Modernizing Ontario for People and Businesses Act, 2020, S.O. 2020, c. 18, Sched. 11

• Jurisdiction: Ontario

Modernizing Ontario for People and Businesses Act, 2020

S.o. 2020, chapter 18
Schedule 11

Consolidation Period: From December 4, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 20, Sched. 9.

Preamble

Ontario is committed to fostering a strong business climate that supports growth while ensuring appropriate regulatory oversights that protect the public, workers and the environment.

Ontario recognizes that modern regulations protect the public interest, including health, safety and the environment, while enabling economic growth, prosperity and a competitive business climate.

As a part of Ontario’s regulatory modernization efforts, the province is committed to reducing unnecessary red tape and regulatory burdens while also ensuring the public interest is protected, and to supporting business needs and ensuring that interactions with government are efficient and straightforward.

Ontario is dedicated to a regulatory environment that considers both costs and benefits as part of the evidence, utilizes recognized standards, considers the unique needs of small businesses, provides digital options and recognizes businesses with excellent compliance records.

Interpretation

Definitions

1 (1) In this Act,

“broader public sector organization” has the same meaning as in the Broader Public Sector Accountability Act, 2010, and includes municipalities and long-term care homes; (“organisme du secteur parapublic”)

“burden” means a cost that may be measured in terms of money, time or resources and is considered by the Minister in consultation with other members of the Government of Ontario to be unnecessary to achieve the purpose of the statutory, regulatory, procedural, administrative or other requirement that creates the cost; (“fardeau administratif”)

“direct compliance cost” means a direct cost of complying with a draft bill, regulation, policy or form, and includes administrative costs, fees, upfront capital costs, upfront operating costs and ongoing operating costs; (“frais directs de conformité”)

“instrument governed by this Act” means,

(a) subject to any prescribed exceptions, a draft bill before its introduction in the Legislature,

(b) subject to any prescribed exceptions, a regulation made or approved by a minister or the Lieutenant Governor in Council,

(c) subject to any prescribed exceptions, any policy or form made by a minister, and

(d) any other instrument that may be prescribed; (“acte régi par la présente loi”)

“Minister” means the Minister of Economic Development, Job Creation and Trade or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “Minister” in subsection 1 (1) of the Act is amended by striking out “Economic Development, Job Creation and Trade” and substituting “Red Tape Reduction”. (See: 2023, c. 9, s. 1)

“prescribed” means prescribed by regulations made under this Act; (“prescrit”)

“recognized standards” means requirements that have been set by standard development organizations that have been accredited by the Standards Council of Canada, or by similar standard development organizations; (“normes reconnues”)

“regulated entity”, subject to the regulations, includes every business, trade, occupation, profession, service, venture and broader public sector organization, whether or not carried on with a view to profit. (“entité réglementée”) 2020, c. 18, Sched. 11, s. 1 (1); 2021, c. 25, Sched. 15, s. 1.

Making or proposing an instrument

(2) For greater certainty, a reference in this Act to proposing an instrument governed by this Act includes both proposing a new instrument and proposing an amendment to an existing instrument. 2020, c. 18, Sched. 11, s. 1 (2).

Section Amendments with date in force (d/m/y)

2021, c. 25, Sched. 15, s. 1 (1-3) - 01/07/2021

2023, c. 9, s. 1 - not in force

Control of Direct Compliance Costs

Offset of direct compliance costs

2 (1) Where an instrument governed by this Act that is a regulation, policy or...