SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
June 5, 2024 09:00AM
  • Jun/5/24 11:50:00 a.m.

I move that the Standing Committee on Procedure and House Affairs be authorized to attend the National Conference of State Legislatures in Louisville, Kentucky, from August 4 to August 7, 2024.

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  • Jun/5/24 11:50:00 a.m.

The supplementary question.

Supplementary question?

The next question.

I’m going to ask the Minister of Health to withdraw an unparliamentary comment that was made earlier during question period.

The division bells rang from 1201 to 1206.

On June 3, 2024, Mr. Calandra moved third reading of Bill 185, An Act to amend various Acts.

On June 4, 2024, Ms. Khanjin moved that the question be now put.

All those in favour of Ms. Khanjin’s motion will please rise one at a time and be recognized by the Clerk.

Mr. Calandra has moved third reading of Bill 185, An Act to amend various Acts. Is it the pleasure of the House that the motion carry? I heard some noes.

All those in favour of the motion will please say “aye.”

All those opposed will please say “nay.”

In my opinion, the ayes have it.

Call in the members. This is a five-minute bell.

The division bells rang from 1210 to 1211.

Be it resolved that the bill do now pass and be entitled as in the motion.

Third reading agreed to.

Deferred vote on the motion for second reading of the following bill:

Bill 192, An Act to amend the Health Protection and Promotion Act with respect to maximum patient-to-nurse ratios / Projet de loi 192, Loi modifiant la Loi sur la protection et la promotion de la santé en ce qui concerne les ratios patients-personnel infirmier maximaux.

The division bells rang from 1215 to 1216.

All those in favour will please rise and remain standing until recognized by the Clerk.

Second reading negatived.

The member for Parkdale–High Park.

The House recessed from 1220 to 1300.

Mr. Burch moved first reading of the following bill:

Bill 207, An Act to amend the Municipal Act, 2001 and the City of Toronto Act, 2006 with respect to conduct of councillors and members of local boards / Projet de loi 207, Loi modifiant la Loi de 2001 sur les municipalités et la Loi de 2006 sur la cité de Toronto en ce qui concerne la conduite des conseillers et des membres des conseils locaux.

First reading agreed to.

First reading agreed to.

First reading agreed to.

Motion agreed to.

Motion agreed to.

Motion agreed to.

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The Municipal Accountability and Integrity Act, 2024, if passed, will ensure that municipally elected officials who perpetrate violence, harassment and predatory behaviour are finally held accountable and are no longer able to evade justice through long-standing loopholes.

Among other things, it will establish a common framework for codes of conduct across Ontario; it will require the minister to establish a board of integrity commissioners under the commissioner of Ontario and establish standards for selection and training; and it will allow the commissioner to make an application for judicial review to vacate a member’s seat in the case of egregious contraventions of the code of conduct.

Mr. Fraser moved first reading of the following bill:

Bill 208, An Act respecting the safe access to religious institutions / Projet de loi 208, Loi concernant l’accès sécuritaire aux établissements religieux.

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  • Jun/5/24 1:10:00 p.m.

This petition was delivered to me by Sally Palmer, who is the chair of the Hamilton Social Work Action Committee. It calls out the failure of the ODSP and OW rates and calls for these rates to be doubled in the province of Ontario so that we do not have legislated poverty in this province.

The agricultural sector contributes $48 billion in economic development to the province of Ontario.

In Waterloo region, 770 acres of prime farmland are being designated for a large industrial site. The people of Wilmot have delivered hundreds, if not thousands, of signatures—and I want to thank them for that—calling on the provincial government to slow down the demise of our farmland in Ontario, and also calling on the regional government to not move forward with the forced expropriation of this prime agricultural land.

I fully support the people of Wilmot and Waterloo region and, in doing so, will affix my signature and give it to page Hosanna.

Some 4,500 people die from suicide in Canada each day. These are preventable deaths, if the resources are there. So this petition is calling on the government to recognize the state of crisis in mental health in Ontario.

It is my pleasure to honour Kaitlyn’s memory, support her family, affix my signature and continue to call on the government for greater mental health resources.

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  • Jun/5/24 1:10:00 p.m.

This petition is entitled “Endometriosis Awareness Action.” It’s got hundreds of signatures, and it’s calling for this government to recognize endometriosis as a disease that impacts women, especially BIPOC women. It is currently under-researched and underfunded.

Some 2.4 million Ontarians do not have access to family doctors, and because of this, many women struggling with endometriosis are not able to access health care here in Ontario. Some have to travel to different countries and go broke paying out of pocket for care.

This petition is demanding a response from the government to help survivors—endowarriors, people with endometriosis—to get the health care they deserve and be able to see specialists in Ontario now.

I absolutely support this petition. I’m affixing my signature and handing it over to Ishan.

As I was saying, we cannot police ourselves out of violence, and that includes our schools. So I’m going to affix my signature on this petition that’s calling for us to make more investments in teachers, education workers and mental health supports for our kids instead of militarizing our schools. They are calling for a removal of police-in-school programs across Ontario.

I absolutely support this petition. I am affixing my signature, and I will hand it over to Farhan for tabling.

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  • Jun/5/24 1:10:00 p.m.

I have a petition to adequately fund the Ontario public school system. This is a particularly important petition considering the recent tragedy that we saw with Landyn passing in the school system.

This petition highlights the fact that we have a mental health crisis in Ontario’s schools and that we also need to make sure that there are supportive, caring adults in classrooms so that we don’t continue to see the kind of tragedies that we have seen here in this province. We want to make sure that the Minister of Education meets their obligation when it comes to funding public education and does not continue to rob children of their right to access safe education in our public school system.

This is a very important petition, again, given the recent tragedy.

I’m going to add my name to this petition and give it to Hosanna to take to the table.

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  • Jun/5/24 1:10:00 p.m.

Before we continue with the petitions, I just would like to remind members that “a member may present a petition in the House during the afternoon,” as we are. “The member may make a brief statement summarizing the contents of the petition and indicating the number of signatures attached thereto but shall not read the text of the petition.”

I have given some discretion earlier, but I would just like to remind the members of what we’ve agreed to do.

Petitions?

Deputy House leader?

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  • Jun/5/24 1:10:00 p.m.

Point of order, Speaker.

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  • Jun/5/24 1:10:00 p.m.

This petition was handed to me personally by Doris Grinspun of the Registered Nurses’ Association of Ontario at a rally here at Queen’s Park.

The petition notes that, due to the drug-poisoning crisis, about 10 people a day are tragically dying in the province of Ontario—3,753 needless deaths in 2023.

Safe consumption sites save lives and open a gateway to treatment for people.

The petition is calling on the Legislature to reopen safe consumption sites in Windsor and Sudbury, to provide funding to keep the site in Timmins open, and to provide funding for safe consumption sites in communities across Ontario. We have one of these sites in my riding of Guelph.

I personally support the petition. I will sign it and ask page Sophia to bring it to the table.

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  • Jun/5/24 1:10:00 p.m.

There is a drug-poisoning crisis in Ontario, and that is resulting in the deaths of, on average, 10 people a day. In 2023, 3,753 people died needlessly—because these deaths are preventable.

The government of Ontario has a responsibility to ensure the health and safety of all Ontarians. Part of that is to ensure that there are supervised consumption services available. These sites save lives, and they also are a gateway to supportive services, including addiction treatments, that we know this government is pushing hard on. But for folks to be able to get there, first they need to be alive. That can happen when supervised consumption services are provided.

This petition is calling on the government to provide funding so that SCSs can reopen in Windsor and Sudbury, so that they can keep the site in Timmins open, to expedite the approval process for outstanding applications, and to ensure that every community that needs an SCS is able to have one.

I fully support this petition.

The rates for Ontario Works have been frozen, and the small increases for ODSP, the Ontario Disability Support Program, leave recipients still struggling and well below the poverty line. So the petition here is calling on the Legislature to call on the government to double both Ontario Works and Ontario disability rates.

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Good afternoon to all honourable members of this House. On behalf of the Ministry of Public and Business Service Delivery, it gives me immense pride to rise this afternoon in the Legislative Assembly to lead second reading debate of what is, I submit, a critical and urgently required piece of legislation, the Homeowner Protection Act, 2024. This landmark legislation, if passed, will significantly strengthen protections for homeowners as well as current and future homebuyers. It represents a comprehensive approach to protecting consumers from unethical practices, improving transparency, supporting strong condominium communities, and safeguarding buyers of new homes.

I am, indeed, grateful for the opportunity to speak about this urgent new legislative proposal, and I look forward to an informed debate about what it will mean for Ontario’s homeowners and homebuyers, if this House sees fit to pass it.

I will be sharing my time today with my great colleagues. They include, of course, the member of provincial Parliament for Kitchener South–Hespeler; the member of provincial Parliament for Cambridge, my parliamentary assistant; and the member of provincial Parliament for Kitchener–Conestoga.

Speaker, at the core of this proposed legislation is the fulfillment of our government’s promise to protect Ontarians, especially our seniors, newcomers and the most vulnerable. We must protect them all from the harm caused by the misuse of notices of security interest, NOSIs.

Consumer NOSIs can be registered on the land registry system by a business when it rents, finances or leases certain goods that become fixtures in homes, such as water heaters or furnaces. Initially, NOSIs were intended to register interests in financed appliances. However, over the past few years, they have become tools for organized and deliberate deception used to scam hard-working Ontarians.

Since the early 2000s, the number of NOSIs registered on Ontario’s land registry has skyrocketed, from around 400 each year 20 years ago to more than 58,000 in 2023 alone. These registrations often occur without the homeowner’s knowledge and for amounts far exceeding the fixture’s actual value. Homeowners usually discover NOSIs are registered against their homes when they want to sell or refinance their homes, and bad actors exploit this by demanding exorbitant fees to discharge the NOSIs. In some instances, multiple NOSIs are registered on a single property, which are then converted into sham mortgages that rob hard-working and law-abiding Ontarians of their live savings and their home equity.

The escalation of NOSIs and related scams and fraud appears to disproportionately affect seniors, new Canadians and other vulnerable consumers. Many of these cases have been reported in the media—cases where homeowners have made a large cash payment because NOSIs were leveraged by unethical operators, or they were trapped in high-interest mortgages for which they could not make the required payments and then they default, putting their property in peril.

You may have read of a Bowmanville senior in my riding of Durham who suffered from short-term memory loss. He had 11 NOSIs totalling over $100,000 registered against his home of over 50 years. These were for door-to-door rental contracts for home equipment, including plumbing valves, a digital thermostat, water softeners and outdoor cameras. The perpetrators targeted him and took advantage of his condition, leading him from one scam to the next until eventually they managed to leverage the NOSIs on title to convince him to sign a mortgage. Four days after a NOSI for plumbing valve and surge protector equipment was placed on his home, a financing company registered a one-year mortgage on the property for $130,000 with 25% interest. Then, in late 2022, he received a foreclosure letter from this mortgage company stating that he had two weeks to leave his home. According to his family, their father had signed mortgage paperwork, he had not understood it, and they had to get legal help. Sadly, this vulnerable gentleman passed away earlier this year.

This may seem like an extreme case, but I am sorry to say that situations like this occur far too often. The bad actors use NOSIs as leverage to obtain exorbitant contract payouts from consumers, sometimes inappropriately using them to discourage consumers from even changing suppliers or, in the case of the Bowmanville senior I spoke about, to convince that homeowner to sign a mortgage to pay off NOSIs.

I receive letters and emails from people across Ontario, many sent to my ministry by my fellow members of provincial Parliament. Ontario residents are openly expressing their frustration, their anguish and their outrage at being victimized by elaborate schemes to defraud them.

For example, an individual wrote about a contract he entered into with a company for a high-efficiency furnace, only to realize that the company was misrepresenting itself as a provincially endorsed company working for the province to make homes more energy-efficient. The company advised they would perform an energy audit to determine which provincial energy rebates the individual might be eligible to receive. It will likely come as no surprise to learn that that company was not provincially endorsed and the consumer had no assurances of receiving potential provincial energy rebates. According to the writer, the sales rep advised that he could opt for an earlier buyout after the first several years, at a quoted cost of $800 to $1,000. Almost two years later, when he decided to arrange that buyout, he was then told that the cost would be an exorbitant amount of approximately $15,000. Then, the individual became aware that a NOSI valued at more than $15,000 had been placed on the title to his property immediately after the furnace had been installed.

As I’ve said before, these elaborate schemes are being used against innocent, honest, trusting consumers. This is a despicable practice that particularly harms our senior citizens, newcomers and other vulnerable residents, and it must stop.

To that end, if passed, this comprehensive legislation will curb these unethical, immoral and shameful practices. Upon passage, this proposed legislation would ban the registration of consumer NOSIs on the land registry system and deem all currently registered consumer NOSIs expired.

To get to today—this legislation has been developed following extensive consultations across Ontario in the fall of 2023. My ministry, the Ministry of Public and Business Service Delivery, held these consultations on specific approaches to address the misuse of NOSIs. The ministry received feedback from businesses of all types, legal organizations, law enforcement, other regulators and consumer advocates, as well as many consumers negatively affected by NOSIs. Based on all the information received through that extensive consultation process, it has become apparent that the harms caused by the misuse of consumer NOSIs on the land registry far outweigh the benefits provided by their legitimate use.

I want to take this opportunity to thank my parliamentary assistant, the member of provincial Parliament for Cambridge, as well as the member of provincial Parliament for Kitchener–Conestoga and the member of provincial Parliament for Kitchener South–Hespeler. All have played a particularly crucial role in highlighting this issue and driving our government’s efforts to address it. They have been working tirelessly and closely with the Waterloo Regional Police Service and impacted Ontarians to shed light on this significant area of consumer harm. You will hear more from each of them today as part of our government’s leadoff on second reading of this bill, but I just want to take a moment to thank them for being such strong advocates for the elderly, for all of their constituents, and indeed for all Ontarians.

Also on behalf of the government, I wish to thank Chief Mark Crowell and the entire Waterloo Regional Police Service, particularly Detective Adam Stover, for their invaluable work on this issue. Detective Stover’s efforts have been instrumental in investigating and documenting the harms caused by NOSIs. It is because of his and the Waterloo Regional Police Service’s tireless efforts that we are here today to take a stand against those who seek to victimize our fellow citizens and residents.

In response to the tabling of Bill 200, stakeholders have applauded our government’s steadfast determination, under the leadership of Premier Ford, to bring forth change for our province’s consumers and homeowners. It brings me great pleasure indeed to highlight the widespread positive responses we have received from stakeholders who support this much-needed ban of consumer NOSIs.

As I just mentioned, this legislation has been strengthened through the dedicated work of the Waterloo Regional Police Service, who have committed extensive hours to investigating complaints of NOSI misuse, investigating the issue, sharing updates with our ministry. This occurred prior to and during and subsequent to the fall 2023 consultation process.

Upon tabling Bill 200 on May 27 of this year, the Waterloo Regional Police Service has extended “appreciation to ... the Ontario government for working to eliminate the registration of consumer” NOSIs “in the province.” The chief of police services in Waterloo region, Mark Crowell, has shared his optimistic outlook on this proposed legislation, as well as his hope that, as he put it, “the proactive policy approach announced today will put an end to this devastating fraud.” It is my hope that today, we can all make Chief Crowell’s hope a new reality.

Laura Tamblyn Watts, the president and CEO of CanAge, Canada’s national seniors’ advocacy organization, made it clear that the actions of our government will make a positive, meaningful impact on the lives of seniors in Ontario. CanAge recognizes that the tabling of Bill 200 is an opportunity, as she put it, for “historic action in protecting the financial well-being of Ontario’s seniors.” CanAge has commended our government for taking decisive action to address this problem and to make Ontario a safer marketplace for senior homeowners, while at the same time preventing predatory behaviours on the part of bad actors.

In addition to this report we have received from CanAge, we have welcomed responses from the Advocacy Centre for the Elderly, who supports the immediate passage of Bill 200. The Advocacy Centre for the Elderly has shared the extent to which senior homeowners are victimized by the unlawful and unscrupulous use of NOSIs, and underscored the urgency to which both future and retroactive abolitions of NOSIs are needed to protect the rights of vulnerable elderly citizens.

They have described the countless ways in which unethical lenders and home service companies are aggressively pursuing homeowners with lawsuits leveraged by the registration of grossly inflated NOSIs against title to their homes—homes that were paid off long ago and in which they have full equity.

Our government will not allow our elderly to be harassed by these exaggerated and unlawful claims by organized criminals. We cannot idly stand by while seniors pay out large claims to fraudsters, all the while led to believe that they have no other alternative, or having to retain legal counsel or paralegals and pay thousands of dollars to pursue relief in court.

So, Speaker, I stand before you now to make a promise to the seniors and the vulnerable members of our province that this government will put an end to the fear and the harassment perpetuated through the misuse of NOSIs and make Ontario a safer place for seniors and all Ontario homeowners.

I wish to send a clear message to our seniors and all Ontarians: Your government has your backs, and with help and support from His Majesty’s loyal opposition, help is on the way.

Beyond the ban of consumer NOSIs proposed in Bill 200, I wish to discuss the other proposed measures contained in the Homeowner Protection Act, 2024, which I submit will further strengthen protections for Ontarians making the biggest purchase of their lives, and that is their homes. These changes align with our government’s ongoing work to help ensure that purchasers are well informed and better protected when they make their plans to buy a new freehold home. With our proposed legislation, we are enhancing protections to make sure Ontarians who buy a new freehold home have the time to make informed decisions confidently and comfortably.

Home purchase agreements are complex, and buyers are sometimes faced with making a decision to sign a purchase agreement for a new home on the spot. If passed, our government would develop and consult on regulations needed to implement a 10-day cooling-off period for purchases of new freehold homes. A cooling-off period would help buyers make a more informed and confident purchasing decision and allow them to better understand the associated risks with their agreement. During that 10-day period, the buyer would be permitted to cancel the agreement for any reason with no fear of financial penalty. Providing buyers with this cooling-off period would, I submit, better align protections for buyers of new freehold homes with existing ones for those buying new condominium units.

In addition, the government plans to require in the future that builders who terminate freehold home purchases or freehold home purchase agreements must report those terminations to Tarion for public reporting on the Ontario Builder Directory on the Home Construction Regulatory Authority’s—HCRA—website. This will improve transparency for new home buyers so that they can better education themselves and make sound choices with peace of mind. And this brings new freehold home purchase requirements more in line with the existing requirements that we’ve had for some time with condominium projects and condominium purchase agreement terminations, which are already available on HCRA’s website.

Our government is also proceeding with initiatives aimed at promoting fairness in the new home market and bolstering consumer confidence. My ministry intends to publicly consult at a future date on potential ways to address the illegal building and illegal selling of new homes in Ontario.

Illegally built or sold homes are a real and growing threat to consumers, to developers, and indeed to all levels of government. Illegal building and illegal selling puts consumers at risk from unqualified builders and developers. Those risks include inferior quality and unsafe construction, unethical conduct, and greater costs for homeowners due to defects.

You may have heard of one recent case where Ontario’s building industry regulator, HCRA, had to freeze all the assets linked to one developer. This measure followed an investigation that revealed that the company had been building homes without the required approvals from Tarion, the administrator of Ontario’s new home warranty and protection program, and that builder had been accepting substantial payments on the sale of those homes.

Another Toronto-area developer was ordered to pay more than $180,000 after pleading guilty to selling a new home without a licence.

Illegal builders like these create an uneven playing field, offering consumers lower prices but without fulfilling their legal options; for example, by building or selling homes without a licence or without the required approval from Tarion—processes that are designed to protect consumers. Builders like these compete unfairly with licensed builders who play by the rules by fulfilling their licensing and warranty-related obligations through Tarion. That is not fair to those legitimate, fair and reasonable builders.

When builders illegally build or sell new homes without a licence or without Tarion’s approval, consumers are more likely to be exposed to risks to their deposits and to major structural defects in their homes. Buyers of these homes may only become aware of these risks when faced with serious and significant problems that put their peace of mind in jeopardy.

Tarion, one of the 12 administrative authorities within my ministry, is also exposed to financial risks associated with deposit protection and backstopping the builder’s warranty. Illegal builders often do not respect warranty obligations, so Tarion is left to pay for warranty coverage without being able to collect from the illegal builder. Over the years, this has resulted in payouts of millions of dollars, and the payment of these claims comes from a fund supported by the licensed legal builders and new home buyers.

Illegal builders, then, put additional strain on all levels, contributing to tax evasion and lost revenues, and they make it more difficult for the majority of builders who abide by the rules to build the many, many new homes we need—safe, properly constructed homes on the path to that 1.5 million new homes and builders in Ontario by 2031.

Speaker, as we know, homes come in many forms, and I would like to mention additional measures that our government is taking and is proposing to proceed with aimed at supporting Ontario’s condominium communities. More than a million Ontarians call condominiums home, and we know that condo communities often experience unique challenges and disputes. Our goal is to develop policies that are responsive to those needs.

Ontario currently has many rules in place to help condo buyers make informed decisions and protect themselves in the marketplace. Condo developers are required to provide buyers with an outline of the possible risks of buying a pre-construction unit, early termination conditions, important timelines and project status.

In 2021, my ministry launched a residential condominium buyers’ guide to help condo buyers make informed purchasing decisions. Developers also must provide condo purchasers with a copy of the guide to better inform them about the buying process and condominium living, along with a copy of the current disclosure statement.

Recent changes to the Condominium Act, 1998, also would increase the amount of interest payable under certain circumstances to purchasers on their deposits or payments for the purchase of a new or pre-construction condominium unit from a developer, including in the event of a cancellation.

I would like to point out that in the 2020 value-for-money report, the Auditor General called attention to condo-related issues. The audit on condominium oversight highlighted a need for more consumer information on how condominium fees are set and managed. The report also called for an enhanced mandate for the Condominium Authority of Ontario and Condominium Authority Tribunal to protect condo owners against many of the common issues that they may encounter in their daily living in condominium communities.

In 2021, the condominium authority itself conducted consultations on topics such as expansion of the tribunal’s jurisdiction to adjudicate disputes. Condominium residents and condominium board directors signalled their strong support for the expansion of the tribunal’s jurisdiction, and these findings were supported by a recent targeted consultation undertaken by my ministry. We are now taking steps to make sure that condominium communities do have a strong and responsive dispute-resolution mechanism available when issues arise, and we will continue to consult on ways to improve how condominiums are operated.

As part of that process, we are taking measured steps to expand the Condominium Authority Tribunal’s jurisdiction in a phased and thoughtful way, beginning with consultations on a proposal for the tribunal to resolve certain additional types of disputes.

Our province plans to also consult on other initiatives aimed at strengthening protections for condo owners and buyers. These include improvements to status certificates, disclosure statements, remedies for inadequate disclosure of material changes during construction, and how access to records may increase safety in condominium communities. Transparency is the goal. We want to help increase operational and financial clarity while limiting burden to the condominium corporations and managers that are entrusted with running a condominium on behalf of a community.

These are just some measures that are all part of our government’s broader plan to provide people with the very best in consumer protection, to ensure they have the necessary tools to both purchase and enjoy their home. Our government will do everything that we can to reassure hard-working Ontarians that we are protecting them when they make that major purchase.

Bill 200 also proposes a minor amendment to the Ontario Heritage Act. The proposed Homeowner Protection Act, 2024, if passed, would amend the Ontario Heritage Act, 1990, to improve heritage conservation outcomes. Our government is ensuring we continue to protect Ontario’s heritage for generations to come. The amendments my colleague the Honourable Minister of Citizenship and Multiculturalism is proposing to the Ontario Heritage Act will help ease administrative pressures related to the conservation of legacy-listed heritage properties by extending the timeline for municipalities to review such listed properties by an additional two years, to January 1, 2027. These proposed changes would encourage municipalities to prioritize and proactively review and designate heritage properties that are truly important to their communities. If passed, the changes would mitigate impacts on cultural heritage resources by providing additional time for review of the province’s legacy-listed properties, to ensure that those most important to communities and their histories are designated and protected for generations to come.

Our government will continue to work with municipalities, the building industry and other key stakeholders to ensure we conserve true heritage, while using all the tools at our disposal to support Ontario’s future growth.

Bill 200 also addresses transit-oriented communities. The proposed legislation, Bill 200, if passed, would also support our government’s efforts to provide zoning certainty for our building partners on transit-oriented communities. If the Homeowner Protection Act, 2024, passes, our government would exempt designated transit-oriented community lands from the immunity provisions in the Planning Act related to the making, amending or revoking of minister’s zoning orders. The changes my colleague the Honourable Minister of Municipal Affairs and Housing is proposing would support the government’s plan to build vibrant mixed-use communities near transit, while reducing the cost to taxpayers to build transit station infrastructure. We know transit-oriented communities will create more homes, including affordable housing, parkland and retail and office space near stations, and that will make it faster and easier for everyone to access reliable transit right in their own neighbourhoods.

Let me conclude by reiterating our government’s pledge to ensure that our fellow citizens and residents have the protections they need as they navigate the marketplace. Let me say that Ontarians can and must be well informed and empowered when they purchase a new home. Communities need clarity and flexibility to be able to protect their heritage assets, and all Ontario consumers, especially our elderly and our most vulnerable members, must be protected from financial abuse at the hands of organized criminals operating in the marketplace. When consumers can have trust in the marketplace as they spend their hard-earned dollars; when homeowners can be sure that they are not being taken advantage of; when businesses understand and comply with their responsibilities, then we all benefit.

The Homeowner Protection Act, 2024, if passed, would reinforce our government’s strong record of protecting Ontario consumers and supporting a level playing field for businesses to promote fairness in the marketplace.

The changes we are proposing would help eliminate unfair business practices and help ensure Ontario homeowners can make informed choices with peace of mind when purchasing a freehold home, just as when they are purchasing a new condominium unit. Our fellow citizens and residents then can be confident that, when it comes to their home and their rights, the government of Ontario has their backs.

It has been a great honour to address all members of this House today; I thank all for their kind attention. My colleagues and I look forward to the upcoming debate. We know that you all have informed and thought-provoking input to share. The track record with bills so far introduced by my ministry of late is that His Majesty’s loyal opposition has supported our goal in favour of consumer protection and safety for all. I look forward to members not only on this side of the aisle but the opposite side of the aisle in terms of their contribution to debate. I look forward to hearing from them. I will listen intently.

I encourage support for this urgently needed Homeowner Protection Act, 2024. It is the right thing to do in moving our province forward. It is a bill that is a true testament to our government’s unwavering commitment to building a safer, fairer and stronger economy, now and for future generations. Protecting Ontarians—especially our elderly and the most vulnerable—is our sacred duty. It is our sacred duty as legislators, and it is a duty that rises above partisanship; it is one that I know that each and every one of the members in this House holds near and dear to their hearts. A duty is one that unites us beyond any differences that we might otherwise have.

I look forward to the debate. Furthermore, I thank all for their kind attention.

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  • Jun/5/24 1:20:00 p.m.

This petition calls on Lydia’s Law to be called to justice committee.

It’s good to hear that the justice committee will be dealing with the IPV issue over the summer.

We all can never accept that 1,326 sexual assault offenders walked out of court and did not have their day in justice.

Lydia’s Law honours the voices of survivors and calls on the government to move forward with the 2019 Auditor General recommendations—that would be greater accountability to the Attorney General, and report back to this House what’s actually happening in our court system. This is a good bill. It’s the first step in moving the justice system forward.

I’m affixing my signature and giving this to Farhan.

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Back to the minister to lead off debate.

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  • Jun/5/24 1:20:00 p.m.

The petition is entitled “Petition: To Raise Social Assistance Rates.”

Yesterday, I had a chance to meet with the Disability Without Poverty coalition, and I’m here to say that people with disabilities in Ontario are struggling. They are starving, and they are feeling left behind.

So I am proud to sign this petition that was given to me by Dr. Sally Palmer. It is calling for raises of the social assistance rates. We need to at least double ODSPoverty and OW so that Ontarians with disabilities have a chance at survival in this climate. I’ve affixed my signature, and I’m handing it over to Farhan.

I’ve affixed my signature, and I will hand it over to Farhan for tabling.

I’ve affixed my signature, and I’m handing it back it to Farhan for tabling.

Mr. McCarthy moved second reading of the following bill:

Bill 200, An Act to amend various Acts with respect to homebuyers and homeowners, properties of cultural heritage value or interest and certain planning matters / Projet de loi 200, Loi modifiant diverses lois en ce qui concerne les acquéreurs de logements et les propriétaires de logements, les biens ayant une valeur ou un caractère sur le plan du patrimoine culturel et d’autres questions liées à l’aménagement du territoire.

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  • Jun/5/24 1:20:00 p.m.

In Ontario, about 200,000 to 300,000 people are injured on the job every year.

Over a century ago, workers gave up their right to sue their employer in exchange for a system that would provide them with a just compensation. However, that is not the reality in Ontario, leading to injured workers living in poverty and also without timely access to medical care and quality medical care.

This petition is calling on the Legislative Assembly of Ontario to change the Workplace Safety and Insurance Act to eliminate the practice of deeming, or determining, which bases compensation on phantom jobs that injured workers actually do not have.

I support this petition. I will affix my signature to it.

Under Conservative Premier Mike Harris, the 50% operating cost that was shared between the province and municipalities was downloaded to the city of Toronto. Since then, the TTC has become the least subsidized public transit system in North America, leading to systemic underfunding issues and problems in our transit system.

This petition is calling on the Legislative Assembly of Ontario to immediately restore the provincial funding of 50% of the TTC’s net operating costs.

As a transit rider and a Toronto resident, I fully support this petition, and I will affix my signature to it.

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I recognize the member for Kitchener South–Hespeler.

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I really appreciate the opportunity to speak today about something that I know has been very long-awaited and looked forward to, and something I’m incredibly proud to be able to speak to and play this tiny role in, which is Bill 200, the Homeowner Protection Act. If passed, this bill will essentially hammer the final nails into the coffin of NOSIs and bury them forever.

In my decade of service as a crown prosecutor, I often saw the incredibly ugly impacts of fraud—the way the perpetrators identify and prey on the vulnerable in our society. Fraud can be incredibly hard to prosecute. Often, the perpetrators may be out of province or even out of country, cloaked and covered and easily able to find their victims but challenging to locate. Justice for fraud victims is also elusive at times. Even with a conviction, ensuring that victims are in fact made whole when the reparations are made is incredibly challenging. This, of course, is particularly painful to witness when the victim is a senior, someone who has worked hard throughout their life to provide for themselves in their later years. Recovering from the type of financial loss that is exacted by fraud can take years and even more dedication of resources. Unfortunately, that time and those resources are things that many of our victimized seniors do not have.

You’ve all read this bill and heard hours of debate on its contents, so I would like to take my limited time here to talk a little bit more about the people behind the legislation, the victims, the people who had their lives turned upside down by those who are really only worshipping at an altar of greed, but also about the heroes in this legislation, the people who went up against this Goliath, went up against the harlequin hydra that were these offenders, and with the hopeful passing of this bill, will have finally won their fight.

Let me tell you about John. John is 71, and he lives with his sister in the home that they inherited from their parents. They’ve never had a mortgage, but now John is stuck actually paying rent on his own home that he no longer owns to the very person who forced the sale of John’s home through a series of predatory mortgages. Once the home was sold, the equity was seized. John can’t even access the equity from the sale of his own home, because, according to those who took advantage of him, it will take all of that equity and more to pay off all of the NOSIs that were registered on the title.

Prior to October 2021, another victim I’ll call Jim fully owned his house. He ended up owing $30,000 via a predatory NOSI and was doing his best to make the monthly payments. Another predator approached Jim and told him that they could help him pay off that lien and help him qualify for renovations to increase his home’s value. They did some renovations in his home that were worth at most $15,000 and of incredibly poor quality. On completion, that lien was converted into a mortgage, and Jim now owes $312,000 on his house and is being pressured to foreclose, and he had to hire a lawyer and is fighting.

Then there was Karl. Karl was in his eighties, and he was suffering from short-term memory loss after a brain aneurysm. Predators came knocking at his door, promising that they would be able to help him, almost save him. He thought they were there to help, and he ended up with $150,000 registered against his home. Sadly, Karl passed away, his last years marked by—victimized by fraud.

All across Ontario, vulnerable people were being preyed upon and victimized, misled and mistreated and led down this path to their ultimate financial destruction. As this happened, the alleged perpetrators were flaunting their newly acquired wealth on social media, with fast cars and expensive vacations, sometimes even recording their communications with their victims by way of training modules to share with others.

I want to tell you about one of the heroes in this: Detective Adam Stover of the Waterloo Regional Police Service. In early 2022, Detective Stover identified a complex fraud scheme that was targeting vulnerable and elderly victims in Waterloo region involving placing NOSIs on their homes without their knowledge. Victims were losing their homes. They were losing their life savings. Detective Stover undertook an in-depth criminal investigation into the perpetrators and became a part of uncovering a large-scale predatory criminal enterprise that had spread all across Ontario. As his investigation spread and unfolded, he became the provincial expert regarding NOSIs and was able to give guidance to numerous police services across the province as well as work with the OPP to dismantle the organizations. Other people may have stopped there, but Detective Stover, as he had essentially more than fulfilled his duty as an officer of the law—he’d investigated, he’d put together a case, he had protected the public to the best of his ability. But that ultimately wasn’t enough for him, and in becoming the expert, he realized that legislative change was the only way to put an end to this forever.

So, Detective Stover, you are a big part of the reason that I am standing here today, talking about NOSIs. You had a mission, which was to save thousands of vulnerable Ontarians, and here we are today, on the precipice of the completion of your mission. I know that you spent hours meeting with elected officials, with MPPs, with ministry officials and with lawyers, with journalists and reporters, and I know just how difficult it can be to effect change when everyone you meet seems to agree with you and support you but the magnitude of the machine itself can seem too big to budge and too large to listen. But, Detective Stover, you did it. You got the attention of the machine. We heard your call, and we answered, and I’m incredibly proud to be part of the government that took action, and to call our Minister of Public and Business Service Delivery a friend. You could not have had a better advocate in him or his ministry.

I also want to recognize the hard work that was done by the Ontario real estate bar. All of us lawyers have heard people we can kind of sneer at use the quote from Shakespeare’s Henry VI: “The first thing we do, let’s kill all the lawyers.” The same people who like lawyer jokes like to trot that one out as evidence of the horribleness of lawyers, but those of us who are more familiar with the play itself know that the person who said, “The first thing we do, let’s kill all the lawyers,” was a violent anarchist who wanted to overthrow society. Really, what that statement means is, by killing all the lawyers, we would end society as we know it, because lawyers, ultimately, are the fundamental defence against the grossest manifestations of power-hungry antics and greed that are, frankly, wrought by the scum of humanity.

Interjections.

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It’s a pleasure to join the Minister of Public and Business Service Delivery today to speak about the Homeowner Protection Act, 2024. As the minister illustrated previously, this important new consumer protection legislation demonstrates once again our government’s dedication to advance the interests of Ontario consumers. I’m extremely excited to see this piece of legislation come to fruition, as well as the steps we are taking with this proposed bill to promote fairness and transparency for Ontarians and safeguard their interests, including seniors, new Canadians and other vulnerable consumers. We are protecting Ontarians’ interests as buyers of new homes and as homeowners, and we are strengthening their confidence in their abilities in our marketplace. And we’re making Ontario a better place to live, work and grow.

Let me provide a brief recap for the House of the measures included in the Homeowner Protection Act, 2024. First, if passed, this bill will ban the registration of consumer notices of security interest—or NOSIs, as they are called—on the land registry. All consumer NOSIs currently registered on title will be deemed expired, which means that they can be removed from the record of title at any time the consumer chooses.

Speaker, the Homeowner Protection Act, 2024, will help Ontarians feel confident that this government has their backs when it comes to their home and housing. It also supports our government’s ambitious plan to build the infrastructure that Ontario communities and municipalities need to grow and prosper.

To that end, Bill 200 includes changes to the Planning Act from the Ministry of Municipal Affairs and Housing and the Ministry of Infrastructure to provide zoning for our partners in advancing transit-oriented communities.

The Homeowner Protection Act, 2024, is a far-reaching legislative package that advances rights and protections for homeowners and buyers of new freehold homes, and supports strong growth in Ontario.

If this bill has one headline, it would be the banning of consumer notices of security interest—and there is good reason for that. If these notices of security interests, or NOSIs, have been in the media a lot recently, which they have been, that is because of the dramatic effect their misuse has on so many people who live in Ontario.

To reiterate, we are proposing an outright ban on the registration of consumer NOSIs, and we would deem any consumer NOSIs already on title to be expired. This legislation means Ontarians would also not have to take on the fight themselves against the misuse of these NOSIs.

This issue is very important to me, personally. I have heard of many people in my riding and many people in Ontario speak of this—including my riding of Cambridge, like I spoke earlier about—who have been victimized by the misuse of NOSIs. I’ve spoken about this problem in the House previously, and at the Standing Committee on Justice Policy, and have stressed the need to tackle these scams that target vulnerable homeowners.

Today, I’m going to take a good portion of my time to talk about how vital it is that we deal with NOSIs and their damaging effects. We know that banning consumer NOSIs on title altogether is a bold move. It is one that our government is considering very carefully before taking action, but we must.

As the minister stated, NOSIs do serve a real purpose. There are a number of reasons for a homeowner to enter into a rental or service contract with a business when they’re considering a large piece of equipment like a furnace or a water heater, and that business should outline the payment plan clearly in the contract. In certain cases, these businesses may have the right to register a NOSI on the land registry system based on that contract.

Registering a NOSI on the title of that property serves as a notice to third parties of the company’s security interest and may protect that interest, for example, if the customer sells the property to a third party. This allows a business to protect itself and its interests, and to be able to repossess its equipment in certain circumstances. It’s not an uncommon practice, especially not here in Ontario, where there has been a long history of renting home equipment like furnaces and water heaters.

So there is a reason for NOSIs and the system to exist in the first place, but over the decades, the use of NOSIs by bad actors who have taken advantage of consumers by leveraging exorbitant payouts for them has become more and more common. As the minister mentioned, the number of NOSIs registered on the Ontario land registry per year has skyrocketed from approximately 400 registrations annually in the early 2000s to more than 58,000 in 2023 alone. And right along with the increasing use of NOSIs has come a proliferation of abuses of this legal tool, often with homeowners unaware that the consumer NOSI has been registered on title, nor the value registered.

As the minister and others in this House have pointed out, NOSIs have been used too often over the years to exploit too many unsuspecting vulnerable seniors, new Canadians and overall Ontario residents, with some unscrupulous actors misusing NOSIs to demand high payments from consumers to discharge them.

Last year, it was my privilege to join the minister and my colleagues for the House debates on our new Consumer Protection Act legislation, the Better for Consumers, Better for Businesses Act, 2023. The great achievements in consumer protections in our province have jumped over something that we haven’t done for 20 years in this province, so I’m really glad to be a part of it. It’s a real landmark piece of legislation, designed to strengthen consumer rights and confidence, to make it easier for businesses to comply with consumer protection rules, and to promote a fair and competitive economy.

The new Consumer Protection Act, 2023, includes stronger, clearer protections against unfair business practices; provides a fairer exit option for consumers and their families entering into certain long-term leases; and limits when businesses can make unilateral contract amendments, renewals and extensions without express consumer consent. We took up the issue of NOSIs as part of that bill. During debates, I talked about my experience with NOSIs in my riding.

There is a lot of good in this bill, and I think what made me very passionate about it was working with a Waterloo regional police detective, Adam Stover, and David Mullock, who is the liaison officer for the force, and just watching the transcripts of the phone messages that these bad actors had portrayed to these vulnerable sector people. It’s the elderly who are being abused—people with dementia—people with a lack of understanding of what they’re really signing. This really sickened me, watching the same perpetrators come back to the same people they had first basically ripped off and trying to rip them off again.

I want to take time for a moment to mention the good work of Detective Adam Stover and David Mullock and the Waterloo Regional Police Service’s organized financial crime team. Detective Stover, David Mullock and the Waterloo Regional Police Service’s representative joined us when we first announced our intention to introduce this important piece of legislation.

The measures in this new consumer protection act, once in force, are intended to be the first step to address and reduce the harmful and inappropriate use of NOSIs. The measures include provisions to clarify a business’ obligation to discharge a NOSI under specific circumstances and to allow some consumers to receive assistance from the Ministry of Public and Business Service Delivery in enforcing a business’ obligation to discharge a NOSI if a contract was cancelled or rescinded. However, since then, the government has heard loud and clear that further and quicker action has to be done to help to protect consumers from bad actors and NOSIs related to them.

I want to take a moment to thank all individuals and organizations who have drawn attention to this issue over the years, and all those who participated in consultations last year specifically addressing the issue of NOSIs. I want to thank members on both sides of the House who have contributed to debates on this issue in the House and in committee.

The measures we are tabling with this proposed legislation are informed by the concerns expressed by the people of Ontario. This is how we came up with this bill—by talking to these people. This is a complex issue that requires urgent attention, and our approach is pragmatic, but it is a direct response.

In summary, the Homeowner Protection Act, 2024, if passed, will advance protections for Ontario homeowners. It would protect homeowners from abusive practices by banning the registration of consumer notices of security interest and deeming current registered consumer NOSIs expired. These changes would come into force upon royal assent.

The Homeowner Protection Act, 2024, is an ambitious plan with strong protections for Ontario homeowners, especially for seniors and vulnerable residents. The legislation, if passed, will enhance consumer protections for buyers of new freehold homes and provide local communities with the certainty they need to protect significant heritage properties and to build for the future.

I urge all members in this House to support this proposed comprehensive legislation and help create a better province for all of us.

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Some of my fellow lawyers are applauding.

I know that there were some members of the Ontario real estate bar who really took their law licences, took their degrees and their experience and, frankly, went to battle on behalf of so many people who were victimized and have lost so much as part of the criminal enterprise that so many NOSIs became. As a lawyer, as a legislator, as an MPP, thank you so much for everything that you did. I admit I never really pursued real estate law as a law student; I was more interested in the criminal side of things—but I have to say, incredibly, incredibly well done. You have wonderfully represented your trade and our association. I am proud to be part of the same society as you, and I commend you all so much on the work that you have done.

Ultimately, with this bill, it’s a story of small and vulnerable people who became victimized by the greedy and the power-hungry, and it’s also a story of people who went far beyond the call of their individual duty to protect those people. As I said, I am hoping we will be able to put politics aside and stand up for what is right, stand up for the vulnerable in society and recognize the hard work done by these heroes, and pass Bill 200 and put an end to these predatory practices once and for all.

Again, I’m so proud to have been part of this, and I am so grateful for the work of the people who were so passionate in this.

I will hand it over to the MPP from Cambridge.

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