Good Government Act, 2009 , S.O. 2009, C. 33 - Bill 212

1

chapter 33

An Act to promote good government by amending or repealing certain Acts and by enacting two new Acts

Assented to December 15, 2009

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of Act

1. This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Schedules

(2) The Schedules to this Act come into force as provided in each Schedule.

Different dates for same Schedule

(3) If a Schedule to this Act or any portion of a Schedule to this Act provides that it is to come into force on a day to be named by proclamation of the Lieutenant Governor, the proclamation may apply to the whole or any portion of the Schedule, and proclamations may be issued at different times as to any portion of the Schedule.

Short title

3. The short title of this Act is the Good Government Act, 2009.

Schedule 1
MINistry oF Agriculture, Food and Rural Affairs

AgriCorp Act, 1996

1. The English version of subsection 17 (3) of the AgriCorp Act, 1996 is amended by striking out “Ministry of Agriculture and Food Act” and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

Agricultural and Horticultural Organizations Act

2. (1) The definition of “Minister” in section 1 of the Agricultural and Horticultural Organizations Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2) Section 4 of the Act is amended by striking out “Ministry of Agriculture and Food” and substituting “Ministry of Agriculture, Food and Rural Affairs”.

Agricultural Research Institute of Ontario Act

3. (1) The definition of “Minister” in section 1 of the Agricultural Research Institute of Ontario Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2) Subsection 4 (1) of the Act is amended by striking out “Ministry of Agriculture and Food” and substituting “Ministry of Agriculture, Food and Rural Affairs”.

(3) Clause 9 (2) (e) of the Act is amended by striking out “Ministry of Agriculture and Food” and substituting “Ministry of Agriculture, Food and Rural Affairs”.

(4) Clause 9 (2) (f) of the Act is amended by striking out “Ministry of Agriculture and Food” and substituting “Ministry of Agriculture, Food and Rural Affairs”.

Agricultural Tile Drainage Installation Act

4. The definition of “Minister” in section 1 of the Agricultural Tile Drainage Installation Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Animals for Research Act

5. The definition of “Minister” in subsection 1 (1) of the Animals for Research Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Beef Cattle Marketing Act

6. The definition of “Minister” in section 1 of the Beef Cattle Marketing Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Bees Act

7. The definition of “Minister” in section 1 of the Bees Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Commodity Futures Act

8. Clause 31 (b) of the Commodity Futures Act is amended by striking out “Ministry of Agriculture and Food” at the end and substituting “Ministry of Agriculture, Food and Rural Affairs”.

Drainage Act

9. The definition of “Minister” in section 1 of the Drainage Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Farm Products Containers Act

10. The definition of “Minister” in section 1 of the Farm Products Containers Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Farm Products Grades and Sales Act

11. The definition of “Minister” in section 1 of the Farm Products Grades and Sales Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Farm Products Marketing Act

12. (1) The definition of “Commission” in section 1 of the Farm Products Marketing Act is amended by striking out “Ministry of Agriculture and Food Act” at the end and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

(2) The definition of “Minister” in section 1 of the Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(3) Clause 3 (1) (e) of the Act is repealed and the following substituted:

(e)require persons engaged in producing or marketing a regulated product to register the business contact information and description of the business with the Commission or local board;

(4) Clause 5 (1) (d) of the Act is repealed and the following substituted:

(d)prescribing the powers, duties and functions of a local board constituted under clause (a);

(5) Subsection 6 (1) of the Act is amended by striking out “to carry out the duties referred to in clause 3 (1) (g)” and substituting “to carry out one or more of the duties referred to in clause 3 (1) (g)”.

(6) Subsections 6 (2) and (3) of the Act are repealed.

(7) The English version of paragraph 9 of subsection 7 (1) of the Act is amended by striking out “the person produced in any year and used for processing” at the end and substituting “the person produced and used for processing in any year”.

(8) Paragraph 40 of subsection 7 (1) of the Act is repealed and the following substituted:

40.authorizing a local board to appoint agents, to prescribe their duties and terms and conditions of appointment and to provide for their remuneration;

(9) Clause 14 (4) (a) of the Act is amended by striking out “other than a dwelling”.

(10) The Act is amended by adding the following section:

Powers on inspection, etc.

Entry onto lands or premises

14.1 (1) A person authorized under this Act to enter lands or premises other than a dwelling may do so at any reasonable time.

Entry into a dwelling

(2) A person authorized under this Act to enter premises may enter premises that are a dwelling at any reasonable time if reasonable notice has been given to the occupant and the occupant has consented or if the entry is under the authority of a warrant.

Warrants

(3) A person authorized under this Act to carry out one or more of the duties referred to in clause 3 (1) (g) may apply, without notice, to a provincial judge or a justice of the peace to obtain a warrant,

(a)to enter premises that are a dwelling; or

(b)to enter any premises or conveyance,

(i)if entry to the premises or conveyance has been refused, or

(ii)if there are reasonable grounds to believe that entry to the premises or conveyance is likely to be refused.

Application, dwelling

(4) An application for a warrant to enter premises that are a dwelling shall specifically indicate that the application relates to premises that are a dwelling.

Obstruction

(5) No person shall hinder or obstruct any person who is exercising a power or carrying out a duty under this Act or refuse to answer questions on matters relevant to the exercise of that power or the carrying out of that duty or provide the person exercising that power or carrying out that duty with false or misleading information.

Certificate of appointment

(6) The production by any person of a certificate of his or her appointment by the Commission or a local board under this Act purporting to be signed by the chair and secretary of the Commission or the local board shall be accepted by any person as proof, in the absence of evidence to the contrary, of the appointment.

(11) Section 20 of the Act is repealed.

Farm Products Payments Act

13. (1) The definition of “Minister” in section 1 of the Farm Products Payments Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2) Subsection 5 (3) of the Act is amended by striking out “Treasurer of Ontario” in the portion before clause (a) and substituting “Minister of Finance”.

(3) Subsection 5 (4) of the Act is amended by striking out “Treasurer of Ontario” and substituting “Minister of Finance”.

Grain Corn Marketing Act

14. (1) The definition of “Minister” in section 1 of the Grain Corn Marketing Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2) The Act is repealed.

Grains Act

15. (1) The French version of subsection 18 (4) of the Grains Act is amended by striking out “relatif à la valeur marchande” and substituting “relatif au prix du marché”.

(2) Clause 28 (1) (e) of the Act is amended by striking out “Ministry of Agriculture and Food” at the end and substituting “Ministry of Agriculture, Food and Rural Affairs”.

Livestock and Livestock Products Act

16. (1) The definition of “Minister” in section 1 of the Livestock and Livestock Products Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2) Subsection 15 (5) of the Act is amended by striking out “Ministry of Agriculture and Food Act” and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

Livestock Community Sales Act

17. The definition of “Minister” in section 1 of the Livestock Community Sales Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Livestock Identification Act

18. The definition of “Minister” in section 1 of the Livestock Identification Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Livestock Medicines Act

19. (1) The definition of “Minister” in section 1 of the Livestock Medicines Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2) Clause 2 (2) (a) of the Act is amended by striking out “Ministry of Agriculture and Food” at the end and substituting “Ministry of Agriculture, Food and Rural Affairs”.

(3) Clause 2 (2) (b) of the Act is amended by striking out “Ministry of Health” at the end and substituting “Ministry of Health and Long-Term Care”.

(4) Clause 2 (2) (c) of the Act is amended by striking out “Health Protection Branch of the Department of National Health and Welfare (Canada)” at the end and substituting “Health Canada”.

(5) Clause 2 (2) (g) of the Act is amended by striking out “The Ontario Fur Breeders Association, Incorporated” at the end and substituting “Ontario Fur Breeders Association”.

Milk Act

20. (1) The definition of “Commission” in section 1 of the Milk Act is amended by striking out “Ministry of Agriculture and Food Act” at the end and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

(2) Subsection 2.10 (2) of the Act is amended by striking out “Ministry of Agriculture and Food Act” and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

(3) Subsection 2.10 (4) of the Act is amended by striking out “Ministry of Agriculture and Food Act” and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

(4) Subsection 2.10 (5) of the Act is amended by striking out “Ministry of Agriculture and Food Act” and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

(5) Subsection 19.1 (7) of the Act is amended by striking out “Ministry of Agriculture and Food Act” and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

(6) Subsection 19.1 (9) of the Act is amended by striking out “Ministry of Agriculture and Food Act” and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

Ministry of Agriculture, Food and Rural Affairs Act

21. Subsection 8 (2) of the Ministry of Agriculture, Food and Rural Affairs Act is repealed and the following substituted:

Form of guarantee

(2) The form and manner of any such guarantee shall be such as the Lieutenant Governor in Council approves and the guarantee shall be signed by the Minister of Finance or by such other officer or officers as are designated by the Lieutenant Governor in Council and, upon being so signed, the Province of Ontario is liable for the payment of the loan or part thereof and interest thereon guaranteed according to the terms of the guarantee.

Ontario Agricultural Museum Act

22. (1) The definition of “Minister” in section 1 of the Ontario Agricultural Museum Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2) Subsection 11 (1) of the Act is amended by striking out “Treasurer of Ontario” and substituting “Minister of Finance”.

(3) Subsection 11 (2) of the Act is amended by striking out “Treasurer of Ontario” and substituting “Minister of Finance”.

Ontario Food Terminal Act

23. (1) The definition of “Minister” in section 1 of the Ontario Food Terminal Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2) Subsection 6 (1) of the Act is amended by striking out “Treasurer of Ontario” and substituting “Minister of Finance”.

(3) Clause 7 (c) of the Act is amended by striking out “Treasurer of Ontario” wherever it appears and substituting in each case “Minister of Finance”.

(4) Section 10 of the Act is amended by striking out “Treasurer of Ontario” at the end and substituting “Minister of Finance”.

Plant Diseases Act

24. The definition of “Minister” in section 1 of the Plant Diseases Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Tile Drainage Act

25. Subsection 11 (1) of the Tile Drainage Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Veterinarians Act

26. (1) The definition of “Minister” in subsection 1 (1) of the Veterinarians Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2) Subsection 25 (1) of the Act is amended by striking out “by prepaid first class mail” and substituting “by mail, by registered mail or by courier service”.

Weed Control Act

27. (1) The definition of “Minister” in section 1 of the Weed Control Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2) Clause 13 (3) (b) of the Act is amended by striking out “by mailing a copy of the order by prepaid first class mail, by registered mail or by certified mail” at the beginning and substituting “by sending a copy of the order by mail, by registered mail, by certified mail or by courier service”.

(3) Subsection 18 (1) of the Act is amended by striking out “by prepaid first class mail” and substituting “by mail, by registered mail, by certified mail or by courier service”.

Commencement

Commencement

28. (1) Subject to subsection (2) this Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

Same

(2) Subsection 14 (2) comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 2
Ministry of the Attorney General

Accumulations Act

1. The Accumulations Act is amended by adding the following section:

Rules as to accumulations not applicable to charitable purpose trusts

4. The rules of law and statutory enactments relating to accumulations do not apply and shall be deemed never to have applied to trusts created for a charitable purpose, as defined in section 7 of the Charities Accounting Act.

Administration of Justice Act

2. (1) Section 4.2 of the Administration of Justice Act is amended by striking out “4.6” in the portion before clause (a).

(2) Sections 4.5 and 4.6 of the Act are repealed and the following substituted:

Fee waiver re enforcement of court order or tribunal order: sheriff

Request

4.5 (1) A person who is entitled to have a court order or a tribunal order enforced by a sheriff on payment of a fee may request a fee waiver under this section by giving the sheriff a written request, in the form provided by the Ministry.

Certificate

(2) If the sheriff determines that the person meets the prescribed conditions, he or she shall give the person a certificate indicating that all fees relating to the enforcement of the order that are or would be payable by the person on or after the date of the certificate are waived.

Decision final

(3) The sheriff’s decision is final.

Bailiff

(4) In the case of the enforcement of a court order, references in this section to a sheriff include a bailiff.

(3) Section 4.8 of the Act is amended by striking out “4.6”.

(4) Section 4.9 of the Act is amended by striking out “4.6”.

(5) Clause 5 (1) (e) of the Act is amended by striking out “4.3 (4), 4.5 (2) and 4.6 (2)” at the end and substituting “4.3 (4) and 4.5 (2)”.

(6) Clause 5 (1) (h) of the Act is amended by striking out “4.6”.

Aggregate Resources Act

3. The following provisions of the Aggregate Resources Act are amended by striking out “Sections 43 and 95” at the beginning and substituting “Section 43”:

1.Subsection 11 (15).

2.Subsection 13 (10).

3.Subsection 16 (12).

4.Subsection 18 (9).

5.Subsection 20 (9).

Algoma University Act, 2008

4. Subsection 29 (6) of the Algoma University Act, 2008 is repealed.

Arbitration Act, 1991

5. The definition of “court” in section 1 of the Arbitration Act, 1991 is amended by adding “the Family Court or” before “the Superior Court of Justice”.

Architects Act

6. Subclause 34 (4) (l) (ii) of the Architects Act is amended by striking out “handicap” and substituting “incapacity”.

Assessment Review Board Act

7. (1) Clause 8.1 (1) (a) of the Assessment Review Board Act is repealed and the following substituted:

(a)in respect of proceedings brought before the Board;