hordruma/ontario_laws_and_regs huggingface dataset:
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Regulations
114.18 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing one or more statutes, provisions of statutes or regulations for the purposes of subsection 114.5 (5), 114.10 (6) or 114.13 (7); (b) prescribing incremental costs for the purposes of subsection 114.5 (9); (c) prescribing the information to be included in a notice given under subsection 114.10 (3) and prescribing the manner in which the notice must be given; (d) prescribing the information to be included in a notice given under section 114.11.  2002, c. 1, Sched. A, s. 23. General or particular (2) A regulation may be general or particular.  2002, c. 1, Sched. A, s. 23. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002 PART X   TRANSITION — ONTARIO HYDRO
PART X TRANSITION — ONTARIO HYDRO
Transfer orders
116 (1) The Lieutenant Governor in Council may make orders transferring officers, employees, assets, liabilities, rights and obligations of Ontario Hydro to Hydro One Inc., Ontario Power Generation Inc., the IESO, the Board, the Electrical Safety Authority, the subsidiary of the Financial Corporation established under section 110, Her Majesty in right of Ontario or any other person.  1998, c. 15, Sched. A, s. 116 (1); 2002, c. 1, Sched. A, s. 24 (1); 2004, c. 23, Sched. A, s. 54 (1). Binding on all persons (2) A transfer order is binding on Ontario Hydro, the transferee and all other persons.  1998, c. 15, Sched. A, s. 116 (2). Same (3) Subsection (2) applies despite any general or special Act or any rule of law, including an Act or rule of law that requires notice or registration of transfers.  1998, c. 15, Sched. A, s. 116 (3). No consent required (4) A transfer order does not require the consent of Ontario Hydro, the transferee or any other person.  1998, c. 15, Sched. A, s. 116 (4). Same (5) Despite subsection (4), the consent of the transferee is required if the transferee is a person other than, (a) Hydro One Inc. or a subsidiary of it; (b) Ontario Power Generation Inc. or a subsidiary of it; (c) the IESO; (d) the Board; (e) the Electrical Safety Authority; (f) the subsidiary of the Financial Corporation established under section 110; or (g) Her Majesty in right of Ontario.  1998, c. 15, Sched. A, s. 116 (5); 2002, c. 1, Sched. A, s. 24 (2); 2004, c. 23, Sched. A, s. 54 (2). Legislation Act, 2006, Part III (6) Part III (Regulations) of the Legislation Act, 2006 does not apply to a transfer order.  1998, c. 15, Sched. A, s. 116 (6); 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 24 (1, 2) - 27/06/2002; 2002, c. 1, Sched. A, s. 24 (3) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2012 2004, c. 23, Sched. A, s. 54 (1, 2) - 01/01/2005 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
PART X TRANSITION — ONTARIO HYDRO
Notice of date
117 (1) The Minister shall, within 90 days after the date that a transfer order is made or amended, publish notice of the date in The Ontario Gazette.  1998, c. 15, Sched. A, s. 117 (1). Amendments (2) Notice of the date that a transfer order was amended shall identify the transfer order that was amended.  1998, c. 15, Sched. A, s. 117 (2). Non-compliance (3) Non-compliance with this section does not affect the validity of a transfer order or any amendment to a transfer order.  1998, c. 15, Sched. A, s. 117 (3).
PART X TRANSITION — ONTARIO HYDRO
Description of things transferred
118 A transfer order may describe officers, employees, assets, liabilities, rights or obligations to be transferred, (a) by reference to specific officers, employees, assets, liabilities, rights or obligations; (b) by reference to any class of officers, employees, assets, liabilities, rights or obligations; or (c) partly in accordance with clause (a) and partly in accordance with clause (b).  1998, c. 15, Sched. A, s. 118.
PART X TRANSITION — ONTARIO HYDRO
Approvals under the Power Corporation Act
119 If the approval of the Lieutenant Governor in Council was at any time required under the Power Corporation Act or a predecessor of that Act with respect to an asset, liability, right or obligation that is to be transferred by or pursuant to a transfer order, the approval shall be deemed to have been given.  1998, c. 15, Sched. A, s. 119.
PART X TRANSITION — ONTARIO HYDRO
Officers and employees
120 (1) The office or employment of an officer or employee who is transferred by or pursuant to a transfer order is not terminated by the transfer and shall be deemed to have been transferred to the transferee without interruption in service.  1998, c. 15, Sched. A, s. 120 (1). Service (2) Service with Ontario Hydro of an officer or employee who is transferred by or pursuant to a transfer order shall be deemed to be service with the transferee for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act or any other Act or under any employment contract or collective agreement.  1998, c. 15, Sched. A, s. 120 (2). No constructive dismissal (3) An officer or employee who is transferred by or pursuant to a transfer order shall be deemed not to have been constructively dismissed.  1998, c. 15, Sched. A, s. 120 (3). Future changes (4) If an officer or employee is transferred by or pursuant to a transfer order, nothing in this Act, (a) prevents the office or employment from being lawfully terminated after the transfer; or (b) prevents any term or condition of the office or employment from being lawfully changed after the transfer.  1998, c. 15, Sched. A, s. 120 (4).
PART X TRANSITION — ONTARIO HYDRO
Payment for transfer
121 (1) A transfer order may require Ontario Hydro or the transferee to pay for anything transferred by or pursuant to the order and may specify to whom the payment shall be made.  1998, c. 15, Sched. A, s. 121 (1). Amount of payment (2) The transfer order may, (a) fix the amount of the payment; (b) specify a method for determining the amount of the payment; or (c) provide that the amount of the payment be determined by the Minister of Finance or a person designated by the Minister of Finance.  1998, c. 15, Sched. A, s. 121 (2). Form of payment (3) The transfer order may require that the payment be made in cash, by set off, through the issuance of securities or in any other form specified by the order.  1998, c. 15, Sched. A, s. 121 (3). Securities (4) If the transfer order requires that the payment be made through the issuance of securities, it may specify the terms and conditions of the securities or may authorize the Minister of Finance or a person designated by the Minister of Finance to specify the terms and conditions.  1998, c. 15, Sched. A, s. 121 (4). Valuations (5) A transfer order may, (a) fix the value of anything transferred by or pursuant to the order; (b) specify a method for determining the value of anything transferred by or pursuant to the order; or (c) provide that the value of anything transferred by or pursuant to the order be determined by the Minister of Finance or a person designated by the Minister of Finance.  1998, c. 15, Sched. A, s. 121 (5).
PART X TRANSITION — ONTARIO HYDRO
Province may assume obligations in return for securities
122 (1) If, pursuant to a transfer order, Hydro One Inc. or Ontario Power Generation Inc. issues securities to Ontario Hydro, the Lieutenant Governor in Council, by order, (a) may authorize Her Majesty in right of Ontario or an agent of Her Majesty in right of Ontario to assume obligations of Hydro One Inc. or Ontario Power Generation Inc. under the securities; and (b) may require Hydro One Inc. or Ontario Power Generation Inc. to issue, and may authorize Her Majesty in right of Ontario or an agent of Her Majesty in right of Ontario to acquire, additional securities in such amount as the Lieutenant Governor in Council may specify.  1998, c. 15, Sched. A, s. 122 (1); 2002, c. 1, Sched. A, s. 25 (1). Exchange of securities (2) The Lieutenant Governor in Council may by order require Hydro One Inc. or Ontario Power Generation Inc. to issue securities to Ontario Hydro in exchange for securities it previously issued to Ontario Hydro pursuant to a transfer order.  1998, c. 15, Sched. A, s. 122 (2); 2002, c. 1, Sched. A, s. 25 (2). Application of s. 28 of the Financial Administration Act (3) Section 28 of the Financial Administration Act does not apply to anything done pursuant to an order under subsection (1) or (2).  1998, c. 15, Sched. A, s. 122 (3). Terms and conditions of securities (4) An order under subsection (1) or (2) may specify the terms and conditions of the securities issued under clause (1) (b) or subsection (2) or may authorize the Minister of Finance or a person designated by the Minister of Finance to specify the terms and conditions.  1998, c. 15, Sched. A, s. 122 (4). Money required (5) Money required for the purpose of meeting obligations assumed by Her Majesty under clause (1) (a) may be paid out of the Consolidated Revenue Fund.  1998, c. 15, Sched. A, s. 122 (5). Non-application (6) Clause (1) (b) and subsection (2) cease to apply with respect to Hydro One Inc. on the date specified in the regulations.  2002, c. 1, Sched. A, s. 25 (3). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 25 (1-3) - 27/06/2002
PART X TRANSITION — ONTARIO HYDRO
Effective date of transfer
123 (1) A transfer order may specify the date that a transfer takes effect and any interest in property that is transferred by the order vests in the transferee on that date.  1998, c. 15, Sched. A, s. 123 (1). Effective on payment (2) A transfer order may provide that a transfer not take effect until payment has been made for anything transferred by or pursuant to the order.  1998, c. 15, Sched. A, s. 123 (2). Retroactive transfer (3) A transfer order may provide that a transfer shall be deemed to have taken effect on a date earlier than the date the transfer order is made, but the effective date shall not be earlier than the day this section comes into force.  1998, c. 15, Sched. A, s. 123 (3). Sequence of events (4) A transfer order may provide that transfers specified in the order and other transactions associated with the transfers shall be deemed to have occurred in a sequence and at times specified in the order.  1998, c. 15, Sched. A, s. 123 (4).
PART X TRANSITION — ONTARIO HYDRO
Statements in registered documents
124 (1) A statement, in a registered document to which a person referred to in subsection (2) is a party, that land described in the document was transferred to the person from Ontario Hydro by or pursuant to a transfer order, and any other statement in the document relating to the transfer order, shall be deemed to be conclusive evidence of the facts stated.  1998, c. 15, Sched. A, s. 124 (1). Persons referred to in subs. (1) (2) The persons referred to in subsection (1) are: 1. Hydro One Inc. or a subsidiary of it. 2. Ontario Power Generation Inc. or a subsidiary of it. 3. The IESO. 4. The Board. 5. The subsidiary of the Financial Corporation established under section 110. 6. Her Majesty in right of Ontario. 7. The Electrical Safety Authority. 8. Any other person prescribed by the regulations.  1998, c. 15, Sched. A, s. 124 (2); 2002, c. 1, Sched. A, s. 26; 2004, c. 23, Sched. A, s. 55. No new interest (3) Subsection (1) does not give any person an interest in land that Ontario Hydro did not have.  1998, c. 15, Sched. A, s. 124 (3). References to unregistered transfer orders (4) A document that is otherwise capable of being registered or deposited under the Registry Act or registered under the Land Titles Act and that refers to an unregistered transfer order may be registered or deposited under the Registry Act or registered under the Land Titles Act
despite any provision of those Acts.  1998, c. 15, Sched. A, s. 124 (4). Definitions (5) In this section, “land” means land, tenements, hereditaments and appurtenances, or any estate or interest therein; (“bien-fonds”) “registered document” means a document registered or deposited under the Registry Act or registered under the Land Titles Act. (“document enregistré”)  1998, c. 15, Sched. A, s. 124 (5). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 26 - 27/06/2002 2004, c. 23, Sched. A, s. 55 - 01/01/2005
PART X TRANSITION — ONTARIO HYDRO
Execution of agreements
125 (1) A transfer order may require Ontario Hydro or a transferee, (a) to enter into any written agreement or execute any instrument specified in the order; and (b) to register in accordance with the order any agreement or instrument entered into or executed under clause (a).  1998, c. 15, Sched. A, s. 125 (1). Exception (2) Subsection (1) does not apply to a transfer agreement referred to in subsection 111 (1).  1998, c. 15, Sched. A, s. 125 (2).
PART X TRANSITION — ONTARIO HYDRO
Enforcement of things transferred
126 (1) A transfer order may provide, (a) that any liability or obligation that is transferred by the order may be enforced against Ontario Hydro, the transferee, or both of them; (b) that any right that is transferred by the order may be enforced by Ontario Hydro, the transferee, or both of them; (c) that any liability or obligation that is transferred by the order may be transferred to one or more transferees on a joint and several basis, as specified in the order; and (d) that any liability or obligation that is transferred by the order may be allocated among two or more transferees on the basis set out in the order.  1998, c. 15, Sched. A, s. 126 (1); 2000, c. 42, s. 42. Release of Ontario Hydro (2) Subject to subsection (1), the transfer of a liability or obligation under this Part releases Ontario Hydro from the liability or obligation.  1998, c. 15, Sched. A, s. 126 (2). Section Amendments with date in force (d/m/y) 2000, c. 42, s. 42
- 21/12/2000
PART X TRANSITION — ONTARIO HYDRO
Certain rights not affected by transfer
129 (1) A transfer by or pursuant to a transfer order, (a) shall be deemed not to constitute, (i) a breach, termination, repudiation or frustration of any contract, including a contract of employment or insurance, (ii) a breach of any Act, regulation or municipal by-law, or (iii) an event of default or force majeure; (b) shall be deemed not to give rise to a breach, termination, repudiation or frustration of any licence, permit or other right; (c) shall be deemed not to give rise to any right to terminate or repudiate a contract, licence, permit or other right; and (d) shall be deemed not to give rise to any estoppel.  1998, c. 15, Sched. A, s. 129 (1). Exemptions (2) Subsection (1) does not apply to the contracts prescribed by the regulations.  1998, c. 15, Sched. A, s. 129 (2).
PART X TRANSITION — ONTARIO HYDRO
No new cause of action
130 Subject to subsection 129 (2), nothing in this Act and nothing done by or pursuant to a transfer order creates any new cause of action in favour of, (a) a holder of a debt instrument that was issued by Ontario Hydro and guaranteed by the Province of Ontario before this section comes into force; or (b) a party to a contract with Ontario Hydro that was entered into before this section comes into force.  1998, c. 15, Sched. A, s. 130.
PART X TRANSITION — ONTARIO HYDRO
Amendment of transfer order
134 The Lieutenant Governor in Council may, at any time within 24 months after making a transfer order, make a further order amending the transfer order in any way that the Lieutenant Governor in Council considers necessary or advisable.  1998, c. 15, Sched. A, s. 134; 2002, c. 1, Sched. A, s. 27 (1). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 27 (1) - 27/06/2002; 2002, c. 1, Sched. A, s. 27 (2) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2012
PART X TRANSITION — ONTARIO HYDRO
Exemptions from other Acts
135 The Land Transfer Tax Act, the Retail Sales Tax Act and such other Acts or provisions as are prescribed by the regulations do not apply to any transfer of officers, employees, assets, liabilities, rights or obligations by or pursuant to a transfer order.  1998, c. 15, Sched. A, s. 135; 2017, c. 2, Sched. 3, s. 2 (1). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 3, s. 2 (1) - 22/03/2017
PART X TRANSITION — ONTARIO HYDRO
Limitations
136 (1) If possession of land transferred by or pursuant to a transfer order has been taken by another person, the right of Ontario Hydro or the transferee, or anyone claiming under them, to recover it, is not barred by reason of the lapse of time, despite the Real Property Limitations Act or any other Act, or by reason of any claim based on possession adverse to it for any period of time that might otherwise be made lawfully at common law, unless it is shown that it had actual notice in writing of the adverse possession, and such notice was had by it 10 years before it or the person claiming under it commenced action to recover the land.  1998, c. 15, Sched. A, s. 136 (1); 2002, c. 24, Sched. B, s. 33 (1). Same (2) No claim under subsection (1) shall be acquired by possession, prescription, custom, user or implied grant to any way, easement, watercourse or use of water or water right or privilege or flooding privilege of Ontario Hydro or the transferee, or to any way, easement, watercourse, or use of water, or right of drainage along, over, upon, on or from any land, or water, or water right, or privilege of Ontario Hydro or the transferee, despite the Real Property Limitations Act
or any other Act or any claim at common law based on lapse of time, or length of enjoyment or use.  1998, c. 15, Sched. A, s. 136 (2); 2002, c. 24, Sched. B, s. 33 (2). Section Amendments with date in force (d/m/y) 2002, c. 24, Sched. B, s. 33 (1, 2) - 01/01/2004
PART X TRANSITION — ONTARIO HYDRO
Pensions
137 (1) A transfer order shall not include any provision relating to, (a) the Ontario Hydro Pension and Insurance Plan or the Pension and Insurance Fund of Ontario Hydro, referred to in section 24 of the Power Corporation Act, as continued by Part VII of this Act; or (b) the pension benefits and ancillary benefits within the meaning of the Pension Benefits Act that are provided under a pension plan with respect to officers or employees transferred by or pursuant to a transfer order.  1998, c. 15, Sched. A, s. 137 (1). Exception (2) Despite clause (1) (a), a transfer order may include provisions relating to the following matters: 1. The disability benefits and life insurance described in subsection 98 (7) and the amount referred to in subsection 98 (8). 2. Any liability or obligation associated with a proceeding or potential proceeding relating to the Ontario Hydro Pension and Insurance Plan and the Pension and Insurance Fund of Ontario Hydro or relating to the Ontario Hydro Financial Corporation Pension Plan and the pension fund for it.  1998, c. 15, Sched. A, s. 137 (2). Other transfer orders
PART X TRANSITION — ONTARIO HYDRO
Pension subsidiary of Financial Corporation
138 (1) The Lieutenant Governor in Council may make orders transferring officers, employees, assets, liabilities, rights and obligations of the subsidiary of the Financial Corporation established under section 110 to Hydro One Inc., Ontario Power Generation Inc., the IESO, the Board, the Electrical Safety Authority or any other person.  1998, c. 15, Sched. A, s. 138 (1); 2002, c. 1, Sched. A, s. 28 (1); 2004, c. 23, Sched. A, s. 56 (1). Financial Corporation assets, etc. (1.1) The Lieutenant Governor in Council may make orders transferring the following assets, liabilities, rights and obligations to Hydro One Inc., Ontario Power Generation Inc., the IESO, the Electrical Safety Authority or any other person: 1. Assets, liabilities, rights and obligations of, or relating to, the Ontario Hydro Pension and Insurance Plan and the Pension and Insurance Fund of Ontario Hydro. 2. Assets, liabilities, rights and obligations of, or relating to, the Ontario Hydro Financial Corporation Pension Plan and the Ontario Hydro Financial Corporation Pension Fund. 3. Assets, liabilities, rights and obligations of the Financial Corporation relating to an act or omission by the Financial Corporation in connection with its rights or duties under Part VII or by any other person in connection with the person’s rights or duties under that Part.  2000, c. 42, s. 43 (1); 2002, c. 1, Sched. A, s. 28 (2); 2004, c. 23, Sched. A, s. 56 (2). Restriction on scope of order (1.2) An order under subsection (1.1) shall not contain a provision that conflicts with a provision of an agreement entered into under section 111.  2000, c. 42, s. 43 (1). Applications of this Part (2) This Part, except section 137, applies with necessary modifications to an order made under subsection (1) or (1.1) and, for that purpose, (a) a reference in this Part to a transfer order shall be deemed to be a reference to an order made under subsection (1) or (1.1), as the case may be; (b) a reference in this Part to Ontario Hydro in connection with an order made under subsection (1) shall be deemed to be a reference to the subsidiary of the Financial Corporation established under section 110; and (c) a reference in this Part to Ontario Hydro in connection with an order made under subsection (1.1) shall be deemed to be a reference to the Financial Corporation.  2000, c. 42, s. 43 (2). Section Amendments with date in force (d/m/y) 2000, c. 42, s. 43 (1, 2) - 21/12/2000 2002, c. 1, Sched. A, s. 28 (1, 2) - 27/06/2002 2004, c. 23, Sched. A, s. 56 (1, 2) - 01/01/2005
PART X TRANSITION — ONTARIO HYDRO
Regulations, Part X
140 (1) The Lieutenant Governor in Council may make regulations, (a) supplementing the provisions of this Part and governing the transfer of officers, employees, assets, liabilities, rights and obligations under this Part; (a.1) prescribing a date for the purposes of subsection 122 (6); (b) prescribing persons for the purpose of paragraph 8 of subsection 124 (2); (c) prescribing contracts or classes of contracts to which subsection 129 (1) does not apply, subject to such conditions or restrictions as may be prescribed by the regulations; (d) prescribing Acts or provisions of Acts that do not apply to a transfer for the purpose of section 135, subject to such conditions or restrictions as may be prescribed by the regulations.  1998, c. 15, Sched. A, s. 140 (1); 2002, c. 1, Sched. A, s. 29. General or particular (2) A regulation made under this section may be general or particular in its application.  1998, c. 15, Sched. A, s. 140 (2). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 29 - 27/06/2002 PART XI   TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
Interpretation, Part XI
141 (1) In this Part, “transfer by-law” means a by-law made under section 145; (“règlement municipal de transfert ou de mutation”) “transferee” means the corporation incorporated under the Business Corporations Act pursuant to section 142; (“destinataire”) “transferor” means the municipal corporation, commission or other body whose employees, assets, liabilities, rights or obligations are transferred pursuant to a transfer by-law. (“auteur”)  1998, c. 15, Sched. A, s. 141 (1). Same (2) For the purposes of this Part, a municipal corporation generates, transmits, distributes or retails electricity indirectly if it carries on any of those activities through, (a) a commission established under the Public Utilities Act or any other general or special Act; or (b) any other body, however established.  1998, c. 15, Sched. A, s. 141 (2).