SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
March 5, 2024 09:00AM
  • Mar/5/24 9:00:00 a.m.

Speaker, it’s an honour to be here before you today and speak on behalf of third reading to the Enhancing Access to Justice Act. Our government commends itself for successfully bringing in the Community Safety and Policing Act because—before I go too much farther, I’m sharing my time with the member for Etobicoke–Lakeshore.

Our government commends itself for successfully bringing in the Community Safety and Policing Act because it truly does benefit the police who serve Ontario and the people of all walks of life in this province. We know this monumental legislation will be a living document and therefore be something that will adapt to policing through generations.

Although it is not perfect, the Enhancing Access to Justice Act we are vouching for today will amend some of the gaps and loopholes that can be found within the CSPA. Some of these changes will revolutionize the level of public safety in such a positive way that Ontarians will be able to see immediate change in their communities. This act, if passed, is the key to CSPA’s success.

For example, the fire marshal changes: The act aims to amend the Fire Protection and Prevention Act, 1997. In almost 30 years, this legislation has not been touched, until now. We are taking key issues that fire stakeholders have been advocating for and making it happen. Under Premier Ford and the Solicitor General’s leadership, we are taking safety to a new level.

It is no secret that Ontario has undergone significant changes over time, necessitating adaptations, and legislation needs to address new challenges. Evolving issues and shifting circumstances underscore the need for legislation to remain pertinent and efficient in addressing contemporary fire-related needs and realities. Without doing so, we put ourselves in an outdated critical circumstance where old legislation does not correlate with current events.

We are devising a new mechanism to enhance enforcement and compliance with the act and its regulations. There exists a deficiency in the array of enforcement tools available under the Fire Protection and Prevention Act, 1997, and our government is acting. The main objective is to bridge this gap by introducing new tools to promote adherence to the act and its regulations.

Many Ontario statutes, such as the Highway Traffic Act and the Municipal Act, 2001, incorporate administrative monetary penalties, otherwise known as AMPs, to incentive compliance. AMP frameworks allow authorized individuals to levy monetary penalties for violations of requirements outlined in an act, regulation or bylaw.

What is interesting is that an authorized individual also may issue an AMP upon discovering a violation. This is something that will bring more public safety into effect, because we can respond to violations in real time. AMPs are viable as they foster compliance without necessitating the initiation of legal proceedings. Enhancing access to justice is just that, without backing up our courts and going through an entire lengthy process to ensure that the violation is reprimanded.

Currently, there are no provisions whatsoever for an AMP framework under the Fire Protection and Prevention Act, 1997. This needs to change because of the vital necessity of AMPs to partake in fire situations. I am proud to say that we have listened. The Ontario Association of Fire Chiefs and other stakeholders who long advocated for such a compliance tool will be getting this through the Enhancing Access to Justice Act, if this bill is passed.

In response to sector feedback, Bill 157 and this amendment to the Fire Protection and Prevention Act, 1997, enables future development with fire stakeholders, furthering public safety even more so. We need to be listening to those who do this job every day, and our government knows how much value our front line adds to keeping Ontario safe.

This amendment furthers our commitment that the government will engage in consultations with municipalities regarding this AMP framework. This is an opportunity to discuss the different avenues and opportunities that AMPs can have for every specific region. These include identifying violations for which administrative monetary penalties could be issued; determining the penalty amounts and ranges; enforcement and collection procedures, including administration in unincorporated Ontario; and establishing a framework for assessing associated impacts during the regulatory process.

The proposed amendment does not alter existing requirements under the Fire Protection and Prevention Act, 1997. Changes can have unforeseen consequences, potentially leading to unintended outcomes or negative impacts. By not altering the Fire Protection and Prevention Act, 1997, our government mitigates the risk of these unintended consequences. We are simply adding to it.

I want to be clear, Madam Speaker: Through this act, our government can refine and enhance existing laws to improve their effectiveness in achieving their intended objectives. This will inherently expand protections or streamline processes to better serve the people of this province. It is evident that the front line often relies on the consistency and reliability of legislation around them. Altering something without justification can undermine trust and confidence in its integrity, and we are here to have their backs.

This amendment within the proposed Enhancing Access to Justice Act epitomizes a more efficient and streamlined justice system. AMPs are more efficient and cost-effective to administer, alleviating unnecessary burdens on the courts and simplifying the process for all involved parties. Concurrently, they effectively deter violations of the Fire Protection and Prevention Act, 1997, and its regulations, conduct that will not be tolerated in Ontario any longer.

Both the public safety and justice systems aim to prevent and deter crime and misconduct. This is why we have come together on this issue to get to the roots of the problems faced at a legislative level. Effective legislation, regulations and interventions contribute to maintaining public safety by deterring individuals from engaging in any unlawful activity. Whether civilian, fire or policing, we know justice systems uphold the rights and freedoms within communities. For this, protections in the frameworks are essential.

Ensuring justice means protecting all parties from harm, discrimination and injustice, which, in turn, promotes our goal of maintaining public safety by fostering a sense of security and trust in the legal system. This is why we are here today, because the Enhancing Access to Justice Act approaches focus on repairing harm caused by deeming behaviour and reintegrating offenders back into society in a fair way. By addressing the underlying loopholes in legislation, we are upholding the principle of accountability.

More importantly, judicial decisions and legal interpretations can shape the implementation and understanding of laws. With the integration of tools and resources, we’re allowing for new opportunities to minimize accusations and misinterpretation of a violation. Amendments being discussed in the House today are necessary to clarify legislative intent, reconcile conflicting interpretations and address unforeseen consequences arising from court rulings. Holding individuals accountable for their actions through AMPs not only serves the interests of justice but also reinforces public trust in the legal system, which is essential for the province of Ontario and for its citizens to have faith in their fire service and the justice act.

The Enhancing Access to Justice Act is something that needs to be passed for the benefit of Ontario. This is a piece of legislation that, if passed, will ensure that the CSPA will be performed in a just way so that there’s no room for mistakes. Our commitment to public safety is so deeply embedded with the public that we will pull out all the stops to ensure everyone stays safe.

With that, I will be sharing my time with the member from Etobicoke–Lakeshore.

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