p43 s1 bill 51 b051ra e.pdf

Ontario — Bills

1ST SESSION, 43RD LEGISLATURE, ONTARIO 1 CHARLES III, 2022 Bill 51 (Chapter 25 of the Statutes of Ontario, 2022)

An Act to amend the Legislative Assembly Act The Hon. P. Calandra Minister of Legislative Affairs 1st Reading November 30, 2022 2nd Reading December 5, 2022 3rd Reading December 8, 2022 Royal Assent December 8, 2022

EXPLANATORY NOTE This Explanatory Note was written as a reader’s aid to Bill 51 and does not form part of the law. Bill 51 has been enacted as

Chapter 25 of the Statutes of Ontario, 2022. The bill amends the Legislative Assembly Act.

Section 74 is amended to provide that the members of the Legislative Assembly who are not members of the Executive Council are entitled to office space.

Section 76 is amended to provide for the Board of Internal Economy, rather than the Speaker, to appoint or dismiss employees of the Office of the Legislative Assembly. A new

section 77.4 is added to allow the Lieutenant Governor in Council to grant former clerks of the Legislative Assembly the right to use the honorific title “The Honourable”. Sections 77.5 to 77.8 are added to deal with the appointment, and the removal or suspension for cause, of the Sergeant- at-Arms. Those sections are similar to sections 77 to 77.3 of the Act which deal with the appointment and removal of the Clerk of the Legislative Asse mbly. The new sections provide for the Assembly to appoint the Sergeant -at-Arms and to have the power to remove the Sergeant-at-Arms for cause. Other related matters are also provided for.

Section 78 is amended to provide for the Board of Internal Economy, rather than the Speaker, to prescribe duties and functions of employees.

Section 90 is amended to add powers and duties of the Board of Internal Economy relating to the allocation of office space.

Section 102.1 is amended to modify the definition of “legi slative precinct”. The basement of Whitney Block will no longer be included but entrances to Whitney Block will be.

Section 102.2 is replaced. The new

section provides that the legislative precinct will be under the control of the Board of Internal Economy except with respect to physical protection and security.

Section 103.0.2 is amended to extend the areas within which certain employees of the Legislative Protective Services are peace officers.

Section 103.1 is replaced. The new

section provides that the Board of Internal Economy, rather than the Speaker, will prepare accessibility plans.

Section 107 is replaced with new sections that deal with the delegation of powers, duties and control by the Board of Internal Economy as well as with such delegations by the Speaker.

Bill 51 2022

An Act to amend the Legislative Assembly Act His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1

Section 74 of the Legislative Assembly Act is amended by adding the following subsection: Office space

(2) Every member of the Assemb ly who is not a member of the Executive Council is entitled to office space in accordance with

section 90. 2 Subsections 76 (2) and (3) of the Act are repealed and the following substituted: Appointment of employees

(2) The Board of Internal Economy shall appoint such employees of the Office of the Assembly, other than the Clerk of the Legislative Assembly and the Sergeant-at-Arms, as may be required for the proper conduct of the business of the Office of the Assembly. Dismissal, etc., of employees

(3) The Board of Internal Economy may dismiss, suspend or reprimand an employee of the Office of the Assembly, other than the Clerk of the Legislative Assembly or the Sergeant-at-Arms. Transition

(4) For greater certainty, persons who, immediately before the day the Legislative Assembly Amendment Act, 2022 received Royal Assent, were employees of the Office of the Assembly continue to be employees of the Office as if they were appointed by the Board of Internal Economy under subsection (2). Transition

(5) The Speaker may exercise the powers of the Board of Internal Economy under subsection (2) or (3) until the earlier of, (

a) the day the Board of Internal Economy first exercises a power under subsection (2) or (3); and (

b) the day the Board of Internal Economy first delegates a power under subsection (2) or (3) to the Speaker under

section 107. 3

Section 77.3 of the Act is amended by adding the following subsection: Definition

(7) In this section, “recognized party” has the same meaning as in subsection 62 (5). 4 The Act is amended by adding the following sections: Honorific title for past clerks 77.4 The Lieutenant Governor in Council may, by order, grant a former Clerk of the Legislative Assembly the right to use the honorific title “The Honourable” in English or “l’honorable” in French. Sergeant-at-Arms, appointment 77.5

(1) The Assembly shall, by order, appoint the Sergeant-at-Arms. Selection by panel

(2) Unless decided otherwise by unanimous consent of the Assembly, an order sha ll be made under subsection (1) only if the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member. Definition

(3) In this section, “recognized party” has the same meaning as in subsection 62 (5).

2 Transition

(4) The Sergeant-at-Arms who is in office immediately before the day the Legislative Assembly Amendment Act, 2022 receives Royal Assent continues to hold office until a person is appointed under this

section as Sergeant-at-Arms. For greater certainty, the Sergeant-at-Arms who is in office immediately before the day the Legislative Assembly Amendment Act, 2022 receives Royal Assent may be appointed under this section. Transition

(5) Sections 77.6 and 77.7 do not apply until a person is appointed Sergeant-at-Arms under this section. Removal or suspension 77.6

(1) The Assembly may, by order passed by a vote of at least two thirds of the members of the Assembly, rem ove or suspend the Sergeant-at-Arms from office for cause. Suspension if Assembly not in session

(2) If the Assembly is not in session, the Board of Internal Economy may on unanimous agreement suspend the Sergeant-at- Arms for cause. Duration of suspension

(3) A suspension under subsection (1) continues until revoked by order of the Assembly or until the Sergeant-at-Arms is removed from office pursuant to subsection (1). Same

(4) Unless the Board of Internal Economy revokes the suspension before the next sitting of the Assembly, a suspension under subsection (2) continues until revoked by order of the Assembly or until the Sergeant-at-Arms is removed from office pursuant to subsection (1). Same

(5) Despite subsection (4), no suspension imposed under subsection (2) continues past the 20th sessional day of the next sitting of the Assembly. Report to Assembly

(6) The Board of Internal Economy shall report to the Assembly any action taken under subsections (2) and (4) at the earliest opportunity of the next sitting of the Assembly. Meaning of “not in session”

(7) For the purposes of this

section and

section 77.8, the Assembly is not in session when it is, (

a) prorogued; or (

b) adjourned for an indefinite period or to a day that is more than seven days after the date on which the Assembly was adjourned. Designation by Sergeant-at-Arms 77.7

(1) The Sergeant-at-Arms shall designate an individual from among the employees of the Office of the Assembly who shall have the powers and duties of the Sergeant-at-Arms if the Sergeant-at-Arms is absent or unable to fulfil the duties of his or her office. Designation in writing

(2) A designation under subsection (1) shall be in writing to the Speaker. Powers and duties

(3) The individual designated under subsection (1) shall have the powers and duties of the Sergeant-at-Arms unless a temporary Sergeant-at-Arms is appointed under

section 77.8. Salary

(4) The Board of Internal Economy may increase the salary of an individual who assumes the powers and duties of the Sergeant-at-Arms under subsection (1) in such circumstances as the Board considers appropriate. Removal or suspension

(5) Section 77. 6 applies in respect of an individual who assumes the powers and duties of the Sergeant-at-Arms under subsection (1). Temporary Sergeant-at-Arms 77.8

(1) If the Sergeant-at-Arms is unable to fulfil the duties of his or her office or the office becomes vacant, the Assembly may, by order, appoint a temporary Sergeant-at-Arms.

3 Selection by panel

(2) Unless decided otherwise by unanimous consent of the Assembly, an order shall be ma de under subsection (1) only if the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member. Appointment if Assembly not in session

(3) If, while the Assembly is not in session, the Sergeant-at-Arms is unable to fulfil the duties of his or her office or the office becomes vacant, the Board of Internal Economy may appoint a temporary Sergeant-at-Arms. Powers, salary and benefits

(4) A temporary Sergeant-at-Arms shall have the powers and duties of the Sergeant-at-Arms and shall be paid a salary and benefits determined by the Board of Internal Economy and, subject to the approval of the Board, be reimbursed for reasonable expenses that he or she incurs in respect of anything done under this Act. Duration of office

(5) A temporary Sergeant-at-Arms shall hold office until, (

a) the Sergeant-at-Arms is able to fulfil the duties of the office, where the appointment resulted from the Sergeant-at-Arms being unable to do so; (

b) where the appointment resulted from a suspension of the Sergeant-at-Arms, the suspension is revoked by order of the Assembly, by the Board of Internal Economy under subsection 77.6 (4) or by operation of subsection 77.6 (5); (

c) the Assembly appoints a different temporary Sergeant-at-Arms under subsection (1); or (

d) the Assembly appoints a Sergeant-at-Arms under

section 77.5. Definition

(6) In this section, “recognized party” has the same meaning as in subsection 62 (5). 5

(1) Clause 78 (

b) of the Act is amended by striking out “the Speaker” and substituting “the Board of Internal Economy”.

(2) Section 78 of the Act is amended by adding the following subsection: Transition

(2) Anything prescribed by the Speaker under clause (1) (

b) as it read before the Legislative Assembly Amendment Act, 2022 received Royal Assent is continued as though it were prescribed by the Board of Internal Economy under clause (1) (b). 6

(1) Section 90 of the Act is amended by striking out “and” at the end of clause (

e) and by adding the following clauses: (e.1) to establish policies with respect to the allocation of space in buildings within the legislative precinct and to allocate such space in accordance with those policies; (e.2) to provide an office for, (

i) each member of the Assembly who is an official referred to in subclause (e.3) (

i) or (ii), and (ii) each member of the Assembly, other than members of the Executive Council; (e.3) to allocate office space in the legislative precinct giving priority to members of the Assembly who are not members of the Executive Council and their staff to the extent it is reasonab ly possible while ensuring the efficient and effective operation of the Office of the Assembly and while also providing reasonable office space in the legislative precinct for, (

i) the following officials and their staff: the Lieutenant Governor, the Spea ker, the Premier, the Leader of the Opposition and the leaders of other recognized parties, (ii) the following officials and their staff: the Government House Leader, the Chief Government Whip, the House Leader of the party recognized as the Official Oppo sition, the Chief Opposition Whip and the House Leader and Chief Party Whip of each other recognized party, and (iii) the caucus offices of the recognized parties; and

(2) Section 90 of the Act is amended by adding

Document details

Collection	Ontario — Bills
Citation	p43 s1 bill 51 b051ra e.pdf
Type	bill
Volume / chapter	p43 s1 bill 51 b051ra e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	79b8f4f7123a4605dc94e177aefa451e014c4bd6

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