chapter 26
An Act to reduce red tape, to promote good government through better management of Ministries and agencies and to improve customer service by amending or repealing certain Acts and by enacting two new Acts
Assented to December 6, 2000
CONTENTS
1. / Enactment of Schedules2. / Commencement
3. / Short title
Schedule A / Amendments proposed by the Ministry of the Attorney General
Schedule B / Amendments proposed by the Ministry of Consumer and Commercial Relations
Schedule C / Amendments proposed by the Ministry of Education
Schedule D / Amendments proposed by the Ministry of Energy, Science and Technology
Schedule E / Amendments proposed by the Ministry of the Environment
Schedule F / Environmental Review Tribunal Act, 2000
Schedule G / Amendments proposed by the Ministry of Finance
Schedule H / Amendments proposed by the Ministry of Health and Long-Term Care
Schedule I / Amendments proposed by the Ministry of Labour
Schedule J / Amendments proposed by Management Board Secretariat
Schedule K / Amendments proposed by the Ministry of Municipal Affairs and Housing
Schedule L / Amendments proposed by the Ministry of Natural Resources
Schedule M / Amendments proposed by the Ministry of Northern Development and Mines
Schedule N / Amendments and Repeal proposed by the Ministry of Training, Colleges and Universities
Schedule O / Amendments proposed by the Ministry of Transportation
Schedule P / Wine Content and Labelling Act, 2000
______
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Enactment of Schedules
1.(1)All the Schedules to this Act, other than Schedule F, are hereby enacted.
Schedule F
(2)The Environmental Review Tribunal Act, 2000, as set out in Schedule F, is hereby enacted.
Schedule P
(3)The Wine Content and Labelling Act, 2000, as set out in Schedule P, is hereby enacted.
Repeal
(4)The Hunter Damage Compensation Act is repealed.
Commencement
2.(1)Subject to subsections (2) and (3), 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 the commencement section at or near the end of 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 Red Tape Reduction Act, 2000.
SCHEDULE A
AMENDMENTS AND REPEALS PROPOSED BY THE MINISTRY OF THE ATTORNEY GENERAL
CONTENTS
SectionAdministration of Justice Act / 1
Charities Accounting Act / 2
The Chartered Accountants Act, 1956 / 3
Compensation for Victims of Crime Act / 4
Courts of Justice Act / 5
Dog Owners’ Liability Act / 6
Evidence Act / 7
Execution Act / 8
Interpretation Act / 9
Interprovincial Summonses Act / 10
Ministry of the Attorney General Act / 11
Professional Engineers Act / 12
Provincial Offences Act / 13
Public Guardian and Trustee Act / 14
Trustee Act / 15
Commencement / 16
______
Administration Of Justice Act
1.Section 2 of the Administration of Justice Act is amended by striking out “ Despite any other Act” and substituting “Despite any other Act, but subject to Part X of the Provincial Offences Act”.
Charities Accounting Act
2.(1)Subsection 1 (1) of the Charities Accounting Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1997, chapter 23, section 3, is repealed and the following substituted:
Notice of donation to be given to Public Guardian and Trustee
(1)Where, under the terms of a will or other instrument in writing, real or personal property or any right or interest in it or proceeds from it are given to or vested in a person as executor or trustee for a religious, educational, charitable or public purpose, or are to be applied by the person for any such purpose, the person shall give written notice to,
(a) the person, if any, designated in the will or other instrument as the beneficiary or as the person to receive the gift from the executor or trustee; and
(b) the Public Guardian and Trustee, in the case of an instrument other than a will.
(2)Subsection 1 (6) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 23, section 3, is repealed and the following substituted:
Copy of instrument
(6)The notice shall be accompanied by a copy of the will or other instrument; in the case of a notice under clause (1) (b), the Public Guardian and Trustee may require a notarial copy.
(3)Subclause 5.1 (2) (a) (i) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule B, section 1, is repealed and the following substituted:
(i) executors and trustees referred to in subsection 1 (1).
(4)The following provisions of the Act are amended by striking out “Public Trustee” wherever it appears and substituting in each case “Public Guardian and Trustee”:
1. Subsections 2 (1) and (2) and subsection 2 (3), as amended by the Statutes of Ontario, 1999, chapter 12, Schedule B, section 1.
2. Section 3, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule B, section 1.
3. Section 4, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule B, section 1.
4. Subsection 5 (4).
5. Subsections 6 (3), (4), (6) and (7).
6. Subsections 8 (2) and (3), subsection 8 (5), as amended by the Statutes of Ontario, 1999, chapter 12, Schedule B, section 1, and subsection 8 (7).
7. Subsections 10 (2), (3), and (4).
The Chartered Accountants Act, 1956
3.(1)Section 1 of The Chartered Accountants Act, 1956 is amended by adding the following clause:
(a.1) “firm” means a partnership or association of members who carry on the practice of public accounting or carry on related activities as defined by the council.
(2)Section 3 of the Act is repealed and the following substituted:
Objects
3.The objects of the Institute are,
(a) to promote and increase the knowledge, skill and proficiency of its members and students;
(b) to govern the members of the Institute and their firms;
(c) to establish, maintain and develop standards of qualification for members and students;
(d) to establish, maintain and develop standards of knowledge and skill among its members and students;
(e) to establish, maintain and develop standards of practice for members, students and firms;
(f) to establish, maintain and develop standards of professional ethics for members, students and firms;
(g) to regulate the practice, discipline and professional conduct of its members and students and of firms;
(h) to promote and protect the welfare and interest of the Institute and the accounting profession.
(3)Section 4 of the Act is amended by adding the following subsections:
Committees
(2)A committee established by the by-laws shall have the powers and duties set out in the by-laws.
Same
(3)The council shall appoint the members of any committee established under the by-laws for the term and on the conditions that the council determines.
(4)Section 5 of the Act is repealed and the following substituted:
Council
5.(1)The council shall consist of the following members:
1. Not more than 16 persons who are members of the Institute and who are elected by the members of the Institute as provided by its by-laws.
2. Four persons who are not members of the Institute or of the governing body of a self-regulating licensing body under any other Act and who are appointed by the Lieutenant Governor in Council for the term specified by the Lieutenant Governor in Council.
Qualifications and term of office of elected members
(2)The elected members of the council shall have the qualifications required by the by-laws of the Institute and shall hold office for the term provided by those by-laws; they may be chosen and retired in rotation as set out in the by-laws.
Disqualification
(3)A member of the council referred to in paragraph 1 of subsection (1) may be disqualified from sitting on the council under the conditions specified by the by-laws.
Transition
(4)The members of the council who are in office on the day the Red Tape Reduction Act, 2000 receives Royal Assent shall remain in office until their successors are elected or appointed.
(5)Section 6 of the Act is repealed and the following substituted:
Officers
6.The council shall elect from among its members the officers specified by the by-laws of the Institute as elected officers and shall appoint the officers specified by those by-laws as appointed officers, including a registrar.
(6)Section 8 of the Act is repealed and the following substituted:
By-laws
8.(1)The council may pass by-laws to carry out the objects of the Institute, including, without limiting the generality of the foregoing, by-laws,
(a) to provide for measures to ensure fair access to admission to membership, to approve the registration of students in accordance with the qualifications and conditions prescribed by the council, to prescribe standards of qualification and tests of competency, fitness and moral character for admission, and to establish committees to administer the prescribed requirements;
(b) to provide for the establishment and maintenance of classes, lectures, courses of study, systems of training, periods of service and examinations for students;
(c) to provide for the training and recognition of specialists;
(d) to prescribe standards of practice for members, students and firms;
(e) to provide for a practice inspection program and a committee to oversee its operation;
(f) to provide for rules of professional conduct;
(g) to provide for the exercise of disciplinary authority over members, students and firms, including the appointment of,
(i) a committee with power to receive and investigate complaints made against members, students and firms, to admonish members, students and firms, and to make and prosecute charges that a member, student or firm has breached a rule of professional conduct, and
(ii) a committee with power to conduct the formal hearing of charges made under subclause (i), to expel, readmit, suspend, suspend on an interim basis, fine, charge the costs of investigation and hearing, impose conditions of practice or impose any other appropriate penalty on a member, student or firm found guilty of breaching a rule of professional conduct;
(h) to provide for the appointment of an appeal committee with the power to hear appeals or conduct reviews of the decisions of a committee appointed under clause (a) or subclause (g) (ii), and to confirm, cancel or vary the decisions or to refer them back to the particular committee for reconsideration;
(i) to provide for mandatory professional liability insurance to be carried by members and firms in accordance with the prescribed terms and conditions;
(j) to prescribe fees payable to the Institute;
(k) to provide for the receipt, management and in-vestment of contributions, donations and bequests from members and others for benevolent and charitable purposes;
(l) to provide for affiliation with a university or college or with a corporation or association with similar or related objects.
Same
(2)A by-law or an amendment to a by-law takes effect when passed by the council, but its continuance is subject to approval by the members of the Institute at their next annual meeting or at an earlier general meeting called to consider the by-law or amendment; the by-law or amendment shall not continue in effect unless approved by the members.
(7)Section 11 of the Act is repealed and the following substituted:
Honorary members
11.(1)The members of the Institute who are present at a meeting may, by unanimous vote, elect a person to honorary membership in the Institute.
Same
(2)Honorary membership does not entitle a person to vote at meetings of members or to be elected to the council.
(8)Section 12 of the Act is repealed and the following substituted:
Designation
12.(1)A member of the Institute has the right to use the designation “Chartered Accountant”.
Initials
(2)A Fellow of the Institute has the right to use the initials “F.C.A.” after his or her name, and an Associate of the Institute has the right to use the initials “A.C.A.” or “C.A.” after his or her name.
(9)Subsections 13 (1), (2), (3) and (4) of the Act are repealed and the following substituted:
Prohibitions
(1)No person who is not a member of the Institute shall,
(a) take or use the designation “Chartered Accountant” or the initials “F.C.A.”, “A.C.A.” or “C.A.”, alone or in combination with other words;
(b) take or use any other name, title, initials or description implying that the person is a chartered accountant;
(c) hold themselves out as a chartered accountant; or
(d) practise as and under the name of a chartered accountant.
(10)Section 15 of the Act is repealed and the following substituted:
Register
15.The registrar of the Institute shall keep a register listing firms as well as members and students of the Institute.
Compensation for Victims of Crime Act
4.(1)Section 6 of the Compensation for Victims of Crime Act is repealed and the following substituted:
Limitation period for application
6.An application for compensation shall be made within two years after the date of the injury or death but the Board, before or after the expiry of the two-year period, may extend the time for the further period it considers warranted.
(2)Subsection 9 (1) of the Act is repealed and the following substituted:
Notice of hearing
(1)When an application is referred under section 8 the Board shall fix a date, time and place for the hearing of the application and shall, at least 10 days before the hearing date, have notice of the date, time and place served on,
(a) the applicant;
(b) the Minister;
(c) the offender, if it is practicable to serve him or her; and
(d) any other person who appears to the Board to have an interest in the application.
(3)Section 14 of the Act is repealed and the following substituted:
Interim compensation