Ontario Realty Corporation Clean Up Act, 2000 Agostino, Dominic — Bill 56 (37th Parliament, 1st Session)

Bill 56, 37-1

Ontario — Bills

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Bill 56, Ontario Realty Corporation Clean Up Act, 2000

Agostino, Dominic

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[37] Bill 56 Original (PDF)

Bill 56

Bill 562000

An Act to amend the Capital Investment Plan Act, 1993 to ensure

that the Ontario Realty Corporation awards contracts in a fair and public

way.

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

Assembly of the Province of Ontario, enacts as follows:

1.The Capital Investment Plan Act, 1993 is amended by

adding the following sections:

Contracts for services or property

63.2 (1)This

section applies to contracts regarding

services or property to which the Corporation is a party, and to the process

by which the Corporation awards those contracts.

Lobbying members of the Legislature

(2)If the Corporation concludes on reasonable grounds that a person who is

bidding on a contract has contacted one of the following persons for the

purpose of being the successful bidder, the Corporation shall disqualify the

person from bidding on the contract:

1.A member of the board of directors of the Corporation.

2.A Crown employee, or an officer or employee of the Corporation, unless

the Corporation has explicitly made such contact a part of the bidding

process.

3.A member of the Legislature.

4.A person employed in the office of a member of the Executive

Council.

Disclosure of bid information

(3)Within 10 days after awarding a contract of a value over $10,000 the

Corporation shall make available to the public on a Web site or by such other

means as may be prescribed, details of the successful bid for the contract

and details of all unsuccessful bids.

Regulations

(4)The Lieutenant Governor in Council may make regulations prescribing the

means by which the Corporation make information available to the public under

subsection (3).

Requests for information

(5)If a person requests information from the Corporation with respect to a

contract, the following provisions of the Freedom of Information and

Protection of Privacy Act shall be deemed not to apply with respect to

the request:

1.Subsection 13 (1) (Advice to government).

2.Subsection 17 (1) (Third party information).

3.Subsection 18 (1) (Economic and other interests of Ontario).

Sale of real estate

63.3 (1)Before the Corporation offers real estate for

sale, it shall have the value of the real estate appraised separately by two

people qualified to do such an appraisal, who are independent of each other

and of the Corporation.

Resale within one year

(2)A person who purchases real estate from the Corporation shall not sell

the real estate for more than what the person paid for it until the end of

one year after the purchase, unless the Real Estate Council of Ontario

determines that the value of the real estate has increased as a result of

substantial development of the real estate since the purchase.

Decision final

(3)A decision of the Real Estate Council of Ontario under subsection

(2) is final, and is not subject to appeal.

Cost of determination

(4)The Real Estate Council of Ontario may recover the cost of a

determination under subsection (2) from the parties to the proceeding in

which the determination is made.

Application to court

(5)The Crown in Right of Ontario may apply to the Superior Court of

Justice to determine whether non-compliance with this

section resulted in a

financial loss to the Crown.

Parties to the application

(6)The Corporation, the person who purchased property from the

Corporation, and any other person named as a party by the Court, are parties

to a proceeding under subsection (5).

Payment for loss

(7)In a proceeding under subsection (5), if the Court determines that

non-compliance with this

section resulted in a financial loss to the Crown,

the Court may by order require a party to the proceeding to pay to the Crown

the amount of the loss.

Commencement

2.This Act comes into force on the day it receives Royal

Assent.

Short title

3.The

short title of this Act is the Ontario Realty

Corporation Clean Up Act, 2000.

EXPLANATORY NOTE

Part V of the Capital Investment Plan Act, 1993 deals with the

Ontario Realty Corporation. The Bill adds two sections to

Part V, dealing

with contracts regarding services or property to which the Corporation is a

party. The new

section 63.2 provides that a person who lobbies a member of

the Legislature, a Crown employee, an employee in the office of a member of

the Executive Council, or a director, officer or employee of the Corporation

to be the successful bidder on a contract is disqualified from bidding. After

a contract valued at over $10,000 is awarded, the Corporation must make

available to the public details of the successful and unsuccessful bids. If a

person makes a request to the Corporation for information with respect to a

contract, certain provisions in the Freedom of Information and Protection

of Privacy Act which may result in a refusal to disclose the

information, are deemed not to apply.

The new

section 63.3 requires the Corporation to have real property

appraised twice before offering it for sale. The buyer may not resell the

property within one year for more than the person paid for it, unless the

Real Estate Council of Ontario determines that the increase in value resulted

from substantial development of the real estate. If a court concludes that

non-compliance with this

section resulted in financial loss to the Crown, it

may order the purchaser or other party to the proceeding to pay the Crown the

amount of the loss.

Date Bill stage Activity Committee

April 13, 2000

Second Reading

Lost on division

April 4, 2000

First Reading

Carried

Debates and Progress

First Reading

April 04, 2000

Second Reading

April

13, 2000

Mr Agostino, Mr Martin, Mr Wood, Mr Phillips, Mr Marchese, Mr

Tascona, Mrs Pupatello, Mr Wettlaufer

Lost on Division

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 56, 37-1
Type	bill
Volume / chapter	p37 s1 bill 56 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	3145259f0e4dcaa006b62c1ae4c53ab7b57c17e8

Source file is stored in the law ingest library (html).