41:2 Bill 58, Delegated Administrative Authorities Accountability and Transparency Act, 2016

McDonell, Jim

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Bill 58                                                                                                                                                    2016

An Act to amend various Acts with respect to delegated administrative authorities

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Condominium Act, 1998

   1.  (1)  The following provisions of section 1.10 of the Condominium Act, 1998 are amended by striking out “Minister” wherever that expression appears and substituting in each case “Lieutenant Governor in Council”:

    1.  Subsection (1).

    2.  Subsection (2).

    3.  Subsection (3), in the portion before clause (a).

   (2)  The English version of clause 1.10 (3) (b) of the Act is amended by striking out “Minister” and substituting “Lieutenant Governor in Council”.

   (3)  Section 1.10 of the Act is amended by adding the following subsection:

Transition

   (4)  The appointment of all members that the Minister has appointed to the board of directors of the condominium authority before the day the Delegated Administrative Authorities Accountability and Transparency Act, 2016 received Royal Assent is revoked 30 days after that day.

   (4)  Subsection (3) applies only if subsection (1) comes into force before the day section 2 of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force.

   2.  Section 1.11 of the Act is amended by striking out “The Minister” and substituting “The Lieutenant Governor in Council”.

   3.  Paragraph 3 of subsection 1.15 (2) of the Act is amended by striking out “by the Minister” at the end and substituting “under section 1.10”.

   4.  Subsection 1.21 (1) of the Act is repealed and the following substituted:

Audit

   (1)  The accounts and financial transactions of the condominium authority shall be audited annually by the Auditor General and the costs of the audit shall be paid out of the funds of the authority.

Condominium Management Services Act, 2015

   5.  (1)  The following provisions of section 11 of the Condominium Management Services Act, 2015 are amended by striking out “Minister” wherever that expression appears and substituting in each case “Lieutenant Governor in Council”:

    1.  Subsection (1).

    2.  Subsection (2).

    3.  Subsection (3), in the portion before clause (a).

   (2)  The English version of clause 11 (3) (b) of the Act is amended by striking out “Minister” and substituting “Lieutenant Governor in Council”.

   (3)  Section 11 of the Act is amended by adding the following subsection:

Transition

   (4)  The appointment of all members that the Minister has appointed to the board of directors of the administrative authority before the day the Delegated Administrative Authorities Accountability and Transparency Act, 2016 received Royal Assent is revoked 30 days after that day.

   (4)  Subsection (3) applies only if subsection (1) comes into force before the day section 11 of Schedule 2 to the Protecting Condominium Owners Act, 2015 comes into force.

   6.  Section 12 of the Act is amended by striking out “Minister” and substituting “Lieutenant Governor in Council”.

   7.  Paragraph 3 of subsection 15 (2) of the Act is amended by striking out “by the Minister” at the end and substituting “under section 11”.

   8.  Subsection 22 (1) of the Act is repealed and the following substituted:

Audit

   (1)  The accounts and financial transactions of the administrative authority shall be audited annually by the Auditor General and the costs of the audit shall be paid out of the funds of the authority.

Delegated Administrative Authorities Act, 2012

   9.  (1)  Section 24 of the Delegated Administrative Authorities Act, 2012 is repealed and the following substituted:

Board appointments by LG in C

   24.  (1)  The Lieutenant Governor in Council may appoint one or more members to the board of directors of a delegated administrative authority for a term specified in the appointment.

Majority

   (2)  The number of members appointed by the Lieutenant Governor in Council shall not be a majority of the board.

Composition

   (3)  The members appointed by the Lieutenant Governor in Council may include representatives of the public, consumer groups, business, government organizations and such other interests as the Lieutenant Governor in Council determines.

   (2)  Section 24 of the Act is amended by adding the following subsection:

Transition

   (4)  The appointment of all members that the responsible Minister has appointed to the board of directors of a delegated administrative authority before the day the Delegated Administrative Authorities Accountability and Transparency Act, 2016 received Royal Assent is revoked 30 days after that day.

   (3)  Subsection (2) applies only if subsection (1) comes into force before the day section 24 of Schedule 11 to the Strong Action for Ontario Act (Budget Measures), 2012 comes into force.

   10.  Section 25 of the Act is repealed and the following substituted:

Change in number of directors

   25.  The Lieutenant Governor in Council may, by order, increase or decrease the number of members of the board of a delegated administrative authority.

   11.  Paragraph 3 of subsection 30 (2) of the Act is amended by striking out “by the responsible Minister” at the end and substituting “under section 24”.

   12.  Subsection 37 (1) of the Act is repealed and the following substituted:

Audit

   (1)  The accounts and financial transactions of a delegated administrative authority shall be audited annually by the Auditor General and the costs of the audit shall be paid out of the funds of the authority.

Freedom of Information and Protection of Privacy act

   13.  (1)  Subsection 2 (1) of the Freedom of Information and Protection of Privacy Act is amended by adding the following definition:

“delegated administrative authority” means,

  (a)  a designated administrative authority within the meaning of the Safety and Consumer Statutes Administration Act, 1996,

  (b)  the Corporation within the meaning of the Ontario New Home Warranties Plan Act,

   (c)  Ontario One Call,

  (d)  the Technical Standards and Safety Authority, and

  (e)  the designated wine authority within the meaning of the Vintners Quality Alliance Act, 1999; (“organisme d’application délégataire”)

   (2)  Subsection (1) applies only if section 53 of Schedule 11 to the Strong Action for Ontario Act (Budget Measures), 2012 does not come into force before the day this Act receives Royal Assent.

   (3)  Subsection 2 (1) of the Act is amended by adding the following definition:

“delegated administrative authority” means,

  (a)  a delegated administrative authority within the meaning of the Delegated Administrative Authorities Act, 2012,

  (b)  the Corporation within the meaning of the Ontario New Home Warranties Plan Act,

   (c)  Ontario One Call,

  (d)  the Technical Standards and Safety Authority, and

  (e)  the designated wine authority within the meaning of the Vintners Quality Alliance Act, 1999; (“organisme d’application délégataire”)

   (4)  Subsection (3) applies only if section 53 of Schedule 11 to the Strong Action for Ontario Act (Budget Measures), 2012 comes into force on or before the day this Act receives Royal Assent.

   (5)  The definition of “delegated administrative authority” in subsection 2 (1) of the Act is amended by adding the following clause:

(a.1) the condominium authority within the meaning of the Condominium Act, 1998,

   (6)  The definition of “delegated administrative authority” in subsection 2 (1) of the Act is amended by adding the following clause:

(a.2) the administrative authority within the meaning of the Condominium Management Services Act, 2015,

   (7)  The definition of “head” in subsection 2 (1) of the Act is amended by striking out “and” at the end of clause (a.3) and by adding the following clause:

(a.4) in the case of a delegated administrative authority, the chair of the board of directors of the authority, and

   (8)  The definition of “institution” in subsection 2 (1) of the Act is amended by striking out “and” at the end of clause (a.2) and by adding the following clause:

(a.3) a delegated administrative authority, and

Not-for-Profit Corporations Act, 2010

   14.  (1)  Subsection 245 (2) of the Not-for-Profit Corporations Act, 2010 is repealed.

   (2)  Subsection (1) applies only if subsection 245 (2) of the Act does not come into force before the day this Act receives Royal Assent.

Ombudsman Act

   15.  Subsection 1 (1) of the Ombudsman Act is amended by adding the following definition:

“delegated administrative authority” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“organisme d’application délégataire”)

   16.  The Act is amended by adding the following section:

Head of public sector body, delegated administrative authority

   1.4  For the purposes of this Act, the head of a public sector body that is a delegated administrative authority is the chair of the board of directors of the authority.

   17.  Section 13 of the Act is amended by adding the following subsection:

Delegated administrative authorities

   (4.1)  This Act applies to delegated administrative authorities.

Ontario New Home Warranties Plan Act

   18.  The Ontario New Home Warranties Plan Act is amended by adding the following sections:

Board of Corporation

   2.1  (1)  The Lieutenant Governor in Council may appoint at pleasure one or more members to the board of directors of the Corporation as long as the members appointed by the Lieutenant Governor in Council do not constitute a majority of the board.

Composition

   (2)  The members appointed by the Lieutenant Governor in Council may include representatives of consumer groups, business, government organizations or such other interests as the Lieutenant Governor in Council determines.

Term of appointment

   (3)  The Lieutenant Governor in Council shall set out the term of appointment in the appointment of each person whom the Lieutenant Governor in Council appoints to the board.

Remuneration and expenses

   (4)  The Corporation shall provide for the payment of reasonable remuneration and expenses to the members of the board whom the Lieutenant Governor in Council appoints.

Not Crown agents

   2.2  (1)  The Corporation and its members, officers, directors, employees and agents, together with the persons whose services the Corporation retains, are not agents of the Crown and shall not hold themselves out as agents of the Crown.

Same, directors

   (2)  The directors described in subsection (1) include directors appointed by the Lieutenant Governor in Council.

.     .     .     .     .

Audit

   5.1  The accounts and financial transactions of the Corporation shall be audited annually by the Auditor General and the costs of the audit shall be paid out of the funds of the Corporation.

Ontario Underground Infrastructure Notification System Act, 2012

   19.  (1)  Section 2 of the Ontario Underground Infrastructure Notification System Act, 2012 is amended by adding the following subsections:

Members appointed by LG in C

   (4.1)  The Lieutenant Governor in Council may appoint at pleasure one or more members to the board of directors of the Corporation as long as the members appointed by the Lieutenant Governor in Council do not constitute a majority of the board.

Composition

   (4.2)  The members appointed by the Lieutenant Governor in Council may include representatives of consumer groups, business, government organizations or such other interests as the Lieutenant Governor in Council determines.

Term of appointment

   (4.3)  The Lieutenant Governor in Council shall set out the term of appointment in the appointment of each person whom the Lieutenant Governor in Council appoints to the board.

Remuneration and expenses

   (4.4)  The Corporation shall provide for the payment of reasonable remuneration and expenses to the members of the board whom the Lieutenant Governor in Council appoints.

   (2)  Subsection 2 (5) of the Act is repealed and the following substituted:

Not Crown agents

   (5)  The Corporation and its members, officers, directors, employees and agents, together with the persons whose services the Corporation retains, are not agents of the Crown and shall not hold themselves out as agents of the Crown.

Same, directors

   (5.1)  The directors described in subsection (5) include directors appointed by the Lieutenant Governor in Council.

   (3)  Section 2 of the Act is amended by adding the following subsection:

Audit

   (7)  The accounts and financial transactions of the Corporation shall be audited annually by the Auditor General and the costs of the audit shall be paid out of the funds of the Corporation.

Protecting Condominium Owners Act, 2015

   20.  (1)  Paragraph 2 of section 3 of Schedule 1 to the Protecting Condominium Owners Act, 2015 is repealed.

   (2)  Subsection (1) applies only if paragraph 2 of section 3 of Schedule 1 to the Act does not come into force before the day this Act receives Royal Assent.

   (3)  Subsection 79 (2) of Schedule 2 to the Act is repealed.

   (4)  Subsection (3) applies only if subsection 79 (2) of Schedule 2 to the Act does not come into force before the day this Act receives Royal Assent.

Public Sector Salary Disclosure Act, 1996

   21.  (1)  Subsection 2 (1) of the Public Sector Salary Disclosure Act, 1996 is amended by adding the following definition:

“delegated administrative authority” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“organisme d’application délégataire”)

   (2)  The definition of “salary” in subsection 2 (1) of the Act is amended by striking out “employee” wherever that expression appears and substituting in each case “person”.

   22.  The Act is amended by adding the following section:

Public disclosure, delegated administrative authorities

   3.1  (1)  Not later than March 31 of each year beginning with the year 2017, every delegated administrative authority shall make available for inspection by the public without charge a written record of the amount of salary and benefits that it paid in the previous year to or in respect of a person whom the Lieutenant Governor in Council appointed to the board of directors of the authority and to whom the authority paid at least $100,000 as salary.

Statement when record not required

   (2)  For any year beginning in the year 2016 in which there are no persons whom the Lieutenant Governor in Council appointed to the board of directors of a delegated administrative authority and to whom the authority paid at least $100,000 as salary, the authority shall, not later than March 31 of the following year, make available for inspection by the public without charge a written statement, certified by the highest ranking officer of the authority, that the authority paid no such persons in the year a salary of $100,000 or more.

Application of other provisions

   (3)  Subsections 3 (2), (4) and (5) and sections 4, 4.1 and 5 apply to a delegated administrative authority with necessary modifications, reading,

  (a)  references to an employer as references to the authority; and

  (b)  references to an employee as references to a person whom the Lieutenant Governor in Council appoints to the board of directors of the authority.

   23.  Paragraph 1 of subsection 7 (1) of the Act is amended by striking out “section 3 or 4.1” and substituting “section 3, 3.1 or 4.1”.

   24.  (1)  Clause 8 (1) (c) of the Act is amended by striking out “employers or classes of employers” and substituting “employers, classes of employers, delegated administrative authorities or classes of them”.

   (2)  Clause 8 (1) (d) of the Act is repealed and the following substituted:

  (d)  requiring employers or delegated administrative authorities to provide without charge to any ministry or ministries of the Crown the record or statement mentioned in section 3 or 3.1 respectively;

Safety and Consumer Statutes Administration Act, 1996

   25.  (1)  The following provisions of section 8 of the Safety and Consumer Statutes Administration Act, 1996 are amended by striking out “Minister” wherever that expression appears and substituting in each case “Lieutenant Governor in Council”:

    1.  Subsection (1).

    2.  Subsection (3).

    3.  Subsection (4).

   (2)  Subsection 8 (2) of the Act is repealed and the following substituted:

Composition

   (2)  The members appointed by the Lieutenant Governor in Council may include representatives of consumer groups, business, government organizations or such other interests as the Lieutenant Governor in Council determines.

   (3)  Section 8 of the Act is amended by adding the following subsection:

Transition

   (7)  The appointment of all members that the Minister has appointed to the board of a designated administrative authority before the day the Delegated Administrative Authorities Accountability and Transparency Act, 2016 received Royal Assent is revoked 30 days after that day.

   26.  Subsection 10 (2) of the Act is amended by striking out “by the Minister” at the end and substituting “under section 8”.

   27.  The Act is amended by adding the following section:

Audit

   13.1  The accounts and financial transactions of a designated administrative authority shall be audited annually by the Auditor General and the costs of the audit shall be paid out of the funds of the authority.

   28.  Sections 25, 26 and 27 apply only if section 53 of Schedule 11 to the Strong Action for Ontario Act (Budget Measures), 2012 does not come into force before the day this Act receives Royal Assent.

Strong Action for Ontario (Budget Measures) Act, 2012

   29.  (1)  Subsection 43 (2) of Schedule 11 to the Strong Action for Ontario (Budget Measures) Act, 2012 is repealed.

   (2)  Subsection (1) applies only if subsection 43 (2) of Schedule 11 to the Act does not come into force before the day this Act receives Royal Assent.

Technical Standards and Safety Act, 2000

   30.  Subsection 3.3 (2) of the Technical Standards and Safety Act, 2000 is amended by striking out “by the Minister” at the end and substituting “under subsection 3.7 (3)”.

   31.  (1)  Subsection 3.7 (2) of the Act is repealed and the following substituted:

Composition

   (2)  The board of directors shall consist of 13 members unless the number is changed by order of the Lieutenant Governor in Council under clause (8) (a).

   (2)  The following provisions of section 3.7 of the Act are amended by striking out “Minister” wherever that expression appears and substituting in each case “Lieutenant Governor in Council”:

    1.  Subsection (3).

    2.  Subsection (4).

    3.  Subsection (5).

    4.  Subsection (7).

    5.  Subsection (9).

   (3)  Subsection 3.7 (6) of the Act is repealed and the following substituted:

Number of appointed directors

   (6)  Subject to subsection (3), the number of directors appointed by the Lieutenant Governor in Council shall be established by order of the Lieutenant Governor in Council.

   (4)  Subsection 3.7 (8) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Change in number of directors

   (8)  Subject to subsection (3), the Lieutenant Governor in Council may, by order, increase or decrease,

.     .     .     .     .

   (5)  The English version of clause 3.7 (8) (b) of the Act is amended by striking out “Minister” at the end and substituting “Lieutenant Governor in Council”.

   (6)  Section 3.7 of the Act is amended by adding the following subsection:

Transition

   (12)  The appointment of all members that the Minister has appointed to the board before the day the Delegated Administrative Authorities Accountability and Transparency Act, 2016 received Royal Assent is revoked 30 days after that day.

   32.  Subsection 3.22 (1) of the Act is repealed and the following substituted:

Audit

   (1)  The accounts and financial transactions of the Corporation shall be audited annually by the Auditor General and the costs of the audit shall be paid out of the funds of the Corporation.

Vintners Quality Alliance Act, 1999

   33.  Section 2 of the Vintners Quality Alliance Act, 1999 is amended by adding the definition:

“designated wine authority” means the wine authority designated under subsection 3 (1); (“office des vins désigné”)

   34.  Subsection 3 (3) of the Act is amended by striking out “The wine authority designated under subsection (1)” at the beginning and substituting “The designated wine authority”.

   35.  The Act is amended by adding the following sections:

Board of designated wine authority

   3.1  (1)  The Lieutenant Governor in Council may appoint at pleasure one or more members to the board of directors of the designated wine authority as long as the members appointed by the Lieutenant Governor in Council do not constitute a majority of the board.

Composition

   (2)  The members appointed by the Lieutenant Governor in Council may include representatives of consumer groups, business, government organizations or such other interests as the Lieutenant Governor in Council determines.

Term of appointment

   (3)  The Lieutenant Governor in Council shall set out the term of appointment in the appointment of each person whom the Lieutenant Governor in Council appoints to the board.

Remuneration and expenses

   (4)  The designated wine authority shall provide for the payment of reasonable remuneration and expenses to the members of the board whom the Lieutenant Governor in Council appoints.

Not Crown agents

   3.2  (1)  The designated wine authority and its members, officers, directors, employees and agents, together with the persons whose services the authority retains, are not agents of the Crown and shall not hold themselves out as agents of the Crown.

Same, directors

   (2)  The directors described in subsection (1) include directors appointed by the Lieutenant Governor in Council.

Audit

   3.3  The accounts and financial transactions of the designated wine authority shall be audited annually by the Auditor General and the costs of the audit shall be paid out of the funds of the authority.

Commencement and Short Title

Commencement

   36.  (1)  Subject to subsections (2) to (10), this Act comes into force on the day it receives Royal Assent.

Same

   (2)  Sections 1, 2, 3 and 4 and subsection 13 (5) come into force on the later of the day section 2 of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force and the day this Act receives Royal Assent.

Same

   (3)  Section 5 comes into force on the later of the day section 11 of Schedule 2 to the Protecting Condominium Owners Act, 2015 comes into force and the day this Act receives Royal Assent.

Same

   (4)  Section 6 comes into force on the later of the day section 12 of Schedule 2 to the Protecting Condominium Owners Act, 2015 comes into force and the day this Act receives Royal Assent.

Same

   (5)  Section 7 comes into force on the later of the day subsection 15 (2) of Schedule 2 to the Protecting Condominium Owners Act, 2015 comes into force and the day this Act receives Royal Assent.

Same

   (6)  Section 8 comes into force on the later of the day subsection 22 (1) of Schedule 2 to the Protecting Condominium Owners Act, 2015 comes into force and the day this Act receives Royal Assent.

Same

   (7)  Section 9 comes into force on the later of the day section 24 of Schedule 11 to the Strong Action for Ontario Act (Budget Measures), 2012 comes into force and the day this Act receives Royal Assent.

Same

   (8)  Section 10 comes into force on the later of the day section 25 of Schedule 11 to the Strong Action for Ontario Act (Budget Measures), 2012 comes into force and the day this Act receives Royal Assent.

Same

   (9)  Section 11 comes into force on the later of the day subsection 30 (2) of Schedule 11 to the Strong Action for Ontario Act (Budget Measures), 2012 comes into force and the day this Act receives Royal Assent.

Same

   (10)  Subsection 13 (6) comes into force on the later of the day section 2 of Schedule 2 to the Protecting Condominium Owners Act, 2015 comes into force and the day this Act receives Royal Assent.

Short title

   37.  The short title of this Act is the Delegated Administrative Authorities Accountability and Transparency Act, 2016.

 

EXPLANATORY NOTE

Currently under the Condominium Act, 1998, the Condominium Management Services Act, 2015, the Delegated Administrative Authorities Act, 2012 and the Safety and Consumer Statutes Administration Act, 1996, the Lieutenant Governor in Council can delegate the administration of the Act or certain specified Acts to an administrative authority. In addition, under each of the Ontario New Home Warranties Plan Act, the Ontario Underground Infrastructure Notification System Act, 2012, the Technical Standards and Safety Act, 2000 and the Vintners Quality Alliance Act, 1999, there is an administrative authority responsible for administering the Act. The Bill deals with all of those administrative authorities. Currently the Minister responsible for administering each Act can appoint one or more members to the board of directors of the administrative authority. The Bill transfers that power to the Lieutenant Governor in Council. The Bill also requires that the Auditor General do an annual audit of the accounts and financial transactions of each administrative authority.

The Bill amends the Freedom of Information and Protection of Privacy Act to make administrative authorities institutions that are subject to the Act.

The Bill makes the Ombudsman Act and the disclosure requirements in the Public Sector Salary Disclosure Act, 1996 applicable to administrative authorities.

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