Broader Public Sector Accountability Act, 2010, S.O. 2010, c. 25
Jurisdiction | Ontario |
Broader Public Sector Accountability Act, 2010
S.o. 2010, chapter 25
Consolidation Period: From June 28, 2024 to the e-Laws currency date.
Last amendment: 2023, c. 19, s. 17, 29.
CONTENTS
part i
interpretation
Interpretation
1 (1) In this Act,
“agency of the Government of Ontario” means a public body designated in regulations made under the Public Service of Ontario Act, 2006; (“organisme du gouvernement de l’Ontario”)
“broader public sector organization” means,
(a) a designated broader public sector organization, and
(b) a publicly funded organization; (“organisme du secteur parapublic”)
“consultant” means a person or entity that under an agreement, other than an employment agreement, provides expert or strategic advice and related services for consideration and decision-making; (“expert-conseil”)
“designated broader public sector organization” means,
(a) every hospital,
(b) every school board,
(c) 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,
(d) every agency designated as a children’s aid society under subsection 34 (1) of Part III of the Child, Youth and Family Services Act, 2017,
(e) Repealed: 2016, c. 30, s. 31 (2).
(f) every corporation controlled by one or more designated broader public sector organizations that exists solely or primarily for the purpose of purchasing goods or services for the designated broader public sector organization or organizations,
(g) every publicly funded organization that received public funds of 10 million dollars or more in the previous fiscal year of the Government of Ontario, and
(h) every organization that is prescribed for the purposes of this definition; (“organisme désigné du secteur parapublic”)
“hospital” means,
(a) a public hospital,
(b) a private hospital that received public funds in the previous fiscal year of the Government of Ontario, and
(c) the University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa; (“hôpital”)
“lobbyist” means an individual who acts as a consultant lobbyist within the meaning of section 4 of the Lobbyists Registration Act, 1998, and does not include an in-house lobbyist within the meaning of section 5 or 6 of that Act; (“lobbyiste”)
“lobbyist services” means services undertaken by a lobbyist that constitute lobbying within the meaning of the Lobbyists Registration Act, 1998; (“services de lobbyiste”)
“long-term care home” means a long-term care home within the meaning of the Fixing Long-Term Care Act, 2021; (“foyer de soins de longue durée”)
“Ontario Health” means the corporation continued by section 3 of the Connecting Care Act, 2019; (“Santé Ontario”)
“private hospital” means a private hospital within the meaning of the Private Hospitals Act; (“hôpital privé”)
“public funds” means the public money of the province of Ontario that is provided by the Government of Ontario or an agency of the Government of Ontario, directly to any authority, board, commission, committee, corporation, council, foundation or organization through a grant or transfer payment or other funding arrangement, and, in the case of a school board, includes money received by the school board from taxes levied under the Education Act for school purposes, but public funds does not include,
(a) money that is paid for the provision of goods or services to the Government of Ontario or an agency of the Government of Ontario,
(b) money that is paid by the Government of Ontario or an agency of the Government of Ontario under a fee for service arrangement, or
(c) money that is provided by the Government of Ontario or an agency of the Government of Ontario, by way of a loan or loan guarantee; (“fonds publics”)
“publicly funded organization” means every authority, board, commission, committee, corporation, council, foundation or organization that received public funds in the previous fiscal year of the Government of Ontario, but does not include,
(a) the Office of the Lieutenant Governor,
(b) the Office of the Assembly or the office of an officer of the Assembly,
(c) a ministry of the Government of Ontario,
(d) an agency of the Government of Ontario,
(e) a municipality,
(f) subject to the regulations, a local board as defined in section 1 of the Municipal Act, 2001 and section 3 of the City of Toronto Act, 2006,
(g) a board of health under the Health Protection and Promotion Act,
(h) subject to the regulations, an organization that undertakes its activities for the purpose of profit to its shareholders,
(i) a long-term care home, or
(j) any organization excluded under the regulations; (“organisme financé par des fonds publics”)
“public hospital” means a hospital within the meaning of the Public Hospitals Act; (“hôpital public”)
“school board” means a board as defined in the Education Act. (“conseil scolaire”)
“Service Organization” has the same meaning as in the Connecting Care Act, 2019. (“Organisme de services”) 2010, c. 25, s. 1 (1); 2016, c. 30, s. 31; 2017, c. 14, Sched. 4, s. 2; 2018, c. 17, Sched. 45, s. 3; 2019, c. 5, Sched. 3, s. 2 (1, 2); 2021, c. 39, Sched. 2, s. 2; 2023, c. 19, s. 17 (1).
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. 2010, c. 25, s. 1 (2).
Solicitor-client privilege preserved
(3) Nothing in this Act shall operate so as to require the disclosure of information that is subject to solicitor-client privilege, litigation privilege or settlement privilege. 2010, c. 25, s. 1 (3).
Section Amendments with date in force (d/m/y)
2016, c. 30, s. 31 (1, 2) - 01/11/2017
2017, c. 14, Sched. 4, s. 2 - 30/04/2018; 2017, c. 25, Sched. 9, s. 86 (1, 2) - no effect - see 2023, c. 4, Sched. 1, s. 67 - 18/05/2023
2018, c. 17, Sched. 45, s. 3 - 06/12/2018
2019, c. 5, Sched. 3, s. 2 (1) - 28/06/2024; 2019, c. 5, Sched. 3, s. 2 (2) - 06/06/2019
2021, c. 39, Sched. 2, s. 2 - 11/04/2022
2023, c. 19, s. 17 (1) - 28/06/2024
Rules re directives, etc.
2 (1) A directive under this Act may exempt particular organizations or sectors or classes of organizations from any or all of the requirements of the directive. 2010, c. 25, s. 2 (1).
Same
(2) A directive under this Act may be general or particular in its application, and may provide for different classes or categories. 2010, c. 25, s. 2 (2).
Public availability
(3) Every directive and guideline under this Act,
(a) shall be made available to the public on request; and
(b) shall be publicly posted on at least one Government of Ontario website. 2010, c. 25, s. 2 (3).
Status
(4) Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to directives or guidelines. 2010, c. 25, s. 2 (4).
Regulations
3 (1) The Lieutenant Governor in Council may make regulations,
(a) prescribing organizations that are designated broader public sector organizations for the purposes of the definition of that term;
(b) providing that a local board, or an organization that undertakes its activities for the purpose of profit to its shareholders, is a publicly funded organization, despite the definition of that term;
(c) excluding organizations from the definition of “publicly funded organization” in subsection 1 (1);
(d) defining or further specifying the meaning of any word or expression used in this Act but not defined in this Act. 2010, c. 25, s. 3 (1).
Exception re: Hydro One Inc.
(1.1) Despite clauses (1) (a) and (b), Hydro One Inc. and its subsidiaries cannot be prescribed to be designated broader public sector organizations or publicly funded organizations for the purposes of this Act. 2015, c. 20, Sched. 4, s. 1.
Regulations, directives, etc.
(2) The Lieutenant Governor in Council may, by regulation, exercise the power to make a directive, guideline or minister’s regulation under this Act and, where the Lieutenant Governor in Council has done so, everything in this Act that applies with respect to that directive, guideline or regulation is deemed to apply with respect to the regulation made by the Lieutenant Governor in Council, with any necessary modification. 2010, c. 25, s. 3 (2).
Section Amendments with date in force (d/m/y)
2015, c. 20, Sched. 4, s. 1 - 04/06/2015
Part ii
lobbyists and Consultants
Lobbyists
No publicly funded lobbyists
4 (1) No organization to which this section applies shall engage a lobbyist to provide lobbyist services where the compensation for the services is paid,
(a) in the case of an organization referred to in clause (2) (b), from public funds; or
(b) in the case of an organization referred to in clause (2) (a), (c), (d), (f) or (g),
(i) from public funds, or
(ii) from revenues generated by the organization. 2010, c. 25, s. 4 (1); 2014, c. 7, Sched. 2, s. 1 (1).
Application
(2) This section applies to,
(a) every agency of the Government of Ontario;
(b) every designated broader public sector organization;
(c) Repealed: 2015, c. 20, Sched. 4, s. 2 (1).
(d) Ontario Power Generation Inc. and each of its subsidiaries;
(e) Repealed: 2014, c. 7, Sched. 2, s. 1 (2).
(f) Independent Electricity System Operator; and
(g) every organization that is provided for in regulations made under subsection (6). 2010, c. 25, s. 4 (2); 2014, c. 7, Sched. 2, s. 1 (2); 2015, c. 20, Sched. 4, s. 2 (1).
Transitional
(3) Where, immediately before this section applied to an organization, there was an agreement in place that provided for the payment of money by the organization for lobbyist services, and the compensation for the lobbyist services is to be paid from public funds or other revenues that may not be used for the purpose under this section, the agreement is deemed to contain the following...
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