Government Efficiency Act, 2002, S.O. 2002, c. 18 - Bill 179

• Jurisdiction: Ontario
• Bill Number: 179
• Date: 26 November 2002

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 179 and does not form part of the law. Bill 179 has been enacted as Chapter 18 of the Statutes of Ontario, 2002.

The Bill is part of the government’s initiative to promote government efficiency and to improve service to taxpayers.

The Bill amends or repeals a number of Acts. For convenience, the amendments and repeals are set out in separate Schedules. The commencement provisions for each of the Schedules are set out at or near the end of the Schedules.

SCHEDULE A
AMENDMENTS PROPOSED BY THE
MINISTRY OF THE ATTORNEY GENERAL

The Certified General Accountants Association of Ontario Act, 1983 is amended to correct a numbering error.

The Charities Accounting Act, Law Society Act, McMichael Canadian Art Collection Act, Ontario Heritage Act, Public Accountancy Act, Public Guardian and Trustee Act and Science North Act are amended to clarify the application of sections 30 and 31 of the Trustee Act. Sections 30 and 31 were added by the Government Efficiency Act, 2001.

The Commissioners for taking Affidavits Act currently provides that persons holding specified offices are commissioners by virtue of office and that specified court officials may take affidavits. The Act is amended to provide that the offices and courts will be listed in a regulation rather than in the Act itself.

The Courts of Justice Act is amended as follows:

1. The authority of the Lieutenant Governor in Council to set per diem rates for deputy judges of the Small Claims Court is clarified.

2. Provisions dealing with the appointment, tenure and discipline of case management masters are amended.

The Crown Administration of Estates Act is amended to clarify the authority of the Public Guardian and Trustee to collect information necessary to deal with estates and safeguard assets, and to administer estates in cases of partial intestacy and in cases where there is a will but no person named as estate trustee is willing and able to act. The Act is also amended to correct a cross-reference.

The Domestic Violence Protection Act, 2000 is amended to provide for staged implementation. Amendments are also made to allow designated judges and justices to order substituted service, to prohibit the charging of fees for applications, to clarify that designated judges and justices have power to make emergency intervention orders in areas where the Family Court has jurisdiction, to clarify that intervention orders made be served on Sundays and to clarify the authority to make applications and take evidence by telecommunication.

The Escheats Act is amended to deal with the role of the Public Guardian and Trustee with respect to real property that escheats or becomes forfeit because of the dissolution of a corporation. The Public Guardian and Trustee is deemed not to have taken possession of such property until a notice to that effect is filed in the proper land registry office, and is not required to take any action with respect to the property.

The Evidence Act is amended to provide that approved copies of legislative texts from the e-Laws web site shall be received in evidence as accurate statements of the law unless the contrary is proved. What constitutes an approved copy will be specified in regulations made by the Attorney General.

The Expropriations Act is amended as follows:

1. When a hearing is held before an inquiry officer, the inquiry officer is required to give his or her report to the parties as well as to the approving authority.

2. The approving authority is required to serve its decision, with reasons, on the inquiry officer as well as on the parties.

3. A registered owner may choose to have compensation assessed as of the date the notice of hearing was served.

4. The application of clause 10 (2) (a) to joint boards established under the Consolidated Hearings Act is clarified.

The Health Care Consent Act, 1996 and the Substitute Decisions Act, 1992 both use the defined term “partner”. To bring both Acts into compliance with the Supreme Court of Canada’s decision in M. v. H., the definition of “partner” is expanded and clarified.

The Justices of the Peace Act is amended to remove provisions that have become obsolete or have never been proclaimed. A requirement for a continuing education plan for justices of the peace is also added.

The Provincial Offences Act is amended to allow bail hearings to be held by means of audio or video technology, to allow search warrants to be issued by fax and to allow returns on search warrants to be conducted by filing a report with a justice of the peace rather than by bringing the seized items before the justice. These changes parallel amendments made to the Criminal Code (Canada).

The Public Guardian and Trustee Act is amended to authorize the Public Guardian and Trustee to collect information for the purpose of locating persons who may be entitled to funds held by the Accountant of the Superior Court of Justice.

The Regulations Act currently requires that regulations be filed “in duplicate”. To clarify signing and filing procedures, this is replaced by a requirement that an original and one copy be filed.

In addition, some of the Acts in the Schedule are amended to update court names and references to the titles of court officials and to the Public Guardian and Trustee.

SCHEDULE B
INTERNATIONAL INTERESTS
IN MOBILE EQUIPMENT ACT
(AIRCRAFT EQUIPMENT), 2002

The Schedule enacts the International Interests in Mobile Equipment Act (Aircraft Equipment), 2002, which implements the “Convention on International Interests in Mobile Equipment” and the “Aircraft Equipment Protocol” in Ontario.

SCHEDULE C
AMENDMENTS PROPOSED BY THE
MINISTRY OF CITIZENSHIP

The Schedule amends the Human Rights Code by continuing the board of inquiry under the name Human Rights Tribunal of Ontario in English and Tribunal des droits de la personne de l’Ontario in French.

SCHEDULE D
AMENDMENTS PROPOSED BY THE
MINISTRY OF COMMUNITY, FAMILY AND CHILDREN’S SERVICES

The Schedule amends the Child and Family Services Act by removing the requirement that the by-laws of a children’s aid society be approved by the Minister. It does not change the requirement that the by-laws be filed with the Minister or the requirement that the by-laws contain such provisions as may be prescribed by the regulations.

The Schedule amends the Ontario Disability Support Program Act, 1997 and the Ontario Works Act, 1997 by replacing references to the former Immigration Act (Canada) with references to the new Immigration and Refugee Protection Act (Canada). It also corrects an erroneous cross-reference in subsection 55 (13) of the Ontario Disability Support Program Act, 1997.

SCHEDULE E
AMENDMENTS PROPOSED
BY THE MINISTRY OF CONSUMER
AND Business services

Alcohol and Gaming Regulation and
Public Protection Act, 1996

The Alcohol and Gaming Regulation and Public Protection Act, 1996 is amended to change a reference to the Ontario Casino Corporation to the Ontario Lottery and Gaming Corporation.

Boundaries Act

The Boundaries Act is amended as a consequence of the amalgamation of The Land Titles Survey Fund and The Land Titles Assurance Fund under the Land Titles Act.

Collection Agencies Act

The Collection Agencies Act is amended to prohibit all communications for the purpose of debt collection through means that require the person being contacted to pay for the communication, and to provide that rights under the Act cannot be waived.

Gaming Control Act, 1992

The Gaming Control Act, 1992 is amended to accurately reflect the role of the board of the Alcohol and Gaming Commission of Ontario and the Registrar of Alcohol and Gaming.

Land Registration Reform Act

The Land Registration Reform Act is amended to provide for the filing of standard terms of agreement, and to reduce the number of matters that must be prescribed by regulation.

Land Titles Act

The Land Titles Act is amended to amalgamate The Land Titles Survey Fund and The Land Titles Assurance Fund, to update terminology, and to reflect changes in practices.

Liquor Licence Act

The Liquor Licence Act is amended to accurately reflect the role of the board of the Alcohol and Gaming Commission of Ontario and the Registrar of Alcohol and Gaming.

Registry Act

The Registry Act is amended to modernize terminology.

Vital Statistics Act, Statute Law Amendment Act
(Government Management and Services), 1994

These two Acts are amended to provide for a system of registering still-births, and to reflect current practices.

SCHEDULE F
AMENDMENTS PROPOSED BY THE
MINISTRY OF CULTURE

Foreign Cultural Objects Immunity from Seizure Act

The Schedule amends the Foreign Cultural Objects Immunity from Seizure Act as follows:

1. If a work of art or other object of cultural significance from a foreign country is in Ontario in a temporary exhibition or display administered, operated or sponsored by the Government of Ontario or a cultural or educational institution in Ontario, the work or object will be protected from seizure in Ontario even if the exhibition or display is carried out for profit.

2. The Minister, rather than the Lieutenant Governor in Council, will be responsible for determining whether a foreign work of art or other object is of cultural significance and whether the temporary exhibition or display thereof in Ontario is in the interest of the people of
Ontario.

Ontario Heritage Act

The Schedule amends the Ontario Heritage Act as follows:

1. In addition to the register municipalities were already required to keep listing properties designated under Part IV of the Act, municipalities will be required to keep a register listing heritage conservation districts designated under Part V of the Act. Similarly, in addition to entering in its register properties designated under Part IV or VI of the Act, the Foundation will be required to enter heritage conservation districts...