Less Red Tape, Stronger Ontario Act, 2023, S.O. 2023, c. 2 - Bill 46

JurisdictionOntario
Date22 March 2023
Bill Number46

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 46 and does not form part of the law. Bill 46 has been enacted as Chapter 2 of the Statutes of Ontario, 2023.

SCHEDULE 1
ANIMAL HEALTH ACT, 2009

New section 23.1 of the Animal Health Act, 2009 allows the Minister of Agriculture, Food and Rural Affairs to issue a temporary response order respecting specific hazards. A temporary response order cannot be issued unless, after receiving advice from the Chief Veterinarian for Ontario, the Minister is of the opinion that any delay in implementing the measures authorized or required by the order will or is likely to increase substantially the risk to animal or human health and that immediate measures are necessary to mitigate the possibility of that risk increasing.

A temporary response order can only apply in the areas of Ontario where it is necessary and can only be effective for up to 72 hours. One extension, of up to 72 hours, is permitted if the Chief Veterinarian for Ontario recommends the extension and if the Minister is of the opinion that the criteria for issuing the order continue to exist.

Section 23.1 provides for the contents of the order, the types of measures that an order can require, and publication and notice requirements. The order can authorize the Chief Veterinarian for Ontario to grant exemptions.

SCHEDULE 2
COURTS OF JUSTICE ACT

Subsection 44 (2) of the Courts of Justice Act provides that a former provincial judge may be designated to serve as a provincial judge on a part-time basis, not to exceed 50 per cent of full-time service in a calendar year. The Schedule amends the subsection to raise this limit to 75 per cent until April 1, 2024.

In addition, section 87.1 of the Act, which deals with the continuation in office of provincial judges who were assigned to the Provincial Court (Civil Division) immediately before September 1, 1990, is repealed. Clause 24 (2) (a) of the Act is consequentially repealed.

SCHEDULE 3
JURIES ACT

Section 6 of the Juries Act sets out the manner in which the Jury Sheriff must cause jury questionnaires to be mailed to a person. The Schedule amends section 6 to provide an alternative electronic procedure for jury questionnaires. Recipients of the electronic jury questionnaire may request that a non-electronic jury questionnaire be mailed to them instead. A person who receives either type of jury questionnaire may also request accommodation for accessibility reasons. A number of complementary amendments are made to the Act.

SCHEDULE 4
MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS ACT

The Ministry of Agriculture, Food and Rural Affairs Act is amended to provide that, for greater certainty, section 3 of the Innkeepers Act does not apply with respect to cattle enrolled in the Ontario Feeder Cattle Loan Guarantee Program established under the Act.

Section 3 of the Innkeepers Act, which currently provides that the keeper of a livery stable or a boarding stable has a lien on every horse or other animal boarded at or carriage left in the livery stable or boarding stable for reasonable charges for boarding and caring for the horse, animal or carriage, is amended to provide that it does not apply with respect to cattle enrolled in the Ontario Feeder Cattle Loan Guarantee Program established under the Ministry of Agriculture, Food and Rural Affairs Act.

SCHEDULE 5
OIL, GAS AND SALT RESOURCES ACT

Currently, subsection 11 (1.1) of the Oil, Gas and Salt Resources Act prohibits the injection of carbon dioxide for the purposes of carbon sequestration into an area, including an underground geological formation, by a person engaged in certain projects, activities or undertakings as well as the issuance of permits for such a purpose. The Schedule repeals that subsection and updates the definitions of “Minister” and “Ministry” in the Act.

SCHEDULE 6
ONTARIO ENERGY BOARD ACT, 1998

The Schedule expands existing exemption language in subsections 99 (1) and 101 (1) of the Ontario Energy Board Act, 1998 to include any exemption that is authorized under the Act.

SCHEDULE 7
ONTARIO SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS CORPORATION ACT, 2023

The Schedule enacts the Ontario Society for the Prevention of Cruelty to Animals Corporation Act, 2023, which continues the Ontario Society for the Prevention of Cruelty to Animals. The Act provides for regulations respecting the governance of the Society and various transitional matters, which may have retroactive effect.

Most of the provisions in this Act are deemed to have come into force on January 1, 2020. The Act may be repealed on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 8
PROVINCIAL OFFENCES ACT

The Schedule repeals section 11 of the Provincial Offences Act, including the re-enacted version of that section which has not yet come into force. The Schedule also repeals a re-enacted version of section 5.1 of the Act, together with new sections 5.2 to 5.5, none of which are in force.

A new section 11 is enacted, which, like the re-enacted version of section 11 that has not yet come into force and is being repealed, authorizes the clerk of the court to strike out convictions on application in the specified circumstances. However, the references in the new section 11 to section 5.1 of the Act are to the version of section 5.1 that is already in force, as opposed to the re-enacted version of section 5.1 that is not yet in force and is being repealed.

SCHEDULE 9
WORKPLACE SAFETY AND INSURANCE ACT, 1997

The Workplace Safety and Insurance Act, 1997 is amended as follows:

1. The definition of “health care practitioner” is amended to remove a reference to drugless practitioners.

2. Section 53 of the Act is amended to include rules governing how the Board is to determine the average earnings of a worker who is an apprentice.

3. Section 159 of the Act is amended to provide that the requirement that the Board obtain the Lieutenant Governor in Council’s approval to acquire or dispose of real property does not apply to real property acquired or disposed of by lease.

4. Section 162 of the Act is amended to provide that the board of directors of the Board must meet at least four times annually.

5. Section 166 of the Act is amended to require the Board and the Minister to be parties to a memorandum of understanding and to review the memorandum of understanding periodically. The requirement that the Board provide the Minister with a strategic plan is repealed.

chapter 2

An Act to enact one Act and amend various other Acts

Assented to March 22, 2023

CONTENTS

His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2 (1) Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The short title of this Act is the Less Red Tape, Stronger Ontario Act, 2023.

SCHEDULE 1
ANIMAL HEALTH ACT, 2009

1 Subparagraph 5 iii of section 18 of the Animal Health Act, 2009 is repealed and the following substituted:

iii. determining whether a person is in compliance with or has complied with an order made or issued under section 20, 21, 23, 23.1 or 25,

iii.1 determining whether a person is in compliance with or has complied with requirements, restrictions or measures imposed by the Chief Veterinarian for Ontario under subsection 24 (7), or

2 The Act is amended by adding the following section:

Temporary response order

23.1 (1) The Minister may, in accordance with this section, issue a temporary response order in writing that applies with respect to any part of the Province or for the entire Province, or with respect to facilities or classes of facilities in the Province or any part of the Province, for one or more of the following purposes:

1. To minimize the risk of one or more specific hazards from entering the Province if the hazard is believed not to be present in the Province and,

i. the hazard has been confirmed to be present in another jurisdiction, or

ii. there are reasonable grounds to suspect the hazard is present in another jurisdiction.

2. To designate and protect the Province or one or more parts of the Province that are believed to be either free from the presence of one or more specific hazards or to have a low prevalence of one or more specific hazards.

3. To prevent, detect, control, suppress or mitigate any one or more specific hazards if there is a significant risk to animal or human health in the Province.

Limitation — urgency of mitigating risk

(2) The Minister shall not issue a temporary response order unless, after receiving the advice of the Chief Veterinarian for Ontario, the Minister is of the opinion that,

(a) any delay in implementing the measures authorized or required by the order will or is likely to increase substantially the risk to animal or human health; and

(b) immediate measures are necessary to mitigate the possibility of that risk increasing.

Minister’s opinion

(3) In forming an opinion under this section, the Minister shall consider the principle that the absence of scientific consensus should not be used as a reason for postponing measures to avoid or minimize the risk to animal or human health.

Contents of order

(4) The order may do any of the following:

1. Establish restrictions on the transportation, movement or distribution of living or dead animals...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT