EXPLANATORY NOTE

SCHEDULE 1 BROADER PUBLIC SECTOR EXECUTIVE COMPENSATION ACT, 2014

Subsections 4 (1) and (2) of the Broader Public Sector Executive Compensation Act, 2014 set out the employees and office holders to whom the Act applies as designated executives. Subsection 4 (4) of the Act creates an exception for employees and office holders who are represented by specified organizations for the purpose of collective bargaining in relation to employment-related compensation. The Schedule repeals subsection 4 (4) of the Act.

Section 6 of the Act authorizes the Lieutenant Governor in Council to make regulations establishing one or more compensation frameworks governing designated employers and designated executives. The Schedule provides that a compensation framework may authorize a Minister to make a particular specified decision that, in the opinion of the Minister, is appropriate, on a case-by-case basis.

SCHEDULE 2 BUILDING CODE ACT, 1992

The Schedule makes various amendments to the Building Code Act, 1992. Some of the key amendments include the following:

  1. The Schedule amends section 1.1 of the Act to set out the role of building owners and persons conducting building condition evaluations. The roles of chief building officials and inspectors are also amended to specify that their roles include exercising powers and performing duties in an independent manner. (See section 2 of the Schedule.)
  2. Subsection 12 (1) of the Act currently authorizes an inspector to enter upon land and into buildings without a warrant where there is a permit or an application for a permit in respect of the building or site. This provision is amended to allow such entry, regardless of whether a permit is involved, if the inspector is entering to determine whether or not the Act, the building code or an order under the Act is being complied with, subject to the limitations set out in section 16 of the Act on the power to enter a dwelling. (See section 6 of the Schedule.)
  3. The Schedule amends various provisions relating to the posting of orders made under the Act to authorize making copies of the orders available to the public and registering the copies in the proper land registry office. The existing orders affected are those authorized under the following sections of the Act: sections 12 (compliance), 13 (do not cover or enclose), 14 (stop work), 15.9 (unsafe building), 15.10 (emergency), 15.10.1 (maintenance).
  4. New provisions are added to authorize the imposition of administrative penalties on specified persons by municipalities, designated enforcement persons and inspectors in specified circumstances. (See sections 10, 19 and 23 of the Schedule.)
  5. The Lieutenant Governor in Council is authorized to make regulations establishing building condition evaluation programs and prescribing buildings and parts of buildings that are subject to such programs. Building owners are required to maintain and operate such a building or part of a building in accordance with the Act and the building code. Building owners are also required to ensure that an evaluation occurs in accordance with the Act and the building code. The Act provides for the inspection of buildings that are subject to a building condition evaluation program and authorizes the inspector to make orders. Requirements related to the service and posting of orders are set out, and the orders are also required to be made available to the public and registered in the proper land registry office. The Act also requires a principal authority to provide information regarding such a building to prescribed persons upon request and to adopt and maintain a written complaints policy regarding the program. (See section 15 of the Schedule.)
  6. The Act is amended to make it an offence for a person to perform the functions of a chief building official, an inspector, a registered code agency, a designer or another person referred to in section 15.11 or 15.12 of the Act without meeting the qualification and registration requirements. A similar offence is added in respect of a person conducting a building condition evaluation. (See sections 16 and 17 of the Schedule.)
  7. Various regulation-making powers are provided for, including the power for the Lieutenant Governor in Council to make regulations governing a continuing education and professional development program for chief building officials, inspectors, registered code agencies, designers and other persons. (See section 24 of the Schedule.)
  8. The maximum penalty that may be imposed on a corporation convicted of an offence under the Act is increased from $100,000 to $500,000 in the case of a first offence. In the case of a subsequent offence, the maximum penalty is increased from $200,000 to $1,500,000. (See section 25 of the Schedule.)

SCHEDULE 3 CHILD CARE AND EARLY YEARS ACT, 2014

The Child Care and Early Years Act, 2014 is amended to provide that a child care provider's own children who are under 6 years old are not required to be counted in certain situations

SCHEDULE 4 CHILD, YOUTH AND FAMILY SERVICES ACT, 2017

Section 98 of the Child, Youth and Family Services Act, 2017 provides that the court may order that one or more persons undergo an assessment. The Schedule amends clause 98 (14) (b) of the Act to correct a section reference error. The correction allows for the report of an assessment to be admissible in a proceeding brought on behalf of a child for recovery because of abuse.

SCHEDULE 5 CITY OF OTTAWA ACT, 1999

The Schedule amends the City of Ottawa Act, 1999. It recognizes Ottawa's bilingual character. It requires Ottawa to make a by-law for bilingual administration and services. It clarifies that an existing Ottawa by-law respecting bilingualism is such a by-law.

SCHEDULE 6 CITY OF TORONTO ACT, 2006

The Schedule amends the section of the City of Toronto Act, 2006 that provides for the vacant unit rebate program. Among other things, certain rules about applications under the program are amended. The City may impose additional or alternate requirements for the program. The Minister is given additional powers to make regulations with respect to the program, including prescribing how the amount of a tax rebate with respect to a property is to be shared by the City and the school boards that share in the revenue from the taxes on the property. A regulation in respect of the program may be retroactive.

Section 291 of the Act currently provides that property tax increases may be capped for business properties and that adjustments may be made by regulation for changes in municipal taxes. Section 291 of the Act is amended to allow such adjustments to be made in respect of changes in school taxes as well.

The Schedule also repeals an amendment that is not yet in force.

SCHEDULE 7 COMMODITY FUTURES ACT

The Schedule amends the Commodity Futures Act.

The purposes of the Act are expanded to include contributing to the stability of the financial system and the reduction of systemic risk.

Market participants are required to keep certain prescribed records and may be required to deliver them to the Commission.

Section 54.1 is amended to add a procedure for an employee to complain to an arbitrator or to the court if the employee has been subject to a reprisal prohibited by that section.

Subsection 60 (7) is amended so that the Commission is permitted to extend additional types of temporary orders.

Accessibility amendments are made to the Schedule to the Act.

SCHEDULE 8 COMMUNITY SMALL BUSINESS INVESTMENT FUNDS ACT, 1992

Technical amendments are made to subsection 27 (2.1) of the Community Small Business Investment Funds Act, 1992, which governs the calculation of tax credits that a labour sponsored investment fund corporation is required to repay if the corporation winds up, dissolves or surrenders its registration under the Act. The amendments are made retroactive to December 15, 2009.

SCHEDULE 9 CO-OPERATIVE CORPORATIONS ACT

The Schedule amends the Co-operative Corporations Act. Here are some highlights:

  1. In various provisions of the Act, authorities and responsibilities of the Superintendent of Financial Services are changed to be authorities and responsibilities of the Minister.
  2. The Minister is given the ability to delegate duties and powers under the Act to any person, subject to any restrictions set out in the delegation.
  3. Various provisions of the Act dealing with the issuance of certificates are re-enacted such that the power to decide whether a certificate should be issued is separated from the power to issue the certificate.
  4. Technical changes are made in connection with the Not-for-Profit Corporations Act, 2010.

To vew the full article please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.