Backgrounder
Ontario Prioritizing People’s Safety While Reducing the Burden on Businesses and Communities
June 30, 2021
Content
The following legislative and regulatory changes come into effect in early July. They are listed by ministry responsible.
Ministry of Agriculture, Food and Rural Affairs
The government is making amendments to the Drainage Act to simplify the process for minor drainage improvement projects under Ontario’s Drainage Act to save farmers, rural property owners and municipalities approximately $800,000 annually. Streamlining the process for low-risk minor improvements under Ontario’s Drainage Act will help to save time and reduce administrative burdens, encouraging the development of green infrastructure projects that can improve water quality and reduce flooding.
To save drainage business and operators money and enhance market competitiveness, amendments to the Agricultural Tile Drainage Installation Act will remove licensing and administrative fees $50 or less. This will make it easier for drainage companies to do business in Ontario. While the fee is being eliminated, businesses will still need to be licensed and can be inspected to maintain the rules that protect Ontarians and our environment.
The government has also amended the Ontario Food Terminal Act (OFTA). Amendments made to the OFTA included setting the minimum number of Board Members at five (5) and the maximum at thirteen (13). Increasing the number of Board Members will increase the diversity and expertise of the Board. In addition, the sections of the OFTA pertaining to promotion of local food, appointment of the General Manager, and clarification around permitting the Board to set up advisory committees will also be proclaimed on July 1, 2021.
Regulatory changes made under the Nutrient Management Act will help fulfill the government mandate to reduce red tape and regulatory barriers for farmers while supporting environmental initiatives under the Made in Ontario Environment Plan. Amendments to nutrient management regulations will support renewable natural gas production in rural Ontario, diverting more waste from landfills and supporting greenhouse gas reduction.
Ministry of the Attorney General
The Ontario government will provide more protection for Ontarians within the legal system and promote reasonable and transparent contingency fees through amendments under the Plan for Care and Opportunity Act (Budget Measures), 2018. Changes will make paralegals subject to the same rules as lawyers and allow lawyers/clients to include legal costs in the calculation of contingency fees.
Changes to the Modernizing Regulation of the Legal Profession Act, 2013, have been made to the repeal transition requirements brought in when the Law Society Tribunal was created and are no longer needed. These changes support the efforts to modernize and streamline the justice system in Ontario.
The Ontario government is also reducing unnecessary regulatory burden on licensed manufacturers’ representatives by making changes to the Liquor Licence Act. These changes will provide manufacturers with the support and flexibility to grow their businesses. These changes will remove the 360-litre cap on the amount of liquor licenced manufacturer’s representatives can store at their licensed premises.
Ministry of Colleges and Universities
The Ontario government is amending a regulation to remove board-specific operating requirements, its composition and administration under the Private Career Colleges Act, 2005, which would reduce regulatory burden and allow a less formal stakeholder advisory group flexibility to offer advice.
The government is also protecting students and reducing barriers for recruitment of international students by amending a regulation to exclude certain private education service providers that partner with a university from the Private Career Colleges Act, 2005, by exempting them from needing to register as a Private Career College, which will limit duplicative regulatory requirements.
Ministry of Energy
The Ontario government is revoking two regulations under Electricity Act, 1998, to support the transformation of and build confidence in Ontario’s energy sector. By eliminating regulations, the province is reducing regulatory burden on local distribution companies and the Independent Electricity System Operator (IESO) and ensuring the regulatory environment is consistent and predictable for all energy generators seeking grid connection assessments. The change also completes the restoration of municipal planning authority over the siting of future renewable energy projects in Ontario.
The Ontario government is also aligning its energy efficiency requirements under the Electricity Act, 1998, with other leading jurisdictions, which will reduce trade barriers and make life more affordable in Ontario. New standards will help develop a more integrated North American market, give consumers access to the newest and most efficient products available that could help further lower their energy bills, and reduce burdens on manufacturers.
Ministry of the Environment, Conservation and Parks
Delivering on a key commitment in our plan to protect our air, land and water, the Ontario government has finalized regulations to transition all waste diversion programs to the producer responsibility model. The province created a new regulation under the Resource Recovery and Circular Economy Act that makes producers responsible for safely collecting and managing hazardous and special products like paints, solvents, pesticides, antifreeze, oil containers and pressurized containers to help increase waste diversion rates and reduce what goes to the landfills.
The Ontario government is also improving air quality by implementing a regulation under the Environmental Protection Act that will strengthen vehicle emissions requirements for the biggest polluters on our roads, including a mandatory computerized on-board diagnostic inspection test for some heavy diesel commercial vehicles.
Amendments to regulations under the Environment Protection Act and the Environmental Assessment Act make it easier for communities and businesses to use combined heat and power technologies by exempting low-impact heat and power systems in places like hospitals and colleges and universities that use natural gas, wood biomass and other energy-efficiencies fuel sources from requiring an environmental approval.
The province is helping municipalities and businesses save time and money by moving low-risk, short-term water taking activities, such as pumping tests, construction site dewatering and highway and transit projects to a more flexible approval process by amending regulations made under the Environmental Protection Act and the Ontario Water Resources Act.
Modernizing the environmental assessments program is a key commitment of the Made-In-Ontario Environment Plan. Amendments to a regulations under Environmental Assessment Act exempts land claim settlement activities and other agreements with Indigenous communities about land from environmental assessment requirements, thereby creating a single process through the Ministry of Indigenous Affairs for evaluating impacts and ensuring the Crown’s duty to consult is fulfilled.
To ensure the Ministry of the Environment, Conservation and Parks is working more effectively to serve the people of Ontario now and in the future, the Ontario government is making amendments to the Protect, Support and Recover from COVID-19 Act (Budget Measures) 2020, that come into force on July 2, 2021. The amendments are financial-related and will support modernization of Ontario Parks, by enhancing the management of third-party uses of land in provincial parks and conservation reserves and enabling the collection and use of all revenues associated with conservation reserves. The amendments will also finalize the transition of the Ontario Parks program from the Ministry of Natural Resources and Forestry to the Ministry of the Environment, Conservation and Parks (MECP) and the transfer of responsibility for conservation reserves to the MECP’s Ontario Parks program.
Amendments have been made to regulations under the Environmental Protection Act to reduce the regulatory burden for regulated industrial wastewater facilities by transferring the Municipal Industrial Strategy for Abatement into existing individual site-specific Environmental Compliance Approvals. This will remove duplication while maintaining the strong current level of oversight of the release of wastewater from these facilities to Ontario’s waterways.
The province is creating a new regulation under the Ministry of the Environment Act, to modernize the way property related information is delivered to the public, though a new digital program called the Modernization of Property Information (MPI) program. This new program will make it easier and faster for the public to access property-related information and reduce delays for the real-estate industry and property developers with faster and better-informed decisions to support property transactions.
The Ontario government is beginning to transition to a Consolidated Linear Infrastructure Permissions Approach that will allow prescribed persons to make alterations to low risk projects related to sewage collection and stormwater management. The goal of this approach is getting important, low-risk public infrastructure projects built sooner by reducing the time it takes between when needs are identified and when citizens can actually benefit.
Ministry of Finance
In conjunction with changes to the Securities Act, the Ontario government has made regulatory changes under the Mortgage Brokerages, Lenders and Administrators Act 2006, to support transferring regulatory oversight of complex syndicated mortgage investments distributed to retail investors from the Financial Services Regulatory Authority of Ontario to the Ontario Securities Commission on July 1, 2021. This will ensure that the regulatory framework for syndicated mortgage investments provides stronger investor protections for retail investors.
Ministry of Government and Consumer Services
Buying a home is one of the most important investments Ontarians can make. That’s why, responding to recommendations made by the Auditor General of Ontario, the Ontario government made regulatory changes under Ontario New Home Warranties Plan Act to clarify the new home warranty and protection claims process and enhance dispute resolution.
As well, the province is strengthening professionalism and ethical practices across the new home building sector by establishing a mandatory Code of Ethics for all builders and vendors of new homes.
The government is following through to implement changes to the administrative authority framework to ensure there are consistent requirements for, and stronger oversight of, most administrative authorities and that Ontario’s consumer protection and public safety laws are applied and enforced.
The Ontario government has also listened to the public, stakeholders and the Auditor General and has made regulatory changes under the Funeral, Burial and Cremation Services Act, 2002, intended to better ensure that consumers can safely access information they need to make informed decisions about bereavement supplies and services, as well as to reduce burden on bereavement service operators.
Ministry of Heritage, Sport, Tourism and Culture Industries
The Ontario government has filed a new regulation under the Ontario Heritage Act to help improve consistency, transparency and efficiency in decision-making. Together with legislative amendments that come into force on July 1, 2021, the changes provide a suite of new tools to support streamlining approvals and increasing housing supply in Ontario, while continuing to allow for the conservation of cultural heritage resources that are important to Ontarians.
The government is also amending regulations to the Niagara Parks Act and the St. Lawrence Parks Commission Act to bring these acts in line with changes to the legislative framework for the intercommunity passenger vehicle transportation sector.
Ministry of Labour, Training and Skills Development
The Ontario government is amending regulations under the Ontario Immigration Act, 2015, by removing a restriction for the Ontario Immigrant Nominee Program Entrepreneur Stream to permanently allowing virtual interviews and reduce reporting requirements to a biannual schedule while maintaining program integrity.
A new regulation under the Occupational Health and Safety Act (OHSA) consolidates written reporting requirements for workplace fatalities, critical injuries, occupational illnesses and other prescribed incidents in one place without impacting worker safety. The employer’s obligation to provide these reports under OHSA remains unchanged.
Ministry of Municipal Affairs and Housing
The Ontario government is amending a regulation under the Municipal Act, 2001, to extend the increased debt-limit rules for York Region for an additional 10 years (to December 31, 2031) in order to support the development of future capital infrastructure, including transit. This change was made as part of Ontario’s Spring 2021 Red Tape Reduction Package.
A regulatory amendment under the Housing Services Act, 2011, will exempt the transfer of seven Kingston social housing / affordable housing properties from land transfer tax. This will preserve existing stock of social and affordable community housing units. The transfer will also help protect tenants and ensure the critical housing stock continues to be available for those who rely on social and affordable housing.
Ministry of Northern Development, Mines, Natural Resources and Forestry
The Ontario government has made amendments to the Surveyor’s Act to achieve efficiencies for the Association of Ontario Land Surveyors and survey businesses by enhancing protection for clients, allowing for electronic voting of new councillors and making minor changes to Act’s language for clarification and consistency.
An amendment to a regulation under the Public Lands Act now allows wood storage to be a free use of Crown lands. These amendments align with the government’s commitment made during the Forest Sector Strategy consultations to streamline the planning, review and approval process for wood storage yards by including the approvals of wood storage with the overall forest management planning process. Additional minor amendments were made to clarify that forestry camping units (for example, forestry worker camps) must comply with operational requirements in forest management plans instead of annual work schedules.
The province amended a regulation under the Niagara Escarpment Planning and Development Act by replacing an 84-page text description with a map to depict the boundary of the Niagara Escarpment Planning area. The amendment is intended to clarify current information, to make the map simpler and more user friendly for the benefit of businesses and individuals.
Ministry of the Solicitor General
The Ontario government has amended an exemptions regulation under the Police Record Checks Reform Act, 2015, to replace temporary exemptions that will expire on July 1, 2021. The amendments include additional provisions for administering police record checks, such as:
- greater transparency around how an exempted police record check is conducted and restrictions as to when non-criminal information can be disclosed; and
- processes to respond to requests from an individual to review their results, correct inaccurate information or request a reconsideration.
Amendments clarify which exemptions will continue and the scope of each specific exemption. The amendments also introduce new criteria to guide what can be disclosed, enable disclosure of the results to the applicant (upon request) and require a process for review or reconsideration.
The province made amendments to regulations under the Private Security and Investigative Services Act, 2005, to extend the licence term for licenced agencies and registration term for registered employers. The amendments are intended to reduce the administrative burden on businesses that sell the services of or employ security guards and private investigators.
Under the Anti-Racism Act, 2017, starting on July 1, 2021, the province is required to collect the Indigenous identity, race, religion and ethnic origin of an individual who has been charged with an offence and appears in bail court. Specified children’s aid societies are required to collect the Indigenous identity, race, religion and ethnic origin of children who are the subject of a child protection investigation conducted by a specified children’s aid society and children who otherwise receive a service from a specified children’s aid society. Specified children’s aid societies are required to collect the Indigenous identity, race, religion and ethnic origin of individuals to whom they provide care and support.
Ministry of Transportation
The Ontario government is committed to making life more affordable for people and families in response to COVID-19. That is why the province amended regulations under the Highway Traffic Act, Motorized Snow Vehicle Act and Off-Road Vehicles Act to cancel an increase to driver, vehicle and carrier fees that would have taken effect July 1, 2021.
The province is committed to ensuring commercial motor vehicles used on highways are safe and operating at the highest standards. The exemption from annual inspections for mobile cranes and concrete pumps is expiring. All mobile cranes and concrete pumps must display a valid annual inspection sticker by July 1, 2021.
The province is taking strong action to protect young drivers and vulnerable road users by introducing new measures to target stunt driving, aggressive driving and street racing. A new regulation takes effect that lowers the speed threshold for stunt driving on municipal roads by expanding the definition of stunt driving to include exceeding the speed limit by 40km/h or more on roads with a speed limit of less than 80 km/h.
The province will also proclaim sections of the Moving Ontarians More Safely Act, 2021 (MOMS Act) that increase the length of a roadside vehicle impoundment for street racing/stunt driving from seven days to 14 days.
The MOMS Act also protects pedestrians, cyclists and other vulnerable road users by amending the Highway Traffic Act to update collision reporting processes and data systems to track “dooring” collisions involving cyclists, bicycles or moving vehicles (e.g. e-scooters), and broader system changes to allow new data elements.
The province remains committed to supporting people and businesses as we respond to the COVID-19 pandemic. Several new, amended and revoked regulations under the Better for People, Smarter for Business Act, 2020, would dissolve the Ontario Highway Transport Board, as well as repeal the Public Vehicles Act and related sections in related Acts. This will make it easier for businesses to create passenger transportation and operate routes where there is a need in communities across Ontario.
Working with the Information and Privacy Commissioner of Ontario to protect people’s private information, the Ontario government proclaimed a section of the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020, that would expand the Authorized Requestor Program and increase transparency related to how and why driver information is shared with third parties.
The Ontario government is supporting truck and bus drivers by introducing a vision waiver program for commercial drivers who have reduced vision. A new regulation under the Highway Traffic Act will allow for the implementation of a commercial vision waiver program which would establish an individualized assessment program for Class A, C, D and F drivers. This program allows commercial drivers with reduced vision to demonstrate their ability to compensate for their vision loss and if successful maintain their mobility and livelihood.
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