Building a Strong Ontario Together Act (Budget Measures), 2023, S.O. 2023, c. 21 - Bill 146

• Jurisdiction: Ontario
• Bill Number: 146
• Date: 04 December 2023

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 146 and does not form part of the law. Bill 146 has been enacted as Chapter 21 of the Statutes of Ontario, 2023.

SCHEDULE 1
COMMODITY FUTURES ACT

The Schedule amends the Commodity Futures Act. Here are some highlights:

Part XII.1 of the Act, which governs protection from reprisals, is re-enacted. The new Part XXI.2 (Whistle-blowing and Protection from Reprisals) establishes protection from disclosure under the Freedom of Information and Protection of Privacy Act of information identifying individuals who make a whistle-blower submission. Prohibitions against reprisal are set out. A consequential amendment is made to subsection 67 (2) of the Freedom of Information and Protection of Privacy Act to make the new whistle-blower confidentiality provisions prevail over that Act.

Section 60 of the Act is amended to allow the Capital Markets Tribunal to make orders without a hearing in circumstances where a person or company has been convicted in any jurisdiction in relation to contraventions of the jurisdiction’s laws respecting commodities or contracts. These orders can also be made if the person or company is subject to an order made by certain authorities responsible for the regulation of commodities or contracts in other jurisdictions, or by recognized self-regulatory organizations or exchanges in Canada, or if the person or company has made an agreement with such an entity to be subject to sanctions, conditions, restrictions or requirements.

Sections 60.0.1 and 60.0.2 are added to the Act to provide for the automatic application in Ontario of certain orders and settlement agreements made by authorities responsible for the regulation of commodities or contracts in Canada. Related amendments are made to the offence provisions in section 55 and the rule-making provisions in section 65.

Section 60.2 of the Act is amended to provide that certain disgorged amounts under court orders shall be paid to the Commission. New section 60.2.1 of the Act sets out the rules governing the distribution of money received under disgorgement orders made under the Act. The Commission is given the authority to make rules governing disgorged amounts.

Section 64 of the Act, which governs immunity is re-enacted. The new section 64 provides immunity for persons or companies for acts or omissions done or omitted in compliance with Ontario commodity futures law and for certain disclosures of information related to an offence or to a contravention of Ontario commodity futures law or a review, investigation, examination or inspection.

Technical and consequential changes are made to the Act.

SCHEDULE 2
CONSTRUCTION ACT

Subsections 85.1 (4) and (5) of the Construction Act are amended to provide that coverage limit and other requirements that labour and material payment bonds and performance bonds furnished for the purposes of the section must meet may be specified by the regulations. A consequential amendment is made to subsection 1.1 (4) of the Act.

SCHEDULE 3
FUEL TAX ACT

Subsection 2 (1.1) of the Fuel Tax Act currently provides for a reduction of the tax payable by purchasers of clear fuel if the tax is payable during the period beginning on July 1, 2022 and ending on December 31, 2023. The subsection is amended to provide that the period ends on June 30, 2024.

SCHEDULE 4
GASOLINE TAX ACT

The Gasoline Tax Act is amended to include a definition of “alternative fuel” in subsection 1 (1). The definition of “qualified motor vehicle” in subsection 1 (1) is amended to include vehicles powered by an alternative fuel and the definition of “fuel” for the purposes of section 34 is amended to include alternative fuels.

Subsection 2 (1.1) of the Act currently provides for a reduction of the tax payable by purchasers of gasoline if the tax is payable during the period beginning on July 1, 2022 and ending on December 31, 2023. The subsection is amended to provide that the period ends on June 30, 2024.

Section 16 of the Act, which governs audits and inspections, is amended to provide that certain powers under that section may be exercised in relation to compliance with interjurisdictional agreements entered into under the Act.

SCHEDULE 5
INTERIM APPROPRIATION FOR 2024-2025 ACT, 2023

The Schedule enacts the Interim Appropriation for 2024-2025 Act, 2023, which authorizes expenditures pending the voting of supply for the fiscal year ending on March 31, 2025 up to specified maximum amounts. All expenditures made or recognized under the Act must be charged to the proper appropriation following the voting of supply for the fiscal year ending on March 31, 2025.

SCHEDULE 6
INVESTMENT MANAGEMENT CORPORATION OF ONTARIO ACT, 2015

The Investment Management Corporation of Ontario Act, 2015 is amended to provide that municipal Investment Boards and Joint Investment Boards are eligible to be members of the Corporation.

SCHEDULE 7
MINISTRY OF REVENUE ACT

The Schedule amends the Ministry of Revenue Act. The Minister is required to provide certified copies of notices of calculation given under the Family Law Act on request to parents, the designated authority or the Central Authority. A similar amendment is made with respect to the child support recalculations.

SCHEDULE 8
MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT

Currently, when a borrower is in default of their obligation to repay a student loan or medical resident loan, the Ministry of Training, Colleges and Universities Act requires that notice be provided to the borrower setting out certain information, and provides that the borrower may require the Minister to review the notice. The Act is amended to remove the notice and review requirements and to make related and consequential amendments.

SCHEDULE 9
OPIOID DAMAGES AND HEALTH CARE COSTS RECOVERY ACT, 2019

The Schedule makes various amendments to the Opioid Damages and Health Care Costs Recovery Act, 2019, including the following:

1. The definition of “manufacturer” in subsection 1 (1) is amended so that the Act also applies to persons who manufacture or have manufactured active ingredients. Subsection 1 (1) is further amended to define “active ingredient” as an active ingredient set out in Schedule 1 to the Act or any other active ingredients prescribed by the regulations made under the Act. Other consequential amendments are made to reflect this amendment.

2. Subsection 2 (1) is amended to extend the scope of liability under the Act to consultants. Subsection 1 (1) is consequentially amended to define “consultant” as a person who provides advisory services to wholesalers or manufacturers. Both the definition of “opioid-related wrong” in subsection 1 (1) and section 4 (joint and several liability) are re-enacted to reflect this amendment.

3. A new section 2.1 is added to give the Crown in right of Canada a statutory cause of action against a manufacturer, wholesaler or consultant to recover the cost of health care benefits incurred in Ontario that were caused or contributed to by an opioid-related wrong. The definitions of “health care benefits” and “cost of health care benefits” in subsection 1 (1) are re-enacted to reflect that statutory cause of action. Other consequential amendments are made to reflect this amendment.

4. A new section 4.1 is added to provide that a director or officer of a corporation who directs, authorizes, assents to, acquiesces in or participates in an opioid-related wrong committed by the corporation is jointly and severally liable with it.

SCHEDULE 10
SECURITIES ACT

The Schedule amends the Securities Act. Here are some highlights:

Section 53 of the Act currently prohibits trading in securities unless a preliminary prospectus and a prospectus have been filed and receipts have been issued for them by the Director. The Schedule amends section 53 to provide that regulations may prescribe circumstances in which a receipt for a preliminary prospectus or a prospectus is deemed to be issued by the Director.

Part XXI.2 of the Act, which governs protection from reprisals, is re-enacted. The new Part XXI.2 (Whistle-blowing and Protection from Reprisals) establishes protection from disclosure under the Freedom of Information and Protection of Privacy Act of information identifying individuals who make a whistle-blower submission. Prohibitions against reprisal are set out. A consequential amendment is made to subsection 67 (2) of the Freedom of Information and Protection of Privacy Act to make the new whistle-blower confidentiality provisions prevail over that Act.

Section 127 of the Act is amended to allow the Capital Markets Tribunal to make orders without a hearing in circumstances where a person or company has been convicted in any jurisdiction in relation to contraventions of the jurisdiction’s laws respecting securities or derivatives. These orders can also be made if the person or company is subject to an order made by certain authorities responsible for the regulation of securities or derivatives in other jurisdictions, or by recognized self-regulatory organizations or exchanges in Canada, or if the person or company has made an agreement with such an entity to be subject to sanctions, conditions, restrictions or requirements.

Sections 127.0.1 and 127.0.2 are added to the Act to provide for the automatic application in Ontario of certain orders and settlement agreements made by authorities responsible for the regulation of securities or derivatives in Canada. Related amendments are made to the offence provisions in section 122 and the rule-making provisions in section 143.

Section 128 of the Act is amended to provide that certain disgorged amounts under court orders shall be paid to the Commission. New section 128.1 of the Act sets out the rules governing the distribution of money received under disgorgement orders made under the Act. The Commission is given the authority to make rules governing...