Better for People, Smarter for Business Act, 2019, S.O. 2019, c. 14 - Bill 132

JurisdictionOntario
Bill Number132
Date10 December 2019

Better for People, Smarter for Business Act, 2019

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 132 and does not form part of the law. Bill 132 has been enacted as Chapter 14 of the Statutes of Ontario, 2019.

SCHEDULE 1
Foreign Cultural Objects Immunity from Seizure Act, 2019

The Foreign Cultural Objects Immunity from Seizure Act is repealed and the Foreign Cultural Objects Immunity from Seizure Act, 2019 is enacted. The new Act prevents the commencement of any proceedings and the enforcement of any remedies in Ontario that would have the effect of depriving a designated institution or a carrier of custody or control of a work of art or other cultural object from a foreign country, if certain requirements are met. A designated institution must provide reports to the Minister, if required to do so by the regulations.

Schedule 2
Local Planning Appeal Support Centre Repeal Act, 2019

The Schedule dissolves the Local Planning Appeal Support Centre and repeals the Local Planning Appeal Support Centre Act, 2017.

SCHEDULE 3
Ministry of Agriculture, FOod and Rural Affairs

Agricultural and Horticultural Organizations Act

The Schedule amends the Agricultural and Horticultural Organizations Act. Currently, subsection 10 (3) of the Act requires agricultural associations, agricultural societies and horticultural societies incorporated or continued under the Act to give notice of their annual meetings by mail and by publishing the notice in certain newspapers or periodicals. This provision is amended so a particular means of giving notice is no longer specified.

The Schedule also repeals the following provisions of the Act: section 12 (respecting the provision of security by certain board members), section 31 (authorizing agricultural societies to pass by-laws prohibiting certain activities on or near exhibition grounds), section 39 (respecting the affiliation of horticultural societies with the Ontario Horticultural Association), section 40 (authorizing horticultural societies to pass by-laws respecting awarding prizes) and clause 41 (a) (authorizing the Lieutenant Governor in Council to make regulations respecting horse races).

Agricultural Products Insurance Act, 1996

The Schedule amends the Agricultural Products Insurance Act, 1996 with respect to the manner in which AgriCorp offers contracts of insurance, the jurisdiction of the Agriculture, Food and Rural Affairs Appeal Tribunal and the manner in which an appeal to the Tribunal is commenced. The Act is also amended with respect to the Ontario Crop Insurance Fund to provide that the money in the fund is not public money for the purposes of the Financial Administration Act and that AgriCorp may financially manage the fund.

Animal Health Act, 2009

The Schedule amends the Animal Health Act, 2009 by repealing and substantively re-enacting subsections 67 (2), (3) and (4) and sections 72, 73 and 74. These provisions are subject to repeal by section 10.1 of the Legislation Act, 2006 on December 31, 2019. These amendments would continue to provide for the repeal of the Bees Act, the Livestock Community Sales Act and the Livestock Medicines Act on a day to be proclaimed.

Beef Cattle Marketing Act

The Schedule amends the Beef Cattle Marketing Act to confer on the Minister of Agriculture, Food and Rural Affairs the power to make regulations that is currently conferred on the Lieutenant Governor in Council. The Act is also amended to remove reference to the Lieutenant Governor in Council fixing the remuneration and allowance for expenses of inspectors and price reporters appointed for the purposes of the Act and to amend certain references to a specified federal statute.

Farm Products Grades and Sales Act

The Schedule repeals the Farm Products Grades and Sales Act and makes a consequential amendment to the Farm Products Payment Act.

Farm Registration and Farm Organizations Funding Act, 1993

The Schedule makes a number of amendments to the Farm Registration and Farm Organizations Funding Act, 1993 relating to the administration of the Act, including providing for the appointment of a Crown agency to administer the Act, the framework for issuing farming business registration numbers and the procedures for applications, hearings and reviews under the Act, including those relating to the accreditation of farm organizations.

Fish Inspection Act

The Schedule amends the Fish Inspection Act to allow certain inspectors designated for the purposes of the Safe Food for Canadians Act (Canada) to be declared inspectors for the purposes of the Act. It also provides for the immediate repeal of section 12 of the Act, which relates to a federal Act which was repealed in 2019, and for the repeal of the Act as a whole on a day to be proclaimed.

Food Safety and Quality Act, 2001

Currently, penalties for offences under the Food Safety and Quality Act, 2001 are determined by reference to whether the convicted person has been previously convicted under other Acts listed in subsection 46 (3) of the Act. The Schedule amends that subsection to include a reference to the Safe Food for Canadians Act (Canada). A technical amendment is also made to clause 46 (3) (c) of the Act.

Livestock and Livestock Products Act

The Schedule amends the Livestock and Livestock Products Act to provide that regulations made under the Act that establish any grade name, standard or grade may do so by incorporating a document by reference in such a way as to reflect future changes to that document. The amendments provide that this is permitted where the document is also incorporated by reference in a regulation made under an Act of Canada in such a way as to include future changes to the document.

Livestock Medicines Act

The Schedule amends the Livestock Medicines Act to repeal provisions relating to the Livestock Medicines Advisory Committee.

Milk Act

The Schedule amends the Milk Act to provide that regulations made under the Act that establish grades or standards, grade names or marks or various technical requirements for packaging may do so by incorporating a document by reference in such a way as to reflect future changes to that document. The amendments provide that this is permitted where the document is also incorporated by reference in a regulation made under an Act of Canada in such a way as to include future changes to the document. The Schedule also makes various amendments to the French version of the Act.

SCHEDULE 4
Ministry of the Attorney General

Legislation Act, 2006

Section 72 of the Legislation Act, 2006, respecting the implications of a change in reigning sovereign, is re-enacted to restate the default rule that a change of sovereign does not affect anything done or begun under the previous sovereign, as well as to expressly confirm that it does not affect Crown appointments or offices, or any related oaths or affirmations.

Public Officers Act

Sections 2 and 3 of the Public Officers Act, dealing with the demise of the Sovereign, are repealed in light of the re-enactment of section 72 of the Legislation Act, 2006 by this Schedule.

SCHEDULE 5
Ministry of Colleges and Universities

Algoma University Act, 2008

Currently, the Algoma University Act, 2008 provides that the university may grant bachelor degrees only in certain programs. The Act is amended to permit the university to confer bachelor degrees in any arts or science program. A further amendment is made to permit the university to confer degrees and award certificates and diplomas in any and all branches of learning. Both amendments come into force on a day to be named by proclamation.

Ontario College of Art & Design University Act, 2002

Currently, the Ontario College of Art & Design University Act, 2002 provides that the only baccalaureate degrees the university may grant are Bachelor of Fine Arts and Bachelor of Design degrees. The Act is amended to permit the university to also confer a Bachelor of Arts degree and a Doctor of Philosophy degree. A further amendment is made to permit the university to confer degrees and award certificates and diplomas in any and all branches of learning. Both amendments come into force on a day to be named by proclamation.

SCHEDULE 6
Ministry of Economic development, Job Creation and Trade

Partnerships for Jobs and Growth Act, 2014

The Schedule repeals the Partnerships for Jobs and Growth Act, 2014.

SCHEDULE 7
Ministry of Energy, Northern Development and Mines

Mining Act

Various amendments are made with respect to Part VII of the Mining Act. Amendments are made in several provisions to distinguish between the submission by a proponent and filing by the Director of a closure plan or an amendment to a closure plan. If a proponent submits an amendment to a closure plan in respect of advanced exploration or mine production, the Director is required to make a decision about filing the amendment no later than 45 days after the submission.

Northern Services Boards Act

Part II of the Northern Services Boards Act, which currently provides for the establishment of area services boards, is repealed. Consequential amendments are made to the City of Toronto Act, 2006, the Municipal Act, 2001 and the Ontario Municipal Employees Retirement System Act, 2006. In addition, a regulation made under the Northern Services Boards Act relating to area services boards is revoked.

SCHEDULE 8
Ministry of the Environment, Conservation and Parks

Environmental Protection Act

The Schedule makes various amendments to the Environmental Protection Act, including amendments respecting administrative penalties. Various provisions of the Act are repealed: provisions respecting environmental penalties; provisions used to govern emissions from motor vehicles; and the provision that provides for a process to be followed, including the involvement of the Minister and a board of negotiation, when a person complains that a contaminant is causing or has caused injury or...

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