Improving Customer Service for Road Users Act, 2001, S.O. 2001, c. 18 - Bill 65

• Jurisdiction: Ontario
• Date: 02 November 2001
• Bill Number: 65

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 65 and does not form part of the law. Bill 65 has been enacted as Chapter 18 of the Statutes of Ontario, 2001.

The Bill permits the Minister of Transportation to delegate powers, duties and responsibilities relating to road user programs to persons in the private sector. The Minister is authorized to enter into a delegation agreement with a delegate, and to set out in the agreement the limitations, conditions and requirements of the delegation and other provisions that the Minister considers advisable in the public interest. The delegation, however, will not be effective until the Lieutenant Governor in Council makes a regulation specifying the delegate, the delegated powers, duties and responsibilities and the effective date of the delegation.

A delegation agreement may authorize the delegate to provide services that are ancillary to the delegated powers, duties and responsibilities, if they are specified in the agreement or subsequently approved by the Minister, and to establish and charge fees for such ancillary services. The Minister may establish fees not authorized by any other Act or regulation and may authorize the delegate, in the delegation agreement, to charge those fees to the public.

Delegates may, subject to the Minister’s approval, subdelegate their delegated powers, duties or responsibilities to another person in the private sector.

The Minister may unilaterally amend a delegation agreement if it is in the public interest to do so.

The Lieutenant Governor in Council may revoke a delegation if the delegate or subdelegate contravenes or fails to comply with this Act, including their obligations with respect to records or personal information, if the delegate or subdelegate contravenes or fails to comply with the Act or regulation containing or authorizing the delegated powers, duties or responsibilities, if the delegate or subdelegate contravenes or repudiates the delegation or subdelegation agreement or if it is in the public interest to do so.

Delegates and subdelegates are required to comply with all laws respecting the delegated powers, duties and responsibilities. Delegates are required to report annually, and as requested, to the Minister. Subdelegates may also be required to report directly to the Minister. It is an offence for a delegate or subdelegate to contravene or fail to comply with this Act or the Act or regulation containing or authorizing the delegated powers, duties and responsibilities.

Delegates and subdelegates are not agents of the Crown. The Crown is not liable for any act or failure to act by a delegate or subdelegate.

chapter 18

An Act to permit the
Minister of Transportation
to delegate to persons
in the private sector
powers and duties and responsibilities
to deliver services relating to
road user programs

Assented to November 2, 2001

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

Definitions

1. In this Act,

“delegate” means an individual, partnership, corporation or other legal entity to whom the Minister delegates the responsibility to deliver program services or a power or duty in accordance with this Act; (“délégataire”)

“delegation” means, in relation to a power, duty or responsibility, a grant of authority to exercise that power, perform that duty or discharge that responsibility, and includes the grant of a licence to exercise that power, perform that duty or discharge that responsibility and “delegate”, as a verb, has a corresponding meaning; (“délégation”, “déléguer”)

“Minister” means the Minister of Transportation or such other member of the Executive Council to whom the administration of Acts assigned to the Minister of Transportation may be assigned under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“subdelegate” means an individual, partnership, corporation or other legal entity to whom a delegate subdelegates any delegated powers, duties or responsibilities in accordance with this Act; (“subdélégataire”)

“subdelegation” means, in relation to a power, duty or responsibility, a grant of authority by a delegate to a subdelegate to exercise that power, perform that duty or discharge that responsibility and “subdelegate”, as a verb, has a corresponding meaning. (“subdélégation”, “subdéléguer”)

Delegation - responsibilities to deliver services

2. (1) The Minister may enter into an agreement with one or more individuals, partnerships, corporations or other legal entities delegating to them the responsibility of the Minister, the Ministry, the Registrar of Motor Vehicles or any other official or employee of the Ministry to deliver all or some of the services of a road user program.

Same - powers and duties

(2) The Minister may enter into an agreement with one or more individuals, partnerships, corporations or other legal entities delegating to them any powers or duties, under an Act or regulation, of the Minister, the Ministry, the Registrar of Motor Vehicles or any other official or employee of the Ministry, that are related to the delivery of services of a road user program.

Limitation

(3) The Minister shall not delegate a power to make regulations or to establish program standards or policies.

Same

(4) The Minister shall not delegate a prescribed power, duty or responsibility relating to the enforcement of a provision of an Act or regulation governing commercial motor vehicles.

Contents of delegation agreement

3. (1) A delegation agreement shall contain any limitations, conditions and requirements applicable to the delegation and may include other provisions that the Minister considers advisable in the public interest, including provisions,

(a) requiring that the delegate comply with applicable Ministry standards and policies, including standards and policies relating to quality assurance and audits;

(b) setting the financial terms of the delegation;

(c) authorizing the delegate to collect from the public, in respect of a delegated power, duty or responsibility, any fees provided for in an Act or regulation administered by the Minister and any fees established by the Minister under subsection (2) and to retain all or part of such fees;

(d) authorizing the delegate to provide to the public any services specified in the agreement or subsequently approved by the Minister that are ancillary to the exercise, performance or discharge of the delegated powers, duties or responsibilities;

(e) authorizing the delegate to establish additional fees to be charged to the public for ancillary services referred to in clause (d) and to collect and retain all or part of such fees;

(f) granting the delegate, and any subdelegate, access to and use of specified Ministry resources, including information databases, for the purpose of exercising, performing or discharging the delegated powers, duties or responsibilities or providing ancillary services referred to in clause (d);

(g) requiring the delegate to obtain and maintain specified kinds and amounts of insurance;

(h) providing that the Minister may appoint persons to the board of directors of the delegate, if the delegate is a corporation without share capital;

(i) authorizing the delegate to require that the public use forms approved by the Minister for any purpose related to a delegated power, duty or responsibility or to an ancillary service referred to in clause (d);

(j) authorizing the delegate to carry on other activities unrelated to the delegated powers, duties or responsibilities.

Fees

(2) The Minister is hereby authorized to establish fees not already provided for in any Act or regulation administered by the Minister.

Same

(3) Where the Minister authorizes the delegate to collect fees under clause (1) (c), the delegate must collect the fee established by Act or by regulation or by the Minister under subsection (2).

Same

(4) Where the Minister authorizes the delegate to collect fees under clause (1) (c) or (e), the delegate may collect and retain all or part of the fees despite section 2 of the Financial Administration Act.

Regulation required to make delegation effective

4. A delegation under a delegation agreement is not effective unless the Lieutenant Governor in Council makes a regulation,

(a) prescribing the powers, duties and responsibilities that are to be delegated by a delegation agreement;

(b) specifying the individuals, partnerships, corporations or other legal entities to whom such powers, duties and responsibilities are to be delegated; and

(c) specifying the date on which the delegation becomes effective.

Subdelegation

5. (1) A delegate may subdelegate any delegated powers, duties or responsibilities by means of any kind of business arrangement, subject to the Minister’s approval and to any limitations, conditions and requirements that the Minister may impose.

Subdelegation agreement

(2) An agreement that subdelegates any powers, duties or responsibilities shall contain any limitations, conditions and requirements applicable to the subdelegation and the Minister may require that the agreement include other provisions that the Minister considers advisable in the public interest, including provisions,

(a) requiring that the subdelegate comply with applicable Ministry standards and policies, including standards and policies relating to quality assurance and audits;

(b) setting the financial terms of the subdelegation;

(c) authorizing the subdelegate to collect from the public, in respect of a subdelegated power, duty or responsibility, any fees provided for in an Act or regulation administered by the Minister and any fees established by the Minister under subsection 3 (2) and to retain all or part of such fees;

(d) authorizing the subdelegate to provide to the public any services...