Ontario Bill 167 (42nd Parliament, 1st Session)

Bill 167, 42-1

Ontario — Bills

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Bill 167, Legislative Assembly Amendment Act, 2020

Calandra, Hon. Paul Minister Without Portfolio

Royal Assent received. Statutes of Ontario 2020,

chapter 15

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Bill 167 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 167 and does not form part of the law.

Bill 167 has been enacted as

Chapter 15 of the Statutes of Ontario, 2020.

The

Bill amends the Legislative Assembly Act including

amendments providing for the following:

1. The

Deputy Speaker will be appointed rather than elected. (Section 28 of the Act.)

2. Sections

are added providing for the rights, immunities, privileges and powers that the

Assembly and its members have with the Speaker being the guardian of those

rights, etc. (Sections 28.1 and 52.1 of the Act.)

3. The

prohibition on personal service is extended throughout the legislative

precinct. (Section 39 of the Act.)

4. Requirements

relating to cheques are replaced with limits on the authorization of payments.

(Section 83 of the Act.)

5. A

section is added clarifying that proceedings of the Board of Internal Economy

are proceedings in Parliament. (Section 88.1 of the Act.)

Section

94 to 100 of the Act, which provide for the disciplining of employees, and for

hearings in relation to such discipline, are repealed. The Speaker continues to

have the power to dismiss, suspend and reprimand employees under subsection 76

(3) of the Act.

7. The

requirements for oaths and affirmations are changed to include a recognition

and affirmation of aboriginal and treaty rights in the oath or affirmation of

office. Exemptions are added to the requirement to take the oath or affirmation

of allegiance. (Section 101 of the Act.)

8. Changes

are made to the definition of “legislative precinct”. The legislative precinct

will be under the control of the Speaker. (Sections 102.1 and 102.2 of the

Act).

9. Changes

are made to the provisions relating to the Legislative Protective Service. (Sections

103, 103.0.1 and 103.0.2 of the Act.)

The

Bill also makes consequential amendments to two other Acts.

Bill 167 2020

Act to amend the Legislative Assembly Act and to make consequential amendments

to other Acts

Her

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

Province of Ontario, enacts as follows:

Section 28 of the Legislative Assembly Act is

repealed and the following substituted:

Election

of Speaker

(1) The

Assembly shall elect one of its members to be Speaker at its next meeting,

(

a) after

a general election is held; or

(

b) after

the office becomes vacant.

Appointment

of Deputy Speaker

(2) The

Assembly shall, by order, appoint one of its members to be Deputy Speaker at or

after its next meeting,

(

a) after

a general election is held; or

(

b) after

the office becomes vacant.

Speaker

is guardian of rights, etc.

28.1 The Speaker is the

guardian of the rights, immunities, privileges and powers of the Assembly, its

committees and its members.

Section 33 of the Act is repealed and the following substituted:

Speaker

and Deputy to continue in office following dissolution

Speaker

(1) The

person who holds the office of Speaker when the Legislature is dissolved shall continue

to be the Speaker until a new Speaker is elected by the Assembly.

Deputy

Speaker

(2) The

person who holds the office of Deputy Speaker when the Legislature is dissolved

shall continue to be the Deputy Speaker until a new Deputy Speaker is appointed

by the Assembly.

The French version of

section 36 of the Act is amended by striking out “ou

constable” and substituting “ou agent”.

Section 39 of the Act is repealed and the following substituted:

Service

of civil process

person shall make a personal service that is required or authorized by law in a

civil matter upon another person in the legislative

precinct, within the meaning of

section 102.1 .

The Act is amended by adding the following section:

Rights,

etc., of the Assembly, its committees and its members

52.1

(1) In

addition to the rights, immunities, privileges and powers conferred on them by

this or any other Act, the Assembly, its committees and its members have the

same rights, immunities, privileges and powers as those held, enjoyed and

exercised respectively by the House of Commons of the Parliament of the United

Kingdom, its committees and its members at the time of the passing of the Constitution Act, 1867 .

Rights,

etc., are part of the general and public law

(2) The

rights, immunities, privileges and powers that the Assembly, its committees and

its members have under subsection (1) are part of the general and public law of

Ontario and it is not necessary to plead them.

Section 74 of the Act is repealed and the following substituted:

Staff,

etc., for members

Every

member of the Assembly is entitled to such staff, office equipment, supplies

and services as may be prescribed by the Board of Internal Economy.

Section 76 of the Act is repealed and the following substituted:

Office

of the Assembly

(1) The

Office of the Assembly shall consist of,

(

a) the

Speaker and the Deputy Speaker; and

(

b) the

Clerk of the Legislative Assembly, the Sergeant-at-Arms and the other employees

of the Office of the Assembly.

Appointment

of employees

(2) The

Speaker shall appoint such employees of the Office of the Assembly, other than

the Clerk of the Legislative Assembly, as may be required for the proper

conduct of the business of the Office of the Assembly.

Dismissal,

etc., of employees

(3) The

Speaker may dismiss, suspend or reprimand an employee of the Office of the

Assembly, other than the Clerk of the Legislative Assembly.

Section 77.4 of the Act is repealed.

Section 78 of the Act is repealed and the following substituted:

Duties

and functions of employees of the Office of the Assembly

The employees

of the Office of the Assembly have such duties and functions,

(

a) as

may be provided for in

an Act or an Order of the Assembly; and

(

b) as

may be prescribed by the Speaker.

Subsection 83 (1) of the Act is repealed and the following substituted:

Payments

out of Fund

(1) A

payment shall be made out of the Legislative Assembly Fund only if it is authorized

by,

(

a) the

Speaker or the Deputy Speaker; and

(

b) the

Clerk of the Legislative Assembly or such other person authorized by the

Speaker.

Subsection 85 (1) of the Act is amended by striking out “Secretary” and

substituting “Clerk”.

Subsection 87 (6) of the Act is repealed.

The Act is amended by adding the following section:

Proceedings

88.1 For greater certainty,

the proceedings of the Board of Internal Economy are proceedings in Parliament.

Sections 94 to 100 of the Act are repealed.

Section 101 of the Act is repealed and the following substituted:

Oaths,

affirmations of office, allegiance

Oath,

affirmation of office

(1) Every

employee of the Office of the Assembly shall, before any salary is paid to him

or her, take and subscribe before the Speaker, the Clerk of the Legislative

Assembly or a person designated in writing by either of them, the following

swear (or solemnly affirm) that I will faithfully discharge my duties as an

employee of the Office of the Assembly; I will respect the laws of Canada and

Ontario, including the recognition and affirmation of the aboriginal and treaty

rights of Indigenous peoples in the Constitution; and, except as I may be

legally authorized or required, I will not disclose or give to any person any

information or document that comes to my knowledge or possession by reason of

my being an employee of the Office of the Assembly. So help me God. (Omit this

phrase in an affirmation.)”

Application

(2) Subsection

(1), as re-enacted by

section 15 of the Legislative

Assembly Amendment Act, 2020 , applies to an employee of the Office of

the Assembly who is making the oath or affirmation of office on or after the

day that

section came into force.

Oath,

affirmation of allegiance

(3) Subject

to subsections (4) and (5), every employee of the Office of the Assembly shall,

before performing any duty as an employee of the Office of the Assembly, take

and subscribe before the Speaker, the Clerk of the Legislative Assembly or a

person designated in writing by either of them, the following oath or

swear (or solemnly affirm) that I will be faithful and bear true allegiance to

Her Majesty Queen Elizabeth the Second (or the reigning sovereign for the time

being), her heirs and successors according to law. So help me God. (omit this

phrase in an affirmation)”

Exemption,

loss of citizenship

(4) An

employee of the Office of the Assembly who is not a citizen of Canada but is a

citizen of another country is exempt from the requirement under subsection

(3) to swear or affirm his or her allegiance to the Crown if the employee asserts

that making the oath or affirmation could result in the loss of that

citizenship.

Exemption,

views on relationship between Crown and Indigenous peoples

(5) An

employee of the Office of the Assembly who identifies as an Indigenous person

is exempt from the requirement under subsection (3) to swear or affirm his or

her allegiance to the Crown if the employee asserts that making the oath or

affirmation would be inconsistent with his or her views regarding the

relationship between the Crown and Indigenous peoples.

Definitions

(6) In

this section,

“Indigenous

peoples” includes the First Nations, Inuit and Métis peoples within Canada;

(“peuples autochtones”)

“Indigenous

person” means an individual who forms part of the Indigenous peoples.

(“Autochtone”)

The Act is amended by adding the following sections:

Definition

of “legislative precinct”

102.1 In sections 102.2 to 103.0.2,

“legislative

precinct” means,

(

a) the

Legislative Building,

(

b) the

grounds of the Legislative Building bounded in the north by Wellesley Street

West and in the south, east and west by Queen’s Park Crescent East and Queen’s

Park Crescent West in the City of Toronto,

(

c) the

first, second and third floors and the basement of the Whitney Block located at

23 Queen’s Park Crescent East and 99 Wellesley Street West in the City of

Toronto,

(

d) the

tunnel between the Legislative Building and the Whitney Block,

(

e) any

premises or areas where a proceeding in Parliament takes place, or

(

f) any

other premises or areas that are designated by the Lieutenant Governor in

Council,

but

does not include constituency offices of members of the Assembly.

Legislative

precinct under Speaker’s control

102.2 The legislative

precinct shall be under the control of the Speaker.

(1) Subsection 103 (3) of the Act is amended by striking out “as the

custodian of the powers, privileges, rights and immunities of the Assembly and

of the members of the Assembly”.

(2) Subsections

103 (4) to (10) of the Act are repealed.

The Act is amended by adding the following sections:

Legislative

Protective Service role outside the legislative precinct

103.0.1 In addition to anything

it does under

section 103, the Legislative Protective Service may provide for

the physical protection and security of any premises or area adjacent to or

near the legislative precinct in accordance with an agreement between the

Speaker and the owner or occupier of the premises or area.

Protection

and security provided by the Legislative Protective Service

103.0.2

(1) This

section applies for the purposes of sections 103 and 103.0.1 with respect to

the physical protection and security provided by the Legislative Protective

Service under those sections.

Guidelines

and directives

(2) The

Speaker may issue guidelines and directives for the physical protection and

security provided by the Legislative Protective Service.

Same

(3) The

Legislative Protective Service shall provide services in accordance with any

guidelines and directives issued under subsection (2).

Status

as peace officers

(4) The

Sergeant-at-Arms and such employees in the Legislative Protective Service as

the Speaker may select are peace officers,

(

a) while

in the legislative precinct or in a place in respect of which the Legislative

Protective Service provides physical protection and security under

section

103.0.1; and

(

b) while

in fresh pursuit.

Use

of weapons

(5) The

Speaker may authorize one or more of the persons who are peace officers under

subsection (4) to possess and use weapons, including firearms and prohibited

weapons under the Criminal Code (Canada), for the

purpose of carrying out their duties and the Speaker may impose conditions or

restrictions on the authorization.

Powers

of a police officer

(6) Every

person who is a peace officer under subsection (4) has the powers of a police

officer for the purposes of carrying out their duties, other than for the

enforcement of Acts prescribed, under subsection (7), for the purposes of this

subsection.

Regulations

(7) The

Lieutenant Governor in Council may make regulations prescribing Acts for the

purposes of subsection (6).

Community Safety and Policing Act, 2019

The definition of “peace officer in the Legislative

Protective Service” in subsection 151 (1) of the Community

Safety and Policing Act, 2019 is repealed and the following

substituted:

“peace

officer in the Legislative Protective Service” means a person who is a peace

officer under

section 103.0.2 of the Legislative Assembly

Act . (“agent

de la paix du Service de protection de l’Assemblée législative”)

Special

Investigations Unit Act, 2019

Clause (

c) of the definition of “official” in subsection 1 (1) of the Special Investigations Unit Act, 2019 is repealed and the

following substituted:

(

c) a

person who is a peace officer under

section 103.0.2 of the Legislative Assembly Act ;

Commencement

(1) Subject to subsections (2) and (3), this Act comes into force on

the day it receives Royal Assent .

(2) Section 19 comes into force on

the later of the day the definition of “peace officer in the Legislative

Protective Service” in subsection 151 (1) of

Schedule 1 to the Comprehensive Ontario Police Services Act, 2019 comes

into force and the day this Act receives Royal Assent.

(3) Section

20 comes into force on the later of the day clause (

c) of the definition of

“official” in subsection 1 (1) of

Schedule 5 to the Comprehensive

Ontario Police Services Act, 2019 comes into force and the day this Act receives

Royal Assent.

Short

title

The

short title of this Act is the Legislative

Assembly Amendment Act, 20 20 .

Bill 167 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Legislative Assembly Act including

amendments providing for the following:

1. The

Deputy Speaker will be appointed rather than elected. (Section 28 of the Act.)

2. Sections

are added providing for the rights, immunities, privileges and powers that the

Assembly and its members have with the Speaker being the guardian of those

rights, etc. (Sections 28.1 and 52.1 of the Act.)

3. The

prohibition on personal service is extended throughout the legislative

precinct. (Section 39 of the Act.)

4. Requirements

relating to cheques are replaced with limits on the authorization of payments.

(Section 83 of the Act.)

5. A

section is added clarifying that proceedings of the Board of Internal Economy

are proceedings in Parliament. (Section 88.1 of the Act.)

Section

94 to 100 of the Act, which provide for the disciplining of employees, and for

hearings in relation to such discipline, are repealed. The Speaker continues to

have the power to dismiss, suspend and reprimand employees under subsection 76

(3) of the Act.

7. The

requirements for oaths and affirmations are changed to include a recognition

and affirmation of aboriginal and treaty rights in the oath or affirmation of

office. Exemptions are added to the requirement to take the oath or affirmation

of allegiance. (Section 101 of the Act.)

8. Changes

are made to the definition of “legislative precinct”. The legislative precinct

will be under the control of the Speaker. (Sections 102.1 and 102.2 of the

Act).

9. Changes

are made to the provisions relating to the Legislative Protective Service. (Sections

103, 103.0.1 and 103.0.2 of the Act.)

The

Bill also makes consequential amendments to two other Acts.

Bill 167 2019

Act to amend the Legislative Assembly Act

and to make consequential amendments to other Acts