Restoring Trust, Transparency and Accountability Act, 2018, S.O. 2018, c. 17 - Bill 57

• Jurisdiction: Ontario
• Date: 06 December 2018
• Bill Number: 57

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 57 and does not form part of the law. Bill 57 has been enacted as Chapter 17 of the Statutes of Ontario, 2018.

SCHEDULE 1
ALCOHOL, CANNABIS AND GAMING REGULATION AND PUBLIC PROTECTION ACT, 1996

Section 26 of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 governs annual adjustments to the rate of basic tax payable by purchasers of beer. Subsection 26 (1.1) of the Act currently provides for an increase in the rate to take effect on November 1, 2018. Subsection 26 (1.1) of the Act is amended to remove that increase. The amendment is deemed to have come into force on October 31, 2018.

The Schedule also sets out rules relating to amounts purchasers pay in respect of the increase on and after November 1, 2018 and before the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent. Those amounts are deemed not to have been paid as tax but rather as part of the purchase price owing to the beer vendor.

SCHEDULE 2
ASSESSMENT ACT

Royal Canadian Legion memorial homes, clubhouses and athletic grounds are exempted from taxation.

schedule 3
Auditor general Act

Currently, the Auditor General is appointed as an officer of the Assembly by the Lieutenant Governor in Council on the address of the Assembly. The Schedule provides that this appointment is made directly by the Assembly. Authority to remove the Auditor General for cause is expanded to allow a suspension. The Schedule contains rules regarding the salary, benefits and pension of the Auditor General and restrictions on holding any other office, and sets out the nature of the office.

The Auditor General is required to designate an individual to act when he or she is not available. The Schedule also allows for appointment of a temporary Auditor General in certain circumstances.

Other amendments are made, and transitional provisions are set out.

SCHEDULE 4
AUTOMOBILE INSURANCE RATE STABILIZATION ACT, 2003

The Automobile Insurance Rate Stabilization Act, 2003 is 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 5
City of Toronto Act, 2006

Section 98 of the City of Toronto Act, 2006 currently relates to by-laws that prohibit or regulate the smoking of tobacco. This section is amended to include the smoking of cannabis.

Schedule 6
Civil Remedies Act, 2001

The Schedule amends the Civil Remedies Act, 2001 by adding a new section 18.1, providing that a court may, on motion or application by the Attorney General or with the Attorney General’s consent, approve a settlement in relation to a proceeding under the Act, including a settlement that provides for the full or partial forfeiture of the property that is the subject of the proceeding.

SCHEDULE 7
COMMODITY FUTURES ACT

The Schedule amends the Commodity Futures Act. The major elements of the Schedule are set out below.

A new Part is added with respect to the regulation of benchmarks. Benchmark administrators may apply to be designated or to have a benchmark designated. This designation has a number of legal effects. In particular, the use of non-designated benchmarks may be prohibited by the rules. The Ontario Securities Commission (the Commission) may require information to be provided to a designated benchmark administrator in relation to the designated benchmark.

Benchmark administrators and contributors, including their respective directors, officers and employees, and any of their service providers or security holders that are in a prescribed class, are required to comply with various benchmark requirements that may be established under the Commission’s new rule-making powers with respect to benchmarks. Benchmark users are also required to comply with many of these requirements.

The Act is amended to prohibit engaging or participating in the provision of false or misleading information for the purpose of determining a benchmark. It also prohibits conduct that improperly influences the determination of a benchmark.

Schedule 8
Construction Act

The Schedule makes various amendments to the Construction Act, including the following amendments:

1. Section 13.3 of the Act is amended to broaden the powers of the Authorized Nominating Authority to set fees, costs and other charges in relation to the administration of adjudication by the Authority under Part II.1 of the Act, and to specify that such fees, costs or charges are not public money and may be retained by the Authority. Section 88 of the Act is amended accordingly to adjust the related regulation-making authority set out in that section.

2. Section 13.6 of the Act is re-enacted to provide that adjudication procedures are governed by the Act and the regulations and, to the extent set out in that section, by adjudication procedures specified in an applicable contract or subcontract.

3. Section 13.11.1 is added to the Act to provide expressly for a party to respond to a notice of adjudication.

4. Section 27.1 of the Act is re-enacted to provide that if an owner, contractor or subcontractor refuses to make payment under section 26 of 27 of the Act, the person to whom the payment is owed may refuse to pay out a further person from the payment owed, if the person to whom the payment is owed takes the specified steps.

5. Section 87.3 of the Act, dealing with transitional rules connected to the Construction Lien Amendment Act, 2017, is re-enacted.

6. Various amendments are made to the French version of the Act to ensure a consistent form of expression.

SCHEDULE 9
Co-operative Corporations Act

The Co-operative Corporations Act is 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 Minister. Transitional matters are provided for.

Section 187 of the Act, which governs approved forms and fees, is re-enacted.

Schedule 10
Courts of Justice Act

The Schedule amends the Courts of Justice Act to add a section 149, respecting agreements into which the Attorney General may enter with service providers for the provision of mediation and information services in relation to family law matters. The services are subject to such fees as are specified in the agreement, which may be collected by or on behalf of service providers, but which must be used by service providers for or in relation to the provision of the services, as specified in the agreements, or for any other purpose specified in the agreements. The fees payable are to be published on a Government of Ontario website.

SCHEDULE 11
CREDIT UNIONS AND CAISSES POPULAIRES ACT, 1994

The Credit Unions and Caisses Populaires Act, 1994 is amended to change references to the Deposit Insurance Corporation of Ontario to refer instead to the Financial Services Regulatory Authority of Ontario. Section 276 of the Act, which governs the Deposit Insurance Reserve Fund, is also amended. Various provisions that relate to the Deposit Insurance Corporation of Ontario are also repealed.

schedule 12
ELEction Act

Currently, the Chief Electoral Officer is appointed as an officer of the Assembly by the Lieutenant Governor in Council on the address of the Assembly. The Schedule provides that this appointment is made directly by the Assembly. The current unlimited term of the Chief Electoral Officer is retained. Authority is added to remove the Chief Electoral Officer for cause and to suspend him or her. The Schedule contains new rules regarding the salary and benefits of the Chief Electoral Officer and restrictions on holding any other office, and sets out the nature of the office.

Currently, the Lieutenant Governor in Council is permitted to appoint a Deputy Chief Electoral Officer, as an officer of the Assembly. The Schedule requires the Chief Electoral Officer to designate an individual from Elections Ontario to act when the Chief Electoral Officer cannot, who will not be an officer. The current Deputy remains in office. The Schedule also allows for appointment of a temporary Chief Electoral Officer in certain circumstances.

Transitional provisions are set out.

Schedule 13
Election Finances Act

The Schedule amends the Election Finances Act.

Starting in 2019, the maximum contribution that a person can make annually to any one registered party or to registered constituency associations, registered nomination contestants and registered leadership contestants of any one registered party is $1,600 plus $25 for every year starting on or after January 1, 2020. A similar increase is made with respect to other contributions described in section 18 that apply with respect to a campaign period. The Schedule repeals subsection 23 (7) which governs the maximum amount that a person can contribute at a fund-raising event. The Schedule repeals the requirement in subsection 19 (3) that contributors certify that their contribution comes only from funds belonging to them, and not from funds given to them for the purpose of making a contribution.

The Schedule repeals section 23.1 so that persons, such as a member of the Assembly or the leader of a registered party, are no longer prohibited from attending a fund-raising event.

The Schedule phases out, by January 1, 2022, the quarterly allowance described in section 32.1 that is payable to a registered party or a registered constituency association.

Schedule 14
Electricity Act, 1998

The Schedule amends the Electricity Act, 1998 to add a new section 25.34. The new section provides that, if money is appropriated for the purpose by the Legislature, the IESO shall pay all or any portion of the amounts required to be paid by it to an entity as a result of the termination, in accordance...