Ontario Statutes to be Repealed or Proclaimed by January 1, 2013

Archived Backgrounder

Ontario Statutes to be Repealed or Proclaimed by January 1, 2013

Office of the Premier

The Legislation Act passed in 2006 repeals all statutes or parts of statutes that have not been proclaimed in force ten years after they are passed. Alternatively, the government can proclaim them into force before the end of the tenth year, or the legislature can resolve that they should not be repealed. This rule is designed to clear the system of old unproclaimed statutes.

The following statutes will be proclaimed into force on December 31, 2012

1.

Sections of the Commissioners for Taking Affidavits Act that deem certain office holders (for example, lawyers, MPPs, mayors) to be commissioners are being replaced by a regulation-making power. A companion regulation, which will come into force at the same time as the statute, will also expand the list of office holders who can act as commissioners. This year there were an estimated 10,000 applications for appointments by the Attorney General. This change will increase flexibility to designate appropriate offices and, coupled with the regulation, help reduce wait times for public applications. (Ministry of the Attorney General)

2.

The International Interests in Mobile Equipment Act implements in Ontario an international convention on security interests. The convention provides an international registry for financing aircraft. A bank approached to finance an aircraft would now have the ability to check in one place (the registry) to be sure that no other bank in a member country of the convention had a claim on the plane. All aircraft financiers provide lower interest rates on loans taken out to buy aircraft built in their country if the buyer/borrower is in a member country of the convention. (Ministry of the Attorney General)

3.

Sections of the Ministry of Correctional Services Act clarify the minister has power to establish maximum/medium security custody programs in correctional institutions. Language used in the act will also be made more consistent. (Ministry of Community Safety and Correctional Services)

4.

Sections of the Ministry of Correctional Services Act clarify the legislative authority of the Ontario Parole Board to grant, deny, revoke, suspend and vary the parole of an offender before he/she is released from custody and an actual breach of parole has occurred. In addition, the amendments clarify the ability of the board to receive relevant oral information about a parole or temporary absence determination. (Ministry of Community Safety and Correctional Services)

5.

A section of the Municipal Statute Law Amendment Act which makes a consequential amendment to the Pay Equity Act to make the definition of geographic division in that act refer to the geographic areas prescribed under the Territorial Divisions Act. (Ministry of Labour)



The following statutes, or sections of statutes, will be repealed by January 1, 2013

1.

Sections of the Provincial Offences Act would have given justices presiding over bail hearings the discretion to permit defendants of provincial offences to appear by electronic method (audio or video) and require consent of the parties in certain circumstances. These sections were superseded by a 2009 amendment permitting all participants (i.e., defendants, prosecutors, witnesses and interpreters) to attend hearings, including bails, by electronic method. Consent of the parties is still required in certain circumstances. (Ministry of Attorney General)

2.

Sections of the Ministry of Correctional Services Act would have allowed for random substance testing of persons on parole, temporary absence, probation or a conditional sentence. Federal legislation has been passed but not yet proclaimed that would permit such testing once the infrastructure is in place to implement the process. (Ministry of Community Safety and Correctional Services)

3.

A section of the Safe Drinking Water Act would have provided the Ministry of the Environment with authority to use administrative penalties to deal with contraventions under the act. Regulations were still required - but never developed - to allow the ministry to use the section, including establishing rules to determine how the penalties would be calculated. The ministry can continue to use its existing enforcement powers, including orders and prosecutions, to ensure compliance with drinking water legislation. (Ministry of the Environment)

4.

The Sustainable Water and Sewage Systems Act would have required municipalities to prepare full cost accounting reports and cost recovery plans for their water and wastewater services. The government has instead undertaken a number of different initiatives to move municipalities incrementally towards full cost recovery of water and wastewater services. These include:
  • Supporting municipalities through the Showcasing Water Innovation initiative to find cost-effective solutions for managing these municipal water, wastewater and stormwater services.
  • Requiring municipalities to prepare financial plans for drinking water systems and pass council resolutions indicating their systems are financially viable.
  • Supporting municipal asset management planning through the Building Together municipal infrastructure strategy to help ensure that the right investments are made at the right time. (Ministry of the Environment)

5.

The Collision Repair Standards Act would have regulated the automotive collision repair industry by establishing a regulatory framework including the certification and decertification of collision repair shops, establishing the Collision Repair Advisory Board and amending the Insurance Act. The automotive repair rules in the Consumer Protection Act more directly address consumer issues in this sector. (Ministry of Consumer Services)

6.

Sections of the Funeral, Burial and Cremation Services Act would have set rules with regard to the scattering of cremated human remains at a place other than a scattering ground. In addition to existing policy guidelines addressing scattering ashes, many municipalities have by-laws in place that speak to scattering, specifically prohibiting it in municipal parks. (Ministry of Consumer Services)

7.

Sections of the Funeral, Burial and Cremation Services Act would have set out rules for casket and casket maker retailing businesses. These sections are unnecessary as their activities are subject to the Consumer Protection Act and repeal will streamline and remove unnecessary burden on the sector. (Ministry of Consumer Services)

8.

A section of the Funeral, Burial and Cremation Services Act would have regulated the sale of future interment rights. Existing regulations within the Funeral, Burial and Cremation Services Act provide authority to regulate the sale for future interment rights should the need arise. (Ministry of Consumer Services)

9.

A section of the Funeral, Burial and Cremation Services Act would have provided some tax relief for cemetery owners if the cemetery's care and maintenance was not adequately funded. Repeal will streamline and remove unnecessary burden on the sector and is not required because updates to the Assessment Act require cemetery owners to make payment into the cemetery's care and maintenance fund. (Ministry of Consumer Services)

10.

Sections of the Funeral, Burial and Cremation Services Act, which were technical and consequential in nature, have been deemed inconsequential as they have been superseded or made obsolete by previous legislation. (Ministry of Consumer Services)

11.

A schedule in the Consumer Protection Statute Law Amendment Act would have amended sections of the Real Estate and Business Brokers Act to allow registered real estate professionals to call themselves specialists in defined areas once they met prescribed criteria. There is no compelling regulatory or public protection rationale for implementing specialization. The effort of establishing and administering qualifications is not warranted by what is largely an advertising and marketing issue. (Ministry of Consumer Services)

12.

Sections of the Electricity Act which were intended to be used as part of the plan to restructure Hydro One Networks by restricting the Lieutenant Governor in Council's authority to prescribe mandatory provisions of Hydro One's articles of incorporation through regulation. As this plan was abandoned by the last government, these provisions were never proclaimed. (Ministry of Energy)

13.

A section of the Electricity Pricing, Conservation and Supply Act was intended to amend the Electricity Act as part of the plan to restructure Hydro One Networks, by removing the Lieutenant Governor in Council's authority to require additional information to be provided to the Ontario Energy Board when the Independent Electricity Systems Operator made market rule amendments. As this plan was abandoned by the last government, these provisions were never proclaimed. (Ministry of Energy)

14.

Sections of the Reliable Energy and Consumer Protection Act would have amended the Electricity Act as part of the plan to restructure Hydro One Networks by removing Hydro One from the list of transferees whose approval would be required in the event where the Lieutenant Governor in Council orders a transfer of any assets, liabilities, rights or obligations of the old Ontario Hydro. As this plan was abandoned by the last government, these provisions were never proclaimed. (Ministry of Energy)

15.

Sections of the Ontario Energy Board Act were intended to be used as part of the plan to restructure Hydro One Networks by allowing the Lieutenant Governor in Council to retain a degree of control over transfer orders and would have removed certain consumer protection, transparency and reporting requirements by retailers and generators about environmental issues. As this plan was abandoned by the last government, these provisions were never proclaimed. (Ministry of Energy)

16.

A section of the Government Efficiency Act would have amended the Land Registration Reform Act to enable the creation of Standard Terms of Agreement that would allow parties to reference common, previously filed agreement terms without including them again in registered documents, such as a Subdivision Agreement between a developer and a municipality. The supporting rules and procedures were not developed and there has been no demand for them. (Ministry of Government Services)

17.

Sections of the Government Efficiency Act would have amended the Lobbyists Registration Act to give the Lobbyist Registrar the authority to set filing and service fees to avoid resorting to regulation changes to offset registry operating expenses. They are being repealed because the introduction of cost-effective electronic filing practices has eliminated the need to offset expenses. (Ministry of Government Services)

18.

Sections of the Government Efficiency Act would have amended the Highway 407 Act and Northern Services Board Act to update references to the "Emergency Plans Act" to "Emergency Management Act." The act is now known as the "Emergency Management and Civil Protection Act", so this section cannot be proclaimed and will be brought forward at a later date with current names included. (Ministry of Transportation, Ministry of Northern Development and Mines)

19.

Sections of the Government Efficiency Act would have amended the Highway Traffic Act with respect to non-payment for permit and driving related offences. They are being repealed because the wording does not allow defaulted debit and credit card payments to be tied to clients. The problem is currently being managed through a policy that only accepts certified personal cheques or business cheques. (Ministry of Transportation)

20.

A section of the Government Efficiency Act would have amended the Highway Traffic Act to prohibit rebuilding air bags, including selling and installing them. This issue has since been addressed federally through the Transport Canada Airbag Deactivation Program. (Ministry of Transportation)

21.

A section of the Government Efficiency Act amended the Highway Traffic Act to add stop signs as suitable traffic control devices at railway crossing under the act. Since then, changes were made to comply with federal regulations that have even stronger safety measures for public vehicles at railway crossings. (Ministry of Transportation)

22.

A section of the Keeping the Promise for a Strong Economy Act would have prohibited the Ministry of Transportation from issuing vehicle permits unless the requirements of the Compulsory Automobile Insurance Act were complied with. It is being repealed because the issue was addressed under the Compulsory Automobile Insurance Act in July 2010. (Ministry of Transportation)

23.

A section of the Rescuing Children from Sexual Exploitation Act would have amended the Highway Traffic Act to authorize the suspension of a person's driver's licence on conviction of a prostitution-related criminal offence if the person used a motor vehicle in the commission of the offence. This section cannot be proclaimed because the Rescuing Children from Sexual Exploitation Act remains unproclaimed. (Ministry of Transportation)

24.

The Rescuing Children from Sexual Exploitation Act would have put in place a process for recovering damages from people who have sexually exploited children and apprehend children under 18 years who are at risk of or in a position of sexual exploitation. Child prostitution and sexual exploitation of children and youth is a complex problem and there is no simple solution. Times have changed since the act was passed - notably with the increased use of online exploitation of minors - and the government has a wide array of programs and activities that help protect children in today's world. (Ministry the Attorney General, Ministry of Children and Youth Services)

25.

A section of the Collision Repair Standards Act would have amended the Insurance Act to give an insured person the ability to have repairs performed by any certified repair garage, and require the approval of both the insured and provider when a vehicle is towed to a garage for repairs. The towing issue is being revisited as part of the government's auto insurance anti-fraud reforms. (Ministry of Finance)

26.

Sections of the Keeping the Promise for a Strong Economy Act would have amended the Insurance Act to make arbitration mandatory to determine how much a court award should be reduced in instances of double compensation from the court award and from auto insurance arising from an automobile accident. There are not enough cases of unreasonable calculations to justify legislating mandatory arbitration. (Ministry of Finance)

27.

Sections of the Keeping the Promise for a Strong Economy Act would have repealed the Province of Ontario Savings Office Act because the office no longer exists. The rate of interest accruing on its unclaimed amounts is determined under a regulation of the Province of Ontario Savings Office Act so it needs to stay in place. (Ministry of Finance)

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