The Bill enacts the Homelessness Task Force Act, 2024. The Act requires the Minister to establish a Homelessness Task Force comprised of members, appointed by the Minister, from specified groups. Subsection 2 (3) of the Act sets out the mandate of the Homelessness Task Force, including supporting the Government of Ontario in the creation, maintenance, renewing and modernizing of a provincial homelessness strategy. Section 3 of the Act requires the Homelessness Task Force to provide recommendations for matters to be included in that strategy. Section 4 of the Act requires the Homelessness Task Force to prepare an annual report setting out their recommendations and provide it to the Minister. The Act also requires the Minister to inform the Assembly of the Homelessness Task Force’s recommendations that the Minister recommends the Government of Ontario implement.
The Bill amends the Child, Youth and Family Services Act, 2017 and makes various related amendments to several other Acts. Here are some highlights of the amendments to the Child, Youth and Family Services Act, 2017:
1. Part II of the Act is amended with respect to offences and the rights of children in care with respect to the Ombudsman.
2. Part V of the Act is amended to provide an exception to the prohibition against publishing certain information.
3. Various amendments are made to Part IX of the Act, including,
This enactment amends the Criminal Code to codify the analytical framework the Supreme Court of Canada set out in its decision in R. v. Jordan regarding the right of an accused awaiting trial before a superior or provincial court to be tried within a reasonable time, and to provide for exceptions to this framework.
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting countering foreign interference”.
Part 1 amends the Canadian Security Intelligence Act to, among other things,
(a) update provisions respecting the collection, retention, querying and exploitation of datatsets;
(b) clarify the scope of section 16 of that Act;
(c) update provisions respecting the disclosure of information by the Canadian Security Intelligence Service;
(d) provide for preservation orders and production orders as well as warrants to obtain information, records, documents or things through a single attempt;
(e) expand the circumstances in which a warrant to remove a thing from the place where it was installed may be issued; and
(f) require a parliamentary review of that Act every five years.
It also makes a consequential amendment to the Intelligence Commissioner Act.
Part 2 amends the Security of Information Act to, among other things, create the following offences:
(a) committing an indictable offence at the direction of, for the benefit of, or in association with a foreign entity;
(b) knowingly engaging in surreptitious or deceptive conduct at the direction of, for the benefit of or in association with a foreign entity for a purpose prejudicial to the safety or interests of the State or being reckless as to whether the conduct is likely to harm Canadian interests; and
(c) engaging in surreptitious or deceptive conduct, at the direction of or in association with a foreign entity, with the intent to influence, among other things, the exercise of a democratic right in Canada.
It also amends that Act to remove as an element of the offence of inducing or attempting to induce — at the direction of, for the benefit of or in association with a foreign entity or terrorist group — by intimidation, threat or violence, a person to do anything or cause anything to be done, that the thing be done for the purpose of harming Canadian interests when the person who is alleged to have committed the offence or the victim has a link to Canada.
It also amends the Criminal Code to, among other things, broaden the scope of the sabotage offence to include certain acts done in relation to essential infrastructures and ensure that certain provisions respecting the interception of “private communications” as defined in that Act apply to certain offences in the Foreign Interference and Security of Information Act.
Finally, it makes consequential amendments to other Acts.
Part 3 amends the Canada Evidence Act and makes consequential amendments to other Acts to, among other things,
(a) create a general scheme to deal with information relating to international relations, national defence or national security in the course of proceedings that are in the Federal Court or the Federal Court of Appeal and that are in respect of any decision of a federal board, commission or other tribunal;
(b) permit the appointment of a special counsel for the purposes of protecting the interests of a non-governmental party to those proceedings in respect of such information; and
(c) allow a person charged with an offence to appeal a decision, made under the Canada Evidence Act with respect to the disclosure of certain information in relation to criminal proceedings, only after the person has been convicted of the offence, unless there are exceptional circumstances justifying an earlier appeal.
It also adds references to international relations, national defence and national security in a provision of the Criminal Code that relates to the protection of information, as well as references to international relations and national defence in certain provisions of the Immigration and Refugee Protection Act that equally relate to the protection of information.
Part 4 enacts the Foreign Influence Transparency and Accountability Act which, among other things,
(a) provides for the appointment of an individual to be known as the Foreign Influence Transparency Commissioner;
(b) requires certain persons to provide the Commissioner with certain information if they enter into arrangements with foreign principals under which they undertake to carry out certain activities in relation to political or governmental processes in Canada;
(c) requires the Commissioner to establish and maintain a publicly accessible registry that contains information about those arrangements;
(d) provides the Commissioner with tools to administer and enforce that Act; and
(e) amends the Public Service Superannuation Act, the National Security and Intelligence Committee of Parliamentarians Act and the National Security and Intelligence Review Agency Act.
The Bill amends the Metrolinx Act, 2006 to require the establishment of a committee to review the passenger transportation system between downtown Toronto and Toronto Pearson International Airport known as the Union Pearson Express. The Bill provides for the composition of the committee and the committee’s mandate, which is to make recommendations respecting a plan, a timeline and funding estimates to achieve certain goals for the Union Pearson Express as set out in the Bill.
The Bill establishes consultation requirements for the committee. The committee is required to report its recommendations to the Minister. The Minister is required to table the committee’s report in the Legislative Assembly and to inform the Assembly of the Minister’s proposed actions in response to the committee’s recommendations.
The Bill amends the Commitment to the Future of Medicare Act, 2004.
The amendments prohibit nurse practitioners from accepting certain payments or benefits for providing services to an insured person that would normally be provided as insured services in specified settings. Payments or benefits for these services may still be accepted from specified public sources or in accordance with the regulations.
The penalties for contraventions of the Act are increased.
A new regulation-making power permits regulations providing for and governing reimbursements of payments or benefits made for these services within six months after the day this Act receives Royal Assent.
The Bill amends the Provincial Parks and Conservation Reserves Act to add Urban Class Parks as a new class of provincial park, the objective of which is to improve access to compatible nature-based recreation in or near urban centres. The Bill also authorizes the Lieutenant Governor in Counsel to make regulations adding new classes of provincial parks and specifying objectives for such parks.
The Bill enacts the Childcare and Early Years Workforce Strategy Advisory Committee Act, 2024, which establishes the Early Years Workforce Strategy Advisory Committee. The function of the Committee is to develop recommendations on how to support registered early childcare educators and the childcare and early years workforce with respect to certain matters. The Committee is required to provide its recommendations in an annual report to the Minister of Education, the Minister of Labour, Immigration, Training and Skills Development and the Minister of Colleges and Universities. The Minister of Education is required to meet with the Committee at certain times and to prepare a status report setting out any actions taken by the Government with respect the recommendations of the Committee.
The Bill makes various amendments to the Highway Traffic Act, including the following:
1. A new section provides for the indefinite suspension of a person’s driver’s licence if the person is convicted under the Criminal Code (Canada) of operating a vehicle while impaired and causing the death of another person.
2. New sections provide for the suspension of a person’s driver’s licence if the person is convicted of motor vehicle theft under the Criminal Code (Canada) and the circumstances of the theft included certain factors such as violence, weapons or the pursuit of financial or material gain. The suspension is for 10 years upon a first conviction and 15 years upon a second conviction, and is an indefinite suspension for a third or subsequent conviction. Other Criminal Code (Canada) offences may be prescribed by regulation, and upon conviction, the same periods of suspension would result.
3. Currently under the Act, a driver’s licence may be administratively suspended for increasing periods of time if the driver is found to be driving while having a specified level of alcohol or a drug in their body. The Bill increases the periods of time from three days to seven days for a first suspension and from seven days to 14 days for a second suspension.
4. A regulation-making power is added to permit regulations providing for and governing the imposition of a condition on a driver’s licence that prohibits drivers from having alcohol or a drug present in their body.
5. The Act is amended to make various changes to the rules relating to ministry enforcement vehicles, such as the rate of speed they may travel and other matters.
6. Amendments are made to the penalties imposed for driving in a race or contest, on a bet or wager or while performing a stunt. The court is given discretion to extend the period for which a person’s driver’s licence shall be suspended.
7. The term “power-assisted bicycle” and all related provisions are removed.
8. Regulation-making powers are added to permit regulations to establish new classes of vehicles and set out rules respecting such classes.
SCHEDULE 1
ENHANCING DIGITAL SECURITY AND TRUST ACT, 2024
The Schedule enacts the Enhancing Digital Security and Trust Act, 2024.
The Act addresses cyber security and artificial intelligence systems at public sector entities. Public sector entities are institutions within the meaning of the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act, children’s aid societies and school boards.
Regulations may be made respecting cyber security at public sector entities, including regulations requiring them to develop and implement programs. Regulations may also set technical standards respecting cyber security.
Public sector entities may be required to comply with requirements respecting the use of artificial intelligence, including requirements to provide information, to develop and implement accountability frameworks and to take steps respecting risk management. In prescribed circumstances, they may be required to disclose information and ensure an individual provides oversight of the use of an artificial intelligence system. The regulations may also set technical standards respecting artificial intelligence systems.
The Act also addresses digital technology affecting individuals under age 18 as it relates to children’s aid societies and school boards. Regulations may be made respecting the collection, use, retention and disclosure of digital information relating to individuals under age 18. Regulations may also set technical standards respecting this information and digital technology.
SCHEDULE 2
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
The Schedule amends the Freedom of Information and Protection of Privacy Act. Here are some highlights:
1. The definition of “information practices” is added to subsection 2 (1).
2. Section 34 is amended to, among other things, add a requirement for the annual report of a head of an institution to specify the number of thefts, losses or unauthorized uses or disclosures of personal information reported to the Commissioner during the year.
3. Section 38 is amended to add a requirement to assess various things before collecting personal information and to require the head of an institution to implement steps to prevent or reduce the likelihood of a theft, loss or unauthorized use or disclosure of personal information from occurring and to mitigate the risks to individuals in the event of such an occurrence. A new subsection 38 (5) requires that assessments be updated before making any significant change to the purpose for which personal information is used or disclosed.
4. A new subsection 40 (5) requires the head of an institution to take steps to ensure that personal information in the custody or under the control of the institution is protected against theft, loss and unauthorized use or disclosure and to ensure that the records containing the information are protected against unauthorized copying, modification or disposal.
5. A new section 40.1 requires that the head of an institution notify the Commissioner and the affected individual in the case of any theft, loss or unauthorized use or disclosure of the individual’s personal information if there is a real risk of significant harm to the individual or if any other prescribed circumstances exist. Factors relevant to determining a real risk of significant harm are set out in subsection 40.1 (7).
6. A new section 49.0.1 authorizes the Commissioner to conduct a review of the information practices of an institution if the Commissioner has received a complaint under subsection 40.1 (4) or has other reason to believe that the requirements of Part III are not being complied with.
7. Subsection 55 (1) is amended to provide that information may be disclosed for a prescribed purpose.
8. A new section 57.1 requires the Commissioner to keep confidential the identity of a person who has notified the Commissioner of a contravention or potential contravention of the Act or regulations.
9. Subsection 58 (2) is amended to require that the Commissioner’s annual report to the Speaker of the Assembly provide for the number of complaints received by the Commissioner in respect to the information practices of institutions and the number of reviews conducted under section 49.0.1
10. Section 59 is amended to authorize the Commissioner to, subject to some limitations, consult with a law enforcement officer or any person who, under an Act of Canada or of another province or territory of Canada, has powers, duties and functions similar to those of the Commissioner with respect to the protection of personal information.
11. Section 65.1 is amended to add more information to the definition of “customer service information” and to authorize a service provider organization that collects customer service information to, with the consent of the individual, retain and use the information for the purposes of providing any designated service to the individual.