Delegated Administrative Authorities Accountability and Transparency Act, 2018 McDonell, Jim — Bill 56 (41st Parliament, 3rd Session)

Bill 56, 41-3

Ontario — Bills

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Bill 56, Delegated Administrative Authorities Accountability and Transparency Act, 2018

McDonell, Jim

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[41] Bill 56 Original (PDF)

EXPLANATORY

NOTE

Currently

under the Condominium Act, 1998 , the Condominium Management Services Act, 2015 , the Delegated Administrative Authorities Act, 2012 , the New Home Construction

Licensing Act, 2017 , the Protection for Owners and Purchasers of New Homes Act, 2017

and the Safety and Consumer Statutes Administration Act,

1996 , the Lieutenant Governor in Council can delegate the administration

of the Act or certain specified Acts to an administrative authority. In

addition, under each of the Ontario New Home Warranties

Plan Act , the Ontario Underground Infrastructure

Notification System Act, 2012 , the Technical

Standards and Safety Act, 2000 and the Vintners

Quality Alliance Act, 1999 , there is an administrative authority

responsible for administering the Act. The Bill deals with all of those

administrative authorities. Currently the Minister responsible for

administering each Act can appoint one or more members to the board of

directors of the administrative authority. The Bill transfers that power to the

Lieutenant Governor in Council. The Bill also requires that the Auditor General

do an annual audit of the accounts and financial transactions of each

administrative authority.

The

Bill amends the Freedom of Information and Protection of

Privacy Act to make administrative authorities institutions that are

subject to the Act.

The

Bill makes the Ombudsman Act and the disclosure

requirements in the Public Sector Salary Disclosure Act,

1996 applicable to administrative authorities.

Bill 56 2018

Act to amend various Acts with respect to delegated administrative authorities

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Condominium

Act, 1998

(1) The following provisions of

section 1.10 of the Condominium Act, 1998 are amended by striking out

"Minister" wherever that expression appears and substituting in each case

"Lieutenant Governor in Council":

1. Subsection

(1).

2. Subsection

(2).

3. Subsection

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

(2) The

"Minister" and substituting "Lieutenant Governor in Council".

(3) Section

1.10 of the Act is amended by adding the following subsection:

Transition

(4) The

appointment of all members that the Minister has appointed to the board of

directors of the condominium authority before the day the Delegated

Administrative Authorities Accountability and Transparency Act, 2018

received Royal Assent is revoked 30 days after that day.

Section 1.11 of the Act is amended by striking out "The Minister" and

substituting "The Lieutenant Governor in Council".

Paragraph 3 of subsection 1.15 (2) of the Act is amended by striking out "by

the Minister" at the end and substituting "under

section 1.10".

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

Audit

(1) The

accounts and financial transactions of the condominium authority shall be

audited annually by the Auditor General appointed under the Auditor General

Act and the costs of the audit shall be paid out of the funds of the

authority.

Condominium

Management Services Act, 2015

(1) The following provisions of

section 11 of the Condominium Management Services Act, 2015 are amended by

striking out "Minister" wherever that expression appears and substituting in

each case "Lieutenant Governor in Council":

1. Subsection

(1).

2. Subsection

(2).

3. Subsection

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

(2) The

"Minister" and substituting "Lieutenant Governor in Council".

(3) Section

11 of the Act is amended by adding the following subsection:

Transition

(4) The

appointment of all members that the Minister has appointed to the board of

directors of the administrative authority before the day the Delegated Administrative Authorities Accountability and

Transparency Act, 2018 received Royal Assent is revoked 30 days after

that day.

Section 12 of the Act is amended by striking out "Minister" and substituting

"Lieutenant Governor in Council".

Paragraph 3 of subsection 15 (2) of the Act is amended by striking out "by the

Minister" at the end and substituting "under

section 11".

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

Audit

(1) The

accounts and financial transactions of the administrative authority shall be

audited annually by the Auditor General appointed under the Auditor General

Act and the costs of the audit shall be paid out of the funds of the

authority.

Delegated

Administrative Authorities Act, 2012

(1) Section 24 of the Delegated Administrative

Authorities Act, 2012 is repealed and the following substituted:

in C appointments to board

(1) The

Lieutenant Governor in Council may appoint one or more members to the board of

directors of a delegated administrative authority for a term specified in the

appointment.

Majority

(2) The

number of members appointed by the Lieutenant Governor in Council shall not be

a majority of the board.

Composition

(3) The

members appointed by the Lieutenant Governor in Council may include

representatives of the public, consumer groups, business, government

organizations and such other interests as the Lieutenant Governor in Council

determines.

(2) Section

24 of the Act, as re-enacted by subsection (1), is amended by adding the

following subsection:

Transition

(4) The

appointment of all members that the responsible Minister has appointed to the

board of directors of a delegated administrative authority before the day the Delegated Administrative Authorities Accountability and

Transparency Act, 2018 received Royal Assent is revoked 30 days after

that day.

(3) Subsection

(2) applies only if subsection (1) comes into force after the day

section 24 of

Schedule 11 to the Strong Action for Ontario Act (Budget

Measures), 2012 comes into force.

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

Change

in number of directors

The

Lieutenant Governor in Council may, by order, increase or decrease the number

of members of the board of a delegated administrative authority.

Paragraph 3 of subsection 30 (2) of the Act is amended by striking out "by the

responsible Minister" at the end and substituting "under

section 24".

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

Audit

(1) The

accounts and financial transactions of a delegated administrative authority

shall be audited annually by the Auditor General appointed under the Auditor

General Act and the costs of the audit shall be paid out of the funds of

the authority.

Freedom

of Information and Protection of Privacy act

(1) Subsection 2 (1) of the Freedom of

Information and Protection of Privacy Act is amended by adding the

following definition:

"delegated

administrative authority" means,

(

a) a

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

(

b) the

condominium authority within the meaning of the Condominium

Act, 1998 ,

(

c) the

administrative authority within the meaning of the Condominium

Management Services Act, 2015 ,

(

d) the

Corporation within the meaning of the Ontario New Home

Warranties Plan Act ,

(

e) Ontario

One Call,

(

f) the

Technical Standards and Safety Authority, and

(

g) the

designated wine authority within the meaning of the Vintners

Quality Alliance Act, 1999 ; ("organisme d'application délégataire")

(2) Subsection

(1) applies only if

section 53 of

Schedule 11 to the Strong

Action for Ontario Act (Budget Measures), 2012 does not come into force

before the day this Act receives Royal Assent.

(3) Subsection

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

"delegated

administrative authority" means,

(

a) a

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

(

b) the

condominium authority within the meaning of the Condominium

Act, 1998 ,

(

c) the

administrative authority within the meaning of the Condominium

Management Services Act, 2015 ,

(

d) the

Corporation within the meaning of the Ontario New Home

Warranties Plan Act ,

(

e) Ontario

One Call,

(

f) the

Technical Standards and Safety Authority, and

(

g) the

designated wine authority within the meaning of the Vintners

Quality Alliance Act, 1999 ; ("organisme d'application délégataire")

(4) Subsection

(3) applies only if

section 53 of

Schedule 11 to the Strong

Action for Ontario Act (Budget Measures), 2012 comes into force on or

before the day this Act receives Royal Assent.

(5) The

definition of "delegated administrative authority" in subsection 2 (1) of the

Act is amended by adding the following clause:

(c.1) the

regulatory authority within the meaning of the New Home

Construction Licensing Act, 2017 ,

(6) Clause

(

d) of the definition of "delegated administrative authority" in subsection 2

(1) of the Act is repealed.

(7) The

definition of "delegated administrative authority" in subsection 2 (1) of the

Act is amended by adding the following clause:

(d.1) the

warranty authority within the meaning of the Protection

for Owners and Purchasers of New Homes Act, 2017 ,

(8) The

definition of "head" in subsection 2 (1) of the Act is amended by striking out

"and" at the end of clause (a.3) and by adding the following clause:

(a.4) in

the case of a delegated administrative authority, the chair of the board of

directors of the authority, and

(9) The

definition of "institution" in subsection 2 (1) of the Act is amended by striking

out "and" at the end of clause (a.2) and by adding the following clause:

(a.3) a

delegated administrative authority, and

New

Home Construction Licensing Act, 2017

(1) Subsection 12 (1) of the New Home

Construction Licensing Act, 2017 is repealed and the following

substituted:

in C appointments to board

(1) The

Lieutenant Governor in Council may appoint at pleasure one or more members to

the board of the regulatory authority for a term specified in the appointment.

(2) The

following provisions of

section 12 of the Act are amended by striking out

"Minister" wherever that expression appears and substituting in each case

"Lieutenant Governor in Council":

1. Subsection

(2).

2. Subsection

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

(3) The

"Minister" and substituting "Lieutenant Governor in Council".

(4) Section

12 of the Act is amended by adding the following subsection:

Transition

(4) The

appointment of all members that the Minister has appointed to the board of the regulatory

authority before the day the Delegated Administrative

Authorities Accountability and Transparency Act, 2018 received Royal

Assent is revoked 30 days after that day.

(5) Subsection

(4) applies only if subsection (1) comes into force after the day

section 12 of

Schedule 1 to the Strengthening Protection for Ontario

Consumers Act, 2017 comes into force.

Paragraph 3 of subsection 15 (2) of the Act is amended by striking out "by the

Minister" at the end and substituting "under

section 12".

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

Audit

(1) The

accounts and financial transactions of the regulatory authority shall be

audited annually by the Auditor General appointed under the Auditor General

Act and the costs of the audit shall be paid out of the funds of the

authority.

Not-for-Profit

Corporations Act, 2010

(1) Subsection 245 (2) of the Not-for-Profit

Corporations Act, 2010 is repealed.

(2) Subsection

(1) applies only if subsection 245 (2) of the Act does not come into force

before the day this Act receives Royal Assent.

Ombudsman

Document details

Collection	Ontario — Bills
Citation	Bill 56, 41-3
Type	bill
Volume / chapter	p41 s3 bill 56 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	2ea5eb391a96699bc542fc326cca745750cc60bc

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