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Rick Byers

  • MPP
  • Member of Provincial Parliament
  • Bruce—Grey—Owen Sound
  • Progressive Conservative Party of Ontario
  • Ontario
  • Suite 105 345 8th Street E Owen Sound, ON N4K 1L3
  • tel: 519-371-2421
  • fax: 519-371-0953
  • Rick.Byers@pc.ola.org

  • Government Page

Madam Speaker, thank you for the opportunity to speak on this bill this afternoon. I certainly thank the minister for his remarks, and the member from Oakville for his comments this afternoon. It’s a terrific team, and I’m happy to be part of that.

Today, I rise to speak in support of the second reading of the fall bill, Building a Strong Ontario Together Act (Budget Measures), 2023. As part of my support for the second reading, I’d like to take a few minutes to speak to some of the specific statutory aspects of the bill and how they support and/or fit with our government’s plan.

A number of measures in this bill are related to taxation, while many others are non-tax initiatives. I’d like to begin by discussing the non-tax measures. Many of them relate to the financial services sector—the securities marketplace, in particular. You see, the province is looking to modernize capital markets to better protect investors, foster economic growth and increase investment in Ontario.

Ontario’s economy and capital market trends are constantly evolving and changing. The pandemic, ongoing economic uncertainty and technological developments such as digital assets have reinforced the importance of capital formation and of enhancing Ontario’s economic competitiveness.

If approved, the proposed legislative and regulatory changes in the bill would support economic growth, encourage market innovation and enable greater retail investor access to investment opportunities here in Ontario.

The financial sector in our province is very large—and in particular, in the city of Toronto—and it impacts positively in so many different ways. Direct jobs in the industry are very substantial, and that generates a huge, broad economic base, and its financial sector operates as a catalyst for investment. These measures will support the industry but also regulate it and provide that ongoing scrutiny.

As the minister and the member said, economic development is a very high priority for our government—$16 billion of investments, 700,000 jobs. These are very important measures. If the measures are approved, the government will continue to work with the capital markets sector, the Ontario Securities Commission—or OSC—and other key stakeholders to ensure the new legislative framework protects investors and consumers and supports Ontario businesses.

To the bill items: We are proposing amendments to the Securities Act—well-known, seasoned issuers item. These proposed amendments are to allow the OSC to make rules streamlining the prospectus-filing requirements for those large public companies that have an established record of appropriate financial disclosure in Ontario. These companies are known in the industry as well-known, seasoned issuers, and these measures will streamline the access to capital for these important companies.

It’s really an important measure because, like our red tape reduction initiatives, it helps keep these companies’ costs down. That affects the OSC as well. Each time a company is spending time and money, staff at the OSC are as well. So these changes are better for issuers, better for the OSC and, in the long run, better for economic development in the province.

We’re also proposing amendments to the Securities Act and Commodity Futures Act to address automatic and streamlined reciprocal orders. These proposed amendments are to provide that orders and settlements made by Canadian regulators outside of Ontario apply automatically in Ontario, as if made by the OSC.

The amendments would also establish a streamlined process for the recognition of orders and settlements made by courts outside Ontario, regulatory authorities outside Canada, and certain recognized self-regulatory organizations and exchanges within Canada. These would serve to protect Ontario investors in a timelier manner and make it easier for consumers here in Ontario.

I’d also like to highlight the new changes to the Securities Act and the Commodity Futures Act as they pertain to whistle-blowers. With these proposed amendments, we are protecting those who would come forward to do the right thing. These changes would amend the Freedom of Information and Protection of Privacy Act to ensure that whistle-blower confidentiality provisions prevail over freedom-of-information disclosure requirements, and amend the Securities Act to extend statutory protection to whistle-blowers and to expand anti-reprisal protections.

The OSC Whistleblower Program and other whistle-blower programs encourage and rely on individuals in various positions in the capital markets sector to disclose information of misconduct and wrongdoings that might otherwise go undetected and cause harms. These changes are expected to increase the number of individuals who report misconduct and wrongdoings to the OSC and other organizations, which will strengthen enforcement and provide further investor protection. These are very good measures, because when the market knows these provisions are out there, they will ensure they’re behaving better, and the awareness will be an important factor in their operations. So these are good measures.

The improved accountability and transparency is not only good for the capital markets; it helps foster economic growth across the board by boosting confidence and the reputation that Ontario has as being a good place to conduct business.

Next, the Securities Act, Commodity Futures Act, and Securities Commission Act, distribution of disgorged amounts: Proposed here are amendments to prescribe a statutory framework to support the timely and efficient distribution of disgorged money to investors who have suffered financial losses as a result of a Securities Act contravention. Currently, the Securities Act and Commodity Futures Act do not prescribe a specific framework or process for the distribution of disgorged funds to harmed investors in cases where funds have been collected. This results in slower and less efficient investor compensation following a finding of securities market misconduct.

A statutory framework for the distribution of disgorged funds would be prescribed via legislative amendments to the Securities Act, Commodity Futures Act and the Securities Commission Act, along with accompanying rules developed by the OSC. Establishing a clear and transparent distribution process would support more timely and efficient compensation of investors who have suffered direct financial losses as a result of security contraventions. It would also create more effective and predictable operational processes in this area for the OSC.

Madam Speaker, I’ll now turn to the management of investments; specifically, a measure in the bill focused on the Investment Management Corporation of Ontario Act and municipal investment boards.

This proposed amendment is to allow municipal funds, which are maintained under the authority of an investment board or joint investment board, to be invested with the Investment Management Corp. of Ontario, or IMCO. This change would provide clarity and address the current discrepancy for municipalities that wish to invest with IMCO. The proposed amendment would enable though not require investment boards and joint investment boards established under the Municipal Act and investment boards established under the City of Toronto Act to become members of IMCO. This would allow municipal funds under the authority of such boards to be invested with IMCO.

As background, and as you may know, IMCO is an independent investment management organization designed to serve public sector clients in Ontario. With over $73 billion in assets under management, IMCO is one of the largest institutional investment managers in Canada. In fact, Ontario and Canada have a great number of similar types of investment organizations. So this change that we are proposing makes great sense. You may have heard of some of these institutional investors—OMERS pension plan; the Ontario Teachers’ Pension Plan; Healthcare of Ontario Pension Plan, or HOOPP. Many of these organizations—for example, OMERS—were established in the 1960s. Why? So that municipalities could have their pension assets managed centrally and together. OMERS today has over $100 billion in assets. It makes so much sense, rather than have each individual municipality manage and administer their pension plan, to have it centrally done through OMERS. I use OMERS as an example—it’s similar to what happens with IMCO.

The minister has mentioned our commitment to infrastructure. There are two pages in my—am I allowed to make reference? Okay, well, if I were allowed to make reference, I would suggest page 18, which outlines the amazing long-term commitment we have to infrastructure as a government, whether it’s $70 billion over 10 years for transit, $28 billion for highways, $48 billion for health care, or $22 billion for education. These are long-term investments, and this is a long-term perspective that our government has, and this change to IMCO is exactly consistent with that change.

Madam Speaker, I now move on to the Ministry of Revenue Act child support services program. This is a proposed technical amendment in support of the expansion of enforcement of Ontario’s child support orders in international jurisdictions. The Ministry of Finance operates the online child support calculation services. The Ministry of Finance operates the online child support calculation on behalf of the Ministry of the Attorney General and the Family Responsibility Office, or FRO. The program determines the child support obligations of parents who have settled amicably outside of the court process and issues a notice of calculation/recalculation to the parents and FRO.

Another measure in the bill would provide the government with the spending authority it requires to carry on operations. A new interim appropriation act is normally introduced each fall. A new supplementary interim appropriation act is normally introduced in years in which the amounts in the interim appropriation act for the year were insufficient to cover expected expenditures.

Now I’d like to take a few minutes to discuss tax initiatives. As has been noted by the minister and the member for Oakville, our government is seeking to extend the cuts to the gasoline tax rate and the fuel tax rate for an additional six months—to June 30, 2024—as we continue to make life more affordable for Ontarians. As noted by the other speakers, this is the number one priority that we are certainly hearing from our constituents at this time—the affordability challenge they’re all facing. That’s why this government continues to take action to support these efforts. These rate cuts took effect on July 1, 2022, and would otherwise have ended on December 31, 2023. This change is proposed in the continuation of our government’s priority of keeping costs down for the people of Ontario.

Madam Speaker, our government is unlocking the economic potential of critical minerals and finally building all-season roads to the Ring of Fire, in partnership with Indigenous communities. Critical minerals are the key to positioning Ontario as a global economic powerhouse—ready to seize the electric vehicle revolution and energy transition and be a serious player amidst geopolitical change. As has been noted by the other speakers, the investment commitments that have been made to Ontario are so exciting—$26 billion in these industries, which is going to be a generational investment for jobs and economic development in our province.

We are continuing to support critical mineral exploration with the Ontario Focused Flow-Through Share Tax Credit. Through this bill, we are proposing technical amendments to extend this tax credit to exploration expenses related to minerals considered “critical minerals” under the federal Income Tax Act. Enhancing the Ontario Focused Flow-Through Share Tax Credit is aimed at helping stimulate critical mineral exploration in Ontario and improving access to capital for small mining exploration companies.

As the minister stated, we are seeking to strengthen critical mineral exploration in Ontario through this change that would amount to a proposed additional $12 million per year in tax credit support to the critical minerals mining industry. If approved, the government would expand eligibility of the Ontario Focused Flow-Through Share Tax Credit to include critical mineral exploration expenses that qualify for the federal Critical Mineral Exploration Tax Credit, starting in the 2023 tax year.

Now I will provide a quick overview of the items in the bill related to additional ministries.

First, the Ministry of the Attorney General, legislative amendments to strengthen opioid cost-recovery litigation: The opioid crisis has cost the people of Ontario enormously. This is why Ontario is actively participating in national litigation to hold pharmaceutical manufacturers, wholesalers and their marketing consultants accountable for damages caused by the opioid crisis.

Amendments proposed to the Opioid Damages and Health Costs Recovery Act would strengthen Ontario’s participation in two ongoing British Columbia-based national class action lawsuits against opioid manufacturers, wholesalers and their consultants. These proposed legislative changes would help hold the pharmaceutical industry accountable for damages caused by the opioid crisis and the impact on our health care system.

Interjections.

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