment in each year shall be paid
to the person entitled to receive the pension for which it is calculated at the
same times, in the same manner and subject to the same terms and condi-
tions as apply to the pension in respect of which it is paid.
R.S.O. 1980,
c. 419
Payment of
inflation
adjustment
(4) The ratio determined for the year 1990 under the Superannuation
Adjustment Benefits Act does not apply to a pension to which this section
applies.
25. — (1) A full-time employee who is permitted to continue the duties
of his or her position as a part-time employee in accordance with this sec-
tion for the final years of his or her employment in the public service is
entitled to have his or her pension determined in accordance with this sec-
tion if the employee meets all of the conditions set out in subsection (2)
and gives the notice of election required by subsection (3).
Ratio not to
apply
R.S.O. 1980,
c. 490
Pre-
retirement
part-time
employment
(2) The conditions referred to in subsection (1) are,
(a) that the employee's part-time employment must be and continue to
be.
Conditions
(i) in a position that requires regular employment for at least four-
teen hours per week or nine full days in each four weeks, or
I
(ii) full-time employment in a classified position in the civil service
for at least one-third of each twelve-month period or part
thereof following the giving of the notice required by subsection
(3) and before the employee's retirement on the date provided
for in the notice;
(b) that the employee must not be employed as a regular full-time
employee in the public service at any time after giving the notice
required by subsection (3) and before receiving a pension under the
Plan;
(c) that during the period of part-time employment specified by the
employee in the notice given in accordance with subsection (3), con-
tributions are made to the Fund by the employee and the employer
on the basis of the salary payable for full-time employment in the
position held by the employee immediately before the giving of the
notice; and
(d) that the employee's deputy minister must approve in writing the
change from full-time to part-time employment proposed by the
employee.
36
Bill 36
PUBLIC SERVICE PENSION
1989
Notice
Pension on
basis of
full-time
employment
(3) A full-time employee who wishes to contribute to the Fund on the
basis provided for in this section shall give to his or her deputy minister a
written notice signed by the employee stating,
(a) that the employee intends to retire from employment in the public
service not later than five years after the day on which the notice is
given;
(b) that the employee wishes to perform the duties of his or her position
on a part-time basis until retirement from employment; and
(c) that the employee wishes to continue to contribute to the Fund on
the basis of his or her salary as a full-time employee in the position.
(4) Despite the definition of "annual salary rate" and "credit", while
an employee continues to comply with the conditions described in sub-
section (2),
(a) contributions shall be made to the Fund by the employee and the
employer on the basis of the salary payable for full-time employment
in the position held by the employee immediately before the giving of
the notice;
Resuming
full-time
employment
Excess
contributions
refunded
Interpretation
R.S.O. 1980,
c. 418
Re-
employment
of pensioner
(b) the employee's annual salary rate shall be that on which contributions
to the Fund are pmid; and i
(c) the employee shall be given credit in the Plan on the basis of full-
time employment in the position in which the employee is employed
part-time.
(5) If an employee who contributes to the Fund in accordance with this
section resumes full-time employment in the public service after giving the
notice required by subsection (3) and before receiving his or her pension,
the employee's contributions to the Fund and credit in the Plan shall be ;
recomputed without reference to subsection (4).
(6) Contributions to the Fund under this section in excess of those
required after the application of subsection (5) shall be refunded to the pjer-
son who paid them.
(7) In this section, "public service" has the same meaning as in
Public Service Act.
the
26. — (1) If a former member who is receiving a pension is, in the opin-
ion of the Board, re-employed or engaged in any capacity by an employer:
who contributes to the Fund, any pension that the former member is enti-
tled to receive during the re-employment or engagement shall, for any
period of three months commencing on the 1st day of January, April, July
or October in any year during which the former member is so re-employed
or engaged, be reduced by the amount by which the sum of,
(a) three times the monthly salary paid to the former member in that
period of three months; and
(b) the pension payable to the former member in that period of three
months if this section were not applicable to the former member,
exceeds the product of three times the monthly salary payable to the former
member for the last full month of employment before he or she ceased to
be a member of the Plan.
1989
PUBLIC SERVICE PENSION
Bill 36
37
(2) Any period of re-employment or engagement referred to in sub- Idem
section (1) for which a person may and does contribute to the Fund shall be
added to the person's credit in the Plan, and any pension payable on termi-
nation of the re-employment or engagement shall be recalculated to take
into account the additional credit and any pension earlier received by the
person.
(3) Despite subsection (1), the pension of a person who is appointed by Re-
the Lieutenant Governor in Council for a period not exceeding six months employment
at a time to provide to the Crown the professional, expert or technical '" expert
knowledge of the person in a special capacity required by the Crown shall ^^P^^^^
not be reduced if the appointment so provides.
27. — (1) Every transaction that purports to assign, charge, anticipate or Void
give as security the interest, or any part thereof, of any person in the Fund transactions
or in any pension or other sum payable out of the Fund is void.
(2) The interest of any person in the Fund or in any pension or other Exemption
sum payable out of the Fund is exempt from execution, seizure or attach- from seizure
ment.
(3) Subject to section 52 of the Pension Benefits Act, 1987, subsections Order or
(1) and (2) do not apply to prevent the operation of any order under the separation
Family Law Act, 1986 or the provisions of a domestic contract, as defined 1987, c. 35
in Fart IV of that Act. 1986, c. 4
(4) Subsections (1) and (2) do not apply to prevent execution, seizure Order for
or attachment in satisfaction of an order for support or maintenance support or
enforceable in Ontario to a maximum of one-half of the interest of any per-
son in the Fund or in any pension or other sum payable out of the Fund.
mamtenance
(5) Subsection (4) applies to orders of support or maintenance enforce- Application
able in Ontario whether made before or after the 31st day of December, of subs. (4)
1989.
(6) Despite subsections (1) and (2), if a person entitled to a refund or a Payment into
lump-sum payment from the Fund requests the Board in writing to have the other funds
refund or payment paid,
(a) into another registered jjension plan;
(b) into a registered retirement savings plan that meets the requirements
of the Income Tax Act (Canada); R.S.C. 1952,
c. 148
(c) to an insurance company to purchase an immediate or deferred life
annuity; or
(d) into a pension plan approved by the Board,
the refund or payment shall be so paid.
28. — (1) A payment to be made under the Plan to a member's estate Payment to
may be made to the executor or administrator of the member's estate or to estate
the person or persons who appear to the Board to be properly acting in the
administration or distribution of the member's estate or, if no executor or
administrator or other person acting in the administration or distribution of
the member's estate can be ascertained to the satisfaction of the Board, the
payment may be paid into the Supreme Court of Ontario to the credit of
the member's estate.
(2) If, after the death of a person, no spouse or child or designated Missing
beneficiary of that person can be found entitled to receive a pension on the beneficiary
38
Bill 36
PUBLIC SERVICE PENSION
1989
Beneficiary
later found
Board to be
corporation
Application
of
R.S.O. 1980.
c. 95
Board
members
Term of
office
Idem
1987, c. 35
person's death, and the Board is satisfied that reasonable inquiries have
been made to find the spouse or child or designated beneficiary, and more
than one year has passed since the death of the person, the Board may,
despite any other provision of the Plan, direct that the money that would be
payable under the Plan to the person's estate if the person had died leaving
no surviving child or spouse or designated beneficiary entitled to be paid a
pension on the person's death be paid to the person's estate upon such
terms and conditions as the Board determines.
(3) If the spouse or child or designated beneficiary referred to in sub-
section (2) is subsequently found and a claim is made for any money pay-
able under the Plan, the Board may direct that such money, less any money
paid under subsection (2), be paid to the spouse or child or designated ben-
eficiary, as the case may be.
29. — (1) The Public Service Superannuation Board is continued under
the name of the Public Service Pension Board and the Board is constituted
a corporation without share capital.
(2) The Corporations Act does not apply to the Board.
(3) The Board shall be composed of at least four members appointed
by the Lieutenant Governor in Council, one of whom shall be representa-
tive of the members of the Plan who are members of a union with whom
the employer has a collective agreement.
(4) Each appointment or reappointment of a Board member shall be
for such term, not exceeding three years, as the Lieutenant Governor in
Council specifies. -^
(5) If the Lieutenant Governor in Council considers it appropriate and
desirable, members may be appointed to the Board because of their exper-
tise in the management, investment or administration of pension plans or in
order to represent on the Board, subject to the requirements of the
Pension Benefits Act, 1987, the concerns of the Crown, of members
required to contribute to the Fund or of persons receiving pensions under
the Plan.
Reappointment (6) A member whose appointment has expired may be reappointed to)
the Board, but no reappointment shall be for a term that, when added to
the member's current unbroken period of membership, exceeds six consecu-
tive years of membership.
Chairperson
and vice-
chairperson
Remuneration
(7) From the members of the Board, the Lieutenant Governor in
Council may designate a chairperson and one or more vice-chairpersons for
a term not to exceed two years or such lesser period as the person remains
a member of the Board and, if the Lieutenant Governor in Council does
not designate a chairperson or vice-chairperson within one month after the
position becomes vacant, the members of the Board shall elect one of them
to be chairperson, and may elect one or more of them to be vice-
chairperson, but the term for which any chairperson or vice-chairperson is
elected shall not exceed two years or the remaining period of his or her
appointment to the Board, whichever is shorter.
30. The Lieutenant Governor in Council shall establish the remunera-
tion or range of remuneration to be paid to a member of the Board and to
the chairperson and vice-chairperson, but no member of the Board who is
employed in the public service of Ontario shall be paid any remuneration
other than reimbursement for expenses actually incurred in the performance
of his or her duties as a member of the Board or an honorarium in recogni-
1989
PUBLIC SERVICE PENSION
Bill 36
39
tion of salary lost by the public servant for attendance at a meeting of the
Board.
31. — (1) It is the duty and responsibility of the Board to administer the Duty of
Plan and manage the Fund in accordance with this Act, the Plan and the Board
Pension Benefits Act, 1987. 1987 c. 35
(2) The Board shall appoint or employ an actuary, an auditor and such Employment
officers, employees, advisers, experts and other persons as are required to of officers
carry out the duties and responsibilities of the Board.
and others
(3) The Board may make rules and by-laws for the administration and Board may
management of the Plan and the Fund and for the conduct of the affairs of ""^ke rules
the Board and committees of the Board, and may, for such period as the
Board determines and on such terms and conditions as the Board considers
appropriate, assign or delegate to any officer, employee, member or com-
mittee of the Board or other person retained by the Board the performance
or exercise of any of the duties or responsibilities of the Board as the Board
considers necessary or desirable.
(4) Without restricting the generality of subsection (3), the Board may Idem
make rules,
(a) prescribing the proofs to be furnished as a condition to the payment
of a pension;
(b) excluding from salary on which contributions to the Fund are based
any payment to a member that is, in the opinion of the Board, not a
regular and usual part of the normal remuneration for the member's
employment or is a payment in the nature of a special consideration
or employee benefit;
(c) approving forms and providing for their use; and
(d) requiring members of the Plan, recipients of pensions under the Plan
or applicants for pensions under the Plan to furnish information to or
for the use of the Board, and prescribing the form thereof and the
information to be furnished.
32. The Board has and may exercise all of the powers and capacities of Powers of
a natural person that are considered by the Board to be necessary or inci- Board
dental to the carrying out of its duties and responsibilities under this Act
and the Plan and, in particular, the Board may,
(a) contract and be contracted with and sue and be sued;
(b) acquire by purchase, lease or otherwise any real or personal property
for its own use or as an investment of the Fund, and may sell, lease
or otherwise dispose of all or any part of its property in its discretion;
(c) participate with others as a partner or as a member of a syndicate or
association of persons in the acquisition, holding, management or dis-
position of any property by way of investment or otherwise;
(d) determine the rate of remuneration and the employee benefits and
perquisites for its employees and the conditions of employment under
which they are employed;
(e) with the approval of the Management Board of Cabinet, enter into
such arrangements as are considered necessary by the Board for the
purchase from the Crown of the services of any employee or ministry
of the Crown, or for the use of any facilities or equipment belonging
40
Bill 36
PUBLIC SERVICE PENSION
1989
to the Crown, that may assist the Board in the
administration of the Plan or the Fund; and
management or
Committees
Committee
may delegate
Quorum
(f) with the approval of the Lieutenant Governor in Council, enter into
an agreement to administer any other pension plan or fund or admin-
ister a benefit plan to provide health or medical or other benefits to
persons who have ceased to be members of the Plan and are entitled
to a pension, and to recover, where appropriate, the costs of such
administration from that plan or fund.
33. — (1) The Board may establish such committees as are considered
necessary or desirable.
(2) A committee established by the Board may, with the approval of
the Board and in accordance with the policy established by the committee
or the Board, delegate to an officer or employee of the Board any of the
duties and responsibilities of the committee, including those delegated to
the committee by the Board.
34. The quorum for any meeting of the Board or a committee of the
Board shall be at least a majority of the members of the Board or commit-
tee.
Expenses
Reciprocal
transfer
agreements
continue to
apply
R.S.O. 1980,
c. 419
Transfer to
Plan of credit
in other
plans
Transfer to
other plan of
credit in Plan
R.S.C.
c. 148
1952,
Transfer
agreements
prevail
Approval of
agreements
Annual
report
35. The expenses of the operation of the Board, the administration of
the Plan and the management of the Fund shall be paid out of the Fund.
36. — (1) Any agreement in writing between a person and the Minister
or the Crown for the reciprocal transfer of pension credits between the
Public Service Superannuation Fund established under the Public Service
Superannuation Act and another pension plan continues to apply to the Plan
with all necessary modifications.
(2) If the Board enters into a written agreement with an employer to
whom the Plan does not extend for the transfer to the Plan of credit for a
person's service with that employer, the person shall, on becoming a mem-
ber and requesting a transfer of credit to the Plan in accordance with the
agreement, pay or cause to be paid into the Fund the amount provided for
in the agreement for the purchase of the credit that is being transferred.
(3) If the Board enters into a written agreement for the transfer from
the Plan to another pension plan registered under the Income Tax Act
(Canada) of credit in the Plan in respect of members who become members
of the other plan, the Board shall, at the request of a member transferring
credit from the Plan in accordance with the agreement, pay from the Fund
to the Plan to which the member's credit is being transferred the amount
provided for in the agreement for the purchase of credit for the member in
the other plan.
(4) Subsections (1) to (3) apply despite section 11 or 13.
(5) The Board shall not enter into an agreement mentioned in sub-
section (2) or (3) until the agreement is approved by the Lieutenant
Governor in Council. '*'
37. After the close of each fiscal year, the Board shall submit to the
Minister a report for the fiscal year just ended of the financial and other
affairs of the Plan and the Fund, and the Minister shall submit the report to
the Lieutenant Governor in Council and shall then lay the report before the
Legislative Assembly if it is in session or, if not, at the next session.
I
1989
PUBLIC SERVICE PENSION
Bill 36
41
38. — (1) In the rep>orts to the Minister under section 37, the Board Report re
shall identify, O-PP- early
retirement
(a) the additional cost to the Plan of the pension provided to members of "^"^"^
the Ontario Provincial Police Force by subsection 15 (4) over the cost
of the pension or deferred pension that would be payable without that
subsection; and
(b) the financial benefit to the Plan from the contributions of members of
the Ontario Provincial Police Force under subsection 6 (2), from the
employer's contributions made to match contributions under that sub-
section, and from the return reasonably attributable to the investment
of the contributions and of the proceeds received by the Fund from
the transfers under subsections 7 (2) and (3) of this Act.
(2) The Board shall also indicate in its reports the sufficiency of the Idem
financial benefits referred to in clause (1) (b) to meet the additional costs
referred to in clause (1) (a) and whether those additional costs for pensions
that are being paid at the end of the year for which the report is made have
been met by the financial benefits that have then accrued to the Fund.
39. — (1) Each employee of the Board and his or her heirs, executors Indemnifi-
and administrators shall be indemnified and saved harmless by the Board cation
from and against all costs, charges and expenses sustained or incurred in or
about any action, suit, proceeding or claim against him or her for any act,
omission, deed, matter or other thing made, done or permitted or omitted
to be made or done in or about the execution of the duties of his or her
employment by the Board, and every payment made for the indemnification
is an administrative expense of the Board.
(2) Indemnification under subsection (1) does not extend to the act or Limitation
omission to act of any person that was done or omitted to be done dishon-
estly or in bad faith.
42 Bill 36 PUBLIC SERVICE PENSION
SCHEDULE 2
INTERIM PAYMENTS OF UNFUNDED LIABILITY
Date of payment Amount of payment
1. January 1, 1990 $7,283,000
2. February 1, 1990 7,316,000
3. March 1, 1990 7,349,000
4. April 1, 1990 7,381,000
5. May 1,1990 7,414,000
6. June 1,1990 7,448,000
7. July 1, 1990 7,481,000
8. August 1,1990 7,514,000
9. September 1, 1990 7,548,000
10. October 1, 1990 7,582,000
11. November 1 , 1990 7,616,000
12. December 1, 1990 7,650,000
13. January 1, 1991 7,684,000
14. February 1, 1991 7,718,000
15. March 1, 1991 7,753,000
16. April 1,1991 7,787,000
17. May 1, 1991 7,822,000
18. June 1,1991 7,857,000
19. July 1,1991 7,892,000
20. August 1, 1991 7,928,000
21. September 1, 1991 7,963,000
22. October 1, 1991 7,999,000
23. November 1, 1991 8,034,000
24. December 1, 1991 8,070,000
25. January 1, 1992 8,106,000
26. February 1, 1992 8,143,000
27. March 1, 1992 8,179,000
28. April 1, 1992 8,216,000
29. May 1,1992 8,252,000
30. June 1,1992 8,289,000
31. July 1,1992 8,326,000
32. August 1,1992 8,364,000
33. September 1, 1992 8,401,000
34. October 1, 1992 8,439,000
35. November 1, 1992 8,476,000
36. December 1, 1992 8,514,000
BiU36
2nd session, 34th LEGISLATURE, ONTARIO
Bill 36
(Chapter 73
Statutes of Ontario, 1989)
38 ELIZABETH II, 1989
An Act to revise the
Public Service Superannuation Act
The Hon. M. Elston
Chairman of the Management Board of Cabinet
1st Reading
2nd Reading
3rd Reading
Royal Assent
June 20th, 1989
November 8th, 1989
December 18th, 1989
December 18th, 1989
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
Bill 36
1989
An Act to revise the
Public Service Superannuation Act
CONTENTS OF ACT
Section
1. Definitions
2. Application
3. Plan continued
4. Plan documents
5. Public Service Superannuation
Fund continued
6. Future revision of Plan
7. Transfer of SAF Account
8. Initial unfunded liability
9. Interim payments of unfunded
liability
10. Initial valuation
Section
11. Subsequent valuations
12. Payment of pensions under
other Acts
13. Expiry of appointments
14. Continued application
15. Superannuation Adjustment
Benefits Act ceases to apply
16. Post-retirement marriage
17. Repeals
18. Commencement
19. Short title
CONTENTS OF SCHEDULE 1
Section
1. Definitions
2. Plan members
3. Termination of membership
4. Persons not entitled to be
members
5. Contributions to and payments
from Fund
6. Contributions by members
7. Contributions by employer
8. Leave of absence with pay
9. Continued membership on
release from employment
10. Long term income protection
11. Prior service with the Crown,
etc.
12. Contribution, salary and service
record
13. Refunds before twenty-four
months membership
14. Disability pension
15. Pension at age sixty-five
16. Deferred pension
17. Computation of pension
18. Application for pension
19. Pension to surviving spouse
20. Increased survivor pension
Section
21. Post-retirement marriage
22. Survivor pension on death
before payment of pension
23. Survivor pension for pre- 1987
credit
24. Inflation adjustment
25. Pre-retirement part-time
employment
26. Re-employment of pensioner
27. Void transactions
28. Payment to estate
29. Board to be corporation
30. Remuneration
31. Duty of Board
32. Powers of Board
33. Committees
34. Quorum
35. Expenses
36. Reciprocal transfer agreements
continue to apply
37. Annual report
38. Report re O.P.P. early
retirement benefit
39. Indemnification
Bill 36
PUBLIC SERVICE PENSION
1989
CONTENTS OF SCHEDULE 2
Interim payments of unfunded liability
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
Definitions J, In this Act, "actuary", "Board", "Crown", "employ-
er", "Fund", "member", "Minister", "pension", "pension
benefit", "Plan", "salary" and "Treasurer" have the same
meaning as in section 1 of Schedule 1 ,
Application
Plan
continued
R.S.O. 1980,
cc. 419, 490
2. Subject to subsection 14 (2) and to section 24 of
Schedule 1, this Act applies to every person employed after
the 31st day of December, 1989 in the service of an employer.
3. The pension plan contained in the provisions of the
Public Service Superannuation Act and the regulations there-
under, including the benefits provided under the
Superannuation Adjustment Benefits Act in relation to pen-
sions provided under the Public Service Superannuation Act, is
continued as the Public Service Pension Plan as revised by this
Act and set out in Schedule 1 .
Plan
documents
4. The terms of the Plan are those set out in Schedule 1,
in this Act and in such other documents concerning the Plan
as are created under this Act or Schedule 1 .
Public
Service
Superan-
nuation Fund
continued
Board to
administer
5. — (1) The Public Service Superannuation Fund estab-
lished under the Public Service Superannuation Act is contin-
ued as the Public Service Pension Fund to provide benefits in
respect of the Plan.
(2) The Plan and the Fund shall be administered by the
Board in accordance with this Act and the Plan.
Future
revision of
Plan
6. — (1) The Lieutenant Governor in Council by order may
amend the Plan and, without restricting the generality of the
foregoing, may,
(a) determine the methods or assumptions to be used to
calculate any pension benefit provided under the
Plan;
(b) rescind the Plan and replace it with another pension
plan;
(c) extend, modify or restrict the conditions upon
which persons may become members of the Plan;
1989
PUBLIC SERVICE PENSION
Bill 36
(d) establish a separate pension plan or plans for any
class or classes of persons who are members of the
Plan, and direct the transfer from the Fund to any
fund related to such separately established pension
plan or plans of any amount specified to represent
the value, as determined by an actuarial valuation,
of the pension benefits of persons who will be mem-
bers of such separately established pension plan or
plans;
(e) increase or prospectively reduce, eliminate or mod-
ify any pension benefit set out in the Plan or the
rate or amount of contribution to be made under
the Plan;
(f) regulate the administration of the Plan and the com-
position, duties and powers of the Board;
(g) exercise with respect to any plan established under
this section the powers conferred by this section.
(2) To the extent that an amendment of the Plan made
under subsection (1) conflicts with the Pension Benefits Act,
1987 in a matter in which the conflict is not authorized by this
Act or Schedule 1, the amendment is void.
Limitation re
amendment
1987, c. 35
(3) If the Crown enters into an agreement for an indefinite Agreement
term with representatives of a majority of the members with respKjnsibiiity
respect to,
(a) the joint management of the Plan and the Fund by
the Crown and representatives of the members;
(b) the sharing between the Crown and the members of
surpluses and deficiencies in the Fund;
(c) prior consultation between the Crown and the rep-
resentatives to determine if agreement can be
reached between them concerning any change in
benefits under the Plan or in the rate or amount of
contributions to the Fund from the Crown or the
members; and
(d) mediation procedures following a failure to agree
on a change in benefits under the Plan or in the rate
or amount of contributions to the Fund,
the powers mentioned in subsection (1) shall, while the agree-
ment remains in force, be exercised only in accordance with
the agreement.
Idem
Bill 36
PUBLIC SERVICE PENSION
1989
(4) An agreement mentioned in subsection (3) may also
provide that, to the extent specified in the agreement, sub-
sections 11 (2) and (5) cease to apply while the agreement is
in force.
Agreement (5) If jt is agreed between the Crown and representatives of
resp^nsTbiiity 3 majority of members that the management of the Plan, the
entitlement to surpluses in the Fund and the liability for defi-
ciencies in the Fund will be permanently assumed by the
members from time to time of the Plan and that the liability
of the Crown to contribute to the Fund will be limited to a
specified amount or to a specified percentage of members'
contributions or salaries, the Lieutenant Governor in Council
may provide by order that the powers mentioned in subsection
(1) shall be exercised thereafter only in accordance with the
agreement and by the person, persons or entity specified in
the agreement.
Application (6) jhc Regulations Act does not apply with respect to an
R.s.o. 1980, order amending the Plan.
c. 446
7._(1) As of the 31st day of December, 1989, the Trea-
surer shall transfer to the Public Service Superannuation Fund
Account maintained in the Consolidated Revenue Fund under
the Public Service Superannuation Act the total assets and lia-
bilities of the Public Service Superannuation Fund Account in
the Superannuation Adjustment Fund Account maintained in
the Consolidated Revenue Fund under the Superannuation
Adjustment Benefits Act.
(2) As of the 31st day of December, 1989, the Treasurer
shall transfer to the Public Service Superannuation Fund
Account maintained in the Consolidated Revenue Fund under
the Public Service Superannuation Act the total assets and lia-
bilities of the Ontario Provincial Police Supplementary Bene-
fits Account maintained in the Consolidated Revenue Fund
under Order in Council 196/85.
Transfer of
SAF Account
R.s.o. 1980,
cc. 419, 490
Transfer of
O.P.P.
Supple-
mentary
Benefits
Account
Interest
R.S.O. 1980.
c. 419
(3) As of the 31st day of December, 1989, the Treasurer
shall pay to the Public Service Superannuation Fund Account
maintained in the Consolidated Revenue Fund under the
Public Service Superannuation Act interest at the rates and on
the terms determined by the Lieutenant Governor in Council
on the cash balances that from time to time stood to the credit
of.
(a) the Public Service Superannuation Fund Accou
maintained in the Consolidated Revenue Fun
under the Public Service Superannuation Act;
J
1989
PUBLIC SERVICE PENSION
Bill 36
(b) the Public Service Superannuation Fund Account in
the Superannuation Adjustment Fund Account
maintained in the Consolidated Revenue Fund
under the Superannuation Adjustment Benefits Acf R so. i980,
and <^- 490
(c) the Ontario Provincial Police Supplementary Bene-
fits Account mentioned in subsection (2),
in the period from the 1st day of April, 1989 to the 31st day of
December, 1989.
(4) Interest payable by the Treasurer on assets held on the ^dem
1st day of April, 1989 in the accounts referred to in clauses
(3) (a), (b) and (c) shall be accrued to the 31st day of Decem-
ber, 1989 and paid as of that date to the Public Service Super-
annuation Fund Account despite a later time for payment
specified in any instrument that provides for payment of the
interest, and the payment made to the Account reduces the
liability of the Treasurer under the instrument for interest by
the amount paid.
(5) Payments by the Treasurer made under subsections (3) ^dem
and (4) shall be made from the Consolidated Revenue Fund.
(6) As of the 1st day of January, 1990, the Treasurer shall
transfer to the custody and control of the Board the total
amount of the assets on the 31st day of December, 1989 of the
Public Service Superannuation Fund Account maintained in
the Consolidated Revenue Fund under the Public Service
Superannuation Act, including assets and payments transferred
or made to that account under this section, by issuing to the
Board debentures of the Province of Ontario that are equal to
the amount of the assets and that, in the opinion of the Trea-
surer, provide for the payment of principal and interest on
terms substantially equivalent to those on which the assets are
held on the 31st day of December, 1989.
Transfer of
PSSF
Account
R.S.O. 1980,
c. 419
(7) All liabilities on the 1st day of January, 1990 of the Liabilities
accounts mentioned in subsections (1), (2) and (6) are liabili- Fund^*^*^^
ties of the Fund on and after that date and, as of that date,
the accounts cease to exist in the Consolidated Revenue Fund.
(8) During the period from the 31st day of December, 1989 Temporary
to the 30th day of June, 1990, the Treasurer may establish authorized
outside the Consolidated Revenue Fund an account or
accounts for such temporary period as the Treasurer considers
advisable to facilitate the orderly transfer to the Board of the
assets of the Fund and the administration of the Plan.
6
Debentures
Bill 36
PUBLIC SERVICE PENSION
1989
Investments
authorized
1987, c. 35
(9) For the purpose of subsection (6), the Treasurer may,
on behalf of Ontario, issue to the Fund debentures of Ontario
in such amounts, upon such terms as to the payment of princi-
pal and interest, maturing at such time or times and either
with or without the privilege of prepayment of the whole or
any part of the principal amount of any such debenture as
will, in the opinion of the Treasurer, meet the requirements of
this section, and any debenture may provide that it is not
assignable or transferrable.
(10) Despite the Pension Benefits
thereunder, the receipt and holding
tures issued under this section shall
dent or unreasonable or contrary to
thereunder, and the nature, amount
tures may be taken into account by
mittee of the Board in determining
assets of the Plan.
Act, 1987 and regulations
by the Board of deben-
not be considered impru-
that Act and regulations
and terms of the deben-
the Board and any com-
future investments of the
Application
of
1987, c. 35
(11) Section 82 of the Pension Benefits Act, 1987 does not
apply to the transfers described in this section.
Initial
unfunded
liability
8. — (1) In this section and in sections 9 and 10 and sub-
section 11 (3),
"actuarial gain" and "actuarial loss" mean, respectively, the
sum, if positive, or the sum, if negative, of,
(a) the gain to the Plan during the period since the
review date of the immediately preceding going
concern valuation resulting from the difference
between actual experience and the experience
expected by the actuarial assumptions on which that
valuation was based,
(b) the amount by which the going concern liabilities
decrease as a result of an amendment to the Plan,
and
(c) the amount by which the going concern liabilities
decrease or the going concern assets increase as a
result of a change in actuarial methods or assump-
tions upon which the current going concern valua-
tion is based, as of the review date for a going con-
cern valuation,
I
but clause (a), (b) or (c) or any combination thereof shall
be counted as a negative in the calculation of the sum if.
1989 PUBLIC SERVICE PENSION Bill 36
(d) the experience of the Plan results in a loss rather
than a gain,
(e) an amendment increases the going concern liabili-
ties, or
(f) a change in actuarial methods or assumptions
results in an increase in going concern liabilities or a
decrease in going concern assets, as the case may
be;
"going concern assets" means the value of the assets of the
Plan, including accrued and receivable income and the
present value of future contributions and investment
income, determined on the basis of a going concern
valuation;
"going concern liabilities" means the present value of the
expenses of the Plan and the accrued and unaccrued bene-
fits of the Plan determined on the basis of a going concern
valuation;
"going concern unfunded actuarial liability" means the excess
of going concern liabilities over going concern assets;
"going concern valuation" means a valuation of assets and lia-
bilities of the Plan using methods and actuarial assumptions
considered by the actuary who valued the Plan to be in
accordance with generally accepted actuarial principles and
practices for the valuation of a continuing pension plan;
"initial valuation" means the going concern valuation of the
Plan as at the 1st day of January, 1990 required by section
10;
"past service unfunded actuarial liability" means the amount
of going concern unfunded actuarial liability that results
from the provision of benefits with respect to prior employ-
ment for which no benefit was provided at the time of the
employment or from an amendment to the Plan that pro-
vides benefits for employment prior to the date of the
amendment if the employment had not previously been rec-
ognized for purposes of the provision of pension benefits;
"review date" means the last date of the period under review
in a report required under the Pension Benefits Act, 1987 or '987, c. 35
regulations thereunder;
"solvency assets" means the sum determined in accordance
with subsections (2) and (3) of.
8 Bill 36 PUBLIC SERVICE PENSION 1989
(a) the market value of investments held by the Plan or
a value related to the market value by means of an
averaging method that stabilizes short-term fluctua-
tions of the market values over a period of not
more than five years, plus any cash balances and
accrued or receivable income items,
(b) the present value of any special payments required
to liquidate any past service unfunded actuarial lia-
bility established on or after the 1st day of January,
1988,
(c) the present value of any special payments other
than those referred to in clause (b) established on
or after the 1st day of January, 1988 that are sched-
uled for payment within five years after the review
date, and
(d) the present value of future special payments result
ing from the initial valuation;
"solvency deficiency" means the excess of the solvency liabili
ties over the solvency assets;
"solvency gain" means the sum, if positive, of,
(a) the gain to the Plan during the period since th(
review date of the immediately preceding valuatioi
of solvency assets and solvency liabilities resultin;
from the difference between actual experience an<
the experience expected by the actuarial assump
tions on which that valuation was based, and
(b) the amount by which the solvency liabilitie
decrease or the solvency assets increase during th<
period since the review date of the immediately pre
ceding valuation of solvency assets and solvency lia
bilities as a result of a change in the actuarial meth
ods or assumptions upon which the curren
valuation of solvency assets and solvency liabilitie
is based,
but either of clause (a) or (b) shall be counted as a negative
in the calculation of the sum if the experience of the Plan
results in a loss rather than a gain or if a change in actuarial
methods or assumptions results in an increase in solvency
liabilities or a decrease in solvency assets, as the case may
be;
1989 PUBLIC SERVICE PENSION Bill 36 9
"solvency liabilities" means an amount that is not less than
the liabilities of the Plan determined as if the Plan had
been wound up, taking into account liabilities for the
adjustment for inflation under the Plan and the require-
ments of section 75 of the Pension Benefits Act, 1987. i987, c. 35
(2) The present values referred to in clauses (b), (c) and Present
(d) of the definition of "solvency assets" shall be determined solvency^
on the basis of the assumed interest rate used in determining assets
whether there is a solvency deficiency.
(3) In calculating the solvency assets, if there is no market " "o market
value for an investment of the Plan and the investment is "'''"^
issued or guaranteed by a government, the book value of the
investment may be used instead of market value.
(4) The provisions of this section and of sections 9, 10 and Conflicting
1 1 prevail over any conflicting provisions of the Pension Bene- p™'""^"'
fits Act, 1987 or of a regulation made under that Act.
9. — (1) For each month in the period commencing with interim
the 1st day of January, 1990 and ending with the last day of ESded °^
the month in which the initial valuation is approved by the liability
Pension Commission of Ontario, the Treasurer shall pay to
the Fund from the Consolidated Revenue Fund the amount
shown for that month in Schedule 2.
(2) The Treasurer may, with the appropriate adjustment Prepayment
for interest, at any time prepay one or more of the outstand-
ing payments shown in Schedule 2.
(3) Payments made under subsection (1) or (2) shall be Application
credited against any special payments that are to be made in paymemf^
the same period to liquidate a going concern unfunded actuar-
ial liability disclosed by the initial valuation, and any amount
by which the payments made under those subsections are less
than the special payments for that period as a result of the ini-
tial valuation shall be paid by the Treasurer to the Fund from
the Consolidated Revenue Fund within fifteen months follow-
ing the month when the initial valuation is approved by the
Pension Commission of Ontario.
10. — (1) As soon as practicable after the 31st day of J"jt'a'.
December, 1989, the Board shall cause to be prepared a going
concern valuation of the Plan as at the 1st day of January,
1990, and the valuation shall include the adjustment of pen-
sions for inflation under the Plan.
(2) The initial valuation shall, i'^^'"
10
Bill 36
PUBLIC SERVICE PENSION
1989
(a) comply with this section and section 11 ;
(b) be delivered by the actuary to the Board and to the
Minister and the Treasurer, and shall be filed with
the Pension Commission of Ontario by the Board
only after the Minister and the Treasurer have
advised the Board in writing that they agree that the
initial valuation delivered to them be filed; and
(c) for all purposes of the Plan determine the going
concern unfunded actuarial liability or surplus of
the Plan as at the 1st day of January, 1990.
Liability
liquidated
(3) Any going concern unfunded actuarial liability disclosed
by the initial valuation shall be liquidated by a series of special
payments from the Consolidated Revenue Fund to be made
over the forty years commencing on the 1st day of January,
1990.
Calculation
of special
payments
(4) Each special payment mentioned in subsection (3) shall
be calculated as a constant percentage of the projected future
earnings from employment used to calculate pension benefits
during the forty years commencing on the 1st day of January,
1990 of all persons who are members of the Plan on that date
and of those who are expected to join the Plan during those
forty years.
ofT"ciaT'"^ (5) The present value, as at the 1st day of January, 1990, of
payments the full scoes of Special payments shall equal the amount of
the going concern unfunded actuarial liability to be liquidated.
Schedule of
payments
(6) The actuary shall prepare and submit with the initial
valuation a schedule showing the dollar amount of each spe-
cial payment in the first six years of the series and the formula
by which the dollar amount of the remaining special payments
in the series is determined.
Prepayments
and
additional
payments
(7) The Treasurer may, at any time, prepay a part or all of
any outstanding special payments or may make additional
payments to the Fund to be applied, with appropriate adjust-
ments for interest, as the Treasurer shall direct to reduce the
going concern unfunded actuarial liability disclosed by the ini-
tial valuation, and every such payment may be paid out of the
Consolidated Revenue Fund.
Consistent
assumptions
(8) Subject to subsection (4),
(a) the projected future earnings from employment
used to calculate pension benefits shall be deter-
1989
PUBLIC SERVICE PENSION
Bill 36
11
mined using actuarial assumptions consistent with
those made in the initial valuation;
(b) the present value of the series of special payments
shall be determined using the interest rate used in
the initial valuation; and
(c) all other actuarial assumptions made in the determi-
nation of the series of special payments shall be, so
far as possible, consistent with actuarial assumptions
made in the initial valuation.
11. — (1) A going concern valuation of the Plan made after subsequent
the initial valuation shall include the present value of the out-
standing special payments calculated under section 10 that
remain to be made to liquidate the going concern unfunded
actuarial liability disclosed by the initial valuation, and the
actuary shall prepare and submit with the valuation a schedule
showing the amount, determined from the formula mentioned
in subsection 10 (6), of each remaining special payment for
the next six years or for the period of time for which special
payments remain to be made, whichever is shorter.
(2) Any actuarial gain disclosed by a going concern valua- Application
tion made after the initial valuation shall be applied in the fol- gajn'^ "
lowing order and manner:
1. The amount of the gain shall first be applied to
reduce, and to eliminate if possible, the payments
required to liquidate any unamortized balance of a
solvency deficiency disclosed by the initial valuation
or a subsequent valuation.
2. When no solvency deficiency remains, the amount
of the gain shall be applied to reduce, and to elimi-
nate if possible, a going concern unfunded actuarial
liability disclosed by a valuation after the initial
valuation.
3. When no other going concern unfunded actuarial
liability remains, the amount of the gain shall be
applied to reduce, and to eliminate if possible, the
unliquidated amount of the going concern unfunded
actuarial liability disclosed by the initial valuation.
(3) In determining any solvency gain or solvency deficiency ^p^^^'^^^^ ^
of the Plan, solvency assets shall include the present value of solvency
future special payments resulting from the initial valuation. a^set
12
Bill 36
PUBLIC SERVICE PENSION
1989
When sfjecial
payments
cease
(4) When the special payments made as a result of the ini-
tial valuation, the prepayments and additional payments made
under subsection 10 (7), and the actuarial gains applied under
paragraph 3 of subsection (2) have liquidated the going con-
cern unfunded actuarial liability disclosed by the initial valua-
tion, no further special payments shall be made, notwithstand-
ing that the period of forty years used in the initial valuation
has not then expired.
Minister to
approve
valuation
(5) No valuation of the Plan after the initial valuation shall
be filed by the Board with the Pension Commission of
Ontario until the Minister has advised the Board in writing
that he or she agrees that the valuation be filed.
Payment of
[jensions
under other
Acts
R.S.O. 1980,
cc. 419, 490
12. Every allowance, annuity, deferred annuity or other
payment under the Public Service Superannuation Act or a
predecessor Act or under the Superannuation Adjustment
Benefits Act, including any payment authorized to be made
from the Consolidated Revenue Fund, that, before the 1st day
of January, 1990, a person is receiving, is entitled to receive,
or is entitled to receive with the payment thereof deferred
until the year 1990 or later, shall be paid out of the Fund in
accordance with the Act under which entitlement to the pay-
ment arose.
Expiry of
appointments
13. On the 31st day of December, 1989, the term of
appointment of any person under the Public Service Superan-
nuation Act as a member of the Public Service Superannuation
Board expires.
Continued
application
14. — (1) The Public Service Superannuation Act, as it read
on the 31st day of December, 1989, continues to apply to the
computation or payment of every allowance, annuity, defer-
red annuity or payment to the payment of which a person has
become entitled under that Act prior to that date, and contin-
ues to apply in respect of every person who, within the mean-
ing of that Act, has ceased to be a contributor before that
date and is entitled to a deferred annuity under that Act.
Exception
for re-
employment
(2) A person mentioned in subsection (1) who is re-
employed in the service of the Crown or who becomes a mem-
ber of the Plan, on or after the 1st day of January, 1990, for a
prescribed period of time and in prescribed circumstances,
terms or conditions, and who is required by, or entitled
under, the Plan to contribute to the Fund in respect of such
re-employment, may participate in the Plan to the extent pre-
scribed with respect to the computation or payment of a pen-
sion or other payment and subsection (1) does not apply in
the circumstances.
1989 PUBLIC SERVICE PENSION Bill 36 13
(3) The Lieutenant Governor in Council may make regu- Regulations
lations prescribing a period or periods of time and prescribing
circumstances, terms or conditions and the extent of participa-
tion in the Plan for the purpose of subsection (2).
15. The provisions of the Superannuation Adjustment Ben- ^ s.o. i980,
efits Act relating to the payment of, or contribution for, fol^piy^^^"
adjustment benefits or any other benefit described in that Act
in respect of any allowance, annuity, deferred annuity or
other payment arising under the Public Service Superannua- RS-O. i980,
tion Act cease to apply on and after the 1st day of January,
1990.
c. 419
16. — (1) A contributor as defined in the Public Service p^^^-
r. ^- /» ^ u retirement
Superannuation Act who, marriage
(a) is being paid an allowance or annuity under that
Act;
(b) has no spouse entitled to a survivor allowance under
section 20 of that Act; and
(c) becomes the spouse of a person who would not be
entitled on the death of the contributor to a survi-
vor allowance under section 20 of that Act,
may in writing direct the Board to pay to the person, if he or
she survives the death of the contributor, a survivor allowance
under section 20 of that Act for life of 50 per cent, 55 per
cent, 60 per cent, 65 per cent, 70 per cent or 75 per cent of
the allowance or annuity received by the contributor immedi-
ately before his or her death.
(2) A direction mentioned in subsection (1) must be deliv- T™e limit
ered to the Board,
(a) within ninety days after the date on which the con-
tributor became the spouse of the person to whom
the survivor allowance is directed to be paid; or
(b) if immediately before the person becomes the
spouse of the contributor there is a child of the con-
tributor who would be entitled on the contributor's
death to receive an allowance under the Public
Service Superannuation Act, within ninety days after
the date the child ceases to be entitled to receive
the allowance;
(c) the 30th day of June , 1 990; or
14
Bill 36
PUBLIC SERVICE PENSION
1989
(d) the last day of the sixth month following the month
in which this Act receives Royal Assent.
Exception (3) xhc Board may accept a direction delivered after the
time mentioned in subsection (2) if the Board is satisfied that
the contributor is in good health having regard to his or her
age.
Actuarial
reduction of
allowance
R.S.O. 1980,
c. 419
(4) The annuity or allowance payable to a contributor who
has given a direction in accordance with this section shall be
actuarially reduced in a manner approved by the Board to
reflect the survivor allowance directed to be paid and, subject
to subsection (5), and to section 20 of the Public Service
Superannuation Act, the survivor allowance shall be paid in
the percentage specified in the direction to the spouse if he or
she survives the death of the contributor.
Prior interest
of child
(5) A survivor allowance under this section shall not be
paid while there is a child of the deceased contributor entitled
to receive an allowance as a result of the death of the contri-
butor.
Refund when
no survivor
allowance
payable
Repeals
(6) If a contributor who is in receipt of an allowance or
annuity dies survived by a child or children under eighteen
years of age or by a spouse from whom the contributor is not
living separate and apart, and if none of them is entitled to a
survivor allowance under section 20 of the Public Service
Superannuation Act, this section or that Act as a result of the
death of the contributor, the amount, if any, by which twice
the total of contributions made under the Public Service
Superannuation Act to the Public Service Superannuation
Fund by or on behalf of the contributor and of the interest
credited in that Fund to the contributor exceeds the total
payments made from the Fund and the Public Service
Superannuation Fund to the contributor shall be paid from the
Fund to the surviving spouse, or if there is no surviving
spouse, to the child or children, if any, of the contributor
under eighteen years of age at the contributor's death.
17. — (1) The following are repealed on the 1st day of
January, 1990:
1. The Public Service Superannuation Act, being
chapter 419 of the Revised Statutes of Ontario,
1980, excluding subsection 20 (7).
Item 13 of the Schedule to the Revised Statutes
Amendment Act, 1981, being chapter 66.
1989 PUBLIC SERVICE PENSION Bill 36 15
3. The Public Service Superannuation Amendment Act,
1983, being chapter 44.
4. Section 3 of the Provincial Judges and Masters
Statute Law Amendment Act, 1983, being chapter
78.
5. The Public Service Superannuation Amendment Act,
1984, being chapter 22.
6. Section 74 of the Family Law Act, 1986, being
chapter 4.
7. The Public Service Superannuation Amendment Act,
1986, being chapter 12.
8. Section 60 of the Equality Rights Statute Law
Amendment Act, 1986, being chapter 64.
(2) Subsection 20 (7) of the Public Service Superannuation ^'^^^
Act is repealed on the 31st day of December, 1989.
18. This Act comes into force on the 31st day of Decem- Commence-
„„^ ment
ber, 1989.
19. The short title of this Act is the Public Service Pension short title
Act, 1989.
16 Bill 36 PUBLIC SERVICE PENSION 1989
SCHEDULE 1
PUBLIC SERVICE PENSION PLAN
Definitions 1. In this Schedule,
"actuary" means a Fellow of the Canadian Institute of Actuaries;
"annual salary rate" means the hourly, weekly or other rate at which a per-
son's salary is paid expressed as an annual salary according to such con-
sistently applied formula as the Board considers appropriate having
regard to the hours regularly worked by a full-time employee in the
position occupied by the person for whom the annual salary rate is
determined or in a comparable position;
"average annual salary" means the average of the member's annual salary
rate in each month of the period of sixty consecutive months of mem-
bership in the Plan that produces the highest average, but if the member
does not have a period of sixty consecutive months of membership in
the Plan, "average annual salary" means the average of the member's
annual salary rate in each month of the member's longest period of con-
secutive months of membership in the Plan;
"average year's maximum pensionable earnings", with respect to any mem-
ber, means the average of the Year's Maximum Pensionable Earnings
R.S.C. 1985, under the Canada Pension Plan for the year in which the member ceases
c- C-8 to be a member of the Plan and for each of the two preceding years;
"Board" means the Public Service Pension Board referred to in this Sched-
ule;
1986, c. 4 "child" has the same meaning as in the Family Law Act, 1986;
"continuous", in relation to employment, membership or service, means
without regard to periods of temporary suspension of the employment,
membership or service, and without regard to periods of lay-off from
employment;
"credit", when used in reference to credit in the Plan, means the total
period of time, calculated in years of full-time employment, for which
contributions are made to the Fund on behalf of the member or for
which a member is employed and for which contributions to the Fund
have been made, and where the member's employment is less than full-
time employment, credit shall be given on the basis of the proportion of
full-time employment represented by the member's employment for
which contributions are made to the Fund;
'Crown" means the Crown in right of Ontario;
'employer" means,
(a) the Crown,
I
(b) an agency, board, commission, foundation or organization desig-
nated by order of the Lieutenant Governor in Council as an
employer for the purposes of the Plan,
(c) the Provincial Auditor, and
1989 PUBLIC SERVICE PENSION Bill 36 17
(d) the employer of persons required by any Act of the Legislature
to be members of this Plan or the pension plan established by
the Public Service Superannuation Act or a predecessor Act;
"former member" means a person who has ceased to hold a position, office
or designation that entitles the person to be a member of the Plan, and
who,
(a) is entitled, either immediately or at a future time, to payment of
a pension under the Plan, or
(b) is entitled to receive any other payment under the Plan;
"Fund" means the Public Service Pension Fund;
"member" means a person,
(a) who is required to join the Plan,
(b) who is designated for the purpxjse of section 9 of the Plan, or
(c) who is not required to join the Plan, but is entitled to join the
Plan and has elected to do so,
but does not include a former member;
"Minister" means the Chairman of the Management Board of Cabinet;
"pension" means a pension benefit that is being paid to a person under the
Plan;
"pension benefit" means the aggregate monthly, annual or other periodic
amounts, if any, to which a member will become entitled under the Plan
on or after ceasing to be a member or to which any other person will
become entitled under the Plan upon the death of a member or former
member;
"Plan" means the Public Service Pension Plan set out in this Schedule;
"salary", in relation to a member, means the amount of money payable to
a member and computed by reference to the hours, days, weeks or
other specific periods of time for which the member is employed, but
does not include overtime pay or any payment to the member in lieu of
a benefit provided by the employer or any payment determined by the
Board not to be part of a member's salary;
"spouse" means either of a man and woman who,
(a) are married to each other, or
(b) are not married to each other and are living together in a conju-
gal relationship,
(i) continuously for a period of not less than three years, or
(ii) in a relationship of some permanence, if they are the natu-
ral or adoptive parents, as defined in the Family Law Act, 1986, c. 4
1986, of a child;
"Treasurer" means the Treasurer of Ontario and Minister of Economics.
2. — (1) The following persons and classes of persons who have not Plan
attained sixty-five years of age are members of the Plan: members
18
Bill 36
PUBLIC SERVICE PENSION
1989
R.S.O. 1980,
c. 418
1. Persons who are civil servants within the meaning of the Public
Service Act.
2. A class of employees of any agency, board, commission, foundation
or organization that is established under an Act of the Legislature and
that is designated by order of the Lieutenant Governor in Council as
one whose employees in that class are required to be members of the
Plan.
R.S.O. 1980,
c. 419
Elective
membership
R.S.O. 1980,
c. 418
Idem
3. Persons employed in the Office of the Provincial Auditor.
4. Persons required by any Act of the Legislature to be members of this
Plan or the pension plan established by the Public Service Superannu-
ation Act or a predecessor Act.
5. Any person employed in a capacity or position that is designated by
order of the Lieutenant Governor in Council as requiring the
employee to be a member of the Plan.
(2) Persons to whom subsection (1) does not apply and who are
employed,
(a) by the Crown under the Public Service Act;
(b) by an agency, board, commission, foundation or organization desig-
nated by order of the Lieutenant Governor in Council as one whose
employees in a designated class are members of the Plan; or
(c) by an agency, board, commission, foundation or organization the per-
manent and full-time probationary staff of which are by any Act
required to be members of the Plan,
are entitled to be members of the Plan upon filing with the Board a written
election to be a member, and after fulfilling any conditions specified in the
order mentioned in clause (b).
(3) A person appointed by the Lieutenant Governor in Council to
membership on an agency, board, commission, foundation or organization
is, when the appointment so permits or the position has been designated by
the Lieutenant Governor in Council for the purpose of this subsection, enti-
tled to be a member of the Plan upon filing with the Board a written elec-
tion to be a member, and after fulfilling any conditions specified in the
appointment or designation.
Termination
of
membership
R.S.C.
c. 148
1952,
Persons not
entitled to be
members
R.S.C. 1985,
c. C-8
3. A member ceases to be a member of the Plan upon termination by
death or otherwise of the employment, office or circumstances that required
or entitled him or her to be a member of the Plan or upon attaining the
maximum age for contributors to a pension fund or plan specified under the
provisions of the Income Tax Act (Canada) and regulations made there-
under for the registration under that Act of a pension fund or plan. M
4. A person is not entitled to be a member of the Plan if the person,
(a) is a member of, or a contributor to, a pension plan to which the
Crown contributes other than this Plan or the Canada Pension Plan;
or
(b) has attained the maximum age for contributors to a pension fund or]
plan specified under the provisions of the Income Tax Act (Canada) ;
and regulations made thereunder for the registration under that Act i
of a pension fund or plan.
1989
PUBLIC SERVICE PENSION
Bill 36
19
R.S.C. 1985,
c. C-8
5.— (1) Subject to section 7, contributions required to be made under Contributions
this Plan by an employer or by any member, including interest required to *" and
be paid to the Fund, shall be paid into the Fund, and any payment required Payments
by the Plan to be made to any person shall be made out of the Fund, and ^'^°^ ^""'^
all moneys not required to be paid out shall be invested to meet the obliga-
tions and liabilities of the Plan.
(2) The fiscal year of the Plan is the twelve-month period commencing Fiscal year
on the 1st day of January in each year.
6. — (1) Subject to subsection (5), every member shall contribute to the Contributions
Fund from the salary paid to the member for the calendar year, by members
(a) 8 per cent of the amount of salary that does not exceed the Year's
Basic Exemption as prescribed by the Canada Pension Plan;
(b) 6.2 per cent of the amount of salary that exceeds the Year's Basic
Exemption and does not exceed the Year's Maximum Pensionable
Earnings as prescribed by the Canada Pension Plan; and
(c) 8 per cent of the amount of salary in excess of the Year's Maximum
Pensionable Earnings as prescribed by the Canada Pension Plan.
(2) In addition to the contribution required by subsection (1), every Additional
member employed in the Ontario Provincial Police Force shall contribute to contribution
the Fund an amount equal to 2 per cent of the salary paid to him or her for
the calendar year.
(3) The contributions to be made by a member to the Fund shall be Deduction of
deducted from the member's salary by the person who pays the member's contributions
salary, and shall be paid to the credit of the Fund within fifteen days from
the date the contribution was deducted or within such longer time as the
Board authorizes in writing.
(4) A member shall be given credit in the Plan for the time in respect Credit for
of which contributions to the Fund are made by or on behalf of the contributions
member.
(5) A member may cease to contribute to the Fund on or after attain- When no
ing sixty- five years of age. contribution
required
(6) Interest calculated as determined by the Board shall be credited to Interest
each member in each year of the Plan on the amount of contributions,
including interest previously credited to the member, standing to the
member's credit in the Fund.
7. — (1) Unless otherwise expressly stated in the Plan, for each month Contributions
the employer shall pay into the Fund an amount equal to the amount of by employer
contributions paid into the Fund by or on behalf of members in that month.
(2) If the salary of members who are contributing to the Fund is paid Special funds
by a board, commission, foundation, agency, branch or division that has a
special fund or appropriation designated or granted by the Lieutenant Gov-
ernor in Council or the Assembly for the payment of the employer's contri-
butions under the Plan, contributions required to be made by the employer
shall be made from that fund or appropriation in accordance with such for-
mula as may be determined by the Minister for the purpose.
(3) Any amount in the Fund that is indicated by an actuarial valuation Surplus may
for the purpose of the Plan to be surplus to the requirements of the Plan reduce
while it continues in existence may, at the direction of the Minister, be cOT^ribmions
applied to the payment of the contributions to be made by the employer
20
Bill 36
PUBLIC SERVICE PENSION
1989
under subsection (1) for so long as there is no going concern unfunded actu-
arial liability or solvency deficiency, as defined in subsection 8 (1) of this
Act, in the Plan.
Surplus (4) Any amount in the Fund that is indicated by an actuarial valuation
for the purpose of the Plan to be surplus to the requirements of the Plan
while it continues in existence or upon its wind up may, to the extent per-
1987, c. 35 mitted by the Pension Benefits Act, 1987, be withdrawn by the employer
from the Fund.
Deficiency
Limitation
Unfunded
liabilities
(5) If in any year the amount of cash and assets capable of sale in the
Fund is insufficient to meet the payments out of the Fund in the year after
the sale of the assets capable of sale, the Treasurer shall pay from the
Consolidated Revenue Fund an amount sufficient to make up the
deficiency.
(6) Subsection (5) ceases to apply if an agreement mentioned in sub-
section 6 (5) of this Act is in force.
(7) Subject to this Act, the employer shall pay into the Fund the
amount indicated in an actuarial valuation to be required to meet any
unfunded liabilities of the Plan.
Leave of
absence with
pay
Leave of
absence
without pay
8. — (1) If a member has been granted a leave of absence from employ-
ment and continues to receive a part or all of his or her salary during the
leave, the member shall make the contributions required by section 6.
(2) If a member is granted a leave of absence from employment and
receives no salary during the leave, no credit shall be given to the member
in the Plan for the period of the leave of absence unless the member contri-
butes to the Fund in accordance with section 1 1 .
Continued
membership
on release
from
employment
Contributions
Long term
income
protection
R.S.O. 1980,
c. 418
Contribution
on behalf of
disabled
member
Amount
9. — (1) A member who is released from employment and who is desig-
nated by the Lieutenant Governor in Council for the purpose of this section
continues to be entitled to contribute to the Fund in accordance with this
section until the end of the month in which the member becomes eligible
for a pension under section 15, or until the expiration of five years from the
member's release from employment, whichever first occurs.
(2) Contributions by or on behalf of a member mentioned in subsection
(1) shall be made on the basis of the member's annual salary rate immedi-
ately before the member was released from employment.
10. — (1) In this section, "long term income protection plan" means the
Long Term Income Protection Plan from time to time applicable to mem-
bers who are public servants, as defined in the Public Service Act, to miti-
gate the loss of income resulting from a lengthy disability, and includes any
plan that applies to members who are not public servants if the Board con-
siders the plan to be substantially similar to the Long Term Income Protec-
tion Plan applicable to public servants.
(2) If a member qualifies for a benefit under a long term income pro-
tection plan as a result of a disability incurred on or after the 1st day of
July, 1974, the employer that employed the member on the date when the
member qualified for the benefit shall, subject to subsection (6), contribute
to the Fund on behalf of the member the amounts set out in subsections
(3), (4) and (5) while the member continues to qualify for the benefit.
(3) Subject to subsection (4), the contributions mentioned in subsection
(2) shall be calculated in accordance with section 6 and paid on the annual
salary rate of the member immediately before the disability was incurred in
respect of which he or she qualifies for a benefit.
1989
PUBLIC SERVICE PENSION
Bill 36
21
(4) If the member mentioned in subsection (2) was, in the opinion of Part-time
the Board, employed on a part-time basis in the month before the disabihty employment
was incurred, the contributions mentioned in subsection (2) shall be calcu-
lated in accordance with section 6 and paid only for that part of each month
in which the member continues to qualify for the benefit that is equal to the
ratio that, in the twelve months ending on the last day of the month imme-
diately preceding the month when the disability was incurred, the member's
part-time employment is of full-time employment in the position occupied
by the member or in a comparable position.
(5) The annual salary rate on which contributions under this section are Increased
based shall be increased in each year following the year in which the mem- contribution
ber first qualified for a benefit by the same percentage as would be applic-
able if the annual salary rate of the member immediately before the cessa-
tion of employment as a result of disability were increased in each
subsequent year during which the member remains entitled to benefits
under the Long Term Income Protection Plan in the same manner as an
adjusted pension is increased in each year by the adjustment for inflation
under section 24.
(6) Subsections (2), (3), (4) and (5) continue to apply whether or not When
the member is in receipt of the benefit under the Long Term Income Pro- contributions
tection Plan, but those subsections cease to apply when the member ceases '^^^^^
to be a member, accrues thirty-five years of credit in the Plan or attains
sixty-five years of age, whichever first occurs.
(7) A person on whose behalf contributions are made under subsection Continued
(2) continues to be a member of the Plan and to accrue credit in the Plan membership
for the time in respect of which contributions are made on his or her behalf
under this section.
(8) The annual salary rate on which contributions are based under this Average
section shall be included in the computation of the average annual salary of annua' salary
a member on whose behalf contributions are made under this section.
11. — (1) On such terms and conditions as are fixed by the Board, a
member may purchase credit in the Plan,
(a) for a period of active service during World War II or the Korean War
in His or Her Majesty's naval, army or air forces, in the Canadian or
British merchant marine, or in any naval, army or air force that was
allied with His or Her Majesty's forces and that is designated by
order of the Lieutenant Governor in Council;
(b) for a period of service with an employer who contributed to the Fund
or a predecessor fund throughout the period, and for which the mem-
ber has no credit in the Plan and no claim for pension benefits from
the Plan;
(c) for a period of employment by a person who did not contribute to
the Fund or a predecessor fund for the period, if the period is before
the member's becoming a member and if,
(i) during that period of service, the person provided to employees
a pension plan that is or was a pension plan registered under the
Income Tax Act (Canada), and
(ii) the period, if any, for which credit in the plan referred to in sub-
clause (i) was given to the member is reduced by the period for
which credit in the Plan is purchased so that credit in the Plan is
not given for any part of the period for which credit is retained
in the plan referred to in subclause (i);
Prior service
with the
Crown, etc.
R.S.C. 1952,
c. 148
22
Bill 36
PUBLIC SERVICE PENSION
1989
(d) for a leave of absence without pay for more than one month for
special or educational purposes; or
(e) for a leave of absence without pay for more than one month because
of illness, pregnancy or adoption of a child.
Payment (2) To purchase credit referred to in clause (1) (c), a member shall pay
to the Fund the amount determined by the Board on the recommendation
of the actuary to be equal to the actuarial value of the additional expected
benefits to which the member will become entitled because of obtaining the
credit.
Wem (3) To purchase the credit referred to in clause (1) (b) or (e), a mem-
ber shall pay to the Fund an amount equal to the product of,
(a) the annual salary rate of the member on the date when the member's
written application containing all information required by the Board
for the purchase of the credit is received by the Board;
(b) the contribution rates determined under subsection 6 (1); and
(c) the length in years of the period of prior service for which credit is
purchased.
Idem (4) Despite subsection (3), if any payment has been made from the
Fund or a predecessor fund in respect of the service for which credit is
being purchased under clause (1) (b), and if the total amount paid, includ-
ing interest thereon at such rate as the Board determines, exceeds the
amount determined under subsection (3) for the purchase of that credit in
the Plan, the member making the purchase shall pay the higher amount.
Idem (5) To purchase credit referred to in clause (1) (a) or (d), a member
shall pay to the Fund an amount equal to the product of,
(a) the annual salary rate of the member on the date when the member's
written application containing all information required by the Board
for the purchase of the credit is received by the Board;
(b) twice the contribution rates determined under subsection 6 (1); and
(c) the length in years of the period of prior service for which credit is
purchased.
Limitation (6) Any credit referred to in subsection (1) may be purchased only if
application therefor is made to the Board in writing within twenty-four
months after the latest of,
(a) the day on which the member for whom credit is to be purchased
became a member of the Flan;
(b) the last day of the most recent continuous period for which credit is
being purchased; or
(c) the 31st day of December, 1989.
Instalments (7) If the amount payable by a member to purchase credit under this
section exceeds $500, the amount may be paid in such number of instal-
ments of principal and interest over a period of not more than ten years as
the Board permits in accordance with terms and conditions established for
instalment payments and for the completion of payment on the death or
retirement from employment of the member.
I
1989
PUBLIC SERVICE PENSION
Bill 36
23
(8) The employer is not required to pay to the Fund an amount equal
to a payment made by any person under subsection (2), (5) or section 36.
12. The Board shall cause a record to be kept of each member's contri-
butions to the Fund, of the total period of service for which a member has
credit in the Plan, and of the annual salary rates of each member while a
member and of all other information necessary for the administrative,
actuarial and financial requirements of the Plan.
13. — (1) A member who has not attained sixty-five years of age and
who ceases to be a member of the Plan before completing a continuous
period of twenty-four months of membership and with credit in the Plan of
less than two years is entitled to the refund provided by either or both of
subsections (12) and (13), as the case requires.
(2) A member who has not attained sixty-five years of age and who
ceases to be a member of the Plan after completing a continuous period of
twenty-four months of membership or with two or more years of credit in
the Plan and before completing ten years of continuous membership and
with credit in the Plan for less than ten years is entitled to the refund pro-
vided by subsection (12).
Matching
payments
required
Contribution,
salary and
service
record
Refunds
before
twenty-four
months
membership
Refund
before ten
years
membership
(3) A member who, for reasons other than the member's death or disa- Refund
bility, ceases to be a member of the Plan before attaining forty-five years of before age
age and after completing a continuous period of ten or more years of mem- ^0"^-^^^
bership or with ten or more years of credit in the Plan is entitled to the
refund provided by subsection (12) if the member does not elect a deferred
pension in respect of his or her credit in the Plan for service or membership
prior to the 1st day of January, 1987.
(4) A member who has attained sixty-five years of age and who ceases Refund after
to be a member of the Plan before completing a continuous period of age sixty-five
twenty-four months of membership and with credit in the Plan of less than
two years is entitled to the refund provided by either or both of subsections
(12) and (13), as the case requires, and to the payment provided by sub-
section (14).
(5) A member who has attained sixty-five years of age and who ceases Idem
to be a member of the Plan after completing a continuous period of twenty-
four months of membership or with two or more years of credit in the Plan
and before completing ten years of continuous membership and with credit
in the Plan for less than ten years is entitled to the refund provided by sub-
section (12) and to the payment provided by subsection (14).
(6) When the cessation of membership referred to in subsection (1), Refund on
(2), (4) or (5) occurs because of the death of the member, and the member death where
is not survived by a child or children under eighteen years of age or by a "° survivor
spouse from whom the member is not living separate and apart at the mem-
ber's death, the refund mentioned in those subsections, but not a payment
described in subsection (14), shall be paid to the member's estate.
(7) If a member dies while a member of the Plan and after completing Idem
a continuous period of ten or more years of membership or with ten or
more years of credit in the Plan and, if the member is not survived by a
child or children under eighteen years of age or by a spouse from whom the
member is not living separate and apart at the member's death, the mem-
ber's estate is entitled to be paid the refund provided by subsection (12).
(8) Despite subsections (1), (2), (4) and (5), if the cessation of mem- Refund on
bership referred to in those subsections occurs because of the death of the death to
member, and the member is survived by a child or children under eighteen s"'^'^°''
years of age or by a spouse from whom the member is not living separate
24
Bill 36
PUBLIC SERVICE PENSION
1989
Refund when
contributions
exceed
pension
Idem
Refund for
disabled
member
Pre-1987
service
refund
Post- 1986
service
refund
Additional
payment
and apart, the spouse, or if there is no such spouse surviving, the child or
children under eighteen years of age is or are, as the case requires, entitled,
(a) if the death is a cessation of membership referred to in subsection (1)
or (4), to the refund provided by either or both of subsections (12)
and (13) and to the payment provided by subsection (14); or
(b) if the death is a cessation of membership referred to in subsection (2)
or (5), to the refund provided by subsection (12) and to the payment
provided by subsection (14).
(9) The amount, if any, by which the total of contributions made to
the Fund by or on behalf of a member and the interest credited to the
member under subsection 6 (6) exceeds the total payments made from the
Fund to the member as a former member and as a survivor pension to the
former member's spouse or child or children as a result of the former mem-
ber's death shall be paid to the former member's estate.
(10) Despite subsection (9), if a former member who is in receipt of a
pension dies survived by a child or children under eighteen years of age or
by a spouse from whom the former member is not living separate and
apart, and if none of them is entitled to a survivor pension under the Plan
as a result of the death of the former member, the amount, if any, by
which the aggregate of such of the amounts mentioned in subsections (12)
and (13) as are applicable and of the additional amount mentioned in sub-
section (14) exceeds the total payments made from the Fund to the former
member shall be paid to the surviving spouse, or if there is no surviving
spouse, to the child or children, if any, of the former member under eigh-
teen years of age at the former member's death.
(11) Despite subsections (1), (2), (4) and (5), a member with credit in
the Plan for less than ten years and with less than ten years of continuous
membership in the Plan who ceases to be a member because of a mental or
physical incapacity that is found by the Board to have rendered the member
unable to perform his or her duties is entitled to be paid from the Fund the
amount, if any, by which,
(a) the aggregate of such of the amounts mentioned in subsections (12)
and (13) as are applicable and of the additional amount mentioned in
subsection (14),
exceeds,
(b) the aggregate of the amount of the commuted value of any pension
benefit for which the member is eligible and the amount of any
refund to which the member is entitled under subsection (15).
(12) A person entitled to a refund provided by this subsection is enti-
tled to be paid from the Fund an amount equal to the total of the contribu-
tions made to the Fund or a predecessor fund by or on behalf of the mem-
ber in respect of employment or service for any period before the 1st day of
January, 1987, together with the interest credited in the Fund to the mem-
ber.
(13) A person entitled to a refund provided by this subsection is enti-
tled to be paid from the Fund an amount equal to the total of the contribu-
tions made to the Fund or a predecessor Fund by or on behalf of the mem-
ber in resf)ect of employment or service for any period after the 31st day of
December, 1986, together with interest credited in the Fund to the member.
(14) A person entitled to a payment provided by this subsection is enti-
tled to be paid from the Fund an additional amount equal to,
I
1989
PUBLIC SERVICE PENSION
Bill 36
25
(a) the amount of a refund to which the person is also entitled under
either or both of subsections (12) and (13),
less,
(b) any portion of the amount of the refund that is attributable to a pay-
ment made by the person under subsection 1 1 (2) or (5) or section 36
and interest credited to the member in respect thereof.
(15) The amount by which the total of the contributions, other than 50 per cent
contributions made under subsection 11 (2) or (5) or section 36, made to ru'e
the Fund by or on behalf of a member in respect of employment or service
for any period after the 31st day of December, 1986 and the interest cred-
ited to the member in the Fund on those contributions exceeds one-half of
the commuted value, excluding credit in the Plan for contributions made
under subsection 11 (2) or (5) or section 36 in respect of employment or
service after the 31st day of December, 1986, of the pension or deferred
pension in respject of that employment or service to which the member is
entitled on ceasing to be a member shall be refunded to the former mem-
ber.
(16) The amount by which the total of the payment to the Fund made Excess past
under subsection 1 1 (2) or (5) or section 36 and the interest credited to the service
member on that payment in accordance with the Pension Benefits Act, 1987 Payments
exceeds the commuted value of the credit in the Plan that was purchased '"^^""'*^'*
with that payment and that is included in a deferred pension that the mem- ^^^^' '^' ^^
ber has elected to transfer under subsection 16 (6) shall be refunded to the
former member.
(17) A payment or refund to be made under this section shall be paid Lump sum
in a lump sum payment. payments
(18) A refund made under this section, other than subsection (15), Credit
reduces the member's or former member's credit in the Plan by the period reduced
of time in respect of which the refund is calculated.
(19) For the purpose of subsections (6), (7), (8) and (9), a child shall Interpretation
not be deemed to have attained eighteen years of age if the child would
not, for the purpose of section 23, be deemed to have attained that age.
Disability
pension
14. — (1) Every member with ten or more years of credit or with ten or
more years of continuous membership in the Plan who is found by the
Board to be unable to perform his or her duties by reason of mental or
physical incapacity is entitled to a disability pension under this section upon
applying therefor to the Board and upon resigning from employment.
(2) The Board may at any time review the case of any former member Review by
to whom a pension under subsection (1) is paid and, if, in the opinion of Board
the Board, the former member has recovered sufficiently to perform his or
her former duties, or to perform other duties in the public service, the
Board shall report the case to the Human Resources Secretariat and to the
ministry, agency or other organizational unit where the former member was
employed immediately before his or her disability, and the former member
shall be considered for re-employment.
(3) If a former member to whom a pension under this section is paid is Re-
offered re-employment after the review referred to in subsection (2), the employment
former member ceases to be entitled to receive payment of any further pen-
sion under this section whether or not the offer of re-employment is
accepted.
26
Bill 36
PUBLIC SERVICE PENSION
1989
Other (4) The termination of the payment of a pension under this section in
pension accordance with subsection (3) does not affect a former member's right to
not' affected ^PP'y ^^^ ^ pension for which he or she is eligible under any other provision
of the Plan.
Pension at
age sixty-five
Pension at
age sixty
Ninety-year
rule
Retirement
from O.P.P.
Payment
Deferred
pension
Payment of
pension
under
subs. (1)
Pre- 1966
credit
Payment of
pension
under
subs. (3)
15. — (1) Every member who has twenty-four or more months of contin-
uous membership in the Plan or who has two or more years of credit in the
Plan and who ceases to be a member of the Plan on or after attaining
sixty-five years of age is entitled to a pension computed in accordance with
the Plan, except that, if the member has less than ten years of continuous
membership and has credit in the Plan for less than ten years, the pension
shall be computed only on his or her credit in the Plan for employment or
service after the 31st day of December, 1986.
(2) Every member who has at least twenty years of credit in the Plan
and who ceases to be a member of the Plan on or after attaining sixty years
of age is entitled to a pension computed in accordance with the Plan.
(3) Every member who has credit in the Plan for a period of time that,
when added to the member's age on the date the member ceases to be a
member of the Plan, totals at least ninety years is entitled to a pension
computed in accordance with the Plan.
(4) Every member who has at least thirty years of credit in the Plan,
who is a member of the Ontario Provincial Police Force when he or she
ceases to be a member of the Plan, and who ceases to be a member of the
Plan on or after attaining fifty years of age is entitled to a pension com-
puted in accordance with the Plan.
(5) Payment of a pension to which a member is entitled under this sec-
tion shall commence in the month following the month when the member
ceases to be a member of the Plan.
16. — (1) Every member who has twenty-four or more months of contin-
uous membership in the Plan or two or more years of credit in the Plan,
who ceases to be a member, and who is neither in receipt of a pension pro-
vided for in section 14 nor entitled to a pension provided for in section 15
is entitled to a pension computed in accordance with the Plan, except that,
if the member has less than ten years of continuous membership and has
credit in the Plan for less than ten years, the pension shall be computed
only on his or her credit in the Plan for employment or service after the
31st day of December, 1986.
(2) Payment of the pension provided for in subsection (1) shall com-
mence in the month following the month when the former member will
attain sixty-five years of age or, if the former member so elects in writing to
the Board, payment of the pension shall, subject to the reductions men-
tioned in section 17, commence in the month following any month that is
not earlier than the month when the former member will attain fifty-five
years of age or later than the month when the former member will attain
sixty-five years of age.
(3) Every member who, on ceasing to be a member, has credit in the
Plan that is equal to a period of time commencing before the 1st day of
January, 1966 and ending with the day the member ceases to be a member,
and who is neither in receipt of a pension provided for in section 14 nor
entitled to a pension provided for in section 15, is entitled to a pension
computed in accordance with the Plan.
(4) Payment of the pension provided for in subsection (3) shall com-
mence in the month following the month when the former member will
attain sixty years of age or, if the former member so elects in writing to the
I
1989
PUBLIC SERVICE PENSION
Bill 36
27
Board, payment of the pension shall, subject to the reductions mentioned in
section 17, commence in the month following any month that is not earlier
than the month when the former member will attain fifty years of age or
later than the month when the former member will attain sixty years of age.
(5) An election made under subsection (2) or (4) may, with the
approval of the Board, be revoked by the member or former member and a
fresh election in writing to the Board may be made if the commencement of
payment therein provided for is neither earlier than the month following the
month when the fresh election is delivered to the Board nor earlier than is
permitted by subsection (2) or (4), whichever is applicable, and is not later
than the latest month permitted by subsection (2) or (4), whichever is
applicable, but no election may be revoked after payment of the pension is
due to commence.
Revocation
of election
(6) A former member who is entitled to a pension under subsection (1) Transfer of
or (3) and who has not attained fifty-five years of age in the case of a pen- commuted
sion mentioned in subsection (1) or has not attained fifty years of age in the ^^'"^ °^
case of a pension mentioned in subsection (3) may require the commuted P^"^'°"
value of the pension to be paid, subject to section 43 of the Pension 1987, c. 35
Benefits Act, 1987 and to the regulations made under that Act,
(a) to the pension fund of another pension plan that agrees to accept the
payment;
1^ (b) into a retirement savings arrangement prescribed under the Pension
Benefits Act, 1987; or
(c) for the purchase for the former member of a deferred life annuity
under which payments will not commence before the former member
attains fifty-five years of age, if the pension the commuted value of
which is paid is mentioned in subsection (1), or fifty years of age, if
the pension the commuted value of which is paid is mentioned in sub-
section (3), and if the contract to purchase the annuity meets the
requirements prescribed under the Pension Benefits Act, 1987.
17. — (1) Subject to subsections 15 (I) and 16 (1) and to the other sub- Computation
sections of this section, the annual amount of every pension payable to a of pension
former member is 2 per cent of the former member's average annual salary
multiplied by the former member's years of credit in the Plan, including any
fraction of a year, to a maximum of thirty-five years.
(2) The annual amount of pension payable to a former member who,
on ceasing to be a member, has credit in the Plan that is equal to a period
of time commencing before the 1st day of January, 1966 and ending with
the day the member ceases to be a member, who has not attained sixty-five
years of age, and while the former member is not in receipt of a disability
pension under the Canada Pension Plan shall be computed in accordance
with subsection (1) as though the reference to si\ty consecutive months in
determining the former member's average annual salary were a reference to
thirty-six consecutive months and shall be paid, subject to the reduction
required by subsection (5), until the former member attains sixty-five years
of age or receives a disability pension under the Canada Pension Plan, and
upon the occurrence of either of those events, the former member's pension
shall be recomputed in accordance with subsection (1) without reference to
this subsection.
Pension for
pre- 1 966
credit
R.S.C. 1985,
c. C-8
(3) When a former member,
(a) who is in receipt of a pension attains sixty-five years of age or
receives a disability pension under the Canada Pension Plan; or
CPP
reduction
28
Bill 36
PUBLIC SERVICE PENSION
1989
Early
retirement
reduction
(b) who is not in receipt of a pension commences to receive a pension on
or after attaining sixty-five years of age,
the annual amount of the pension computed under subsection (1) shall be
reduced by the product of,
(c) 0.7 per cent of the lesser of,
(i) the former member's average annual salary, and
(ii) the former member's average year's maximum pensionable earn-
ings; and
(d) the number of years, including any fraction of a year, of the former
member's credit in the Plan for service on or after the 1st day of
January, 1966 to a maximum of thirty-five years.
(4) The annual amount of every pension provided for in subsection
16 (1) shall, after computation in accordance with subsection (1), be
reduced by five-twelfths of 1 per cent thereof for each month in the period
commencing with the first day of the month in which payment of the pen-
sion is to commence and ending with the last day of the month when the
former member will attain sixty-five years of age, and when the reduction
required by subsection (3) is calculated, the reduction required by this sub-
section applies only to the annual amount of pension payable after giving
effect to the reduction required by subsection (3) and shall, if applicable, be
recalculated on that basis.
Idem, pre-
1966 credit
R.S.O.
c. 419
R.S.C.
c. C-8
1980,
1985,
(5) The annual amount of every pension provided for in subsection
16 (3) shall, after computation in accordance with subsection (2), be
reduced as required by the Public Service Superannuation Act, as it read on
the 31st day of December, 1965, and the reduction shall continue until the
former member attains sixty-five years of age or receives a disability pen-
sion under the Canada Pension Plan and, upon the occurrence of either of
those events, the former member's pension shall be recomputed in accord-
ance with subsection (1) and reduced as required by subsection (3), and the
annual amount of pension payable after that reduction shall be further
reduced by five-twelfths of 1 per cent thereof for each month in the period
commencing with the first day of the month in which payment of the pen-
sion commenced and ending with the last day of the month when the for-
mer member attained sixty years of age.
Guarantee (6) If the annual amount of pension computed in accordance with sub-
for pre- 1966 section (1),
credit
(a) less the reduction required by subsection (3) and, if applicable, sub-
section (5); and
(b) plus.
(i) the annual amount of any disability pension to the former mem-
ber from the Canada Pension Plan, or
(ii) the annual amount of pension that the former member would
have received from the Canada Pension Plan if that pension
commenced only on the former member's attaining sixty-five
years of age,
other than the part of that pension derived from contributions made
to the Canada Pension Plan after the former member ceased to be a
member of the Plan,
I
1989
PUBLIC SERVICE PENSION
Bill 36
29
that is payable to a former member who,
(c) has credit in the Plan that is equal to a period of time commencing
before the 1st day of January, 1966 and ending with the day the for-
mer member ceased to be a member of the Plan; and
(d) has attained sixty-five years of age or is receiving a disability pension
under the Canada Pension Plan,
is less than the annuity or annual amount of allowance that would be pay-
able to the former member under the Public Service Superannuation Act, as R.S.O. 1980,
it read on the 31st day of December, 1965, in respect of the former mem- c. 419
ber's credit in the Plan, the amount of the difference shall be added to the
annual amount of the pension computed in accordance with subsection (1)
that is payable after making the reductions required by subsection (3) and,
if applicable, subsection (5).
(7) There shall be excluded from the period of time mentioned in sub- Exception to
section 16 (3) and subsections (2) and (6) any period of time for which a guarantee
former member has credit in the Plan and for which the former member
was employed by a person who did not, during or after that period of time,
contribute to the Fund or a predecessor fund under the Plan or the Public
Service Superannuation Act.
(8) If, on the first day of the month when payment of the pension to a Reduction
former member is to commence, the former member has a spouse from for survivor
whom the former member is not living separate and apart, the annual P^^^'O"
amount of the former member's pension computed in accordance with this
section, other than this subsection, shall be reduced in such manner as the
Board approves to reflect the following rules:
1. Determine the present value of the pension payable to the former
member and the spouse on the assumption that a survivor pension is
payable to the spouse equal to one-half of the former member's pen-
sion computed in accordance with this section, other than this subsec-
tion, that the survivor pension is payable for the lifetime of the sur-
viving spouse, and that, if the spouse was not the spouse of the
former member when the former member ceased to be a member of
the Plan, no survivor pension is payable to the spouse.
2. Determine the reduction in the amount of the former member's
annual amount of pension computed in accordance with this section,
other than this subsection, that is required in order to provide to the
spouse of the former member, at the present value determined under
paragraph 1, the survivor pension provided by subsection 19 (1).
3. Reduce the annual amount of the former member's pension computed
in accordance with this section, other than this subsection, by the
amount of the reduction determined under paragraph 2.
(9) If a computation under this section involves a part of a year, the Computation
part shall be determined on the basis of full months, and, °^ partial
year
(a) any part of a month that is less than fifteen days shall be disregarded;
and
(b) any part of a month that is fifteen days or more shall be deemed to
be a month.
18. — (1) The Board is not required to commence payment of a pension Application
to which a person is entitled under the Plan until a written application is ^°^ pension
delivered to the Board setting out such information as is prescribed and
30
Bill 36
PUBLIC SERVICE PENSION
1989
Commutation
of pension
R.S.C. 1985,
c. C-8
1987, c. 35
Pension to
surviving
spouse
such information as is, in the opinion of the Board, necessary to establish
the person's entitlement to the pension and the amount thereof.
Payment (2) Unless otherwise expressly provided in this Plan, a pension,
(a) is payable in monthly instalments for life; and
(b) ceases to be payable after the month when the person in receipt of
the pension dies or entitlement to payment of the pension ceases.
(3) If a person is entitled to be paid a pension the annual amount of
which, before the reductions mentioned in subsections 17 (4) and (5), is not
more than,
(a) 2 per cent of the Year's Maximum Pensionable Earnings as prescribed
by the Canada Pension Plan; or
(b) such greater amount as is permitted by the Pension Benefits Act,
1987,
in the year when the member for whose credit in the Plan the pension is
payable ceased to be a member of the Plan, the Board may pay the com-
muted value of the pension to the person.
19. — (1) Subject to subsections (2) and (3), if, on the first day of the
month in which payment of a pension to a former member is to commence,
the former member has a spouse from whom the former member is not liv-
ing separate and apart, the spouse is, if he or she survives the death of the
former member, entitled to be paid for his or her lifetime an annual
amount of pension equal to 60 per cent of the annual amount of pension
that the former member is entitled to receive in the month when the former
member dies, and payment thereof shall commence in the month following
the month when the former member dies.
Death before (2) If a survivor pension under subsection (1) or subsection 21 (1) is
age sixty-five payable as the result of the death of a former member before attaining
sixty-five years of age and before the reduction of his or her pension in
accordance with subsection 17 (3), the annual amount of pension on which
the survivor pension is based shall be reduced in accordance with that sub-
section as though the former member had attained sixty-five years of age
immediately before his or her death.
(3) Despite subsection (1), a member or former member and the
spouse of the member or former member from whom the member or for-
mer member is not living separate and apart,
(a) may elect that the spouse receive a survivor pension under subsection
(1) of 50 per cent rather than 60 per cent if the member or former
member and the spouse are not or were not living separate and apart
when the member or former member ceases or ceased to be a mem-
ber of the Plan; or
(b) may waive the spouse's entitlement to a survivor pension under sub-
section (1) if the member or former member and the spouse are or
were living separate and apart when the member or former member
ceases or ceased to be a member of the Plan,
by delivering to the Board within twelve months prior to the month when
payment of the pension to the member or former member is to commence a
written direction in the form approved by the Board and signed by both of
them or a certified copy of a domestic contract, within the meaning of Part
1986, c. 4 IV of the Family Law Act, 1986, containing the election or waiver.
I
Waiver of
survivor
pension
1989
PUBLIC SERVICE PENSION
Bill 36
31
(4) Persons who have delivered a waiver or election under subsection Revocation
(3) may jointly cancel the waiver or election by written notice of cancella- ^t waiver or
tion signed by them and delivered to the Board before the month when the ^'^ction
pension is to commence to be paid to the member or former member.
(5) The reduction required by subsection 17 (8) shall not be made if an Reduction
election or waiver made as permitted by subsection (3) is in force in the not to be
month when the pension is to commence to be paid to the member or "^^^^
former member.
(6) On the death of a spouse to whom a survivor pension is paid under
this section, section 20 or 23, an annual amount of pension equal to that
survivor pension is payable to or among such of the child or children of the
former member on whose death the survivor pension became payable to the
spouse as are, at the death of the spouse, under eighteen years of age until
each child attains that age or dies under that age, and the share of the
children who attain that age or die under that age accrues to the child or
children, if any, remaining under that age.
20. — (1) The amount of the survivor pension payable under section 19
may be increased to 65 per cent, 70 per cent or 75 per cent of the pension
of the former member, after taking into account the reduction required by
subsection (4), by a written direction signed by the member or former
member on whose pension the survivor pension is based specifying the per-
centage to which the survivor pension is to be increased, and the direction
shall be delivered to the Board at least two years prior to the month when
payment of the pension to the member or former member is to commence.
(2) The Board shall accept a direction mentioned in subsection (1) that Idem
is delivered to the Board after the time mentioned in that subsection and
before the month when the pension is to commence to be paid to the mem-
ber or former member if the Board is satisfied that the member or former
member is in good health having regard to his or her age.
Survivor
pension to
child on
death of
spouse
Increased
survivor
pension
(3) A direction delivered in accordance with subsection (1) or accepted
in accordance with subsection (2) is of no effect if the member who gives it
dies while a member of the Plan.
When
direction not
valid
(4) The annual amount of pension computed in accordance with section Actuarial
17 payable to a former member who has given a valid direction delivered in reduction of
accordance with subsection (1) or accepted in accordance with subsection P^n^'O"
(2) shall be actuarially reduced in a manner approved by the Board to
reflect the increased survivor pension specified in the direction and the
increased survivor pension shall be paid in lieu of that provided for in
section 19.
(5) A person who gives a direction mentioned in subsection (1) or (2) Revocation
may revoke the direction by a written revocation delivered to the Board of direction
before the month when payment of the person's pension is to commence.
Post-
retirement
marriage
21. — (1) Subject to subsection 19 (2), a former member who, after
commencing to receive a pension and when the former member has no
spouse entitled to a survivor pension under section 19, becomes the spouse
of a person who would not be entitled on the death of the former member
to a survivor pension under section 19 may in writing direct the Board to
pay to the person, if he or she survives the death of the former member, a
survivor pension for life of 50 per cent, 55 per cent, 60 per cent, 65 per
cent, 70 per cent or 75 per cent of the pension received by the former
member immediately before his or her death.
(2) A direction mentioned in subsection (1) must be delivered to the Time limit
Board,
32
Bill 36
PUBLIC SERVICE PENSION
1989
Exception
Actuarial
reduction of
pension
Prior interest
of child
Survivor
pension on
death before
payment of
pension
(a) within ninety days after the date on which the former member
became the spouse of the person to whom the survivor pension is
directed to be paid; or
(b) if immediately before the person becomes the spouse of the former
member there is a child of the former member who would be entitled
on the former member's death to receive a pension, within ninety
days after the date the child ceases to be entitled to receive the
pension.
(3) The Board may accept a direction mentioned in subsection (1) and
delivered after the time mentioned in subsection (2) if the Board is satisfied
that the former member giving the direction is in good health having regard
to his or her age.
(4) The annual amount of pension payable to a former member who
has given a valid direction in accordance with this section shall be actuari-
ally reduced in a manner approved by the Board to reflect the survivor pen-
sion directed to be paid and, subject to subsection (5), the survivor pension
shall be paid in the percentage specified in the direction to the spouse if he
or she survives the death of the former member.
(5) A survivor pension under this section shall not be paid while there
is a child of the deceased former member entitled to receive a pension as a
resuh of the death of the former member.
22. — (1) If a member who has twenty-four or more months of continu-
ous membership or two or more years of credit in the Plan,
(a) dies while a member of the Plan; or
(b) dies after ceasing to be a member of the Plan and before the begin-
ning of the month when payment of his or her pension is to com-
mence,
the commuted value, as determined by the Board, of the member's or for-
mer member's pension benefit determined immediately prior to his or her
death and on the basis only of his or her credit in the Plan for employment
or service after 1986 is payable,
(c) to the spouse of the member or former member from whom the
member or former member is not living separate and apart;
(d) if no payment under clause (c) can be made, or if the member or for-
mer member has no spouse who survives the date of death of the
member or former member, to the beneficiary designated in accord-
ance with this section by the member or former member; or
(e) if no payment can be made under clause (c) or (d), to the estate of
the member or former member.
Payment to (2) Subject to subsection (3), the commuted value payable under sub-
spouse section (1) to the spouse of a member or former member shall be paid in
the form of an immediate pension for the lifetime of the spouse, and the
commuted value of the pension so payable shall be equal to the commuted
value payable under subsection (1), and payment thereof shall commence in
the month following the month when the member or former member dies.
Election by (3) The spouse to whom an immediate pension is payable under sub-
spouse section (2) may, in writing in the approved form delivered to the Board in
the time fixed by the Board, elect to receive the commuted value payable
under subsection (1) in the form of.
1989
PUBLIC SERVICE PENSION
Bill 36
33
(a) a single lump sum payment equal to the commuted value payable
under subsection (1); or
(b) a deferred pension the commuted value of which is equal to the com-
muted value payable under subsection (1).
(4) A member or former member and his or her spouse may, by writ- Waiver of
ten waiver in the approved form delivered to the Board in the time fixed by spouse's
the Board, waive the spouse's entitlement under subsection (1) and, while entitlement
the waiver is in effect, that subsection shall be applied as if the member or
former member does not have a spouse on the date of the death of the
member or former member.
(5) The designation of a beneficiary for the purpose of this section shall Designation
be made and delivered to the Board in such form and manner as the Board of beneficiary
requires.
23. — (1) If a member who has ten or more years of credit in the Plan Survivor
or has ten or more years of continuous membership in the Plan dies while a pension for
member of the Plan, or dies after ceasing to be a member of the Plan and P''e"|987
before the beginning of the month when payment of his or her pension is to
commence, an annual amount of pension equal to one-half of the member's
or former member's pension computed in accordance with section 17 as
though the member or former member had attained sixty-five years of age
and on the basis only of his or her credit in the Plan for employment or
service before 1987 is payable,
(a) to the spouse of the member or former member from whom the
member or former member, at his or her death and at the cessation
of his or her membership in the Plan, was not living separate and
apart; or
(b) if no payment under clause (a) can be made, to or among such of the
child or children of the member or former member as are, at the
death of the member or former member, under eighteen years of age
until each child attains that age or dies under that age, and the share
of each of the children who attains that age or dies under that age
accrues to the child or children, if any, remaining under that age.
(2) Payment of a survivor pension under this section shall commence in Payment
the month following the month when the member or former member dies,
and the survivor pension payable to a spouse under this section is payable
for the life of the spouse.
(3) For the purpose of this section and subsection 19 (6), a child who Exception for
has attained eighteen years of age shall be deemed not to have attained that higher
age if, since attaining that age, the child has been, in the opinion of the ^ "
Board, continuously in full-time attendance at either or both of,
(a) a secondary school; or
(b) for five years following secondary school, a post-secondary educa-
tional institution that is recognized as such by the Board.
24. — (1) In the formulas in this section,
"A" is the carry forward determined for the immediately preceding
year,
"B" is the basic ratio for the year,
"C" is the adjustment ratio for the year.
Inflation
adjustment
34 Bill 36 PUBLIC SERVICE PENSION 1989
"D" is the basic ratio for the year next following the year when the
member for whose credit in the Plan the pension in respect of which
the formula is applied is payable ceased to be a member of the Plan,
and shall be calculated to a maximum of 1.080 or to a minimum of
1.000, and
"E" is the number of full months in the year that are after the month
in the year when the member for whose credit in the Plan the pen-
sion in respect of which the formula is applied is payable ceased to be
a member of the Plan.
Definitions (2) In this section,
"accumulated adjustment ratio", for the pension of a person, means the
product of the multiplication of all adjustment ratios for the years in the
period commencing with the year when the member for whose credit in
the Plan the pension is payable ceased to be a member of the Plan and
ending with the year for which the accumulated adjustment ratio is being
determined;
"adjustment ratio", for the pension of a person, means,
(a) for any year before the year 1976 and for the year when the member
for whose credit in the Plan the pension is payable ceased to be a
member of the Plan, 1.000,
(b) if the member for whose credit in the Plan the pension is payable
ceased to be a member of the Plan in or after the year 1975, for the
year next following the year when the member for whose credit in the
Plan the pension is payable ceased to be a member of the Plan, the
ratio determined by the formula
"[(D — 1.000) X E / 12] + 1.000", and
(c) for the later of the year 1976 and the second year after the year when
the member for whose credit in the Plan the pension is payable
ceased to be a member of the Plan arid for any subsequent year, the
ratio determined by the formula "A + B" calculated to a maximum
of 1 .080 or to a minimum of 1 .000;
"basic ratio", for a year, means the ratio expressed to three decimal places
that the average for the Consumer Price Index over the last twelve
months of the twenty-four-month period ending with the 30th day of
September in the immediately preceding year bears to the average for
the Consumer Price Index over the first twelve months of that period;
"carry forward", with respect to the pension of a person, means,
(a) for any year before the year 1976, for the year when the member for
whose credit in the Plan the pension is payable ceased to be a mem-
ber of the Plan and for the year next following that year, nil, and
(b) for the later of the year 1976 and the second year following the year
when the member for whose credit in the Plan the pension is payable
ceased to be a member of the Plan and for any subsequent year, the
positive or negative number determined by the formula "A -I- B —
C";
"Consumer Price Index" means the Consumer Price Index for Canada as
R.S.C. 1985, published by Statistics Canada under the authority of the Statistics Act
c. S-19 (Canada);
I
1989
PUBLIC SERVICE PENSION
Bill 36
35
"member" includes a contributor within the meaning of the Public Service R.s.O. 1980,
Superannuation Act or a predecessor Act; c. 419
"pension" means a pension to which a person is entitled from the Plan
other than the adjustment for inflation provided by this section, and an
allowance, annuity, deferred annuity or other periodic payments to
which a person has become entitled under the Public Service Superannu- R.S.O. 1980,
ation Act or a predecessor Act; c. 419
"Plan" includes the pension plan established under the Public Service Super-
annuation Act and any predecessor Act.
(3) The annual amount of pension payable to a person from the Fund
shall, commencing with the year when payment of the pension is to com-
mence and in each subsequent year that the pension continues to be pay-
able, be adjusted for inflation by multiplying the annual amount of the pen-
sion by the accumulated adjustment ratio for the pension of the person for
that year, and the amount by which the pension thus adjusted exceeds the
annual amount of pension before the adjustment in each year shall be paid
to the person entitled to receive the pension for which it is calculated at the
same times, in the same manner and subject to the same terms and condi-
tions as apply to the pension in respect of which it is paid.
Payment of
inflation
adjustment
(4) The ratio determined for the year 1990 under the Superannuation
Adjustment Benefits Act does not apply to a pension to which this section
applies.
25. — (1) A full-time employee who is permitted to continue the duties
of his or her position as a part-time employee in accordance with this sec-
tion for the final years of his or her employment in the public service is
entitled to have his or her pension determined in accordance with this sec-
tion if the employee meets all of the conditions set out in subsection (2)
and gives the notice of election required by subsection (3).
Ratio not to
apply
R.S.O. 1980,
c. 490
Pre-
retirement
part-time
employment
(2) The conditions referred to in subsection (1) are.
Conditions
(a) that the employee's part-time employment must be and continue to
be,
(i) in a position that requires regular employment for at least four-
teen hours per week or nine full days in each four weeks, or
(ii) full-time employment in a classified position in the civil service
for at least one-third of each twelve-month period or part
thereof following the giving of the notice required by subsection
(3) and before the employee's retirement on the date provided
for in the notice;
(b) that the employee must not be employed as a regular full-time
employee in the public service at any time after giving the notice
required by subsection (3) and before receiving a pension under the
Plan;
(c) that during the period of part-time employment specified by the
employee in the notice given in accordance with subsection (3), con-
tributions are made to the Fund by the employee and the employer
on the basis of the salary payable for full-time employment in the
position held by the employee immediately before the giving of the
notice; and
36
Bill 36
PUBLIC SERVICE PENSION
1989
Notice
Pension on
basis of
full-time
employment
(d) that the employee's deputy minister must approve in writing the
change from full-time to part-time employment proposed by the
employee.
(3) A full-time employee who wishes to contribute to the Fund on the
basis provided for in this section shall give to his or her deputy minister a
written notice signed by the employee stating,
(a) that the employee intends to retire from employment in the public
service not later than five years after the day on which the notice is
given;
(b) that the employee wishes to perform the duties of his or her position
on a part-time basis until retirement from employment; and
(c) that the employee wishes to continue to contribute to the Fund on
the basis of his or her salary as a full-time employee in the position.
(4) Despite the definition of "annual salary rate" and "credit", while
an employee continues to comply with the conditions described in sub-
section (2),
(a) contributions shall be made to the Fund by the employee and the
employer on the basis of the salary payable for full-time employment
in the position held by the employee immediately before the giving of
the notice;
(b) the employee's annual salary rate shall be that on which contributions
to the Fund are paid; and
(c) the employee shall be given credit in the Plan on the basis of full-
time employment in the position in which the employee is employed
part-time.
Resuming
full-time
employment
(5) If an employee who contributes to the Fund in accordance with this
section resumes full-time employment in the public service after giving the
notice required by subsection (3) and before receiving his or her pension,
the employee's contributions to the Fund and credit in the Plan shall be
recomputed without reference to subsection (4).
Excess (6) Contributions to the Fund under this section in excess of those
contnbutions required after the application of subsection (5) shall be refunded to the per-
refunded ^^^ ^^^^ ^^-^ ^j^^^
Interpretation (7) In this section, "public service" has the same meaning as in the
R.S.O. 1980, Public Service Act.
c. 418
Re- 26. — (1) If a former member who is receiving a pension is, in the opin-
employment jon of the Board, re-employed or engaged in any capacity by an employer
pensioner ^^^ contributes to the Fund, any pension that the former member is enti-
tled to receive during the re-emplayment or engagement shall, for any
period of three months commencing on the 1st day of January, April, July
or October in any year during which the former member is so re-employed
or engaged, be reduced by the amount by which the sum of,
(a) three times the monthly salary paid to the former member in that
period of three months; and
(b) the pension payable to the former member in that period of three
months if this section were not applicable to the former member.
1989
PUBLIC SERVICE PENSION
Bill 36
37
exceeds the product of three times the monthly salary payable to the former
member for the last full month of employment before he or she ceased to
be a member of the Plan.
(2) Any period of re-employment or engagement referred to in sub- Idem
section (I) for which a person may and does contribute to the Fund shall be
added to the person's credit in the Plan, and any pension payable on termi-
nation of the re-employment or engagement shall be recalculated to take
into account the additional credit and any pension earlier received by the
person.
(3) Despite subsection (I), the pension of a person who is appointed by Re-
the Lieutenant Governor in Council for a period not exceeding six months employment
at a time to provide to the Crown the professional, expert or technical '" ^^P^^
knowledge of the person in a special capacity required by the Crown shall '^^P^'^'^y
not be reduced if the appointment so provides.
27. — (1) Every transaction that purports to assign, charge, anticipate or Void
give as security the interest, or any part thereof, of any person in the Fund transactions
or in any pension or other sum payable out of the Fund is void.
(2) The interest of any person in the Fund or in any pension or other Exemption
sum payable out of the Fund is exempt from execution, seizure or attach- ^^om seizure
ment.
(3) Subject to section 52 of the Pension Benefits Act, 1987, subsections Order or
(1) and (2) do not apply to prevent the operation of any order under the separation
Family Law Act, 1986 or the provisions of a domestic contract, as defined 1987, c. 35
in Part IV of that Act. 1986, c. 4
(4) Subsections (1) and (2) do not apply to prevent execution, seizure Order for
or attachment in satisfaction of an order for support or maintenance support or
enforceable in Ontario to a maximim of one-half of the interest of any per- "^amtenance
son in the Fund or in any pension or other sum payable out of the Fund.
(5) Subsection (4) applies to oiders of support or maintenance enforce- Application
able in Ontario whether made before or after the 31st day of December, of subs. (4)
1989.
R.S.C. 1952,
c. 148
(6) Despite subsections (1) and (2), if a person entitled to a refund or a Payment into
lump-sum payment from the Fund requests the Board in writing to have the °^^^'^ '^""'^^
refund or payment paid,
(a) into another registered pension plan;
(b) into a registered retirement savings plan that meets the requirements
of the Income Tax Act (Canada);
(c) to an insurance company to purchase an immediate or deferred life
annuity; or
(d) into a pension plan approved by the Board,
the refund or payment shall be so paid.
28. — (1) A payment to be made under the Plan to a member's estate Payment to
may be made to the executor or administrator of the member's estate or to ^^^^'^
the person or persons who appear to the Board to be properly acting in the
administration or distribution of the member's estate or, if no executor or
administrator or other person acting in the administration or distribution of
the member's estate can be ascertained to the satisfaction of the Board, the
38
Bill 36
PUBLIC SERVICE PENSION
1989
payment may be paid into the Supreme Court of Ontario to the credit of
the member's estate.
Missing (2) If, after the death of a person, no spouse or child or designated
beneficiary beneficiary of that person can be found entitled to receive a pension on the
person's death, and the Board is satisfied that reasonable inquiries have
been made to find the spouse or child or designated beneficiary, and more
than one year has passed since the death of the person, the Board may,
despite any other provision of the Plan, direct that the money that would be
payable under the Plan to the person's estate if the person had died leaving
no surviving child or spouse or designated beneficiary entitled to be paid a
pension on the person's death be paid to the person's estate upon such
^ terms and conditions as the Board determines.
Beneficiary
later found
(3) If the spouse or child or designated beneficiary referred to in sub-
section (2) is subsequently found and a claim is made for any money pay-
able under the Plan, the Board may direct that such money, less any money
paid under subsection (2), be paid to the spouse or child or designated ben-
eficiary, as the case may be.
Board to be 29. — (!) The Public Service Superannuation Board is continued under
corporation thg name of the Public Service Pension Board and the Board is constituted
a corporation without share capital.
Application
of
R.S.O. 1980,
c. 95
Board
members
Term of
office
Idem
1987, c. 35
(2) The Corporations Act does not apply to the Board.
(3) The Board shall be composed of at least four members appointed
by the Lieutenant Governor in Council, one of whom shall be representa-
tive of the members of the Plan who are members of a union with whom
the employer has a collective agreement.
(4) Each appointment or reappointment of a Board member shall be
for such term, not exceeding three years, as the Lieutenant Governor in
Council specifies.
(5) If the Lieutenant Governor in Council considers it appropriate and
desirable, members may be appointed to the Board because of their exper-
tise in the management, investment or administration of pension plans or in
order to represent on the Board, subject to the requirements of the
Pension Benefits Act, 1987, the concerns of the Crown, of members
required to contribute to the Fund or of persons receiving pensions under
the Plan.
Reappointment (6) A member whose appointment has expired may be reappointed to
the Board, but no reappointment sh;iH be for a term that, when added to
the member's current unbroken period of membership, exceeds six consecu-
tive years of membership.
Chairperson
and vice-
chairperson
(7) From the members of the Board, the Lieutenant Governor in
Council may designate a chairperson and one or more vice-chairpersons for
a term not to exceed two years or such lesser period as the person remains
a member of the Board and, if the Lieutenant Governor in Council does
not designate a chairperson or vice-chairperson within one month after the
position becomes vacant, the members of the Board shall elect one of them
to be chairperson, and may elect one or more of them to be vice-
chairperson, but the term for which any chairperson or vice-chairperson is
elected shall not exceed two years or the remaining period of his or her
appointment to the Board, whichever is shorter.
1989
I
PUBLIC SERVICE PENSION
Bill 36
30. The Lieutenant Governor in Council shall establish the remunera-
tion or range of remuneration to be paid to a member of the Board and to
the chairperson and vice-chairperson, but no member of the Board who is
employed in the public service of Ontario shall be paid any remuneration
other than reimbursement for expenses actually incurred in the performance
of his or her duties as a member of the Board or an honorarium in recogni-
tion of salary lost by the public servant for attendance at a meeting of the
Board.
39
Remuneration
31. — (1) It is the duty and responsibility of the Board to administer the
Plan and manage the Fund in accordance with this Act, the Plan and the
Pension Benefits Act, 1987.
(2) The Board shall appoint or employ an actuary, an auditor and such
officers, employees, advisers, experts and other persons as are required to
carry out the duties and responsibilities of the Board.
(3) The Board may make rules and by-laws for the administration and
management of the Plan and the Fund and for the conduct of the affairs of
the Board and committees of the Board, and may, for such period as the
Board determines and on such terms and conditions as the Board considers
appropriate, assign or delegate to any officer, employee, member or com-
mittee of the Board or other person retained by the Board the performance
or exercise of any of the duties or responsibilities of the Board as the Board
considers necessary or desirable.
Duty of
Board
1987, c. 35
Employment
of officers
and others
Board may
make rules
(4) Without restricting the generality of subsection (3), the Board may
make rules.
Idem
(a) prescribing the proofs to be furnished as a condition to the payment
of a pension;
(b) excluding from salary on which contributions to the Fund are based
any payment to a member that is, in the opinion of the Board, not a
regular and usual part of the normal remuneration for the member's
employment or is a payment in the nature of a special consideration
or employee benefit;
(c) approving forms and providing for their use; and
(d) requiring members of the Plan, recipients of pensions under the Plan
or applicants for pensions under the Plan to furnish information to or
for the use of the Board, and prescribing the form thereof and the
information to be furnished.
32. The Board has and may exercise all of the powers and capacities of Powers of
a natural person that are considered by the Board to be necessary or inci- Board
dental to the carrying out of its duties and responsibilities under this Act
and the Plan and, in particular, the Board may,
(a) contract and be contracted with and sue and be sued;
(b) acquire by purchase, lease or otherwise any real or personal property
for its own use or as an investment of the Fund, and may sell, lease
or otherwise dispose of all or any part of its property in its discretion;
(c) participate with others as a partner or as a member of a syndicate or
association of persons in the acquisition, holding, management or dis-
position of any property by way of investment or otherwise;
40
Bill 36
PUBLIC SERVICE PENSION
1989
(d) determine the rate of remuneration and the employee benefits and
perquisites for its employees and the conditions of employment undei'
which they are employed;
(e) with the approval of the Management Board of Cabinet, enter int
such arrangements as are considered necessary by the Board for t\
purchase from the Crown of the services of any employee or ministr
of the Crown, or for the use of any facilities or equipment belonging
to the Crown, that may assist the Board in the management or
administration of the Plan or the Fund; and
(f) with the approval of the Lieutenant Governor in Council, enter into
an agreement to administer any other pension plan or fund or admin-
ister a benefit plan to provide health or medical or other benefits to
persons who have ceased to be members of the Plan and are entitled
to a pension, and to recover, where appropriate, the costs of such
administration from that plan or fund.
Committees 33. — (1) The Board may establish such committees as are considered
necessary or desirable.
Committee (2) A committee established by the Board may, with the approval of
may delegate the Board and in accordance with the policy established by the committee
or the Board, delegate to an officer or employee of the Board any of the
duties and responsibilities of the committee, including those delegated to
the committee by the Board.
Quorum 34. The quorum for any meeting of the Board or a committee of the
Board shall be at least a majority of the members of the Board or commit-
tee.
Expenses 35. The expenses of the operation of the Board, the administration of
the Plan and the management of the Fund shall be paid out of the Fund.
Reciprocal
transfer
agreements
continue to
apply
R.S.O. 1980,
c. 419
Transfer to
Plan of credit
in other
plans
36. — (1) Any agreement in writing between a person and the Minister
or the Crown for the reciprocal transfer of pension credits between the
Public Service Superannuation Fund established under the Public Service
Superannuation Act and another pension plan continues to apply to the Plan
with all necessary modifications.
(2) If the Board enters into a written agreement with an employer to
whom the Plan does not extend for the transfer to the Plan of credit for a
person's service with that employer, the person shall, on becoming a mem-
ber and requesting a transfer of credit to the Plan in accordance with the
agreement, pay or cause to be paid into the Fund the amount provided for
in the agreement for the purchase of the credit that is being transferred.
Transfer to
other plan of
credit in Plan
R.S.C. 1952,
c. 148
(3) If the Board enters into a written agreement for the transfer from
the Plan to another pension plan registered under the Income Tax Act
(Canada) of credit in the Plan in respect of members who become members
of the other plan, the Board shall, at the request of a member transferring
credit from the Plan in accordance with the agreement, pay from the Fund
to the Plan to which the member's credit is being transferred the amount
provided for in the agreement for the purchase of credit for the member in
the other plan.
Transfer
agreements
prevail
(4) Subsections (1) to (3) apply despite section 11 or 13.
J
1989
PUBLIC SERVICE PENSION
Bill 36
41
(5) The Board shall not enter into an agreement mentioned in sub- Approval of
section (2) or (3) until the agreement is approved by the Lieutenant agreements
Governor in Council.
37. After the close of each fiscal year, the Board shall submit to the Annual
Minister a report for the fiscal year just ended of the financial and other report
affairs of the Plan and the Fund, and the Minister shall submit the report to
the Lieutenant Governor in Council and shall then lay the report before the
Legislative Assembly if it is in session or, if not, at the next session.
Ref)ort re
O.P.P. early
retirement
benefit
38. — (1) In the reports to the Minister under section 37, the Board
shall identify,
(a) the additional cost to the Plan of the pension provided to members of
the Ontario Provincial Police Force by subsection 15 (4) over the cost
of the pension or deferred pension that would be payable without that
subsection; and
(b) the financial benefit to the Plan from the contributions of members of
the Ontario Provincial Police Force under subsection 6 (2), from the
employer's contributions made to match contributions under that sub-
section, and from the return reasonably attributable to the investment
of the contributions and of the proceeds received by the Fund from
the transfers under subsections 7 (2) and (3) of this Act.
(2) The Board shall also indicate in its reports the sufficiency of the
financial benefits referred to in clause (1) (b) to meet the additional costs
referred to in clause (1) (a) and whether those additional costs for pensions
that are being paid at the end of the year for which the report is made have
been met by the financial benefits that have then accrued to the Fund.
39. — (1) Each employee of the Board and his or her heirs, executors
and administrators shall be indemnified and saved harmless by the Board
from and against all costs, charges and expenses sustained or incurred in or
about any action, suit, proceeding or claim against him or her for any act,
omission, deed, matter or other thing made, done or permitted or omitted
to be made or done in or about the execution of the duties of his or her
employment by the Board, and every payment made for the indemnification
is an administrative expense of the Board.
(2) Indemnification under subsection (1) does not extend to the act or Limitation
omission to act of any person that was done or omitted to be done dishon-
estly or in bad faith.
Idem
Indemnifi-
cation
42 Bill 36 PUBLIC SERVICE PENSION
SCHEDULE 2
INTERIM PAYMENTS OF UNFUNDED LIABILITY
Date of payment Amount of payment
1. January 1, 1990 $7,283,000
2. February 1, 1990 7,316,000
3. March 1, 1990 7,349,000
4. April 1, 1990 7,381,000
5. May 1, 1990 7,414,000
6. June 1, 1990 7,448,000
7. July 1, 1990 7,481,000
8. August 1, 1990 7,514,000
9. September 1, 1990 7,548,000
10. October 1, 1990 7,582,000
11. November 1, 1990 7,616,000
12. December 1, 1990 7,650,000
13. January 1, 1991 7,684,000
14. February 1, 1991 7,718,000
15. March 1, 1991 7,753,000
16. April 1, 1991 7,787,000
17. May 1,1991 7,822,000
18. June 1, 1991 7,857,000
19. July 1, 1991 7,892,000
20. August 1, 1991 7,928,000
21. September 1, 1991 7,963,000
22. October 1, 1991 7,999,000
23. November 1, 1991 8,034,000
24. December 1, 1991 8,070,000
25. January 1, 1992 8,106,000
26. February 1, 1992 8,143,000
27. March 1,1992 8,179,000
28. April 1, 1992 8,216,000
29. May 1,1992 8,252,000
30. June 1, 1992 8,289,000
31. July 1, 1992 8,326,000
32. August 1,1992 8,364,000
33. September 1, 1992 8,401,000
34. October 1, 1992 8,439,000
35. November 1, 1992 8,476,000
36. December 1, 1992 8,514,000
Bill 37
iND SESSION, 34th LEGISLATURE, ONTARIO
Government Bill
38 ELIZABETH II, 1989
Bill 37
An Act to amend the Assessment Act
The Hon. B. Grandmaitre
Minister of Revenue
1st Reading June 21st, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
©Queen's Printer for Ontario
EXPLANATORY NOTES
The Bill provides for a reduction in the business assessment of land used by distil-
lers. For the 1989 taxation year, the business assessment is reduced from 140 per cent t(
100 per cent of the assessed value of the land. For the 1990 and subsequent taxatioi
years, the business assessment is further reduced to 75 per cent of the assessed value
The Bill provides for compensating grants to the affected municipalities.
The Bill also provides for the release of assessment information on comparable prop
erties, and permits the disclosure of information to municipalities and school boards t<
assist in their planning.
SECTION 1. This amendment reduces the business assessment payable by distillers fo
the 1989 taxation year to 100 per cent of the assessed value of the land and to 75 pe
cent for the 1990 and subsequent taxation years.
SECTION 2. This section provides authority for the Minister of Municipal Affairs t(
make grants in 1989, 1990 and 1991 to compensate municipalities for revenue losses
resulting from the reduction in business assessment payable by distillers.
SECTION 3. This section provides authority for the Minister of Municipal Affairs to
make further grants in 1992, 1993 and 1994 to compensate those municipalities in which
the losses of revenue resulting from the business assessment reduction for distillers are
considered by the Minister to be significant.
SECTION 4. — Subsection 1. This amendment extends the existing information disclosure
provisions to employees of school boards in addition to assessors and municipal employ-
ees.
Subsection 2. This section will permit assessors to disclose information to ratepayers to
assist them in determining the fairness of their assessments. Actual income and expense
information on individual properties may not be disclosed. Municipalities and school
boards will be supplied with assessment information to assist them for planning purposes,
but not actual income and expense information on individual properties.
Bill 37 1989
An Act to amend the Assessment Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Clause 7 (1) (a) of the Assessment Act, being chapter 31
of the Revised Statutes of Ontario, 1980, as re-enacted by the
Statutes of Ontario, 1986, chapter 69, section 3, is repealed
and the following substituted therefor:
(a) The business of a distiller for a sum equal to,
(i) for the 1989 taxation year, 100 per cent of the
assessed value of the land so occupied or
used, exclusive of the portion of the land
occupied or used for the distilling of alcohol
solely for industrial purposes, and for a sum
equal to 75 per cent of the assessed value as
to such last-mentioned portion, and
(ii) for the 1990 and subsequent taxation years, 75
per cent of the assessed value of the land so
occupied or used.
2. In each of the years 1989, 1990 and 1991, the Minister of g™?^ by
,,, *' ' , J Minister of
Municipal Affairs may make grants, upon such terms and con- Municipal
ditions as the Minister considers necessary, to any municipality ^^"•'^
to compensate the municipality for a loss of tax revenue result-
ing from the reduction in the rate of business assessment pro-
vided by clause 7 (1) (a) of the Assessment Act, as re-enacted by
section 1 of this Act.
3. In addition to any grants that may have been paid pur- ^^*^'°"*'
suant to section 2, in each of the years 1992, 1993 and 1994,
the Minister of Municipal Affairs may, where the Minister con-
siders that the loss of revenue has been sufficiently significant,
make further grants, upon such terms and conditions as the
Minister considers necessary, to any municipality to further
compensate the municipality for a loss in revenue resulting
from the reduction in the rate of business assessment provided
Bill 37
ASSESSMENT
1989
by clause 7 (1) (a) of the Assessment Act, as re-enacted by sec-
tion 1 of this Act.
4. — (1) Subsection 57 (1) of the said Act is amended by
inserting after "municipality" in the second Hne "or school
board".
Exception
Idem
Commence-
ment
Short title
(2) Section 57 of the said Act is amended by adding thereto
the following subsections:
(3) Despite subsection (1), upon the request of a person
assessed under this Act, an assessor may provide sufficient
information on similar real property in the vicinity, other than
actual income and expense information on individual proper-
ties, to enable the person to determine the fairness of that
person's assessment.
(4) Despite subsection (1), the assessment commissioner
shall make available to all municipalities and school boards
within the assessment region for which the assessment com-
missioner is appointed, information sufficient to enable them
to meet their planning requirements other than actual income
and expense information on individual properties.
5. This Act shall be deemed to have come into force on the
1st day of December, 1988.
6. The short title of this Act is the Assessment Amendment
Act, 1989.
2nd session, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II, 1989
Bill 37
(Chapter 42
Statutes of Ontario, 1989)
An Act to amend the Assessment Act
The Hon. B. Grandmaitre
Minister of Revenue
1st Reading June 21st, 1989
2nd Reading July 5th, 1989
3rd Reading July 13th, 1989
Royal Assent July 13th, 1989
Printed under authority of the Legislative Assembly by the
©Queen's Printer for Ontario
^0137 1989
An Act to amend the Assessment Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. Clause 7 (1) (a) of the Assessment Act, being chapter 31
of the Revised Statutes of Ontario, 1980, as re-enacted by the
Statutes of Ontario. 1986. chapter 69, section 3, is repealed
and the following substituted therefor:
(a) The business of a distiller for a sum equal to,
(i) for the 1989 taxation year, 100 per cent of the
assessed value of the land so occupied or
used, exclusive of the portion of the land
occupied or used for the distilling of alcohol
solely for industrial purposes, and for a sum
equal to 75 per cent of the assessed value as
to such last-mentioned portion, and
(ii) for the 1990 and subsequent taxation years. 75
per cent of the assessed value of the land so
occupied or used.
2. In each of the years 1989, 1990 and 1991, the Minister of J,^^^'';^
Municipal Affairs may make grants, upon such terms and con- Municipal*
ditions as the Minister considers necessary, to any municipality Affairs
to compensate the municipaiity for a loss of tax revenue result-
ing from the reduction in the rate of business assessment pro-
\ ided by clause 7 (1) (a) of the Assessment Act, as re-enacted by
section 1 of this Act.
3. In addition to any grants that may have been paid pur- ^^.^"^
suant to section 2, m each of the years 1992, 1993 and 1994,
the Minister of Municipal Affairs may, where the Minister con-
siders that the loss of revenue has been sufficiently significant,
make further grants, upon such terms and conditions as the
Minister considers necessar>', to any municipality to further
compensate the municipality for a loss in revenue resulting
from the reduction in the rate of business assessment provided
grants
Bill 37
ASSESSMENT
1989
by clause 7 (1) (a) of the Assessment Act, as re-enacted by sec-
tion 1 of this Act.
4. — (1) Subsection 57 (1) of the said Act is amended by
inserting after "municipality" in the second line "or school
board".
Exception
Idem
Commence-
ment
Short title
(2) Section 57 of the said Act is amended by adding thereto
the following subsections:
(3) Despite subsection (1), upon the request of a person
assessed under this Act, an assessor may provide sufficient
information on similar real property in the vicinity, other than
actual income and expense information on individual proper-
ties, to enable the person to determine the fairness of that
person's assessment.
(4) Despite subsection (1), the assessment commissioner
shall make available to all municipalities and school boards
within the assessment region for which the assessment com-
missioner is appointed, information sufficient to enable them
to meet their planning requirements other than actual income
and expense information on individual properties.
5. This Act shall be deemed to have come into force on the
1st day of December, 1988.
6. The short title of this Act is the Assessment Amendment
Act, 1989.
^^ ^^ Private Member's Bill
D SESSION, 34th LEGISLATURE, ONTARIO 38 ELIZABETH II 1989
Bill 38
An Act to amend the Landlord and Tenant Act
Mr. Philip
(Etobicoke-Rexdale)
1st Reading June 22nd, 1989
2nd Reading
3rd Reading
Royal Assent
Printed under authority of the Legislative Assembly by the
®Queen's Printer for Ontario
EXPLANATORY NOTE
The purpose of the Bill is to make void any provision in a tenancy agreement pro-
hibiting a tenant from keeping a pet in a rented residential premises. An exception is
provided in the case of rental of a condominium unit if the declaration for that condo-
minium prohibits owners from keeping pets.
BiU38 1989
An Act to amend the Landlord and Tenant Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows:
1. The Landlord and Tenant Act, being chapter 232 of the
Revised Statutes of Ontario, 1980, is amended by adding
thereto the following section:
97a. — (1) Any provision in a tenancy agreement prohibit- Provisions
ing a tenant from keeping a pet in residential premises is void. pets"void^
(2) Subsection (1) does not apply to a tenancy agreement in Exception
respect of a unit of a corporation to which the Condominium R so. i980,
Act applies if the declaration for that corporation prohibits the
keeping of pets in units of the corporation.
P* 2. This Act comes into force on the day it receives Royal commence-
. , •' '' ment
Assent.
3. The short title of this Act is the Landlord and Tenant short tiue
Amendment Act, 1989.
ft