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A legislative and policy newsletter
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Highlights for May 2010

  1. Governance and Administration: Legislative Assembly; Regulations Filed; Proclamations; Applications to Provincial Parliament – Private Bills; Long-Standing Service Awards.
  2. Finance and Taxation: Harmonized Sales Tax; 2010 Proportions of Enrolment for purposes of Education Act.
  3. Planning and Development: Review of the Provincial Policy Statement; Open for Business – MNR; Regulations Pertaining to Bridges; Greenbelt Plan Performance Monitoring; Regulations; Official Plan Notices; Building Code.
  4. Services to People: HST – Residential Tenancies Act, 2006; Amending Transfer Order; Long-Term Care Homes; Smoke-Free Ontario Act.
  5. Environment – Water: Proposed Water Opportunities and Water Conservation Act, 2010; Proposed Federal Wastewater Systems Effluent Regulations; Regulations.
  6. Environment – Other: Port of Prescott; Conservation Land; Regulations.
  7. Energy: Energy Conservation; Energy Efficiency Requirements; Environmental Review Tribunal; Renewable Energy Approvals; King Township Generating Facility; Wind Power; Electric Vehicles.

Governance and Administration

Legislative Assembly. The 2nd Session of the 39th Parliament adjourned on June 3 and is scheduled to resume on September 13. There are a number of recent updates relating to bills which may be of interest to the municipal sector:

  • Government Bills

Private Bills

For a more complete list of current bills which may be of interest to the municipal sector, see Selected Bills.

Regulations published. A number of regulations which may be of interest to the municipal sector were filed in May:

    • NEW button small - English O.Reg. 189/10, filed May 28 under the Planning Act, amending O.Reg. 525/97 (Exemption from Approval (Official Plan Amendments));
    • NEW button small - English O.Reg. 188/10 (Delegation of Authority – Township of Seguin), a new regulation filed May 28 under the Planning Act;
    • NEW button small - English O.Reg. 187/10, filed May 28 under the Planning Act, amending O.Reg. 525/97 (Exemption from Approval (Official Plan Amendments));
    • NEW button small - English O.Reg. 175/10, filed May 17 under the Long-Term Care Homes Act, 2007, amending O.Reg. 79/10 (General);
    • O.Reg. 160/10, filed May 06 under the Environmental Bill of Rights, 1993, amending O.Reg. 681/94 (Classification of Proposals for Instruments);
    • O.Reg. 159/10 filed May 06 under the Environmental Bill of Rights, 1993, amending O.Reg. 73/94 (General);
    • O.Reg. 158/10 filed May 3 under the Ontario Heritage Act, revoking various regulations;
    • O.Reg. 157/10 (Public Bodies - Part III.1 of the Act), a new regulation filed May 3 under the Ontario Heritage Act.

Some of these regulations are also listed under various headings below. For a list of regulations filed in 2010 which may be of interest to the municipal sector, see Selected Regulations.

Proclamations:

Applications to Provincial Parliament — Private Bills

    • UPDATED button - English Application on behalf of The Sisters of St. Joseph of the Diocese of Peterborough for an Act exempting 1555 Monaghan Road, Peterborough, ON from taxes for municipal and school purposes. (See Ontario Gazette, May 1, May 8, May 15 and May 22, 2010).

Long-Standing Service Awards. Several elected municipal officials have recently received awards for 25 years of service. See Newsroom on the MMAH website for more information.

  1. Finance and Taxation

  • NEW button small - English Harmonized Sales Tax. Summary of Proposal: Amendments to Ontario Regulation 1012, Definitions, Exemptions and Rebates, made under the Retail Sales Tax Act, are proposed in respect of the wind-down of the Retail Sales Tax (RST) and the transition to the Harmonized Sales Tax (HST) effective July 1, 2010.. See Regulations under the Retail Sales Tax Act on the Regulatory Registry for more information; comments due date: June 25, 2010.

The HST Welcome page on the Municipal Finance Officers' Association (MFOA) website may also be of interest.

  • NEW button small - English 2010 Proportions of Enrolment for purposes of Education Act. See “2010 Proportions of Enrolment for purposes of Education Act, subsections 238(2) and 257.8(3)” in the Ontario Gazette, May 29, 2010.

  1. Planning and Development

  • NEW button small - English Review of the Provincial Policy Statement. The Province is undertaking a review of the Provincial Policy Statement, 2005 (PPS) to determine the need for revisions. For more information, see Provincial Policy Statement: Five-Year Review on the MMAH website. See also Policy Proposal Notice 010-9766 on the Environmental Registry; submissions may be made between May 12, 2010 and August 31, 2010.

  • NEW button small - English Open for Business - MNR. Act Proposal Notice – Title: Amendments to Four Statutes Administered by the Ministry of Natural Resources to Support Government’s Open for Business Bill – Submissions may be made between May 19, 2010 and July 05, 2010. See Act Proposal Notice 010-9907 on the Environmental Registry.

  • NEW button small - English Regulations Pertaining to Bridges. Summary of Proposal: The Ministry of Transportation (MTO) is proposing to amend Regulation 104/97 under the Public Transportation and Highway Improvement Act and remove the requirements for the use of certain manuals and standards that do not affect public safety. See Amendments to regulations pertaining to bridges on the Regulatory Registry; comments due date: July 20, 2010.

  • Greenbelt Plan. Policy Proposal Notice – Title: Greenbelt Plan Draft Performance Monitoring Framework Discussion Paper – Submissions may be made between April 13, 2010 and June 14, 2010. See Policy Proposal Notice 010-9407 on the Environmental Registry.

  • Regulations:
    • NEW button small - English O.Reg. 189/10, filed May 28 under the Planning Act, amending O.Reg. 525/97 (Exemption from Approval (Official Plan Amendments));
    • NEW button small - English O.Reg. 188/10 (Delegation of Authority – Township of Seguin), a new regulation filed May 28 under the Planning Act;
    • NEW button small - English O.Reg. 187/10, filed May 28 under the Planning Act, amending O.Reg. 525/97 (Exemption from Approval (Official Plan Amendments));
    • O.Reg. 158/10, filed May 3 under the Ontario Heritage Act, revoking various regulations;
    • O.Reg. 157/10 (Public Bodies - Part III.1 of the Act), a new regulation filed May 3, made under the Ontario Heritage Act.
    • NEW button small - English See also
    • “Proposed regulation to prescribe an undertaking that relates to energy” under Energy below;
    • “Port of Prescott” under Environment-Other below.

  • Official Plan Notices. The following notices have been posted on the Environmental Registry:
    • Instrument Decision Notice – Proponent: City of Barrie – Instrument Type: Approval of an Official Plan. See Instrument Decision Notice 010-7838 on the Environmental Registry.
    • NEW button small - English Instrument Proposal Notice – Proponent: Sudbury East Planning Board – Instrument Type: Approval of an Official Plan – Comment period for this proposal is now over. See Instrument Proposal Notice 010-9988 on the Environmental Registry.
    • Instrument Proposal Notice – Proponent: Haldimand County – Instrument Type: Approval of an Official Plan – Comment period for this proposal is now over. See Instrument Proposal Notice 010-9738 on the Environmental Registry.
    • Instrument Proposal Notice – Proponent: Township of Mulmur – Instrument Type: Approval of an Official Plan – Comment period for this proposal is now over. See Instrument Proposal Notice 010-9637 on the Environmental Registry.

  • Building Code:
    • Regulation Proposal Notice – Title: Proposed amendments to the Building Code (O. Reg. 350/06) respecting on-site sewage maintenance inspection programs – Comment period for this proposal is now over. See Regulation Proposal Notice 010-9557 on the Environmental Registry;
    • Rulings authorizing the use of innovative materials, systems or building designs evaluated by the Canadian Construction Materials Centre – see “Building Code Act, 1992” in The Ontario Gazette, May 1, 2010.

  1. Services to People (Social Services, Housing and Health)

  • UPDATED button - English HST – Residential Tenancies Act, 2006. Summary of proposal: To amend General Regulation O. Reg. 516/06 under the Residential Tenancies Act, 2006 in order to exclude the Harmonized Sales Tax from eligible utility costs with respect to applications for rent increases above the guideline. See Regulations under the Residential Tenancies Act, 2006 on the Regulatory Registry; comment due date: May 27, 2010.

  • NEW button small - English Amending Transfer Order, Social Housing Reform Act, 2000. See “Ministry of Municipal Affairs and Housing” in The Ontario Gazette, May 22, 2010.

See also O.Reg. 175/10, filed May 17 under the Long-Term Care Homes Act, 2007, amending O.Reg. 79/10 (General).

  • Smoke-Free Ontario Act. Summary of proposal: The Legislature is currently considering amendments to the Smoke-Free Ontario Act that, if passed, would remove the definition of cigarillo from the Act and give statutory authority to define cigarillo through regulation. The Ministry of Health Promotion is undertaking consultation on potential amendments to Regulation 48/06 in the event that the proposed statutory amendments are passed and received Royal Assent. See Proposed Amendment to Ontario Regulation 48/06 under the Smoke-Free Ontario Act on the Regulatory Registry; comments due date: May 29, 2010.

  1. Environment – Water

  • NEW button small - English Bill 72, Water Opportunities and Water Conservation Act, 2010. Bill 72 received first reading on May 18, 2010. See Bill 72 on the Legislative Assembly of Ontario website, and the Water Opportunities page on Ministry of the Environment website. See also Water Opportunities Act, 2010 Gets First Reading on the MFOA website, the March 18 Policy Update on the AMO website, and the Act Proposal Notice 010-9940 on the Environmental Registry (submissions may be made between May 18, 2010 and July 17, 2010)

  • NEW button small - English Proposed Federal Wastewater Systems Effluent Regulations. The federal Department of the Environment has proposed wastewater systems effluent regulations under the Fisheries Act. For more information, see page 480 of the March 20, 2010 issue of the Canada Gazette; see also the May 20 Policy Update on the AMO site.

  • Regulations:
    • O.Reg. 160/10, filed May 06, made under the Environmental Bill of Rights, 1993, amending O.Reg. 681/94 (Classification of Proposals for Instruments);
    • O.Reg. 159/10, filed May 06, made under the Environmental Bill of Rights, 1993, amending O.Reg. 73/94 (General);

For more information, see Regulation Decision Notice 010-8535 on the Environmental Registry.

  1. Environment – Other

  • (New) Port of Prescott. Regulation Proposal Notice – Title: Order to declare that the Environmental Assessment Act (EAA) does not apply to the planning and construction the Port of Prescott Expansion, Rehabilitation and Future Development Area – Submissions may be made between June 02, 2010 and July 17, 2010. See Regulation Proposal Notice 011-0078 on the Environmental Registry.

  • Conservation Land. Policy Proposal Notice – Title: Conservation Land Tax Incentive Program and Community Conservation Lands Guide – Comment period for this proposal is now over. See Policy Proposal Notice 010-9840 on the Environmental Registry.

  1. Energy

  • NEW button small - English Energy Conservation. Environmental Commissioner of Ontario Gord Miller presented Volume One of his Annual Energy Conservation Progress Report – 2009, in May. For more information, see Energy Conservation on the ECO website.

  • Energy Efficiency Requirements. Regulation Proposal Notice – Title: Proposal to make a regulation under the Green Energy Act to amend O. Reg. 82/95 – Comment period for this proposal is now over. See Regulation Proposal Notice 010-9765 on the Environmental Registry. See also the April 22 press releases Helping Ontario Families Conserve Water on the Ministry of the Environment website.

  • NEW button small - English Renewable Energy Approvals, Environmental Review Tribunal Information Notice – Title: The Environmental Review Tribunal, Environment and Land Tribunals Ontario, is seeking comments on its revised Rules of Practice and a new “Guide” regarding appeals by members of the public of renewable energy approvals. The purpose of this posting is to provide notice to the public regarding the availability of these documents on May 14, 2010 and opportunity to comment on them by June 14, 2010. See Information Notice 011-0013 on the Environmental Registry.

  • Renewable Energy Approvals, Technical Guidance. Policy Proposal Notice – Title: Renewable Energy Approval Technical Guidance Bulletins –. See Policy Proposal Notice 010-9235 on the Environmental Registry. For more information, see Ontario's Renewable Energy Initiative on the Ministry of the Environment website.

  • NEW button small - English King Township Generating Facility. Regulation Proposal Notice – Title: Proposed Lieutenant Governor in Council (LGIC) regulation made under the Planning Act to prescribe an undertaking that relates to energy – submissions may be made between May 28, 2010 and July 12, 2010. See Regulation Proposal Notice 011-0037 on the Environmental Registry.

  • NEW button small - English Wind Power. “Chief Medical Officer of Health Releases Review of Potential Health Impact of Wind Turbines”: See the May 27 Policy Update on the AMO website.

See also the Policy Proposal Notice – Title: Bats and Bat Habitats: Guidelines for Wind Power Projects (2010). See Policy Proposal Notice 010-9521 on the Environmental Registry; the comment period for this proposal is now over.

  • Electric vehicles. Information Notice – Title: Amendment to the High Occupancy Vehicle (HOV) regulation (O.R. 620-05) to permit single-occupant electric vehicle access to HOV lanes for a period of five years. See “HOV lane access for electric vehicles” on the Regulatory Registry (Comment due date: June 6, 2010). See also Information Notice 010-9750 on the EBR Registry.