Protecting What Matters Most Act (Budget Measures), 2019, S.O. 2019, c. 7 - Bill 100

• Jurisdiction: Ontario
• Date: 29 May 2019
• Bill Number: 100

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 100 and does not form part of the law. Bill 100 has been enacted as Chapter 7 of the Statutes of Ontario, 2019.

SCHEDULE 1
AGGREGATE RESOURCES ACT

The Schedule amends section 62.1 of the Aggregate Resources Act which currently requires licensees and permittees under the Act to give notice of any change in their name and address to the Minister and the Aggregate Resources Trust. The amendment requires the licensees and permittees to give notice of any change in their name, address and other prescribed contact information to a prescribed person.

SCHEDULE 2
ALCOHOL, CANNABIS AND GAMING REGULATION AND PUBLIC PROTECTION ACT, 1996

Currently, subsections 27 (1.1), (2) and (2.1) of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 provide for an increase, effective April 1, 2019, in the basic tax payable on purchases of wine and wine coolers. The Act is amended so that the increase does not take effect until January 1, 2020. Transition rules are also provided with respect to any payments at the increased rate.

SCHEDULE 3
ARCHIVES AND RECORDKEEPING ACT, 2006

The Schedule makes various amendments to the Archives and Recordkeeping Act, 2006, including the following:

1. The purpose of the Act and the objects of the Archives of Ontario are amended to include reference to “effective government administration”.

2. The definition of “record” is amended to include a reference to “data”.

3. Section 11 of the Act is amended to provide the Archivist with the authority to prepare records retention schedules for use by a public body.

4. Currently, subsection 25 (1) of the Act requires the Archivist, at the request of the Management Board of Cabinet, to establish standards and guidelines for public bodies to facilitate the preservation of records of archival value. The subsection is amended such that the standards and guidelines may relate more broadly to recordkeeping practices.

Schedule 4
Bees Act

The Schedule amends the Bees Act to expand the method of delivering inspectors’ orders made under sections 5, 6 and 19 of the Act and notices of a Director’s decision on appeal from such orders under section 7 of the Act. Currently, the Act provides that inspectors’ orders may only be delivered by prepaid mail or in person by the inspector and that the notices of a Director’s decision may only be delivered by prepaid mail. The Schedule eliminates the references to prepaid mail and replaces them with references to registered mail and courier. The Schedule also provides for the delivery of inspectors’ orders and of notices of a Director’s decision by email. The Schedule sets out rules relating to the deemed receipt of these orders and notices.

SCHEDULE 5
BROADER PUBLIC SECTOR EXECUTIVE COMPENSATION ACT, 2014

The Schedule amends the Broader Public Sector Executive Compensation Act, 2014. Currently, section 6 of the Act allows the Lieutenant Governor in Council to make regulations establishing compensation frameworks for designated employers and designated executives. The section is amended to authorize the Management Board of Cabinet to govern a designated employer’s use of performance assessment indicators to determine a designated executive’s compensation. The section is also amended to allow the Minister to limit certain pay increases that may be made by a designated employer.

The Act is amended to provide that the Minister must approve the compensation plan for designated executives before they can be hired by a newly created designated employer, unless the Minister generally exempts the designated employer from this requirement.

Provisions providing for transition are included, as well as consequential amendments.

SCHEDULE 6
BUSINESS CORPORATIONS ACT

The Schedule amends the Business Corporations Act to require that the register of directors of a business corporation also set out the e-mail address of each director if one is provided.

Schedule 7
CANNABIS TAXATION COORDINATION ACT, 2019

The Schedule enacts the Cannabis Taxation Coordination Act, 2019. The Act provides for the ratification of the Coordinated Cannabis Taxation Agreement entered into by the Minister of Finance on behalf of Ontario and the Minister of Finance for Canada on behalf of the Government of Canada. The Minister of Finance is authorized to make payments from the Consolidated Revenue Fund in accordance with the Coordinated Cannabis Taxation Agreement from amounts appropriated by the Legislature for those purposes.

SCHEDULE 8
COLLECTION AND DEBT SETTLEMENT SERVICES ACT

The Schedule amends the Collection and Debt Settlement Services Act to provide an additional manner for giving or serving documents required to be given or served under the Act, namely sending the document if the sender can prove receipt of it.

SCHEDULE 9
Combative Sports Act, 2019

The Schedule repeals the Athletics Control Act and enacts the Combative Sports Act, 2019. Here are some highlights of the new Act:

The Act provides for the appointment of a Commissioner who has the powers and duties set out in the Act and as may be prescribed.

The Act establishes the Ontario Combative Sport Advisory Council. The Council’s role is to advise the Minister in regards to regulations made by the Minister and to perform any other prescribed duties.

The Act prohibits persons from engaging in certain activities relating to a professional combative sport contest or exhibition, such as promoting a contest or exhibition or participating as a contestant, unless the person holds a valid licence authorizing the activity. The Act also prohibits the promotion, conducting or holding of an amateur combative sport contest or exhibition or a professional combative sport contest or exhibition unless the person holds a valid event permit authorizing the contest or exhibition.

The Commissioner is empowered to issue or refuse to issue a licence or event permit, to impose or amend conditions of a licence or event permit and to suspend or cancel a licence or event permit. If the Commissioner intends to refuse, suspend, cancel or amend the terms and conditions of a licence or event permit, the applicant, licensee or event permit holder is entitled to request a hearing before the Licence Appeal Tribunal. If it is in the public interest or in the interest of health and safety to act immediately, the Commissioner may suspend or cancel a licence or event permit before a hearing can be held before the Tribunal.

The Commissioner is empowered to require an applicant for an event permit for a professional combative sport contest or exhibition to post security to ensure compliance with the Act, regulations and terms and conditions of the event permit. The holder of an event permit for a professional combative sport contest or exhibition is also required to pay the Minister an event administration fee, as required by the regulations.

The Minister may appoint inspectors who are empowered to conduct inspections for the purpose of enforcing the Act and the regulations. The Commissioner is, by virtue of his or her office, an inspector. The Act sets out rules for inspections with or without a warrant.

The Commissioner and inspectors are authorized to issue compliance orders. The Commissioner may impose administrative penalties for contraventions of the Act or the regulations. If the Commissioner proposes to impose an administrative penalty, the affected party may request a review before a designated senior employee. The administrative penalty may not exceed $10,000, except as otherwise prescribed.

The maximum penalty for an offence committed by an individual is a fine of $10,000 or imprisonment for up to two years, or both. The maximum penalty for a person that is not an individual is a $100,000 fine.

The conduct of amateur combative sport contests and exhibitions and professional combative sport contests and exhibitions, including rules relating to such contests and exhibitions, may be provided for in regulations made by the Minister. Provision is made for the regulations to address circumstances where the Minister has not prescribed rules for a particular combative sport or where the Minister is permitted to approve another set of rules for use at a contest or exhibition. Provision is also made for regulations to be made by the Lieutenant Governor in Council.

The Schedule also makes a complementary amendment to the Licence Appeal Tribunal Act, 1999.

SCHEDULE 10
COMMODITY FUTURES ACT

The Schedule amends the Commodity Futures Act.

A new principle relating to the facilitation of innovation in Ontario’s commodity futures markets is added to subsection 1.1 (2) of the Act.

Currently, when the Ontario Securities Commission proposes to make a rule, it is required under section 67 of the Act to post a notice that includes a description of the anticipated costs and benefits of the proposed rule. This requirement is amended to provide that the notice must contain a qualitative and quantitative analysis of the anticipated costs and benefits of the proposed rule.

Schedule 11
Compensation for Victims of Crime Act

The Schedule provides for the repeal of the Compensation for Victims of Crime Act, along with related complementary amendments to other statutes that refer to that Act. In advance of its repeal, the Act is amended in three ways:

1. Section 4.1 is added to the Act, and provides for a cut-off date for applications and other steps that may be taken under the Act, prior to the Act’s repeal. Section 4.1 comes into force on proclamation of the Lieutenant Governor.

2. Section 19 of the Act is amended to raise the maximum amount that the Criminal Injuries Compensation Board may award in respect of a victim in the case of lump sum payments from $25,000 to $30,000, and to add a new maximum threshold of $5,000 for amounts awarded in respect of pain and suffering. These amendments come into force...