Plan for Care and Opportunity Act (Budget Measures), 2018, S.O. 2018, c. 8 - Bill 31

• Jurisdiction: Ontario
• Date: 08 May 2018
• Bill Number: 31

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 31 and does not form part of the law. Bill 31 has been enacted as Chapter 8 of the Statutes of Ontario, 2018.

SCHEDULE 1
ASSESSMENT ACT

The Schedule amends the Assessment Act.

The Minister’s powers to make regulations are expanded to include powers with respect to the procedure for determining whether land is in an optional property class or optional property subclass. They are also expanded to allow regulations to enable municipalities to specify individual properties that are in property classes or property subclasses.

A new property tax exemption is provided for land that is used as a non-profit child care centre in a location that would be exempt if it were occupied by the land’s owner.

New rules are set out to clarify the interaction between the Assessment Act and the Municipal Tax Assistance Act with respect to crown lands that have tenants.

Starting after 2020, the day as of which land is valued for each general reassessment is changed to January 1 of the year that precedes by two years the first taxation year to which the reassessment applies.

Annual statements by railway companies are required to show such other information related to the operation or use of the railway as may be prescribed.

SCHEDULE 2
CIty of toronto act, 2006

Currently, section 135 of the City of Toronto Act, 2006 governs by-laws that change the composition of city council. Clause 135 (4) (b) prevents such a by-law that is passed in the year of a regular election before voting day from coming into force until after the second regular election following the passage of the by-law. Section 135 is amended to permit a by-law that is passed on or after January 1, 2018 and on or before June 30, 2018 to, if it so provides, come into force as early as the day the new council is organized after the 2018 regular election. If such a by-law is passed, a determination by the Superior Court of Justice shall not be made under subsection 83 (1) of the Municipal Elections Act, 1996 by reason only of the clerk of the City doing anything, before the by-law is passed, in relation to the conduct of the 2018 regular election as if the by-law were or were not already in effect.

SCHEDULE 3
climate change mitigation and low-carbon economy act, 2016

The Schedule amends the Climate Change Mitigation and Low-carbon Economy Act, 2016 with respect to reimbursement of expenditures incurred by the Crown for the purposes of funding initiatives that are reasonably likely to reduce, or support the reduction of, greenhouse gas.

Currently, the Act provides that certain expenditures that were incurred by the Crown on or after November 1, 2015 and before the Act came into force can be reimbursed from the Consolidated Revenue Fund and charged to the Greenhouse Gas Reduction Account. The Schedule amends the Act to provide that $366,445,123 is deemed, as of March 31, 2018, to be charged to the Greenhouse Gas Reduction Account as reimbursement for expenditures that were incurred by the Crown on or after November 1, 2015 and on or before March 31, 2017 but were not reimbursed from the Account before the books of the Government of Ontario were closed for the fiscal year in which the expenditures were incurred. That provision applies despite the general rule that reimbursement for expenditures incurred by the Crown shall not be made after the books of the Government of Ontario are closed for the fiscal year in which the expenditures are incurred. That provision is repealed as of January 1, 2019.

schedule 4
compulsory automobile insurance act

The Compulsory Automobile Insurance Act is amended to change certain references to the Superintendent of Financial Services appointed under the Financial Services Commission of Ontario Act, 1997 to refer instead to the Chief Executive Officer appointed under the Financial Services Regulatory Authority of Ontario Act, 2016. The Lieutenant Governor in Council is given regulation-making authority over certain matters relating to the transfer of the Superintendent’s powers, duties and functions.

schedule 5
corporations act

Amendments to the Corporations Act are related to amendments made in the Bill to the Insurance Act concerning the licensing of insurers. The Act is amended to provide that the incorporation of certain insurers is no longer permitted under the Act.

The Act is also amended to change references to the Superintendent of Financial Services appointed under the Financial Services Commission of Ontario Act, 1997 to refer instead to the Chief Executive Officer appointed under the Financial Services Regulatory Authority of Ontario Act, 2016.

schedule 6
corporations tax act

The Corporations Tax Act is amended to change certain references in the definition of “taxation year”.

schedule 7
credit unions and caisses populaires act, 1994

The Credit Unions and Caisses Populaires Act, 1994 is amended to change certain references to the Superintendent of Financial Services appointed under the Financial Services Commission of Ontario Act, 1997 to refer instead to the Chief Executive Officer appointed under the Financial Services Regulatory Authority of Ontario Act, 2016. The Lieutenant Governor in Council is given regulation-making authority over certain matters relating to the transfer of the Superintendent’s powers, duties and functions. Complementary and consequential amendments are also made.

Schedule 8
EARLY CHILDHOOD EDUCATORS ACT, 2007

The Schedule makes various amendments to the Early Childhood Educators Act, 2007 in respect of the powers and procedures of committees of the College of Early Childhood Educators.

1. The powers of the Complaints Committee are expanded to address situations where the Committee has reason to believe that a member may be incapacitated. The Committee may require the member to submit to physical or mental examinations, and may order the suspension of the member’s certificate of registration until the member submits to the examinations.

2. The Complaints Committee may refer a complaint to the Council or the Executive Committee for the purposes of making an interim order to suspend the member’s certificate of registration or impose terms, conditions or limitations on the certificate.

3. Amendments are also made relating to orders of the Discipline Committee when a member is found guilty of an act of professional misconduct consisting of, or including, sexual abuse of a child or a prohibited act involving child pornography. The Committee shall make orders for the interim suspension of a certificate and for the revocation of the certificate. The Committee may also make an order requiring the member to reimburse the College for any funding for therapy and counselling that the College may provide to a person.

4. Related amendments are made regarding reports and evidence by health professionals and their use at hearings of the Fitness to Practise Committee.

A new Part is added to the Act that requires the College to establish and administer a program to provide funding for therapy and counselling for children who are the subject of sexual abuse or of a prohibited act involving child pornography. The Part sets out eligibility requirements to obtain the funding and requirements relating to the proper use of such funds.

Related by-law making powers and regulation-making powers are added.

Schedule 9
Education Act

The Schedule amends section 185 of the Education Act by setting out the circumstances in which school boards are required to provide for the admission of their pupils and other persons to schools operated by bands, councils of bands, the Crown in right of Canada, prescribed entities or education authorities that are authorized by the Crown in right of Canada.

The Schedule amends section 188 of the Act by setting out the circumstances in which school boards are required to admit eligible pupils to schools operated by the board.

The Schedule also makes a minor amendment to the regulation-making authority respecting legislative grants.

schedule 10
Electricity act, 1998

The Electricity Act, 1998 is amended to change references to the Superintendent and the Superintendent of Financial Services to refer instead to the Chief Executive Officer appointed under the Financial Services Regulatory Authority of Ontario Act, 2016.

Schedule 11
Financial Services Regulatory Authority of ontario act, 2016

The Schedule amends the Financial Services Regulatory Authority of Ontario Act, 2016. Here are some highlights:

1. Section 2 of the Act is amended to continue the Financial Services Regulatory Authority of Ontario under the name Financial Services Regulatory Authority of Ontario in English and Autorité ontarienne de réglementation des services financiers in French.

2. New section 10.1 requires the board of directors to establish a committee to advise the Chief Executive Officer on matters related to the Pension Benefits Guarantee Fund.

3. Section 11 of the Act is amended to provide that the Authority may take certain actions if an entity does not pay a charge payable to the Authority.

4. New sections 20.1 to 20.4 set out rules governing certificates, information and the format of documents.

5. New sections 29 to 32 provide that the Minister may make orders transferring the operations, activities, affairs, assets, liabilities, rights and obligations of FSCO to the Authority and transferring the liabilities, rights and obligations of the Superintendent of Financial Services to the Chief Executive Officer or to the Authority. The Minister is also permitted to enter into agreements, execute such documents and instruments, and do such other things as the Minister considers necessary or advisable to transfer any or all of the assets, liabilities, rights and obligations of FSCO to the Authority. The Lieutenant Governor in Council is given the authority to make regulations...