collections.ola.org · ORDER: ATTENDANCE: MINUTES OF PROCEEDINGS STANDING COMMITTEE ON GENERAL GOVERNMENT MEETING NUMBER 26 WEDNESDAY, APRIL 22, 2009 ROOM 151, QUEEN'S PARK The Committee

ORDER:

ATTENDANCE:

MINUTES OF PROCEEDINGS

STANDING COMMITTEE ON GENERAL GOVERNMENT

MEETING NUMBER 26

WEDNESDAY, APRIL 22, 2009

ROOM 151, QUEEN'S PARK

The Committee met at 4:02 p.m. this day, the Chair, Mr. Orazietti, presiding.

Members of the Committee present: Linda Jeffrey, MPP (until 6:00 p.m.); Kuldip Kular, MPP; David Orazietti, MPP.

Substitutions present: Laurel Broten, MPP for Kuldip Kular, MPP (until 6:00 p.m.); Laurel Broten, MPP for Linda Jeffrey, MPP (from 6:00 p.m.); Bob Delaney, MPP for Bill Mauro, MPP; Phil McNeely, MPP for Jim Brownell, MPP; Peter Tabuns, MPP for Rosario Marchese, MPP; John Yakabuski, MPP for Joyce Savoline, MPP.

Witnesses: From the Toronto Environmental Alliance: Franz Hartmann, Executive Director.

From the Canadian Federation of Independent Business: Judith Andrew, Vice-President; Satinder Chera, Director.

From the Ontario Real Estate Association: Pauline Aunger, President; Jim Flood, Director, Government Relations.

From the Consumers Council of Canada: Bill Huzar, President; Robert Warren, Legal Counsel.

From Enbridge Gas Distribution: Debbie Boukydis, Director, Public Government and Aboriginal Affairs; Trevor MacLean, Director, Market Development.

From the Law Society of Upper Canada: Derry Millar, Treasurer.

Robert McMurtry.

From the Association of Major Power Consumers in Ontario: Adam White, Consultant.

From the Agri-Energy Producers Association of Ontario: Nicole Foss, Executive Coordinator.

From the City of Mississauga: Mary Ellen Bench, Solicitor.

From the Sununerhill Group: Ms. Thorson, Representative.

From the Federation of Rental-housing Providers of Ontario: Mike Chopowick, Manager, Policy.

From the Social Investment Organization: Eugene Elhnen, Executive Director.

From Sustainable Buildings Canada: Bob Bach, Director.

From the Pembina Institute, Toronto Branch: Cherise Burda, Policy Director.

From the Association of Power Producers of Ontario: David Butters, President and Chief Executive Officer.

In Attendance: Jerry Richmond, Legislative Research.

PROCEEDINGS:


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The Committee met pursuant to its Orders of Reference dated Wednesday, March 11,2009 and Thursday, April 2, 2009, to resume consideration of Bill 150, An Act to enact the Green Energy Act, 2009 and to build a green economy, to repeal the Energy Conservation Leadership Act, 2006 and the Energy Efficiency Act and to amend other statutes.

The witness, Mr. Hartmann, made a statement and answered questions.

The witnesses, Ms. Andrew and Mr. Chera, made statements and Ms. Andrew answered questions.

The witness, Ms. Aunger, made a statement and, with Mr. Flood, answered questions.

The witness, Mr. Huzar, made a statement and, with Mr. Warren, answered questions.

The witnesses, Ms. Boukydis and Mr. MacLean, made statements and answered questions.

The witness, Mr. Millar, made a statement and answered questions.

The witness, Dr. McMurtry, made a statement and answered questions.

The witness, Mr. White, made a statement and answered questions.

At 5:52 p.m., the Committee recessed until 7:00 p.m.

The witness, Ms. Foss, made a statement and answered questions.

The witness, Ms. Bench, made a statement and answered questions.

The witness, Ms. Thorson, made a statement and answered questions.

The witness, Mr. Chopowick, made a statement and answered questions.

The witness, Mr. Ellmen, made a statement and answered questions.

The witness, Mr. Bach, made a statement and answered questions.

The witness, Ms. Burda, made a statement and answered questions.

The witness, Mr. Butters, made a statement and answered questions.

The following documents were filed with the Clerk of the Committee as Exhibits:

EXHIBIT NO. 1107/320 TORONTO ENVIRONMENTAL ALLIANCESubmission dated April 22, 2009.


EXHIBIT NO. 1/07/321

EXHIBIT NO. 1/07/322A

EXHIBIT NO. 1/07/322B











EXHIBIT NO. 1I07/332A

EXHIBIT NO. 1I07/332B

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CANADIAN FEDERATION OF INDEPENDENT BUSINESS - Submission package containing a document entitled "Small Business and Electricity"; a document entitled "Watchwords for Restructuring Electricity in Ontario: Caution, Transparency and Accountability"; a letter dated March 29, 2005, a document entitled "Achieving Eco-prosperity SMEs' perspectives on the environment"; a document entitled "Power Struggle: Survey results on impacts of the August 14 power failure in Ontario"; a document entitled "No time to Panic! Stick with Small Business"; a document entitled "Ontario Summary"; and a document entitled "Results of March 2009 Survey on SME Business Expectations."

ONTARIO REAL ESTATE ASSOCIATION Submission.

ONTARIO REAL ESTATE ASSOCIATION -Submission dated April 22, 2009.

CONSUMERS COUNCIL OF CANADA -Submission dated April 22, 2009.

ENBRIDGE GAS DISTRIBUTION Submission dated April 22, 2009.

LAW SOCIETY OF UPPER CANADA -Submission dated April 22, 2009.

ROBERT MCMURTRY - Submission.

AGRI-ENERGY PRODUCERS ASSOCIATION OF ONTARIO - Submission.

CITY OF MISSISSAUGA - Submission dated April 8, 2009.

CITY OF MISSISSAUGA - Submission entitled "Strategic Plan: Our Future Mississauga."

SUMMERHILL GROUP - Submission.

FEDERATION OF RENTAL-HOUSING PROVIDERS OF ONTARIO - Submission entitled "Rental Housing: Green and Getting Greener" dated April 22, 2009.

SOCIAL INVESTMENT ORGANIZATION -Submission dated April 22, 2009.

SUSTAINABLE BUILDINGS CANADA -Submission.

SUSTAINABLE BUILDINGS CANADA -Submission entitled "Energy Efficiency and Environmental Performance in the Ontario Building Code" dated April 22, 2009.







EXHIBIT NO. 1/07/335C














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PEMBINA INSITUTE, TORONTO BRANCH -Submission dated April 21, 2009.

ASSOCIATION OF POWER PRODUCERS OF ONTARIO - Submission dated April 22, 2009.

ASSOCIATION OF POWER PRODUCERS OF ONTARIO - Submission entitled "The Green Energy Act: A closer look."

LEGISLATIVE RESEARCH SERVICE Interim Summary of Recommendations dated April 22, 2009.

LEGISLATIVE RESEARCH SERVICE Document entitled "Member organizations of Wind Concerns Ontario (WCO)" dated April 22, 2009.

LEGISLATIVE RESEARCH SERVICE Document entitled "Capacity-Building for Community Power Projects of Renewable Energy and Conservation in French and Germany" dated April 22, 2009.

GRANT CHURCH - Written submission entitled "Wind Turbine Syndrome" dated March 7, 2009.

GRANT CHURCH - Written submission.

ONTARIO WATER WORKS ASSOCIATIONWritten submission.

DOUG PREST - Written submission.

DON CHISHOLM - Written submission.

ROSEMARIE MORRIS - Written submission.

DEBORAH BAUMGARTEN Written submission.

KEITH STELLING - Written submission.

DARLENE BUCKINGHAM submission.

FRASER AND COMPANY submission dated April 14, 2009.

Written

Written

CANADIAN PETROLEUM PRODUCTS INSTITUTE - Written submission dated April 14, 2009.

CLEAN AFFORDABLE ENERGY ALLIANCE - Written submission dated April 13,2009.

SCOTT ROUSE - Written submission.






EXHIBIT NO. 1/071352







EXHIBIT NO. 11071359







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TRANSFORMA TIVE TECHNOLOGIES Written submission entitled "Consideration of energy storage technologies within the Green Energy Act" dated April 16, 2009.

VARIOUS INDIVIDUALS Written submission, 12 copies of form letter entitled "Wind development in the East Lake Huron Area" dated April 17, 2009.

DORIS LANE - Written submission entitled "Submission to Declare Prince Edward County A Turbine Free Zone."

THE GREEN ALTERNATIVE PLAN -Written submission dated April 17, 2009.

TOWNSHIP OF AMARANTH AND TOWNSHIP OF EAST GARAFRAXA -Written submission dated April 17, 2009.

THE CORPORATION OF THE UNITED TOWNSHIPS OF HEAD, CLARA AND MARIA - Written submission.

FRED HAA VISTO - Written submission.

ENWAVE ENERGY CORPORATION Written submission dated April 20, 2009.

INTERNATIONAL INSTITUTE OF CONCERN FOR PUBLIC HEALTH - Written submission.

T. P. BYRNE - Written submission dated April 16, 2009.

TOWNSHIP OF BROOKE-AL VINSTON -Written submission dated Apri116, 2009.

BOKER'S ORGANIC FARMS - Written submission dated April 15, 2009.

DOROTHY LEROY Written submission dated April 20, 2009.

PETER NELSON - Written submission dated April 20, 2009.

TOWN OF AJAX - Written submission dated April 21, 2009.

CANADIAN CONDOMINIUM INSTITUTE TORONTO AND AREA CHAPTER - Written submission dated April 21, 2009.

CANADIAN HYDRO COMPONENTS LTD. -Written submission dated April 21, 2009.

MARY AND HENNY V AN DOORN - Written submission dated April 21, 2009.





















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TOWNSHIP OF CARLING Written submission dated April 21, 2009.

SHELIA LEROY - Written submission dated April 20, 2009.

HARVEY LEROY, JEFF LEROY, RALPH LEROY AND SHAWN WYLIE - Written submission dated April 20, 2009.

TOWN OF CALEDON - Written submission dated April 21 ,2009.

SAVE THE TORONTO BLUFFS - Written submission dated April 19,2009.

GORD KIRKWOOD - Written submission dated April 19, 2009.

VARIOUS INDIVIDUALS Written submission, 6 copies of form letter dated April 20, 2009.

ERIC DICKINSON, GORD HARSELL AND DENNIS ZEZULA - Written submission.

EDWARD BEGGS - Written submission entitled "Combined Heat and Power (CHP) Systems in the Ontario Green Energy Act Feed-In Tariff."

WIND CONCERNS ONTARIO - Written submission.

ASSOCIATION OF MUNICIPALITIES OF ONTARIO - Written submission entitled "Member Communication" dated April 9, 2009.

RUSTY FARM INC. - Written submission dated April 21, 2009.

THE CORPORATION OF THE COUNTY OF PRINCE EDWARD - Written submission dated April 21, 2009.

ANNA LAM - Written submission dated April 18, 2009.

FIONA ANDERSON - Written submission dated April 20, 2009.

BRETT HORNER - Written submission.

BRUCE WHITTEN - Written submission.

JOHN HARRISON - Written submission entitled "The Noise Problem."

CANADIAN ASSOCIATION OF PHYSICIANS FOR THE ENVIRONMENT Written submission.


























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LORRIE GILLIS - Written submission.

BONNIE ASHCROFT - Written submission.

ROB DALES - Written submission.

DAVID ANDERSON - Written submission.

ELIZABETH HARRISON - Written submission.

TREES FOR MAPLETON - Written submission.

TED ZUEBRIGG - Written submission.

CARRIE LESTER - Written submission dated April 17,2009.

DON ROSS - Written submission.

MADAN CHAWLA - Written submission.

HELIX SYNERGY INC. - Written submission entitled "Communities as Conduits for Investment and Centres of Good Planning."

WORLD ALLIANCE FOR DECENTRALIZED ENERGY Written submission dated April 20, 2009.

CARMEN KROGH - Written submission dated April 20, 2009.

THE ARCHITECTURAL CONSERVANCY OF ONTARIO Written submission dated April 21, 2009.

ONTARIO ASSOCIATION OF ARCHITECS -Written submission dated April 22, 2009.

MARGARET MALONEY - Written submission.

GREEN ENERGY TIMISKAMING INITIATIVE -April 21, 2009.

Written submission dated

DEREC DAVIES - Written submission dated April 21, 2009.

STEPHANA JOHNSTON - Written submission dated April 20, 2009.

MINNA METTINEN-KEKALAINEN - Written submission.

CRAIG NEIL - Written submission.

LINDA ROBERTS - Written submission.

CHRIS SNYDER - Written submission.

JENNA ROSS - Written submission.

ADJOURNMENT:











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ROB PRICE - Written submission.

ISABELLE WAGNER - Written submission.

JOINT LOW-INCOME REPRESENTATIVES -Written submission.

JOHN AND DONNA EACOTT - Written submission.

CAROL, MICHAEL, BEN AND BECKY COOKE - Written submission.

PAM LAFORGE - Written submission.

CHURCHILL COMMUNITY ASSOCIATIONWritten submission.

ENERDU POWER SYSTEMS LTD. - Written submission dated April 20, 2009.

TARA BONIN Written submission.

At 8:53 p.m., the Committee adjourned until 2:00 p.m. on Monday, April 27, 2009.

C1 Clerk of the Committee.

ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 27

MONDAY, APRIL 27, 2009

ROOM NO. 151, QUEEN'S PARK

The Committee met at 2: 17 p.m. this day, the Chair, Mr. Orazietti, presiding.

Members of the Committee present: Bob Bailey, MPP; Linda Jeffrey, MPP; Kuldip Kular, MPP; Bill Mauro, MPP (from 3:00 p.m.); Carol Mitchell, MPP; David Orazietti, MPP.

Substitutions present: Laurel Broten, MPP for Jim Brownell, MPP; Lou Rinaldi, MPP for Bill Mauro, MPP (2:00 p.m. to 3:00 p.m.); Peter Tabuns, MPP for Rosario Marchese, MPP; John Yakabuski, MPP for Joyce Savoline, MPP.

In Attendance: Albert Nigro, Legislative Counsel.

The Committee met pursuant to its Order of Reference dated Wednesday, March 11, 2009 to resume consideration of Bill 150, An Act to enact the Green Energy Act, 2009 and to build a green economy, to repeal the Energy Conservation Leadership Act, 2006 and the Energy Efficiency Act and to amend other statutes.

The Committee commenced clause-by-clause consideration of Bill 150.

By unanimous consent, the Committee agreed to postpone consideration of sections 1, 2, and 3 until consideration of the schedules had been completed.

On schedule A, section 1:

Mr. Tabuns moved, - That subsection 1 (1) of the Green Energy Act, 2009, as set out in Schedule A to the Bill, be amended by adding the following definitions:

"green energy" means energy derived from a renewable energy source or from a generation facility that is a high efficiency heat and power facility;

"high efficiency heat and power facility" means a generation facility that uses high efficiency technology to produce power and thermal energy from a single source and that achieves a minimum average efficiency of 6,000 British thermal units per kilowatt hour but does not include a generation facility that uses garbage or refuse-derived fuel;

After debate, the question being put on the motion, it was lost on the following division:

Mr. Tabuns

Mr. Bailey Mrs. Jeffrey Mrs. Mitchell Mr. Yakabuski

AYES

NAYS

Ms. Broten Mr. Kular Mr. Rinaldi

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Ms. Broten moved, - That subsection I (I) of the Green Energy Act, 2009, as set out in Schedule A to the Bill, be amended by adding the following definitions:

"distribution system" has the same meaning as in the Electricity Act, 1998; ("F")

"renewable energy testing facility" means devices or structures to be used to gather information about natural conditions at the location of the structures or devices and related infrastructure and that meet such criteria as may be prescribed by the regulations; ("F")

"renewable energy testing project" means the construction, installation, use, operation, changing or retiring of a renewable energy testing facility; ("F")

''transmission system" has the same meaning as in the Electricity Act, 1998. ("F'')

After debate, the question being put on the motion, it was carried.

Mr. Tabuns moved, - That subsection I (I) of the Green Energy Act, 2009, as set out in Schedule A to the Bill, be amended by striking out the defmition of "renewable energy source" and substituting the following:

"renewable energy source" means an energy source that is renewed by natural processes and includes wind, water, biomass, biogas, biofuel, solar energy, geothermal energy, tidal forces and such other energy sources as may be prescribed by the regulations, but does not include incineration of synthetic gas from municipal solid waste; ("source d' energie renouvelable")


Mr. Tabuns

Mr. Bailey Mrs. Jeffrey Mrs. Mitchell Mr. Yakabuski

AYES

NAYS

Ms. Broten Mr.Kular Mr. Rinaldi

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Ms. Broten moved, - That the definition of "technologies" in subsection I (I) of the Green Energy Act, 2009, as set out in Schedule A to the Bill, be struck out.


Schedule A, section I, as amended, carried.

On schedule A, section 1.1:

Ms. Broten moved, - That the Green Energy Act, 2009, as set out in Schedule A to the Bill, be amended by adding the following section:

1.1 This Act shall be administered in a marmer that promotes community consultation.




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Mr. Yakabuski moved, - That section 2 of the Green Energy Act, 2009, as set out in Schedule A to the Bill, be amended,

(a) by striking out "or to lease, for a term in excess of the prescribed period," in the portion before clause (a) in subsection (1); and

(b) by striking out "or to lease" at the end of subsection (3).

After debate, the question being put on the motion, it was lost.

Ms. Broten moved, - That section 2 of the Green Energy Act, 2009, as set out in Schedule A to the Bill, be struck out and the following substituted:

2. (1) A person making an offer to purchase an interest in real property has the right to receive from the person offering to sell the property such information, reports or ratings as are prescribed,

(a) relating to energy consumption and efficiency with respect to a prescribed residence on the property or a class of prescribed residences on the property; and

(b) in such circumstances and at such times as are prescribed and in such manner as is prescribed.

(2) The person offering to sell the property shall, in accordance with subsection (1), provide the information, reports or ratings to the person making the offer to purchase before accepting that person's offer.

(3) Subsections (1) and (2) do not apply where the person making the offer waives, in writing, the provision and receipt of the information, reports or ratings.

(4) A person acting as an agent on behalf of the person offering to sell shall inform that person promptly of any request for the information, reports or ratings.

(5) Subsection (5) applies only to agents acting for or in anticipation of receiving valuable consideration with respect to the offer to sell.

(6) In this section, the obligation to provide information, reports or ratings is satisfied where the person offering to sell makes the information, reports or ratings reasonably available to the person making the offer to purchase.


After debate, the question being put on schedule A, section 2, as amended, it was carried.


Mr. Yakabuski moved, - That section 3 of the Green Energy Act, as set out in Schedule A to the Bill, be amended by adding the following subsection:

(5) Despite subsection (4), the Lieutenant Governor in Council may, by regulation, designate goods, services and technologies in order to promote energy conservation in respect of rental housing despite a restriction imposed by an Act or regulation, including a restriction imposed under the Residential Tenancies Act, 2006.


AYES

Mr. Bailey Mr. Yakabuski -2



Schedule A, section 3, carried.


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NAYS

Mrs. Jeffrey Mrs. Mitchell Mr. Tabuns

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Mrs. Mitchell moved, - That section 4 of the Green Energy Act, 2009, as set out in Schedule A to the Bill, be amended,

(a) by striking out "or renewable energy sources" in the portion of subsection (l) before paragraph I and substituting "renewable energy sources or renewable energy testing projects";

(b) by striking out "permitted to undertake" in subsection (2) and substituting "permitted to engage in";

(c) by striking out "or a designated renewable energy source" in subsection (2) and substituting "a designated renewable energy source or a designated renewable energy testing project"; and

(d) by striking out "or a designated renewable energy source" in subsection (3) and substituting "a designated renewable energy source or a designated renewable energy testing project".


Mr. Tabuns moved, - That section 4 of the Green Energy Act, 2009, as set out in Schedule A to the Bill, be amended by adding the following subsection:

(5) Subsections (2) and (3) do not apply with respect to a restriction imposed under the development permit system established under the Niagara Escarpment Planning and Development Act.


Mr. Bailey Mr. Yakabuski


AYES

NAYS

Mr. Tabuns

Mrs. Jeffrey Mrs. Mitchell

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Mr. Yakabuski moved, - That section 4 of the Green Energy Act, 2009, as set out in Schedule A to the Bill, be amended by adding the following subsection:

(5) For greater certainty, subsections (2) and (3) do not apply with respect to a restriction imposed by an Act or regulation or by an instrument for the protection of fish or wildlife.


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Mr. Bailey


AYES

NAYS

Mr. Yakabuski

Mrs. Jeffrey Mrs. Mitchell Mr. Tabuns

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Mr. Tabuns moved, - That section 4 of the Green Energy Act, 2009, as set out in schedule A to the Bill, be amended by adding the following subsection:

(6) Subsections (2) and (3) do not apply to lands in Ontario designated as biosphere reserves.


Mr. Tabuns


AYES

NAYS

Schedule A, section 4, as amended, carried.



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Mr. Tabuns moved, - That the Green Energy Act, 2009, as set out in Schedule A to the Bill, be amended by adding the following section:

4.1 (1) Subsection 112(1) of the Condominium Act, 1998 does not apply to the following types of agreements:

1. Loans to a condominium corporation or to whomever the condominium corporation has directed that have been fully advanced and that facilitate and promote environmentally friendly and energy efficient projects or that promote the development of renewable energy sources for new or existing condominiums.

2. Agreements, easements or leases involving the development of green energy systems for a condominium corporation, including the provision of equipment, labour, materials, supplies and services with respect to a green energy system, that are entered into by a condominium corporation.

3. Agreements entered into by a condominium corporation pursuant to a municipal program to facilitate the development of energy conservation and the use of renewable energy.


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(2) Sections 130, 131 and 134 of the Condominium Act, 1998 apply, with necessary modifications, with respect to the agreements referred to in subsection (1), and any party to such an agreement is deemed to be a person who can make an application under those sections.


Mr. Tabuns



AYES

NAYS


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Mr. Yakabuski moved, - That the Green Energy Act, 2009, as set out in Schedule A to the Bill, be amended by adding the following section:

4.1 (1) Despite section 4, no renewable energy projects or renewable energy sources that involve a renewable energy generation facility that generates electricity from wind shall be designated until after there has been an independent epidemiological study of the health affects of generating electricity from wind.

(2) The independent epidemiological study of the health affects of generating electricity from wind shall be peer reviewed and, without limiting the generality of the study, shall consider safe set backs for renewable energy generation facilities that generate electricity from wind.


Mr. Bailey

Ms. Broten Mr. Kular Mr. Tabuns


AYES

NAYS

Mr. Yakabuski


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Mr. Tabuns moved, - That subsections 5 (1) - (4) of the Green Energy Act, 2009, as set out in Schedule A to the Bill, be struck out and the following substituted:

5. (1) The Lieutenant Governor in Council may, by regulation, require public agencies to prepare an energy conservation, demand management and adoption of renewable energy plan.


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(2) The Lieutenant Governor in Council may, by regulation, require prescribed consumers to prepare an energy conservation, demand management and adoption of renewable energy plan .

(3) The regulations may provide that the plan required under subsection (I) or (2) cover such period as is prescribed and may be required at such intervals as are prescribed and may require that the plan be filed with the Ministry.

(4) The Lieutenant Governor in Council may, by regulation, require a public agency to achieve prescribed targets and meet prescribed energy and environmental standards, including standards for energy conservation, demand management and adoption of renewable energy.


Mr. Bailey Mr. Yakabuski

Ms. Broten Mr. Kular

AYES

NAYS

Mr. Tabuns


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Mr. Yakabuski moved, - That sections 5 of the Green Energy Act, 2009, as set out in Schedule A to the Bill, be amended:

(a) by striking out subsection (2);

(b) by striking out "or (2)" in subsection (3);

(c) by striking out subsection (6); and

(d) by striking out "or prescribed consumer" in subsection (8).


Mr. Bailey



AYES

NAYS

Schedule A, sections 6 to 8 inclusive carried.


Mr. Yakabuski


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Mr. Tabuns moved, - That the Green Energy Act, 2009, as set out in Schedule A to the Bill, be amended by adding the following section:


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8.1 (1) The Minister shall establish a comprehensive financing program and fund one or more entities to accelerate the development of eligible renewable energy projects and energy conservation projects and the resultant benefits to Ontarians regardless of financial market conditions.

(2) The program shall include, but not be limited to, the following functions necessary to ensure the community power sector is successful in Ontario:

I. Soft loans and grants to provide community power projects requiring funding to cover the soft cost of project development work at early stages, including but not limited to pre-feasibility grants, capacity building grants, feasibility loans and project development loans.

2. Capitalization loans to eligible community power projects in order to simplify access to low-cost debt to allow proponents to retain control and ownership of projects.

3. Capacity building support for the community power sector proponents requiring resources to build the financial, technical, social, legal, and organizational templates and practices associated with the facilitation and development of locally-owned communitybased renewable energy and conservation projects.


Mr. Tabuns

Ms. Broten Mr. Mauro


AYES

NAYS


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Mr. Tabuns moved, - That Schedule A of the Bill be amended by adding the following section:

8.2 (I) The Minister shall develop and implement a green bond program within one year after the coming into force of the Green Energy and Green Economy , Act, 2009.

(2) Through the green bond program, the government shall lend its risk rate for the issuance of bonds to raise money for the public and the money raised shall be dispersed as low-cost debt capital for renewable energy projects with preferential pricing and tax credits for seniors and low-income or fixed-income citizens.


Mr. Tabuns

Ms. Broten Mr, Mauro

AYES

NAYS


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Mr. Tabuns moved, - That clause 9 (2) (c) of the Green Energy Act, 2009, as set out in Schedule A to the Bill, be struck out and the following substituted:

(c) specifying such other requirements relating to energy conservation, energy efficiency and the adoption of renewable energy technologies as the Minister considers appropriate.




Mr. Tabuns moved, - That subsection 10 (2) of the Green Energy Act, 2009, as set out in Schedule A to the Bill, be amended by adding the following paragraph:

4. To work with and assist the public in participating in early and ongoing consultation with proponents.



On schedule A, section II:

Mrs. Mitchell moved, - That subsections 11 (2) to (5) of the Green Energy Act, 2009, as set out in Schedule A to the Bill, be struck out and the following substituted:

(2) The Renewable Energy Facilitator, or a person employed in the Renewable Energy Facilitation Office, shall maintain in confidence,

(a) a record or information relating to a renewable energy project of a proponent that has been supplied to the Facilitator by the proponent or that has been obtained by the Facilitator from another institution, person or entity; and

(b) a record or information maintained in the Renewable Energy Facilitation Office that would reveal a record or information relating to a renewable energy project of a proponent that has been supplied to the Facilitator by the proponent or another person or entity.

(3) Despite subsection (2), the Renewable Energy Facilitator, or a person employed in the Renewable Energy Facilitation Office, may disclose a record or information,

(a) where the proponent to whom the record or information relates consents to its disclosure;

(b) where the disclosure is necessary to achieve the objects of the Office;

(c) to counselor to an advisor to the Renewable Energy Facilitation Office;

(d) for the purpose of complying with an Act of the Legislature or an Act of Parliament;

(e) as authorized under the Regulatory Modernization Act, 2007;


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(f) where disclosure is to an institution or a law enforcement agency in Canada to aid a law enforcement investigation; or

(g) where disclosure is further to an order of a tribunal.

(4) A record or information to which subsection (2) applies is deemed, for the purposes of section 17 of the Freedom of Information and Protection of Privacy Act, to have been supplied by the proponent in confidence to the Renewable Energy Facilitation Office.

(5) A record or information to which subsection (2) applies that the Renewable Energy Facilitator or a person employed in the Renewable Energy Facilitation Office supplies to a person employed in the Ministry or to another institution is deemed, for the purposes of section 17 of the Freedom of Information and Protection of Privacy Act, to have been supplied by the proponent in confidence to that person or institution.

(6) In this section,

"institution" has the same meaning as in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.


Mr. Tabuns moved, - That section 11 of the Green Energy Act, 2009, as set out in schedule A to the Bill, be amended by adding the following subsection:

(3.1) Despite subsections (2) and (3) and section 12, the Facilitator shall disclose a record relating to the effects of a renewable energy project on plant life, animal life, human health or safety or the enviromnent.




Mr. Yakabuski moved, - That subsection 12 (1) of the Green Energy Act, 2009, as set out in Schedule A to the Bill, be struck out and the following substituted:

12. (1) The Renewable Energy Facilitator shall preserve the secrecy of information that he or she obtains from or about a proponent of a renewable energy project.


Ms. Broten moved, - That section 12 of the Green Energy Act, 2009, as set out in Schedule A to the Bill, be struck out and the following substituted:

12. Neither the Renewable Energy Facilitator nor any person employed in the Renewable Energy Facilitation Office or the Ministry shall be required to give evidence in a civil proceeding with respect to information obtained in the course of fulfilling the obj ects of the Office.






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Mr. Tabuns moved, - That Part III of the Green Energy Act, 2009, as set out in Schedule A to the Bill, be amended by adding the following section:

13.l (l) The purpose of this Part is to ensure that energy and water efficiency standards are consistent with the highest standards currently in place in North America.

(2) All standards adopted under this Part shall be subject to review no less frequently than every three years.


Mr. Tabuns

Ms. Broten Mr. Kular Mrs. Mitchell


AYES

NAYS

Mrs. Jeffrey Mr. Mauro

After debate, the question being put on schedule A, section 15, it was lost.

After debate, the question being put on schedule A, section 16, it was lost.


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Mrs. Mitchell moved, - That subsection 17 (2) of the Green Energy Act, 2009, as set out in schedule A to the Bill, be amended by adding the following clauses:

(O.a) governing renewable energy testing facilities in relation to,

(i) planning, design, siting, buffer zones, notification and consultation, establishment, insurance, facilities, staffing, operation, maintenance, monitoring, record-keeping and improvement, and

(ii) the discontinuance of the operation of any part of the renewable energy testing facility;

(O.a.l) governing the location of renewable energy testing facilities, including prohibiting or regulating the construction, installation, use, operation or changing of renewable energy testing facilities in parts of Ontario;


Mr. Yakabuski moved, - That section 17 of the Green Energy Act, 2009, as set out in schedule A to the Bill, be amended by adding the following subsection:

(2.1) Regulations made under subsection (2) shall allow for voluntary compliance with the regulation.



Mr. Bailey


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AYES

NAYS


Schedule A, sections 18 to 21 inclusive carried.

The preamble to schedule A carried.

Schedule A, as amended, carried.


Mr. Yakabuski


At 3:54 p.m., the Acting Chair (Mrs. Jeffrey) assumed the chair.

On schedule B, section I:

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Mr. Tabuns moved, - That section I of Schedule B to the bill be amended by adding the following subsection:

(.01) Subsection 2 (1) of the Electricity Act, 1998 is amended by adding the following definitions:

"green energy" means energy derived from a renewable energy source or from a generation facility that is a high efficiency heat and power facility;

"high efficiency heat and power facility" means a generation facility that uses high efficiency technology to produce power and thermal energy from a single source and that achieves a minimum average efficiency of 6,000 British thermal units per kilowatt hour but does not include a generation facility that uses garbage or refuse-derived fuel;

At 3 :55 p.m., the Chair resumed the chair.


Mrs. Mitchell moved, - That the definition of "renewable energy generation facility" in subsection 2 (1) of the Electricity Act, 1998, as set out in subsection I (2) Schedule B to the Bill, be struck out and the following substituted:

"renewable energy generation facility" means a generation facility that generates electricity from a renewable energy source and that meets such criteria as may be prescribed by regulation and includes associated or ancillary equipment, systems and technologies as may be prescribed by regulation, but does not include an associated waste disposal site, unless the site is prescribed by regulation for the purposes of this definition; ("installation de production d'energie renouvelable")


Mr. Tabuns moved, - That subsection 2 (1) of the Electricity Act, 1998, as set out in subsection I (3) of the Schedule B to the Bill, be amended by striking out the definition of "renewable energy source" and substituting the following:


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"renewable energy source" means an energy source that is renewed by natural processes and includes wind, water, biomass, biogas, excluding plasma gasification of municipal solid waste, biofuel, solar energy, geothermal energy, tidal forces and such other energy sources as may be prescribed by the regulations, but does not include incineration of synthetic gas from municipal solid waste; ("source d'energie renouvelable'')


Mr. Yakabuski moved, - That the definition of "renewable energy source" in subsection 2 (1) of the Electricity Act, 1998, as set out in subsection 1 (3) of Schedule B to the Bill, be amended by striking out "an energy source that is renewed by natural processes" and substituting "an energy source that is obtained by burning municipal waste or is renewed by natural processes".


Mrs. Mitchell moved, - That subsection 2 (1) of the Electricity Act, 1998, as amended by subsection 1 (4) of Schedule B to the Bill be amended by adding the following definition:

"waste disposal site" has the same meaning as in section 25 of the Environmental Protection Act. (F)


Schedule B, section 1, as amended, carried.

By unanimous consent, the Committee agreed to postpone consideration of schedule B, section 2, until consideration of Mr. Tabun's amendment to schedule C, section 6, clause 8(1 )(h) of the Ministry of Energy Act, had been completed.

On schedule B, section 3:

Mr. Tabuns moved, - That section 3 of Schedule B to the Bill be struck out and the following substituted:

3. Section 25.11 is repealed and the following substituted:

25.11 (1) An office known in English as the Conservation Bureau and in French as Bureau des economies d'energie shall be established within the OP A to provide leadership in planning and co-ordination of measures for electricity efficiency, conservation and load management in Ontario and to engage in such activities as may be prescribed in the regulations.

(2) The Chief Energy Conservation Officer shall be responsible for directing, managing and supervising the business and affairs of the Conservation Bureau including the planning, implementation and management of electricity conservation and load management activities, projects and programs by the OP A, reporting to the board of directors of the OP A.

(3) The Minister shall appoint the Chief Energy Conservation Officer.

(4) At least 60 days before the beginning of the following fiscal year, the Chief Energy Conservation Officer shall submit a report to the board of directors and the Minister that includes,

(a) the Conservation Bureau's proposals for the following fiscal year regarding steps to be taken,

(i) to promote electricity conservation and load management,


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(ii) to procure reductions in electricity demand and promote management of electricity demand to assist the Government of Ontario in achieving goals in electricity conservation, and

(iii) to facilitate the provision of services relating to energy conservation and load management;

(b) a detailed description of the steps taken to implement the current year's proposals and detailed information on the results achieved;

(c) information on any government policy or legislation identified by the Conservation Bureau that results in a barrier to the development or implementation of electricity conservation measures.

(5) The Chief Energy Conservation Officer shall make the report public within seven days of submitting it to the board of directors and the Minister under subsection.


Schedule B, section 3, carried.


On schedule B, section 4.1:

Mr. Tabuns moved, - That Schedule B of the Bill be amended by adding the following section:

4.1 (I) Subsection 25.30 (1) of the Act is amended by adding the following clause:

(a.1) that pursues all cost-effective opportunities for energy conservation and energy efficiency prior to consideration of new sources of electricity supply; and

(2) Section 25.30 of the Act is amended by adding the following subsection:

(1.1) For the purposes of this section, cost-effective includes consideration of the environmental and social benefits of and environmental and social costs avoided as a result of energy efficiency and energy conservation.



Mrs. Mitchell moved, - That clause 25.32 (2) (b) of the Electricity Act, 1998, as set out in subsection 5 (1) of Schedule B to the Bill, be struck out and the following substituted:

(b) a direction issued under subsection (4), (4.1), (4.4), (4.5), (4.6) or (4.7) or section 25.35.


Mr. Tabuns moved, - That clause 25.32 (4.1) (a) of the Electricity Act, 1998, as set out in subsection 5 (2) of' Schedule B to the Bill, be struck out and the following substituted:

(a) the procurement of electricity supply or capacity, limited to supply and capacity derived from renewable energy sources or green energy;


-15-After debate, the question being put on the motion, it was lost.

Mrs. Mitchell moved, - That clause 25.32 (4.1) (a) of the Electricity Act, 1998, as set out in subsection 5 (2) of Schedule B to the Bill, be struck out and the following substituted:

(a) the procurement of electricity supply or capacity derived from renewable energy sources;


Mr. Tabuns moved, - That section 25.32 of the Electricity Act, 1998, as set out in subsection 5 (2) of Schedule B to the Bill, be amended by adding the following subsection:

(4.6) Subsection (4.5) applies with respect to generation facilities and systems that are both on and off a reserve, as defined in the Indian Act (Canada), and on unceded reserve lands.


Mrs. Mitchell moved, - That section 25.32 of the Electricity Act, 1998, as amended by subsection 5 (2) of Schedule B to the Act, be amended by adding the following subsections:

(4.6) The Minister may direct the OP A to establish measures to facilitate the development of renewable energy generation facilities, transmission systems and distribution systems and the measures may include programs or funding for or associated with the participation of groups and organizations, including but not limited to municipalities, in the development of the facilities or systems.

(4.7) The Minister may direct the OPA to develop programs that are designed to reimburse the direct costs incurred by a municipality in order to facilitate the development of renewable energy generation facilities, transmission systems and distribution systems and the funding may include funding for infrastructure associated with or affected by the development of the facilities or systems.


Mrs. Mitchell moved, - That section 5 of Schedule B to the Bill be amended by adding the following subsection:

(3) Subsection 25.32 (6) of the Act is amended by adding the following paragraph:

3. A contract entered into by the OPA following a procurement solicitation or other initiative referred to in subsection (4.1), (4.4), (4.5) or (4.6) or section 25.35 or an expenditure made under subsection (4.7).

The question being put on the motion, it was carried.

Schedule B, section 5 as amended, carried.



Mr. Tabuns moved, - That subsection 25.35 (1) ofthe Electricity Act, 1998, as set out in section 7 of Schedule B to the Bill, be struck out and the following substituted:


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(I) The Minister shall direct the OP A to develop feed-in tariff programs that are designed to ensure that they are the primary mechanism for procuring green energy and in so directing the OP A, the Minister shall specify such circumstances and timelines as the Minister shall require.


Mr. Tabuns moved, - That subsection 25.35 (2) of the Electricity Act, 1998, as set out in section 7 of Schedule B to the Bill, be struck out and the following substituted:

(2) The Minister shall issue, and the OPA shall follow in preparing its feed-in tariff program, directives that set out the goals to be achieved during the period to be covered by the program, including goals relating to,

(a) the participation by aboriginal peoples in the development, ownership and establishment of renewable energy projects;

(b) the involvement of members of the local community in the development, ownership and establishment of renewable energy projects;

(c) domestic content, requiring each renewable energy project proponent to spend at least 60 per cent of its project spending within Ontario on or before the day that is three years after the day the Green Energy and Green Economy Act, 2009 comes into force;

(d) a recognized and appropriate premium for the advantages and benefits that arise from local public ownership and control of renewable power sources; and

(e) the elimination of artificial limits being imposed on the capacity of locally owned and controlled renewable power sources.


Mr. Tabuns

Ms. Broten Mr.Kular Mrs. Mitchell

AYES

NAYS


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Mrs. Mitchell moved, - That subsection 25.35 (2) of the Electricity Act, 1998, as set out in section 7 of Schedule B to the Bill, be struck out and the following substituted:

(2) Where the Minister has issued a direction under subsection (I), the Minister may issue, and the OP A shall follow in preparing its feed-in tariff program, directions that set out the goals to be achieved during the period to be covered by the program, including goals relating to,

(a) the participation by aboriginal peoples in the development and establishment of renewable energy projects; and

(b) the involvement of members of the local community in the development and establishment of renewable energy projects.


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(2.1) Where the Minister has issued a direction under subsection (1), the Minister shall issue, and the OP A shall follow in preparing its feed-in tariff program, directions that set out the goals relating to domestic content to be achieved during the period to be covered by the program


Mr. Tabuns moved, - That subsection 25.35 (3) of the Electricity Act, 1998, as set out in section 7 of Schedule B to the Bill, be struck out and the following substituted:


"feed-in tariff program" means a program for procurement, including a procurement process, providing standard program rules, standard contracts and standard pricing regarding classes of generation facilities differentiated by energy source, fuel type, natural resource intensity, generator capacity and the manner by which the generation facility is used, deployed, installed or located.




Mr. Bailey moved, - That subsection 25.36 (1) of the Electricity Act, 1998, as set out in section 8 of Schedule B to be the Bill, be amended by striking out "shall" in the portion before clause (a) and substituting "may".


Mr. Bailey moved, - That section 25.36 of the Electricity Act, 1998, as set out in section 8 of Schedule B to the Bill, be amended by adding the following subsection:

(2.1) The Board shall regulate all connection and related costs incurred as the result of connecting a renewable energy generation facility to a transmitter's transmission system or a distributor's distribution system and, despite subsection (2), in the event of a conflict between a regulation referred to in subsection (1) and an order of the Board with respect to connection and related costs, the order prevails.





Mrs. Mitchell moved, - That subsection 26 (1.2) of the Electricity Act, 1998, as set out in section 10 of Schedule B to the Bill, be amended by striking out "a regulation made under subsection (1.1)" and substituting "a regulation referred to in subsection (Ll)".


Mrs. Mitchell moved, - That subsection 26 (1.3) of the Electricity Act, 1998, as set out in section 10 of Schedule B to the Bill, be amended by striking out "A regulation made under subsection (1.1)" and substituting "A regulation referred to . in subsection (1.1)".


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Schedule B, sections 11 and 12 carried.

On schedule B, section 12.1:

Mr. Tabuns moved, - That Schedule B of the Bill be amended by adding the following section:

12.1 Subsection 53.1 (1) of the Act is repealed and the following substituted:

(1) The objects of Ontario Power Generation Inc. include, in addition to any other objects, owning and operating generation facilities, including renewable energy generation facilities.

RULING BY THE CHAIR

THE CHAIR: The motion is ruled out of order as section 53.1 of the Act is not open in Bill 150.


Mr. Tabuns moved, - That section 88 of the Electricity Act, 1998, as set out in section 13 of Schedule B to the Bill, be amended by adding the following clause:

(d.3) a First Nation community that generates, transmits, distributes or retails electricity directly or indirectly, or a corporation or other entity owned by the members of the First Nation community for the purpose of generating, transmitting, distributing or retailing electricity,





Mrs. Mitchell moved, - That subsection 144 (2) of the Electricity Act, 1998, as set out in section 15 of Schedule B to the Bill, be amended by striking out "established by a municipal corporation".


Mr. Tabuns moved, - That clause 144 (2) (a) of the Electricity Act, 1998, as set out in section 15 of Schedule B to the Bill, be amended by striking out "that does not exceed 10 megawatts".


Mr. Tabuns moved, - That section 144 of the ElectriCity Act, 1998, as set out in section 15 of Schedule B to the Act, be amended by adding the following subsection:

(2.1) A private corporation shall not generate electricity if the generation facility is a renewable energy generation facility that exceeds 10 megawatts.



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Mr. Tabuns moved, - That subsection 144 (3) of the Electricity Act, 1998, as set out in section 15 of Schedule B to the Bill, be struck out and the following substituted:


"municipal services corporation" means a corporation established by a municipal corporation under section 203 of the Municipal Act, 2001 or under section 148 of the City of Toronto Act, 2006 and a First Nation services corporation established under the laws of Ontario or of Canada.




Schedule C, section 1, carried.


On schedule C, section 3:

Mr. Tabuns moved, - That section 2 of the Ministry of Energy Act, as set out in section 3 of Schedule C to the Bill, be amended by adding the following subsections:

(2) There shall be established within the Ministry an office known in English as Energy Efficiency Ontario and in French as Bureau des economies d'energie to provide leadership in planning, co-ordination and delivery of measures for energy efficiency and conservation in Ontario and to engage in such activities as may be prescribed in the regulations.

(3) The Minister shall appoint a Director of Energy Efficiency who shall be responsible for managing and supervising Energy Efficiency Ontario, including the direction and management of the Ministry's energy efficiency and conservation activities, projects and programs, reporting to the Deputy Minster of Energy and Infrastructure.

(4) At least 30 days before the beginning of the following fiscal year, the Director of Energy Efficiency shall submit a report to the Minister that includes,

(a) Energy Efficiency Ontario's proposals for the following fiscal year regarding steps to be taken,

(i) to promote energy efficiency and conservation,

(ii) to achieve reductions in energy demand and promote management of energy demand to assist the Government of Ontario in achieving goals in energy conservation,

(iii) to facilitate the provision of services relating to energy efficiency and conservation, and

(iv) to coordinate energy efficiency and conservation activities, projects and programs among provincial agencies, including the Ontario Power Authority; and

(b) a detailed description of the steps taken to implement the current year's proposals and detailed information on the results achieved.


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(5) The Director of Energy Efficiency shall make the report public within seven days of submitting it to the Minister.





On schedule C, section 6:

Mr. Tabuns moved, - That clause 8 (I) (d) of the Ministry of Energy Act, as set out in subsection 6 (1) of Schedule C to the Bill, be struck out and the following substituted:

(d) make recommendations for the effective coordination of all energy matters within the government of Ontario with a view to ensuring the consistent application of policy in every area of concern regarding energy, and despite the generality of the foregoing, with respect to,

(i) energy efficiency and conservation,

(ii) renewable energy sources,

(iii) the adequacy and sustainability of energy sources and supplies,

(iv) the development of energy resources indigenous to Ontario, and

(v) the achievement of reductions in emissions of greenhouse gases and other environmental effects of energy production, and the adaptation of energy systems in Ontario to the impacts of climate change;


Mr. Tabuns moved, - That clause 8 (1) (h) of the Ministry of Energy Act, as set out in subsection 6 (I) of Schedule C to the Bill, be struck out and the following substituted:

(h) do as a priority, and in order of descending priority reflecting the order of the subc1auses to this clause, anyone or more of encouraging, promoting, developing or participating in such activities, projects and programs as the Minister considers appropriate,

(i) to stimulate all cost effective energy conservation, through the establishment of programs and policies within the Ministry or such agencies as may be prescribed, load management and the use of renewable energy sources throughout Ontario,

(ii) to increase the availability of renewable energy in Ontario and to increase the use of renewable energy sources in Ontario, and

(iii) to increase the availability of combined heat and power generating facilities in Ontario; and

(i) do anyone or more of encouraging, promoting, developing or participating in such activities, projects and programs as the Minister considers appropriate,

(i) to encourage prudence in the use of energy in Ontario,


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(ii) to stimulate the planning and increase the development of infrastructure in Ontario,

(iii) to support planning by government and communities for growth and building strong communities in Ontario,

(iv) to support community owned renewable energy and energy conservation projects,

(v) to ensure the adequacy and sustainability of energy sources and supplies in Ontario,

(vi) to encourage prudence, resilience and adaptive capacity in the supply and use of energy in Ontario,

(vii) to achieve reductions in emissions of greenhouse gases and other environmental effects of energy and infrastructure provision and use,

(viii) to ensure the adaptation of energy and infrastructure systems in Ontario to the impacts of climate change,

(ix) to stimulate the plarrning the plarrning and increase the development of sustainable infrastructure in Ontario,

(x) to support plarrning for sustainability and prosperity and building strong communities in Ontario, including adaptation to the impacts of climate change, and

(xi) to increase the availability of energy in Ontario.


The Committee resumed consideration of schedule B, section 2.


Schedule B, as amended, carried.

The Committee resumed consideration of schedule C, section 6.

Mr. Tabuns moved, - That subsection 8 (1) of the Ministry of Energy Act, as set out in subsection 6 (l) of Schedule C to the Bill, be amended by adding the following clause:

G) authorize directives that would require the Ontario Energy Board to accord appropriate preferences for power generated by locally owned and controlled renewable power sources, including, but not limited to price premiums and other preferences which may not be price related;


Mr. Tabuns moved, - That subsection 8 (1) of the Ministry of Energy Act, as set out in subsection 6 (l) of Schedule C to the Bill, be amended by adding the following clauses:


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(k) ensure that no ministry of the Government of Ontario or public agency, including but not limited to the Ontario Power Authority, Ontario Electricity Financial Corporation, Ontario Power Generation and the Independent Electricity System Operator, shall sign a contract with a generator that obliges the purchaser to pay for some or all of the generator's capital cost overruns associated with building or retrofitting a nuclear reactor;

(I) ensure that no ministry of the Government of Ontario or public agency shall act as the guarantor of debts of a generator associated with financing the construction of retrofit of nuclear reactors;

(m) ensure that no ministry of the Government of Ontario or public agency shall provide equity or debt financing for the construction or retrofit of nuclear reactors; and


Mr. Tabuns moved, - That subsection 8 (1) of the Ministry of Energy Act, as set out in subsection 6 (1) of Schedule C to the Bill, be amended by adding the following clause:

(n) establish leasing programs through agencies of the provincial government or in partnership or under contract with other organizations to lease to energy users in Ontario, in order to reduce consumption of fossil fuels and electricity,

(i) solar thermal, geo-exchange, and other renewable thermal or cooling technologies, and

(ii) energy efficiency or conservation materials, installations or equipment




Schedule C carried.

On schedule D, section 1:

Mrs. Mitchell moved, - That paragraph 3 of subsection I (1) of the Ontario Energy Board Act, 1998, as set out in section 1 of Schedule D to the Bill, be struck out and the following substituted:

3. To promote electricity conservation and demand management in a manner consistent with the policies of the Government of Ontario, including having regard to the consumer's economic circumstances.


Mr. Tabuns moved, - That subsection 1 (1) of the Ontario Energy Board Act, 1998, as set out in section 1 of Schedule D to the Bill, be amended by adding the following paragraphs:

6. To promote the priorities set out in clause 6 (1) (h) of the Ministry of Energy and Infrastructure Act.

7. To reduce overall consumption of electricity by a minimum of 25 terawatt hours per year by 2014.


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8. To add a minimum of 15 terawatt hours per year of renewable energy supply by 2014.


Schedule D, section I, as amended, carried.


Mr. Tabuns moved, - That paragraph 5 of section 2 of the Ontario Energy Board Act, 1998, as set out in section 2 of Schedule D to the Bill, be struck out and the following substituted:

5. To promote energy conservation and energy efficiency and to ensure the pursuit of all cost-effective opportunities for energy conservation and energy efficiency for all consumers in Ontario.


Mrs. Mitchell moved, - That paragraph 5 of section 2 of Ontario Energy Board Act, 1998, as set out in section 2 of Schedule D to the Bill, be struck out and the following substituted:

5. To promote energy conservation and energy efficiency in accordance with the policies of the Government of Ontario, including having regard to the consumer's economic circumstances.


Mr. Tabuns moved, - That Schedule D of the Bill be amended by adding the following subsection:

(2) Section 2 of the Act is amended by adding the following paragraph:

7. To promote the priorities set out in clause 6 (I) (h) of the Ministry of Energy and Infrastructure Act.

The question being put on the motion, it was lost.

Mr. Tabuns moved, - That section 2 of Schedule D ofthe Bill, amending section 2 of the Ontario Energy Board Act, 1998, be amended by adding the following subsection:

(3) Section 2 of the Act is amended by adding the following subsection:

(2) For the purposes of paragraph 5 of subsection (I), cost effectiveness,

( a) includes consideration of the environmental and social benefits of, and environmental and social costs avoided as a result of energy efficiency and energy conservation initiatives; and

(b) may, the Board's discretion, be assessed on a portfolio rather than individual program or measure basis.


Schedule D, section 2, as amended, carried.


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Mrs. Mitchell moved, - That section 3 of Ontario Energy Board Act, 1998, as amended by subsection 3 (1) of Schedule D to the Bill, be amended by adding the following definition:

"distribute", with respect to electricity, means to convey electricity at voltages of 50 kilovolts or less; ("distribuer")


Mrs. Mitchell moved, - That section 3 of the Ontario Energy Board Act, 1998, as amended by subsection 3 (3) of Schedule D to the Bill, be amended by adding the following definition:

"transmit", with respect to electricity, means to convey electricity at voltages of more than 50 kilovolts; ("transporter")



Schedule D, sections 4 and 5, carried.


Mr. Tabuns moved, - That paragraph 1 of subsection 26.1 (1) of the Ontario Energy Board Act, 1998, as set out in section 6 of Schedule D to the Bill, be struck out and the following substituted:

1. In respect of consumers in their service areas, gas and electricity distributors and licensed distributors.


Mrs. Mitchell moved, - That section 26.1 of the Ontario Energy Board Act, 1998, as set out in section 6 of Schedule D to the Bill, be amended by adding the follwing subsections:

(1.1) Gas distributors and licensed distributors may collect the amounts assessed under subsection (1) from the consumers or classes of consumers as are prescribed by regulation and in the manner prescribed by regulation.

(1.2) The IESO may collect the amounts assessed under subsection (1) from market participants or classes of market participants as are prescribed by regulation and in the manner prescribed by regulation.


Mr. Tabuns moved, - That paragraph 1 of subsection 26.2 (2) of the Ontario Energy Board Act, 1998, as set out in section 6 of Schedule D of the Bill, be struck out and the following substituted:

1. To fund conservation or renewable energy programs aimed at decreasing consumption of electricity, fossil fuels, uranium, or wood.




-2S-


Mr. Yakabuski moved, - That section 27.2 of the Ontario Energy Board Act, 1998, as set out in section 7 of Schedule D to the Bill, be struck out and the following substituted:

27.2 (1) The Minister may issue policy statements to the Board that have been approved by the Lieutenant Governor in Council that request that the Board consider steps specified in the statement to establish conservation and demand management targets to be met by distributors and other licensees.

(2) To promote conservation and demand management, a policy statement may request that the Board consider specifying, as a condition of a licence, the conservation targets associated with those specified in the statement, and the Board may, in its discretion, apportion the targets between distributors and other licensees.

(3) A policy statement made under subsection (2) may require the OPA to provide information to the Board or to the Ministry about the conservation targets referred to in subsection (2) or the contracts referred to in subsection (S).

(4) Subject to subsection (6), a policy statement may request that the Board consider specifying, as a condition of a licence, that a distributor meet, at its discretion, any portion of its conservation target by seeking the approval of the Board for the conservation and demand management programs to be offered in its service area.

(S) A policy statement may request that the Board consider specifying, as a condition of a licence, that a distributor meet, at its discretion, any portion of its conservation target by contracting with the OPA to meet the target through province-wide programs offered by the OP A.

(6) A policy statement may request that Board consider whether to hold a hearing, the circumstances which the Board may consider in deciding whether or not to hold a hearing and, if a hearing is to be held, criteria the Board may consider in determining the type of hearing to be held.

(7) A policy statement issued under this section shall be published in The Ontario Gazette.


Mrs. Mitchell moved, - That section 27.2 of the Ontario Energy Board Act, 1998, as set out in section 7 of Schedule D to the Bill be amended by adding the following subsection:

(S.l) To promote a culture of conservation and demand management, a directive may require the Board to specify, as a condition of a licence, that the licensee make public, by such means and at such time as specified in the directive, the steps that the licensee has taken to meet its targets and the results that have been achieved in meeting those targets.


Mr. Tabuns moved, - That section 27.2 of the Ontario Energy Board Act, 1998, as set out in section 7 of Schedule D to the Bill, be amended by adding the following subsections:

(8) Distributors and other licensees shall pursue all cost-effective opportunities for energy conservation and energy efficiency in their service areas.

(9) For the purposes of subsection (8), cost effectiveness,


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(a) includes consideration of the environmental and social benefits, and environmental and social costs avoided as a result of energy efficiency and energy conservation initiatives; and

(b) shall be assessed on a portfolio rather than individual program or measure basis.





28.5 (1) The Minister may issue policy statements to the Board that have been approved by the Lieutenant Governor in Council that request that the Board consider steps specified in the statement relating to the establishment, implementation or promotion of a smart grid for Ontario.

(2) A policy statement may request that Board consider whether to hold a hearing, and the circumstances which the Board may consider in deciding whether or not to hold a hearing.

(3) A policy statement issued under this section shall be published in The Ontario Gazette.



28.6 (1) The Minister may issue policy statements to the Board that have been approved by the Lieutenant Governor in Council that request that the Board consider steps specified in the statement relating to the connection of renewable energy generation facilities to a transmitter's transmission system or a distributor's distribution system.

(2) A statement issued under subsection (1) may request that the Board consider amending the licence conditions of distributors, transmitters and other licensees to take the actions specified in the statement in relation to their transmission systems, distribution systems or other associated systems, including enhancing, re-enforcing or expanding their transmission system or distribution system.

(3) A policy statement may request that Board consider whether to hold a hearing, and the circumstances which the Board may consider in deciding whether or not to hold a hearing.

(4) In relation to paragraph 5 of subsection 1 (1), the Minister may issue guidelines setting out goals or targets for the Board in relation to its processes associated with the timely expansion or reinforcement of transmission systems and distribution systems to accommodate the connection of renewable energy generation facilities, including the timing of those processes and the time within which the Board may complete the processes.


Schedule D, section 8, carried.


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Mrs. Mitchell moved, - That section 9 of Schedule D to the Bill be struck out and the following substituted:

9. The definitions of "distribute", "distribution system", "distributor", "IESO", "OP A", "transmission system", "transmit" and "transmitter" in section 56 of the Act are repealed.




Mrs. Mitchell moved, - That section 70 of the Ontario Energy Board Act, 1998, as amended by section 10 of Schedule D to the Bill, be amended by adding the following subsection:

(1.1) The Board may, with or without a hearing, grant an approval, consent or make a determination that may be required for any of the matters provided for in a licensee's licence.


Mr. Yakabuski moved, - That subsection 70 (2.1) of the Ontario Energy Board Act, 1998, as set out in section 10 of Schedule D to the Bill, be amended and the following substituted:

(2.1) The conditions of a transmitter's or distributor's licence may include the following:

1. The licensee may be required to provide, in the manner mandated by the market rules or by the Board, priority connection access to its transmission system or distribution system for renewable energy generation facilities that meet the requirements prescribed by regulation made under subsection 26 (1.1) of the Electricity Act, 1998.

2. The licensee may be required to prepare plans, in the manner and at the times mandated by the Board, and to file them with the Board for approval for,

I. the expansion or reinforcement of the licensee's transmission system or distribution system to accommodate the connection of renewable energy generation facilities, and

ii. the development and implementation of the smart grid in relation to the licensee's transmission system or distribution system.

3. The licensee may be required, in accordance with a plan referred to in paragraph 2 that has been approved by the Board or in such other manner and at such other times as mandated by the Board,

I. to expand or reinforce its transmiSSIOn system or distribution system to accommodate the connection of renewable energy generation facilities, and

ii. to make investments for the development and implementation of the smart grid in relation to the licensee's transmission system or distribution system.



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After debate, schedule D, section 11, carried.


Mrs. Mitchell moved, - That section 78 of the Ontario Energy Board Act, 1998, as amended by subsection 12 (2) of Schedule D to the Bill, be amended by adding the following subsection:

(3.0.5) The Board may, in approving or fixing just and reasonable rates or in exercising the power set out in clause 70 (2) (e), adopt methods that provide,

(a) incentives to a transmitter or a distributor in relation to the siting, design and construction of an expansion, reinforcement or other upgrade to the transmitter's transmission system or the distributor's distribution system; or

(b) for the recovery of costs incurred or to be incurred by a transmitter or distributor in relation to the activities referred to in paragraph (a).


Mrs. Mitchell moved, - That section 12 of Schedule D to the Bill be amended by adding the following subsection:

(3) Subsection 78 (6) of the Act is repealed and the following substituted:

(6) An order under this section may include conditions, classifications or practices, including rules respecting the calculation of rates, applicable,

(a) to the Smart Metering Entity in respect of meeting its obligations;

(b) to an activity prescribed for the purposes of subsection (3); and

(c) to the transmission, distribution or retailing of electricity.





Mr. Tabuns moved, - That section 79.1 of the Ontario Energy Board Act, 1998, as set out in section 14 of Schedule D to the Bill, be amended by adding the following subsections:

(1.1) The Board shall design and implement a permanent rate assistance program for Ontario's low-income consumers who are vulnerable to increases in shelter and utility costs.

(1.2) The program shall include, but not be restricted to, components of rate affordability, arrears management, crisis intervention, conservation and demand management and consumer protections, to ensure that Ontario's low-income consumers do not pay more than 6 per cent of their total household income on energy.

(1.3) The program shall be put in place on or before the day that is one year after the day the Green Energy and Green Economy Act, 2009 comes into force.


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Mr. Tabuns moved, - That section 79.1 of the Ontario Energy Board Act, 1998, as set out in section 14 of Schedule D to the Bill, be amended by adding the following subsection:

(3.1) The following rules apply with respect to this section:

1. The class of consumers who make contributions under subsection (3) to compensate a distributor under subsection (2) is not limited to consumers in the distributor's service area but includes all consumers.

2. For the purposes of subsection (1), the costs to make an eligible investment for the purpose of connecting or enabling the connection of a qualifying generation facility, where the generation facility is a renewable energy generation facility, include all connection costs and enabler line costs beyond on-site connection cost for renewable energy generation.



(4.1) The Board shall not allow entities that it regulates, including but not restricted to Ontario Power Generation and Bruce Power, to recover from consumers their capital cost overruns associated with the construction or retrofit of nuclear reactors.


Mr. Tabuns

Mr. Bailey Mr. Kular Mrs. Mitchell

AYES

NAYS

Ms. Broten Mr. Mauro Mr. Yakabuski

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(5.1) If a non-profit renewable energy generator ceases operation, non-profit purchasers, including OPG, distributors and municipalities, shall have the first right of refusal for purchase of the renewable energy generation facility.



On schedukD, section 15:

Mrs. Mitchell moved, - That clause 88 (1) (g.3.2) of the Ontario Energy Board Act, 1998, as set out in section 15 of Schedule D to the Bill, be struck out and the following substituted:


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(g.3.2) governing,

(i) the capacity of a renewable energy generation facility referred to in clause 71 (3) (a) and criteria for a renewable energy generation facility for the purposes of clause 71 (3) (a),

(ii) criteria for a generation facility that uses technology that produces power and thermal energy from a single source for the purposes of clause 71 (3) (b), and

(iii) criteria for an energy storage facility for the purposes of clause 71 (3)(c);




On schedule D, section 16.2:

Mrs. Mitchell moved, - 1bat Schedule D to the Bill be amended by adding the following section:

16.2 Paragraph 6 of subsection 107 (2) of the Act is amended by striking out "78.4" and substituting "78.5".


Schedule D, sections 17 and 18, carried.

Schedule D, as amended, carried.

Schedule E, section 1, carried.

Schedule E, section 2, carried.

After debate, the question being put on schedule E, it was carried on the following division:

Ms. Broten Mr. Kular Mrs. Mitchell

Mr. Tabuns

On schedule F, section 1:

AYES

NAYS


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Mrs. Mitchell moved, - That subsection 58.1 (3) of the Environmental Bill of Rights, 1993, as set out in Schedule F to the Bill, be amended by striking out "in the first half of 201 0" and substituting "before the end of2010".



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Mrs. Mitchell moved, - That section 58.1 of the Environmental Bill of Rights, 1993, as set out in section 1 of Schedule F to the Bill, be amended by adding the following subsection:

(2.1) In addition to his or her powers under section 60, the Environmental Commissioner may, for the purpose of this section, require any of the following persons to prepare and submit to the Commissioner, within such time as is specified by the Commissioner, a report containing such information as is specified by the Commissioner:

1. The Ontario Energy Board.

2. The Ontario Power Authority.

3. The Independent Electricity System Operator.

4. The Smart Metering Entity within the meaning of the Electricity Act, 1998.

5. A generator, transmitter or distributor, as those terms are defined in the Electricity Act, 1998.

6. A gas distributor, gas transmitter, producer or storage company, as those terms are defined in the Ontario Energy Board Act, 1998.

7. Any other prescribed person or class of persons.

After debate, the question being put on the motion, it was carried on the following division:

Ms. Broten Mr. Mauro Mr. Tabuns

AYES

NAYS


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Mrs. Mitchell moved, - That section 58.2 of the Environmental Bill of Rights, 1993, as set out in section 1 of Schedule F to the Bill, be amended by adding the following subsection:

(2.1) In addition to his or her powers under section 60, the Environmental Commissioner may, for the purpose of this section, require a prescribed person or class of persons to prepare and submit to the Commissioner, within such time as is specified by the Commissioner, a report containing such prescribed information as is specified by the Commissioner.


Schedule F, section 1, as amended, carried.

Schedule F, section 2, carried.

Schedule F, as amended, carried.

Schedule G, sections 1 to 3 inclusive carried.

On schedule G, section 4:


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Mr. Tabuns moved, - That section 47.5 of the Environmental Protection Act, as set out in subsection 4 (1) of Schedule G to the Bill, be amended by adding the following subsection:

(5) A proposal to issue, amend or revoke a renewable energy approval shall be deemed, for the purposes of the Environmental Bill of Rights, 1993, to be prescribed by the regulations under that Act as a proposal for a Class II instrument.


Mr. Yakabuski moved, - That subsection 4 (l) of Schedule G to the Bill be amended by adding the following subsection to section 47.5 of the Environmental Protection Act:

(5) The Director shall not issue a renewable energy approval for a renewable energy project that involves a renewable energy generation facility that generates electricity from wind unless approval to proceed with the proj ect has been given under Part II of the Environmental Assessment Act.


Mrs. Mitchell moved, - That subsection 47.7 (1) of the Environmental Protection Act, as set out in subsection 4 (1) of Schedule G to the Bill, be struck out and the following substituted:

47.7 (1) The Minister may, in writing, issue, amend or revoke policies in respect of renewable energy approvals.

(1.1) A policy or the amendment or revocation of a policy takes effect on the later of the following days:

1. The day that notice of the policy, amendment or revocation, as the case may be, is given in the environmental registry established under the Environmental Bill of Rights, 1993.

2. The effective day specified in the policy, amendment or revocation, as the case may be.


Schedule G, section 4, as amended, carried.



Mrs. Mitchell moved, - That section 142.1 of the Environmental Protection Act, as set out in section 9 of Schedule G to the Bill, be struck out and the following substituted:

142.1 (1) This section applies to a person resident in Ontario who is not entitled under section 139 to require a hearing by the Tribunal in respect of a decision made by the Director under section 47.5.

(2) A person mentioned in subsection (1) may, by written notice served upon the Director and the Tribunal within 15 days after a day prescribed by the regulations, require a hearing by the Tribunal in respect of a decision made by the Director under clause 47.5 (1) (a) or subsection 47.5 (2) or (3).


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(3) A person may require a hearing under subsection (2) only on the grounds that engaging in the renewable energy project in accordance with the renewable energy approval will cause,

(a) serious harm to human health; or

(b) serious and irreversible harm to plant life, animal life or the natural environment.





















LINDA KUNZ - Written submission dated April 20, 2009.

TOWNSHIP OF BRUDENELL, L YNDOCH AND RAGLAN Written submission dated April 21, 2009.

STEFAN KUNZ - Written submission dated April 20, 2009.

SKYDIVE TORONTO INC. - Written submission dated April 19. 2009.

MARYANNE UNDERWOOD Written submission dated April 21, 2009.

GARY TAYLOR - Written submission dated April 21, 2009.

VARIOUS INDIVIDUALS - Written submission, approximately 47 copies of form letter entitled "Wind development in the East Lake Huron Area" dated April 17, 2009.

TOWNSHIP OF THE ARCHIPELAGO- Written submission dated April 21, 2009.

GRAND BEND SPORT PARACHUTING CENTER Written submission dated April 21, 2009.

CARRAH BULLOCK - Written submission.

ROBERT LOGAN - Written submission.

SCOTT JONES - Written submission.

PAULA WALKER - Written submission.

SUSANNE LAUTEN - Written submission.

TOM CULLEN - Written submission.

ANN TOWELL - Written submission.

FORT CHICAGO DISTRICT ENERGY LTD. -Written submission dated April 20 2009.

























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PETER PRESSACCO - Written submission.

CONSTANTINE KRITSONIS Written submission.

NORAH AND RICHARD CHALONER - Written submission.

PETER BURSZTYN - Written submission.

BYRON BECKER - Written submission.

JOHN THOMPSON - Written submission.

DAVID HAHN - Written submission.

PETER KOFLER - Written submission.

KEVIN LOMACK - Written submission.

ONTARIO COALITION FOR A RENEWABLE ONTARIO - Written submission.

RICHARD EHRLICH AND BARBARA CAMPBELL - Written submission.

CANADIAN PARKS AND WILDERNESS SOCIETY, WILDLANDS LEAGUE - Written submission.

SCOTT ROUSE - Written submission.

MIKE SCHREINER - Written submission dated April 22, 2009.

GENEVIEVE CARRE - Written submission.

SOLERA SUSTAINABLE ENERGIES - Written submission.

NIPISSING FIRST NATION - Written submission dated April 22, 2009.

JOCELYN LOVELL - Written submission.

CANADIAN HYDROGEN AND FUEL CELL ASSOCIATION - Written submission dated April 22, 2009.

JOAN MORRIS - Written submission.

TIMISKAMING GREEN ENERGY INITIATIVEWritten submission dated April 22, 2009.

ONTARIO FARMLAND TRUST - Written submission dated April 21, 2009.

CANADIAN VOICE OF WOMEN FOR PEACE, ONTARIO CHAPTER - Written submission dated April 22, 2009.





















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JOHN MASON - Written submission dated April 21, 2009.

SOUTH CLEARVIEW AREA RESIDENTS PROTECTION ASSOCIATION Written submission dated April 20, 2009.

SUN HARVESTER PROJECTS· submission.

Written

NATIONAL FARMERS UNION, ONTARIO -Written submission.

JOSLYN HIGGINSON - Written submission dated April 22, 2009.

ENERGY WORKING GROUP, EARTHWISE THUNDER BAY - Written submission dated April 21, 2009.

STEVE STINSON - Written submission.

JOHN TAYLOR AND RUTH KIRK - Written submission dated April 21, 2009.

BRIAN GIFFORD - Written submission.

CHATHAM-KENT WIND ACTION GROUP -Written submission dated April 21, 2009.

LARRY PORTER - Written submission dated April 21, 2009.

MONICA ELMES - Written submission dated April 21, 2009.

TOWNSHIP OF BONNECHERE V ALLEY -Written submission dated April 16, 2009.

CORPORATION FOR INTERNATIONAL SETTLEMENTS (CANADA) LIMITED - Written submission entitled "Green Energy Act and Proposed Feed-in Tariff Pricing" dated April 22, 2009.

CITY OF OSHA WA - Written submission dated April 21, 2009.

NEIGHBOURS OF THE PROPOSED BELMONT SOLAR INSTALLATION - Written submission dated April 21, 2009.

VOLKER THOMSEN - Written submission dated April 22, 2009.

CLEARVIEW TOWNSHIP - Written submission dated April 21, 2009.

NEIL ELMES - Written submission dated April 22, 2009.





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THE CORPORATION OF THE MUNICIPALITY OF LEAMINGTON - Written submission dated April 22, 2009.

PROVINCIAL COUNCIL OF WOMEN - Written submission dated April 22, 2009.

H2GREEN ENERGY CORPORATION - Written submission dated April 22, 2009.

EXHIBITNO. 1/07/480· FINE AND DEO BARRISTERS AND







SOLICITORS Written submission dated April 22, 2009.

GERALD AND CAROL ENGBERTS - Written submission.

BILL ANDERSON - Written submission.

RON TOLMIE KANATA - Written submission.

OCEAN EXCHANGE - Written submission entitled "Why Ontario Needs the Green Energy and Green Economy Act Now."

DAN TAYLOR- Written submission.

CANADA GREEN BUILDING COUNCIL -Written submission dated April 22, 2009.

EXHIBIT NO. 1/07/487 CITY OF OTTAWA - Written submission dated Apri122,2009.

EXHIBIT NO. 1/07/488 LIBBY LEESIN - Written submission.

EXHIBIT NO. 1/07/489 ANGELA BISCHOFF - Written submission.

EXHIBIT NO. 1/07/490 DON DIETRICH - Written submission.

EXHIBIT NO. 1/07/491 JEFF BRACKETT - Written submission.

EXHIBIT NO. 1/07/492 GRAHAM LODGE - Written submission.

EXHIBIT NO. 1/07/493 CUPE ONTARIO - Written submission dated April 22, 2009.

EXHIBIT NO. 1/07/494 MARISA DE MARCO - Written submission dated April15,2009.

EXHIBIT NO. 1/07/495 FLORIDA POWER LIGHT ENERGY CANADIAN WIND - Written submission dated April 22, 2009.





THE JONES CONSULTING GROUP LTD. -Written submission dated April 22, 2009.

MlRlAM HAWKINS - Written submission dated April 22, 2009.

REMMER ENERGY - Written submission.

TRANSFORMING TORONTO Written submission.



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DOUGLAS SALMON JUNIOR ASSOCIATES - Written submission.

AND

EXHIBIT NO. 1107/501 THE ORANGEVILLE AND DUFFERIN WIND POWER PROJECT - Written submission dated April 22, 2009.

EXHIBIT NO. 1107/502 EPCOR UTILITIES INC. - Written submission dated April 22, 2009.

EXHIBIT NO. 1107/503 NORTHWATCH - Written submission dated April 22, 2009.


















CANADIAN SPORT PARACHUTING ASSOCIATION - Written submission dated February 20, 2009.

ONTARIO ENERGY ASSOCIATION - Written submission.

DONNA AND LAWRENCE CLOSE - Written submission.

EOLECTRIC INC. - Written submission dated April 22, 2009.

SHARON HOWARTH - Written submission.

CANADIAN HYDROGEN AND FUEL CELL ASSOCIATION - Written submission.

CANADIAN INSTITUTE FOR ENVIRONMENTAL LAW AND POLICY - Written submission dated April 22, 2009.

CANADIAN ENERGY EFFICIENCY ALLIANCE - Written submission dated April 22, 2009.

LEDGECROFT FARMS INC. - Written submission dated April 22, 2009.

REGISTERED NURSES' ASSOCIATION OF ONTARIO Written submission dated April 22, 2009.

GUY STEWART MCCALLUM submission.

DAVID KATZ - Written submission.

Written

NEXT HYDROGEN CORPORATION - Written submission.

ANNE FAULKNER - Written submission.

VETERANS AGAINST NUCLEAR WEAPONS, ONTARIOIQUEBEC REGION Written submission.

LOISETTE LANTEIGNE - Written submission.

MICHAEL NEVIN - Written submission.


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EXHIBIT NO. 1/07/521 TONY CLARK - Written submission.

EXHIBIT NO. 1/07/522 ADES DOLAR TRACKER - Written submission dated April 22, 2009.

EXHIBIT NO. 1/07/523 NICHOLAS KOUWEN - Written submission dated April 21, 2009.

EXHIBIT NO. 1/07/524A PEMBROKE OUTDOOR SPORTSMAN'S CLUB - Written submission.

EXHIBITNO.1/07/524B PEMBROKE OUTDOOR SPORTSMAN'S CLUB - Written submission.

















THE CORPORTATION OF THE COUNTY OF PRINCE EDWARD - Written submission dated April 21, 2009.

ASSOCIATION OF MUNICIPALITIES OF ONTARIO - Written submission.

PHYLLIS CREIGHTON - Written submission.

DANIEL BRUNET - Written submission dated April 20, 2009.

TOWN OF HALTON HILLS - Written submission dated April 21, 2009.

DAVID FAIRTHORNE - Written submission.

INDUSTRIAL GAS USERS ASSOCIATION -Written submission dated April 22, 2009.

JACKIE DEAN - Written submission.

DAVID WHITE - Written submission dated April 21, 2009.

HALTON HILLS HYDRO - Written submission dated April 21, 2009.

CANADIAN CHEMICAL PRODUCERS' ASSOCIATION - Written submission dated April 17,2009.

CITY OF WATERLOO - Written submission dated April 22, 2009.

TOWNSHIP OF BRUDENELL, L YNDOCH AND RAGLAN - Written submission dated April 21, 2009.

LYNNE ADAMS - Written submission dated February 21, 2009.

CITIZENS ENVIRONMENTAL ALLIANCE -Written submission dated April 22, 2009.

MUNICIPALITY OF BLUEWATER - Written submission dated April 22, 2009.





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PAMELA ERICKSON - Written submission dated April 20, 2009.

DIRECT ENERGY - Written submission dated April 22, 2009.

ONTARIO ASSOCIATION OF ARCHITECTS -Written submission dated April 22, 2009.

EXHIBIT NO. 1107/544 GRACE WYLIE - Written submission dated April 20, 2009.

EXHIBIT NO. 1/07/545 HEATHER LEROY - Written submission dated April 20, 2009.

EXHIBIT NO. 1/07/546 ADOLFO WYSS - Written submission dated April 20, 2009.

EXHIBIT NO. 1/07/547 DONALD WYLIE - Written submission dated April 20, 2009.

EXHIBIT NO. 1/07/548 MARK HENSCHEL - Written submission.

EXHIBIT NO. 1/071549 zroGY KLEINAU - Written submission dated April 22, 2009.

EXHIBIT NO. 1/07/550 AIM POWERGEN - Written submission dated April 15, 2009.

EXHIBIT NO. 1/07/551 JEAN GAGNON - Written submission dated April 20, 2009.

EXHIBIT NO. 1/07/552 LAKE ONTARIO WATERKEEPER - Written submission dated April 22, 2009.










JOHN PEEVER - Written submission dated April 22,2009.

CANADIAN EXPORTERS April 22, 2009.

MANUFACTURERS AND Written submission dated

VOLKER THOMSEN - Written submission.

ROBERT YOUNKER - Written submission dated April 22, 2009.

XENECA POWER DEVELOPERS INC. - Written submission dated April 22, 2009.

THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE - Written submission dated April 21,2009.

CENTENNIAL ENERGY INSTITUTE - Written submission dated April 22, 2009.

MONICA ALYEA - Written submission.

JANET GRACE - Written submission.

ADJOURNMENT:






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THE TOWNSHIP OF CARLING - Written submission dated April 21, 2009.

CITY OF OSHA W A - Written submission dated April 21, 2009.

THE CORPORATION OF THE TOWNSHIP OF HURON-KINLOSS - Written submission dated April 17,2009.

TOWN OF AJAX - Written submission dated April 21, 2009.

At 6:02 p.m., the Committee adjourned until 4:00 p.m. on Wednesday, April 29, 2009.

A Trevor Day,

Clerk of the Committee.

ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 28

WEDNESDAY, APRIL 29, 2009

ROOM NO.1, QUEEN'S PARK


Members of the Committee present: Bill Mauro, MPP; Carol Mitchell, MPP; David Orazietti, MPP.

Substitutions present: Laurel Broten, MPP for Jim Brownell, MPP; Bob Delaney, MPP for Kuldip Kular, MPP (from 5:00 p.m. to 6:00 p.m.); Khalil Ramal, MPP for Kuldip Kular, MPP (from 4:00 p.m. to 5:00 p.m.); Phil McNeely, MPP for Linda Jeffrey, MPP; Peter Tabuns, MPP for Rosario Marchese, MPP; John Yakabuski, MPP for Joyce Savoline, MPP.

In Attendance: Albert Nigro, Legislative Counsel.

The Committee met pursuant to its Order of Reference dated Wednesday, March 11, 2009 to resume consideration of Bill 150, An Act to enact the Green Energy Act, 2009 and to build a green economy, to repeal the Energy Conservation Leadership Act, 2006 and the Energy Efficiency Act and to amend other statutes.

The Committee resumed clause-by-clause consideration of Bill 150.

Legislative Counsel made a statement.


Ms. Broten moved, - That clause 142.2 (1) (a) of the Environmental Protection Act, as set out in section 10 of Schedule G to the Bill, be struck out and the following substituted:

(a) a description of how engaging in the renewable energy project in accordance with the renewable energy approval will cause,

(i) serious harm to human health, or

(ii) serious and irreversible harm to plant life, animal life or the natural environment;



Schedule G, sections 11 and 12 carried.


Ms. Broten moved, - That subsections 145.2.1 (2) to (5) of the Environmental Protection Act, as set out in section 13 of schedule G to the Bill, be struck out and the following substituted:

(2) The Tribunal shall review the decision of the Director and shall consider only whether engaging in the renewable energy project in accordance with the renewable energy approval will cause,


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(a) serious harm to human health; or

(b) serious and irreversible harm to plant life, animal life or the natural environment.

(3) The person who required the hearing has the onus of proving that engaging in the renewable energy project in accordance with the renewable energy approval will cause harm referred to in clause (2) (a) or (b).

(4) If the Tribunal determines that engaging in the renewable energy project in accordance with the renewable energy approval will cause harm referred to in clause (2) (a) or (b), the Tribunal may,

(a) revoke the decision of the Director;

(b) by order direct the Director to take such action as the Tribunal considers the Director should take in accordance with this Act and the regulations; or

(c) alter the decision of the Director, and, for that purpose, the Tribunal may substitute its opinion for that of the Director.

(5) The Tribunal shall confirm the decision of the Director if the Tribunal determines that engaging in the renewable energy project in accordance with the renewable energy approval will not cause harm described in clause (2) (a) or (b).





Ms. Broten moved, - That clause 176 (4.1) (d) of the Environmental Protection Act, as set out in subsection 20 (2) of Schedule G to the Bill, be struck out and the following substituted:

(d) governing the location of renewable energy generation facilities, including prohibiting or regulating the construction, installation, use, operation or changing of renewable energy generation facilities in parts of Ontario;


Ms. Broten moved, - That subsection 176 (9.1) of the Environmental Protection Act, as set out in subsection 20 (3) of Schedule G to the Bill, be struck out and the following substituted:

(9.1) The Lieutenant Governor in Council may make regulations relating to Part XIII,

(a) governing procedures for hearings required under section 142.1 and for applications to stay the operation of a decision made in respect of a renewable energy approval;

(b) providing that section 142.1 does not apply in respect of a renewable energy approval, or prescribing circumstances in which section 142.1 does not apply in respect of a renewable energy approval, if,


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(i) under Part II or 11.1 of the Environmental Assessment Act, the holder of the renewable energy approval is authorized to proceed with the renewable energy project or was authorized, inunediately before Part V.O.l of this Act came into force, to proceed with the project,

(ii) pursuant to an exempting regulation made under the Environmental Assessment Act, a statement of completion in respect of the renewable energy project was filed with the Director appointed under that Act before Part V.O.l of this act came into force, or

(iii) all the approvals, permits and other instruments required under this Act and the Ontario Water Resources Act to engage in the renewable energy project were obtained before Part V.O.I of this Act came into force.

(9.2) A regulation made under clause (9.1) (a) may provide that it prevails over a provision of the Statutory Powers Procedure Act, despite anything in that Act.




The question being put on schedule G, as amended, it was carried on the following division:-

Ms. Broten Mr. McNeely Mr. Ramal

Mr. Tabuns

AYES

NAYS

Schedule H, sections I to 3 inclusive carried.

On schedule H, section 4:

Mr. Mauro Mrs. Mitchell Mr. Yakabuski

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Mrs. Mitchell moved, - That section 4 of schedule H to the Bill be amended by adding the following subsection:

(0.1) Clause 75 (1.2) (b) of the Act, as re-enacted by subsection I (18) of the Safeguarding and Sustaining Ontario's Water Act, 2007, is repealed and the following substituted:

(b) governing the implementation of the provisions listed in subsection (1.3) and,

(i) prescribing requirements that apply to the Director under section 4.1 for the purpose of implementing the provisions listed in subsection (1.3) and specifying which decisions of the Director that are subject to the prescribed requirements are also subject to sections 34.10 and 34.11, and


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(ii) prescribing requirements that apply to the Director under section 47.5 of the Environmental Protection Act for the purpose of implementing the provisions listed in subsection (1.3) and specifYing which decisions of the Director that are subject to the prescribed requirements are also subject, with necessary modifications, to sections 34.10 and 34.11;


Schedule H, section 4, as amended, carried.

On schedule H, section 5:

Mrs. Mitchell moved, - That section 5 of schedule H to the Bill be amended by,

(a) striking out "Subject to subsection (2)" at the beginning of subsection (1) and substituting "Subject to subsections (2) and (3)"; and

(b) adding the following subsection:

(3) Subsection 4 (0.1) comes into force on the later of the following days:

I. The day subsection 4(1) of Schedule G to the Green Energy and Green Economy Act, 2009 comes into force.

2. The day subsection 1(18) of the Safeguarding and Sustaining Ontario's Water Act, 2007 comes into force.


Schedule H, section 5, as amended, carried.

After debate, the question being put on schedule H, as amended, it was carried.

Schedule I, sections I to 9 inclusive carried.

Schedule I carried.

On schedule J, section I:

Mrs. Mitchell moved, - That subsection I (I) of Schedule J to the Bill be amended by striking out "energy conservation" and substituting "energy and water conservation" .


Mr. Tabuns moved, - That subsection 1 (2) of Schedule J to the Bill be amended by adding the following as subsection 34 (7) of the Building Code Act, 1992:

(7) Without limiting the scope of the reviews required by subsection (6), a primary purpose of the reviews is to ensure that the building code mandates the inclusion of renewable energy technologies in new buildings.


Mr. Tabuns moved, - That subsection I (2) of Schedule J to the Bill be amended by adding the following as subsections 34 (8) and (9) of the Building Code Act, 1992:

(8) The Minister shall act to ensure enforcement of building code with particular regard to energy matters.


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(9) The Minister shall report annually on the levels of enforcement of the building code.


Schedule J, section 1, as amended, carried.

On schedule J, section 2:

Mr. Tabuns moved, - That section 34.1 of the Building Code Act, 1992, as set out in section 2 of Schedule J to the Bill, be amended by adding the following subsection:

(4) Without limiting the scope of clause (3) (a), the Council's advice to the Minister shall include recommendations in relation to ensuring that the building code,

(a) mandates the inclusion of renewable energy technologies in new buildings; and

(b) progresses towards achieving a net zero energy use for all buildings.


Schedule J, section 2 carried.

Schedule J, section 3 carried.

Schedule J, as amended, carried.

On schedule K, section 1:

Ms. Broten moved, - That section 1 of Schedule K to the Bill be struck out and the following substituted:

1. Subsection 1 (1) of the Planning Act is amended by adding the following definitions:

"renewable energy generation facility" has the same meaning as in the Electricity Act, 1998; ("installation de production d'energie renouvelable")

"renewable energy project" has the same meaning as in the Green Energy Act, 2009; ("projet d'energie renouvelable")

"renewable energy testing facility" has the same meaning as in the Green Energy Act, 2009; (" ")

"renewable energy testing project" has the same meaning as in the Green Energy Act, 2009; (" ")

"renewable energy undertaking" means a renewable energy generation facility, a renewable energy project, a renewable energy testing facility or a renewable energy testing project; (" ")


After debate, the question being put on schedule K, section 1, as amended, it was carried.


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Mrs. Mitchell moved, - That clause 50 (3) (d.l) of the Planning Act, as set out in Schedule K to the Bill, be amended by striking out "40 years" and substituting "50 years".


Mrs. Mitchell moved, - That clause 50 (5) (c.1) of the Planning Act, as set out in subsection 2 (2) of Schedule K to the Bill, be amended by striking out "40 years" and substituting "50 years".


Schedule K, section 2, as amended, carried.


Mrs. Mitchell moved, - That section 62.0.2 of the Planning Act, as set out in section 3 of Schedule K to the Bill, be struck out and the following substituted:

62.0.2 (1) Despite any Act or regulation, the following do not apply to a renewable energy undertaking, except in relation to a decision under section 28 or Part VI:

1. A policy statement issued under subsection 3(1).

2. A provincial plan, subject to subsection (2).

(2) Subsection (1) does not apply in respect of,

(a) the Niagara Escarpment plan;

(b) another provincial plan, if the provincial plan is prescribed for the purposes of this subsection; or

(c) a provision of another provincial plan, if the provision is prescribed for the purposes of this subsection.

(3) For greater certainty, an official plan does not affect a renewable energy undertaking.

(4) Section 24 does not apply to,

(a) the undertaking of a public work that is a renewable energy undertaking or is intended to facilitate or support a renewable energy undertaking;

(b) the passing of a by-law with respect to a public work described in clause (a); or

(c) the passing of a by-law that is intended to facilitate or support a renewable energy undertaking.

(5) A by-law passed under section 33 does not apply to a renewable energy undertaking.

(6) A by-law or order passed or made under Part V does not apply to a renewable energy undertaking.


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(7) An agreement that is entered into under Part V before the day subsection 4 (1) of schedule G to the Green Energy and Green Economy Act, 2009 comes into force applies to a renewable energy project, and to any related renewable energy testing facility and renewable energy testing project, until the day a renewable energy approval is issued under section 47.5 of the Environmental Protection Act in relation to the renewable energy project.

(8) A regulation or by-law made or passed under section 70.2 does not apply to a renewable energy undertaking.

(9) A by-law passed under section 113 or 114 of the City of Toronto Act, 2006 does not apply to a renewable energy undertaking.

(10) An order made under section 17 of the Ontario Planning and Development Act, 1994 does not apply to a renewable energy undertaking.


Mr. Yakabuski moved, - That subsection 62.0.2 (4) of the Planning Act, as set out in section 3 of Schedule K to the Bill, be struck out and the following substituted:

(4) A by-law, order or agreement made under Part V does not apply to a renewable energy generation facility or renewable energy project, except as set out in subsection (4.1).

(4.1) Subsection (4) does not affect a by-law or order made under Part V that restricts or prevents the installation of solar farms on agricultural land in Category 1, 2, 3 or 4 according to the Canada Land Inventory, National Site Database, Agriculture and Agri-Food Canada.


Mr. Yakabuski moved, - That section 62.0.2 of the Planning Act, as set out in section 3 of schedule K to the Bill, be struck out and the following substituted:

62.0.2 The Minister and the Association of Municipalities of Ontario shall jointly develop a package of standard amendments to be made to all official plans in order to align them with the Green Energy and Green Economy Act, 2009.


After debate, the question being put on schedule K, section 3, as amended, it was carried on the following division:

Ms. Broten Mr. McNeely Mr. Ramal

Mr. Tabuns

Schedule K, section 4, carried.

Schedule K, as amended, carried.

Schedule L, section 1, carried.

AYES

NAYS

Mr. Mauro Mrs. Mitchell

Mr. Yakabuski

-5

-2


-8-After debate, the question being put on schedule L, section 2, it was carried.

Schedule L, sections 3 to 14 inclusive carried.

On schedule L, section 15:

Mr. Yakabuski moved, - That subsection 19 (2.1) of the Niagara Escarpment Planning and Development Act, as set out in subsection 15(2) of Schedule L to the Bill, be struck out and the following substituted:

(2.1) On the day the Green Energy Act, 2009 comes into force, the Niagara Escarpment plan is amended to require a minimum set back of at least two kilometres in respect of renewable energy projects, as defined in that Act.


Mr. Yakabuski moved, - That section 15 of Schedule L to the Bill, amending section 19 of the Niagara Escarpment Planning and Development Act, be amended by striking out subsection (3).




On schedule L, section 16.1:

Mr. Tabuns moved, - That Schedule L to the Bill be amended by adding the following section:

16.1 Subsection 25 (12) of the Act is amended by striking out "and" at the end of clause (a), adding "and" at the end of clause (b) and by adding the following clause:

(c) the decision of the delegate is not related to a renewable energy project.



After debate, the question being put on Schedule L, section 20, it was carried.

After debate, the question being put on Schedule L, section 21, it was carried.


Schedule L carried.

The Committee resumed consideration of sections 1, 2 and 3 of the bill.

Sections 1 to 3 inclusive carried.

The title carried.

The bill, as amended, carried.

Ordered, - That the Chair report Bill 150, as amended, to the House.

ADJOURNMENT:


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The following documents were filed with the Clerk ofthe Committee as Exhibits:



LEGISLATIVE RESEARCH SERVICE Document entitled "Final Summary of Recommendations" dated Apri129, 2009.

LEGISLATIVE RESEARCH SERVICE Document entitled "List of Idled Hydroelectric Sites in Ontario" dated April 29, 2009.

At 4:57 p.m., the Committee adjoumed to the call of the Chair.

A Trevor Day

Clerk of the Committee

ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 29

WEDNESDAY, MAY 13,2009



Members of the Committee present: Robert Bailey, MPP; Jim Brownell, MPP; Linda Jeffrey, MPP; Bill Mauro, MPP; Carol Mitchell, MPP; David Orazietti, MPP.

Substitutions present: Toby Barrett, MPP for Joyce Savoline, MPP; Kevin Flynn, MPP for Kuldip Kular, MPP; Peter Tabuns, MPP for Rosario Marchese, MPP.

Witnesses: From the Canadian Cancer Society, Ontario Division: Irene Gallagher Jones, Senior Manager, Public Issues; Kathleen Perchaluk, Senior Coordinator, Public Issues.

From the United Steelworkers Union / Environmental Defence: Andrew King, National Health and Safety Coordinator, United Steelworkers Union; Janelle Witzel, Toxic Nation Coordinator, Environmental Defence.

From the Canadian Cosmetic, Toiletry and Fragrance Association: Darren Praznik, President and Chief Executive Officer.

From the Sarnia-Lambton Environmental Association: Dean Edwardson, General Manager.

From the Canadian Environmental Law Association: Sarah Miller, Coordinator and Researcher; Anne Wordsworth, Researcher.

From the Registered Nurses' Association of Ontario: Wendy Fucile, President; Kim Jarvi, Senior Economist.

From the Canadian Petroleum Products Institute: Eric Bristow, Director, Government and Stakeholder Relations for Ontario.

From the Ontario Public Health Association: Carol Timmings, President; Connie Uetrecht, Executive Director; Helen Doyle, Environmental Health Expert.

In Attendance: James Charlton, Research Officer.

The Committee met pursuant to its Order of Reference dated Tuesday, May 5, 2009 to consider Bill 167, An Act to promote reductions in the use and creation of toxic substances and to amend other Acts.

The Committee received the Report of the Sub-committee as follows:

REPORT OF THE SUB-COMMITTEE

Your Sub-committee met on Wednesday, May 6, 2009 to consider the method of proceeding on Bill 167, An Act to promote reductions in the use and creation of toxic substances and to amend other Acts, and recommends the following:

1. That the Committee meet in Toronto on Wednesday, May 13, 2009 and Monday, May 25, 2009, for the purpose of holding public hearings.


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2. That the Committee Clerk, with the authorization of the Chair, post information regarding public hearings in the Ontario edition of the Globe and Mail, the Toronto Star and the Sarnia Observer for one day during the week of May 11, 2009.

3. That the Committee Clerk, with the authorization of the Chair, post information regarding public hearings on the Ontario Parliamentary channel and the Legislative Assembly website.

4. That interested parties who wish to be considered to make an oral presentation contact the Committee Clerk by 12:00 noon on Thursday, May 14,2009.

5. That groups and individuals be offered 10 minutes for their presentation. This time is to be scheduled in IS-minute increments to allow for questions from the Committee.

6. That witnesses be scheduled on a first-come, first-served basis for the May 13,2009 hearing date.

7. That, in the event all remammg witnesses cannot be scheduled for the May 25, 2009 hearing date, the Committee Clerk provide the members of the Sub-committee with a list of requests to appear.

8. That the members of the Sub-committee prioritize and return the list of requests to appear by 12:00 noon on Tuesday, May 19, 2009 and that the Committee Clerk schedule witnesses based on those prioritized lists.

9. That the deadline for written submissions be 5:00 p.m. on Monday, May 25, 2009.

10. That the Research Officer provide the Committee with a summary of presentations.

II. That, for administrative purposes, proposed amendments be filed with the Committee Clerk by 12:00 noon on Thursday, May 28, 2009.

12. That the Committee meet for the purpose of c1ause-by-c1ause consideration of the Bill on Monday, June I, 2009 and that each Party be offered an opportunity to make opening remarks.

13. That the Committee Clerk, in consultation with the Chair, be authorized prior to the adoption of the Report of the Sub-committee to commence making any preliminary arrangements necessary to facilitate the Committee's proceedings.

Mrs. Mitchell moved, - That the Report of the Sub-committee be adopted.


The witnesses, Ms. Gallagher Jones and Ms. Perchaluk, made statements and answered questions.

The witnesses, Mr. King and Ms. Witzel, made statements and answered questions.

The witness, Mr. Praznik, made a statement and answered questions.

The witness, Mr. Edwardson, made a statement and answered questions.

The witness, Ms. Miller, made a statement and, with Ms. Wordsworth, answered questions.

The witness, Ms. Fucile, made a statement and, with Mr. Jarvi, answered questions.

ADJOURNMENT:


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The witness, Mr. Bristow, made a statement and answered questions.

The witnesses, Ms. Uetrecht, Ms. Doyle and Ms. Timmings, made statements and answered questions.



EXHIBIT NO. 1/08/00lB









MINISTRY OF THE ENVIRONMENT Briefing Binder dated May 13, 2009 relating to Bill 167, An Act to promote reductions in the use and creation of toxic substances and to amend other Acts.

MINISTRY OF THE ENVIRONMENT -Classeur d'expose date Ie 13 mai 2009 concernant Ie projet de loi 167, Loi visant a promouvoir une reduction de l'utilisation et de la creation de substances toxiques et a modifier d'autres lois.

CANADIAN CANCER SOCIETY, ONTARIO DIVISION - Submission entitled "Bill 167 -Toxics Reduction Act."

UNITED STEEL WORKERS UNION I ENVIRONMENTAL DEFENCE - Submission entitled "Toxics Reduction Act: Key Recommendations."

CANADIAN COSMETIC, TOILETRY AND FRAGRANCE ASSOCIATION - Submission dated May 13,2009.

SARNIA-LAMBTON ENVIRONMENTAL ASSOCIATION - Submission.

CANADIAN ENVIRONMENTAL LAW ASSOCIATION - Submission.

REGISTERED NURSES' ASSOCIATION OF ONTARIO - Submission entitled "Speaking out for health. Speaking out for nursing."

CANADIAN PETROLEUM PRODUCTS INSTITUTE - Submission dated May 13, 2009.

ONTARIO PUBLIC HEALTH ASSOCIATION - Submission.

At 6:04 p.m., the Committee adjourned until 2:00 p.m. on Monday, May 25, 2009.

& Clerk of the Committee.

ORDER:

ATTENDANCE:



MEETING NUMBER 30

MONDAY, MAY 25, 2009



Members of the Committee present: Robert Bailey, MPP; Jim Brownell, MPP; Kuldip Kular, MPP; Bill Mauro, MPP; Carol Mitchell, MPP; David Orazietti, MPP.

Substitutions present: Toby Barrett, MPP for Joyce Savoline, MPP; Kevin Flynn, MPP for Linda Jeffrey, MPP; Yasir Naqvi, MPP for Jim Brownell, MPP (2:30 p.m. to 3:30 p.m.); Peter Tabuns, MPP for Rosario Marchese, MPP.

Witnesses: From the Ontario BioAuto Council: Craig Crawford, President and Chief Executive Officer.

From the Ontario Centre for Environmental Technology Advancement: Fred Granek, Vice-President, Sustainability.

From the Canadian Consumer Specialty Products Association: Shannon Coombs, President; Anne McConnell, Representative.

From Jefford Industries: Arthur Jefford, President.

From the Canadian Chemical Producers' Association: Norm Huebel, Regional Director, Ontario; David Peters, Manager, Environment, Health and Safety and Responsible Care for BASF Canada.

From the University of Toronto: Miriam Diamond, Professor.

From Pollution Probe: Julie Sommerfreund, Manager, Toxics Project.

From the Automotive Parts Manufacturers' Association: Peter Corbyn, Director, Environment and Energy.

From the Canadian Paint and Coatings Association: Jim Quick, President and Chief Executive Officer.

From the Canadian Vehicle Manufacturers' Association: Mark Nantais, President.

From the Canadian Manufacturers and Exporters: Ian Howcroft, Vice-President, Ontario Division; Nancy Coulas, Director, Environmental Quality.

From the Canadian Plastics Industry Association / Environment and Plastics Industry Council: Fred Edgecombe, Representative.

From Toronto Public Health: David McKeown, Medical Officer of Health.

From the Cement Association of Canada / St. Marys Cement Group: Michael McSweeney, Vice-President, Cement Association of Canada; Martin Vroegh, Senior Manager, st. Marys Cement Group.

From the Ontario Mining Association: Chris Hodgson, President; Mike Dutton, Director, Environmental and Health Science, Vale Inco Ltd.


PROCEEDINGS:


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The Committee met pursuant to its Order of Reference dated Tuesday, May 5, 2009 to resume consideration of Bill 167, An Act to promote reductions in the use and creation of toxic substances and to amend other Acts.

The witness, Mr. Crawford, made a statement and answered questions.

The witness, Mr. Granek, made a statement and answered questions.

The witness, Ms. Coombs, made a statement and, with Ms. McConnell, answered questions.

The witness, Mr. Jefford, made a statement and answered questions.

The witnesses, Mr. Huebel and Mr. Peters, made statements and answered questions.

The witness, Dr. Diamond, made a statement and answered questions.

The witness, Ms. Sommerfreund, made a statement and answered questions.

The witness, Mr. Corbyn, made a statement and answered questions.

The witness, Mr. Quick, made a statement and answered questions.

The witness, Mr. Nantais, made a statement and answered questions.

At 4:18 p.m., the Vice-Chair assumed the chair.

The witnesses, Mr. Howcroft and Ms. Coulas, made statements and Ms. Coulas answered questions.

The witness, Dr. Edgecombe, made a statement and answered questions.

The witness, Dr. McKeown, made a statement and answered questions.

At 4:59 p.m., the Chair resumed the chair.

The witness, Mr. McSweeney, made a statement and, with Mr. Vroegh, answered questions.

The witness, Mr. Hodgson, made a statement and, with Mr. Dutton, answered questions.

The following documents were filed with the Clerk of the Committee as Exhibits: .



EXHIBIT NO. 1I08/012A


ONTARIO BIOAUTO COUNCIL - Submission dated May 25,2009.

ONTARIO CENTRE FOR ENVIRONMENTAL TECHNOLOGY ADVANCEMENT Submission, package including powerpoint slides entitled "Toronto Region sustainability Program", Bio of Fred Granek, and brochures entitled "Lithographic Printing"; "Tanker Cleaning"; "Circuit Board Manufacturing".

CANADIAN CONSUMER SPECIALTY PRODUCTS ASSOCIATION - Submission dated May 25,2009.

CANADIAN CONSUMER SPECIALTY PRODUCTS ASSOCIATION - Submission, brochure entitled "Imagine Life Without Us?"


EXHIBIT NO. 1I0S/013A

EXHIBIT NO. 1I0S/013B

EXHIBIT NO. 1/0S/014

EXHIBIT NO. 1I0S/015

EXHIBIT NO. 1I0S/016



EXHIBIT NO. 1/0S/018B





EXHIBIT NO. 1/0S/22B




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CANADIAN CHEMICAL PRODUCERS' ASSOCIATION Submission dated May 25, 2009.

CANADIAN CHEMICAL PRODUCERS' ASSOCIATION Submission entitled "Comments and Recommendations."

UNIVERSITY OF TORONTO - Submission entitled "In Support of Bill 167, Toxics Use Reduction Act, 2009."

POLLUTION PROBE - Submission entitled "Summary of Issues."

AUTOMOTIVE PARTS ASSOCIATION May 25, 2009.

CANADIAN PAINT ASSOCIATION May 25, 2009.

MANUFACTURERS' Submission dated

AND COATINGS Submission dated

CANADIAN VEHICLE MANUFACTURERS' ASSOCIATION - Submission entitled "CVMA Recommended Revisions to Specific Provisions in Bi1l167."

CANADIAN VEHICLE MANUFACTURERS' ASSOCIATION - Submission May 25, 2009.

CANADIAN MANUFACTURERS AND EXPORTERS - Submission dated May 25,2009.

PLASTICS INDUSTRY CANADIAN ASSOCIATION May 7, 2009.

Submission dated

TORONTO PUBLIC HEALTH - Submission dated May 25, 2009.

CEMENT ASSOCIATION OF CANADA 1 ST: MARYS CEMENT GROUP - Submission entitled "Building a Sustainable Tomorrow."

CEMENT ASSOCIATION OF CANADA 1 ST. MARYS CEMENT GROUP - Submission dated May 25,2009.

ONTARIO MINING ASSOCIATION Submission dated May 25, 2009.

LEGISLATIVE RESEARCH SERVICE Document entitled "Interim Summary of Recommendations: Bill 167 - The Toxics Reduction Act, 2009" dated May 20, 2009.

TAKE CHARGE ON TOXICS - Written submission entitled "A comprehensive strategy for a green economic recovery."

ADJOURNMENT:










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CANADIAN ASSOCIATION May 22, 2009.

ONTARIO ASSOCIATION May 25,2009.

ENVIRONMENTAL LAW - Written submission dated

FOREST INDUSTRIES - Written submission dated

BETTY STONE - Written submission dated May 25,2009.

CHRIS KELLS - Written submission dated May 22, 2009.

JASBINDRA MAHAL - Written submission dated May 8, 2009.

KEN GEISER - Written submission dated May 19,2009.

ANN MCGOEY - Written submission dated May 15,2009.

HEATHER MENDELA - Written submission dated May 14,2009.

At 5:39 p.m., the Committee adjourned until 2:00 p.m. on Monday, June 1,2009.

~ Clerk of the Committee.

ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 31

MONDAY, JUNE 1,2009


The Committee met at 2:11 p.m. this day, the Vice-Chair, Mr. Brownell, presiding.

Members of the Committee present: Robert Bailey, MPP; Jim Brownell, MPP; Linda Jeffrey, MPP; Kuldip Kular, MPP; Bill Mauro, MPP; Carol Mitchell, MPP.

Substitutions present: Toby Barrett, MPP for Joyce Savoline, MPP; Kevin Flynn, MPP for David Orazietti, MPP; Peter Tabuns, MPP for Rosario Marchese, MPP.

In Attendance: Tara Partington, Legislative Counsel.

The Committee met pursuant to its Order of Reference dated Tuesday, May 5, 2009 to resume consideration of Bill 167, An Act to promote reductions in the use and creation of toxic substances and to amend other Acts.


The Official Opposition Critic, Mr. Barrett, made a statement.

On section 1:

Mr. Tabuns moved, - That section 1 of the Bill be amended by striking out "and" at the end of clause ( a), adding "and" at the end of clause (b) and adding the following clause:

(c) to apply the precautionary principle and promote sustainable development in carrying out the purposes set out in clauses (a) and (b)


Section 1 carried.

On section 2:

Mr. Tabuns moved, - That the definition of "toxic substance" in section 2 of the Bill be struck out and the following substituted:

"toxic substance" means,

(a) any substance identified in the National Pollutant Release Inventory issued from time to time under the authority of the Canadian Environmental Protection Act, 1999,

(b) any substance identified as a high hazard substance pursuant to the Chemicals Management Plan under the authority of the Canadian Environmental Protection Act, 1999,

(c) any substance capable of causing cancer to humans, or probably capable of causing cancer to humans, and identified as such in monographs issued from time to time by the International Agency for Research on Cancer,


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(d) any substance capable of causing cancer or reproductive toxicity and identified as such from time to time by the California Environmental Protection Agency under the authority of the Safe Drinking Water and Toxic Enforcement Act of 1986 (California), and

(e) any substance known to be capable of causing cancer in humans and identified as such in the Report on Carcinogens issued from time to time by the National Toxicology Program, United States Department of Health and Human Services;


Mr. Barrett moved, - That the definition of "toxic substance" in section 2 of the Bill be struck out and the following substituted:

"toxic substance" means, subject to subsection (2) a substance, other than a metal or alloy,

(a) that is identified as a toxic substance in Schedule 1 of the Canadian Environmental Protection Act, 1999 or that has been determined to be a toxic substance through the application of a process equivalent to the Chemicals Management Plan under the authority of that Act, and

(b) prescribed by the regulations as a toxic substance;


Mr. Barrett moved, - That the definition of "substance of concern" in section 2 of the Bill be struck out.


Mr. Tabuns moved, - That section 2 of the Bill be amended by adding the following definition:

"safer alternative" means an option that includes input substitution as well as a change in chemical, material, product, process, function, system or action, whose adoption to replace a toxic substance currently in use would be the most effective in reducing overall potential harm to public health and safety, workplace health and safety or the environment;


Mr. Tabuns moved, - That section 2 of the Bill be amended by adding the following definition:

"sustainable development" means development that meets the needs of the present without compromising the ability of future generations to meet their own needs;


Section 2 carried.

On section 3:

Mr. Tabuns moved, - That paragraph 1 of section 3 of the Bill be struck out and the following substituted:

1. The facility,

I. is a sewage treatment plant,


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n. is a facility for the production of energy, or

iii. belongs to a class of facilities prescribed by the regulations.


Mr. Bailey Mr. Tabuns

Mr. Flynn Mr. Kular Mrs. Mitchell

AYES

NAYS

Mr. Barrett


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Mr. Tabuns moved, - That paragraphs 2 and 3 of section 3 of the Bill be struck out and the following substituted:

2. The toxic substance is used or created at the facility and the amounts of the substance that are used or created are greater than,

I. 100 kg per year, or

ii. a quantity that is less than 100 kg per year, if such a quantity is prescribed.


Mr. Flynn moved, - That section 3 of the Bill be amended by adding the following subsection:

(2) A single document may contain more than one toxic substance reduction plan


Section 3, as amended, carried.

On section 4:

Mr. Barrett moved, - That paragraph 1 of subsection 4 (1) of the Bill be amended by striking out "that the owner or the operator of the facility intends" and substituting "that the owner or the operator of the facility intends, on a risk prioritized basis" at the end of the portion before subparagraph i.


Mr. Barrett moved, - That paragraph 1 of subsection 4 (1) of the Bill be amended by striking out "and" at the end of subparagraph i, adding "and" at the end of subparagraph ii and adding the following subparagraph:

1Il. to reduce the level of emissions of toxic substances for the total facility, on a risk prioritized basis.


Mr. Barrett moved, - That paragraph 4 of subsection 4 (1) of the Bill be struck out and the following substituted:


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4. A description of the total facility that uses or creates the toxic substance, including,

i. a description of how, when and where the substance is emitted from the total facility, and

11. quantifications that,

A. were made under section 9 before the plan was prepared, and

B. were used to prepare the plan.


Mr. Barrett moved, - That paragraph 5 of subsection 4 (1) of the Bill be struck out and the following substituted:

5. A description and analysis of the options, determined based on consideration of the risk of exposure to emissions, for reducing the use and creation of the toxic substance at the facility.


Mr. Barrett moved, - That subsection 4 (1) of the Bill be amended by adding the following paragraph:

7.1 In the case of a facility that uses the toxic substance in relation to the use and processing of raw material feedstocks from nature, such as crude oil, rocks and trees,

i. a description and analysis of options, determined based on consideration of the risk of exposure to emissions, that were considered for reducing the emission of the toxic substance into air, water and land,

11. a statement identifying the options described in subparagraph i that will be implemented, or a statement that none of the options will be implemented, and

Ill. if an option described in subparagraph i will be implemented, the items set out in subparagraphs 7 i to v, with necessary modifications.


Mr. Barrett moved, - That section 4 of the Bill be amended by adding the following subsection:

(1.1) A facility is not required to include the items described in paragraphs 4, 5, 6 and 7 of subsection (l) in a toxic substance reduction plan for a toxic substance if the use of the toxic substance relates to the use and processing of raw material feedstocks from nature, such as crude oil, rocks and trees.


Section 4 carried.



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On section 8:

Mrs. Mitchell moved, - That clause 8 (l) (b) of the Bill be amended by striking out "available to the public" and substituting "available to the public on the Internet and by other means".


Mr. Bailey moved, - That section 8 of the Bill be amended by adding the following subsection:

(1.1) For the purposes of clause (l) (b), the owner and the operator of a facility is only required to make available to the public the portions of a summary that relate to the risk of exposure to emissions.


Mrs. Mitchell moved, - That section 8 of the Bill be amended by adding the following subsection:

(3) Summaries of more than one toxic substance reduction plan may be contained in a single document.



On section 9:

Mr. Barrett moved, - That section 9 of the Bill be struck out and the following substituted:

9. (1) The owner and the operator of a facility who are required under section 3 to ensure that a toxic substance reduction plan is prepared for a toxic substance shall ensure that, for the total facility, the net use and the total emissions of the substance from the total facility are quantified in accordance with the regulations.

(2) Subsection (I) does not apply if the facility's use of the toxic substance relates to the use and processing of raw material feedstocks from nature, such as crude oil, rock and trees.


Section 9 carried.

On section 10:


(2.1) Reports prepared under this section with respect to more than one toxic substance may be contained in a single document.



(3.1) Despite subsection (3), a facility is not required to disclose to the public the use or presence of a toxic substance at the facility if,


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(a) the disclosure would result in disclosure of the facility's proprietary information or other information that could create competitive disadvantage for the facility in relation to competitors in Ontario and in other jurisdictions; or

(b) the disclosure would cause increased security concerns for the facility.


Mrs. Mitchell moved, - That section 10 of the Bill be amended by,

(a) striking out "available to the public" in subsection (3) and substituting "available to the public on the Internet and by other means"; and

(b) striking out "available to the public" in subsection (4) and substituting "available to the public on the Internet and by other means".



(5) Despite subsection (4), the Director shall not make information available to the public linking a toxic substance to a consumer product unless the toxic substance is identified as a toxic substance in Schedule I to the Canadian Environmental Protection Act, 1999.



On section 10.1:

Mr. Tabuns moved, - That the Bill be amended by adding the following section:

10.1 (I) The Minister shall establish a body known as the Ontario Toxic Substance Use Reduction and Safer Alternatives Institute, which may be affiliated with one or more universities or colleges in Ontario.

(2) The purposes of the institute established under subsection (I) include,

(a) providing general information about and publicizing advantages of and developments in toxic substance use reduction and safer alternatives;

(b) establishing courses, seminars, conferences and other events, reports, updates, guides and publications to provide technical information for facilities;

( c) working in cooperation with the Ministry, other ministries and other levels of government regarding promotion of toxic substance use reduction and safer alternatives;

(d) developing and providing curriculum and training for higher education students and faculty on toxic substance use reduction and safer alternatives;

(e) engaging in research, development and demonstrations of toxic substance use reduction and safer alternatives, including assessments of the impact of adopting such methods on the environment, public and workplace health, the economy and employment within affected facilities;


-7-(t) developing by a prescribed date and in conjunction with the Ministry

and any other prescribed ministries, a toxic substance use reduction and safer alternatives planning program for individuals who wish to be certified as toxic substance use reduction and safer alternatives planners;

(g) sponsoring research or pilot projects to develop and demonstrate innovative technologies for toxic substance use reduction and safer alternatives;

(h) assisting in the training of inspectors and others, if so requested by the Ministry;

(i) providing toxic substance use reduction training and assistance to individuals, community groups, workers, and municipal govemment representatives so as to allow them to understand and review reporting requirements, toxic substance reduction plan summaries, and other information available to the public under this Act; and

G) conducting studies on potential restrictions on the use of toxic substances in Ontario, including,

(i) existing provincial, national, and international experiences with restrictions,

(ii) social, environmental, and economic costs and benefits of adopting restrictions, and

(iii) specific toxic substances that should be considered for restrictions in the province and how such restrictions could be implemented.

(3) The planning program referred to in clause (2) (t) shall provide training with respect to the following:

I. Assisting facilities in the development and implementation of current toxic substance use reduction and safer alternatives.

2. Preparing, reviewing and approving toxic substance reduction plans.

(4) The institute established under subsection (l) shall apply the precautionary principle and the principles of sustainable development in carrying out its duties and responsibilities under this Act.


Mr. Tabuns

Mr. Bailey Mrs. Jeffrey Mr. Mauro

On section 10.2:

AYES

NAYS

Mr.F1ynn Mr. Kular Mrs. Mitchell


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10.2 (1) The Government of Ontario shall take measures to achieve the following targets through the use of toxic substance use reduction and safer alternatives:

1. Within five years after the coming into force of this Act, a 50 per cent reduction in the use of toxic substances in Ontario from quantities released in the year the Act came into force.

2. Within five years after the coming into force of this Act, a 20 per cent reduction in the use of toxic substances in Ontario from quantities used in the year the Act came into force.

3. Within 10 years after the coming into force of this Act, a 40 per cent reduction in the use of toxic substances in Ontario from quantities used in the year the Act came into force.


Mr. Tabuns

Mr. Bailey Mr. Flynn Mr.Kular Mrs. Mitchell

On section 10.3:

AYES

NAYS

Mr. Barrett Mrs. Jeffrey Mr. Mauro


10.3 (1) Upon the coming into force of this Act, the Minister shall,

-I

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(a) establish a fund to be known as the Toxic Substance Use Reduction and Safer Alternatives Fund; and

(b) appoint an administrator who shall be responsible to the Minister for meeting the purpose of the fund.

(2) The purpose of the fund referred to in subsection (1) is to provide monies, which shall be dedicated and used to enable the Minister, the Ministry and other ministries to meet their obligations in implementing this Act.

(3) The fund shall have credited and transferred to it on an annual basis monies from the following sources:

1. All fees imposed on facilities pursuant to section 10.4.

2. All fees collected in connection with licences under the authority of clause 49 (1) (e).

3. All fees collected as penalties for contraventions of offences under this Act.

4. Any grant, gift or other contribution explicitly made to the fund.


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5. Any interest earned on monies in the fund.

6. Any other monies that may be available or may be appropriated from the consolidated revenue fund for the implementation of this Act.

RULING BY THE CHAIR

THE VICE-CHAIR: Standing Order 57 states: Any bill, resolution, motion or address, the passage of which would impose a tax or specifically direct the allocation of public funds, shall not be passed by the House unless recommended by a message from the Lieutenant Governor, and shall be proposed only by a minister of the Crown. I therefore rule this motion out of order as it specifically directs the allocation of public funds.

On section 10.5:


10.5 (1) The Minister shall, in consultation with other ministries, colleges, universities and private consortia, facilitate business transition to toxic substance use reduction and safer alternatives in Ontario by establishing a technical assistance program for businesses.

(2) The technical assistance program for businesses shall include the following:

1. Programs to evaluate technologies, encourage university research and industrial collaboration, attract funding and additional support through federal and private sector grants and financial assistance.

2. Direct grants and loans to businesses for costs required to implement toxic substance use reduction and safer alternatives.

3. Technical support for individual companies or sectors.

4. Technical assistance in assessing toxic substance use reduction and safer alternatives and assistance in forming groups to assess and develop safer alternatives.

5. Research and development of safer alternatives, including demonstration projects.

6. Market development programs to create demand for safer alternatives.

7. Conferences, seminars, and workshops focused on solving problems and evaluating technology development opportunities for particular sectors.

8. Publications to assist particular sectors develop and implement toxic substance use reduction and safer alternatives.

9. Such other measures as may be prescribed.


On section 10.6:



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10.6 (1) The Minister shall, in consultation with the Minister of Labour, colleges and universities, cooperate in facilitating employee transition to toxic substance use reduction and safer alternatives in Ontario by establishing a technical assistance program for employees.

(2) The Ministers mentioned in subsection (l) shall jointly develop a plan to ensure just and fair transition to re-employment assistance, vocational re-training or other support or arrangements to enable any employee displaced in the province as a result of the implementation of toxic substance use reduction or safer alternatives measures to be,

(a) eligible for an available job with at least equivalent wages, benefits, and working conditions;

(b) eligible for vocational re-training and job placement;

(c) entitled to receive re-employment assistance and health benefits; and

(d) entitled to receive any additional benefits pursuant to the provisions of a collective bargaining agreement.


Mr. Tabuns

Mr. Flynn Mr. Kular Mrs. Mitchell

On section 10.7:

AYES

NAYS



-1

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10.7 (I) Not later than one year following the coming into force of this Act, and every two years after, the Minister shall identify and publish a list under subsections (4) and (5) of not more than 10 potential priority toxic substances of concern commonly used in Ontario industry or used in products sold in Ontario.

(2) The first list published under subsection (I) shall be known as List 1 and the subsequent lists shall be numbered sequentially and shall each contain, subject to subsection (6), not more than 10 toxic substances.

(3) In determining whether a toxic substance should be identified as potential priority toxic substance under subsection (I), the Minister shall consider,

(a) whether the substance is a carcinogen, mutagen or reproductive toxin;

(b) whether the substance is persistent or bioaccumulative;

( c) whether the substance is an endocrine disruptor;

(d) whether the substance is inherently toxic;

(e) the extent to which the substance is used in Ontario industry or III

products sold in Ontario;


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(f) the extent to which sensitive populations are exposed to the substance; and

(g) such other characteristics as may be prescribed.

(4) The Minister shall ensure that notice of a list referred to in subsection (1) is made available to the public and shall seek comment from the public regarding,

(a) prioritization of assessment of substances on the list,

(b) whether substances should be added to the list, and

(c) whether substances should be deleted from the list.

(5) Following the consultation referred to in subsection (4), the Minister shall make available to the public the final version of the'list containing the order in which priority toxic substances on the list shall be the subject of safer alternative assessment reports under subsection (7).

(6) Despite subsection (I), the Minister may at any time add a substance. to a list, in which case subsections (4) and (5) shall apply at that time and the list may contain more than 10 priority toxic substances.

(7) Within 180 days after the publication of a final version of a list referred to in subsection (5) and every year after, the Minister shall select priority toxic substances from the list in the order in which they appear on the list and ensure that a safer alternatives assessment report that evaluates the availability of safer alternatives to these substances is conducted and published.

(8) The content of a safer alternatives assessment report for a priority toxic substance shall include the following:

I. The uses and functions of the priority toxic substance.

2. The uses that result in the greatest volume or dispersion of, or highest exposure to, the priority toxic substance in the indoor, workplace, and natural environment.

3. Consideration of the potential impacts to human health and the environment of the continued use of the priority toxic substance.

4. Whether any of the eXlstmg uses of the priority toxic substance are trivial or clearly unnecessary.

5. The public policy implications of a reduction in the use of the priority toxic substance where its current use is non-trivial or clearly necessary.

6. Whether alternatives are available for the uses and functions of the priority toxic substance.

7. Whether the alternatives identified in paragraph 6 are unacceptable, require further study, or are safer than the priority toxic substance.

8. A qualitative discussion of the economic feasibility, opportunities or costs associated with adopting and implementing any safer alternatives to the priority toxic substance including a qualitative characterization of,

i. the economic impacts of adopting and implementing a safer alternative on the Ontario economy,

ii. any impacts on the workforce or quality of work life,


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111. potential costs or benefits to existing business,

IV. potential impact on the cost of providing health care if the product is a medical product, and

v. the extent of human .exposure to the priority toxic substance that could be eliminated and health care costs saved by adopting and implementing a safer alternative.

9. Recommendations on a course of action that should be employed with respect to the priority toxic substance, including whether all uses of the substance should be prohibited.

10. Such other matters as may be prescribed.

(9) The Minister shall ensure that notice of a draft of a safer alternative assessment report is made available to the public and shall seek connnent from the public on the contents of the draft report before the report is finalized.

(10) Following the consultation referred to in subsection (9), the Minister shall make available to the public the final version of a safer assessment report.

(11) The Minister shall ensure that not later than three years after the pUblication of a final version of a list under subsection (5), an assessment report has been drafted and finalized for each priority toxic substance on the list.

(12) Not more than one year after the publication of a final version of a safer alternative assessment report for a priority toxic substance under subsection (10), the Minister shall use the report to establish an alternatives action plan for that substance.

(13) The goal of an alternatives action plan shall be to coordinate the activities of the government of Ontario and to require users of priority toxic substances to,

(a) act as expeditiously as possible to ensure substitution of a priority toxic substance with a safer alternative while,

(i) minimizing job loss, and

(ii) mitigating any other potential unintended negative impacts; and

(b) achieve such other goals as may be prescribed.

(14) Each alternatives action plan shall contain the following:

1. Timetables, schedules and deadlines for achieving substitution of a priority toxic substance with safer alternatives for specified uses.

2. Requirements for all facilities that manufacture, process, or otherwise use a priority toxic substance to demonstrate how they will substitute all specified uses of the substance with a safer alternative, including with respect to consumer products containing the priority toxic substance.

3. Where the safer alternatives assessment report indicated that safer alternatives are feasible and of comparable cost and that all uses of the substance should be prohibited, a specific timetable for substituting a safer alternative for the priority toxic substance.


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4. Where the Minister determines that implementation of the alternatives action plan for the substitution of a substanGe, or speGified uses of a substance, will take longer than five years, a requirement for plain language labelling of products containing the substance identifYing that the substance is present in the product and the impact of the substance on human health and the environment.

5. Where the safer alternatives assessment report finds that safer alternatives are feasible but require extensive capital expenditure or training, the Minister shall implement technical assistance programs for businesses and employees.

6. Where the safer alternatives assessment report finds that safer alternatives are not feasible, the alternatives action plan shall designate research and development activities to be undertaken with a view to examining the future feasibility of finding safer alternatives for the substance.

7. Such other items as may be prescribed.

(15) The Minister shall ensure that notice of a draft of an alternatives action plan is made available to the public and shall seek comment from the public on the contents of the draft plan before the plan is finalized.

(16) Following the consultation referred to in subsection (15), the Minister shall make available to the public the final version of an alternatives action plan for a substance.

(17) Following the publication of the final version of the plan referred to in subsection (16), all ministries shall take any required actions as set out in the plan.

(18) When exercising the duties and responsibilities set out in this section, the Minister shall have regard to the precautionary principle and the principles of sustainable development.


Mr. Tabuns

Mr. Barrett Mrs. Jeffrey Mrs. Mitchell

On section 10.8:

AYES

NAYS

Mr. Flynn Mr.Kular


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10.8 (1) The public shall have access to the information set out in subsection (2) by the means identified in subsections (3), (4), (5), (6), and (7).

(2) The Minister shall establish, maintain and make public a pollutant inventory that contains at least the following information:

I. The alphabetical index record referred to in subsection 19 (9) of the Environmental Protection Act. .


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2. All records that are filed in the Environmental Site Registry established under section 168.3 ofthe Environmental Protection Act.

3. All reports submitted under section 6 of Ontario Regulation 127/01 (Airborne Contaminant Monitoring and reporting) made under the Environmental Protection Act, R.S.O. 1990, c. E.19.

4. All reports supplied to the Ministry under the following regulations made under the Environmental Protection Act:

1. Ontario Regulation 560/94 (Effluent Monitoring and Effluent Limits - Metal Mining Sector).

II. Ontario Regulation 215195 (Effluent Monitoring and Effluent Limits - Electric Power Generation Sector).

111. Ontario Regulation 561194 (Effluent Monitoring and Effluent Limits - Industrial Minerals Sector).

iv. Ontario Regulation 64/95 (Effluent Monitoring and Effluent Limits - Inorganic Chemical Sector).

v. Ontario Regulation 214/95 (Effluent Monitoring and Effluent Limits - Iron and Steel Manufacturing Sector).

v!. Ontario Regulation 562/94 (Effluent Monitoring and Effluent Limits - Metal Casting Sector).

vii. Ontario Regulation 63195 (Effluent Monitoring and Effluent Limits - Organic Chemical Manufacturing Sector).

viii. Ontario Regulation 537/93 (Effluent Monitoring and Effluent Limits - Petroleum Sector).

iv. Ontario Regulation 760/93 (Effluent Monitoring and Effluent Limits - Pulp and Paper Sector).

5. The alphabetical index record referred to in section 13.l of the Ontario Water Resources Act.

6. All reports required under sections 61 and 81 of the Clean Water Act, 2006.

7. All notices provided to the Ministry under section 29 of the Pesticides Act.

8. The alphabetical index record referred to in subsection 31 (8) of the Pesticides Act.

9. All adverse drinking water test results reported under section 18 of the Safe Drinking Water Act, 2002.

10. Prescribed information, including information about the impacts of environment and human health.

consumer product labelling prescribed pollutants on the

(3) The Minister shall ensure that the inventory established under subsection (2) is kept current and includes instructions in plain English and French on how to use the inventory.


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(4) The Minister shall ensure that the information contained in the inventory established under subsection (2) is capable of being searched by the following criteria:

1. The name of the pollutant.

2 The name of the person responsible for the pollutant.

3. The geographic region, including postal code.

4. The number of the regulation under which the information was filed.

5. The instrument to which the information relates.

6. The type of impact on the environment.

7. The type of impact on human health.

(5) The Minister shall ensure that reports, organized by the criteria set out in subsection (4) and by other prescribed criteria, may be created by a user of the inventory established under subsection (2).

(6) The requirement set out in this section to publish and maintain the inventory established under subsection (2) applies,

(a) in addition to any other requirements under this Act or any other Act respecting public access to the documents listed in subsection (2); and

(b) despite any requirement in any other Act or regulation that would limit the disclosure or use of the documents listed in subsection (2).

(7) No prescribed supplier shall supply to a consumer products that expose the consumer to a toxic substance unless the supplier includes a warning of the exposure in the prescribed manner.

(8) Despite clause 38 (1) (d) of the Occupational Health and Safety Act, upon the coming into force of this Act, an employer shall furnish forthwith to the fire department which serves the location in which the workplace is located, a copy of every unexpired material safety data sheet required by that Act in respect of hazardous materials in the workplace as defined under that Act.


Mr. Tabuns

Mr. Flynn. Mr. Kular

On section 11:

AYES

NAYS


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(2) Reports prepared under this section with respect to more than one substance of concern may be contained in a single document.


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Mr. Barrett moved, - That section 11 of the Bill be struck out.

RULING BY THE CHAIR

THE VICE-CHAIR: Parliamentary procedure dictates that you must vote against a section to remove it from a bill. I therefore rule this motion out of order.

After debate, the question being put on section 11, as amended, it was carried.

On section 11.1:

Mrs. Mitchell moved, - That the Bill be amended by adding the following section:

11.1 (1) The Minister shall annually prepare a report describing progress relating to implementation of this Act.

(2) The Minister shall make the reports prepared under subsection (1) available to the public on the Internet and by other means in accordance with the regulations.


Sections 12 and 13 carried.

On section 14:

Mr. Barrett moved, - That clause 14 (1) (a) of the Bill be amended by striking out the words "or substance of concern".


Section 14 carried.


On section 29:

Mr. Barrett moved, - That clause 29 (1) (a) of the Bill be amended by striking out "or a report on a substance of concern is prepared under section 11".


Section 29 carried.

Sections 30 to 3 8 inclusive carried.

On section 39:

Mrs. Mitchell moved, - That subsection 39 (3) of the Bill be amended by striking out "the Minister, the Director or a provincial officer" and substituting "the Director or a provincial officer".





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On section 44:

Mr. Barrett moved, - That section 44 of the Bill be amended by striking out "the document is revised to meet all of the requirements" and substituting "the document was prepared in accordance with the purposes of this Act.".


Mrs. Mitchell moved, - That section 44 of the Bill be amended by striking out "as long as the document is revised to meet all of the requirements of this Act and the regulations" at the end and substituting "as long as all of the requirements of this Act and the regulations are met".




On section 48:

Mrs. Mitchell moved, - That section 48 of the Bill be struck out and the following substituted:

48. (1) The Minister shall, at least once every five years, consult with experts and the public about,

(a) possible changes to the lists of substances that are prescribed as toxic substances and as substances of concern; and

(b) possible changes to the regulations prescribed for the purposes of paragraphs 2 and 3 of section 3 and paragraph 2 of section 11.

(2) The Minister shall from time to time publish lists of substances that are not toxic substances or substances of concern but that the Minister proposes to consider during the next consultation under clause (1) (a).



On section 49:

Mrs. Mitchell moved, - That subsection 49 (I) of the Act be amended by adding the following clause:

(c. I) setting targets relating to toxic substances;



(1.1) A regulation made under subsection (l) does not apply to the extent that it overlaps or conflicts with a provision of an Act or regulation made by the Government of Canada respecting toxic substances.




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On section 50:


RULING BY THE CHAIR

THE VICE-CHAIR: Parliamentary procedure dictates that you must vote against a section to remove it from a bill. I therefore rule this motion out of order.

After debate, the question being put on section 50, it was carried.


On section 64:

Mr. Barrett moved, - That clause 49 (1) (n.l) of the Toxics Reduction Act, 2009 as set out in section 64 of the Bill be struck out and the following substituted:

(n.l) prohibiting or regulating the manufacturing, sale or distribution of,

(i) a toxic substance or any other substance prescribed by the regulations, or

(ii) anything that contains a toxic substance or any other substance prescribed by the regulations;


Mr. Barrett moved, - That clause 49 (I) (n.l) of the Toxics Reduction Act, 2009 as set out in section 64 of the Bill be struck out and the following substituted:

(n.!) prohibiting or regulating the manufacturing, sale or distribution of a toxic substance, a substance of concern or any other substance prescribed by the regulations.



(2) Section 49 of this Act is amended by adding the following subsection:

(3) A regulation made under clause (1) (n.l) or (n.2) may only be made if,

(a) the substance or consumer product that is the subject of the regulation is not regulated under the Food and Drugs Act (Canada) or the Canadian Environmental Protection Act, 1999;

(b) in the OpInIOn of the Lieutenant Governor in Council, the inherent toxicity of the substance or consumer product that is the subject of the regulation and the environmental and human health exposure related to the substance or product indicate that the regulation is necessary; and

(c) the facilities affected by the regulation have been consulted.




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RULING BY THE CHAIR

THE VICE-CHAIR: Parliamentary procedure dictates that you must. vote against a section to remove it from a bill. I therefore rule this motion out of order.

Section 64 carried.


On section 68.1:

Mr. Tabuns moved, -That the Bill be amended by adding the following section:

68.1 The Occupational Health and Safety Act is amended by adding the following section:

36. (1) An employer shall make or cause to be made and shall maintain an inventory of all hazardous materials and all hazardous physical agents that are present in the workplace.

(2) The inventory required by subsection (I),

(a) shall contain such information as may be prescribed; and

(b) shall be prepared in consultation with the committee or health and safety representatives, if any, for the workplace or with a worker selected by the workers to represent them, if there is no committee or health and safety representative.

(3) Where an inventory required by subsection (I) is amended during a year, the employer, not later than the first day of February in the following year, shall prepare a revised version of the inventory incorporating all changes made during the preceding year.

(4) Where, under the regulations, an employer is required to identify or obtain the identity of the ingredients of a hazardous material, the employer is not in contravention of the regulations if the employer has made every effort reasonable in the circumstances to identify or obtain the identity of the ingredients.

(5) An employer shall advise a Director in writing if, after making reasonable efforts, the employer is unable to identify or obtain the identity of the ingredients of a hazardous material as required by the regulations.

(6) Except as may be prescribed, subsection (1) does not apply to an employer who undertakes to perform work or supply services on a project in respect of materials to be used on the project.

(7) The employer shall keep readily accessible at the workplace a floor plan, as prescribed, showing the names of all hazardous materials and their locations and shall post a notice stating where the floor plan is kept in a place or places where they are most likely to come to the attention of workers.

RULING BY THE CHAIR

THE VICE-CHAIR: This motion is out of order as the Occupational Health and Safety Act is not open in Bill 167.


ADJOURNMENT:


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The title of the bill carried.


Ordered, - That the Vice-Chair report Bill 167, as amended, to the House.


EXHIBIT NO. 1I08/034A LEGISLATIVE RESEARCH SERVICE - Final Summary of Recommendations dated May 28,2009.

EXHIBIT NO. 1I08/034B LEGISLATIVE RESEARCH SERVICE Background Information on Bill 167, the Toxics Reduction Act, 2009 dated May 28, 2009.

EXHIBIT NO. 1I08/034C LEGISLATIVE RESEARCH SERVICE Document from the Massachusetts Toxics Use Reduction Institute entitled "Categorization of the Toxics Use Reduction."

EXHIBIT NO. 1I08/034D LEGISLATIVE RESEARCH SERVICE - Followup to Background Information on Bill 167, the Toxics Reduction Act, 2009.

EXHIBIT NO. 1I08/035A REGISTERED NURSES' ASSOCIATION OF ONTARIO (RNAO) - Written submission, form. letter dated May 22, 2009 with approximately 307 copies with different signatures.

EXHIBIT NO. 1/08/035B REGISTERED NURSES' ASSOCIATION OF ONTARIO (RNAO) - Written submission entitled "Supplementary Submission on Bill 167."




CITIZENS FOR A SAFE ENVIRONMENT (CSE) - Written submission dated May 25, 2009.

FOOD AND CONSUMER PRODUCTS OF CANADA Written submission dated May 25, 2009.

HUGH DOBSON - Written submission dated May 22, 2009.

At 4:37 p.m., the Committee adjoumed to the call of the Chair.

~ Trevor Day, Clerk of the Committee.

ORDER:

ATTENDANCE:



MEETING NUMBER 32

THURSDAY, AUGUST 6, 2009


The Committee met at 9:02 a.m. this day, the Chair, Mr. Orazietti, presiding.

Members of the Committee present: Kuldip Kular, MPP; Bill Mauro, MPP; Carol Mitchell, MPP; David Orazietti, MPP.

Substitutions present: Toby Barrett, MPP for Robert Bailey, MPP; Gilles Bisson, MPP for Rosario Marchese, MPP; Michael Brown, MPP for Linda Jeffrey, MPP; Mike Colle, MPP for Jim Brownell, MPP; Randy Hillier, MPP for Joyce Savoline, MPP.

Members, not of the Committee, present: Michael Prue, MPP; Paul Miller (Hamilton East-Stoney Creek), MPP.

Witnesses: From the Ontario Real Estate Association: Barbara Sukkau, Chair, Government Relations Cornmittee; Jim Flood, Director, Government Relations Committee; Peter Griesbach, Member

From the Ontario Forest Industries Association: Scott Jackson, Manager, Forest Policy.

John Edmond.

From World Wildlife Fund, Canada: Monte Hummel, President Emeritus.

From Bedford Mining Alert: Alexander Cameron, Chair; Marilyn Crawford, Member, Steering Committee.

From Nishnawbe Aski Nation: Stan Beardy, Grand Chief; Stephen Kudaka.

From the Ontario Bar Association: Jim Blake, Member; Kenning Marchant, Member.

From the Ontario Waterpower Association: Paul Norris, President.

From Windigo First Nations Council: Frank McKay, Council Chair.

From the Canadian Boreal Initiative: Larry Innes, Executive Director.

From the Coalition for Balanced Mining Act Reform: Charles Ficner; David Gill.

From the Ontario Prospectors Association: Garry Clark, Executive Director.

From the Prospectors and Developers Association of Canada: Jon Baird, President; Michael Hardin, External Legal Consultant.

From the Citizens' Mining Advisory Group: Kay Rogers, Director.

Robert Lawrence.

From the Community Coalition Against Mining Uranium: Wolfe Erlichman, President.

PROCEEDINGS:


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From Sagamok Anishnawbek: Paul Eshkakogan, Chief; Dean Assinewe, Minerals Development Coordinator.

From Mining Watch Canada: Ramsey Hart, Coordinator, Canadian Program.

From Ontario Nature: Caroline Schultz, Executive Director.

From Fight Unwanted Mining and Exploration: Robin Simpson, Co-Founder; Roger Young, Member.

From Cottagers Against Uranium Mining and Exploration: Susaune Lauten, Founder.

Stewart Jackson.


The Committee met pursuant to its Orders of Reference dated Wednesday, May 27,2009 and Wednesday, June 3, 2009 to consider Bill 173, An Act to amend the Mining Act and its Orders of Reference dated Wednesday, June 3, 2009 to consider Bill 191, An Act with respect to land use plauning and protection in the Far North.



Your Sub-committee met on Monday, June 22, 2009 to consider the method of proceeding on Bill 173, An Act to amend the Mining Act and Bill 191, An Act with respect to land use planning and protection in the Far North, and recommends the following:

1. That the Committee meet in Toronto on Thursday, August 6, 2009 for the purpose of holding public hearings.

2. That the Committee meet in Sioux Lookout, Thunder Bay, Chapleau and Timmins during the week of August 10,2009 for the purpose of holding public hearings.

3. That the Committee Clerk, with the authorization of the Chair, post information regarding public hearings in a daily or weekly paper in each of the locations for one day during the week of June 29, 2009. This is to include French and First Nations newspapers where possible.

4. That the Committee Clerk, with the authorization of the Chair, post information regarding public hearings in the following publications: Northern Miner and Wawatay Newspaper.

5. That the Committee Clerk, with the authorization of the Chair, post information regarding public hearings on the Ontario Parliamentary chaunel, the Legislative Assembly website, the Canadian News Wire and Wawatay Radio.

6. That interested parties who wish to be considered to make an oral presentation contact the Committee Clerk by 12:00 noon on Thursday, July 23, 2009.

7. That groups and individuals be offered 15 minutes for their presentation. This will be followed by up to 5 minutes of questions by Committee Members.

8. That, in the event all witnesses caunot be scheduled, the Committee Clerk provide the members of the Sub-committee with a list of requests to appear by 2:00 p.m. on Thursday, July 23, 2009.


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9. That the members of Sub-committee prioritize and return the list of request to appear by 12:00 noon on Tuesday, July 28, 2009.

10. That late requests to appear be accepted for any location provided there are spaces available.

11. That the deadline for written submissions be 12:00 noon on Friday, September 4,2009.

12. That the Research Officer provide the Committee with a summary of presentations.




Mr. Brown Mr. Hillier Mrs. Mitchell

Mr. Bisson

AYES

NAYS

Mr. Colle Mr. Mauro



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Your Sub-committee met on Friday, July 31, 2009 to consider the method of proceeding on Bill 173, An Act to amend the Mining Act and Bill 191, An Act with respect to land use planning and protection in the Far North, and recommends the following:

1. That the Committee not approve the Fort Albany First Nation request for expense reimbursement.

2. That live audio streaming of the Committee's meetings in Sioux Lookout, Thunder Bay, Chapleau and Timmins be made available on the Legislative Assembly'S website.

3. That the Committee Clerk, in consultation with the Chair, post information regarding the availability of live audio streaming on the Ontario Parliamentary channel, the Legislative Assembly website, and the Canada NewsWire.

4. That the Committee meet from 9:00 a.m. to 6:00 p.m. on Thursday, August 6, 2009.




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Mr. Brown Mr. Hillier Mrs. Mitchell

Mr. Bisson

AYES

NAYS

Mr. Colle Mr. Mauro

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The witness, Ms. Sukkau, made a statement and, with Mr. Flood and Mr. Griesbach, answered questions.

The witness, Mr. Jackson, made a statement and answered questions.

The witness, Mr. Edmond, made a statement and answered questions.

The witness, Mr. Hummel, made a statement and answered questions.

The witness, Ms. Crawford, made a statement and, with Mr. Cameron, answered questions.

The witnesses, Grand Chief Beardy and Mr. Kudaka, made statements and Grand Chief Beardy answered questions.

The witnesses, Mr. Blake and Mr. Marchant, made statements and Mr. Blake answered questions.

The witness, Mr. Norris, made a statement and answered questions.

The witness, Mr. McKay, made a statement and answered questions.

At 12: 16 p.m., the Committee recessed until 1: 14 p.m.

At 1: 14 p.m., the Acting Chair (Mr. Colle) assumed the chair.

The witness, Mr. Innes, made a statement and answered questions.

At 1: 16 p.m., the Chair resumed the chair.

The witnesses, Mr. Gill and Mr. Ficner, made statements and answered questions.

The witness, Mr. Clark, made a statement and answered questions.

The witness, Mr. Baird, made a statement and, with Mr. Hardin, answered questions.

The witness, Ms. Rogers, made a statement and answered questions.

The witness, Mr. Lawrence, made a statement and answered questions.

The witness, Mr. Erlichman, made a statement and answered questions.

At 3 :02 p.m., the Acting Chair (Mr. Colle) resumed the chair.

The witnesses, Chief Esbkakogan and Mr. Assinewe, made statements and Chief Eshkakogan answered questions.


-sAt 3:36 p.m., the Chair resumed the chair.

The witness, Mr. Hart, made a statement and answered questions.

The witness, Ms. Schultz, made a statement and answered questions.

The witnesses, Mr. Simpson and Mr. Young, made statements and answered questions.

The witness, Ms. Lauten, made a statement and answered questions.

The witness, Mr. Jackson, made a statement and answered questions.


EXHIBIT NO. 1/09/001 MINISTRY OF NORTHERN DEVELOPMENT AND MINES - Briefing Binder relating to Bill 173, An Act to amend the Mining Act.

EXHIBIT NO. 1/09/002A MINISTRY OF NATURAL RESOURCES -Briefing Binder relating to Bill 191, An Act with respect to land use planning and protection in the Far North.

EXHIBIT NO. 1/09/002B MINISTERE DES RICHESSES NATURELLESC1asseur d'expose concernant Ie projet de loi 191, Loi relative a I' amenagement et it la protection du Grand Nord.








ONTARIO REAL ESTATE ASSOCIATION -Submission, speaking notes for Ms. Barb Sukkau.

ONTARIO FOREST INDUSTRIES ASSOCIATION - Submission, information package dated December 2007 entitled "The making of Ontario's new endangered species Act: a campaign summary report."

JOHN EDMOND - Submission dated July 30, 2009.

WORLD WILDLIFE FUND, CANADA Submission, information package including a document entitled "Consensus Advice to the Ontario Minister of Natural Resources"; a memo entitled "Nishnawbe Aski Nation Condemnation of Bill 191, the Far North Act."

BEDFORD MINING ALERT - Submission dated August 6, 2009.

NISHNAWBE ASKI NATION - Submission package including speaking notes; documents entitled "Resolution: 09/41 - Condemnation of Bill 191, The Far North Act" dated July 6, 2009; Letter addressed to Premier McGuinty entitled "Nishnawbe Aski Nation Condemnation of Bill 191, the Far North Act"; form letter entitled "Help Stop Bill 191 Petition Form" e-mailed by 84 persons.

ONTARIO BAR ASSOCIATION - Submission with respect to Bill 173.














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ONTARIO WATERPOWER ASSOCIATION -Submission, package with respect to Bill 191 including maps entitled "First Nation Communities" and "Ontario's Waterpower. .. Renewable, Reliable, Responsive. "

WINDIGO FIRST NATIONS COUNCIL Submission entitled "North Caribou Lake First Nation, Cat Lake First Nation - Land Use Plan."

COALITION FOR BALANCED MINING ACT REFORM - Submission, package including a document entitled "Three modest proposals to revise the Mining Act"; a document entitled "Statistics on mining employment GDP contribution and taxation in Ontario 2003 2005 2006"; a document entitled "Ontario production by industry at 2002 prices"; a document entitled "Ontario's Bill 173 to amend the mining act is both unbalanced and unjust"; a document entitled "Some sample changes to Bill 173 to bring Mining into balance"; a document entitled "Confiscation against the will of Parliament"; and a letter to the Minister of Northern Development and Mines entitled "Your determination to undermine the law."

ONTARIO PROSPECTORS ASSOCIATION -Submission.

PROSPECTORS AND DEVELOPERS ASSOCIATION OF CANADA - Submission, package including speaking notes for Mr. Jon Baird; a document requesting that Bill 191 not pass; a letter to the Hon. M. Gravelle, Minister of Northern Development and Mines; a letter to the Hon. D. Cansfield, Minister of Natural Resources.

CITIZENS' MINING ADVISORY GROUP -Submission.

COMMUNITY COALITION AGAINST MINING URANIUM - Submission dated August 6, 2009.

SAGAMOK ANISHNA WBEK - Submission dated August 6, 2009.

MINING WATCH CANADA - Submission dated August 6, 2009.

ONTARIO NATURE Submission dated August 6, 2009.

FIGHT UNWANTED MINING AND EXPLORATION Submission dated July 2009.

COTTAGERS AGAINST URANIUM MINING AND EXPLORATION - Submission dated August 6, 2009.

ADJOURNMENT





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STEWART JACKSON - Submission, package including a document entitled "Input for consideration reo Mining Act changes"; a document entitled "Northern Miner Editorial Page" dated July 9, 2009; a document entitled "Proposed revisions to the Mining Act of Ontario."

VARIOUS INDIVIDUALS - Written submission, 15 letters requesting that two organizations be selected for public hearings.

EASTERN ONTARIO WARDENS' CAUCUS -Written submission dated June 25, 2009.

EXHIBIT NO. 1/091025 HARCOURT PARK INC. - Written submission entitled "Re: Bill 173 Committee Hearings."

EXHIBIT NO. 1I091026A SEAN M. CROSSAN - Written submission.

EXHIBIT NO. 1I091026B SEAN M. CROSSAN - Written submission dated July 24, 2009.

EXHIBIT NO. 11091027 LOUIS GAAL - Written submission dated July 22, 2009.



RUBICON MINERALS CORPORATION Written submission dated July 31, 2009.

VARIOUS INDIVIDUALS - Written submission, form letter entitled "Help Stop Bill 191 Petition Form" with 68 different signatures.

At 5:00 p.m., the Committee adjourned until 9:00 a.m. on Monday, August 10, 2009.

~y Clerk of the Comniittee.

ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 33

MONDAY, AUGUST 10,2009

CONFERENCE ROOM, SUNSET SUITES

SIOUX LOOKOUT, ONTARIO

The Committee met at 9:02 a.m. this day.

Members of the Committee present: Linda Jeffrey, MPP; Bill Mauro, MPP; Carol Mitchell, MPP.

Substitutions present: Gilles Bisson, MPP for Rosario Marchese, MPP; Michael Brown, MPP for Linda Jeffrey, MPP; Randy Hillier, MPP for Joyce Savoline, MPP; Rick Johnson, MPP for Jim Brownell, MPP; Jerry Ouellette, MPP for Robert Bailey, MPP; Charles Sousa, MPP for David Orazietti, MPP.

Witnesses: From the Porcupine Prospectors and Developers Association: Bill MacRae, Vice-President and Past President.

From Cat Lake First Nation / Slate Falls First Nation: Steve Winsor, Project Manager; Wilfred Wesley, Community Liaison, Cat Lake First Nation.

From the Congress of Aboriginal Peoples: Kevin Daniels, Chief.

From the Ontario Coalition of Aboriginal People: Brad Maggrah, President.


The Committee met pursuant to its Orders of Reference dated Wednesday, May 27, 2009, and June 3, 2009 to resume consideration of Bill 173, An Act to amend the Mining Act and its Orders of Reference dated Wednesday, June 3, 2009 to resume consideration of Bill 191, An Act with respect to land use planning and protection in the Far North. .

The Clerk of the Committee advised the Committee of the absence of the Chair and Vice-Chair of the Committee.

The Clerk of the Committee presided over the election of an Acting Chair of the Committee.

Mrs. Mitchell moved, - That Mrs. Jeffrey do take the chair of the Committee as Acting Chair.

There being no further nominations, the Clerk of the Committee declared nominations closed and Mrs. Jeffrey duly elected as Acting Chair of the Committee.

The Acting Chair (Mrs. Jeffrey) assumed the chair.

The witness, Mr. MacRae, made a statement and answered questions.

The witnesses, Mr. Winsor and Mr. Wesley, made statements and answered questions.

The witness, Chief Daniels, made a statement and answered questions.

ADJOURNMENT:


-2-

The witness, Mr. Maggrah, made a statement and answered questions.

Mrs. Mitchell moved, - That the Committee commence clause-by-clause consideration of both bills on Monday, September 14, 2009 and that the administrative deadline for filing amendments with the Clerk of the Committee be Monday, September 7, 2009.


Mr. Brown Mr. Mauro Mr. Sousa

Mr. Bisson Mr. Ouellette

AYES

NAYS

Mr. Johnson Mrs. Mitchell

Mr. Hillier

-5

-3




PORCUPINE PROSPECTORS AND DEVELOPERS ASSOCIATION - Submission, speaking notes for Mr. Bill MacRae dated August 10,2009.

CAT LAKE FIRST NATION 1 SLATE FALLS NATION - Submission.

At 10:56 a.m., the Committee adjoumed until 9:00 a.m. on Tuesday, August 11, 2009.

~ff Trevor Day,


ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 34

TUESDAY, AUGUST 11,2009

SCANDIA ROOM, VALHALLA INN

THUNDER BAY, ONTARIO

The Committee met at 9:00 a.m. this day, the Acting Chair (Mrs. Jeffrey), presiding.

Members of the Committee present: Linda Jeffrey, MPP; Bill Mauro, MPP; Carol Mitchell, MPP.

Substitutions present: Gilles Bisson, MPP for Rosario Marchese, MPP; Michael Brown, MPP for Kuldip Kular, MPP; Randy Hillier, MPP for Joyce Savoline, MPP; Rick Johnson, MPP for David Orazietti, MPP; Jerry Ouellette, MPP for Robert Bailey, MPP; Lou Rinaldi, MPP for Jim Brownell, MPP.

Witnesses: From the Porcupine Prospectors and Developers Association: Bill MacRae, Vice-President and Past President.

From Grand Council Treaty Number Three: Diane Kelly, Grand Chief.

From the Municipality ofShuniah, District of Thunder Bay: Maria Harding, Reeve.

From Ojibways of the Pic River First Nation: Jamie Michano, Member.

From Ontario Nature: Peter Rosenbluth, Northern Connection Coordinator.

From the Northwestern Ontario Prospectors Association: Karl Bjorkman, Director.

From Kitchenulunaykoosib Inninuwug: Sam McKay, Counsellor.

From Common Voice Northwest: Gwen Garbutt, Secretary Treasurer.

From the Ontario Mining Association: Chris Hodgson, President.

From the Metis Nation of Ontario: Gary Lipinski, President.

From Three Elders: Mike Morris, Translator.

From the Central Federation of Mineralogical Societies: Robert Backett, President.


The Committee met pursuant to its Orders of Reference dated Wednesday, May 27, 2009 and Wednesday, June 3, 2009 to resume consideration of Bill 173, An Act to amend the Mining Act and its Orders of Reference dated Wednesday, June 3, 2009 to resume consideration of Bill 191, An Act with respect to land use planning and protection in the Far North.

The witness, Mr. MacRae, made a statement and answered questions.

The witness, Grand Chief Kelly, made a statement and answered questions.

The witness, Ms. Harding, made a statement and answered questions.

The witness, Mr. Michano, made a statement and answered questions.


-2-

The witness, Mr. Rosenbluth, made a statement and answered questions.

The witness, Mr. Bjorkman, made a statement and answered questions.

The witness, Mr. McKay, made a statement and answered questions.

The witness, Ms. Garbutt, made a statement and answered questions.

The witness, Mr. Hodgson, made a statement and answered questions.

At 11 :59 a.m., the Committee recessed until 1 :00 p.m.

The witness, Mr. Lipinski, made a statement and answered questions.

The witness, Mr. Morris, made a statement and answered questions.

The witness, Mr. Beckett, made a statement and answered questions.

At 1 :56 p.m., the Committee recessed until 2:02 p.m.










PORCUPINE PROSPECTORS AND DEVELOPERS ASSOCIATION - Submission.

GRAND COUNCIL TREATY NUMBER 3 -Submission entitled "Modernizing Ontario's Mining Act - Upholding the Honour of the Crown" dated August 11,2009.

MUNICIPALITY OF SHUNIAH, DISTRICT OF THUNDER BAY - Submission, speaking notes of Reeve Maria Harding.

ONTARIO NATURE - Submission relating to Bill 173 dated August 11, 2009.

NORTHWESTERN ONTARIO PROSPECTORS ASSOCIATION - Submission, speaking notes for Mr. Karl Bjorkman.

KITCHENUHMA YKOOSIB INNINUWUG Submission dated August 11, 2009.

COMMON VOICE NORTHWEST - Submission, speaking notes for Ms. Gwen Garbutt dated August II, 2009.

ONTARIO MINING ASSOCIATION Submission, speaking notes for Mr. Chris Hodgson dated August 11, 2009.

EXHIBIT NO. 1I091040A METIS NATION OF ONTARIO - Submission, speaking notes for Mr. Gary Lipinski.

EXHIBIT NO. 1I091040B METIS NATION OF ONTARIO - Submission, brochure entitled "A guide for government and industry on engaging Metis in Ontario."

EXHIBIT NO. I/09104IA THREE ELDERS - Submission, map entitled "The Ten Communities of the Kitchenuhmaykoosib & Ojijakoosuk Omajiiweenehwah."

EXHIBIT NO. 1I09104lB THREE ELDERS - Submission relating to the Far North Act.

ADJOURNMENT:


-3-

At 2:03 p.m., the Committee adjourned until 11:00 a.m. in Chapleau on Wednesday, August 12, 2009.

#J~ Trevor Day,


ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 35

WEDNESDAY, AUGUST 12,2009

CHAPLEAU RECREATION AND COMMUNITY COMPLEX

CHAPLEAU,ONTARIO

The Committee met at 11:03 a.m. this day, the Acting Chair (Mrs. Jeffrey), presiding.

Members of the Committee present: Linda Jeffrey, MPP; Carol Mitchell, MPP.

Substitutions present: Gilles Bisson, MPP for Rosario Marchese, MPP; Michael Brown, MPP for Kuldip Kular, MPP; Joe Dickson, MPP for David Orazietti, MPP; Phil McNeely, MPP for Jim Brownell, MPP; Jerry Ouellette, MPP for Robert Bailey, MPP; Lou Rinaldi, MPP for Bill Mauro, MPP.

Witnesses: From the City of Timmins Mining Act Committee I the Porcupine Prospectors and Developers Association: Robert Calhoun, Member, City Mining Act Committee and Past President, Porcupine Prospectors and Developers Association.

From the Boreal Prospectors Association: Michael Fox, President.

From the Chiefs of Ontario: Angus Toulouse, Chief.

From the Northwestern Ontario Prospectors Association: Dave Hunt, VicePresident.

From Whitewater Lake First Nation: Arlene Slippetjack, Chief.

From Nishnawbe Aski Nation: Frank Beardy, NAN Negotiator; David Babin, Chief; Keeter Corston, Chief; George Hunter, Chief; Randy Kapashesit, Chief; Andrew Solomon, Chief; Jonathon Solomon, Chief; Gregory Koostachin.

From Matawa First Nations: Arthur Moore, Chief.


The Committee met pursuant to its Orders of Reference dated Wednesday, May 27, 2009 and Wednesday, June 3, 2009 to resume consideration of Bill 173, An Act to amend the Mining Act and its Orders of Reference dated Wednesday, June 3, 2009 to resume consideration of Bill 191, An Act with respect to land use planning and protection in the Far North.

Mr. Ouellette moved, - That the Committee hold clause-by-clause consideration of Bill 173, An Act to amend the Mining Act, on September 14 and 16, 2009 and that the deadline for filing amendments with the Clerk be September 8, 2009 at 5:00 p.m.; and that the Committee hold clause-by-clause consideration of Bill 191, An Act with respect to land use planning and protection in the Far North, on September 23 and 28, 2009 and that the deadline for filing amendments with the Clerk be September 21, 2009 at 5 :00 p.m.

And debate arising thereon,


-2-

Mr. Bisson moved, - That the motion be amended by striking out "September 8" and replacing it with "September 21."


Mr. Bisson

Mr. Brown Mr. McNeely Mr. Rinaldi

AYES

NAYS

Mr. Ouellette

Mr. Dickson Mrs. Mitchell

-2

-5

The question being put on the main motion, it was carried on the following division:

Mr. Brown Mr. McNeely Mr. Ouellette

Mr. Bisson

AYES

NAYS

Mr. Dickson Mrs. Mitchell Mr. Rinaldi

The witness, Mr. Calhoun, made a statement and answered questions.

The witness, Mr. Fox, made a statement and answered questions.

The witness, Chief Toulouse, made a statement and answered questions.

At 12: 15 p.m., the Committee recessed until 1 :04 p.m.

The witness, Mr. Hunt, made a statement and answered questions.

The witness, ChiefSlipperjack, made a statement and answered questions.

-6

-1

Mr. Bisson moved, - That representatives from the Nishnawbe Aski Nation be given forty-five minutes for their presentations, and that, after such time, the Committee would determine if additional time was required.


The witnesses, Mr. Beardy, Chief Andrew Solomon, Chief Jonathon Solomon, Chief Babin, Chief Corston and Chief Hunter, made statements and Mr. Beardy answered questions.

Mr. Bisson moved, - That additional time be allowed for three more deputations and five minutes be allowed per caucus to ask questions.


The witnesses, Chief Kapashesit and Mr. Koostachin, made statements.

ADJOURNMENT:


-3-

The witness, Chief Moore, made a statement and answered questions.





CITY OF TIMMINS MINING ACT COMMITTEE 1 THE PORCUPINE PROSPECTORS AND DEVELOPERS ASSOCIATIONSubmission, speaking notes for Mr. Robert Calhoun dated August 12,2009.

BOREAL PROSPECTORS ASSOCIATION -Submission entitled "Ontario's Position."

NORTHWESTERN ONTARIO PROSPECTORS ASSOCIATION Submission dated August 12, 2009.

EXHIBIT NO. 1/09/045A NISHNA WBE ASKI NATION - Submission, information package containing speaking notes for Grand Chief Stan Beardy; a document entitled "Our Homelands"; a NAN photo gallery; a document entitled "Stop the Far North Act, Bill 191"; a letter addressed to the Premier of Ontario entitled "Nishnawbe Aski Nation condemnation of Bill 191, the Far North Act"; a document entitled "NAN's Position on Land Use Planning and the Far North Act, Bill 191"; a document entitled "Resolution: 09/41 - condemnation of Bill 191, the Far North Act"; a document entitled "Resolution: 09/06-225,000 square kilometres of Protected Area."

EXHIBIT NO. 1/091045B NISHNAWBE ASKI NATION - Submission, news release entitled "NAN Chiefs take stance against Bill 191."

EXHIBIT NO. 1/09/046 MATAWA FIRST NATIONS - Submission dated August 12,2009.

At 3:42 p.m., the Committee adjourned until 9:00 a.m. on Thursday, August 13, 2009.

A Trevor Day,


ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 37

MONDAY, SEPTEMBER 14, 2009



Members of the Committee present: Robert Bailey, MPP; Jim Brownell, MPP; Kuldip Kular, MPP; Bill Mauro, MPP; Carol Mitchell, MPP; David Orazietti, MPP.

Substitutions present: Gilles Bisson, MPP for Rosario Marchese, MPP; Michael Brown, MPP for Linda Jeffrey, MPP; Randy Hillier, MPP for Joyce Savoline, MPP.

Member, not of the Committee, present: Paul Miller (Hamilton East-Stoney Creek), MPP.

Witnesses: From the Ministry of Northern Development, Mines and Forestry: Catherine Wyatt, Legal Counsel.

In Attendance: Catherine Oh, Legislative Counsel.

The Committee met pursuant to its Order of Reference dated Wednesday, May 27, 2009 to resume consideration of Bill 173, An Act to amend the Mining Act.


On section 1:

Mr. Bisson moved, - That subsection 1 (1) of the Mining Act, as amended by 1 (2) of the Bill, be amended by adding the following definition:

"consultation" means a process of good faith negotiations by the Minister for the purpose of determining whether and how Aboriginal interests should be addressed through accommodation.

After debate, the question being put on the motion, pursuant to Standing Order 129(a), at 2:27 p.m. the Committee recessed until 2:47 p.m.

The question being put on the motion, it was lost on the following division:

Mr. Bisson

Mr. Brown Mr. Kular Mrs. Mitchell

AYES

NAYS

Mr. Hillier

Mr. Brownell Mr. Mauro

-2

-5

Mr. Bisson moved, - That the definition of "map staking" in subsection 1 (1) of the Mining Act, as set out in subsection 1 (5) of the Bill, be struck out.


-2-



Mr. Bailey Mr. Hillier

Mr. Brown Mr. Kular

Section 1 carried.

On section 2:

AYES

NAYS

Mr. Bisson

Mr. Brownell Mrs. Mitchell

-3

-4

Mr. Bisson moved, - That section 2 of the Mining Act, as set out in section 2 of the Bill, be struck out and the following substituted:

2 (1) The purpose of this Act is to encourage prospecting, staking and exploration for the development of mineral resources, in a manner consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982, including the duty to consult and accommodate, and to minimize the impact of these activities on public health and safety and the environment.

(2) In order to fulfil the purposes of this Act, the Government of Ontario shall provide such financial assistance as is necessary in order to enable Aboriginal groups to participate fully in any consultations conducted under this Act

RULING BY THE CHAIR

THE CHAIR: Standing Order 57 states the following: "Any bill, resolution, motion or address, the passage of which would impose a tax or specifically direct the allocation of public funds, shall not be passed by the House unless recommended by a message from the Lieutenant Governor." The motion is ruled out of order as it is specifically directs the allocation of public funds.

Mr. Bisson moved, - That section 2 of the Mining Act, as set out in section 2 of the Bill, be struck out and the following substituted:

2 (I) The purpose of this Act is to encourage prospecting, staking and exploration for the development of mineral resources, in a manner consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982, including the duty to consult and accommodate, and to minimize the impact of these activities on public health and safety and the environment.



Mr. Brown moved, - That section 2 of the Mining Act, as set out in section 2 of the Bill, be struck out and the following substituted:


-3-

2. The purpose of this Act is to encourage prospecting, staking and exploration for the development of mineral resources, in a manner consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982, including the duty to consult, and in a manner that minimizes the impact of these activities on public health and safety and the environment.

And debate arising thereon;

The witness, Ms. Wyatt, answered questions.


The motion was withdrawn.

Mr. Hillier moved, - That section 2 of the Mining Act, as set out in section 2 of the Bill, be struck out and the following substituted:

2. The purpose of this Act is to encourage prospecting, staking and exploration for the development of mineral resources in a manner that minimizes any adverse impact of these activities on public health, safety and the environment and in a manner that is in keeping with the Constitution Act, 1982.



Mr. Hillier

Mr. Bisson Mr. Brownell Mr. Mauro

Section 2 carried.

On section 2.1 :

AYES

NAYS

Mr. Brown Mr. Kular Mrs. Mitchell

Mr. Bisson moved, - That the Bill be amended by adding the following section:

2.1 The Act is amended by adding the following section:

-1

-6

3.1 Fifty per cent of the royalty or tax paid by any mine in Ontario shall be shared with the Aboriginal communities that have an interest in the affected area.

RULING BY THE CHAIR

THE CHAIR: Standing Order 57 states the following: "Any bill, resolution, motion or address, the passage of which would impose a tax or specifically direct the allocation of public funds, shall not be passed by the House unless recommended by a message from the Lieutenant Governor." The motion is ruled out of order as it is specifically directs the allocation of public funds.

On section 3:

Mr. Bisson moved, - That the following section be added after section 7 of the Mining Act, as set out in section 3 of the Bill:


-4-

8. The Provincial Recording Office shall ensure that every purchaser of land is informed if mining rights were once attached to the land but no longer are so attached.



Mr. Bisson

Mr. Brown Mr. Kular

Section 3 carried.


On section 7:

AYES

NAYS

Mr. Hillier

Mr. Brownell Mrs. Mitchell

-2

-4

Mr. Brown moved, - That subsection 19 (I) of the Mining Act, as set out in subsection 7 (I) of the Bill, be amended by adding "for the licence" at the end.

After debate, the question being put on the motion, it was carried


On section 8:

Mr. Bisson moved, - That subsection 21 (J) of the Mining Act, as set out in subsection 8 (1) of the Bill, be struck out and the following substituted:

(1) A licensee is entitled to a renewal of his or her licence if, within 60 days before the expiry of the licence, the licensee applies for the renewal.



EXHIBIT NO. 1/09/056A LEGISLATIVE RESEARCH SERVICE Document entitled "Synopsis of Numbered Treaties" dated August 19, 2009.

EXHIBIT NO. 1I09/056B LEGISLATIVE RESEARCH SERVICE Document entitled "Moose Hunting Tags in Respect of the Metis in Ontario" dated August 28, 2009.

EXHIBIT NO. 1I09/056C LEGISLATIVE RESEARCH SERVICE Document entitled "Summary of Recommendations: Bill 173 - the Mining Amendment Act, 2009, and Bill 191, the Far North Act, 2009".




















-5-

CHARLES FICNER Written submission, information package including covering letter; Review and comments on the Mining Act and Bill 173; Stopping the Extortionary Tax - Ensuring Equal Treatment - Reversing the Theft; Essential changes to Bill 173.

JAMES M. CHARD - Written submission, letter of appeal; colour coded maps reo area of concern and mineralized strike.

GRAND COUNCIL TREATY NUMBER 3 -Written submission, letter and presentation dated August 11, 2009.

VARIOUS INDIVIDUALS - Written submission, form letter, supporting Nishnawbe Aski Nation Chiefs, with various signatures.

RIDEAU VALLEY FIELD NATURALISTS -Written submission dated September 3, 2009.

ROBERT EVERETT regarding Bill 173.

Written submission

DAVID WALLACE AND CHRIS WALLACE -Written submission dated August 27, 2009.

DE BEERS - Written submission, letter dated September 1, 2009.

KATHLEEN ROGERS - Written submission dated August 31, 2009.

INDEPENDENT FIRST NATIONS ALLIANCEWritten submission.

ROSANNE ATWATER-HALLATT - Written submission dated August 30, 2009.

BLAKE KURISKO - Written submission dated August 26,2009.

LES GONDOR - Written submission dated August 24,2009.

SEAN CROSSAN - Written submission dated September 2,2009.

KASABONIKA LAKE FIRST NATION - Written submission dated September 2, 2009.

MARILYN CRAWFORD - Written submission dated September 3, 2009.

SANDRA HANNAH - Written submission dated September 3, 2009.

PERI PHILLIPS MCQUAY - Written submission dated September 3, 2009.












-6-

CANADIAN INSTITUTE FOR ENVIRONMENTAL LAW AND POLICY - Written submission dated September 1, 2009.

WHITEWATER LAKE FIRST NATION - Written submission dated September 3, 2009.

HZT PROSPECTING CONSULTING - Written submission.

HEATHER ROSS - Written submission dated September 4,2009.

GERRY O'CONNELL - Written submission dated August 4,2009.

ANNE CAZA - Written submission dated August 7, 2009.

JOAN SKELTON - Written submission dated August 19,2009.

CHARLES W. JEFFERSON - Written submission dated August 18, 2009.

STANLEY R. KURISKO - Written submission dated August 18, 2009.

WESLEY WEBB - Written submission dated August 19,2009.

EXHIBIT NO. 1/09/085A MANICOUAGAN MINERALS INC. Written submission regarding Bill 173 dated September 1, 2009.

EXHIBIT NO. 1/09/085B MANICOUAGAN MINERALS INC. - Written submission regarding Bill 191 dated September 1, 2009.

EXHIBIT NO. 1/09/086 ONTARIO PROSPECTORS ASSOCIATION -Written submission, letter dated September 2,2009.






KINROSS GOLD CORPORATION - Written submission.

A. J. HUMPHREY AND M. R. HUMPHREY -Written submission.

D. S. ROGERS - Written submission dated May 18, 2009 regarding Bill 173.

TOWN OF CALEDON - Written submission dated August 12, 2009.

BOB BEAULIEU AND ANNE BEAULIEU -Written submission dated September 4,2009.

EXHIBIT NO. 1/09/092 ALGONQUIN ECO WATCH - Written submission relating to Bill 173.

EXHIBIT NO. 1/091093A CHRISTOPHER A. W AGG - Written submission dated September 2, 2009 relating to Bill 191.

ADJOURNMENT:


-7-

EXHIBIT NO. 1I091093B CHRISTOPHER A. WAGG - Written submission dated September 2, 2009 relating to Bill 173.

At 6:00 p.m., the Committee adjourned until 4:00 p.m. on Wednesday, September 16,2009.

~fJ Trevor Day,


ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 38

WEDNESDAY, SEPTEMBER 16, 2009



Members of the Committee present: Kuldip Kular, MPP; Amrit Mangat, MPP; Bill Mauro, MPP; David Orazietti, MPP.

Substitutions present: Gilles Bisson, MPP for Rosario Marchese, MPP; Michael Brown, MPP for Helena Jaczek, MPP; Randy Hillier, MPP for Joyce Savoline, MPP; Carol Mitchell, MPP for Laurel Broten, MPP.

Witnesses: From the Ministry of Northern Development, Mines and Forestry: Catherine Wyatt, Legal Counsel.


The Committee met pursuant to its permanent Order of Reference, Standing Order 108(c).

Mrs. Mitchell moved, - That Ms. Jaczek be appointed Vice-Chair of the Committee.


Mr. Mauro moved, - That Ms. Broten replace Mrs. Mitchell as the government member of the Sub-committee on committee business.



The Committee resumed clause-by-clause consideration of Bill 173 .

The Committee resumed consideration of section 8.

Debate was resumed on the motion of Mr. Bisson, - That subsection 21(1) of the Mining Act, as set out in subsection 8(1) of the Bill be struck out and the following substituted:

(1) A licensee is entitled to a renewal of his or her licence if, within 60 days before the expiry of the licence, the licensee applies for the renewal.



AYES

Mr. Bisson Mr. Hillier -2


Mr. Brown Mrs. Mangat

-2-

NAYS

Mr. Kular Mrs. Mitchell

-4

Mr. Bisson moved, - That subsections 21 (6) and (7) of the Mining Act, as set out in subsection 8 (2) of the Bill, be struck out and the following substituted:

(6) The Minister shall renew without fee the licence of a person who has held a licence for 10 years, and the licence shall remain in good standing during the lifetime ofthe licensee.




Mr. Bisson

Mr. Brown Mrs. Mangat Mrs. Mitchell

Section 8 carried.


On section 11.1:

AYES

Mr. Hillier

NAYS

Mr. Kular Mr. Mauro

Mr. Hillier moved, - That the Bill be amended by adding the following section:


27.1 Despite any other provision in this Act,

-2

-5

(a) no new mining claims shall be permitted on any land where there is a surface rights owner;

(b) no private lands that were granted in fee simple by the Crown shall be confiscated under this Act unless the grant specified that the land be used for mining purposes or that the lands would revert to the Crown; and

( c) mining land tax shall not be levied under Part XIII on any lands or minerals unless,

(i) the patent documents for the lands or minerals specify that the lands or minerals will revert to the Crown if they are not used for mmmg purposes,

(ii) the property is not subject to municipal taxation, or

(iii) the minerals are owned by a different person than the person who owns the surface rights.

ADJOURNMENT:


-3-



Mr. Hillier


AYES

NAYS

Mr. Kular Mrs. Mitchell

-1

-4

It was agreed, - That the Committee would continue clause-by-cJause consideration of Bill 173 on Wednesday, September 23, 2009.

At 5:59 p.m., the Committee adjourned until 4:00 p.m. on Wednesday, September 23,2009.

~ ~",l Clerk ofthe Committee.

ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 39




Members of the Committee present: Kuldip Kular, MPP; Amrit Mangat, MPP; David Orazietti, MPP.

Substitutions present: Gilles Bisson, MPP for Rosario Marchese, MPP; Michael Brown, MPP for Bill Mauro, MPP; Mike Colle, MPP for Helena Jaczek, MPP; Randy Hillier, MPP for Joyce Savoline, MPP; Linda Jeffrey, MPP for Laurel Broten, MPP.

Witness: From the Ministry of Northern Development, Mines and Forestry: Catherine Wyatt, Legal Counsel.




On section 11.2:



27.2 The holder of a prospector's licence may not prospect for minerals or stake out a mining claim on any Crown lands that are within a municipality unless prospecting or staking is consistent with the municipality's official plan.



Legislative Counsel answered questions.


The question being put on the motion, pursuant to Standing Order 129(a), at 4:32 p.m. the Committee recessed until 4:52 p.m.


AYES

Mr. Hillier -1

ADJOURNMENT:


Mr. Bisson Mrs. Jeffrey Mrs. Mangat

On section 12:

NAYS

-2-

Mr. Brown Mr. Kular

-5

Mr. Hillier moved, - That subsection 29 (l) of the Mining Act, as set out in section 12 of the Bill, be amended by adding the following clause:

(c. 1) on any land where a municipal official plan prohibits claim staking;



Mr. Hillier moved, - That subsection 29 (2) of the Mining Act, as set out in section 12 of the Bill, be struck out.

After debate, the question was put on the motion.

A 20-minute recess having been requested pursuant to Standing Order 129(a), at 5:46 p.m. the Committee recessed.

At 6:00 p.m., the Committee adjourned until 2:00 p.m. Monday, September 28,2009.

;:tA¥ Trevor Day,


ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 40

MONDAY, SEPTEMBER 28, 2009



Members of the Committee present: Helena Jaczek, MPP; Kuldip Kular, MPP; Amrit Mangat, MPP; David Orazietti, MPP.

Substitutions present: Gilles Bisson, MPP for Rosario Marchese, MPP; Michael Brown, MPP for Bill Mauro, MPP; Kevin Flynn, MPP for Laurel Broten, MPP; Randy Hillier, MPP for Joyce Savoline, MPP.


In Attendance: Catherine Ob, Legislative Counsel.

The Committee met pursuant to its Order of Reference dated Wednesday, May 27,2009 to resume consideration of Bill 173, An Act to amend the Mining Act.



The Committee resumed consideration of Mr. Hillier's motion, - That subsection 29 (2) of the Mining Act, as set out in section 12 of the Bill, be struck out.


Mr. Bisson

Mr. Brown Mr. Kular

AYES

NAYS

Mr. Hillier

Ms. Jaczek Mrs. Mangat

-2

-4

Mr. Brown moved, - That subsection 29 (2) of the Mining Act, as set out in section 12 of the Bill, be struck out and the following substituted:

(2) If a staked claim includes a small area of land described in subsection (1) and the consent of the Minister was not obtained prior to the staking in respect of the area, the Minister, ifhe or she is satisfied that the failure to obtain prior consent was inadvertent, may subsequently provide his or her consent and the claim as recorded shall be deemed to include those lands.


Mr. Hillier moved, - That subsection 29 (3) of the Mining Act, as set out in section 12 of the Bill, be struck out and the following substituted:


-2-

(3) Despite any other provision of any Act or regulation, no mining claim shall be staked or recorded upon any land transferred to or vested in any public or private party without the written consent of that party.



By unanimous consent, the Committee agreed to postpone further consideration of the motion until the Ministry had an opportnnity to respond.

Mr. Bisson moved, - That the following section be added after section 30 of the Mining Act, as set out in section 12 of the Bill:

30.1 (1) An Aboriginal community may withdraw from prospecting and exploration any area in which it has an interest by writing to the Minister in the prescribed form.

(2) A claim staked in an area withdrawn under subsection (1) remains valid if it was staked before the withdrawal was made.

(3) Once a mining claim has been staked, no exploration or mining activity may take place on the claim without prior consent from the Aboriginal communities that are affected.



Mr. Bisson

Mr. Brown Mr.KuJar

Section \3 carried.

On section 14:

AYES

NAYS

Mr. Hillier


-2

-4

Mr. Bisson moved, - That section 35 of the Mining Act, as set out in subsection 14 (I) of the Bill, be amended by adding the following subsection:

(1.1) Lands withdrawn under the Act remain open, despite the withdrawal, to persons who collect rocks as a hobby.



AYES

Mr. Bisson Mr. Hillier -2


Mr. Brown Mr. Kular

-3-

NAYS


-4

Mr. Hillier moved, - 1bat Mr. Brown be given the proxy votes of all the other Government members of the Cornmittee on votes pertaining to Bill 173.

RULING BY THE CHAIR

THE CHAIR: Standing Order 1 (b )(ii) states: "The purpose of these Standing Orders is to ensure that proceedings are conducted in a manner that respects the democratic rights of members, to debate, speak to, and vote on motions, resolutions and bills. I do not feel that Mr. Hillier's motion respects these democratic rights." The motion is therefore ruled out of order.

Mr. Bisson moved, - That subsection 35 (2) of the Mining Act, as set out in subsection 14 (1) of the Bill, be struck out and the following substituted:

(2) In making an order under subsection (1), the Minister may consider any factors that he or she considers appropriate, including,

(a) whether the lands, mmmg rights or surface rights are required for developing or operating public highways, renewable energy projects or power transmission lines or for another use that would benefit the public;

(b) whether the order would be consistent with any prescribed land use designation that may be made with respect to the Far North;

(c) whether the lands are considered by Aboriginal communities to be sites of Aboriginal cultural significance; and

(d) any other factors that may be prescribed.



Mr. Bisson

Mr. Flynn Mr. Kular

AYES

NAYS

Mr. Hillier

Ms. Jaczek

-2

-3

Mr. Hillier moved, - That subsection 35 (2) of the Mining Act, as set out in subsection 14 (1) of the Bill, be amended by adding the following clause:

(a. I) except when the rights are with respect to mining rights for lands for which there is a private surface rights owner;



Mr. Bisson

Mr. Brown Ms. Jaczek Mrs. Mangat

-4-

AYES

NAYS

Mr. Hillier

Mr. Flynn Mr. Kular

-2

-5

Mr. Hillier moved, - That the following subsection be added after subsection 35 (4) of the Mining Act, as set out in subsection 14 (1) of the Bill:

(4.0.1) Subsection (4) does not permit the Minister to reopen lands for staking, sale or lease,

(a) if the lands are privately owned;

(b) if the lands are .designated in a municipal official plan for a use that is incompatible with mining.


Mr. Hillier moved, - That section 14 of the Bill be amended by adding the following subsection:

(3) Subsection 35 (5) of the Act is repealed.



On section 15:

Mr. Hillier moved, - That subsections 35.1 (2), (3) and (4) of the Mining Act, as set out in subsection 15 (1) of the Bill, be struck out and the following substituted:

(2) For lands where there is a surface rights owner and the mining rights are held by the Crown, the mining rights shall be transferred to the owner of the surface rights, and that transfer shall be deemed to have taken place at the time when the lands were originally alienated from the Crown.

(3) Despite subsection (2), any mmmg claims, nurung leases or licences of occupation with respect to minerals that are owned by the Crown under privately owned land that exist on the day this section comes into force shall continue until the end of the fifth year after this section comes into force or until the expiry of those claims or leases, whichever is sooner.

(4) No extension shall be granted for any mining claim, mining lease or licence of occupation after the expiry of the period described in subsection (3) unless on the date of expiry a mine is in substantial operation under the mining claim, lease or licence.

(5) If a mining claim, mining lease or licence of occupation reverts to the Crown, the minerals shall be trausferred to the owner of the surface rights and the transfer shall be deemed to have taken place in fee simple at the time when the lands were originally alienated from the Crown.



Mr. Hillier

Mr. Bisson Mr. Flynn Mr. Kular

-5-

AYES

NAYS


-1

-6

Mr. Brown moved, - That section 35.1 of the Mining Act, as set out in subsection 15 (l) of the Bill, be amended by adding the following subsection:

(4.1) If mining rights have been deemed withdrawn under subsection (2), a surface rights owner may apply to the Minister for an order opening the mining rights for the lands or any part of them for prospecting, staking, sale and lease and the Minister may issue the order.


Mr. Brown moved, - That section 35.1 of the Mining Act, as set out in subsection 15 (1) of the Bill, be amended by adding the following subsections:

(4.2) Subsection (4) does not affect any powers of the recorder or Commissioner to grant relief from forfeiture or to make related orders under section 49, or any powers of the Minister to revoke, cancel or annul a forfeiture or termination under subsection 185 (1).

(4.3) Where a recorder or Commissioner grants relief from forfeiture under section 49 or where the Minister revokes, cancels or annuls a forfeiture or termination under subsection 185 (l), the mining rights are no longer deemed withdrawn under subsection (4).



Mr. Hillier

AYES

NAYS

Mr. Flynn Mr. Kular

-5

-1

Mr. Brown moved, - That section 35.1 (8) of the Mining Act, as set out in subsection 15 (2) of the Bill, be struck out and the following substituted:

(8) If mining rights have been withdrawn by an order under subsection (5), a surface rights owner may apply to the Minister for an order opening the mining rights for the lands or any part of them for prospecting, staking, sale and lease and the Minister may issue the order.


Mr. Hillier moved, - That subsection 15 (2) of the Bill be struck out.


-6-


Mr. Hillier

Mr. Brown Mr. Kular



On section 18:

AYES

NAYS

Mr. Flynn Mrs. Mangat

-1

-4

After debate, the question being put on section 18, it was carried on the following division:

Mr. Brown Mr. Kular

Mr. Bisson

Section 18 carried.

AYES

NAYS

Mr. Flynn Mrs. Mangat

Mr. Hillier


18.1 Section 39 of the Act are repealed.

RULING BY THE CHAIR

THE CHAIR: The motion is ruled out of order as section 39 of the Act is not open in Bill 173.


On section 24:

-4

-2

Mr. Hillier moved, - That subsections 46.1 (1), (2) and (3) of the Mining Act, as set out section 24 of the Bill, be struck out and the following substituted:

46.1 (I) If a mining claim is staked on land for which there is a surface rights owner, the licensee shall, within 60 days after making the application to record the mining claim, give confirmation of staking the mining claim to the surface rights owner in the prescribed manner and file proof at the recorder's office that confirmation of staking the mining claim has been given.

(2) If the licensee does not comply with subsection (1), then the mining claim becomes invalid 60 days after the date the application to record is made, even if the claim was recorded.

ADJOURNMENT:


-7-

After debate, the motion was withdrawn.


On section 27:

Mr. Brown moved, - That section 27 of the Bill be amended by adding the following subsection:

(2) Subsection 49 (4) of the Act is amended by striking out "subsection (I) or (3)" and substituting "subsection (I), (2) or (3)".


A 20-minute recess having been requested pursuant to Standing Order 1 29(a), at 5:43 p.m. the Committee recessed.

At 6:00 p.m., the Committee adjourned until 4:00 p.m. on Wednesday, September 30, 2009.

Jt!jtJ{ Trevor Day,


ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 41




Members of the Committee present: Kuldip Kular, MPP; Amrit Mangat, MPP; David Orazietti, MPP.

Substitutions present: Laura Albanese, MPP for Helena Jaczek, MPP; Gilles Bisson, MPP for Rosario Marchese, MPP; Michael Brown, MPP for Laurel Broten, MPP; Randy Hillier, MPP for Joyce Savoline, MPP.






The Committee resumed consideration of Mr. Brown's motion, - That section 27 of the Bill be amended by adding the following subsection:

(2) Subsection 49 (4) of the Act is amended by striking out "subsection (1) or (3)" and substituting "subsection (1), (2) or (3)".

The question being put on the motion, it was carried on the following division:

Mrs. Albanese Mr. Brown Mrs. Mangat


On section 28:

AYES

NAYS

Mr. Bisson Mr. Kular

-5

-0

Mr. Hillier moved, - That subsection 28 (2) of the Bill be struck out and the following substituted:

(2) Section 50 of the Act is amended by adding the following subsections:


-2-

(2.1) Despite subsection (2), the holder of a mining claim shall not enter upon, use or occupy any part of a mining claim for any exploration work on the claim unless the requirements in sections 78.1 and 78.2 and in the regulations have been met.

(2.2) Despite anything in this or any other Act, neither the holder of a mining claim, nor the operator of a mine nor any other person, can acquire any right to use any private land without the express consent of the land owner.





Mr. Bisson


Section 28 carried.

On section 29:

AYES

Mr. Hillier

NAYS

Mr.Kular

-2

-3

Mr. Hillier moved, - That subsection 29 (1) of the Bill be struck out and the following substituted:

(I) Subsection 51 (I) of the Act is repealed and the following substituted:

(I) The holder of an unpatented mining claim has no right to the use of the surface rights except as permitted under this Act.


Mr. Bisson moved, - That subsection 51 (4) of the Mining Act, as set out in subsection 29 (2) of the Bill, be struck out and the following substituted:

(4) Despite subsection (1), the Minister may by order impose restrictions on a mining claim holder's right to the use of portions of the surface rights of a mining claim if,

(a) the portions of the surface rights are on lands that are considered by Aboriginal communities to be sites of Aboriginal cultural significance; or

(b) any of the prescribed circumstances apply.


A 20-minute recess having been requested pursuant to Standing Order 1 29(a), at 5:41 p.m. the Committee recessed.

ADJOURNMENT:


-3-

At 6:00 p.m., the Committee adjourned until 2:00 p.m. on Monday, October 5, 2009.

~5 Trevor Day,


ORDER:

ATTENDANCE:

PROCEEDINGS:

ADJOURNMENT:



MEETING NUMBER 42

MONDAY, OCTOBER 5, 2009


The Committee met at 2: 16 p.m. this day, the Chair, Mr. Oraziett~ presiding.

Members of the Committee present: David Orazietti, MPP ..


The Committee met pursuant to its Orders of Reference dated Wednesday, May 27,2009 to resume consideration of Bill 173, An Act to amend the Mining Act.

STATEMENT BY THE CHAIR

THE CHAIR: Pursuant to Standing Order 71(d), "No bill shall be considered in any Standing or Select Committee while any matter, including a procedural motion, relating to the same policy field is being considered in the House." As a time allocation motion on Bill 173 is being considered in the House, the Committee is not authorized to meet to consider Bill 173.

At 2:17 p.m., the Committee adjourned until 4:00 p.m. on Wednesday, October 7, 2009.

~ Trevor Day,


ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 43

WEDNESDAY, OCTOBER 7, 2009



Members of the Committee present: Kuldip Kular, MPP; Amrit Mangat, MPP; David Orazietti, MPP; John Yakabuski, MPP.

Substitutions present: Laura Albanese, MPP for Helena Jaczek, MPP; Gilles Bisson, MPP for Rosario Marchese, MPP; Michael Brown, MPP for Laurel Broten, MPP; Randy Hillier, MPP for Joyce Savoline, MPP; Linda Jeffrey, MPP for Bill Mauro, MPP; Gerry Martiniuk, MPP for John Yakabuski, MPP (from 4:30 p.m.).

Member, not of the Committee, present: John Yakabuski, MPP (from 4:30 p.m.).



The Committee met pursuant to its Orders of Reference dated Wednesday, May 27, 2009 and Tuesday, October 6, 2009 to resume consideration of Bill 173, An Act to amend the Mining Act.



The Committee resumed consideration of Mr. Bisson's motion, - That subsection 51 (4) of the Mining Act, as set out in subsection 29 (2) of the Bill, be struck out and the following substituted:

(4) Despite subsection (1), the Minister may by order impose restrictions on a mining claim holder's right to the use of portions of the surface rights of a mining claim if,

(a) the portions of the surface rights are on lands that are considered by Aboriginal communities to be sites of Aboriginal cultural significance; or

(b) any of the prescribed circumstances apply.


Mr. Bisson

Mr. Brown Mr. Kular

AYES

NAYS

Mr. Yakabuski

Mrs. Jeffrey Mrs. Mangat

-2

-4


-2-

Mr. Yakabuski moved, - That subsection 51 (8) of the Mining Act, as set out in subsection 29 (2) of the Bill, be struck out and the following substituted:

(8) Where an order is made under this section, or any agreement is made with the claim holder with respect to the use of surface rights for the purposes of this section, the Minister may require a survey of the surface rights or of the portion of them that is affected by the order or agreement, and the survey shall be provided at the expense of the person who holds the mining claim.


Section 29 carried.

Section 30 carried.

The Committee resumed consideration of section 12 of the bill.

Debate was resumed on the motion of Mr. Hillier, - That subsection 29 (3) of the Mining Act, as set out in section 12 of the Bill, be struck out and the following substituted:

(3) Despite any other provision of any Act or regulation, no mining claim shall be staked or upon any land transferred to or vested in any public or private party without the written consent of that party.



On section 31 :

Mr. Yakabuski moved, - That clause 59 (a) of the Mining Act, as set out in section 31 of the Bill, be struck out and the following substituted:

(a) if the claim is on land for which there is a surface rights owner, unless the requirements in subsection 46.1 (1) have been met; or


Mr. Yakabuski moved, - That clause 59 (a) of the Mining Act, as set out in section 31 of the Bill, be struck out and the following substituted:

(a) if the claim is on land for which there is a surface rights owner, unless the requirements in clause 46.1 (1) (a) have been met; or


Section 31 carried.

Section 32 carried.

On section 33:

Mr. Bisson moved, - That subsection 65 (1) and (2) of the Mining Act, as set out in section 33 of the Bill, be struck out and the following substituted:

65. (1) After a mining claim is recorded, the claim holder shall perform or cause to be performed such annual units of assessment work as are prescribed.

(2) Every mining claim holder shall submit a report of the assessment work done together with such other information as may be prescribed.


-3-


Mr. Bisson

Mrs. Albanese Mrs. Jeffrey Mrs. Mangat

AYES

NAYS

Mr. Yakabuski

Mr. Brown Mr. Kular

-2

-5

Mr. Bisson moved, - That subsection 65 (5) of the Mining Act, as set out in section 33 of the Bill, be struck out.


Section 33 carried.

On section 34:

Mr. Bisson moved, - That subsection 66 (1) of the Mining Act, as set out in subsection 34 (1) of the Bill, be amended by striking out "or payments made in place of assessment work".


Mr. Bisson moved, - That subsection 66 (3) of the Mining Act, as set out in subsection 34 (3) of the Bill, be amended by striking out "or payments made in place of assessment work".


Section 34 carried.


On section 40:

Mr. Bisson moved, - That subsection 78.1 (1) of the Mining Act, as set out in section 40 of the Bill, be amended by adding "or accommodation" after "Aboriginal community consultation".


Mr. Bisson


AYES

NAYS

Mr. Brown Mr. Kular Mr. Yakabuski

-1

-6


-4-

Mr. Brown moved, - That the English version of subsection 78.1 (l) of the Mining Act be amended by striking out "Aboriginal community consultation" and substituting "Aboriginal consultation".




Mr. Bisson moved, - That subsection 78.1 (2) (b) of the Mining Act, as set out in section 40 of the Bill, be amended by adding "or accommodation" after "Aboriginal consultation".


Mr. Bisson


AYES

NAYS

Mr. Brown Mr. Kular Mr. Martiniuk

-1

-6

Mr. Brown moved, - That subsection 78.2 (5) of the Mining Act, as set out in section 40 of the Bill, be struck out and the following substituted:

(5) The Director may, after considering the factors listed in subsection (2), amend or renew an exploration permit.


Mr. Bisson moved, - That section 78.2 of the Mining Act, as set out in section 40 of the Bill, be amended by adding the following subsection:

(5.1) No exploration permit shall be issued without the written agreement of Aboriginal communities that have an interest in the area affected by the permit.


Mr. Bisson


AYES

NAYS

Mr. Brown Mr. Kular Mr. Martiniuk

-1

-6

Mr. Brown moved, - That section 78.2 of the Mining Act, as set out in section 40 of the Bill, be amended by adding the following subsections:


-5-

(6) If a decision of the Director under this section is disputed in accordance with this Act or the regulations and a recommendation is made that the Director reconsider his or her decision, the Director shall reconsider his or her decision and, where appropriate, may make a new decision based on any recommendations or determinations made.

(7) If a decision of the Director under this section is disputed in accordance with this Act or the regulations, no person shall carry out any activity that is a subject of the decision until a final determination under this Act or the regulations has been made.


Mrs. Albanese Mr. Brown Mr. Kular

AYES

NAYS


-6

-0

Mr. Brown moved, - That the following section be added after section 78.2 of the Mining Act, as set out in section 40 of the Bill:

78.2.1 (1) Any transferee, assignee or successor of a person who submitted an exploration plan under subsection 78.1 (1) shall comply with subsections 78.1 (2) and (3) in respect of that exploration plan.

(2) Any permit that is issued under section 78.2 is binding upon and enforceable against any transferee, assignee or successor of the person to whom the permit was issued.



Mr. Matiniuk

AYES

NAYS


-6

-1

Mr. Brown moved, - That subsection 78.3 (3) of the Mining Act, as set out in section 40 of the Bill, be amended by striking out "a fme of not less than $25,000" and substituting a "a fine of not more than $2,500".


Mr. Brown moved, - That the following section be added after section 78.3 of the Mining Act, as set out in section 40 of the Bill:


-6-

78.4 If a mining claim, mining lease or licence of occupation for mining purposes is transferred or assigned, the transferee or assignee is liable for any rehabilitation obligations imposed under this Part or under an exploration plan or exploration permit with respect to the claim, lease or licence regardless of when or by whom those obligations were created.



AYES

NAYS


-6

-0

Mr. Brown moved, - That the following section be added after section 78 of the Mining Act, as set out in section 40 of the Bill:

Sections 78.1, 78.2, 78.3 and 78.4 apply in accordance with the regulations.


At 5:00 p.m., pursuant to the Order of Reference dated Tuesday, October 6, 2009, the Chair proceeded to put all questions necessary to dispose of the bill.



Section 41 carried.

On section 42:

It was deemed moved by Mr. Brown, - That subsection 42 (1) of the Bill be struck out and the following substituted:

(1) Subsection 81 (2) of the Act is revoked and the following substituted:

(2) The application and payment for a lease may not be made to a recorder until the applicant,

(a) has performed the fifth prescribed unit of assessment work on a mining claim or, if a regulation provides that payment may be made in place of performing some or all assessment work, has made the payment and performed the work as required by the regulation; and

(b) has reported any assessment work performed and, if necessary, has received approval for the work.

(2.0.1) The application shall be accompanied by,

(a) if a survey is required under section 95 or 96, a plan of survey approved by the Surveyor General; and

(b) an agreement or an order of the Commissioner indicating that surface rights compensation, if any, has been paid, secured or settled.


-7-



Section 43 carried.

On section 44:

It was deemed moved by Mr. Brown, - That section 83 of the Mining Act, as set out in section 44 of the Bill, be amended by adding the following subsection:

(4.1) Subsections 81 (6), (6.1), (6.2), (6.3), (8), (9), (9.1), (10), (11), (12), (l3) and (14) apply with necessary modifications to leases issued under this section.




Section 47 lost.


On section 57.1:

It was deemed moved by Mr. Martiniuk, - That the Bill be amended by adding the following section:

57.1 Section 139.4 of the Act is repealed.

RULING BY THE CHAIR


On section 58:

It was deemed moved by Mr. Brown, - That subsection 140 (2) of the Mining Act, as set out in section 58 of the Bill, is struck out and the following substituted:

(2) If a proponent files an amendment to a certified closure plan under subsection 143 (2), the proponent shall not commence any of the advanced exploration mentioned in the amendment until it has received the Director's written notice that the amendment has been filed pursuant to subsection 143 (8).


It was deemed moved by Mr. Brown, - That subsection 141 (2) of the Mining Act, as set out in section 58 of the Bill, is struck out and the following substituted:

(2) If a proponent files an amendment to a certified closure plan under subsection 143 (2), the proponent shall not commence any of the mine production mentioned in the amendment until it has received the Director's written notice that the amendment has been filed pursuant to subsection 143 (8).



Section 59 carried.


-8-

On section 59.1:

It was deemed moved by Mr. Bisson, - That the Bill be amended by adding the following section:

59.1 Subsection 145 (1) of the Act is repealed and the following substituted:

(l) The financial assurance required as part of a closure plan shall be in one of the following forms and shall be the entire amount specified in the closure plan filed with the Director or any amendment to it:

1. Cash.

2. A letter of credit from a bank named in Schedule I to the Bank Act (Canada).

3. A bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance.

4. A mining reclamation trust as defined in the Income Tax Act (Canada).

5. Any other form of security or any other guarantee or protection, including a pledge of assets, a sinking fund or royalties per tonne, that is acceptable to the Director

RULING BY THE CHAIR

THE CHAIR: The motion is ruled out of order as section 145 of the Act is not open in Bill 173.

Section 60 carried.

On section 60.1:

It was deemed moved by Mr. Martiniuk, - That the Bill be amended by adding the following section:

60.1 Subsection 149.1 (4) of the Act is repealed.

RULING BY THE CHAIR



On section 72:

It was deemed moved by Mr. Brown, - That the English version of section 156 of the Mining Act, as set out in section 72 of the Bill, be amended by striking out "the duties" and substituting "the functions".


It was deemed moved by Mr. Brown, - That section 157 of the Mining Act, as set out in section 72 of the Bill, is amended by striking out the portion before paragraph I and substituting the following:


-9-

157. The functions of an inspector may include any or all of the following:

And by striking out paragraph 7 and substituting the following:

7. Any other functions that may be imposed or required for the administration of this Act


It was deemed moved by Mr. Brown, - That subsection 158 (I) of the Mining Act, as set out in section 72 of the Bill, be amended by striking out "his or her powers and duties" in the portion before clause (a) and substituting "his or her functions".


It was deemed moved by Mr. Brown, - That the English version of clause 158 (1) (b) of the Mining Act, as set out in section 72 of the Bill, be amended by striking out "his or her duties" and substituting "his or her functions".


It was deemed moved by Mr. Brown, - That subsection 158 (I) of the Mining Act, as set out in section 72 of the Bill, be amended by striking out "and" at the end of clause (g), by adding "and" at the end of clause (h) and by adding the following clause:

(i) perform technical surveys and take measurements and representative samples, as may be considered necessary in carrying out his or her functions.


It was deemed moved by Mr. Brown, - That the English version of subsection 158 (3) of the Mining Act, as set out in section 72 of the Bill, be amended by striking out "duties" and substituting "functions".


It was deemed moved by Mr. Brown, - That the English version of subsection 158 (4) of the Mining Act, as set out in section 72 of the Bill, be amended by striking out "duties" in the portion before clause (a) and substituting "functions".


It was deemed moved by Mr. Brown, - That section 158 (5) of the Mining Act, as set out in section 72 of the Bill, be struck out.

A recorded vote having been requested, the division on the motion to amend section 72 was deferred pursuant to the Order of House dated Tuesday, October 6, 2009.

It was deemed moved by Mr. Brown, - That the English version of subsection 158 (11) of the Mining Act, as set out in section 72 of the Bill, be amended by striking out "duties" and substituting "functions".




-10-

On section 80:

It was deemed moved by Mr. Brown, - That subsection 170.1 (2) of the Mining Act, as set out in section 80 of the Bill, be amended by striking out "Ministry" and substituting "Minister".


It was deemed moved by Mr. Bisson, - That section 170.1 of the Mining Act, as set out in section 80 of the Bill, be struck out and the following substituted:

170.1 (1) The Minister may designate a body to hear and consider disputes arising under this Act relating to consultation with Aboriginal communities, Aboriginal or treaty rights or to the assertion of Aboriginal or treaty rights, including disputes that may occur,

(a) in relation to decisions on the issue, amendment, renewal or cancellation of, or the terms and conditions imposed on, an exploration permit issued under section 78.2;

(b) under clause 140 (1) (c) or 141 (1) (c); and

(c) in any other prescribed circumstance.

(2) The body designated under subsection (1) shall hear and consider the dispute, in accordance with any requirements set out in the regulations, and shall make a report to the Ministry setting out recommendations.

(3) The body shall be composed of one member selected by the Minister, one member selected by the affected Aboriginal communities and a third member agreed upon by the first two members.

A recorded vote having been requested, the division on the motion to amend section 80 was deferred pursuant to the Order of House dated Tuesday, October 6,2009.

It was deemed moved by Mr. Brown, - That section 170.1 of the Mining Act, as set out in section 80 of the Bill, be amended by adding the following subsections:

(3) After considering the report and recommendations made, the Minister may,

(a) confirm, vary or rescind a Director's decision in respect of an exploration permit issued under section 78.2;

(b) provide such further direction or support as he or she considers appropriate respecting any consultation undertaken for the purpose of clause 140 (1) (c) or 141 (1) (c); or

( c) take any actions that he or she considers appropriate in the circumstances.

(4) The Minister shall provide written notice, with reasons, to the parties to the dispute resolution process of anything done or decided by the Minister under subsection (3).


On section 80.2:



-11-

80.2 The Mining Act is amended by adding the following section:

173. No prospecting, exploration or mining for uranium shall be undertaken by any person until the Minister, in collaboration with the Minister of the Environment, is satisfied that such activity poses no adverse effect to human health or the environment.

A recorded vote having been requested, the division on the motion to add section 80.2 was deferred pursuant to the Order of House dated Tuesday, October 6,2009.

On section 80.3:


80.3 The Mining Act is amended by adding the following section:

173.1 (1) Where an official plan under the Planning Act designates an area of land for a particular use, no mining activities shall take place on the land if the mining activity would be in conflict with the designated use.

(2) Where a community based land use plan designates an area of land for a particular use in the Far North or Near North, no mining activities shall take place on the land if the mining activity would be in conflict with the designated use.

(3) Mining activities may take place on land referred to in subsection (1) or (2) if it is approved after public consultation with municipal councils and affected landowners.

A recorded vote having been requested, the division on the motion to add section 80.3 was deferred pursuant to the Order of House dated Tuesday, October 6, 2009.

Section 81 carried.

On section 82:

It was deemed moved by Mr. Brown, - That the Mining Act be amended by adding the following paragraph after paragraph 17.4 of subsection 176 (1), as set out in subsection 82 (9) of the Bill:

17.5 providing that sections 78.1, 78.2, 78.3 and 78.4 apply to a region of Ontario on and after the date specified for the region;


It was deemed moved by Mr. Bisson, - That paragraph 24.2 of subsection 176 (1) of the Mining Act, as set out in subsection 82 (9) of the Bill, be struck out.


It was deemed moved by Mr. Bisson, - That paragraph 24.3 of subsection 176 (1) of the Mining Act be amended by striking out "and providing for the delegation of certain procedural aspects of the consultation" at the end.


It was deemed moved by Mr. Bisson, - That section 82 of the Bill be amended by adding the following subsection:

(9.1) Section 176 of the Act is amended by adding the following subsection:


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(1.0.1) No regulation may be made under subsection (1) unless it has first been approved by a committee composed of representatives of all affected groups, including Aboriginal communities.



Section 83 carried.

On section 84:

It was deemed moved by Mr. Brown, - That section 178.2 of the Mining Act, as set out in section 84 of the Bill, be struck out.



On section 84.1:

It was deemed moved by Mr. Brown, - That the Bill be amended by adding the following section:


178.2 (1) The Minister may approve forms for any purpose of this Act, specifY the procedure for the use of the forms, and require their use for any purpose of this Act, and the forms may provide for such information to be furnished as the Minister may require.

(2) Despite subsection (1), if a form is prescribed for a purpose, the Minister shall not approve a form for the same purpose.

The question being put on section 84.1, it was carried.


On section 90:

It was deemed moved by Mr. Brown, - That subsection 189 (1.2) of the Mining Act, as set out in subsection 90 (2) of the Bill, be amended by striking out "under this Part" and substituting "under subsection (1.1)".




On section 100:

It was deemed moved by Mr. Brown, - That the definition of "new mine" in subsection 204 (1) of the Mining Act, as set out in section 100 of the Bill, be struck out and the following substituted:

"new mine" means a project for which a certified closure plan is required under clause 141 (1) (a) to commence or recommence mine production, but for which no certified closure plan has been filed in accordance with subsection 141 (2) ("nouvelle mine")

'The question being put on the motion, it was carried,


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It was deemed moved by Mr. Bisson, - That subsection 204 (3) of the Mining Act, as set out in section 100 of the Bill, be struck out.

A recorded vote having been requested, the division on the motion to amend section 100 was deferred pursuant to the Order of House dated Tuesday, October 6, 2009.

It was deemed moved by Mr. Brown, - That subsection 204 (4) of the Mining Act, as set out in section 100 of the Bill, be struck out and the following substituted:

(4) For the purposes of this section, a new mine opening occurs when any activity for which a certified closure plan for mine production is required under section 141 (I) ( a) is undertaken with respect to a new mine.


On section 10 I:

It was deemed moved by Mr. Brown, - That subsection 101 (4) of the Bill be amended by adding the following paragraph:

9.1 Subsection 81 (13).



On section 102:

It was deemed moved by Mr. Brown, - That subsection 102 (2) of the Bill be struck out and the following substituted:

(2) Subsections I (I) and (2), sections 5 and 6, subsection 7 (I), sections 8, 12, 13 and 14, subsection 15 (2), sections 17, 22, 23 and 24, subsections 26 (3), 28 (2) and 29 (2), sections 30, 31 and 33, subsections 34 (I) and (3), sections 35, 37 and 40, subsections 41 (I), (2) and (3), subsections 42 (I), (5) and (6), section 44, subsection 45 (I), section 48, sections 57, 58 and 80, subsections 82 (I), (3), (5) and (8), sections 84, 85, and 88, subsection 90 (2), section 95, subsections 96 (I) and (2) and sections 97 and 100 come into force on a day to be named by proclamation of the Lieutenant Governor.



Section 103 carried.


The Committee resumed consideration ofMr. Brown's motion to amend section 72 of the bill.


Mrs. Albanese Mr. Kular Mrs. Mangat

AYES

Mr. Brown Mrs. Jeffrey

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Mr. Bisson


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NAYS


Mr. Martiniuk -2

The Committee resumed consideration of Mr. Bisson's motion to amend section 80 of the bill.


Mr. Bisson



AYES

NAYS

The Committee resumed consideration of section 80.2.

Mr. Brown Mrs. Jeffrey Mr. Martiniuk

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-6

The Committee resumed consideration of Mr. Bisson's motion to add section 80.2 to the bill.


Mr. Bisson


AYES

NAYS


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-5

The Committee resumed consideration of Mr. Bisson's motion to add section 80.3 to the bill.


Mr. Bisson

Mrs. Albanese Mr.Kular Mrs. Mangat

AYES

NAYS


-1

-5

ADJOURNMENT:


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The Committee resumed considerationofMr. Bisson's motion to amend section 100 of the bill.


Mr. Bisson



The title carried.


AYES

NAYS

Mr. Brown Mrs. Jeffrey Mr. Martiniuk


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At 5:16 p.m., the Committee adjoumed until 2:00 p.m. on Monday, October 19,2009.

~ Trevor Day,

Clerk of the Committee

ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 44

MONDAY, OCTOBER 19, 2009


The Committee met at 2:01 p.m. this day, the Vice-Chair, Ms. Jaczek, presiding.

Members of the Committee present: Helena Jaczek, MPP; Kuldip Kular, MPP; Amrit Mangat, MPP; Reza Moridi, MPP; David Orazietti, MPP.

Substitutions present: Gilles Bisson, MPP for Rosario Marchese, MPP; Joe Dickson, MPP for Amrit Mangat, MPP (5:30 p.m. to 6:00 p.m.); Randy Hillier, MPP for John Yakabuski, MPP; Linda Jeffrey, MPP for Bill Mauro, MPP; Jerry Ouellette, MPP for Joyce Savo1ine, MPP.

Witnesses: From the Ministry of Natural Resources: Jessica Ginsburg, Legal Counsel; Afsana Qureshi, Policy Manager, Far North Branch.

In Attendance: Michael Wood, Legislative Counsel.

The Committee met pursuant to its Order of Reference dated Wednesday, June 3, 2009 to resume consideration of Bill 191, An Act with respect to land use planning and protection in the Far North.

The Committee commenced c1ause-by-c1ause consideration of Bill 191.

On section 1:

After debate, Mr. Bisson moved, - That the question be now put.



Mr. Bisson Mr. Ouellette

Mrs. Jeffrey Mrs. Mangat Mr. Orazietti

AYES

NAYS

The question being put on section 1, it was carried.

Mr. Hillier

Mr. Ku1ar Mr. Moridi

-3

-5


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On section 2:

Mr. Ouellette moved, - That that the definition of "Far North" in section 2 of the Bill be struck out and the following substituted:

"Far North" means the portion of Ontario that lies north of the land consisting of,

(a) Woodland Caribou Provincial Park,

(b) the following management units designated under section 7 of the Crown Forest Sustainability Act, 1994 as of May 1,2009: Red Lake Forest, Trout Lake Forest, Lac Seul Forest and Caribou Forest,

(c) Wabakimi Provincial Park, and

(d) the following management units designated under section 7 of the Crown Forest Sustainability Act, 1994 as of May 1,2009: Ogoki Forest, Kenogami Forest, Hearst Forest, Gordon Cosens Forest and Cochrane-Moose River; ("Grand Nord")




Mrs. Jeffrey moved, - That the definition of "protected area" in section 2 of the Bill be amended by striking out "clause 8 (8) (b)" and substituting "clause 8 (8) (c)".


Mr. Bisson moved, - That section 2 of the Bill be amended by adding the following definition:

"Commission" means the Far North Land Use Planning Commission established under section 6.1;


Mr. Bisson




On section 6:

AYES

NAYS

Mr. Ouellette

Mr. Kular Mr. Moridi

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Mrs. Jeffrey moved, - That paragraph 2 of section 6 of the Bill be amended by adding "designated in community based land use plans" at the end.



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Mr. Ouellette moved, - That paragraph 4 of section 6 of the Bill be amended by adding "and other residents of Ontario" at the end.


Mr. Ouellette moved, - That the motion be amended by striking out "Ontario" and substituting "the Far North".


After debate, the question being put on the main motion, it was lost on the following division:

Mr. Ouellette

Mr. Bisson Mr.Kular Mr. Moridi


On section 6.1 :

AYES

NAYS



-1

-6

6.1 (1) The Lieutenant Governor in Council shall establish a commission to be known in English as the Far North Land Use Planning Commission and in French as Commission d'amenagement du Grand Nord.

(2) The Commission shall be composed of the following in equal numbers:

1. Members of First Nations.

2. Representatives of the Government of Ontario.

(3) The Commission shall have the power,

(a) to allocate funding of the Ministry of the Minister for land use planning activities under this Act;

(b) upon request, to provide assistance to First Nations in preparing a land use plan for the purposes of section 8;

(c) upon request of parties involved in disputes on land use planning issues under section 8, to provide a process for resolving the disputes;

(d) to make recommendations regarding interim decisions during the preparation ofland use plans for the purposes of section 8;

(e) to coordinate and provide advice on linear developments, major infrastructure and other matters that affect more than one planning area;

(f) to develop a regional land use strategy as part of the integration of community based land use plans;


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(g) to draw on advice from advisory bodies established under section 16 in making its decisions and recommendations;

(h) to provide a yearly report to the Lieutenant Governor in Council and First Nations on implementation of this Act; and

(i) to provide input to the Minister on the periodic review of this Act under section 18.1.

(4) Upon receiving the report mentioned in clause (3) (h), the Lieutenant Governor in Council shall make it available to the public for consultation.


Mr. Bisson moved, - That the motion be amended by adding "as appointed by their own internal process." at the end of paragraph 6.1 (2) l.


After debate, the question being put on the main motion, it was lost.

On section 7:

Mr. Bisson moved, - That subsection 7 (1) of the Bill be amended by adding at the end "within six months of the day on which this subsection comes into force".


Mrs. Jeffrey moved, - That subsection 7 (3) of the Bill be struck out and the following substituted:

(3) The Minister shall invite the First Nations having one or more reserves in the Far North and one or more First Nations not having a reserve in the Far North to work together in contributing to the preparation of the Far North land use strategy, including the Far North policy statements.


The witness, Ms. Ginsburg, answered questions.


Mr. Bisson moved, - That subsection 7 (3) of the Bill be struck out and the following substituted:

(3) The Minister shall ensure that the First Nations participate in the preparation of the Far North land use strategy and that the council of each of the First Nations pass a resolution approving the strategy.

(3.1) The Far North land use strategy shall contain policies that promote the objectives set out in section 6, including,

(a) an ecological integrity policy which sets out indicators for ecological integrity in the Far North;

(b) policy guidance on the best methods for the sequestration of carbon in the Far North;

(c) a drinking water source protection policy for the Far North; and

(d) an integration policy that ensures that community based land use plans in the Far North are consistent with each other.


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Mr. Bisson


AYES

NAYS

Mr. Ouellette


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-5

Mrs. Jeffrey moved, - That subsection 7 (4) of the Bill be amended by striking out "and" at the end of clause (h) and by adding the following clause:

(h. I ) policies relating to,

(i) amending community based land use plans and the process for making the amendments,

(ii) categories of land use designations in a planning area and the land uses and activities that are permitted in a category of land use designation, and

(iii)categories of protected areas and the land uses and activities that are permitted in a category of protected area; and


The witness, Ms. Qureshi, answered questions.


Mrs. Jeffrey moved, - That subsection 7 (6) of the Bill be amended by striking out the portion before paragraph I and substituting the following:

(6) The Minister shall prepare policy statements which may relate to the following matters in the Far North, submit the statements to the Lieutenant Governor in Council and, with the approval of the Lieutenant Governor in Council, issue the statements:



(8) At least every 10 years after issuing a Far North policy statement, the Minister shall invite the First Nations having one or more reserves in the Far North and one or more First Nations not having a reserve in the Far North to work together in reviewing the statement to determine whether it is necessary to amend it.



On section 7.1:

Mr. Ouellette moved, - That that the Bill be amended by adding the following section:


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7.1 (l) No land use plan shall be prepared under section 8 or approved as a community based land use plan under that section unless the Minister has,

(a) had a comprehensive mapping performed of the Far North showing geological formations and current mineral exploration;

(b) posted a copy of the mapping on the Government of Ontario site on the Internet;

(c) provided an opportunity to the public to provide written comments on the accuracy of the mapping within the time period that the Minister specifies;

(d) taken into account the comments received under clause (c); and

(e) made an order confirming the mapping.

(2) Upon complying with clauses (1) (a) to (d), the Lieutenant Governor in Council may make an order under clause (1) (e) confirming the mapping with the changes, if any, from the copy posted under clause (b) that the Minister considers appropriate.


On section 8:

Mrs. Jeffrey moved, - That subsections 8 (l) and (2) of the Bill be amended by adding "initiating the planning process by" after "their interest in" wherever that expression appears.


Mr. Ouellette moved, - That subsections 8 (1) and (2) of the Bill be struck out and the following substituted:

(I) Subject to section 7.1, if one or more of the following bodies indicate to the Minister their interest in preparing terms of reference to guide the designation of an area in the Far North as a planning area and the preparation of a land use plan for the purposes of this section, the Minister shall work with them to prepare the terms of reference:

I. First Nations whether or not they have a reserve in the Far North.

2. Associations of persons commonly referred to as non-status Indians and Metis or of persons of the Inuit race, if the Government of Ontario or Canada recognizes the associations as representative of those persons and representative of the interests of residents of the Far North.

3. Associations of other persons if the Government of Ontario or Canada recognizes the associations as representative of the interests of residents of the Far North.


Mrs. Jeffrey moved, - That section 8 of the Bill be amended by adding the following subsection:

(2.1) The First Nations that work with the Minister under subsection (I) or (2) and the Minister shall,

(a) create a joint planning team that the parties shall use when preparing the terms of reference, the land use plan mentioned in subsection (5) and any amendments to the terms of reference, the planning area or the plan; and


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(b) include a description of the joint planning team in the terms of reference.


Mr. Ouellette moved, - That clause 8 (3) (a) of the Bill be struck out and the following substituted:

(a) the council of each of the First Nations and each of the bodies that works with the Minister under subsection (l) have passed a resolution approving the terms of reference;

RULING BY THE CHAIR

THE VICE-CHAIR: This motion is dependant on a previous motion that was lost. I therefore rule the motion out of order.

Mr. Bisson moved, - That clause 8 (3) (b) of the Bill be struck out and the following substituted:

(b) the Commission and the Lieutenant Governor in Council have approved the terms of reference; and


Mrs. Jeffrey moved, - That subsection 8 (5) of the Bill be amended by striking out "One or more of' at the beginning.


Mr. Ouellette moved, - That subsection 8 (5) of the Bill be struck out and the following substituted:

(5) One or more of the bodies that work with the Minister under subsection (I) may work with the Minister to prepare a land use plan for the planning area.

RULING BY THE CHAIR

THE VICE-CHAIR: This motion is dependant on a previous motion that was lost. I therefore rule the motion out of order.


(6) In preparing a land use plan under subsection (5), the First Nations that prepare the plan and the Minister shall ensure that the plan is consistent with,

(a) the Far North land use strategy as it exists at the time the plan is prepared; or

(b) the objectives set out in section 6 if there is no Far North land use strategy at the time that the plan is prepared.


Mr. Ouellette moved, - That subsection 8 (8) of the Bill be amended by adding the following clause:

(c. I) specify the effect that the land uses that are permitted in the area will have on fishing, trapping, hunting, prospecting and commercial timber harvest;



-8-

Mrs. Jeffrey moved, - That clauses 8 (10)(a) and (b) of the Bill be struck out and the following substituted:

(a) the First Nations that work with the Minister under subsection (1) or (2) on preparing the original terms of reference work with the Minister to prepare terms of reference to guide the making of the amendment;

(b) the council of each of the First Nations that work with the Minister under subsection (I) or (2) on preparing the original terms of reference has passed a resolution approving the terms of reference to guide the making of the amendment;



(11) At any time before a land use plan mentioned in subsection (5) is approved as a community based land use plan, the First Nations that worked with the Minister under subsection (1) or (2) on preparing the terms of reference may work with the Minister to amend the terms of reference as they apply to guide the preparation of the plan.


Mrs. Jeffrey moved, - That clause 8 (12) (a) of the Bill be struck out and the following substituted:

(a) the council of each of the First Nations that prepared the original terms of reference with the Minister has passed a resolution approving the terms of reference containing the amendment; and



Section 9 carried.

Section 10 carried.

On section 11:

Mr. Bisson moved, - That clause II (2) (a) of the Bill be struck out and the following substituted:

(a) the construction is for a First Nation community use and has the support of the First Nations that are affected by the development, as evidenced by resolutions passed by their councils; and


Mrs. Jeffrey moved, - That subsection II (3) of the Bill be amended by striking out the portion before clause (a) and substituting the following:

(3) Despite subsections (I) and (2), a person may undertake a development described in subsection (1) if,


Mr. Ouellette moved, - That clause 11 (3) (a) of the Bill be struck out and the following substituted:


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( a) the Minister by order confirms that a community in the area where the development is to take place has determined that the development is predominantly for the benefit of the community; or


Mr. Bisson moved, - That clause 11 (3) (b) of the Bill be amended by adding "significant" after "the development is in the".


Mr. Ouellette moved, - That subclause 11 (4) (c) (ii) of the Bill be struck out and the following substituted:

(ii) a community in the area has determined that the development is predominantly for the benefit of the community;



Mr. Bisson

Mrs. Jeffrey Mrs. Mangat

AYES

NAYS

Mr. Ouellette


After debate, the question being put on section 11, as amended, it was carried.

On section 12:

-2

-4

Mrs. Jeffrey moved, - That subsections 12 (2) and (3) of the Bill be amended by striking out "Northern Development and Mines" wherever that expression appears and substituting in each case "Northern Development, Mines and Forestry".



On section 13:

Mr. Ouellette moved, - That paragraph 1 of subsection 13 (2) of the Bill be amended by striking out "prospecting".


Mr. Ouellette moved, - That section 13 of the Bill be amended by adding the following subsection:

(2.1) Nothing in subsection (l) or (2) shall prevent a person from doing anything in relation to infrastructure development in a protected area.




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(4) Subsection (1) or (2) does not apply if,

(a) the Lieutenant Governor in Council by order determines that the allocation, disposition or use of public land and natural resources in the planning area or the deVelopment in the planning area, as the case may be, is in the significant social and economic interests of Ontario and takes into account the objectives set out in section 6; and

(b) the council of each of the First Nations that worked with the Minister under section 8 to prepare the community based land use plan for the planning area has passed a resolution approving the allocation, disposition or use mentioned in clause (a).


Section 13 carried.


On section 16:

Mr. Ouellette moved, - That section 16 of the Bill be amended by adding the following subsection:

(3) When establishing a body under subsection (1), the Minister shall ensure that the body includes representatives of hunting, trapping and angling organizations.


Mrs. Jeffrey moved, - That section 16 of the Bill be struck out and the following substituted:

16. (l) The Minister shall establish one or more bodies to advise the Minister on matters relating to this Act.

(2) The Minister shall invite the First Nations having one or more reserves in the Far North and one or more First Nations not having a reserve in the Far North to participate in discussions with the Minister with respect to establishing a joint body to,

(a) advise the Minister on the development, implementation and coordination of land use planning in the Far North in accordance with this Act; and

(b) perform the other functions to which the Minister and the First Nations that participate in the discussions agree.

(3) The discussions shall focus on factors relevant to establishing the joint body, including,

(a) the criteria that members of the body must meet to be eligible to be appointed to the body;

(b) the functions of the body;

( c) the procedures that the body is required to follow in carrying out its functions, including the frequency of its meetings and the selection of a chair or two or more co-chairs for it; and

(d) any other matters that the Minister and the First Nations that participate in the discussions agree to with respect to establishing the body.

ADJOURNMENT:


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(4) If the First Nations that participate in the discussio~s and the Minister make a joint recommendation to establish the joint body, the Minister shall,

(a) take into account the discussions and establish the joint body ill

accordance with subsections (5) and (6); and

(b) ensure that the instrument establishing the body sets out the functions of the body as described in subsection (2).

(5) The Minister shall not establish more than one joint body.

(6) The joint body shall be composed of the following in equal numbers:

I. Members of First Nations.

2. Representatives of the Government of Ontario.


A 20-minute recess having been requested pursuant to Standing Order 129(a), at 5:44 p.m. the Committee recessed.

At 6:00 p.m., the Committee adjourned until 4:00 p.m. on Wednesday, October 21, 2009.

A Trevor Day,


ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 45

WEDNESDAY, OCTOBER 21, 2009



Members of the Committee present: KuJdip Kular, MPP; Amrit Mangat, MPP; Bill Mauro, MPP; Reza Moridi, MPP.

Substitutions present: Gilles Bisson, MPP for Rosario Marchese, MPP; Randy Hillier, MPP for John Yakabuski, MPP; Jerry Ouellette, MPP for Joyce Savoline, MPP; Lou Rinaldi, MPP for Helena Jaczek, MPP.

Witness: From the Ministry of Natural Resources: Jessica Ginsburg, Legal Counsel.

In Attendance: Michael Wood, Legislative Counsel.

The Committee met pursuant to its Order of Reference dated Wednesday, June 3, 2009 to resume consideration of Bill 191, An Act with respect to land use planning and protection in the Far North.

At 4:03 p.m., the Acting Chair (Mr. Mauro) assumed the chair.


The Committee resumed consideration of Mrs. Jeffrey's motion, - That section 16 of the Bill be struck out and the following substituted:

16. (1) The Minister shall establish one or more bodies to advise the Minister on matters relating to this Act.

(2) The Minister shall invite the First Nations having one or more reserves in the Far North and one or more First Nations not having a reserve in the Far North to participate in discussions with the Minister with respect to establishing a joint body to,

(a) advise the Minister on the development, implementation and coordination of land use planning in the Far North in accordance with this Act; and

(b) perform the other functions to which the Minister and the First Nations that participate in the discussions agree.

(3) The discussions shall focus on factors relevant to establishing the joint body, including,

(a) the criteria that members of the body must meet to be eligible to be appointed to the body;

(b) the functions of the body;

(c) the procedures that the body is required to follow in carrying out its functions, including the frequency of its meetings and the selection of a chair or two or more co-chairs for it; and


-2-

(d) any other matters that the Minister and the First Nations that participate in the discussions agree to with respect to establishing the body.

(4) If the First Nations that participate in the discussions and the Minister make a joint recommendation to establish the joint body, the Minister shall,

(a) take into account the discussions and establish the joint body III

accordance with subsections (5) and (6); and

(b) ensure that the instrument establishing the body sets out the functions of the body as described in subsection (2).

(5) The Minister shall not establish more than one joint body.

(6) The joint body shall be composed of the following in equal numbers:

1. Members of First Nations.

2. Representatives of the Govemment of Ontario.


Mr. Kular Mr. Moridi Mr. Rinaldi

Mr. Bisson


Section 17 carried.

Section 18 carried.

On section 18.1:

AYES

NAYS

Mrs. Mangat Mr. Orazietti

Mr. Ouellette


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-2

18.1 (1) The Minister shall undertake a periodic review of this Act at least every five years, beginning from five years after this section comes into force, with a view to proposing amendments to this Act.

(2) In undertaking the review, the Minister shall provide opportunities to First Nations to,

(a) provide feedback on how the Minister should undertake the review; and

(b) provide meaningful input during the review.

(3) The Minister shall prepare a report of the review, lay the report before the Assembly if it is in session, deposit the report with the Clerk of the Assembly if the Assembly is not in session and provide a copy of the report to the First Nations.


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After debate, the question being put on section 18.1, it was lost on the following division:

Mr. Bisson

Mr. Kular Mr. Moridi Mr. Rinaldi


On section 21 :

AYES

NAYS

Mr. Ouellette

Mrs. Mangat Mr. Orazietti

-2

-5

Mr. Bisson moved, - That section 21 of the Bill be amended by adding the following subsection:

(2) Section 9 of the Act is amended by adding the following subsection:

(6) Despite anything in this Act except for section 16, nothing shall prevent a First Nation within the meaning of the Far North Act, 2009 from carrying on any activity in a provincial park or conservation reserve.


Mr. Ouellete moved, - That the motion be amended by adding the word "traditional" after the word "any" and prior to the word "activity".



The witness, Ms. Ginsburg, answered questions.


Mr. Bisson


AYES

NAYS

The question being put on the main motion, it was lost.

Mr. Ouellette

Mrs. Mangat Mr. Rinaldi

-2

-4

Mr. Orazietti moved, - That section 21 of the Bill be struck out and the following substituted:

21. Section 9 of the Provincial Parks and Conservation Reserves Act, 2006 is amended by adding the following subsections:

ADJOURNMENT:


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(6) Despite subsections (1) to (5), the Lieutenant Governor in Council may make an order decreasing the area of a provincial park or conservation reserve that is located in whole or in part in a planning area only if,

(a) a replacement area of equal or increased size is designated as a protected area in a community based land use plan or the order is conditional on there being a replacement area of equal or increased size designated as a protected area in a community based land use plan;

(b) the replacement area described in clause (a) contributes to the protection of areas of cultural value in the Far North and the protection of ecological systems in the Far North; and

(c) before making the order, the Lieutenant Governor in Council provides notice to the public of a proposed order and provides an opportunity for the public, within the time period that the Lieutenant Governor in Council specifies, to provide written comments on the proposed order.

(7) Upon complying with subsection (6), the Lieutenant Governor in Council may make an order under that subsection with the changes, if any, from the proposed order mentioned in clause (6) ( c) that the Lieutenant Governor in Council considers appropriate.

(8) In subsection (6),

"community based land use plan", "Far North", "planning area" and "protected area" have the same meaning as in the Far North Act, 2009. ("plan communautaire d'amenagement du territoire", "Grand Nord", "zone d'amenagement", "zone protegee")




The title carried.



The Committee met pursuant to its permanent Order of Reference, Standing Order !08(c).

Mr. Kular moved, - That Mr. Mauro replace Ms. Broten as the government member of the Sub-committee on committee business.


At 4:43 p.m., the Committee adjourned to the call of the Chair.

~t' Trevor Day,


ORDER;

ATTENDANCE;

PROCEEDINGS;



MEETING NUMBER 46

MONDAY, NOVEMBER 2, 2009



Members of the Committee present: Helena Jaczek, MPP; Kuldip Kular, MPP; Bill Mauro, MPP; Reza Moridi, MPP; David Orazietti, MPP; John Yakabuski, MPP.

Substitutions present: Bas Balkissoon, MPP for Amrit Mangat, MPP; Toby Barrett, MPP for Joyce Savoline, MPP; Peter Tabuns, MPP for Rosario Marchese, MPP.

Witnesses: From Energy Probe: Lawrence Solomon, Executive Director.

From the Climate Change Secretariat: Hugh MacLeod, Associate Deputy Minister to the Premier; Jim Whitestone, Director, Air Policy Instruments and Programs Design Branch, Ministry of the Environment.

From the Cement Association of Canada: Luc Robitaille, Corporate Director, Environment, Holcim Canada Inc.; Gerald Kennedy, Senior Manager, Environmental Affairs.

From Suncor Energy: Mike Cassaday, Manager, Fuel Quality and Environmental Planning; Michael Kandravy, Senior Advisor, Regulatory Affairs.

From Imperial Oil Ltd.: James Hughes, Manager, Energy Analysis, Corporate Planning Department.

From the Registered Nurses' Association of Ontario (RNAO): Kim Jarvi, Senior Economist.

From Union Gas, Canadian Gas Association: Mel Y dreos, Vice-President, Marketing and Customer Care; David Sword, Director, Government and Aboriginal Affairs.

Grant Church.

From the Clean and Reliable Energy Supply Consortium (CARES): Elisabeth DeMarco, Representative.

From Blue-Zone Technologies Ltd.: Elisabeth DeMarco, Representative.


The Committee met pursuant to its Order of Reference dated Tuesday, September 29, 2009 to consider Bill 185, An Act to amend the Environmental Protection Act with respect to greenhouse gas emissions trading and other economic and financial instruments and market-based approaches.



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Your Sub-committee met on Friday, October 23, 2009 to consider the method of proceeding on Bill 185, An Act to amend the Environmental Protection Act with respect to greenhouse gas emissions trading and other economic and financial instruments and market-based approaches, and recommends the following:

1. That the Committee meet in Toronto on Monday, November 2, 2009 and Wednesday, November 4,2009 for the purpose of holding public hearings.

2. That the Committee Clerk, with the authorization of the Chair, post information regarding public hearings in the Ontario edition of the Globe and Mail and L'Express for one day during the week of October 26, 2009.

3. That the Committee Clerk, with the authorization of the Chair, post information regarding public hearings on the Ontario Parliamentary channel, the Legislative Assembly website and Canada NewsWire.

4. That the Committee invite Hugh MacLeod, the Associate Deputy Minister to the Premier, Climate Change Secretariat, and Marcel Coutu, President and CEO of the Canadian Oil Sands Trust, to make a presentation of up to 10 minutes followed by five minutes of questions from the Committee.

5. That interested parties who wish to be considered to make an oral presentation contact the Committee Clerk by 12:00 noon on Friday, October 30, 2009.

6. That groups and individuals be offered 10 minutes for their presentation. 1bis time is to be scheduled in 15 minutes increments to allow for questions from the Committee.

7. That witnesses be scheduled on a frrst-come, first-served basis for the Monday, November 2, 2009, hearing date.

8. That, in the event all remammg witnesses cannot be scheduled for the Wednesday, November 4,2009 hearing date, the Committee Clerk provide the members of the Sub-committee with a list of requests to appear.

9. That the members of the Sub-committee prioritize and return the list of requests to appear by 12:00 noon on Monday, November 2,2009 and that the Committee Clerk schedule witnesses based on those prioritized lists.

10. That the deadline for written submissions be 5:00 p.m. on Wednesday, November 4,2009.

II. That the Research Officer provide the Committee with a summary of presentations by Thursday, November 12,2009.

12. That, for administrative purposes, proposed amendments be filed with the Committee Clerk by 12:00 noon on Thursday, November 12,2009.

13. That the Committee meet for the purpose of clause-by-clause consideration of the Bill on Wednesday, November 18, 2009.


Mr. Mauro moved, - That the Report of the Sub-committee be adopted.


The witness, Mr. Solomon, made a statement and answered questions.


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The witness, Mr. MacLeod, made a statement and, with Mr. Whitestone, answered questions.

The witnesses, Mr. Kennedy and Mr. Robitaille, made statements and Mr. Robitaille answered questions.

The witness, Mr. Cassaday, made a statement and, with Mr. Kandravy, answered questions.

The witness, Mr. Hughes, made a statement and answered questions.

The witness, Mr. Jarvi, made a statement and answered questions.

The witness, Mr. Ydreos, made a statement and, with Mr. Sword, answered questions.

The witness, Mr. Church, made a statement and answered questions.

The witness, Ms. Demarco, made a statement on behalf of Clean and Reliable Energy Supply Consortium (CARES) and answered questions.

The witness, Ms. Demarco, made a statement on behalf of Blue Zone Technologies Ltd. and answered questions.


EXHIBIT NO. 1/1O/00IA

EXHIBIT NO. 1/1O/001B







MINISTRY OF THE ENVIRONMENT -Briefing Binder relating to Bill 185, An Act to amend the Environmental Protection Act with respect to greenhouse gas emissions trading and other economic and financial instruments and market-based approaches.

MINISTERE DE L'ENVIRONNEMENT Classeur d'expose concernant Ie projet de loi 185, Loi modifiant la Loi sur la protection de l'environnement en ce qui concerne l'echange de droits d'emission de gaz a effet de serre ainsi que d'autres instruments economiques et financiers et approches axees sur Ie marche.

ENERGY PROBE - Submission.

CEMENT ASSOCIATION OF CANADA -Submission entitled "Building a Sustainable Tomorrow" dated November 2,2009.

SUNCOR ENERGY November 2, 2009.

Submission dated

IMPERIAL OIL LTD. - Submission entitled "Imperial Oil Climate Change Policy Views" dated November 2,2009.

REGISTERED NURSES' ASSOCIATION OF ONT ARlO - Submission entitled "Speaking out for health. Speaking out for nursing."

UNION GAS, CANADIAN GAS ASSOCIATION - Submission entitled "Union Gas Remarks" dated November 2,2009.

ADJOURNMENT:





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GRANT CHURCH - Submission "Renewable Misery in Ontario" November 2, 2009.

entitled dated

CLEAN AND RELIABLE ENERGY SUPPLY CONSORTIUM (CARES) - Submission entitled "Key consideration for clean and reliable electricity suppliers" dated November 2, 2009.

BLUE-ZONE TECHNOLOGIES LTD. Submission dated November 2, 2009.

At 4:47 p.m., the Committee adjourned until 4:00 p.m. on Wednesday, November 18, 2009.

~(, Clerk of the Committee.

ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 47

WEDNESDAY, NOVEMBER 18, 2009



Members of the Committee present: Helena Jaczek, MPP; Kuldip Kular, MPP; Amrit Mangat, MPP; Bill Mauro, MPP; Reza Moridi, MPP; David Orazietti, MPP.

Substitutions present: Toby Barrett, MPP for Joyce Savoline, MPP; The Honourable John Gerretsen, MPP, Minister of the Environment for Reza Moridi, MPP (until 4:51 p.m.); Peter Tabuns, MPP for Rosario Marchese, MPP.

Witness: From the Ministry of the Environment: Heather Pearson, Executive Lead, Strategic Support.

In Attendance: Doug Beecroft, Legislative Counsel.

The Committee met pursuant to its Order of Reference dated Tuesday, September 29, 2009 to resume consideration of Bill 185, An Act to amend the Environmental Protection Act with respect to greenhouse gas emissions trading and other economic and financial instruments and market-based approaches.


By unanimous consent, the Committee agreed to postpone consideration of section I until consideration of the govemment motion on subsections 176.1 (6) to (9) of the Act as set out in subsection 2 (2) of the bill was completed.

On section 2:

The Minister, Mr. Gerretsen, moved, - That subsection 2 (2) of the Bill be amended by adding the following subsections to section 176.1 of the Environmental Protection Act:

(6) Any amount paid to the Minister of Finance from the distribution of instruments under the regulations made under clause (4) (a) shall be deposited in a separate account in the Consolidated Revenue Fund to be known in English as the Greenhouse Gas Reduction Account and in French as Compte de reduction des gaz a effet de serre.

(7) For the purpose of the Financial Administration Act, money deposited in the Greenhouse Gas Reduction Account shall be deemed to be money paid to Ontario for the special purpose described in subsection (8).

(8) Money may be paid out of the Greenhouse Gas Reduction Account for the purpose of reimbursing the Crown in right of Ontario for costs incurred by the Crown in administering the regulations under this section that relate to greenhouse gases and in carrying out or supporting greenhouse gas reduction initiatives, particularly initiatives that relate to the sectors of the Ontario economy to which the regulations apply.

(9) Without limiting the generality of subsection (8), money may be paid out of the account under that subsection with respect to the following costs:


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I. The costs of research into or the development or deployment of lower greenhouse gas emitting technologies in a sector of the Ontario economy to which the regulations under clause (4) (a) apply.

2. The costs of programs to reduce greenhouse gas emissions in a sector of the Ontario economy to which the regulations under clause (4) (a) apply.

3. The costs of infrastructure or equipment to reduce greenhouse gas emissions in a sector of the Ontario economy to which the regulations under clause (4) (a) apply.

4. If the regulations made under clause (4) (a) apply to the electricity sector of the Ontario economy, costs of any greenhouse gas reduction initiative that would otherwise be borne by electricity consumers.


The witness, Ms. Pearson, answered questions.


The Committee resumed consideration of section 1 of the Bill.

On section I:

Mr. Barrett moved, - That the definition of "greenhouse gas" in subsection 1 (1) of the Environmental Protection Act, as set out in section I of the Bill, be amended by striking out the portion before clause (a) and substituting the following:

"greenhouse gas" means a gas that contributes to the greenhouse effect by absorbing infrared radiation, including,


Mr. Barrett moved, - That the definition of "greenhouse gas" in subsection 1 (1) of the Environmental Protection Act, as set out in section I of the Bill, be amended by striking out "or" at the end of clause (e), by adding "or" at the end of clause (f) and by adding the following clauses:

(g) nitrogen trifluoride,

(h) water vapour,

(i) ozone,

(j) chlorofluorocarbon, or

(k) hydro-fluorinated ethers, including desflurane, sevoflurane and isoflurane;


Ms. Jaczek moved, - That the definition of "greenhouse gas" in subsection I (1) of the Environmental Protection Act, as set out in section I of the Bill, be amended by striking out "or" at the end of clause (e), by adding "or" at the end of clause (f), and by adding the following clause:

(g) any other contaminant prescribed as a greenhouse gas by the regulations;



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Section I, as amended, carried.

On section 2:

Mr. Barrett moved, - That subsection 2 (1) of the Bill be amended by adding the following subsection to section 176.1 of the Environmental Protection Act:

(1.1) In this section,

"emissions trading" means a tradable-permit system in which a person who emits a contaminant can buy from other persons, or sell to other persons, permission to emit a certain amount of the contaminant, where the market price of this permission reflects the marginal cost of emission reduction and gives a person who emits the contaminant the incentive to install and manage a cost effective contaminant control system as an income producing asset.




"financial instrument" means a real or virtual document representing a legal agreement involving some sort of monetary value.




"market-based approach" means an approach based on a method of arriving at the appraisal value of an asset, instrument or interest on the basis of the prices at which similar items are available or were sold within the last three to six months, making appropriate adjustments for differences in quality, quantity or size.


Mr. Tabuns moved, - That 176.1 (4) of the Environmental Protection Act, as set out in subsection 2 (2) of the Bill, be struck out and the following substituted:

(4) A regulation under this section that relates to greenhouse gases,

(a) shall, despite subclause (2) (b) (ii), provide for instruments created by the regulations under subclause (2) (b) (i) to be distributed only by auction and may govern the distribution of those instruments; and

(b) may authorize a person or body to prescribe, govern or otherwise determine any matter that may be prescribed, governed or otherwise determined by the Lieutenant Governor in Council under this section.



Mr. Tabuns

Mr. Barrett Mr. Kular Mr. Mauro

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AYES

NAYS

Ms. Jaczek Mrs. Mangat Mr. Moridi

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Mr. Tabuns moved, - That subsection 2 (2) of the Bill be amended by adding the following subsection to section 176.1 of the Environmental Protection Act:

(5) A regulation under this section that relates to greenhouse gases shall promote the goal of reducing Ontario's greenhouse gas emissions to 25 per cent below 1990 levels by 2020.


Mr. Tabuns

Mr. Barrett Mr. Kular Mr. Mauro

AYES

NAYS


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At 5:23 p.m., there being a division in the House, the Chair suspended the meeting until 5:30 p.m.


(5) A regulation under this section that relates to greenhouse gases shall not be made unless the Lieutenant Governor has obtained and made available to the public,

(a) a report of an independent body on the total amount of greenhouse gases emitted annually in Ontario, including the annual amount of greenhouse gases emitted from products imported into Ontario; and

(b) a report of an independent body on the costs of complying with the regulation to persons engaged in,

(i) agriculture,

(ii) manufacturing,

(iii) steel production,

(iv) electricity generation using coal or natural gas,

(v) oil and natural gas exploration, and

(vi) chemical production.


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Ms. Jaczek moved, - That subsection 2 (2) of the Bill be amended by adding the foJlowing subsection to section 176.1 of the Environmental Protection Act:

(5) Without limiting the generality of clause (4) (a), a regulation under that clause may,

(a) prescribe objectives and other matters that must be considered in setting the percentages of instruments to be distributed by any of the means referred to in clause (4) (a);

(b) prescribe objectives and other matters that must be considered in setting reserve bids for instruments distributed by auction or sale prices for instruments distributed by sale.


Mr. Tabuns moved, - That subsection 2 (2) of the Bill be amended by adding the foJlowing subsection to section 176.1 of the Environmental Protection Act:

(6) A regulation under this section that relates to greenhouse gases shall not permit any person to create a financial instrument unless the regulations impose a limit on the amount of greenhouse gases the person may emit.

After debate, the question being put on the motion, it was lost on the foJlowing division:

Mr. Tabuns

Mr. Barrett Mr. Kular Mr. Moridi

AYES

NAYS


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Mr. Barrett moved, - That subsection 2 (2) of the Bill be amended by adding the foJlowing subsection to section 176.1 of the Environmental Protection Act:

(6) A regulation under this section that relates to greenhouse gases shall not be made unless it wiJl ensure a uniform and predictable cost of carbon.


Mr. Tabuns moved, - That subsection 2 (2) of the Bill be amended by adding the foJlowing subsection to section 176.1 of the Environmental Protection Act:

(7) A regulation under this section that relates to greenhouse gases shall not permit any person to use a financial instrument to authorize emissions of greenhouse gases if the instrument was created by a person whose greenhouse gas emissions are not limited by the regulations or by the law of another jurisdiction.

After debate, the question being put on the motion, it was lost on the foJlowing division:


Mr. Tabuns


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AYES

NAYS


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(7) A regulation under this section that relates to greenhouse gases shall not be made unless a national emissions trading system for greenhouse gases has been implemented under an Act of the Parliament of Canada and the regulation is integrated into that system.



(8) A regulation under this section that relates to greenhouse gases shall not permit any of the following persons to sell or otherwise transfer any financial instrument that, under the regulations made under clause (4) (a), was distributed to the person in respect of a generation facility, as defined in the Electricity Act, 1998, that uses coal or any other fossil fuel as a power source:

I. Ontario Power Generation Inc. or any of its subsidiaries.

2. A person who transmits electricity into the IESO-controlled grid, as defined in the Electricity Act, 1998.


Mr. Tabuns


AYES

NAYS


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LEGISLATIVE RESEARCH SERVICE Summary of recommendations - Bi1I185, An Act to amend the Environmental Protection Act with respect to greenhouse gas emissions trading and other economic and financial instruments and market-based approaches, dated November 6, 2009.

CLEAN AFFORDABLE ENERGY ALLIANCE - Written submission dated November 2, 2009.

ADJOURNMENT:


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At 6:00 p.m., the Committee adjourned until 2:00 p.m. on Monday, November 23,2009.

~f Trevor Day,


ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 48




Members of the Committee present: Helena Jaczek, MPP; Kuldip Kular, MPP; Bill Mauro, MPP; Reza Moridi, MPP; David Orazietti, MPP.

Substitntions present: Bas Balkissoon, MPP for Amrit Mangat, MPP; Toby Barrett, MPP for Joyce Savoline, MPP; Peter Tabuns, MPP for Rosario Marchese, MPP.

In Attendance: Doug Beecroft, Legislative Counsel.

The Committee met pursuant to its Order of Reference dated Tuesday, September 29, 2009 to resume consideration of Bill 185, An Act to amend the Environmental Protection Act with respect to greenhouse gas emissions trading and other economic and financial instruments and market-based approaches.

The Committee resumed c1ause-by-c1ause consideration of Bill 185.

The Committee resumed consideration of section 2 of the bill.


(8) A regulation under this section that relates to greenhouse gases shall not be made unless the Govemment of Ontario has established a program to assist persons who may be subject to a disproportionate competitive disadvantage as a result of the regulation.



(9) Any amount paid to the Crown in right of Ontario from the distribution of fmancial instruments under the regulations made under clause (4) (a) shall be used for the following purposes, in the following order of priority:

I. First, to support transition by persons and other bodies away from fossil fuel use.

2. Second, to support a just transition for workers affected by the phasing out of fossil fuels.

3. Third, to assist people whose livelihood has been negatively affected by climate change, including but not limited to farmers and victims of extreme weather.


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RULING BY THE CHAIR

THE CHAIR: Standing Order 57 states: "Any bill, resolution, motion or address, the passage of which would impose a tax or specifically direct the allocation of public funds, shall not be passed by the House unless recommended by a message from the Lieutenant Governor, and shall be proposed only by a minister of the Crown." I therefore rule this motion out of order as it specifically directs the allocation of public funds.


(9) A regulation under this section that relates to greenhouse gases shall not be made unless the Govemment of Ontario has established a technology fund to assist in,

(a) moderating the cost of new technology to reduce greenhouse gas emissions; and

(b) directing investment to the development of new technology to reduce greenhouse gas emissions.



(10) A regulation under this section that relates to greenhouse gases shall not impose a tax on persons who emit greenhouse gases.



(11) A regulation that relates to greenhouse gases shall not be made under this section unless the Minister has engaged in transparent public consultation on the final draft of the regulation.



(12) A regulation under this section that relates to greenhouse gases is not effective unless it has been approved by a resolution of the Legislative Assembly.


Mr. Barrett

Mr. Balkissoon Mr. Kular Mr. Moridi

AYES

NAYS

Ms. Jaczek Mr. Mauro Mr. Tabuns

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-6

ADJOURNMENT:


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The preamble carried.

The title carried.




~ff Trevor Day,


ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 49

WEDNESDAY, NOVEMBER 25, 2009



Members of the Committee present: Helena Jaczek, MPP; Kuldip Kular, MPP; Bill Mauro, MPP; David Orazietti, MPP; Joyce Savoline, MPP.

Substitutions present: Bob Delaney, MPP for Reza Moridi, MPP; Linda Jeffrey, MPP for Amrit Mangat, MPP; Julia Munro, MPP for John Yakabuski, MPP; Peter Tabuns, MPP for Rosario Marchese, MPP.

Witnesses: From Canadian Federation of Independent Business: Satinder Shera, Director, Provincial Affairs; Angela Cloutier, Policy Analyst.

From Ontario Public Services Employees Union (OPSEU): Warren Thomas, President.

From the City of Toronto: Maria Augimeri, Councillor.

From Communications, Energy and Paperworkers Union of Canada: Kim Ginter, Administrative Vice-President; Josephine Petcher, National Representative.

In Attendance: Andrew McNaught, Research Officer.

The Committee met pursuant to its Orders of Reference dated Thursday, November 19,2009 and Monday, November 23,2009 to consider Bill 187, An Act to amend the Technical Standards and Safety Act, 2000 and the Safety and Consumer Statutes Administration Act, 1996.



Your Sub-committee met on Friday, November 20,2009 to consider the method of proceeding on Bill 187, An Act to amend the Technical Standards and Safety Act, 2000 and the Safety and Consumer Statutes Administration Act, 1996, and recommends the following:

1. That pursuant to the Order of the House, the Committee meet in Toronto on Wednesday, November 25,2009 for the purpose of holding public hearings.

2. That the Committee Clerk, with the authorization of the Chair, post information regarding public hearings on the Ontario Parliamentary channel, the Legislative Assembly website and the Canadian NewsWire.

3. That interested parties who wish to be considered to make an oral presentation contact the Committee Clerk by 12:00 noon on Tuesday, November 24, 2009.

4. That groups and individuals be offered 15 minutes for their presentation should the Committee receive eight (8) or fewer requests or 10 minutes for their presentation should the Committee receive nine (9) or more requests.


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5. That in the event all witnesses cannot be scheduled, the Committee Clerk provide the members of the Sub-committee with a list of requests to appear by 12:00 noon on Tuesday, November 24, 2009.

6. That the members of Sub-committee prioritize and return the list of requests to appear by I :00 p.m. on Tuesday, November 24, 2009.

7. That the deadline for written submissions be 5:00 p.m. on Thursday, November 26, 2009.

8. That pursuant to the Order of the House, proposed amendments be filed with the Committee Clerk by 12:00 noon on Friday, November 27, 2009.

9. That pursuant to the Order of the House, the Committee meet for the purpose of clause-by-clause consideration of the Bill on Monday, November 30, 2009.


Mr. Mauro moved, - That the Report of the Sub-committee be adopted.


The witnesses, Mr. Shera and Ms. Cloutier, made statements and answered questions.

The witness, Mr. Thomas, made a statement and answered questions.

The witness, Ms. Augimeri, made a statement and answered questions.

At 4:43 p.m., there being a division in the House, the Chair suspended the meeting until 4:51 p.m.

The witness, Ms. Augimeri, answered questions.

The witness, Mr. Ginter, made a statement and, with Ms. Petcher, answered questions.





CANADIAN FEDERATION OF INDEPENDENT BUSINESS - Submission package containing a document entitled "Business Barometer"; a document entitled "Fixing the TSSA: Bill 187 is a step in the right direction"; a letter to Todres Leadership Counsel dated March 11, 2009; a letter to the Minister of Small Business and Consumer Services dated March 31, 2009; a letter to the Technical Standards and Safety Authority dated August 31,2009.

ONTARIO PUBLIC SERVICES EMPLOYEES UNION (OPSEU) - Submission dated November 25,2009.

COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA -Submission dated November 25,2009.

ADJOURNMENT:


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At 5:14 p.m., the Committee adjourned until 4:00 p.m. on Monday, November 30,2009.

for Trevor Day,

Clerk ofthe Committee.

ORDER:

ATTENDANCE:

PROCEEDINGS:



MEETING NUMBER 50




Members of the Committee present: Helena Jaczek, MPP; Kuldip Kular, MPP; Amrit Mangat, MPP; Bill Mauro, MPP; Reza Moridi, MPP; David Orazietti, MPP.

Substitutions present: Julia Munro, MPP for John Yakabuski, MPP; Peter Tabuns, MPP for Rosario Marchese, MPP.

In Attendance: Marie-France Lemoine, Legislative Counsel.

The Committee met pursuant to its Orders of Reference dated Thursday, November 19,2009 and Monday, November 23, 2009 to resume consideration of BilJ 187, An Act to amend the Technical Standards and Safety Act, 2000 and the Safety and Consumer Statutes Administration Act, 1996.

The Committee commenced clause-by-clause consideration of BilJ 187.

Section 1 carried.

Mr. Tabuns moved, - That sections 3.1 to 3.24 of the Technical Standards and Safoty Act, 2000, as set out in section 2 of the Bill, be struck out and the following substituted:

3.1 The letters patent and supplementary letters patent of the Technical Standards and Safety Authority are revoked.

3.2 All powers, duties, functions and responsibilities that could be exercised or perfonned by the Technical Standards and Safety Authority before the revocation of its letters patent under section 3.1 are transferred and assigned to the Ministry of Consumer Services.


Mr. Tabuns

Ms. Jaczek Mr. Mauro

AYES

NAYS


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Mr. Tabuns moved, - That section 3.6 of the Technical Standards and Safoty Act, 2000, as set out in section 2 of the BilJ, be amended by adding the following paragraph:

2.1 To carry out without charge inspections of unsafe conditions at the request of any affected person.


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Mr. Tabuns


AYES

NAYS

Mr.Kular Mr. Mauro

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Mr. Tabuns moved, - That section 3.6 of the Technical Standards and Safety Act, 2000, as set out in section 2 of the Bill, be amended by adding the following paragraph:

3.1 To implement around hazardous facilities safety zones that conform at least with the standards of the; American Environmental Protection Agency.


Mr. Tabuns


AYES

NAYS

Mr. Kular Mr. Mauro

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Mr. Tabuns moved, - That section 3.6 of the Technical Standards and Safety Act, 2000, as set out in section 2 of the Bill, be amended by adding the following paragraph:

4.1 To provide notice and full reasons to the public, safety authorities and other stakeholders of any variance from requirements aimed at protecting public safety and the environment.


Mr. Tabuns


AYES

NAYS

Mr. Kular Mr. Mauro Mrs. Munro

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Mr. Tabuns moved, - That section 3.11 of the Technical Standards and Safety Act, 2000, as set out in section 2 of the Bill, be struck out and the following substituted:


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3.11 (1) The Minister shall appoint a chief safety and risk officer who shall be paid out of funds appropriated by the Legislature for that purpose.

(2) The chief safety and risk officer shall independently review the Corporation's activities or proposed activities related to the public safety responsibilities assigned to the Corporation under this Act and the regulations.

(3) The chief safety and risk officer may prepare a report on any matter related to the Corporation's activities or proposed activities referred to in subsection (2) if the officer considers it in the public interest to do so.

(4) The chief safety and risk officer shall prepare an annual report and such other reports as may be requested by the Minister.

(5) Reports prepared by the chief safety and risk officer shall be made available to the public.


Mr. Tabuns


AYES

NAYS

Mr. Kular Mr. Mauro Mrs. Munro

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Mrs. Munro moved, - That section 2 of the Bill be amended by adding the following:

3.21.1 (1) Two years after the Technical Standards and Safety Statute Law Amendment Act, 2009 receives Royal Assent, the Minister shall ensure that a review is conducted of the performance, governance and activities of the Corporation and that a report setting out the findings from the review is prepared.

(2) The review conducted under subsection (1) shall include, but not be limited to, a review of the following:

1. The mandate of the Corporation.

2. The costs and compliance impacts specifically affecting small business.

3. The costs and fee structure for inspections under the Act.

4. The appeal processes from decisions under the Act.

5. Risk management practices.

6. Efficacy of inspections under the Act.

7. Efficacy of government oversight of the Corporation.

8 Public notification of activities and decisions of the Corporation.

9. Independence of the chief safety and risk officer.


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10. Governance structure of the Corporation and stakeholder activities of the Corporation.

(3) The review conducted under subsection (1) shall include extensive public consultations.

(4) The Minister shall deliver the report prepared under subsection (1) to the Speaker of the Assembly, who shall lay the report before the Assembly at the earliest reasonable opportunity.


Mrs. Munro


AYES

NAYS

Mr. Tabuns -2

Mr.Kular Mr. Mauro

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Mr. Tabuns moved, - That section 2 of the Bill be amended by adding the following section to the Technical Standards and Safety Act, 2000:

3.22.1 (1) The Corporation is deemed to be a governmental organization for the purposes of the Ombudsman Act.

(2) The Corporation is deemed to be an institution for the purposes of the Freedom of Information and Protection of Privacy Act.


Mrs. Munro


Section 2 carried.


The title carried.

AYES

Mr. Tabuns

NAYS

Mr. Kular Mr. Mauro

The question being put on Bill 187, it was carried on the following division:

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ADJOURNMENT:



Mrs. Munro

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AYES

Mr.Kular Mr. Mauro

NAYS

Mr. Tabuns

Ordered, - That the Chair report Bill 187, without amendment to the House.


~ Trevor~ Clerk of the Committee.

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Documents

collections.ola.org · ORDER: ATTENDANCE: MINUTES OF PROCEEDINGS STANDING COMMITTEE ON GENERAL GOVERNMENT MEETING NUMBER 26 WEDNESDAY, APRIL 22, 2009 ROOM 151, QUEEN'S PARK The Committee