Bill 8, Public Sector and MPP Accountability and Transparency Act, 2014

Matthews, Hon Deborah President of the Treasury Board

Current Status: Royal Assent received Chapter Number: S.O. 2014 C.13

Viewing: Royal Assent (current version) pdf

Bill 8                                                            2014

An Act to promote public sector and MPP accountability and transparency by enacting the Broader Public Sector Executive Compensation Act, 2014 and amending various Acts

CONTENTS

 

1.

2.

3.

Schedule 1

Schedule 2

Schedule 3

Schedule 4

Schedule 5

Schedule 6

Schedule 7

Schedule 8

Schedule 9

Schedule 10

Schedule 11

Contents of this Act

Commencement

Short title

Broader Public Sector Executive Compensation Act, 2014

Amendments to the Ambulance Act

Amendments to the Broader Public Sector Accountability Act, 2010

Amendments to the Cabinet Ministers’ and Opposition Leaders’ Expenses Review and Accountability Act, 2002 and Related Amendments

Amendments to the Excellent Care for All Act, 2010

Amendments to the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act

Amendments to the Legislative Assembly Act

Amendments to the Lobbyists Registration Act, 1998

Amendments to the Ombudsman Act and Related Amendments

Amendments to the Provincial Advocate for Children and Youth Act, 2007

Amendments to the Public Sector Expenses Review Act, 2009

______________

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

Contents of this Act

   1.  This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

   2.  (1)  Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Same

   (2)  The Schedules to this Act come into force as provided in each Schedule.

Same

   (3)  If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

   3.  The short title of this Act is the Public Sector and MPP Accountability and Transparency Act, 2014.

 

Schedule 1
Broader Public Sector Executive Compensation Act, 2014

CONTENTS

Interpretation

 1.

 2.

Definitions

Purpose

Application

 3.

 4.

 5.

Application to employers

Designated executives

Compensation information

Compensation Frameworks

 6.

 7.

 8.

 9.

10.

11.

Compensation frameworks

Effect of frameworks

New hire

Existing employees and office holders

Change of position

Restructuring, etc.

Compliance, Enforcement, etc.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

Compliance reports

Audit

Obligation

Overpayments

Offence

Rights not reduced

No constructive dismissal

No expropriation or injurious affection

No cause of action re enactment of Act, etc.

Rights preserved

Not entitled to be compensated

Conflict with this Act

No deemed employment relationship

Miscellaneous

25.

26.

Directives

Regulations

Commencement and Short Title

27.

28.

Commencement

Short title

______________

Interpretation

Definitions

   1.  (1)  In this Act,

“cash compensation” means compensation that is the sum of salary and non-discretionary and discretionary payments, including, but not limited to, performance pay, incentive pay, bonuses and allowances; (“rémunération en espèces”)

“compensation” means anything paid or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle him or her to be paid, and includes salary, benefits, perquisites and all forms of non-discretionary and discretionary payments; (“rémunération”)

“compensation framework” means a compensation framework established by the regulations under section 6; (“cadre de rémunération”)

“compensation plan” means the provisions, however established, for the determination and administration of a person’s compensation; (“régime de rémunération”)

“designated employer” means an employer to which this Act applies under section 3; (“employeur désigné”)

“designated executive” means an employee or office holder referred to in subsection 4 (1) or (2); (“cadre désigné”)

“directive” means a directive made under this Act; (“directive”)

“Minister” means the minister to whom the administration of this Act is assigned under the Executive Council Act, except in sections 13 and 15, where it means the minister whose ministry funds, oversees or otherwise usually deals with the relevant designated employer; (“ministre”)

“prescribed” means prescribed in the regulations; (“prescrit”)

“regulations” means regulations made under this Act. (“règlements”)

Interpretation re Crown agent

   (2)  Nothing in this Act makes an organization a Crown agent where that organization would not otherwise be a Crown agent.

Purpose

   2.  The purpose of this Act is to manage executive compensation in the broader public sector by authorizing the establishment of compensation frameworks applicable to designated employers and designated executives.

Application

Application to employers

   3.  (1)  This Act applies to the following employers:

    1.  Every hospital within the meaning of the Public Hospitals Act and the University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa.

    2.  Every board within the meaning of the Education Act.

    3.  Every university in Ontario and every college of applied arts and technology and post-secondary institution in Ontario whether or not affiliated with a university, the enrolments of which are counted for purposes of calculating annual operating grants and entitlements.

    4.  Hydro One Inc. and each of its subsidiaries.

    5.  Independent Electricity System Operator.

    6.  Ontario Power Authority.

    7.  Ontario Power Generation Inc. and each of its subsidiaries.

    8.  Every community care access corporation within the meaning of the Community Care Access Corporations Act, 2001.

    9.  Every body prescribed as a public body under the Public Service of Ontario Act, 2006 that is not also prescribed as a Commission public body under that Act.

  10.  The corporation known as Ornge, incorporated under the Canada Corporations Act on October 8, 2004 as Ontario Air Ambulance Services Co.

  11.  Subject to subsection (2), every other authority, board, commission, committee, corporation, council, foundation or organization that may be prescribed for the purposes of this section.

Non-application

   (2)  This Act does not apply to the following employers:

    1.  A municipality.

    2.  A local board as defined in subsection 1 (1) of the Municipal Act, 2001.

    3.  Every authority, board, commission, corporation, office or organization of persons a majority of whose members, directors or officers are appointed or chosen by or under the authority of the council of a municipality.

    4.  Unless otherwise specifically provided for in the regulations, an organization that undertakes its activities for the purpose of profit to its shareholders.

Designated executives

   4.  (1)  The provisions of this Act applying to designated executives apply to employees and office holders of designated employers who meet both of the following qualifications:

    1.  The employee or office holder,

            i.  is the head of the designated employer, regardless of whether the title of the position or office is chief executive officer, president or something else,

           ii.  is a vice president, chief administrative officer, chief operating officer, chief financial officer or chief information officer of the designated employer or holds any other executive position or office with the designated employer, regardless of the title of the position or office, or

          iii.  is the director of education or a supervisory officer of a designated employer that is a board within the meaning of the Education Act.

    2.  Under his or her compensation plan, the employee or office holder is entitled to receive or could potentially receive annual cash compensation of $100,000 or more in a calendar year. For the purpose of this paragraph, if the employee or office holder works only a portion of a year, his or her cash compensation for the whole year shall be calculated as if he or she were entitled to receive or could potentially receive cash compensation for the remainder of the year at the same rate or level.

Additional designated executives

   (2)  The Lieutenant Governor in Council may make regulations designating as designated executives other employees and office holders who hold executive positions or offices with one or more designated employers, and where the Lieutenant Governor in Council has done so, the provisions of this Act applying to designated executives also apply to those executives and office holders.

Employer of office holders

   (3)  A reference in this Act to the employer of an office holder is a reference to the employer to which the office holder is appointed, and the use of this terminology is not intended to create a deemed employment relationship between them for the purposes of this or any other Act or any law.

Exception re collective bargaining

   (4)  Despite subsections (1) and (2), the provisions of this Act applying to designated executives do not apply to an employee or office holder who is represented by any of the following organizations which represent two or more employees for the purpose of collectively bargaining terms and conditions of employment relating to compensation with their employer:

    1.  An organization that engages in collective bargaining under the Labour Relations Act, 1995, the School Boards Collective Bargaining Act, 2014, the Crown Employees Collective Bargaining Act, 1993 or the Colleges Collective Bargaining Act, 2008.

    2.  An organization that, before the date this Act applied to the employer, collectively bargained with the employer terms and conditions of employment relating to compensation that were implemented before that date.

    3.  An organization that, before the date this Act applied to the employer, had an established procedure for collectively bargaining with the employer terms and conditions of employment relating to compensation.

    4.  Any other organization provided for in the regulations.

Compensation information

   5.  (1)  The Management Board of Cabinet may issue directives to designated employers requiring the employer to provide information that the Board considers appropriate relating to compensation and any other payments that designated executives and other employees and office holders of the employer may be entitled to.

Same

   (2)  Without restricting the generality of subsection (1), a directive may include requirements to provide information with respect to,

  (a)  salaries, salary ranges, benefits, perquisites, discretionary and non-discretionary payments, payments payable on or in connection with termination, performance plans, incentive plans, bonus plans, allowances and any other form of remuneration;

  (b)  agreements between an employer and one or more employees or office holders relating to anything mentioned in clause (a);

   (c)  compensation policies, plans, guidelines and programs; and

  (d)  compensation studies.

Deemed compliance FOI Acts

   (3)  Any disclosure of personal information made by a designated employer in compliance with a directive shall be deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act and clause 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act.

Confidentiality

   (4)  Where an organization that has provided information described in subsection (1)  meets both of the conditions set out in paragraphs 1 and 2, the Minister and any other person or entity in receipt of the information shall maintain the information in confidence, and shall not disclose this information except in accordance with a directive of the Management Board of Cabinet:

    1.  The organization is not an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.

    2.  The organization,

            i.  is an organization that undertakes its activities for the purpose of  profit to its shareholders, or

           ii.  is a publicly funded organization that received public funds, within the meaning of the Broader Public Sector Accountability Act, 2010, of less than $10,000,000 in the previous fiscal year of the Government of Ontario.

Directives

   (5)  The Management Board of Cabinet may issue directives authorizing the disclosure of information described in subsection (1) to,

  (a)  a minister of the Crown;

  (b)  a person employed in the office of a minister;

   (c)  a person employed under Part III of the Public Service of Ontario Act, 2006; or

  (d)  a consultant or advisor retained to provide advice or services in relation to compensation matters.

Prevails over FIPPA

   (6)  Subsections (4) and (5) prevail over the Freedom of Information and Protection of Privacy Act.

Compensation Frameworks

Compensation frameworks

   6.  (1)  The Lieutenant Governor in Council may make regulations establishing one or more compensation frameworks governing designated employers and designated executives.

Scope of frameworks

   (2)  Without restricting the generality of subsection (1), regulations under this section may be general or specific in application, and may apply,

  (a)  to all designated employers and designated executives;

  (b)  to classes of designated employers and classes of designated executives;

   (c)  to specific employers and specific designated executives; or

  (d)  any combination of anybody mentioned in clauses (a) to (c).

Nature of framework

   (3)  A compensation framework may govern the compensation that may be provided by a designated employer to a designated executive and, without limiting the generality of the foregoing, may provide for and limit the compensation and payments and elements of compensation and payments that may be provided to designated executives, including salaries, salary ranges, benefits, perquisites, discretionary and non-discretionary payments, payments payable on or in connection with termination, performance plans, incentive plans, bonus plans, allowances and any other form of remuneration.

Effect of frameworks

When effective

   7.  (1)  A compensation framework applicable to a designated employer and its designated executives is effective as of the date or dates provided for in the regulations, and the regulations may provide for different effective dates for,

  (a)  different designated employers or classes of designated employers; and

  (b)  different designated executives or classes of designated executives.

Must comply

   (2)  Subject to section 9, a designated employer to which a compensation framework applies shall comply with the terms of the compensation framework and, without limiting the generality of the foregoing, shall not, with respect to any element of compensation addressed in the framework, provide compensation to a designated executive to whom the compensation framework applies that is greater than that authorized in the framework.

Effect on executive

   (3)  Subject to section 9, a designated executive to whom a compensation framework applies is not entitled to receive compensation in excess of the amounts authorized in the compensation framework in respect of any element of compensation addressed in the compensation framework.

Effect on agreements

   (4)  Subject to section 9, any provision in an agreement between a designated employer and a designated executive that authorizes or requires an amount to be paid in excess of the limits set out in the applicable compensation framework is void and unenforceable to the extent of the conflict.

Broader Public Sector Accountability Act, 2010

   (5)  As of the date that any compensation framework becomes effective with respect to a designated employer to whom Part II.1 of the Broader Public Sector Accountability Act, 2010 would otherwise apply, that Part ceases to apply to that designated employer and its designated executives and to any other employees and office holders of that designated employer.

New hire

   8.  If a person becomes a designated executive on or after the effective date of the applicable compensation framework, his or her compensation plan must not provide for compensation greater than that authorized under the applicable compensation framework.

Existing employees and office holders

   9.  (1)  Subject to subsection (2), where a person is a designated executive immediately before the effective date of the applicable compensation framework and continues to be employed in the same position or office, whether under the same contract or agreement or through a renewal of an existing contract or agreement, the following applies:

    1.  Subject to paragraph 2, his or her compensation plan that is in effect immediately before the effective date of the applicable compensation framework remains in effect, even if an element of compensation is greater than that authorized under the applicable compensation framework.

    2.  Any increase in an element of compensation that is provided for in his or her compensation plan, but that has not been implemented on or before the effective date, is not valid or payable to the extent that it is not in accordance with the applicable compensation framework.

After third anniversary

   (2)  Despite paragraph 1 of subsection (1), after the third anniversary of the effective date of the applicable compensation framework, any element of compensation in the compensation plan of a designated executive described in subsection (1) that is greater than that authorized under the applicable compensation framework is not valid or payable to the extent that it is not in accordance with the applicable compensation framework, regardless of when the contract or agreement was entered into.

Anti-avoidance

   (3)  A designated employer shall not provide new or additional compensation to a designated executive to offset any compensation not received as a result of this section.

Change of position

   10.  If a designated executive employed by or holding an office with a designated employer immediately before the effective date of the applicable compensation framework accepts a new position or office with a designated employer but continues to be a designated executive, his or her new compensation plan must not provide for compensation greater than that authorized under the applicable compensation framework.

Restructuring, etc.

   11.  A designated employer shall not alter the title of a position or office or carry out any other restructuring or amend any compensation plan applicable to a designated executive,

  (a)  for the purposes of circumventing any of the parameters or limits set out in a compensation framework; or

  (b)  so as to result in a compensation framework not applying to one or more designated executives to whom the compensation framework would otherwise have applied, unless the title alteration or other restructuring or change to compensation plan is carried out solely for a bona fide purpose other than to prevent a compensation framework from applying to one or more designated executives.

Compliance, Enforcement, etc.

Compliance reports

   12.  (1)  The Minister may issue directives requiring designated employers to submit reports concerning compliance with compensation frameworks and providing for the information to be contained in such reports.

Signature

   (2)  Each report must include a statement signed by the designated employer’s highest ranking officer attesting whether the employer has complied with any applicable compensation frameworks.

Audit

   13.  (1)  The Minister may appoint a public accountant licensed under the Public Accounting Act, 2004 to audit the records of a designated employer for the purpose of determining whether the compensation provided to a designated executive complies with the applicable compensation framework.

Co-operation by employer

   (2)  A designated employer shall co-operate fully with the person performing the audit to facilitate the audit.

No notice to individual required

   (3)  Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply with respect to any personal information disclosed or collected under the authority of an audit.

Results submitted to minister

   (4)  The auditor shall submit the results of the audit to the Minister within the time specified by the Minister in the appointment.

Obligation

   14.  Every obligation of a designated employer under this Act is deemed to be an obligation it is required to comply with under the terms of every agreement or other funding arrangement between the designated employer and the Government of Ontario or between the designated employer and an agency of the Government of Ontario.

Overpayments

   15.  (1)  Every payment by a designated employer to a designated executive that exceeds what is authorized under this Act is an overpayment.

Notice of overpayment

   (2)  The Minister may give a designated employer notice in writing of a determination that an overpayment exists and requiring the designated employer to pay an amount not exceeding the amount of the overpayment to the Crown in the time specified in the notice.

Effect of failure to pay

   (3)  If a designated employer fails to pay to the Crown the amount set out in the notice within the period specified by the Minister under subsection (2), the amount shall be deemed to be a debt due to the Crown.

Recovery, Minister from designated employer

   (4)  The Minister may recover the debt to the Crown created by subsection (3) from the designated employer,

  (a)  by reducing the amount of any future grant or transfer payment from the Crown to the designated employer or the amount payable under any other funding arrangement between the Crown and the designated employer; or

  (b)  by any remedy or procedure available to the Crown by law to enforce the payment of a debt.

Debt to employer

   (5)  An overpayment to which this section applies is a debt to the designated employer that made the overpayment from the designated executive to whom it was made, and may be recovered by the designated employer by any remedy or procedure available to it by law to enforce the payment of a debt.

Public to be protected

   (6)  The designated employer shall endeavour to minimize any impact of the application of this section on its provision of services to the public.

Offence

   16.  (1)  No person who is required under this Act to provide a report, statement or attestation shall,

  (a)  wilfully fail to provide a report, statement or attestation; or

  (b)  wilfully make a false report, statement or attestation.

Same

   (2)  No person shall wilfully obstruct an auditor appointed under section 13 in the performance of his or her audit.

Penalty

   (3)  Every person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine not exceeding $5,000.

Rights not reduced

   17.  Nothing in this Act or in its regulations or directives shall be interpreted or applied so as to reduce a right or entitlement under,

  (a)  the Human Rights Code;

  (b)  section 42 or 44 of the Employment Standards Act, 2000; or

   (c)  the Pay Equity Act.

No constructive dismissal

   18.  (1)  An employer shall not be considered to have constructively dismissed an employee under clause 56 (1) (b) or 63 (1) (b) of the Employment Standards Act, 2000 or under the common law as a result of having done anything required by this Act or the regulations or as a result of not having done anything prohibited by this Act or the regulations.

Same

   (2)  Nothing in subsection (1) shall be read as suggesting that an employer’s compliance with the law can be the basis for a finding of constructive dismissal.

No expropriation or injurious affection

   19.  Nothing done or not done in accordance with this Act or a regulation or directive constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.

No cause of action re enactment of Act, etc.

   20.  (1)  No cause of action arises against the Crown or any of the Crown’s ministers, agents, appointees and employees or against a designated employer including the employees, officers, directors, members or governing body of a designated employer,

  (a)  as a direct or indirect result of the enactment or repeal of any provision of this Act;

  (b)  as a direct or indirect result of the making, amending or revoking of any provision of a regulation or directive; or

   (c)  as a direct or indirect result of anything done or not done in order to comply with this Act or a regulation or directive, including any denial or reduction of compensation that would otherwise have been payable to any person.

Same

   (2)  Without limiting the generality of subsection (1), that subsection applies to an action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief or any form of damages or any other remedy or relief, or a claim to be compensated for any losses, including loss of earnings, loss of revenue or loss of profit.

Proceedings barred

   (3)  No proceeding, including but not limited to any proceeding in contract, restitution, tort, trust, fiduciary obligation or otherwise, that is directly or indirectly based on or related to anything referred to in clause (1) (a), (b) or (c) may be brought or maintained against the Crown or any of the Crown’s ministers, agents, appointees and employees or against a designated employer including the employees, officers, directors, members or governing body of a designated employer.

Rights preserved

   21.  Nothing in this Act prevents the Attorney General from bringing an application or commencing proceedings to require a designated employer to comply with this Act or a regulation or directive, or from commencing a prosecution under section 16.

Not entitled to be compensated

   22.  Despite any other Act or law, no person is entitled to be compensated for any loss or damages, including loss of revenues, loss of profit or loss of expected earnings or denial or reduction of compensation that would otherwise have been payable to any person, arising from the enactment or application of this Act or anything done in accordance with this Act, the regulations or directives.

Conflict with this Act

   23.  (1)  This Act prevails over any provision of a compensation plan and, if there is a conflict between this Act and a compensation plan, the compensation plan is inoperative to the extent of the conflict.

Same

   (2)  This Act prevails over any other Act and over any regulation, by-law or other statutory instrument, and for greater certainty, prevails over subsection 7.17 (2) of the Broader Public Sector Accountability Act, 2010.

No deemed employment relationship

   24.  Nothing in this Act changes the status of a designated employer as the employer of designated executives and the implementation of a compensation framework does not create an employment relationship between the Crown and employees or office holders of designated employers or a deemed employment relationship between them for the purposes of this or any other Act or any law.

Miscellaneous

Directives

   25.  (1)  Every designated employer to which a directive under this Act applies shall comply with it.

General or particular

   (2)  A directive may be general or particular in its application, and may provide for different classes or categories.

Form, manner, timing

   (3)  A directive may provide for the form and manner in which it is to be complied with, and the time frame within which it is to be complied.

No notice to individual required

   (4)  Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply with respect to any personal information disclosed or collected under the authority of a directive.

Public inspection

   (5)  The Minister shall ensure that the directives are readily available for inspection by the public by posting them on a public website.

Non-application of Legislation Act, 2006, Part III

   (6)  Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to directives.

Regulations

   26.  (1)  The Lieutenant Governor in Council may make regulations for carrying out the purposes and provisions of this Act.

Same

   (2)  Without restricting the generality of subsection (1), the Lieutenant Governor in Council may make regulations,

  (a)  providing for any matter that this Act refers to as being provided for, prescribed or specified in the regulations;

  (b)  defining, for the purposes of this Act and its regulations, any word or expression used in this Act that has not already been expressly defined in this Act.

Commencement and Short Title

Commencement

   27.  The Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   28.  The short title of the Act set out in this Schedule is the Broader Public Sector Executive Compensation Act, 2014.

 

Schedule 2
Amendments to the Ambulance Act

   1.  Subsection 1 (1) of the Ambulance Act is amended by adding the following definitions:

“board of directors”, with regard to a designated air ambulance service provider, means the board of directors or other governing body, however described or constituted; (“conseil d’administration”)

“designated air ambulance service provider” means a person,

  (a)  that is designated in the regulations, and

  (b)  at the time of designation holds a certificate under section 8 that refers to the provision of air ambulance services; (“fournisseur désigné de services d’ambulance aériens”) 

   2.  (1)  The Act is amended by adding the following Part:

pART IV.2
Designated AIR AMBULANCE SERVICE PROVIDERS

Appointment to board of directors

   7.1  (1)  On the recommendation of the Minister, and despite the Corporations Act or any other Act or law, the Lieutenant Governor in Council may appoint one or more provincial representatives to sit on the board of directors of a designated air ambulance service provider.

Rights and responsibilities

   (2)  Unless otherwise provided in his or her instrument of appointment or in the regulations, a provincial representative appointed under subsection (1) has the same rights and responsibilities as an elected member of the board of directors.

Directives by Minister

   7.2  (1)  The Minister may issue directives to a designated air ambulance service provider where the Minister considers it to be in the public interest to do so.

Directives to be followed

   (2)  A designated air ambulance service provider shall carry out every directive of the Minister.

Deemed provisions

   7.3  The regulations may provide for one or more provisions that are deemed to be included in an agreement between Ontario and a designated air ambulance service provider, whether the agreement was entered into before or after the regulation was made and, where the regulations so provide, the provision or provisions are deemed to be part of the agreement for all purposes.

Special investigators

   7.4  (1)  Where the Lieutenant Governor in Council considers it in the public interest to do so, the Lieutenant Governor in Council may appoint one or more persons as special investigators to investigate and report on,

  (a)  the quality of the administration and management of a designated air ambulance service provider;

  (b)  the quality of the care and treatment provided by a designated air ambulance service provider;

   (c)  the services provided by a designated air ambulance service provider; or

  (d)  any other matter relating to a designated air ambulance service provider.

Powers

   (2)  A special investigator appointed under this section,

  (a)  has the powers of an investigator for the purposes of section 18 and any other provision of this Act and the regulations, and may exercise those powers in connection with all aspects of the operation of a designated air ambulance service provider; and

  (b)  has any additional powers and duties provided for in the regulations.

Obstruction

   (3)  No person shall obstruct a special investigator or withhold or destroy, conceal or refuse to furnish any information or thing required by the special investigator for the purposes of the investigation.

Report

   (4)  Upon completion of an investigation, a special investigator shall make a report in writing to the Minister.

Delivery of report

   (5)  The Minister shall cause a copy of the report of an investigation to be delivered to the chair of the board of directors of the designated air ambulance service provider.

Air ambulance supervisor

   7.5  (1)  On the recommendation of the Minister, the Lieutenant Governor in Council may appoint a person to be the supervisor of a designated air ambulance service provider where the Lieutenant Governor in Council considers it in the public interest to do so.

Notice of appointment

   (2)  The Minister shall give the board of directors of a designated air ambulance service provider at least 14 days notice before recommending to the Lieutenant Governor in Council that a supervisor be appointed.

Immediate appointment if no quorum

   (3)  Subsection (2) does not apply if there are not enough members on the board of directors of a designated air ambulance service provider to form a quorum.

Immediate appointment in urgent circumstances

   (4)  Subsection (2) does not apply where the Minister is of the opinion that it is not appropriate to provide notice under that subsection in light of a serious risk to patient safety or other urgent concern related to the designated air ambulance service provider.

Term of office

   (5)  The appointment of a supervisor is valid until terminated by order of the Lieutenant Governor in Council. 

Powers of supervisor

   (6)  Unless the appointment provides otherwise, a supervisor has the exclusive right to exercise all of the powers of the board of directors of the designated air ambulance service provider and, where the designated air ambulance service provider is a corporation, of the corporation, its officers and members of the corporation.

Same

   (7)  The Lieutenant Governor in Council may specify the powers and duties of a supervisor appointed under this section and may provide for the terms and conditions governing those powers and duties.

Additional powers of supervisor

   (8)  If, under the order of the Lieutenant Governor in Council, the board of directors of a designated air ambulance service provider continues to have the right to act with regard to any matters, any such act of the board of directors is valid only if approved in writing by the supervisor.

Right of access

   (9)  A supervisor has the same rights as the board of directors and the officers of the designated air ambulance service provider in respect of the documents, records and information of the board of directors and the designated air ambulance service provider.

Report to Minister

   (10)  A supervisor shall report to the Minister as required by the Minister.

Minister’s directives

   (11)  The Minister may issue directives to a supervisor with regard to any matter within the jurisdiction of the supervisor.

Directives to be followed

   (12)  A supervisor shall carry out every directive of the Minister. 

Public interest

   7.6  In making a decision in the public interest under this Part, the Lieutenant Governor in Council or the Minister, as the case may be, may consider any matter they regard as relevant, including, without limiting the generality of the foregoing,

  (a)  the quality of the administration and management of the designated air ambulance service provider;

  (b)  the proper management of the health care system in general;

   (c)  the availability of financial resources for the management of the health care system and for the delivery of air ambulance services;

  (d)  the accessibility of air ambulance services in the Province; and

  (e)  the quality of the care and treatment provided by the designated air ambulance service provider.

Whistle-blowing protection

   7.7  (1)  No person shall retaliate against another person, whether by action or omission, or threaten to do so because,

  (a)  anything has been disclosed to an inspector, investigator or special investigator in connection with a designated air ambulance service provider;

  (b)  anything has been disclosed to the Ministry in connection with a designated air ambulance service provider including, without limiting the generality of the foregoing,

           (i)  if the Ministry has been advised of a breach of a requirement under this Act in connection with a designated air ambulance service provider,

          (ii)  if the Ministry has been advised of any matter concerning patient care provided by a designated air ambulance service provider that the person advising believes ought to be reported to the Ministry, or

         (iii)  if the Ministry has been advised of any other matter concerning the operation of a designated air ambulance service provider that the person advising believes ought to be reported to the Ministry; or

   (c)  evidence relating to a designated air ambulance service provider has been or may be given in a proceeding, including a proceeding in respect of the enforcement of this Act or the regulations, or in an inquest under the Coroners Act.

Interpretation, retaliate

   (2)  Without in any way restricting the meaning of the word “retaliate”, the following constitute retaliation for the purposes of subsection (1):

    1.  Dismissing a staff member.

    2.  Disciplining or suspending a staff member.

    3.  Imposing a penalty upon any person.

    4.  Intimidating, coercing or harassing any person.

May not discourage reporting

   (3)  None of the following persons shall do anything that discourages, is aimed at discouraging or that has the effect of discouraging a person from doing anything mentioned in clauses (1) (a) to (c):

    1.  A designated air ambulance service provider.

    2.  If the designated air ambulance service provider is a corporation, an officer or director of the corporation.

    3.  A staff member of a designated air ambulance service provider.

May not encourage failure to report

   (4)  No person mentioned in paragraphs 1 to 3 of subsection (3) shall do anything to encourage a person to fail to do anything mentioned in clauses (1) (a) to (c).

Protection from legal action

   (5)  No action or other proceeding shall be commenced against any person for doing anything mentioned in clauses (1) (a) to (c) unless the person acted maliciously or in bad faith.

   (2)  Subsection 7.1 (1) of the Act, as enacted by subsection (1), is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.

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

Certain continued bodies

   20.  (1)  Where a provider of air ambulance services that is a body corporate incorporated under the laws of any jurisdiction other than Ontario is continued as a corporation under the Corporations Act, the following shall apply to the continued body corporate (the “continued corporation”) from the date of continuance:

    1.  The property of the body corporate continues to be the property of the continued corporation.

    2.  The continued corporation continues to be liable for the obligations of the body corporate.

    3.  An existing cause of action, claim or liability to prosecution is unaffected.

    4.  Any civil, criminal, administrative, investigative or other action or proceeding pending by or against the body corporate may be continued by or against the continued corporation.

    5.  Any conviction against, or ruling, order or judgment in favour of or against the body corporate may be enforced by or against the continued corporation.

Same

   (2)  Nothing in subsection (1) derogates from the application of section 314 of the Corporations Act or from the application of any other provision of that Act.

   4.  Subsection 22 (1) of the Act is amended by adding the following clauses:

(b.1) designating persons for the purposes of clause (a) of the definition of “designated air ambulance service provider” in subsection 1 (1);

(b.2) respecting the powers and duties of special investigators in connection with designated air ambulance service providers, including providing for additional powers and duties;

(b.3) respecting and governing provisions that are to be deemed to be included in an agreement between Ontario and a designated air ambulance service provider;

(b.4) respecting the appointment and the rights and responsibilities of provincial representatives appointed under section 7.1;

(b.5) respecting performance standards and performance measures for designated air ambulance service providers and requiring compliance with those standards and performance measures;

(b.6) requiring designated air ambulance service providers to enact by-laws and respecting the content of the by-laws of designated air ambulance service providers;

(b.7) respecting provisions to be contained in the articles or letters patent of a designated air ambulance service provider that has Ontario articles, letters patent or letters patent of continuance, and requiring designated air ambulance service providers to include such provisions in their articles or letters patent;

(b.8) respecting the governance and management of designated air ambulance service providers;

   5.  (1)  Subsection 23 (2) of the Act is amended by striking out “an inspector or investigator” and substituting “an inspector or investigator or a special investigator”.

   (2)  Subsection 23 (3) of the Act is amended by striking out “an inspector or investigator” and substituting “an inspector or investigator or a special investigator”.

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

Protection from liability, etc.

   25.  (1)  No proceeding, other than a proceeding referred to in subsection (3), shall be commenced against the Crown or the Minister with respect to anything done by the Lieutenant Governor in Council or the Minister regarding,

  (a)  a directive under section 7.2;

  (b)  the appointment of a special investigator or a supervisor under section 7.4 or 7.5;

   (c)  a directive or a decision under section 7.5; or

  (d)  any action or omission of a special investigator or supervisor done in good faith in the performance of a power or of an authority under Part IV.2.

Protection from personal liability

   (2)  No action or other proceeding for damages or otherwise shall be instituted against any of the following persons for any act done in good faith in the execution or intended execution of any duty or authority under this Act or the regulations or for any alleged neglect or default in the execution in good faith of any such duty or authority:

    1.  A special investigator or a supervisor appointed under section 7.4 or 7.5.

    2.  The staff of anyone mentioned in paragraph 1. 

Crown not relieved of liability

   (3)  Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by a person mentioned in paragraphs 1 and 2 of subsection (2) to which the Crown would otherwise be subject and the Crown is liable under that Act for any such tort in the same manner as if subsection (2) had not been enacted.

Commencement

   7.  (1)  Subject to subsection (2), this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Same

   (2)  Subsection 2 (2) comes into force on the later of the day subsection 2 (1) comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

 

Schedule 3
Amendments to the Broader Public Sector Accountability Act, 2010

   1.  The Broader Public Sector Accountability Act, 2010 is amended by adding the following Part:

Part V.1
Business Plans

Directives for designated broader public sector organizations

   13.1  (1)  The Management Board of Cabinet may issue directives requiring designated broader public sector organizations to prepare and publish business plans and any other business or financial documents that the directives may specify.

Same

   (2)  Without limiting the generality of subsection (1), the directives may,

  (a)  incorporate by reference a Government of Ontario policy or directive, in whole or in part, as amended from time to time;

  (b)  specify the form, content and timing of the business plans and other documents; and

   (c)  specify one or more methods of publishing the business plans and other documents.

Compliance

   (3)  Every designated broader public sector organization to which the directives apply shall comply with the directives.

Guidelines for publicly funded organizations

   13.2  The Management Board of Cabinet may make guidelines with respect to the preparation and publication by publicly funded organizations of business plans and any other business or financial documents that the guidelines may specify.

   2.  Subsection 14 (1) of the Act is amended by striking out “and” at the end of clause (c.1), by adding “and” at the end of clause (d) and by adding the following clause:

  (e)  compliance with directives issued by the Management Board of Cabinet on the preparation and publication of business plans and other business or financial documents.

   3.  Subsection 15 (1) of the Act is amended by striking out “and” at the end of clause (c.1), by adding “and” at the end of clause (d) and by adding the following clause:

  (e)  compliance with directives issued by the Management Board of Cabinet on the preparation and publication of business plans and other business or financial documents.

   4.  Subsection 21 (1) of the Act is amended by adding “V.1” after “IV.1”.

Commencement

   5.  This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 4
Amendments to the Cabinet Ministers’ and Opposition Leaders’ Expenses Review and Accountability Act, 2002 and Related Amendments

Cabinet Ministers’ and Opposition Leaders’ Expenses Review and Accountability Act, 2002

   1.  The title of the Cabinet Ministers’ and Opposition Leaders’ Expenses Review and Accountability Act, 2002 is repealed and the following substituted:

Politicians’ Expenses Review Act, 2002

   2.  Section 1 of the Act is amended by adding the following definition:

“Minister” means the member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre désigné”)

   3.  Subsection 4 (4) of the Act is amended by striking out “The Chair of the Management Board of Cabinet” at the beginning and substituting “The Minister”.

   4.  Subsection 5 (3) of the Act is amended by striking out “The Chair of the Management Board of Cabinet” at the beginning and substituting “The Minister”.

   5.  (1)  Subsection 8 (1) of the Act is amended by striking out “the Chair of the Management Board of Cabinet” and substituting “the Minister”.

   (2)  Subsection 8 (4) of the Act is repealed.

   6.  Sections 13, 14, 15 and 16 of the Act are repealed.

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

Public Reporting of Allowable Expenses

Application of ss. 14-16

   13.  Sections 14 to 16 apply only to reviewable expenses incurred on or after the day this section comes into force.

Commissioner’s notification of allowable expenses to Minister and Speaker

   14.  The Integrity Commissioner shall, after completing each review under section 9 and any additional review under section 12,

  (a)  notify the Minister of the expenses included in that review that are claimed by Cabinet ministers, parliamentary assistants and persons employed in their offices and that are, in the Commissioner’s opinion, allowable expenses; and

  (b)  notify the Speaker of the expenses included in that review that are claimed by Opposition leaders and persons employed in their offices and that are, in the Commissioner’s opinion, allowable expenses.

Posting allowable expense information on website

Minister

   15.  (1)  Within 90 days after receiving a notification under clause 14 (a), the Minister shall post on a website established or designated by the Minister, and maintained for the purposes of this subsection, the information required under subsection (4) with respect to the expenses included in the notification that, in the Commissioner’s opinion, are allowable expenses.

Speaker

   (2)  Within 90 days after receiving a notification under clause 14 (b), the Speaker shall post on a website established or designated by the Speaker, and maintained for the purposes of this subsection, the information required under subsection (4) with respect to the expenses included in the notification that, in the Commissioner’s opinion, are allowable expenses.

Same website

   (3)  For the purposes of subsections (1) and (2), the Minister and the Speaker may post the information on the same website.

Information required to be posted

   (4)  Subject to the rules made under section 16, the following information is required to be posted on the applicable website with respect to each expense that, in the Commissioner’s opinion, is an allowable expense:

    1.  The name and position title of the person who incurred the expense.

    2.  The date on which the expense was incurred.

    3.  The type of the expense.

    4.  The total amount for each type of expense claimed by and paid to the person.

    5.  The purpose of the expense.

    6.  The travel destination or other geographic location where or in respect of which the expense was incurred.

    7.  Any additional information that may be required under rules made under section 16.

Duration of website posting

   (5)  The Minister and the Speaker shall ensure that the information they post under this section remains accessible to the public on the applicable website for not less than two years.

Authority to make rules re information to be posted

   16.  (1)  The Lieutenant Governor in Council may make rules for the purpose of section 15,

  (a)  specifying additional information to be posted under paragraph 7 of subsection 15 (4);

  (b)  respecting the information required to be posted under paragraphs 1 to 7 of subsection 15 (4);

   (c)  governing the posting of information under subsections 15 (1) and (2).

Rules re information not to be posted

   (2)  The rules made under subsection (1) may provide that specified information that would otherwise be required to be posted under subsection 15 (4) not be posted or be posted in a limited or altered way in specified circumstances.

Public notice

   (3)  The Minister shall ensure that a copy of the rules made under subsection (1) is available to the public upon request and is posted on the Internet.

Legislation Act, 2006, Part III

   (4)  Part III (Regulations) of the Legislation Act, 2006 does not apply to rules made under this section.

Freedom of Information and Protection of Privacy Act

   8.  Subsection 1.1 (3) of the Freedom of Information and Protection of Privacy Act is repealed and the following substituted:

Definitions

   (3)  In this section,

“Opposition leader” has the same meaning as in section 1 of the Politicians’ Expenses Review Act, 2002; (“chef d’un parti de l’opposition”)

“reviewable expense” means a reviewable expense as described in section 3 of the Politicians’ Expenses Review Act, 2002. (“dépense sujette à examen”)

Commencement

Commencement

   9.  This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 5
Amendments to the Excellent Care for All Act, 2010

   1.  Section 1 of the Excellent Care for All Act, 2010 is amended by adding the following definitions:

“caregiver” and related terms have the meaning or meanings provided for in the regulations; (“fournisseur de soins”)

“health sector organization” means

  (a)  a hospital within the meaning of the Public Hospitals Act,

  (b)  a community care access corporation within the meaning of the Community Care Access Corporations Act, 2001,

   (c)  a licensee within the meaning of the Long-Term Care Homes Act, 2007, and

  (d)  any other organization that is provided for in the regulations and that receives public funding; (“organisme du secteur de la santé”)

“local health integration network” means a local health integration network within the meaning of the Local Health System Integration Act, 2006; (“réseau local d’intégration des services de santé”)

“patient ombudsman” means the patient ombudsman appointed under section 13.1; (“ombudsman des patients”)

“personal health information” has the same meaning as in the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”)

“personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”)

“prescribed” means prescribed in the regulations; (“prescrit”)

   2.  Subsections 10 (5), (6), (7) and (8) of the Act are repealed.

   3.  (1)  Clause 12 (1) (a) of the Act is amended by striking out “and” at the end of subclause (iii), by adding “and” at the end of subclause (iv) and by adding the following subclause:

          (v)  the performance of health sector organizations with respect to patient relations;

   (2)  Subsection 12 (1) of the Act is amended by adding the following clauses:

(b.1) to promote enhanced patient relations in health sector organizations through the development of,

           (i)  patient relations performance indicators and benchmarks for health sector organizations, and

          (ii)  quality improvement supports and resources for health sector organizations with respect to patient relations;

(b.2) to support the patient ombudsman in carrying out his or her functions;

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

Patient Ombudsman

Patient ombudsman

   13.1  (1)  The Lieutenant Governor in Council shall appoint a person to be the patient ombudsman.

Functions of the patient ombudsman

   (2)  The functions of the patient ombudsman are,

  (a)  to receive and respond to complaints from patients and former patients of a health sector organization and their caregivers, and from any other prescribed persons;

  (b)  to facilitate the resolution of complaints made by patients and former patients of a health sector organization and their caregivers, and by any other prescribed persons;

   (c)  to undertake investigations of complaints made by patients and former patients of a health sector organization and their caregivers, and by any other prescribed persons, and to undertake investigations of health sector organizations on the patient ombudsman’s own initiative;

  (d)  to make recommendations to health sector organizations following the conclusion of investigations; and

  (e)  to do anything else provided for in the regulations.

Employee of Council

   (3)  The Council shall employ as the patient ombudsman the person appointed by the Lieutenant Governor in Council and shall terminate that person’s employment as patient ombudsman when the term of the appointment expires, or if the Lieutenant Governor in Council revokes the person’s appointment.

Salary, etc.

   (4)  The Lieutenant Governor in Council shall fix the salary or other remuneration and the benefits, including rights relating to severance, termination, retirement and superannuation, of the patient ombudsman, and the Council shall provide the salary or other remuneration and those benefits to the patient ombudsman.

Delegation

   (5)  The patient ombudsman may, in writing, delegate any or all of his or her powers to one or more employees of the Council as he or she considers appropriate, and where the patient ombudsman has done so, the acts of the delegate are deemed to be the acts of the patient ombudsman for the purposes of this Act.

Term of office

   (6)  The patient ombudsman shall be appointed for a term of five years and may be reappointed for one further term of five years.

Same

   (7)  The Lieutenant Governor in Council may revoke the appointment of the patient ombudsman for cause.

Temporary appointment

   (8)  If the position of patient ombudsman is vacant or if for any reason the patient ombudsman is unable or unwilling to fulfil the duties of the office, the Lieutenant Governor in Council may appoint a temporary patient ombudsman for a term of up to six months.

Definition

   (9)  In this section and in sections 13.2 to 13.4,

“patient or former patient” includes,

  (a)  a patient or former patient of a hospital,

  (b)  a resident or former resident of a long-term care home,

   (c)  a client or former client of a community care access corporation,

  (d)  any other individual provided for in the regulations, and

  (e)  in respect of an individual mentioned in clause (a), (b), (c) or (d) who is or was incapable with respect to a treatment or another matter, a person with the authority to consent to the treatment or the other matter on behalf of that patient or former patient in accordance with the Health Care Consent Act, 1996.

Complaints

   13.2  (1)  A patient or a former patient of a health sector organization, a caregiver of a patient or former patient, and any other prescribed person, may make a complaint in writing to the patient ombudsman about actions or inactions of a health sector organization that relate,

  (a)  in the case of a patient or former patient, to the care and health care experience of the patient or former patient;

  (b)  in the case of a caregiver, to the care and health care experience of the patient or former patient to whom the caregiver provides or provided care; or

   (c)  in the case of another prescribed person, to the care and health care experience of another person provided for in the regulations.

Facilitated resolution

   (2)  The patient ombudsman shall work with the patient,  former patient, caregiver or other prescribed person, the health sector organization and, when appropriate, the relevant local health integration network, to attempt to facilitate a resolution of a complaint made under subsection (1) unless, in the opinion of the patient ombudsman,

  (a)  the complaint relates to a matter that is within the jurisdiction of another person or body or is the subject of a proceeding;

  (b)  the subject matter of the complaint is trivial;

   (c)  the complaint is frivolous or vexatious;

  (d)  the complaint is not made in good faith;

  (e)  the patient, former patient, caregiver or other prescribed person has not sought to resolve the complaint directly with the health sector organization; or

   (f)  the patient, former patient, caregiver or other prescribed person does not have a sufficient personal interest in the subject matter of the complaint.

Referral to appropriate body

   (3)  Where the complaint relates to a matter that is within the jurisdiction of another person or body, the patient ombudsman shall refer the patient, former patient, caregiver or other prescribed person to that person or body.

Patient to be informed

   (4)  In any case where the patient ombudsman determines that he or she will not attempt to facilitate a resolution of a complaint in accordance with subsection (2), the patient ombudsman shall inform the patient, former patient, caregiver or other prescribed person in writing of that determination and state the reasons for that determination.

“Proceeding”

   (5)  For the purposes of this section and section 13.3,

“proceeding” includes a proceeding held in, before or under the rules of a court, a tribunal, a commission, a justice of the peace, a coroner, a committee of a College within the meaning of the Regulated Health Professions Act, 1991, a committee of the Board of Regents continued under the Drugless Practitioners Act, a committee of the Ontario College of Social Workers and Social Service Workers under the Social Work and Social Service Work Act, 1998, an arbitrator or a mediator.

Investigation

   13.3  (1)  Where, after attempting to facilitate the resolution of a complaint under section 13.2, the patient ombudsman believes that the complaint should be investigated, the patient ombudsman may investigate the complaint.

May decide not to investigate

   (2)  Without limiting the generality of the powers conferred on the patient ombudsman by this Act, the patient ombudsman may in his or her discretion decide not to investigate, or, as the case may require, not to further investigate any complaint for any reason for which the patient ombudsman could have determined not to attempt to facilitate the resolution of the complaint under section 13.2.

Patient to be informed

   (3)  In any case where the patient ombudsman makes a determination not to investigate or further investigate a complaint, the patient ombudsman shall inform the patient, former patient, caregiver or other prescribed person in writing of that decision and state the reasons for that decision.

Investigations on own initiative

   (4)  The patient ombudsman may also commence an investigation of the actions or inactions of one or more health sector organizations that relate to the patient care or health care experience provided by the organization or organizations in any case where the patient ombudsman believes that the matter should be investigated.

Restriction

   (5)  Despite subsection (4), the patient ombudsman shall not commence an investigation under that subsection in connection with a matter that is within the jurisdiction of another person or body or is the subject of a proceeding.

Organization and patient to be informed

   (6)  Before investigating any matter, the patient ombudsman shall inform the relevant health sector organization and the patient,  former patient, caregiver or other prescribed person, if any, who made the complaint that led to the investigation of his or her intention to make the investigation.

Investigations are private

   (7)  Every investigation by the patient ombudsman shall be conducted in private.

Exception, other persons and bodies

   (8)  Despite subsection (7), where the patient ombudsman obtains information in the course of an investigation that relates to a matter within the jurisdiction of another person or body, the patient ombudsman may provide that information to the other person or body.

Obtaining information, etc.

   (9)  The patient ombudsman may hear or obtain information from any persons he or she thinks fit, and may make any inquiries he or she thinks fit.

Opportunity to be heard

   (10)  The patient ombudsman is not required to hold any hearing and no person is entitled as of right to be heard by the patient ombudsman, but, if at any time during the course of an investigation, it appears to the patient ombudsman that there may be sufficient grounds for him or her to make any report or recommendation that may adversely affect any person or entity, the patient ombudsman shall give to that person or entity an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel.

Requiring information

   (11)  The patient ombudsman may from time to time require any officer, employee, director, shareholder or member of any health sector organization, or any other person who provides services through or on behalf of a health sector organization, who, in his or her opinion, is able to give any information relating to any matter that is being investigated by the patient ombudsman,

  (a)  to furnish to him or her with the information; and

  (b)  to produce any documents or things that in the patient ombudsman’s opinion relate to the matter and that may be in the person’s possession or under the person’s control.

Examination under oath

   (12)  The patient ombudsman may summon before him or her and examine under oath,

  (a)  any patient, former patient, caregiver or other prescribed person who has made a complaint under this Act; or

  (b)  any person who is mentioned in subsection (11).

Certain other Acts

   (13)  A person who is subject to the Freedom of Information and Protection of Privacy Act, the Municipal Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004 is not prevented by any provisions in those Acts from providing personal information or personal health information to the patient ombudsman, when the patient ombudsman requires the person to provide the information under this section.

Privilege preserved

   (14)  Every person to whom this section applies has the same privileges in relation to the giving of information, the answering of questions, and the production of documents and things as witnesses have in any court.

Statements not admissible

   (15)  Except on the trial of any person for an offence in respect of the person’s sworn testimony, no statement made or answer given by that or any other person in the course of any investigation by the patient ombudsman is admissible in evidence against any person in any court or at any inquiry or in any other proceedings, and no evidence in respect of proceedings before the patient ombudsman shall be given against any person.

Right to object to self-incrimination

   (16)  A person giving a statement or answer in the course of any investigation before the patient ombudsman shall be informed by the patient ombudsman of the right to object to answer any question under section 5 of the Canada Evidence Act.

Protection from liability

   (17)  No person is liable to prosecution for an offence against any Act, by reason of his or her compliance with any requirement of the patient ombudsman under this section.

Fees, allowances, etc.

   (18)  Where any person is required by the patient ombudsman to attend before him or her for the purposes of this section, the person is entitled to the same fees, allowances and expenses as if he or she were a witness in the Superior Court of Justice, and the provisions of any relevant Act, regulation or rule apply accordingly, with necessary modification.

Compliance

   (19)  Every person who is summoned by the patient ombudsman under this section, or is required to furnish or produce documents or information, shall comply with the summons or furnish or produce the documents or information, as the case may be.

Entry

   (20)  For the purposes of an investigation under this section, the patient ombudsman may at any time enter upon any premises of a health sector organization and inspect the premises.

Restriction

   (21)  Despite subsection (20), the patient ombudsman shall not enter any premises of a health sector organization, except with the consent of the health sector organization or under the authority of a warrant issued under subsection (23).

Private dwellings

   (22)  Despite subsection (20), the patient ombudsman shall not enter any premises that is being used as a dwelling, except with the consent of the occupier or under the authority of a warrant issued under subsection (23).

Warrant

   (23)  A justice of the peace may issue a warrant authorizing the patient ombudsman or another person to enter any premises of a health sector organization if the justice is satisfied, on evidence under oath or affirmation, that there are reasonable grounds to believe that it is necessary to enter the premises for the purposes of an investigation under this section.

Obstruction forbidden

   (24)  No person shall, without lawful justification or excuse, wilfully obstruct, hinder or resist the patient ombudsman or a delegate of the patient ombudsman in the performance of his or her functions under this Act.

Recommendations

   13.4  (1)  After making an investigation, the patient ombudsman may make any recommendations to a health sector organization that was the subject of the investigation that the patient ombudsman sees fit.

Copy to patient

   (2)  Where the patient ombudsman makes recommendations to a health sector organization under subsection (1), the patient ombudsman shall also provide a copy of the recommendations to the patient, former patient, caregiver or other prescribed personwho made the complaint, if any.

Personal information to be removed

   (3)  Subject to any prescribed exceptions, the patient ombudsman shall, before providing the copy of recommendations under subsection (2), ensure that all personal information and personal health information about anyone other than the patient, former patient, caregiver or other prescribed person is redacted.

Reports by patient ombudsman

   13.5  (1)  The patient ombudsman shall report to the Minister on the activities and recommendations of the patient ombudsman at least annually, and otherwise as the patient ombudsman considers appropriate.

Reports to LHINs

   (2)  The patient ombudsman shall provide reports to local health integration networks on the activities of the patient ombudsman and his or her recommendations as the patient ombudsman considers appropriate.

No personal information

   (3)  The patient ombudsman shall not include any personal information or personal health information in any reports made under this section.

Reports to be public

   (4)  The patient ombudsman shall make the reports under this section available to the public, through publication on the Council’s website and any other means the patient ombudsman may consider appropriate.

Personal health information and the patient ombudsman

   13.6  (1)  Despite any other Act, the Council may only collect personal health information where the patient ombudsman collects that information in exercising his or her powers under this Act.

Same

   (2)  Despite any other Act, the Council may only use personal health information for purposes related to the functions of the patient ombudsman.

Disclosure

   (3)  Despite any other Act, the Council may only disclose personal health information,

  (a)  for purposes related to the functions of the patient ombudsman; or

  (b)  where it is required by law or by an agreement or arrangement made under the authority of a statute of Ontario or Canada.

Restriction

   (4)  In exercising their powers under this Act, the patient ombudsman and the Council shall not collect, use or disclose personal health information if other information will serve the purpose.

Only what is necessary

   (5)  In exercising their powers under this Act, the patient ombudsman and the Council shall not collect, use or disclose more personal health information than is reasonably necessary for the purpose.

Immunity

   13.7  (1)  No proceeding shall be commenced against the patient ombudsman, the Council or any employee of the Council for any act done or omitted in good faith in the execution or intended execution of the patient ombudsman’s functions under this Act.

Crown liability

   (2)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability for the acts or omissions of an employee referred to in subsection (1) to which it would otherwise be subject and the Crown is liable under that Act as if subsection (1) had not been enacted.

Testimony

   (3)  Neither the patient ombudsman nor anyone employed by the Council is a competent or compellable witness in a civil proceeding outside this Act in connection with anything done under sections 13.1 to 13.4.

   5.  Subsection 16 (1) of the Act is amended by adding the following clauses:

(t.1)  providing for additional functions of the patient ombudsman for the purposes of clause 13.1 (2) (e);

(t.2)  further defining, specifying or clarifying the meaning of “patient or former patient” and similar expressions for the purposes of sections 13.1 to 13.4;

(t.3)  respecting any matter that this Act describes as being prescribed or provided for in the regulations;

Commencement

   6.  This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 6
Amendments to the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act

Freedom of Information and Protection of Privacy Act

   1.  The Freedom of Information and Protection of Privacy Act is amended by adding the following section:

Measures to ensure preservation of records

   10.1  Every head of an institution shall ensure that reasonable measures respecting the records in the custody or under the control of the institution are developed, documented and put into place to preserve the records in accordance with any recordkeeping or records retention requirements, rules or policies, whether established under an Act or otherwise, that apply to the institution.

   2.  (1)  Subsection 61 (1) of the Act is amended by adding the following clause:

(c.1) alter, conceal or destroy a record, or cause any other person to do so, with the intention of denying a right under this Act to access the record or the information contained in the record;

   (2)  Subsection 61 (3) of the Act is amended by adding “(c.1)” after “(1)”.

   (3)  Section 61 of the Act is amended by adding the following subsection:

Extended limitation for prosecution

   (4)  A prosecution for an offence under clause (1) (c.1) shall not be commenced more than two years after the day evidence of the offence was discovered.

   (4)  Section 61 of the Act is amended by adding the following subsection:

Protection of information

   (5)  In a prosecution for an offence under this section, the court may take precautions to avoid the disclosure by the court or any person of any of the following information, including, where appropriate, conducting hearings or parts of hearings in private or sealing all or part of the court files:

    1.  Information that may be subject to an exemption from disclosure under sections 12 to 21.1.

    2.  Information to which this Act may not apply under section 65.

    3.  Information that may be subject to a confidentiality provision in any other Act.

Municipal Freedom of Information and Protection of Privacy Act

   3.  The Municipal Freedom of Information and Protection of Privacy Act is amended by adding the following section:

Measures to ensure preservation of records

   4.1  Every head of an institution shall ensure that reasonable measures respecting the records in the custody or under the control of the institution are developed, documented and put into place to preserve the records in accordance with any recordkeeping or records retention requirements, rules or policies, whether established under an Act or otherwise, that apply to the institution.

   4.  (1)  Subsection 48 (1) of the Act is amended by adding the following clause:

(c.1) alter, conceal or destroy a record, or cause any other person to do so, with the intention of denying a right under this Act to access the record or the information contained in the record;

   (2)  Subsection 48 (3) of the Act is amended by adding “(c.1)” after “(1)”.

   (3)  Section 48 of the Act is amended by adding the following subsection:

Extended limitation for prosecution

   (4)  A prosecution for an offence under clause (1) (c.1) shall not be commenced more than two years after the day evidence of the offence was discovered.

   (4)  Section 48 of the Act is amended by adding the following subsection:

Protection of information

   (5)  In a prosecution for an offence under this section, the court may take precautions to avoid the disclosure by the court or any person of any of the following information, including, where appropriate, conducting hearings or parts of hearings in private or sealing all or part of the court files:

    1.  Information that may be subject to an exemption from disclosure under sections 6 to 14.

    2.  Information to which this Act may not apply under section 52.

    3.  Information that may be subject to a confidentiality provision in any other Act.

Commencement

Commencement

   5.  This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 7
Amendments to the Legislative Assembly Act

   1.  Section 67 of the Legislative Assembly Act is amended by adding the following subsections:

Posting on website

   (13)  The Speaker shall post on a website established or designated by the Speaker any amounts, limits, maximums, rules and other information that the Board of Internal Economy determines, prescribes, establishes or authorizes under this section in relation to expenses listed under subsection 68 (1).

Archive

   (14)  The Speaker shall ensure that an archive of the amounts, limits, maximums, rules and other information posted under subsection (13) is maintained.

Application

   (15)  Subsections (13) and (14) apply only with respect to amounts, limits, maximums, rules and information that are applicable on or after the day section 1 of Schedule 7 to the Public Sector and MPP Accountability and Transparency Act, 2014 comes into force.

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

Posting certain expense information on website

   68.  (1)  The Speaker shall, in accordance with determinations made by the Board of Internal Economy under subsection (3), post on a website established or designated by the Speaker the information required by subsection (2) with respect to payments made to members under section 67 for,

  (a)  travel expenses, other than for travel within a member’s electoral district that relates to his or her constituency work;

  (b)  expenses for hotel accommodation related to travel referred to in clause (a);

   (c)  meal expenses; and

  (d)  hospitality expenses.

Information required to be posted

   (2)  Subject to subsection (4), the following information is required to be posted with respect to each payment for an expense referred to in subsection (1):

    1.  The name of the member who incurred the expense and of his or her electoral district.

    2.  The date on which the expense was incurred.

    3.  The type of expense, with reference to the applicable category of expense listed under subsection (1).

    4.  The total amount claimed by and paid to the member, for each category of expense listed under subsection (1).

    5.  The purpose of the expense.

    6.  The travel destination or other geographic location where or in respect of which the expense was incurred.

Board to determine timing, manner

   (3)  The timing of the posting of information under subsection (1) and the manner in which the information is presented shall be determined by the Board of Internal Economy.

Information may be excluded

   (4)  The Board of Internal Economy may exclude information from posting under subsection (1) if the Board is of the view that,

  (a)  posting the information would likely,

           (i)  constitute an unjustified invasion of personal privacy, or

          (ii)  jeopardize the security of any person, place or thing; or

  (b)  other circumstances exist that make it necessary or advisable to exclude the information.

Application

   (5)  This section applies only with respect to payments for expenses incurred on or after the day section 2 of Schedule 7 to the Public Sector and MPP Accountability and Transparency Act, 2014 comes into force.

Commencement

   3.  This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 8
Amendments to the Lobbyists Registration Act, 1998

   1.  (1)  Subsection 1 (1) of the Lobbyists Registration Act, 1998 is amended by adding the following definitions:

“chief executive officer” means, with respect to an organization, the individual who holds the most senior executive position in the organization, regardless of the actual title of the position; (“chef de la direction”)

“client” means a person, partnership or organization on whose behalf a consultant lobbyist undertakes to lobby; (“client”)

“consultant lobbyist” means an individual who, for payment, undertakes to lobby on behalf of a client; (“lobbyiste-conseil”)

“payment” means money or anything of value and a contract, promise or agreement to pay money or anything of value; (“paiement”)

   (2)  The French version of clause (f) of the definition of “public office holder” in subsection 1 (1) of the Act is amended by striking out “organismes suivants” in the portion before subclause (i) and substituting “entités suivantes”.

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

Prohibited Lobbying Activities

Consultant lobbyists and public funds

   3.1  No consultant lobbyist shall undertake to lobby on behalf of a client where,

  (a)  the client is prohibited from engaging a lobbyist to provide lobbyist services using public funds or other revenues under section 4 of the Broader Public Sector Accountability Act, 2010; and

  (b)  compensation of the consultant lobbyist is to be paid from public funds or other revenues that the client is prohibited from using under that section.

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

Consultant lobbyists and contingent payments

   3.2  (1)  No consultant lobbyist shall undertake to lobby when the payment to the consultant lobbyist is, in whole or in part, contingent on his or her degree of success in lobbying.

Contingent payment provision void

   (2)  A provision in a contract entered into or renewed on or after the day this section comes into force that provides for a contingent payment to a consultant lobbyist as described in subsection (1) is void.

Same – in existing contracts

   (3)  If a provision in a contract that is in force on the day this section comes into force provides for a contingent payment to a consultant lobbyist as described in subsection (1), that provision is void as of the first anniversary of the day this section comes into force.

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

Consultant lobbyists and conflicts of interest

   3.3  (1)  No consultant lobbyist shall undertake to provide advice on a subject matter to a public office holder for payment where the consultant lobbyist is lobbying any public office holder on the same subject matter.

Same

   (2)  No consultant lobbyist shall undertake to lobby a public office holder on a subject matter where the consultant lobbyist is under contract with any public officer holder to provide advice on the same subject matter for payment.

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

Lobbyists placing public office holders in conflict of interest

Consultant lobbyists

   3.4  (1)  No consultant lobbyist shall, in the course of lobbying a public office holder, knowingly place the public office holder in a position of real or potential conflict of interest as described in subsections (3) and (4).

In-house lobbyists

   (2)  No in-house lobbyist (within the meaning of subsection 5 (7) or 6 (5)) shall, in the course of lobbying a public office holder, knowingly place the public office holder in a position of real or potential conflict of interest as described in subsections (3) and (4).

Definition — conflict of interest, member of the Assembly

   (3)  A public office holder who is a member of the Legislative Assembly is in a position of conflict of interest if he or she engages in an activity that is prohibited by section 2, 3 or 4 or subsection 6 (1) of the Members’ Integrity Act, 1994.

Definition — conflict of interest, other persons

   (4)  A public office holder who is not a member of the Legislative Assembly is in a position of conflict of interest if he or she engages in an activity that would be prohibited by section 2, 3 or 4 or subsection 6 (1) of the Members’ Integrity Act, 1994 if he or she were a member of the Legislative Assembly.

   6.  (1)  Subsection 4 (3) of the Act is repealed.

   (2)  Paragraph 1 of subsection 4 (4) of the Act is repealed and the following substituted:

    1.  The name and business address of the consultant lobbyist and, if applicable, the business name and address of the firm where the consultant lobbyist is engaged in business.

   (3)  Subsection 4 (4) of the Act is amended by adding the following paragraph:

  1.1  Whether the consultant lobbyist was, at any time before the filing of the return,

            i.  a minister,

           ii.  a person employed in the office of a minister,

          iii.  a deputy minister, associate deputy minister or assistant deputy minister, or anyone of equivalent classification,

          iv.  a chief executive officer or chair of the board of directors of an agency, board or commission of the Crown,

           v.  a senior employee of an agency, board or commission of the Crown who reports directly to its chief executive officer,

          vi.  a chief executive officer or chair of the board of directors of,

                  A.  Hydro One Inc. or a subsidiary of it,

                  B.  Ontario Power Generation Inc. or a subsidiary of it,

                  C.  Ontario Power Authority, or

                  D.  Independent Electricity System Operator, or

         vii.  a senior employee of an entity listed in subparagraph vi who reports directly to its chief executive officer.

   (4)  Paragraph 2 of subsection 4 (4) of the Act is amended by striking out “The name and business address of the client and the name and business address of any person, partnership or organization” at the beginning and substituting “The business name and address of the client and the business name and address of any person, partnership or organization”.

   (5)  Paragraph 3 of subsection 4 (4) of the Act is amended by striking out “the name and business address” and substituting “the business name and address”.

   (6)  Paragraph 4 of subsection 4 (4) of the Act is amended by striking out “the name and business address” and substituting “the business name and address”.

   (7)  Paragraph 5 of subsection 4 (4) of the Act is repealed and the following substituted:

    5.  If the client is an organization, the business name and address of each partnership, corporation or entity that is part of the organization.

   (8)  Paragraph 6 of subsection 4 (4) of the Act is amended by adding “during that government’s fiscal year that precedes the filing of the return” at the end.

   (9)  Paragraph 7 of subsection 4 (4) of the Act is amended by striking out “The name and business address” at the beginning and substituting “The business name and address”.

   (10)  The French version of paragraph 8 of subsection 4 (4) of the Act is amended by striking out “l’adresse de l’établissement” and substituting l’adresse d’affaires”.

   (11)  Paragraph 9 of subsection 4 (4) of the Act is repealed and the following substituted:

    9.  The following information:

            i.  The subject matters in respect of which the consultant lobbyist has undertaken to lobby, and any prescribed information respecting those subject matters.

           ii.  The goal of the lobbying.

   (12)  Paragraph 10 of subsection 4 (4) of the Act is repealed.

   (13)  Paragraph 13 of subsection 4 (4) of the Act is repealed and the following substituted:

  13.  Whether the consultant lobbyist has lobbied or expects to lobby a minister in his or her capacity as a minister or a minister or other member of the Legislative Assembly in his or her capacity as a member, or a person on the staff of a minister or other member of the Legislative Assembly.  The information under this paragraph must include the name of the office of the minister, if the minister is being lobbied in his or her capacity as a minister, for example, “the office of the Minister of [insert name of ministry]”, or the name of the office of the member, for example, “the office of the Member for [insert name of riding]”, if the minister or other member is being lobbied in his or her capacity as a member.

   (14)  Subsection 4 (4) of the Act is amended by adding the following paragraph:

  16.  Any other prescribed information. However, the limitations in paragraphs 7 and 15 also apply to this paragraph.

   (15)  The French version of subsection 4 (5) of the Act is repealed and the following substituted:

Modification de la déclaration et nouveaux renseignements

   (5)  Le lobbyiste-conseil communique au registrateur toute modification des renseignements figurant dans sa déclaration, ainsi que tout renseignement devant être fourni aux termes du paragraphe (4) et dont il n’a eu connaissance qu’après le dépôt de celle-ci, dans les 30 jours de la modification ou du moment où il a eu connaissance du renseignement.

   (16)  Subsection 4 (6) of the Act is amended by striking out “within two months after the expiration of the first and each subsequent year” and substituting “within 30 days either before or after the expiration of the first and each subsequent year”.

   (17)  The French version of subsection 4 (8) of the Act is repealed and the following substituted:

Renseignements demandés par le registrateur

   (8)  Le lobbyiste-conseil communique au registrateur les précisions que celui-ci lui demande à l’égard des renseignements qu’il a fournis aux termes du présent article au plus tard 30 jours après que le registrateur en fait la demande.

   (18)  Subsection 4 (10) of the Act is repealed and the following substituted:

Definition

   (10)  In this section,

“undertaking” means an undertaking by a consultant lobbyist to lobby on behalf of a client.

   7.  Section 4.1 of the Act is repealed.

   8.  (1)  Subsections 5 (1), (2), (3), (4), (5) and (6) of the Act are repealed and the following substituted:

Duty to file return, persons and partnerships

   (1)  The senior officer of a person or partnership that employs an in-house lobbyist shall file a return with the registrar,

  (a)  within two months after the day on which that person becomes an in-house lobbyist; and

  (b)  within 30 days either before or after the expiration of each six-month period after the date of filing the previous return.

Transitional

   (2)  If, on the coming into force of subsection 8 (1) of Schedule 8 to the Public Sector and MPP Accountability and Transparency Act, 2014, the person or partnership described in subsection (1) employs an in-house lobbyist, the senior officer of the person or partnership shall file a return with the registrar within two months after the day on which subsection 8 (1) of Schedule 8 to the Public Sector and MPP Accountability and Transparency Act, 2014 comes into force and after that in accordance with clause (1) (b).

Contents of return

   (3)  The senior officer of a person or partnership described in subsection (1) shall set out in the return the following information:

    1.  The name and business address of the senior officer.

    2.  The business name and address of the person or partnership.

    3.  If the person is a corporation, the business name and address of each subsidiary of the corporation that, to the knowledge of the senior officer, has a direct interest in the outcome of the lobbying activities of the in-house lobbyists employed by the person.

    4.  If the person is a corporation that is a subsidiary of any other corporation, the business name and address of that other corporation.

    5.  A description in summary form of the person’s or partnership’s business or activities and any other prescribed information to identify the person’s or partnership’s business or activities.

    6.  If the person or partnership is funded, in whole or in part, by a government, the name of the government or government agency, as the case may be, and the amount of funding received by the person or partnership from that government or government agency during that government’s fiscal year that precedes the filing of the return.

    7.  The business name and address of any entity or organization that, to the knowledge of the senior officer, contributed (during the entity’s or organization’s fiscal year that precedes the filing of the return) $750 or more toward the lobbying activities of the in-house lobbyists employed by the person or partnership.  However, this paragraph does not apply with respect to contributions made by a government.

    8.  The name and business address of any individual who, to the knowledge of the senior officer, made a contribution described in paragraph 7 on behalf of an entity or organization described in that paragraph.

    9.  The name of each in-house lobbyist employed by the person or partnership.

  10.  The name of any in-house lobbyist employed by the person or partnership who was, at any time before the filing of the return,

            i.  a minister,

           ii.  a person employed in the office of a minister,

          iii.  a deputy minister, associate deputy minister or assistant deputy minister, or anyone of equivalent classification,

          iv.  a chief executive officer or chair of the board of directors of an agency, board or commission of the Crown,

           v.  a senior employee of an agency, board or commission of the Crown who reports directly to its chief executive officer,

          vi.  a chief executive officer or chair of the board of directors of,

                  A.  Hydro One Inc. or a subsidiary of it,

                  B.  Ontario Power Generation Inc. or a subsidiary of it,

                  C.  Ontario Power Authority, or

                  D.  Independent Electricity System Operator, or

         vii.  a senior employee of an entity listed in subparagraph vi who reports directly to its chief executive officer.

  11.  If any in-house lobbyist is lobbying at the time the return is filed,

            i.  the subject matters in respect of which he or she is lobbying, and any prescribed information respecting those subject matters, and

           ii.  the goal of the lobbying.

  12.  If any in-house lobbyist has lobbied or expects to lobby during the period for which the return is filed,

            i.  the subject matters in respect of which he or she has lobbied or expects to lobby, and any prescribed information respecting those subject matters, and

           ii.  the goal of the lobbying.

  13.  Particulars to identify any relevant legislative proposal, bill, resolution, regulation, policy, program, decision, grant, contribution or financial benefit.

  14.  The name of any ministry of the Government of Ontario or agency, board or commission of the Crown in which any public office holder is employed or serves whom any in-house lobbyist has lobbied or expects to lobby during the period for which the return is filed.

  15.  Whether any in-house lobbyist has lobbied or expects to lobby a minister in his or her capacity as a minister or a minister or other member of the Legislative Assembly in his or her capacity as a member, or a person on the staff of a minister or other member of the Legislative Assembly, during the period for which the return is filed.  The information under this paragraph must include the name of the office of the minister, if the minister is being lobbied in his or her capacity as a minister, for example, “the office of the Minister of [insert name of ministry]”, or the name of the office of the member, for example, “the office of the Member for [insert name of riding]”, if the minister or other member is being lobbied in his or her capacity as a member.

  16.  The techniques of communication, including grass-roots communication, that any in-house lobbyist has used or expects to use to lobby during the period for which the return is filed.

  17.  The name of any in-house lobbyist who has been identified in the last return filed and has ceased to be an in-house lobbyist or to be employed by the person or partnership.

  18.  Such additional information as may be prescribed with respect to the identity of a person or entity described in this section.  However, the regulations cannot require the senior officer to set out on the return the names of individuals or other information that might identify individuals, if their names are not otherwise required by this subsection.

  19.  Any other prescribed information.  However, the limitations in paragraphs 7 and 18 also apply to this paragraph.

Changes to return and new information

   (4)  The senior officer shall provide the registrar with any change to the information in the return filed under subsection (1) and any information required to be provided under subsection (3), the knowledge of which the senior officer acquired only after the return was filed, not later than 30 days after the change occurs or the knowledge is acquired.

Information requested by registrar

   (5)  The senior officer shall provide the registrar with any information that the registrar may request to clarify any information that the senior officer has provided to the registrar under this section not later than 30 days after the registrar makes the request.

   (2)  The definition of “in-house lobbyist” in subsection 5 (7) of the Act is repealed and the following substituted:

“in-house lobbyist” means an individual (other than one described in subsection (8)) who is employed by a person or partnership or is a director of a person who is compensated for the performance of his or her duties if,

  (a)  as part of his or her duties as an employee or director, the individual spends at least 50 hours a year, or such other number of hours as may be prescribed, lobbying on behalf of the person or partnership or, if the person is a corporation, on behalf of any subsidiary of the person or any corporation of which the person is a subsidiary, or

  (b)  the individual’s duties as an employee or director involve lobbying on behalf of the person or partnership and his or her duties to lobby, taken together with the duties to lobby of other employees and other directors who are compensated for the performance of their duties, constitute at least 50 hours a year, or such other number of hours as may be prescribed; (“lobbyiste salarié”)

   (3)  Subsection 5 (7) of the Act is amended by adding the following definition:

“senior officer” means the most senior officer of a person or partnership who is compensated for the performance of his or her duties. (“premier dirigeant”)

   9.  (1)  Clause 6 (1) (b) of the Act is repealed and the following substituted:

  (b)  within 30 days either before or after the expiration of each six-month period after the date of filing the previous return.

   (2)  Subsection 6 (2) of the Act is repealed.

   (3)  The French version of paragraph 1 of subsection 6 (3) of the Act is amended by striking out “l’adresse de son établissement” and substituting “son adresse d’affaires”.

   (4)  Paragraph 2 of subsection 6 (3) of the Act is repealed and the following substituted:

    2.  The business name and address of the organization.

   (5)  Paragraph 5 of subsection 6 (3) of the Act is amended by adding “during that government’s fiscal year that precedes the filing of the return” at the end.

   (6)  Paragraph 6 of subsection 6 (3) of the Act is amended by striking out “The name and business address” at the beginning and substituting “The business name and address”.

   (7)  The French version of paragraph 7 of subsection 6 (3) of the Act is amended by striking out “l’adresse de l’établissement” and substituting “l’adresse d’affaires”.

   (8)  Subsection 6 (3) of the Act is amended by adding the following paragraph:

  8.1  The name of any in-house lobbyist employed by the organization who was, at any time before the filing of the return,

            i.  a minister,

           ii.  a person employed in the office of a minister,

          iii.  a deputy minister, associate deputy minister or assistant deputy minister, or anyone of equivalent classification,

          iv.  a chief executive officer or chair of the board of directors of an agency, board or commission of the Crown,

           v.  a senior employee of an agency, board or commission of the Crown who reports directly to its chief executive officer,

          vi.  a chief executive officer or chair of the board of directors of,

                  A.  Hydro One Inc. or a subsidiary of it,

                  B.  Ontario Power Generation Inc. or a subsidiary of it,

                  C.  Ontario Power Authority, or

                  D.  Independent Electricity System Operator, or

         vii.  a senior employee of an entity listed in subparagraph vi who reports directly to its chief executive officer.

   (9)  Paragraphs 9 and 10 of subsection 6 (3) of the Act are repealed and the following substituted:

    9.  If any in-house lobbyist is lobbying at the time the return is filed,

            i.  the subject matters in respect of which he or she is lobbying, and any prescribed information respecting those subject matters, and

           ii.  the goal of the lobbying.

  10.  If any in-house lobbyist has lobbied or expects to lobby during the period for which the return is filed,

            i.  the subject matters in respect of which he or she has lobbied or expects to lobby, and any prescribed information respecting those subject matters, and

           ii.  the goal of the lobbying.

   (10)  Paragraph 12 of subsection 6 (3) of the Act is repealed and the following substituted:

  12.  The name of any ministry of the Government of Ontario or agency, board or commission of the Crown in which any public office holder is employed or serves whom any in-house lobbyist has lobbied during the period for which the return is filed.

   (11)  Paragraph 13 of subsection 6 (3) of the Act is repealed and the following substituted:

  13.  Whether any in-house lobbyist has lobbied or expects to lobby a minister in his or her capacity as a minister or a minister or other member of the Legislative Assembly in his or her capacity as a member, or a person on the staff of a minister or other member of the Legislative Assembly, during the period for which the return is filed.  The information under this paragraph must include the name of the office of the minister, if the minister is being lobbied in his or her capacity as a minister, for example, “the office of the Minister of [insert name of ministry]”, or the name of the office of the member, for example, “the office of the Member for [insert name of riding]”, if the minister or other member is being lobbied in his or her capacity as a member.

   (12)  Paragraph 14 of subsection 6 (3) of the Act is repealed and the following substituted:

  14.  The techniques of communication, including grass-roots communication, that any in-house lobbyist has used or expects to use to lobby during the period for which the return is filed.

   (13)  Subsection 6 (3) of the Act is amended by adding the following paragraph:

  17.  Any other prescribed information.  However, the limitations in paragraphs 4 and 6 also apply to this paragraph.

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

Changes to return and new information

   (3.1)  The senior officer shall provide the registrar with any change to the information in the return filed under subsection (1) and any information required to be provided under subsection (3), the knowledge of which the senior officer acquired only after the return was filed, not later than 30 days after the change occurs or the knowledge is acquired.

   (15)  The French version of subsection 6 (4) of the Act is repealed and the following substituted:

Renseignements demandés par le registrateur

   (4)  Le premier dirigeant communique au registrateur les précisions que celui-ci lui demande à l’égard des renseignements qu’il a fournis dans sa déclaration au plus tard 30 jours après que le registrateur en fait la demande.

   (16)  The definition of “in-house lobbyist” in subsection 6 (5) of the Act is repealed and the following substituted:

“in-house lobbyist” means an individual who is employed by an organization if,

  (a)  as part of his or her duties as an employee, the individual spends at least 50 hours a year, or such other number of hours as may be prescribed, lobbying on behalf of the organization, or

  (b)  the individual’s duties as an employee involve lobbying on behalf of the organization and his or her duties to lobby, taken together with the duties of other employees to lobby, constitute at least 50 hours a year, or such other number of hours as may be prescribed; (“lobbyiste salarié”)

   10.  Clause 14 (1) (b) of the Act is amended by striking out “or 5 (5)”.

   11.  (1)  Subsection 15 (1) of the Act is repealed and the following substituted:

Advisory opinions and interpretation bulletins

   (1)  The registrar may issue advisory opinions and interpretation bulletins with respect to lobbyists’ conduct and with respect to any other matter respecting the enforcement, interpretation or application of this Act.

Code of conduct

   (1.1)  The registrar’s power under subsection (1) to issue interpretation bulletins includes the authority to issue a lobbyists’ code of conduct.

   (2)  The French version of subsection 15 (2) of the Act is amended by adding “consultatifs” after “avis”.

   12.  Subsection 16 (2) of the Act is repealed.

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

Investigations and Penalties

Investigation by registrar

   17.1  (1)  The registrar may conduct an investigation to determine if any person or persons have not complied with any provision of this Act or of the regulations.

Time limit

   (2)  The registrar shall not commence an investigation into an alleged non-compliance with this Act or the regulations more than two years after the date when the registrar knew or should have known about the alleged non-compliance.

Refusal or cease to investigate

   (3)  The registrar may refuse to conduct an investigation into any alleged non-compliance with this Act or the regulations or may cease such an investigation for any reason, including if the registrar believes that any of the following circumstances apply:

    1.  The matter could more appropriately be dealt with under another Act.

    2.  The matter is minor or trivial.

    3.  Dealing with the matter would serve no useful purpose because of the length of time that has elapsed since the matter arose.

Referral instead of investigation

   17.2  The registrar may, instead of commencing an investigation, or at any time during the course of an investigation, refer the matter to another person or body so that it may be dealt with as a matter of law enforcement or in accordance with a procedure established under another Act if the registrar is of the opinion that this would be more appropriate than conducting or continuing the investigation.

Suspension of investigation in case of criminal investigation or charge laid

   17.3  (1)  The registrar may suspend an investigation if he or she discovers that,

  (a)  the subject matter of the investigation is also the subject matter of an investigation to determine whether an offence has been committed under this or any other Act of Ontario or of Canada; or

  (b)  a charge has been laid with respect to the alleged non-compliance.

Resumption of suspended investigation

   (2)  The registrar may resume a suspended investigation at any time, whether or not the other investigation or charge described in clause (1) (a) or (b) has been finally disposed of, but before resuming a suspended investigation the registrar shall consider the following:

    1.  Whether the registrar’s investigation may be concluded in a timely manner.

    2.  Whether the other investigation or charge will adequately deal with or has adequately dealt with the substance of the alleged non-compliance for the purposes of this Act.

Registrar’s powers on investigation

   17.4  (1)  In conducting an investigation, the registrar may,

  (a)  require any person to provide any information that he or she may have if, in the opinion of the registrar, the information is relevant to the investigation;

  (b)  require any person to produce any document or thing that may be in his or her possession or under his or her control if, in the opinion of the registrar, the document or thing is relevant to the investigation;

   (c)  specify a date that is reasonable in the circumstances by which the information, document or thing must be provided or produced.

Same

   (2)  The registrar may summon any person who, in the registrar’s opinion, is able to provide information that is relevant to the investigation, and may require him or her to attend in person or by electronic means and may examine him or her on oath or affirmation.

Protection under Canada Evidence Act

   (3)  A person shall be informed by the registrar of his or her right to object to answer any question under section 5 of the Canada Evidence Act.

Court order

   (4)  The registrar may apply to the Superior Court of Justice for an order directing a person to provide information, documents or things as required under subsection (1) or to attend and be examined pursuant to a summons issued under subsection (2).

Privileges and right to counsel

   (5)  A person required to provide information or to produce a document or thing under subsection (1) and a person examined under subsection (2) may be represented by counsel and may claim any privilege to which the person is entitled in any court.

Notice after investigation

   17.5  (1)  If, after conducting an investigation, the registrar believes that a person has not complied with a provision of this Act or of the regulations, the registrar shall,

  (a)  give a notice to the person setting out,

           (i)  the alleged non-compliance,

          (ii)  the reasons why the registrar believes there has been non-compliance, and

         (iii)  the fact that the person may exercise an opportunity to be heard under clause (b) and the steps by which the person may exercise that opportunity;

  (b)  give the person a reasonable opportunity to be heard respecting the alleged non-compliance and any penalty that could be imposed by the registrar under this Act.

Same

   (2)  The notice must be in writing and delivered to the person personally, by email to the address provided by the person or by registered mail.

Same

   (3)  Except as provided in this section, the registrar need not hold a hearing and no person or body has a right to be heard by the registrar.

Registrar’s finding of non-compliance

   17.6  (1)  If, after conducting an investigation and after giving a person that the registrar believed to have not complied with this Act or the regulations an opportunity to be heard, the registrar finds that the person has not complied with a provision of this Act or of the regulations, the registrar shall give a notice to the person setting out,

  (a)  the finding of non-compliance;

  (b)  any penalty imposed under section 17.9; and

   (c)  the reasons for the finding and for the imposition of any penalty.

Notice

   (2)  The notice must also advise the person that he or she may ask for reconsideration and judicial review of the registrar’s finding or of the penalty imposed, or both.

Same

   (3)  The notice must be in writing and delivered to the person personally, by email to the address provided by the person or by registered mail.

Reconsideration of registrar’s finding

   17.7  (1)  Within 15 days after receiving notice of the registrar’s finding under subsection 17.6 (1), the person against whom the finding is made may request that the registrar reconsider the finding or the penalty imposed, or both.

Same

   (2)  A request for reconsideration must be in writing and must identify the grounds on which the reconsideration is requested.

Same

   (3)  If a person requests reconsideration of the registrar’s finding or of the penalty imposed, or both, the registrar shall reconsider his or her finding or the penalty imposed, or both, and give the person a notice of his or her decision.

Same

   (4)  The notice must be in writing and delivered to the person personally, by email to the address provided by the person or by registered mail.

Judicial review

   17.8  Within 60 days after receiving the notice of the registrar’s finding under subsection 17.6 (1) or of the registrar’s decision under subsection 17.7 (3), the person against whom the finding is made may make an application for judicial review of the registrar’s finding or the penalty imposed, or both.

Penalties

Registrar’s powers after finding of non-compliance

   17.9  (1)  If the registrar’s finding under section 17.6 is that a person has not complied with a provision of this Act or of the regulations, the registrar may, taking into account the gravity of the non-compliance, the number of previous incidents of non-compliance committed by the same person and the number of previous convictions against the same person for offences under this Act, and if the registrar is of the opinion that it is in the public interest to do so, do either or both of the following:

    1.  Prohibit the person against whom the finding is made from lobbying for a period of not more than two years.

    2.  Subject to subsection (4), make public the following information:

            i.  The name of the person against whom the finding is made.

           ii.  A description of the non-compliance.

          iii.  Any other information that the registrar considers necessary to explain the finding of non-compliance.

Registrar’s powers after conviction

   (2)  If a person is convicted of an offence under this Act, the registrar may, taking into account the gravity of the offence, the number of previous convictions against the same person for offences under this Act and the number of previous incidents of non-compliance committed by the same person, and if the registrar is of the opinion that it is in the public interest to do so, do either or both of the things listed in subsection (1), with necessary modifications.

Publication in registry

   (3)  If the registrar makes information public under subsection (1) or (2) as described in paragraph 2 of subsection (1), he or she shall also include the information described in subparagraphs 2 i and ii of subsection (1) in the registry established and maintained under section 11.

Limitation

   (4)  The registrar shall not make any information public under subsection (1) until the time for making an application for judicial review under section 17.8 has expired and no application has been made.

Delaying implementation of penalty

   (5)  A person who requests reconsideration under section 17.7, or makes an application for judicial review under section 17.8, of the registrar’s finding against the person or the penalty imposed, or both, may at the same time apply in writing to the registrar to delay the implementation of the penalty, or any part of the penalty, until the matter has been finally disposed of, and upon receipt of such an application, the registrar may delay implementing the penalty until the matter has been finally disposed of if he or she is of the opinion that the delay would be just in the circumstances.

Confidentiality

   17.10  (1)  Except as provided under this section, the registrar and anyone acting for or under the direction of the registrar shall not disclose to any person,

  (a)  whether the registrar is conducting an investigation under this Act; or

  (b)  any information, document or thing obtained in the course of conducting an investigation under this Act.

Exceptions

   (2)  The registrar and any person acting for or under the registrar’s direction shall not disclose to any person any information, document or thing obtained in the course of conducting an investigation under this Act except as necessary,

  (a)  to conduct an investigation under section 17.1;

  (b)  to refer a matter under section 17.2;

   (c)  to enforce a penalty imposed under section 17.9; or

  (d)  to comply with the requirements of section 17.12.

Same

   (3)  The registrar and any person acting for or under the registrar’s direction shall not give or be compelled to give evidence in any court or in any other proceeding in respect of information, documents or things obtained in the course of conducting an investigation under this Act except,

  (a)  in a prosecution for perjury;

  (b)  in a prosecution for an offence under this Act; or

   (c)  in an application for judicial review of a finding of or penalty imposed by the registrar.

Procedure — non-application of Statutory Powers Procedure Act

   17.11  The Statutory Powers Procedure Act does not apply to an investigation conducted by the registrar under section 17.1.

Annual report

   17.12  The annual report of the Integrity Commissioner (who is appointed as registrar under section 10 of this Act) required by section 24 of the Members’ Integrity Act, 1994 shall include,

  (a)  the number of investigations conducted by the Commissioner under this Act during the year, including the number of those investigations that were commenced, concluded or resumed during the year and the number of matters that the Commissioner refused to investigate or referred to another person or body during the year;

  (b)  a description in summary form of each investigation concluded or resumed, and of each matter referred, during the year; and

   (c)  any other information relevant to the administration of this Act the public disclosure of which the Commissioner believes to be in the public interest.

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

Whistle-Blowing Protection

Whistle-blowing protection

   17.13  (1)  No person shall retaliate against another person, whether by action or omission, or threaten to do so because,

  (a)  anything has been disclosed to the registrar; or

  (b)  evidence has been or may be given in a proceeding, including a proceeding in respect of the enforcement of this Act or the regulations.

Interpretation, retaliate

   (2)  Without in any way restricting the meaning of the word “retaliate”, the following constitute retaliation for the purposes of subsection (1):

    1.  Dismissing a person from employment or suspending or disciplining the person.

    2.  Imposing a penalty on a person.

    3.  Intimidating, coercing or harassing a person.

May not discourage reporting

   (3)  None of the following persons shall do anything that discourages, is aimed at discouraging or that has the effect of discouraging a person from doing anything mentioned in clause (1) (a) or (b):

    1.  A consultant lobbyist or an in-house lobbyist within the meaning of section 5 or 6.

    2.  A person or partnership that employs an in-house lobbyist within the meaning of section 5.

    3.  An organization that employs an in-house lobbyist within the meaning of section 6.

May not encourage failure to report

   (4)  No person mentioned in paragraphs 1, 2 and 3 of subsection (3) shall do anything to encourage a person to fail to do anything mentioned in clause (1) (a) or (b).

Protection from legal action

   (5)  No action or other proceeding shall be commenced against any person for doing anything mentioned in clause (1) (a) or (b) unless the person acted maliciously or in bad faith.

   15.  (1)  Subsection 18 (1) of the Act is repealed and the following substituted:

Offences

Returns by consultant lobbyists

   (1)  Every individual who fails to comply with subsection 4 (1), (4), (5) or (8) is guilty of an offence.

   (2)  Subsection 18 (2) of the Act is repealed and the following substituted:

Returns by senior officers

   (2)  Every individual who fails to comply with subsection 5 (1), (2), (3), (4) or (5) is guilty of an offence.

   (3)  Subsection 18 (3) of the Act is repealed and the following substituted:

Same

   (3)  Every individual who fails to comply with subsection 6 (1), (3), (3.1) or (4) is guilty of an offence.

   (4)  Subsections 18 (5), (6) and (7) of the Act are repealed.

   (5)  Subsection 18 (7.1) of the Act is repealed and the following substituted:

Public funds, etc.

   (7.1)  Every individual who fails to comply with section 3.1 is guilty of an offence.

   (6)  Section 18 of the Act is amended by adding the following subsection:

Contingent payments

   (7.2)  Every individual who fails to comply with section 3.2 is guilty of an offence.

   (7)  Section 18 of the Act is amended by adding the following subsection:

Conflict of interest

   (7.3)  Every individual who fails to comply with section 3.3 is guilty of an offence.

   (8)  Section 18 of the Act is amended by adding the following subsection:

Placing public office holders into conflict of interest

   (7.4)  Every individual who fails to comply with section 3.4 is guilty of an offence.

   (9)  Section 18 of the Act is amended by adding the following subsection:

Whistle-blowing retaliation

   (7.5)  Every individual who contravenes subsection 17.13 (1), (3) or (4) is guilty of an offence.

   (10)  Subsection 18 (8) of the Act is repealed and the following substituted:

Penalty

   (8)  Upon conviction of an offence under this section, an individual is liable,

  (a)  for a first offence, to a fine of not more than $25,000; and

  (b)  for each subsequent offence, to a fine of not more than $100,000.

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

Review of Act

Review of Act

   18.1  A committee of the Legislative Assembly shall,

  (a)  begin a comprehensive review of this Act no later than the fifth anniversary of the day on which section 16 of Schedule 8 to the Public Sector and MPP Accountability and Transparency Act, 2014 comes into force; and

  (b)  make recommendations to the Assembly within one year after beginning that review concerning amendments to this Act.

   17.  (1)  Clause 19 (a) of the Act is repealed.

   (2)  Section 19 of the Act is amended by adding the following clause:

(d.1) governing any notice required to be given by this Act, including prescribing when a notice given by registered mail is deemed to be received;

Commencement

   18.  This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 9
Amendments to the Ombudsman Act and Related Amendments

Ombudsman Act

   1.  (1)  Section 1 of the Ombudsman Act is amended by adding the following definitions:

“local board” means, except in section 14.1,

  (a)  a local board as defined in subsection 1 (1) of the Municipal Act, 2001 and subsection 3 (1) of the City of Toronto Act, 2006, other than any local board prescribed by regulations made under clause (2) (a) of this Act,

  (b)  any body prescribed by regulations made under clause (2) (b); (“conseil local”)

“municipally-controlled corporation” means,

  (a)  a municipally-controlled corporation as defined in section 223.1 of the Municipal Act, 2001;

  (b)  a city-controlled corporation as defined in section 156 of the City of Toronto Act, 2006; and

   (c)  any corporation prescribed by regulations made under clause (2) (c); (“société contrôlée par une municipalité”)

“municipal Ombudsman” means an Ombudsman, if any, appointed by a municipality under the Municipal Act, 2001 or the Ombudsman appointed under subsection 170 (1) of the City of Toronto Act, 2006, as the case may be; (“ombudsman municipal”)

“municipal sector entity” means,

  (a)  a municipality;

  (b)  a local board; and

   (c)  a municipally-controlled corporation; (“entité du secteur municipal”)

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

“public sector body” means,

  (a)  a governmental organization; and

  (b)  any other entity to which this Act applies under section 13; (“organisme du secteur public”)

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

“school board” means a board as defined in subsection 1 (1) of the Education Act; (“conseil scolaire”)

   (4)  Section 1 of the Act is amended by adding the following definition:

“university” means a university in Ontario that receives regular direct operating funding from the Government. (“université”)

   (5)  Section 1 of the Act is amended by adding the following subsection:

Regulations

   (2)  The Lieutenant Governor in Council may make regulations,

  (a)  exempting local boards from the definition of “local board” in subsection (1);

  (b)  prescribing bodies that perform a public function as local boards for the purposes of the definition of “local board” in subsection (1);

   (c)  prescribing corporations that perform a public function as municipally-controlled corporations for the purposes of the definition of “municipally-controlled corporation” in subsection (1).

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

Head of public sector body, municipal sector entity

Municipality

   1.1  (1)  For the purposes of this Act, the head of a public sector body that is a municipality is,

  (a)  a member of the council of the municipality, or a committee of the council, designated by by-law of the municipality as head; or

  (b)  if no member or committee is designated, the council.

Local board

   (2)  For the purposes of this Act, the head of a public sector body that is a local board is,

  (a)  a member of the local board, or a committee of the local board, designated in writing by the members of the local board as head; or

  (b)  if no member or committee is designated, the members of the local board.

Municipally-controlled corporation

   (3)  For the purposes of this Act, the head of a public sector body that is a municipally-controlled corporation shall be determined in accordance with regulations made under subsection (4).

Regulations

   (4)  The Lieutenant Governor in Council may make regulations governing the determination of the head of a public sector body that is a municipally-controlled corporation.

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

Head of public sector body, school board

   1.2  For the purposes of this Act, the head of a public sector body that is a school board is,

  (a)  a member or employee of the school board designated by the school board as head; or

  (b)  if no one is designated, the director of education for the school board.

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

Head of public sector body, university

   1.3  For the purposes of this Act, the head of a public sector body that is a university is,

  (a)  a member of the governing body of the university or other officer or employee of the university, or a committee of the governing body, designated by the governing body as head; or

  (b)  if no person or committee is designated, the president of the university.

   5.  (1)  Section 13 of the Act is amended by adding the following subsection:

Application to municipal sector entities

   (2)  This Act applies to municipal sector entities.

   (2)  Section 13 of the Act is amended by adding the following subsection:

Application to school boards

   (3)  This Act applies to school boards.

   (3)  Section 13 of the Act is amended by adding the following subsection:

Application to universities

   (4)  This Act applies to universities.

   6.  (1)  Subsection 14 (1) of the Act is amended by striking out “a governmental organization” and substituting “a public sector body”.

   (2)  Subsections 14 (2.1), (2.2), (2.3), (2.4), (2.5) and (2.6) of the Act are repealed.

   (3)  Subsection 14 (3) of the Act is amended by striking out “or organization” and substituting “or body”.

   (4)  Subsection 14 (4) of the Act is amended by adding the following clause:

(a.1) in respect of which there is, under any by-law or resolution of a school board, a right of appeal or objection, or a right to apply for a hearing or review, on the merits of the case to a designated school board official or employee, or to a committee constituted by or under a by-law or resolution of the school board, until that right of appeal or objection or application has been exercised in the particular case, or until after any time for the exercise of that right has expired;

   (5)  Subsection 14 (4) of the Act is amended by adding the following clause:

(a.2) in respect of which there is, under any by-law or resolution of the governing body or senate of a university, a right of appeal or objection, or a right to apply for a hearing or review, on the merits of the case to a designated university official or employee, or to a committee or tribunal constituted by or under a by-law or resolution of the governing body or senate, until that right of appeal or objection or application has been exercised in the particular case, or until after any time for the exercise of that right has expired;

   (6)  Clause 14 (4) (b) of the Act is repealed and the following substituted:

  (b)  of any person acting as legal adviser to the public sector body or as counsel to the public sector body in relation to any proceedings, or, in the case of a public sector body that is a governmental organization, a legal adviser or counsel to the Crown.

   (7)  Section 14 of the Act is amended by adding the following subsections:

Same

   (4.1)  For greater certainty, clause (4) (a) includes rights established under by-laws made by a municipal sector entity under any Act.

Municipal Ombudsman, Toronto

   (4.2)  Nothing in this Act empowers the Ombudsman to investigate a complaint respecting any decision, recommendation, act or omission that is within the jurisdiction of the municipal Ombudsman for the City of Toronto.

Same, other municipalities

   (4.3)  Nothing in this Act empowers the Ombudsman to investigate a complaint respecting any decision, recommendation, act or omission that is within the jurisdiction of any other municipal Ombudsman unless,

  (a)  a complaint respecting the matter was made to the municipal Ombudsman and he or she refused to investigate the matter, or conducted and concluded an investigation into the matter; or

  (b)  the time, if any, for bringing a complaint respecting the matter to the municipal Ombudsman for investigation has expired.

Other municipal matters

   (4.4)  Subsection (4.3) applies with necessary modifications in respect of a matter that is within the jurisdiction of,

  (a)  an Integrity Commissioner, registrar or Auditor General appointed under Part V.1 of the Municipal Act, 2001; or

  (b)  an Integrity Commissioner, registrar or Auditor General appointed under Part V of the City of Toronto Act, 2006.

Investigation on own motion

   (4.5)  For greater certainty, subsections (4.2), (4.3) and (4.4) do not affect the Ombudsman’s ability under subsection (2) to investigate on his or her own motion.

   (8)  Subsection 14 (5) of the Act is repealed and the following substituted:

Application to determine jurisdiction

   (5)  If any question arises whether the Ombudsman has jurisdiction to investigate any case or class of cases under this Act, the Ombudsman or any person who is directly affected may apply to the Divisional Court for a declaratory order determining the question.

   7.  (1)  The Act is amended by adding the following section:

Specific powers of investigation re municipalities, local boards

   14.1  (1)  This section applies in the circumstances described in clause 239.1 (b) of the Municipal Act, 2001 or clause 190.1 (1) (b) of the City of Toronto Act, 2006, as the case may be.

Definition

   (2)  In this section,

“local board” means,

  (a)  when used in relation to a municipality other than the City of Toronto, a local board as defined in subsection 238 (1) of the Municipal Act, 2001; and

  (b)  when used in relation to the City of Toronto, a local board as defined in subsection 3 (1) of the City of Toronto Act, 2006 to which section 189 of that Act applies.

Investigation by Ombudsman

   (3)  If a person makes a request under clause 239.1 (b) of the Municipal Act, 2001 or clause 190.1 (1) (b) of the City of Toronto Act, 2006, the Ombudsman may, as the case may be, investigate,

  (a)  whether a municipality or local board of a municipality has complied with section 239 of the Municipal Act, 2001 or a procedure by-law under subsection 238 (2) of that Act in respect of a meeting or part of a meeting that was closed to the public; or

  (b)  whether the City of Toronto or a local board of the City has complied with section 190 of the City of Toronto Act, 2006 or a procedure by-law under subsection 189 (2) of that Act in respect of a meeting or part of a meeting that was closed to the public.

Application of Act

   (4)  Subject to subsection (5), this Act applies to an investigation under subsection (3).

Exceptions

   (5)  Subsections 14 (4) and 18 (4) and (5), sections 20 and 21 and subsections 22 (1) and 25 (3) and (4) do not apply to an investigation under subsection (3).

Interpretation

   (6)  For the purposes of subsection (4), the remaining provisions of this Act apply with necessary modifications to a municipality or local board as if it were a governmental organization, and, for the purpose,

  (a)  the reference in subsection 19 (3) to the Public Service of Ontario Act, 2006 shall be read as a reference to the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be; and

  (b)  if subsection 19 (3.1) does not contain a reference to the Municipal Freedom of Information and Protection of Privacy Act, the reference in that subsection to the Freedom of Information and Protection of Privacy Act shall be read as a reference to the Municipal Freedom of Information and Protection of Privacy Act.

Report and recommendations

   (7)  If, after completing an investigation under subsection (3), the Ombudsman is of opinion that the meeting or part of the meeting that was the subject-matter of the investigation appears to have been closed to the public contrary to section 239 of the Municipal Act, 2001 or to a procedure by-law under subsection 238 (2) of that Act or contrary to section 190 of the City of Toronto Act, 2006 or to a procedure by-law under subsection 189 (2) of that Act, as the case may be, the Ombudsman shall report his or her opinion, and the reasons for it, to the municipality or local board, as the case may be, and may make such recommendations as he or she thinks fit.

Reports to be public

   (8)  The municipality or local board shall ensure that reports received under subsection (7) by the municipality or local board, as the case may be, are made available to the public.

Ombudsman may publish report

   (9)  The Ombudsman may, after making a report under subsection (7), publish the report or otherwise make it available to the public.

   (2)  Subsection 14.1 (5) of the Act, as enacted by subsection (1), is amended by striking out “Subsections 14 (4) and 18 (4) and (5)” at the beginning and substituting “Subsections 14 (4) and 18 (5.1)”.

   (3)  Subsection 14.1 (6) of the Act, as enacted by subsection (1), is repealed and the following substituted:

Interpretation

   (6)  For the purposes of subsection (4), the remaining provisions of this Act apply with necessary modifications to a municipality or local board as if it were a public sector body that is a municipal sector entity.

   8.  Section 15 of the Act is amended by adding the following subsections:

Application of rules

   (2.1)  Rules made under this section in respect of governmental organizations apply in respect of all public sector bodies, unless this Act or the rules expressly provide otherwise.

Exception

   (2.2)  Any rules relating to the operation of subsection 21 (4) or (5) apply only to public sector bodies that are governmental organizations.

   9.  (1)  Subsection 18 (1) of the Act is amended by striking out “the head of the governmental organization” and substituting “the head of the public sector body”.

   (2)  Subsection 18 (3) of the Act is amended by,

  (a)  striking out “any governmental organization” and substituting “any public sector body”; and

  (b)  striking out “that organization” and substituting “that public sector body”.

   (3)  Section 18 of the Act is amended by adding the following subsections:

Documents provided by Ombudsman

   (3.1)  The following rules apply with respect to any documents provided by the Ombudsman to a public sector body or person under subsection (3) for the purposes of giving the public sector body or person an opportunity to make representations:

    1.  The documents shall be maintained by the public sector body or person in confidence and shall not be disclosed except as authorized by the Ombudsman.

    2.  Despite any recordkeeping or records retention requirements, rules or policies, whether established under an Act or otherwise, that apply to the public sector body or person,

            i.  the public sector body or person shall return the documents to the Ombudsman on his or her request, and

           ii.  no copy of any of the documents shall be retained by the public sector body or person.

Prevails over FIPPA, MFIPPA

   (3.2)  Subsection (3.1) prevails over the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act, as the case may be.

   (4)  Subsection 18 (4) of the Act is amended by striking out “any investigation” and substituting “any investigation respecting a governmental organization”.

   (5)  Subsection 18 (5) of the Act is amended by striking out “in relation to any investigation” and substituting “in relation to any investigation respecting a governmental organization”.

   (6)  Section 18 of the Act is amended by adding the following subsection:

Consultation, municipal sector entities

   (5.1)  Subsections (4) and (5) apply with necessary modifications to any investigation respecting a municipal sector entity, except that,

  (a)  the reference to an investigation respecting a governmental organization shall be read as a reference to an investigation respecting a municipal sector entity; and

  (b)  the reference to a minister shall be read as a reference to the municipality.

   (7)  Section 18 of the Act is amended by adding the following subsection:

Consultation, school boards

   (5.2)  Subsections (4) and (5) apply with necessary modifications to any investigation respecting a school board, except that,

  (a)  the reference to an investigation respecting a governmental organization shall be read as a reference to an investigation respecting a school board; and

  (b)  the reference to a minister shall be read as a reference to the head for the school board under section 1.2.

   (8)  Section 18 of the Act is amended by adding the following subsection:

Consultation, universities

   (5.3)  Subsections (4) and (5) apply with necessary modifications to any investigation respecting a university, except that,

  (a)  the reference to an investigation respecting a governmental organization shall be read as a reference to an investigation respecting a university; and

  (b)  the reference to a minister shall be read as a reference to the head for the university under section 1.3.

   (9)  Subsection 18 (6) of the Act is amended by striking out “any governmental organization” and substituting “any public sector body”.

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

Meetings to be closed to the public

   18.1  (1)  Despite any other Act, any meeting or part of a meeting held by the governing body or senate of a university or the executive committee of the governing body or senate, or by any governmental organization prescribed under subsection (2), shall be closed to the public if the subject matter being considered is an ongoing investigation under this Act respecting the university or governmental organization, as the case may be.

Regulations

   (2)  The Lieutenant Governor in Council may make regulations prescribing governmental organizations for the purposes of subsection (1).

   11.  (1)  Subsection 19 (1) of the Act is amended by striking out “any governmental organization” and substituting “any public sector body”.

   (2)  Clause 19 (2) (b) of the Act is amended by striking out “any governmental organization” and substituting “any public sector body”.

   (3)  Subsection 19 (3) of the Act is amended by striking out “the Public Service of Ontario Act, 2006” and substituting, “the Public Service of Ontario Act, 2006, the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be”.

   (4)  Subsection 19 (3.1) of the Act is amended by adding “the Municipal Freedom of Information and Protection of Privacy Act” after “the Freedom of Information and Protection of Privacy Act”.

   12.  (1)  Subsection 21 (3) of the Act is amended in the portion after clause (g) by,

  (a)  striking out “the appropriate governmental organization” and substituting “the appropriate public sector body”;

  (b)  striking out “the governmental organization” and substituting “the public sector body”; and

  (c)  striking out “and the Ombudsman shall also send a copy of his or her report and recommendations to the minister concerned” at the end.

   (2)  Section 21 of the Act is amended by adding the following subsection:

Same

   (3.1)  In the case of an investigation respecting a governmental organization, the Ombudsman shall also send a copy of the report and recommendations to the appropriate minister.

   (3)  Section 21 of the Act is amended by adding the following subsection:

Same

   (3.2)  In the case of an investigation respecting a local board or municipally-controlled corporation, the Ombudsman shall also send a copy of the report and recommendations to the municipality.

   (4)  Section 21 of the Act is amended by adding the following subsection:

Same

   (3.3)  In the case of an investigation respecting a school board, the Ombudsman shall also send a copy of the report and recommendations to the head of the school board under section 1.2.

   (5)  Section 21 of the Act is amended by adding the following subsection:

Same

   (3.4)  In the case of an investigation respecting a university, the Ombudsman shall also send a copy of the report and recommendations to the head of the university under section 1.3.

   (6)  Subsection 21 (4) of the Act is amended by adding “In the case of a report respecting a governmental organization” at the beginning.

   (7)  Section 21 of the Act is amended by adding the following subsection:

Other reports may be made public

   (6)  In the case of a report respecting a public sector body other than a governmental organization, the Ombudsman may, after making the report, publish the report or otherwise make it available to the public.

   13.  (1)  Subsection 25 (1) of the Act is amended by striking out “any governmental organization” and substituting “any public sector body”.

   (2)  Subsection 25 (2) of the Act is repealed and the following substituted:

Notice of entry

   (2)  Before entering any premises under this section, the Ombudsman shall,

  (a)  notify the head of the public sector body; and

  (b)  provide the head a reasonable opportunity to give reasons why entry to the premises is not appropriate.

   (3)  Section 25 of the Act is amended by adding the following subsections:

Private dwellings

   (2.1)  Despite subsection (1), the Ombudsman shall not enter a place that is being used as a dwelling, except with the consent of the occupier or under the authority of a warrant issued under subsection (2.2).

Warrant

   (2.2)  A justice of the peace may issue a warrant authorizing a person to enter a place being used as a dwelling if the justice of the peace is satisfied, on evidence under oath or affirmation, that there are reasonable grounds to believe that it is necessary to enter the place in order to carry out an investigation under this Act.

Same

   (2.3)  Any entry under the warrant shall be made at such reasonable times as may be specified in the warrant.

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

Constitutional rights and privileges relating to education

   29.  Nothing in this Act adversely affects the rights and privileges guaranteed by section 93 of the Constitution Act, 1867 and section 23 of the Canadian Charter of Rights and Freedoms, and the Ombudsman shall exercise his or her authority under this Act with respect to school boards in a manner that is consistent with and respectful of those rights and privileges.

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

Universities and academic freedom

   30.  In exercising his or her authority under this Act with respect to universities, the Ombudsman shall consider the application of the principles of academic freedom within universities.

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

Regulations re transitional matters

   31.  (1)  The Lieutenant Governor in Council may make regulations providing for transitional matters as the Lieutenant Governor in Council considers necessary or advisable to,

  (a)  facilitate the implementation of amendments to this Act made by Schedule 9 to the Public Sector and MPP Accountability and Transparency Act, 2014; and

  (b)  deal with any problems or issues arising as a result of the repeal, amendment, enactment or re-enactment of a provision of this Act by Schedule 9 to the Public Sector and MPP Accountability and Transparency Act, 2014.

Conflicts

   (2)  If there is a conflict between a regulation made under this section and a provision of this or any other Act or a provision of another regulation made under this or any other Act, the regulation made under this section prevails.

City of Toronto Act, 2006

   17.  Subsections 172 (3) and (4) of the City of Toronto Act, 2006 are repealed and the following substituted:

Application of Ombudsman Act

   (3)  Section 19 of the Ombudsman Act applies to the exercise of powers and the performance of duties by the Ombudsman under this Part and, for the purpose, references in section 19 of that Act to “any public sector body” are deemed to be references to “the City, a local board (restricted definition) or a city-controlled corporation”.

   18.  Subsection 190 (3) of the Act is repealed and the following substituted:

Other criteria

   (3)  A meeting or part of a meeting shall be closed to the public if the subject matter being considered is,

  (a)  a request under the Municipal Freedom of Information and Protection of Privacy Act, if the city council, board, commission or other body is the head of an institution for the purposes of that Act; or

  (b)  an ongoing investigation respecting the City, a local board or a city-controlled corporation by the Ombudsman appointed under the Ombudsman Act, the Ombudsman appointed under subsection 170 (1) of this Act, or the investigator referred to in subsection 190.2 (1).

Education Act

   19.  (1)  Subsection 207 (1) of the Education Act is amended by striking out “The meetings of a board and, subject to subsection (2), meetings of a committee of the board” at the beginning and substituting “Subject to subsections (2) and (2.1), the meetings of a board and the meetings of a committee of the board”.

   (2)  Section 207 of the Act is amended by adding the following subsection:

Closing of meetings re certain investigations

   (2.1)  A meeting of a board or of a committee of a board, including a committee of the whole board, shall be closed to the public when the subject-matter under consideration involves an ongoing investigation under the Ombudsman Act respecting the board.

Ministry of Correctional Services Act

   20.  Section 57.7 of the Ministry of Correctional Services Act is amended by striking out “a governmental organization” and substituting “a public sector body”.

Municipal Act, 2001

   21.  Subsections 223.14 (3) and (4) of the Municipal Act, 2001 are repealed and the following substituted:

Application of Ombudsman Act

   (3)  Section 19 of the Ombudsman Act applies to the exercise of powers and the performance of duties by the Ombudsman under this Part and, for the purpose, references in section 19 of that Act to “any public sector body” are deemed to be references to “the municipality, a local board or a municipally-controlled corporation”.

   22.  Subsection 239 (3) of the Act is repealed and the following substituted:

Other criteria

   (3)  A meeting or part of a meeting shall be closed to the public if the subject matter being considered is,

  (a)  a request under the Municipal Freedom of Information and Protection of Privacy Act, if the council, board, commission or other body is the head of an institution for the purposes of that Act; or

  (b)  an ongoing investigation respecting the municipality, a local board or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman referred to in subsection 223.13 (1) of this Act, or the investigator referred to in subsection 239.2 (1).

Miscellaneous Amendment

Legislative Assembly Statute Law Amendment Act, 1999

   23.  Subsection 4 (2) of the Legislative Assembly Statute Law Amendment Act, 1999 is repealed.

Commencement

Commencement

   24.  (1)  Subject to subsection (2), this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Same

   (2)  Section 23 comes into force on the day the Public Sector and MPP Accountability and Transparency Act, 2014 receives Royal Assent.

 

Schedule 10
Amendments to the Provincial Advocate for Children and Youth Act, 2007

   1.  Section 1 of the Provincial Advocate for Children and Youth Act, 2007 is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause:

  (d)  conduct investigations and make recommendations to improve children’s aid society services and services provided by residential licensees where a children’s aid society is the placing agency.

   2.  (1)  The definition of “advocacy” in subsection 2 (1) of the Act is amended by striking out “sections 15 and 16” and substituting “subsection 15 (1) and section 16”.

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

“Child and Family Services Review Board” means the Child and Family Services Review  Board continued under Part IX of the Child and Family Services Act; (“Commission de révision des services à l’enfance et à la famille”)

“children’s aid society service” means the functions of a children’s aid society listed in subsection 15 (3) of the Child and Family Services Act; (“service d’une société d’aide à l’enfance”)

“Director” means the Director appointed under subsection 5 (1) of the Child and Family Services Act; (“directeur”)

“director of investigations” means the director of investigations appointed under section 4; (“directeur des enquêtes”)

“Ministry” means the Ministry of the Minister; (“ministère”)

“placing agency” means a children’s aid society that places a child in residential care or foster care; (“agence de placement”)

“residential licensee” means a licensee within the meaning of subsection 3 (1) of the Child and Family Services Act; (“titulaire de permis d’un foyer”)

“service”, for the purposes of clauses 1 (d) and 15 (2) (b), has the same meaning as in subsection 3 (1) of the Child and Family Services Act, except it does not include a youth justice service; (“service”)

“systemic investigation” means an investigation under subsection 15 (2) concerning a group of children that may lead to recommendations relevant to children who are in similar circumstances; (“enquête systémique”)

   3.  Section 4 of the Act is amended by adding the following subsections:

Director of investigations, appointment

   (2)  The Advocate shall appoint a director of investigations to oversee and manage the investigative function of the office as described in subsection 15 (2).

Same, qualifications

   (3)  The director of investigations must be a person with significant experience in investigations and child protection.

   4.  Section 6 of the Act is amended by adding the following subsection:

Same

   (1.1)  The Advocate continues to hold office after the expiry of his or her term until a successor is appointed.

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

Staff, investigative team

   13.1  (1)  The director of investigations shall, from among staff retained by the Advocate under section 13, establish an investigative team,

  (a)  to conduct investigations under section 16.1; and

  (b)  to provide advice and guidance to the Advocate with respect to investigations.

Qualifications

   (2)  The investigative team must consist of individuals with significant experience in investigations and child protection and may also include individuals with significant experience in other areas relevant to investigations such as pediatric health services, children’s mental health services or child development services.

Separation of investigative function from advocacy function

   (3)  The director of investigations and the investigative team shall not concurrently conduct investigations and provide advocacy under subsection 15 (1).

No sharing of information

   (4)  Subject to section 21.1, the Advocate, the director of investigations and the investigative team shall not share information respecting an investigation, including personal information, with anyone, including staff retained by the Advocate other than the Advocate and members of the investigative team, unless,

  (a)  the Advocate reasonably believes that the disclosure is necessary to eliminate or reduce a significant risk of death or serious bodily harm to a person or group;

  (b)  the disclosure is authorized or required by law; or

   (c)  the disclosure is necessary for the purposes of law enforcement.

   6.  Subsection 14 (2) of the Act is amended by striking out “section 21” at the end and substituting “section 21 or 21.1”.

   7.  Section 15 of the Act is amended by adding the following subsections:

Same, investigative function

   (2)  In addition to the functions set out in subsection (1), the Advocate has the function of  investigating any matter that comes to his or her attention from any source or on the Advocate’s own initiative concerning a child or group of children, including a systemic investigation, with respect to,

  (a)  a children’s aid society service; or

  (b)  a service provided by a residential licensee where a children’s aid society is the placing agency.

Application to Divisional Court to determine jurisdiction

   (3)  If any question arises whether the Advocate has jurisdiction to investigate any matter under this Act, the Advocate may, if he or she thinks fit, apply to the Divisional Court for a declaratory order determining the question.

Paramount purpose and principles

   (4)  In carrying out the functions of the Advocate under this section, the Advocate shall have regard to,

  (a)  the paramount purpose of the Child and Family Services Act, to promote the best interests, protection and well-being of children; and

  (b)  the principles expressed in the United Nations Convention on the Rights of the Child.

   8.  (1)  Subsection 16 (1) of the Act is amended by striking out “In carrying out the functions of the Advocate” at the beginning in the portion before clause (a) and substituting “In carrying out the functions of the Advocate under subsection 15 (1)”.

   (2)  Subsection 16 (3) of the Act is amended by adding “Except in relation to the Advocate’s investigative function under subsection 15 (2)” at the beginning.

   (3)  Section 16 of the Act is amended by adding the following subsection:

Power not to investigate a matter

   (4.1)  The Advocate may in his or her discretion decide not to investigate, or, as the case may require, not to further investigate any matter if in his or her opinion, one of the following applies:

    1.  It appears to the Advocate that under the law or existing administrative practice there is an adequate remedy in respect of the matter, whether or not the person raising the matter has availed himself, herself, or itself of it.

    2.  The person who raised the matter with the Advocate has not a sufficient personal interest in the subject matter that was raised.

    3.  The matter is trivial, frivolous or vexatious or is not raised in good faith.

    4.  A child who is the subject of or affected by the matter indicates that he or she does not want the matter to be pursued.

   (4)  Subsection 16 (5) of the Act is repealed and the following substituted:

Reasons to be given

   (5)  The Advocate shall give the complainant or the person who raised an investigation matter with the Advocate notice in writing of the Advocate’s decision and of the reasons for the decision, where the Advocate decides,

  (a)  not to act on a complaint under subsection 16 (1) or to take no further action with regard to a complaint; or

  (b)  not to investigate a matter under section 16.1 or further investigate the matter.

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

Powers re investigative function

   16.1  (1)  In relation to the Advocate’s investigative function under subsection 15 (2), the Advocate may hear or obtain information from such persons as he or she thinks may be relevant to the investigation and may make such inquiries as he or she thinks may be relevant to the investigation.

Hearing not necessary

   (2)  For the purposes of subsection (1), it is not necessary for the Advocate to hold a hearing and no person is entitled as of right to be heard by the Advocate.

Opportunity to make representations

   (3)  Despite subsection (2), if at any time during the course of an investigation it appears to the Advocate that there may be sufficient grounds for him or her to make a report or recommendation that may adversely affect any of the following persons or entities, the Advocate shall give to the person or entity an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel:

    1.  The Minister.

    2.  A children’s aid society.

    3.  A residential licensee.

    4.  Any other person or entity.

Compelling information or documents

   (4)  In carrying out his or her investigative function, the Advocate may require any officer, employee or member of any person or entity listed in subsection (3) or any other person or entity who, in the Advocate’s opinion, is able to give information relating to any matter that is being investigated by the Advocate,

  (a)  to furnish the information; and

  (b)  to produce any documents or things which, in the Advocate’s opinion, relate to the matter and which may be in the possession or under the control of the person or entity.

Same, duty to furnish

   (5)  A person or entity referred to in subsection (4) shall furnish the information and produce the document or things to the Advocate when requested to do so.

Examination under oath

   (6)  In carrying out his or her investigative function, the Advocate may summon any of the following individuals before him or her to examine on oath, and for that purpose may administer an oath:

    1.  An individual,

            i.  who is an officer, employee or member of any person or entity listed in subsection (3), and

           ii.  who, in the Advocate’s opinion, is able to give any information relevant to the investigation.

    2.  Any other individual who, in the Advocate’s opinion, is able to give any information  relevant to the investigation.

Secrecy

   (7)  No person who is bound by the provisions of any Act, other than the Public Service of Ontario Act, 2006, to maintain secrecy in relation to, or not to disclose, any matter shall be required to supply any information to or answer any question put by the Advocate in relation to that matter, or to produce to the Advocate any document or thing relating to it, if compliance with that requirement would be in breach of the obligation of secrecy or non-disclosure.

Providing personal information despite privacy Acts

   (8)  Any person who is subject to the Freedom of Information and Protection of Privacy Act, the Municipal Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004 is not prevented by any provisions of those Acts from providing personal information to the Advocate when the Advocate requires the person to provide the information as part of an investigation.

Privileges

   (9)  For the purposes of this section, every person has the same privileges in relation to the giving of information, the answering of questions and the production of documents and things as witnesses have in any court.

Protection

   (10)  Except on the trial of any person for perjury in respect of the person’s sworn testimony, no statement made or answer given by that or any other person in the course of any investigation by the Advocate is admissible in evidence against any person in any court or at any inquiry or in any other proceedings.

Right to object to answer

   (11)  A person giving a statement or answer in the course of any investigation by the Advocate shall be informed by the Advocate of the right to object to answer any question under section 5 of the Canada Evidence Act.

Prosecution

   (12)  No person is liable to prosecution for an offence against any Act, other than this Act, by reason of his or her compliance with any requirement of the Advocate with respect to providing evidence.

Fees

   (13)  Where any person is required by the Advocate to attend before him or her for the purposes of providing evidence, the person is entitled to the same fees, allowances, and expenses as if he or she were a witness in the Superior Court of Justice, and the provisions of any Act, regulation or rule in that behalf apply accordingly.

Advocate may consult Minister, etc.

   16.2  (1)  The Advocate may, in his or her discretion, at any time during or after an investigation, consult the Minister or the administrative head of a children’s aid society or residential licensee or other person or entity who is concerned in the matter of the investigation.

Advocate must consult Minister, etc.

   (2)  On the request of the Minister or a children’s aid society or residential licensee or other person or entity in relation to any investigation, or in any case where any investigation relates to any recommendation made to the Minister, a children’s aid society or residential licensee or other person or entity, the Advocate shall consult the Minister, children’s aid society or residential licensee or other person or entity after making the investigation and before forming a final opinion.

Breach of duty or misconduct

   (3)  If during or after an investigation the Advocate is of the opinion that there is evidence of a breach of duty or of misconduct on the part of any officer or employee employed at the Ministry or by a children’s aid society or residential licensee or other entity, the Advocate may refer the matter to the appropriate authority.

Disclosure of certain matters not required

   16.3  (1)  The Advocate shall not require, in the carrying out of his or her investigative function, any information or answer to be given or, as the case may be, a document or thing to be produced where the Attorney General certifies that the giving of the information or the answering of the question or the production of the document or thing,

  (a)  might interfere with or impede the investigation,  detection or prosecution of an offence; or

  (b)  might reveal the substance of deliberations of the Executive Council or any of its Committees without authority to do so.

Same

   (2)  The Advocate may not require the provision of information, the production of a document or thing or the giving of an answer if the provision, production or answer might disclose,

  (a)  information that is subject to solicitor-client privilege; or

  (b)  information prepared by or for counsel for a Ministry or a public body for use in giving legal advice or in the contemplation of for the use in litigation.

Matters excluded from investigation

   16.4  (1)  The Advocate is prohibited from investigating any of the following matters:

    1.  Subject to subsection (2), child deaths that fall within the jurisdiction of the Office of the Chief Coroner or of any committees that report to the Office of Chief Coroner.

    2.  Subject to subsection (2), matters that are eligible for review by or have been decided by the Child and Family Services Review Board.

    3.  Matters that are the subject of licensing inspections or Crown ward reviews under the Child and Family Services Act or the subject of inspections or reviews by the Ministry, where the investigation by the Advocate would, in the opinion of the Director, interfere with the inspection or review.

    4.  Matters that are eligible for resolution by a complaints or review process under this Act or the Child and Family Services Act, other than the reviews referred to in paragraphs 2 and 3, until after the complaints or review process is completed.

    5.  Matters where another investigative authority is conducting an investigation, until after that investigation is completed.

    6.  Matters where there is, under any Act, a right of appeal or objection or a right to apply for a hearing or review on the merits of the matter to any court or tribunal,

            i.  until the right of appeal or objection or application has been exercised in the matter, or

           ii.  until after any time for the exercise of the right has expired.

Exception, systemic investigations

   (2)  If the Advocate determines that a systemic investigation is necessary to promote the best interests, protection and well-being of children and the principles expressed in the United Nations Convention on the Rights of the Child, the Advocate may conduct a systemic investigation into matters referred to in paragraphs 1 and 2 of subsection (1), but may only do so after the processes for dealing with the matters referred to in paragraphs 1 and 2 have been completed.

   10.  Section 17 of the Act is repealed and the following substituted:

Notice of review

   17.  (1)  Where the Advocate intends to undertake an investigation or systemic review, the Advocate shall advise,

  (a)  the Minister or the administrative head of the children’s aid society or the residential licensee that is to be affected of the intention to conduct the investigation; or

  (b)  the Minister or the administrative head of the Ministry, agency, service provider or other entity that is to be affected of the intention to conduct the review.

Same

   (2)  Where a matter comes to the attention of the Advocate that could be investigated under clause 15 (2) (b), the Advocate shall advise the Director of the matter, whether or not the Advocate intends to conduct an investigation.

   11.  (1)  Paragraph 3 of section 20 of the Act is amended by adding “Subject to paragraph 3.1” at the beginning.

   (2)  Section 20 of the Act is amended by adding the following paragraph:

  3.1  The Advocate may directly or indirectly collect personal information about an individual without consent during an investigation conducted pursuant to the Advocate’s investigative function under subsection 15 (2), where the Advocate is of the opinion that the collection is reasonably necessary to the investigation.

   (3)  Paragraph 4 of section 20 of the Act is amended by adding “Subject to paragraph 4.1” at the beginning.

   (4)  Section 20 of the Act is amended by adding the following paragraph:

  4.1  The Advocate may use personal information about an individual without consent during an investigation conducted pursuant to the Advocate’s investigative function under subsection 15 (2), where the Advocate is of the opinion that the use is reasonably necessary to the investigation.

   (5)  Paragraph 5 of section 20 of the Act is amended by adding “Subject to paragraph 3.1” at the beginning.

   (6)  Paragraph 7 of section 20 of the Act is amended by adding “Subject to subsection 13.1 (4)” at the beginning.

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

Reports re investigations

Contents of report

   21.1  (1)  If the Advocate conducts an investigation under section 15, the Advocate shall, after completing the investigation, make a report,

  (a)  outlining the reasons for undertaking the investigation;

  (b)  containing recommendations for the Minister, a children’s aid society or residential licensee or any other person or entity as the Advocate considers appropriate; and

   (c)  addressing any other matters the Advocate considers appropriate.

Prohibition: identifying child

   (2)  Despite paragraph 10 of section 20, the Advocate shall not disclose in an investigative report the name of or any identifying information about the child to whom the investigation relates, and nothing in this section limits the prohibition against identifying a child set out in subsection 45 (8) of the Child and Family Services Act.

Copies of the report

   (3)  The Advocate shall provide a copy of the report to any person or entity referred to in clause (1) (b) that is directly or indirectly a subject of the investigation.

Reports to be public

   (4)  For the purposes of paragraph 10 of section 20 an investigative report under this section is a public report and the Advocate shall make copies of the report available to the public at a time and in a form and manner that the Advocate considers appropriate.

Disclosure re: recommendation or other matter

   (5)  Despite paragraph 7 of section 20, the Advocate may disclose personal information without consent to a children’s aid society or residential licensee for the purpose of explaining a recommendation contained in, or any other matter addressed in, an investigative report under this section, where the Advocate is of the opinion that the disclosure is reasonably necessary to explain the recommendation or other matter.

Notice of steps to Advocate

   (6)  The Advocate may request that any person or entity referred to in clause (1) (b) to whom a recommendation is directed notify the Advocate of the steps, if any, that the person or entity proposes to give effect to the Advocate’s recommendation.

Report to Premier and Legislative Assembly

   (7)  If within a reasonable time after the report is made no action is taken which, in the Advocate’s opinion, is adequate or appropriate, the Advocate, in his or her discretion and, after considering any comments made by or on behalf of the Minister, a children’s aid society or residential licensee or any other person or entity affected,

  (a)  may send a copy of the report and recommendations to the Premier; and

  (b)  may, after sending a copy of the report to the Premier, make such report to the Legislative Assembly on the matter as he or she thinks fit.

Inclusion of comments in report

   (8)  The Advocate shall attach to any report sent under subsection (7) any comments made by or on behalf of the Minister, a children’s aid society or residential licensee or any other person or entity affected.

Offences and Penalties

Offences

   21.2  (1)  Every person commits an offence who without lawful justification or excuse,

  (a)  wilfully obstructs, hinders or resists the Advocate or any other person in the performance of his or her functions under this Act;

  (b)  refuses or wilfully fails to comply with any lawful requirement of the Advocate or any other person under this Act; or

   (c)  wilfully makes any false statement or misleads or attempts to mislead the Advocate or any other person in the exercise of his or her functions under this Act.

Penalties

   (2)  Every person who commits an offence is liable on conviction to a fine of not more than $1,000.

   13.  The Act is amended by adding the following section immediately after the heading “Miscellaneous and Regulations”:

No review, etc.

   21.3  No proceeding of the Advocate shall be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of the Advocate is liable to be challenged, reviewed, quashed or called in question in any court.

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

Testimony

   22.1  The Advocate, the director of investigations and any member of the investigative team shall not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her investigative functions under this Act.

Commencement

   15.  This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 11
Amendments to the Public Sector Expenses Review Act, 2009

   1.  (1)  Subsections 7 (1), (2) and (3) of the Public Sector Expenses Review Act, 2009 are repealed and the following substituted:

Duty to give copies to Commissioner

   (1)  The Integrity Commissioner may require the expenses officer of a public entity selected by the Commissioner to give copies to the Commissioner of all expense claims made by the relevant designated persons during the period described in subsection (2) for expenses that are reviewable under section 3.

Duration of period

   (2)  For the purposes of subsection (1), the period consists of,

  (a)  a future period specified by the Commissioner in respect of the public entity; and

  (b)  the six months immediately preceding the specified period.

   (2)  Subsection 7 (4) of the Act is amended by striking out “An expenses officer” at the beginning and substituting “The expenses officer”.

   (3)  Subsection 7 (5) of the Act is amended by striking out “The Commissioner may make a written request to an expenses officer” at the beginning and substituting “At any time during which subsection (1) applies in respect of a public entity, the Commissioner may make a request to the expenses officer”.

   (4)  Subsection 7 (6) of the Act is repealed and the following substituted:

Compliance within specified time

   (6)  The expenses officer shall comply with a requirement or a request under this section within the time specified by the Commissioner.

Criteria for selection

   (7)  In selecting a public entity for the purposes of this section, the Commissioner shall consider the criteria prescribed under clause 10 (1) (d), and may consider any additional criteria that the Commissioner considers appropriate.

   2.  Section 8 of the Act is amended by adding the following subsection:

Transition

   (6)  This section continues to apply to expense claims given under section 7 as it read immediately before the day subsection 1 (1) of Schedule 11 to the Public Sector and MPP Accountability and Transparency Act, 2014 came into force.

   3.  (1)  Clause 10 (1) (d) of the Act is repealed and the following substituted:

  (d)  respecting criteria to be considered by the Integrity Commissioner in selecting public entities for the purposes of section 7, subject to subsection (3).

   (2)  Section 10 of the Act is amended by adding the following subsection:

Same

   (3)  Before a regulation may be made under clause (1) (d), the Minister responsible for the administration of this Act shall consult with the Integrity Commissioner.

   4.  Section 11 of the Act is repealed.

Commencement

   5.  This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 8 and does not form part of the law.  Bill 8 has been enacted as Chapter 13 of the Statutes of Ontario, 2014.

 

The Bill enacts a new Act and amends a number of other Acts. The new Act and amendments are set out in separate Schedules.

Schedule 1
Broader Public Sector Executive Compensation Act, 2014

The Lieutenant Governor in Council is given the authority to establish compensation frameworks governing the compensation of certain executives in the broader public sector. These frameworks would establish mandatory restrictions on the compensation of executives to which they would apply.

The Management Board of Cabinet is given power to obtain information regarding compensation from broader public sector employers.

Once a compensation framework applies to an employer, it and its employees are no longer bound by Part II.1 (Compensation Arrangements) of the Broader Public Sector Accountability Act, 2010.

Methods are established to recover the amounts of overpayments made contrary to the legislation.

Powers to make directives are provided for.

Schedule 2
Amendments to the Ambulance Act

The Ambulance Act is amended to allow providers of air ambulance services to be designated as “designated air ambulance service providers”.

The Lieutenant Governor in Council is given the power to appoint provincial representatives to sit on the board of a designated air ambulance service provider, and the Minister is given the power to issue directives to designated air ambulance service providers.

The regulations may deem certain provisions to be included in an agreement between Ontario and a designated air ambulance service provider.

The Lieutenant Governor in Council may appoint special investigators to investigate and report on the activities of a designated air ambulance service provider, and may appoint a supervisor to exercise all of the powers of the board of directors of a designated air ambulance service provider.

Protection is provided for whistle-blowers with regard to designated air ambulance service providers.

Provision is made for the continuance of providers of air ambulance services that were incorporated in a jurisdiction other than Ontario.

Provisions are made to protect certain parties from liability.

Related amendments are made to the offence provisions and regulation-making powers of the Act.

Schedule 3
Amendments to the Broader Public Sector Accountability Act, 2010

The Broader Public Sector Accountability Act, 2010 is amended by adding a Part V.1, authorizing the Management Board of Cabinet to issue directives requiring designated broader public sector organizations to prepare and publish business plans and any other specified business or financial documents. The Management Board of Cabinet is also authorized to make guidelines with respect to the preparation and publication of such plans and documents by publicly funded organizations.

In addition, amendments to sections 14 and 15 of the Act require local health integration networks and hospitals to prepare attestations confirming compliance with directives issued by the Management Board of Cabinet on the preparation and publication of business plans and other business or financial documents.

Schedule 4
Amendments to the Cabinet Ministers’ and Opposition Leaders’ Expenses Review and Accountability Act, 2002 and Related Amendments

The title of the Cabinet Ministers’ and Opposition Leaders’ Expenses Review and Accountability Act, 2002 is changed to the Politicians’ Expenses Review Act, 2002.  References to the current title of the Act are changed accordingly in the Freedom of Information and Protection of Privacy Act.

The Act is amended to require the publication of the allowable expenses incurred by Cabinet ministers, parliamentary assistants, Opposition leaders and their staff.  The Minister responsible for the administration of the Act (for expenses claimed by Cabinet ministers, parliamentary assistants and their staff) and the Speaker (for expenses claimed by Opposition leaders and their staff) must, within 90 days of being notified by the Integrity Commissioner that the claimed expenses are allowable expenses, post the allowable expenses on a website, including the name and title of the person who incurred the expense and other information set out in section 15 of the Act.  The Lieutenant Governor in Council is authorized to make rules about the information to be posted or not posted on the websites.

Housekeeping amendments are also made: references throughout the Act to the Chair of the Management Board of Cabinet are changed to the Minister responsible for the administration of the Act; spent provisions that dealt with transitional matters when the Act was first passed are repealed.

Schedule 5
Amendments to the Excellent Care for All Act, 2010

The Excellent Care for All Act, 2010 is amended.

The functions of the Council under that Act are expanded in the area of patient relations.

The position of patient ombudsman is created.  The patient ombudsman shall be appointed by the Lieutenant Governor in Council and employed by the Council.

The functions of the patient ombudsman are,

  (a)   to receive and respond to complaints from patients and former patients of a health sector organization, caregivers, and other persons if prescribed;

  (b)   to facilitate the resolution of complaints made by patients and former patients of a health sector organization,  caregivers, and other persons if prescribed;

  (c)   to undertake investigations of complaints made by patients and former patients of a health sector organization,  caregivers, and other persons if prescribed, and to undertake investigations of health sector organizations on the patient ombudsman’s own initiative;

  (d)   to make recommendations to health sector organizations following the conclusion of investigations; and

  (e)   to do anything else provided for in the regulations.

Provisions concerning complaint facilitation, investigations, reports and other matters are included.

Assorted amendments of a housekeeping nature are also made.

Schedule 6
Amendments to the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act

The Freedom of Information and Protection of Privacy Act is amended by adding a duty for heads to ensure that measures are in place to preserve the records in their institution in accordance with applicable laws, rules and policies.

In addition, section 61 of the Act, dealing with offences, is amended to,

  (a)   add the wilful concealment, alteration or destruction of records as an offence;

  (b)   in a prosecution for the new offence, increase the six month limitation period currently applicable to offences under the section to two years from the day evidence of the offence is discovered; and

  (c)   state that in a prosecution for an offence under the section, the court may take precautions such as conducting hearings in private or sealing court files in order to avoid the disclosure of specified information.

The same additions and amendments are made to the corresponding provisions of the Municipal Freedom of Information and Protection of Privacy Act.

Schedule 7
Amendments to the Legislative Assembly Act

The Legislative Assembly Act is amended to add section 68, which establishes a duty for the Speaker to post online information respecting payments made to members of the Assembly under section 67 of the Act for specified expenses. Subsection 68 (2) lists the information that must be posted with respect to each payment. Under subsection 68 (3), discretion is given to the Board of Internal Economy to determine the timing and manner of the posting. A related discretion is given to the Board in subsection 68 (4) to exclude information from posting in specified circumstances.

In addition, section 67 of the Act is amended to establish a duty for the Speaker to post online any amounts, limits, maximums, rules and other information that the Board of Internal Economy determines, prescribes, establishes or authorizes under that section with respect to the expenses to which section 68 applies. An archive of the amounts, limits, maximums, rules and other information must be maintained.

Schedule 8
Amendments to the Lobbyists Registration Act, 1998

A new heading is added to the Act: “Prohibited Lobbying Activities”.  The prohibitions in the current Act (in section 4.1 and subsections 18 (5) and (6)) and new prohibitions are collected together under this heading:  section 3.1 (currently section 4.1 of the Act), which prohibits consultant lobbyists from being paid from public funds to mirror the prohibition on clients against paying for lobbyist services with public funds under the Broader Public Sector Accountability Act, 2010; section 3.2, which prohibits consultant lobbyists from accepting work on a contingent payment basis; section 3.3, which prohibits consultant lobbyists from providing advice to and lobbying public office holders at the same time on the same subject matter; and section 3.4 (currently subsections 18 (5), (6) and (7) of the Act), which prohibits both consultant lobbyists and in-house lobbyists from knowingly placing a public office holder in a position of real or potential conflict of interest.

Current sections 4, 5 and 6 of the Act require the filing of returns in respect of consultant lobbyists (section 4) and in-house lobbyists (sections 5 and 6).  Section 5, which currently requires that returns be filed by the in-house lobbyists themselves, is amended to require a single filing by the senior officer of the employer, as in section 6, and to require that returns filed under section 5 contain similar information to the returns filed under section 6.  The definition of “in-house lobbyist” for the purpose of section 5 is amended to include paid directors as well as employees, and to incorporate a lobbying threshold of at least 50 hours a year (or such other number of hours as may be prescribed), either on the part of the employee or director, or taken together with the employer’s other employees and paid directors. The definition of “in-house lobbyist” for the purpose of section 6 is similarly amended.

Sections 4, 5 and 6 are further amended in the following ways:  the filed returns must indicate whether the lobbyist was previously in public office and the goal of the reported lobbying; the information currently required about government funding to a consultant lobbyist’s client or an in-house lobbyist’s employer is to be tied to the government’s previous fiscal year; other information may be required by regulation; if a lobbyist lobbies a minister or other member of the Legislative Assembly or a person on his or her staff, the return is to provide the name of the minister’s or member’s office (for example, the Minister of x or the Member for the riding of x); the deadlines for filing return confirmations under section 4 and returns under sections 5 and 6 are made more flexible by allowing filing shortly before the expiration of the previous reporting period.

The registrar’s authority in current section 15 of the Act to issue advisory opinions and interpretation bulletins is expanded to cover lobbyists’ conduct.  The registrar is authorized to issue a lobbyists’ code of conduct.

New sections 17.1 to 17.11 are added to the Act to allow the registrar to conduct investigations into any alleged non-compliance with a provision of the Act or of the regulations.  If the registrar finds that a person did not comply with the Act or the regulations, he or she may impose one or both of the following penalties:  the person may be prohibited from lobbying for up to two years, and the registrar may publicize the non-compliance, including the name of the person and any other information the registrar considers necessary to explain the finding of non-compliance.  The registrar may impose the same penalties if a person is convicted of an offence under the Act.  In both cases, the registrar is to take into account the gravity of the non-compliance or offence and the number of previous incidents of non-compliance by or convictions against the person in deciding on the penalty to be imposed.

Under new section 17.12, the Integrity Commissioner, who is appointed the registrar under the Act, is required to include information about the investigations conducted (or not conducted) in the annual report he or she makes under the Members’ Integrity Act, 1994.

Under new section 17.13, it is prohibited to retaliate against a person or threaten retaliation for making disclosures to the Integrity Commissioner or giving evidence in a proceeding.

New offences are added for non-compliance with the prohibitions added by sections 3.2, 3.3 and 17.13 of the Act.  The penalty on conviction of any offence under the Act is increased from a maximum fine of $25,000 to a maximum fine of $25,000 for a first offence and a maximum fine of $100,000 for subsequent offences.

Under new section 18.1, a committee of the Legislative Assembly must, within specified timelines, undertake a review of the Act and make recommendations concerning any amendments.

Housekeeping amendments to the Act are made as follows:  the definitions of “client”, “consultant lobbyist” and “payment” are moved from section 4 to section 1 of the Act, since they are used throughout the Act, and not only in section 4; the requirement in section 4 of the Act to report on the members of a coalition that is the consultant lobbyist’s client is rewritten to refer to an organization, which is a defined term in the Act, rather than a coalition; the French versions of the definition of “public office holder” and of the phrases “business address” and “advisory opinions” are amended, as well as the French versions of subsections 4 (5) and (8) and 6 (4); the phrase “name and business address” in sections 4, 5 and 6 are changed to “business name and address”; transitional provisions that are spent are repealed.

Schedule 9
Amendments to the Ombudsman Act and Related Amendments

The jurisdiction of the Ombudsman under the Ombudsman Act is currently limited to investigations in respect of governmental organizations. The Act is amended to expand that jurisdiction to investigations in respect of public sector bodies, which are defined as governmental organizations and any other entity to which the Act applies under section 13. The latter may include one or more of municipal sector entities (municipalities, local boards and municipally-controlled corporations), school boards and universities. Corresponding definitions for many of these terms are added to the Act.

Various amendments are made to the Act in order to reflect the expanded jurisdiction. Sections 1.1 to 1.3 are added to set out who is considered to be the head of public sector bodies that are not governmental organizations. Subsections 14 (2.1) to (2.6), which relate to a specific and existing investigation power provided for under the Municipal Act, 2001 and the City of Toronto Act, 2006, are moved into their own section, 14.1. Subsection 14 (4) of the Act is amended to carve out exceptions to the Ombudsman’s jurisdiction in the school board and university contexts, and subsections 14 (4.2) to (4.4) are added to clarify when the Ombudsman can investigate municipal sector entities respecting matters that are within the jurisdiction of a municipal Ombudsman provided for under the Municipal Act, 2001 or the City of Toronto Act, 2006, or matters that are within the jurisdiction of other specified persons appointed under those Acts.

Subsection 18 (3.1) adds rules respecting documents provided by the Ombudsman to a public sector body or person for comment before making his or her report. Section 18.1 is added to state that meetings held by a university or prescribed governmental organization relating to an ongoing investigation under the Ombudsman Act respecting the university or governmental organization must be closed to the public (corresponding amendments are made for school board meetings by way of amendments to section 207 of the Education Act, and for municipal meetings by way of amendments to section 190 of the City of Toronto Act, 2006 and section 239 of the Municipal Act, 2001). Subsection 21 (4) of the Act is limited so that the Ombudsman may only send copies of his or her report and recommendations in accordance with that subsection to the Premier, and report to the Legislative Assembly, in the case of an investigation relating to a governmental organization. However, under the new subsection 21 (6), the Ombudsman may make reports respecting other public sector bodies available to the public.

Section 25 is amended to address the entry by the Ombudsman, for the purposes of an investigation, into a dwelling; a new subsection (2.1) requires the consent of the occupier or a warrant obtained under the section. Subsection 25 (2) of the Act is amended to require the Ombudsman to give the head of a public sector entity a reasonable opportunity to give reasons why entry to premises under the section, dwelling or otherwise, is not appropriate.

Section 29 is added to confirm that specified constitutional rights respecting education must not be adversely affected by the exercise of the Ombudsman’s authority, and that the authority must be exercised in a manner consistent with and respectful of those rights. Section 30 is added to require the Ombudsman to consider principles of academic freedom when undertaking investigations relating to universities.  Section 31 authorizes regulations to be made by the Lieutenant Governor in Council in order to address transitional matters arising from these amendments, and, in the case of any conflict, such regulations prevail over any other Act or regulation.

Finally, various provisions of the Act are amended to change references to governmental organizations to public sector bodies, and to include distinct references to municipal sector entities, school boards or universities as needed.

Complementary amendments are made to the City of Toronto Act, 2006, the Education Act, the Ministry of Correctional Services Act, and the Municipal Act, 2001. Generally, these amendments reflect the changes in terminology made by the amendments to the Ombudsman Act, and take into account that the Ombudsman may investigate municipal sector entities under the Ombudsman Act.

Finally, a spent transitional provision enacted by the Legislative Assembly Statute Law Amendment Act, 1999 is repealed.

Schedule 10
Amendments to the Provincial Advocate for Children and Youth Act, 2007

The Schedule amends the Provincial Advocate for Children and Youth Act, 2007 largely to provide the Advocate with an investigative role, but also to include some housekeeping changes.

The purpose of the Act, set out in section 1, is amended to include conducting investigations with respect to children’s aid societies services and services provided by certain residential licensees.  The Advocate must appoint a director of investigations.  The director of investigations must have significant experience in investigations and child protection.

The director of investigations must establish an investigative team that consists of individuals with significant experience in investigations and child protection and may also include individuals with significant experience in other areas relevant to investigations.

Section 15, which deals with the functions of the Advocate, is amended to include the investigative function of the Advocate.  There are concomitant amendments to section 16, the powers of the Advocate, to distinguish between the powers of the Advocate with respect to his or her functions providing advocacy on behalf of children and his or her powers of investigation.

The powers of the Advocate with respect to his or her investigative function are set out in section 16.1. In certain specified situations, the Advocate is required to consult with the Minister of Children and Youth Services, a children’s aid society or residential licensee or other person or entity in relation to an investigation.

The Attorney General may certify that in certain situations the Advocate cannot require giving information, answering questions or producing documents.  In addition, the Advocate is prohibited from investigating certain listed matters.

After completing an investigation, the Advocate shall make a report outlining the reasons for undertaking the investigation, containing the Advocate’s recommendations and addressing any other matter the Advocate considers appropriate.  The Advocate shall provide a copy of the report to the person or entity to which the recommendations are addressed but shall not disclose the name of or any identifying information about the child to whom the investigation relates.  The Advocate is required to make the report public and in certain situations may send a copy to the Premier and make a report to the Legislative Assembly.

An offence section is added to the Act.

No proceeding or decision of the Advocate may be reviewed in court, except on jurisdictional grounds.  The Advocate, the director of investigations and members of the investigative team shall not be called to give evidence in court or in any proceeding of a judicial nature in respect of an investigation.

Schedule 11
Amendments to the Public Sector Expenses Review Act, 2009

Section 7 of the Public Sector Expenses Review Act, 2009 is amended to change the duty to give copies of expense claims to the Integrity Commissioner.  Under the current section, the expenses officers of each public entity must submit copies of expense claims made by the relevant designated persons during the prescribed period, and the copies must be submitted by the prescribed date or dates. The amendments to section 7 remove the general application of these requirements, and give the Commissioner the discretion to select public entities in respect of which the duty to provide copies of expense claims applies.

If a public entity is selected by the Commissioner, its expenses officer must, within the time specified by the Commissioner, submit copies of expense claims made during a future period specified by the Commissioner and during the six months immediately preceding that period. In selecting a public entity for the purposes of the amended section 7, the Commissioner must consider the prescribed criteria and may consider additional criteria as appropriate. A regulation-making authority is added to permit the Lieutenant Governor in Council to prescribe the criteria, but that authority cannot be exercised unless the Minister responsible for the administration of the Act first consults with the Commissioner.

A transition provision (subsection 8 (6)) is added to provide that expense claims given under section 7 before the amendments to that section come into force may continue to be reviewed under section 8 of the Act.

Also, section 11 of the Act, a transitional provision that is spent, is repealed.

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