Broader Public Sector Accountability Act, 2010, S.O. 2010, c. 25 - Bill 122

• Jurisdiction: Ontario
• Bill Number: 122
• Date: 08 December 2010

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 122 and does not form part of the law. Bill 122 has been enacted as Chapter 25 of the Statutes of Ontario, 2010.

The Bill enacts the Broader Public Sector Accountability Act, 2010.

Measures are enacted concerning financial accountability in the broader public sector.

Various organizations are prohibited from engaging lobbyists who are paid with public funds and, in some cases, with revenues generated by the organization.

Local health integration networks and hospitals are required to report on their use of consultants.

Local health integration networks and hospitals are required to post information about expense claims. Other broader public sector organizations may be required to post such information by the regulations.

The Management Board of Cabinet may issue directives and guidelines concerning allowable expenses and procurement on the part of designated broader public sector organizations and publicly funded organizations.

Local health integration networks, hospitals, and other organizations if so required by the regulations, are required to report on their compliance with provisions of the Act.

Compliance with the Act is made a provision of various agreements. Situations where there is a failure to comply are provided for.

The Freedom of Information and Protection of Privacy Act is amended so that hospitals are made subject to that Act.

Related amendments are made to other Acts.

chapter 25

An Act to increase the financial accountability of organizations in the broader public sector

Assented to December 8, 2010

______________

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

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”)

“community care access corporation” means a community care access corporation within the meaning of the Community Care Access Corporations Act, 2001; (“société d’accès aux soins communautaires”)

“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 approved agency designated as a children’s aid society under subsection 15 (2) of Part I of the Child and Family Services Act,

(e) every community care access corporation,

(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”)

“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”)

“long-term care home” means a long-term care home within the meaning of the Long-Term Care Homes Act, 2007; (“foyer de soins de longue durée”)

“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”)

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.

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.

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.

Same

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

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.

Status

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

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.

Same, 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.

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), (e), (f) or (g),

(i) from public funds, or

(ii) from revenues generated by the organization.

Application

(2) This section applies to,

(a) every agency of the Government of Ontario;

(b) every designated broader public sector organization;

(c) Hydro One Inc. and each of its subsidiaries;

(d) Ontario Power Generation Inc. and each of its subsidiaries;

(e) Ontario Power Authority;

(f) Independent Electricity System Operator; and

(g) every organization that is...