Business Regulation Reform Act, 1994

Bills that amended this Act0

No published amendment links yet for this Act.

Sections45

• 1Purpose

  1 The purpose of this Act is to assist the formation and operation of businesses in Ontario by simplifying government regulatory requirements, eliminating duplication in procedures and improving government organizational arrangements. 1994, c. 32, s. 1.

• 1.
• 2Definitions

  2 In this Act, “business” means a person within the meaning of the Business Names Act authorized or entitled to carry on business in Ontario; (“entreprise”) “business identification Minister” means the Minister of Government and Consumer Services or the minister of the Crown to whom the powers and duties under sections 8 to 8.5 are assigned or transferred under the Executive Council Act; (“ministre chargé de l’identification des entreprises”) “business information” means, (a) the business identifier, if any, assigned to a business by the system of business identifiers established under section 8 or by a system of business identifiers established by the Government of Canada or an agent of the Government of Canada or by a municipality, local board or other municipal entity, (b) the name of the business and any operating names or other business names used by it, (c) the legal structure of t…

• 2.
• 3Designation of Acts

  3 The Lieutenant Governor in Council may by regulation designate any Act for the purpose of this Act. 2017, c. 20, Sched. 6, s. 62. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 6, s. 62 - 14/11/2017

• 3.
• 4Minister’s recommendation

  4 (1) The Lieutenant Governor in Council shall not make a regulation or an order in council or approve a form under this Act that affects the administration of a designated Act except on the recommendation of the Minister responsible for the administration of the designated Act. 1994, c. 32, s. 4 (1). Same (2) A Minister shall not make a regulation, approve a form or enter into an agreement under this Act that affects the administration of a designated Act except on the recommendation of the Minister responsible for the administration of the designated Act. 1994, c. 32, s. 4 (2).

• 4.
• 5Conflict

  5 (1) A provision of this Act or the regulations or orders in council made under this Act that is mandatory and that conflicts with a provision of a designated Act or the regulations made under that Act prevails if it expressly mentions the provision over which it prevails. 1994, c. 32, s. 5 (1). Same, non-mandatory provision (2) If a provision of this Act or the regulations or orders in council made under this Act conflicts with a provision of a designated Act or the regulations or orders in council made under that Act but is not mandatory, a person may elect under which provision to proceed. 1994, c. 32, s. 5 (2).

• 5.
• 6Unified requirements

  6 (1) The Lieutenant Governor in Council may make regulations, (a) unifying procedures for businesses to file information under designated Acts; (b) unifying financial and statistical reporting requirements and procedures for businesses under designated Acts; (c) prescribing common dates or time periods for businesses to file information or to pay fees, taxes or other charges under designated Acts; (d) prescribing methods for allocating a payment made by a business of less than the full amount of its liability under the designated Acts in respect of which the payment was made. 1994, c. 32, s. 6 (1). Other requirements (2) In a regulation made under subsection (1), the Lieutenant Governor in Council may prescribe all requirements that are necessary in the circumstances to achieve the objective of the regulation, including adjusting the amount of fees that businesses are required to pay un…

• 6.
• 7Forms

  7 (1) The Lieutenant Governor in Council may approve forms that have the same effect as forms prescribed or approved by the Lieutenant Governor in Council under designated Acts. 1994, c. 32, s. 7 (1). Same, Minister (2) The Minister responsible for the administration of this section may approve forms that have the same effect as forms prescribed or approved by a Minister, board or agency under designated Acts. 1994, c. 32, s. 7 (2). Variations (3) Despite subsections (1) and (2), the Minister responsible for the administration of this section may combine forms prescribed or approved under either of those subsections into a single form and may adapt the form as is necessary in the circumstances for the purposes of a designated Act. 1994, c. 32, s. 7 (3). Use of forms (4) The Lieutenant Governor in Council may make regulations providing for the use of forms that are prescribed or approved …

• 7.
• 8Business identifiers

  8 (1) The Lieutenant Governor in Council may by order in council establish a system of business identifiers. 2006, c. 33, Sched. C, s. 1. Agreements with Canada (2) The business identification Minister may enter into agreements with the Crown in right of Canada or an agent of the Crown in right of Canada for the purpose of integrating a system of business identifiers established under this Act with any system of business identifiers established by the Crown in right of Canada or by an agent of the Crown in right of Canada. 2017, c. 20, Sched. 6, s. 63. (2.1) Repealed: 2017, c. 20, Sched. 6, s. 63. Agreements with local authorities (3) The business identification Minister may, with the approval of the Crown in right of Canada or of an agent of the Crown in right of Canada with whom they have an agreement under subsection (2), enter into agreements with a municipality, local board or other…

• 8.
• 8.1Business ID agreements

  8.1 (1) The business identification Minister may enter into agreements with another Minister of the Crown in right of Ontario or with an agency, board or commission established under an Act of Ontario requiring the other Minister’s Ministry, the agency, the board or the commission to, (a) assign business identifiers to businesses in accordance with the system of business identifiers established under this Act; (b) use the system of business identifiers for any other purpose. 2017, c. 20, Sched. 6, s. 64. Getting information from a person who is subject to an Act (2) If an agreement under this section is entered into in relation to any Act, the Minister responsible for the administration of that Act may require that a person subject to that Act provide prescribed business information to that Minister and update business information that the person previously provided to that Minister. 201…

• 9.
• 10.
• 8.2Business ID agreements

  8.2 (1) The business identification Minister may enter into agreements with a corporation that administers a designated Act or provisions of a designated Act on behalf of the Crown in right of Ontario, or with a Crown corporation that exercises powers or performs duties under a designated Act, requiring the corporation to, (a) assign business identifiers to businesses in accordance with the system of business identifiers established under this Act; (b) use the system of business identifiers for any other purpose. 2017, c. 20, Sched. 6, s. 64. Centralizing information (2) If an agreement under this section is entered into with a corporation, the business identification Minister may, (a) require that the corporation provide prescribed business information to the business identification Minister; (b) receive business information from the corporation. 2017, c. 20, Sched. 6, s. 64. Informatio…

• 11.
• 8.3Business ID agreements

  8.3 (1) The business identification Minister may enter into agreements with a municipality, local board or other municipal entity requiring the municipality, local board or municipal entity to, (a) assign business identifiers to businesses in accordance with the system of business identifiers established under this section; (b) use the system of business identifiers for any other purpose. 2017, c. 20, Sched. 6, s. 64. Centralizing information (2) If an agreement under this section is entered into with a municipality, local board or other municipal entity, the business identification Minister may, (a) require that the municipality, local board or municipal entity provide prescribed business information to the business identification Minister; and (b) receive business information from the municipality, local board or municipal entity. 2017, c. 20, Sched. 6, s. 64. Information sharing with …

• 12.
• 8.4Business ID and information sharing — confidentiality

  8.4 A requirement or authority to disclose business information under sections 8.1 to 8.3 or under a regulation made under clause 8.5 (c) or (d) prevails over a confidentiality provision under another Act, unless it is provided under the other Act that the confidentiality provision under the other Act prevails over this section. 2017, c. 20, Sched. 6, s. 64. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 6, s. 64 - 14/11/2017

• 13.
• 8.5Business ID and information sharing — regulations

  8.5 The Lieutenant Governor in Council may make regulations, (a) providing for the use that businesses are required to make of the system of business identifiers established under this Act; (b) prescribing business information for the purposes of sections 8.1 to 8.3; (c) authorizing, for specified purposes, the collection, use and disclosure, by specified persons and entities, of specified business information received under any Act or from any municipality, local board or other municipal entity; (d) authorizing, for specified purposes, the collection, use and disclosure, by municipalities, local boards or other municipal entities, of specified business information received by the business identification Minister, (i) under any Act, or (ii) from any municipality, local board or other municipal entity. 2017, c. 20, Sched. 6, s. 64. Section Amendments with date in force (d/m/y) 2017, c. 20…

• 14.
• 9Use of agents

  9 (1) Information that businesses are required to file or are authorized to access under a designated Act may be filed or accessed, as the case may be, by a person who is authorized to do so by the Minister responsible for the administration of this section or by a person who is a member of a class of persons that is authorized to do so. 1994, c. 32, s. 9 (1). Conditions (2) The Minister responsible for the administration of this section may attach conditions to an authorization given under subsection (1). 1994, c. 32, s. 9 (2).

• 10Method of filing

  10 (1) The Lieutenant Governor in Council may make regulations, (a) authorizing or requiring information, that businesses are required to file under this Act or a designated Act, to be filed and maintained in an electronic or other prescribed format; (b) authorizing or requiring information, that businesses are required to file under this Act or a designated Act, to be filed by direct electronic transmission to an electronic database; (c) authorizing or requiring forms, that businesses are required to file under this Act or a designated Act, to be signed by electronic signature or by signature copied or reproduced in the prescribed manner; (d) authorizing or requiring forms, that businesses are required to file under this Act or a designated Act, to be filed without signatures; (e) prescribing fees for filing information or forms that businesses are required to file under this Act; (f) p…

• 15.
• 11Deduction from payment

  11 (1) A financial institution described in subsection (2) that receives a payment of fees, taxes, interest, penalties or other charges under this Act or a designated Act on behalf of a Minister by the credit card of the institution, may deduct from the payment the amount of compensation that the Minister of Finance and the institution agree may be deducted. 2007, c. 7, Sched. 7, s. 182. Financial institutions (2) A financial institution referred to in subsection (1) is, (a) a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada); (b) a corporation registered under the Loan and Trust Corporations Act; (c) a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020; (d) a retail association as defined under the Cooperative Credit Associations Act (Canada); or (e) any other financial institution prescribed under this Act. 2007,…

• 16.
• 12Provision of services

  12 (1) The Lieutenant Governor in Council may by order in council, (a) establish an organization in any Ministry or an agency or a corporation to provide any service under this Act or a designated Act and provide for all matters necessary to fund, staff and operate the organization, agency or corporation; (b) if the Lieutenant Governor in Council has made a regulation under subsection 6 (1) unifying procedures for businesses to apply for licences and permits under designated Acts, establish a service to be known in English as Ontario Business Registration Access and in French as Accès à l’enregistrement des entreprises de l’Ontario or by such other name as the Lieutenant Governor in Council assigns to receive the applications and to issue the licences and permits; (c) enter into agreements with the Government of Canada or any province or municipality to provide a service under this Act o…

• 17.
• 13Databases

  13 The Lieutenant Governor in Council may by order in council, (a) establish a unified database to be known in English as the Business Access Registry and in French as Registre d’accès aux entreprises or by such other name as the Lieutenant Governor in Council assigns for information required to be maintained under designated Acts; (b) set conditions governing the creation of, maintenance of, access to and use of the database mentioned in clause (a); (c) enter into agreements with the Government of Canada or any province or municipality to adopt common forms, reporting and filing processes with that government or to share databases with that government. 1994, c. 32, s. 13.

• 18.
• 14Standards

  14 The Lieutenant Governor in Council may make regulations prescribing standards that persons are required to comply with, for the purpose of this Act, in the definition, collection, transmission and presentation of information under this Act or in the provision of services under designated Acts. 1994, c. 32, s. 14.

• 19.
• 15Disclosure of personal information

  15 (1) The Minister responsible for the administration of this section who receives personal information under this Act or a designated Act may disclose it, (a) to a Minister for the purpose of the administration of a designated Act, including the updating of a record or database; (b) to the Government of Canada or any province or municipality in accordance with an agreement between that government and the Government of Ontario; or (c) to a person, (i) whom the Minister responsible for the administration of this section has authorized to access the information in the prescribed manner, or (ii) with whom the Minister responsible for the administration of this section has entered into an agreement regarding the use of the information. 1994, c. 32, s. 15 (1). Limitation (2) Despite subsection (1), a Minister shall not disclose personal information under that subsection unless the disclosure…

• 20.
• 16Compensation

  16 (1) Subject to subsection (5) and the regulations made under this Act, a person is entitled to compensation from the Crown for any monetary loss that the person suffers that is directly attributable to an error or omission of a public servant employed under Part III of the Public Service of Ontario Act, 2006 who performs a duty or provides a service under this Act or a designated Act for the purpose of this Act. 1994, c. 32, s. 16 (1); 2006, c. 35, Sched. C, s. 10 (3). Protection from liability (2) No action or other proceeding for damages shall be instituted against the Crown for any monetary loss that a person suffers as a result of, (a) an error or omission of a person who is not a public servant referred to in subsection (1) and who performs a duty or provides a service under this Act or a designated Act for the purpose of this Act; or (b) any inaccuracy or incompleteness in a rec…

• 17Not regulations

  17 An order in council made under this Act shall not be deemed to be a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 1994, c. 32, s. 17; 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007

• 18General regulations

  18 The Lieutenant Governor in Council may make regulations, (a) prescribing any matter mentioned in this Act as prescribed; (b) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act; (c) prescribing information for the purpose of clause (i) of the definition of “business information” in section 2; (d) designating Acts for the purpose of section 3. 1994, c. 32, s. 18; 2012, c. 8, Sched. 5, s. 4; 2017, c. 20, Sched. 6, s. 65. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 5, s. 4 - 10/09/2013 2017, c. 20, Sched. 6, s. 65 - 14/11/2017

• 19

  19 Omitted (provides for coming into force of provisions of this Act). 1994, c. 32, s. 19.

• 20

  20 Omitted (enacts short title of this Act). 1994, c. 32, s. 20. _____________