Red Tape Reduction Act, 2000, S.O. 2000, c. 26 - Bill 119

• Jurisdiction: Ontario
• Bill Number: 119
• Date: 06 December 2000

EXPLANATORY NOTE

The Bill is part of the government’s initiative to reduce red tape.

The Bill amends or repeals a number of Acts and enacts two new Acts. For convenience, the amendments, repeals and the new Acts 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 Schedule amends certain Acts administered by the Ministry of the Attorney General. The main changes that the Schedule makes are as follows:

Administration of Justice Act

Section 2 of the Act is amended to confirm that agreements made under Part X of the Provincial Offences Act authorize municipalities to keep fines paid to them.

Charities Accounting Act

The requirement that the executor notify the Public Guardian and Trustee whenever a charitable donation is made by will is removed.

The Chartered Accountants Act, 1956

A number of amendments are made to modernize the Act, which provides for the self-regulation of The Institute of Chartered Accountants of Ontario.

Compensation for Victims of Crime Act

The limitation period for making an application for compensation under the Act is increased from one year after the date of the injury or death to two years.

The Criminal Injuries Compensation Board may award interim payments under the Act only if it appears to the Board that the applicant will probably be awarded compensation.

The maximum of periodic payments that the Board may award to an applicant under the Act in respect of any one occurrence is increased from $250,000 to $365,000.

Courts of Justice Act

The application of subsection 88 (2) of the Act (which provides that the Public Guardian and Trustee Act and the regulations made under it prevail over subsection 88 (1) and the regulations made under it) is extended, from funds held by the Public Guardian and Trustee in his or her capacity as Accountant of the Superior Court of Justice to all functions performed by the PGT in that capacity.

Dog Owners’ Liability Act

If a proceeding is commenced against the owner of a dog under the Act, the Ontario Court of Justice may make an interim order before a court makes an order under the Act.

If a court orders the destruction of a dog and it is not taken into custody immediately, the owner is required to restrain the dog by means of a leash and muzzle until it is taken into custody.

If a court finds that a dog has bitten or attacked a person or a domestic animal, the court may make an order prohibiting the dog’s owner from owning another dog during a specified period of time.

Evidence Act

Section 34.1 of the Act is amended to clarify that establishing the integrity of the relevant electronic records system is not the only way of showing that an electronic record satisfies the best evidence rule.

Execution Act

Exemptions from seizure are increased to recognize changes in the value of money since the amounts were last fixed in the 1960’s, and a regulation-making mechanism is provided for future updates.

Interpretation Act

Legislative provisions that exclude or limit liability for damages apply not only when the person with the potential liability is the defendant in a proceeding for damages, but also when that person is brought into the case by a third party or similar proceeding.

Interprovincial Summonses Act

The definition of “summons” in the Act is expanded to include a summons or other document issued by an agency, board, commission or another person authorized to issue summonses requiring a person to attend as a witness.

Sections 6 and 7 of the Act, which set out the rule of no submission to jurisdiction and provide for requesting an order for additional witness fees and expenses, are extended to cover cases where a summons is issued by an agency, board, commission or another person authorized to issue summonses requiring a person to attend as a witness.

Ministry of the Attorney General Act

An unproclaimed provision relating to annual reports is repealed.

Professional Engineers Act

The Council of the Association of Professional Engineers of Ontario, the body that governs the practice of professional engineering, is authorized to pay start-up funding to the Ontario Society of Professional Engineers, an organization formed to advocate for members of the profession.

Provincial Offences Act

Amendments are made to section 76.1 of the Act to facilitate the use of electronic processes, and to section 175 to recognize a variety of agreements that may be made among municipalities in relation to Part X agreements.

If an application for relief in the nature of certiorari is made under section 140 of the Act, a person who is entitled to notice of the application may make a motion to the Superior Court of Justice for an order allowing a trial in the proceeding giving rise to the application to continue.

Public Guardian and Trustee Act

The Act is amended to clarify the Public Guardian and Trustee’s authority to charge and deduct fees and expenses, and to provide regulation-making authority with respect to the Accountant of the Superior Court of Justice.

Trustee Act

More detailed information is to be filed, to assist the Public Guardian and Trustee, when money belonging to a minor or mentally incapable person is paid into court. It is no longer necessary to deliver a second copy of the affidavit to the Children’s Lawyer.

SCHEDULE B

AMENDMENTS PROPOSED BY THE MINISTRY OF CONSUMER AND COMMERCIAL RELATIONS

Bailiffs Act

It is the Minister responsible for the administration of the Act, rather than a judge, who can issue the consent that a bailiff requires to act as a bailiff in a county other than the county for which he or she is appointed.

The Red Tape Reduction Act, 1998 transferred from the Costs of Distress Act to the Bailiffs Act certain provisions with respect to costs charged by a bailiff. Those provisions have not come into force. They are transferred back to the Costs of Distress Act.

Boundaries Act

The Minister responsible for the administration of the Act is allowed to make regulations prescribing the circumstances in which the Director may treat an application for confirmation of the location of boundaries as abandoned or withdrawn.

The power of the Director of Land Registration to make regulations with respect to forms is transferred to the Director of Titles.

Business Corporations Act

The amendments to subsection 1 (6) harmonize the Act with the Securities Act to define corporations as reporting issuers.

The proposed section 20 of the Act simplifies the existing rules relating to financial assistance by corporations in terms of rules for disclosure.

The amendment to subsection 186 (1) of the Act broadens the definition of a reorganization to include the Companies Creditors Arrangement Act (Canada).

Subsection 188 (2) of the Act is amended to eliminate the requirement to file the offeror’s notice with the Director.

Certification of Titles Act

The power of the Director of Land Registration to make regulations with respect to forms is transferred to the Director of Titles.

Change of Name Act

There is no longer any time limit for a spouse whose marriage is dissolved by divorce, annulment or death to elect to resume the surname he or she had immediately before the marriage.

Collection Agencies Act

The definition of “collector” is amended so that sales representatives who do not collect debts or deal with debtors are not required to be registered.

Condominium Act, 1998

The power of a condominium corporation to manage the property does not include the power to deal with the title to any real property that it does not own or any interest in real property where it does not own the interest unless the Act specifically confers the power on the corporation.

The corporation may by by-law release an easement that is part of the common elements.

Consumer Reporting Act

The amendments contained in proposed sections 13.1 to 13.8 of the Act set out rules governing the relationship between credit repairers (persons who engage in the business of providing services to persons who wish to improve their credit status) and consumers for the purpose of protecting the latter.

Corporations Act

The amendment permits charitable corporations to indemnify their directors.

Land Registration Reform Act

The powers of the Director of Land Registration to make orders with respect to fees under Part II of the Act and to determine certain matters with respect to electronic registration under Part III of the Act are transferred to the Director of Titles.

Land Titles Act

The Act is amended so that the Deputy Minister, rather than the Director of Land Registration as at present, appoints the Director of Titles and the examiner of surveys.

Certain obligations and powers of the Director of Land Registration, including the following, are transferred to the Director of Titles:

1. The power to make orders with respect to the registration under the Act of land to which the Registry Act applies.

2. The obligation to deal with applications for financial assistance from The Land Titles Survey Fund and applications to amend the parcel register as a result of the death of a registered owner of land.

3. The obligation to divide land designated under Part II of the Land Registration Reform Act into blocks and properties and to prepare maps showing those properties.

4. The power to make regulations with respect to forms.

In addition, the Director of Titles may withdraw land from the Act if of the opinion that it is expedient to do so.

Mortgages Act

The true copy of a mortgage that the mortgagee is required to deliver to the mortgagor may be a facsimile.

Ontario New Home Warranties Plan Act

The Corporation may give any person a copy of any report that it is required to make before the Minister responsible for the...