Burden Reduction Act, 2017, S.O. 2017, c. 2 - Bill 27

JurisdictionOntario
Date22 March 2017
Bill Number27

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 27 and does not form part of the law. Bill 27 has been enacted as Chapter 2 of the Statutes of Ontario, 2017.

The Bill is part of a government initiative to reduce the regulatory burden on business and to achieve a cost savings for government.

The Bill amends or repeals a number of Acts and enacts a number of new Acts. For convenience, the amendments, repeals and new Acts are set out in separate Schedules. Schedules with the name of Ministries include amendments to and repeals of Acts that are administered by the Ministry involved or that affect that Ministry. The commencement provisions for each of the Schedules are set out in the Schedules.

SCHEDULE 1
Ministry of Agriculture, Food and Rural Affairs

The Schedule adds a new section 6.2 to the Ministry of Agriculture, Food and Rural Affairs Act to enable the Minister to establish programs for the encouragement of agriculture, food and rural affairs. Section 7 of the Act, which currently gives the power to establish such program to the Lieutenant Governor in Council, continues in effect. Any such programs that were established by the Lieutenant Governor in Council before the day the Schedule comes into force are deemed to have been made by the Minister under section 6.2. The Schedule also adds a new section 6.1 to the Act which provides that the Minister may enter into agreements in respect of any matter that is under his or her administration under any Act.

SCHEDULE 2
Ministry of The Attorney General

Courts of Justice Act

The Schedule makes various amendments to the Courts of Justice Act.

Section 43 of the Act is amended by adding a provision providing for protection from liability for the Judicial Appointments Advisory Committee and its members. Existing immunity provisions in subsections 33.1 (21), 49 (27) and 86.2 (19) of the Act are amended so that the wording of the various immunity provisions is consistent.

Section 48 of the Act is amended to provide that letters of resignation from provincial judges, or letters of election to sit as a provincial judge from judges holding administrative positions, are to be delivered, in the usual case, to the Chief Justice of the Ontario Court of Justice rather than to the Attorney General. The re-enacted subsection 86.1 (7) provides that letters of resignation from case management masters continue to be deliverable to the Attorney General.

Subsections 70 (2) and (3) of the Act are repealed and replaced by section 70.1, which transfers the rule-making authority for proceedings under the Provincial Offences Act to the Attorney General, subject to prior specified court approval.

Amendments are made to section 73 of the Act to specify that the assignment of powers and duties of specified persons in proceedings must be in writing and may be subject to conditions or restrictions, and to confirm that such powers and duties may be assigned to persons whether or not they are public servants.

A new section 87.2 of the Act establishes the judicial position of Small Claims Court Administrative Judge, and sets out the rules respecting her or his appointment and reappointment, terms, remuneration and other relevant matters. Complementary amendments are made to sections 14, 21, 24, 33, 53 and 65 to provide for the following, among other things:

1. The Small Claims Court Administrative Judge may hear and determine proceedings in the Small Claims Court.

2. The Chief Justice of the Superior Court of Justice may delegate to the Small Claims Court Administrative Judge her or his powers to direct and supervise the sittings of the Small Claims Court and the assignment of its judicial duties.

3. The Small Claims Court Administrative Judge may be appointed as a member of the Deputy Judges Council.

4. The Small Claims Court Administrative Judge is a member of the Civil Rules Committee.

Finally, a number of spent transitional provisions are repealed, and a cross-reference is updated in clause 102 (8) (c) of the Act.

Justices of the Peace Act

Section 2.1 of the Justices of the Peace Act is amended by adding a provision providing for protection from liability for the Justices of the Peace Appointments Advisory Committee and its members.

Subsection 5.1 (1) of the Act is amended to require the Attorney General to change the status of a justice of the peace to per diem status on the request of the justice of the peace, if specified conditions are met.

Section 7 of the Act is amended to provide that letters of resignation are to be sent by justices of the peace to the Chief Justice of the Ontario Court of Justice rather than to the Attorney General.

Finally, a number of spent transitional provisions are repealed.

Legislation Act, 2006

The definition of “rules of court” in section 87 of the Legislation Act, 2006 is amended consequentially to reflect the change in rule-making authority made by this Schedule to section 70 of the Courts of Justice Act.

Professional Engineers Act

Two housekeeping amendments are made to the Professional Engineers Act. Paragraph 16 of subsection 7 (1) of the Act is re-enacted to reflect earlier, related amendments to section 21 of the Act. And, in clause 28 (4) (h) of the Act the reference to the Treasurer of Ontario is updated.

Provincial Offences Act

A new section 70.1 is added to the Provincial Offences Act. This section requires defendants to pay certain collection costs incurred by a municipality when it collects on a fine in default. These collection costs are deemed to be part of the fine in default.

Open for Business Act, 2010

Subsection 5 (17) of Schedule 2 to the Open for Business Act, 2010, which would if it came into force repeal clause 12 (3) (a) of the Professional Engineers Act, is itself repealed. Clause 12 (3) (a) of the Professional Engineers Act provides that acts that are within the practice of professional engineering in relation to machinery or equipment, other than equipment of a structural nature, for use in the facilities of a person’s employer in the production of products by the person’s employer, do not require a licence, temporary licence, provisional licence, limited licence or certificate of authorization except in certain circumstances.

SCHEDULE 3
Bulk Sales Act Repeal

The Schedule repeals the Bulk Sales Act and makes consequential amendments to other Acts.

SCHEDULE 4
International Choice of Court Agreements Convention Act, 2017

The Schedule implements the Hague Convention of 30 June 2005 on Choice of Court Agreements.

SCHEDULE 5
International Commercial Arbitration Act, 2017

The Schedule repeals and replaces the International Commercial Arbitration Act. The replacement Act provides for the application in Ontario of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted by the United Nations Conference on International Commercial Arbitration in New York on 10 June 1958, and of the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21 June 1985, as amended by the United Nations Commission on International Trade Law on 7 July 2006.

In addition, the Arbitration Act, 1991 and the Limitations Act, 2002 are amended to align limitation periods applicable to the commencement of proceedings to enforce awards made under the Arbitration Act, 1991 and awards to which the International Commercial Arbitration Act, 2017 applies, and to provide that those limitation periods apply instead of the limitation periods established under the Limitations Act, 2002.

SCHEDULE 6
International Electronic Communications Convention Act, 2017

The Schedule implements the United Nations Convention on the Use of Electronic Communications in International Contracts.

SCHEDULE 7
International Recognition of Trusts Act, 2017

The Schedule implements the Convention on the Law Applicable to Trusts and on their Recognition.

SCHEDULE 8
International Sale of Goods Act Amendments

The Schedule amends the International Sale of Goods Act to provide for the implementation in Ontario of the Convention on the Limitation Period in the International Sale of Goods and of the Convention on the Limitation Period in the International Sale of Goods as amended by the Protocol amending the Convention on the Limitation Period in the International Sale of Goods. In consequence, the title of the Act is changed to the International Sales Conventions Act.

The Schedule makes a consequential amendment to the Limitations Act, 2002, to provide that it does not apply to proceedings to which one of the Conventions on limitation periods applies.

SCHEDULE 9
Ministry of Citizenship and Immigration

The Schedule amends the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 and makes complementary amendments to other Acts. Employees of the Office of the Fairness Commissioner are appointed under Part III of the Public Service of Ontario Act, 2006.

SCHEDULE 10
Ministry of Energy

Electricity Act, 1998

The Schedule amends the Electricity Act, 1998 to provide market participants with a more flexible appeals process that allows the Ontario Energy Board up to 120 days to make a final decision in an appeal from an amendment of the market rules.

Ontario Energy Board Act, 1998

The Schedule makes several amendments to the Ontario Energy Board Act, 1998. Among the amendments:

1. It is provided that the Ontario Energy Board (“the Board”) may exercise its powers with respect to a regulated utility even where a liquidator or similar official has been appointed with respect to the regulated utility.

2. The specific timing periods for the Board’s orders respecting the reflection in rates of deferral and variance accounts are removed.

3. The Board is given the power to publish audit and compliance results of an inspection, subject to a determination of confidentiality.

4. The Board is given increased...

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