Transparency and Accountability in Government Contracting Act, 2016 Fife, Catherine — Bill 49 (41st Parliament, 2nd Session)

Bill 49, 41-2

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Bill 49, Transparency and Accountability in Government Contracting Act, 2016

Fife, Catherine

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Bill 49 2016

An Act to enact the Privatizations

and Public-Private Partnerships Transparency and Accountability Act, 2016 and

to amend the Colleges Collective Bargaining Act, 2008

Her

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

Province of Ontario, enacts as follows:

Contents

of this Act

1. This

Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Subject

to subsection (2), this Act comes into force on the day it receives Royal

Assent.

Same

(2) The Schedules to this Act come into

force as provided in each Schedule.

Short

title

3. The

short title of this Act is the Transparency and

Accountability in Government Contracting Act, 2016 .

SCHEDULE 1

privatizations and Public-Private Partnerships transparency and accountability

act, 2016

CONTENTS

PART I

GENERAL

Purposes

Definitions

Crown

bound

PART II

PRIVATIZATIONS

Application

Preliminary

analysis and public consultation

Review

of procurement process by Financial Accountability Officer

Public

sector entity to report on privatization

Auditor

General's powers and duties

Response

to Auditor General's recommendations

Procurement

laws and policies apply

Application

of privacy legislation

Ineligibility

to submit bid

PART III

PUBLIC-PRIVATE PARTNERSHIPS

Interpretation

Preliminary

analysis and public consultation

Review

of procurement process by Financial Accountability Officer

Public

sector entity to report on project

Auditor

General's powers and duties

Response

to Auditor General's recommendations

Procurement

laws and policies apply

Application

of privacy legislation

Ineligibility

to submit bid

PART IV

REGULATIONS

Regulations

PART V

COMMENCEMENT AND

SHORT TITLE

Commencement

Short

title

______________

PART i

General

Purposes

1. The

purposes of this Act are as follows:

1. To ensure an

independent evaluation and public reporting of value for taxpayers in the

privatization of public services and in public-private partnership projects.

2. To ensure

transparency and accountability to privatizations and to the public-private partnership

method of building major capital projects.

Definitions

2. In

this Act,

"prescribed"

means prescribed by the regulations; ("prescrit")

"private sector entity" means,

(

a) any

person or organization other than,

(

i) a public sector entity, or

outside Ontario, or an entity controlled by a such a government, and

(

b) a

combination of such persons or organizations acting as a group; (" entité du secteur

privé ")

"public sector entity" means,

(

a) the

Crown in right of Ontario, every agency thereof, and every authority, board,

commission, corporation, office or organization of persons any of whose

directors, members or officers are appointed or chosen by or under the

authority of the Lieutenant Governor in Council or a member of the Executive

Council,

(

b) the

corporation of every municipality in Ontario,

(

c) every

board as defined in the Education Act ,

(

d) every

university in Ontario and every college of applied arts and technology and

post-secondary institution in Ontario whether or not affiliated with a

university, the enrolments of which are counted for purposes of calculating

annual operating grants entitlements,

(

e) every

hospital referred to in the list of hospitals and their grades and

classifications maintained by the Minister of Health and Long-Term Care under

the Public Hospitals Act and every

private hospital operated under the authority of a licence issued under the Private

Hospitals Act ,

(

f) subject

to the Government funding condition in subsection 2 (2) of the Public

Sector Salary Disclosure Act, 1996 , every corporation

with share capital, at least 90 per cent of the issued shares of which are

beneficially held by or for an employer or employers described in clauses (

a) to (e), and every wholly-owned subsidiary thereof,

(

g) subject

to the Government funding condition in subsection 2 (2) of the Public

Sector Salary Disclosure Act, 1996 , every corporation

without share capital, the majority of whose members, directors or officers are

members of, or are appointed or chosen by or under the authority of, an

employer or employers described in clauses (

a) to (e), and every wholly-owned

subsidiary thereof,

(

h) every

board of health under the Health Protection and

Promotion Act ,

(

i) any

authority, board, commission, corporation, office, person or organization of

persons, or any class of authorities, boards, commissions, corporations,

offices, persons or organizations of persons, as may be prescribed,

(

j) Hydro

One Inc. and each of its subsidiaries, or

(

k) Ontario

Power Generation Inc. and each of its subsidiaries; (" entité du secteur

public ")

"regulations" means the regulations made under this Act.

(" règlements")

Crown

bound

3. This Act binds the

Crown.

Part II

Privatizations

Application

(1) This

Part applies to the privatization of services provided under a program of a

public sector entity in which all of the following circumstances exist:

1. The

privatization involves a change in the way in which the services are to be

provided, a change in the way in which the services are to be financed or a

change of the entity that is to provide some or all of the services.

2. A

private sector entity will provide all or part of the financing for the

services or will provide some or all of the services.

3. The

projected total value of all of the contracts relating to the privatization is

$2 million or more.

Initiating

a procurement process

(2) For the purpose of this Part, the

procurement process for the privatization of services is initiated when a

public sector entity issues a request for qualifications or proposals, call for

tenders, or other document in response to which a private sector entity may

make a submission for qualification, or submit a proposal or bid, in relation

to the privatization.

Preliminary analysis

and public consultation

(1) A

public sector entity shall not initiate a procurement process for the

privatization of any services until all of the requirements set out in this

section are met.

Public

sector entity to conduct analysis, etc.

(2) Before making a final decision on

whether to proceed with a privatization, a public sector entity shall do all of

the following:

1. Calculate

the cost of the public sector entity continuing to provide the services, in

accordance with the regulations and with a detailed explanation of any

assumptions.

2. Analyze

the viability and the expected risks, costs and benefits of using a private

sector entity to provide the services, taking into account the public's

interest in maintaining the service by the public sector entity and such other

factors as may be prescribed.

3. Prepare

a full value-for-money audit and business case analysis for the privatization

of the services compared to the costs associated with the public sector entity

continuing to provide the services.

4. Prepare

a report containing the matters referred to in paragraphs 1, 2 and 3 and that

contains a statement of the expected benefits and liabilities of the

privatization.

Duty

to inform public and Financial Accountability Officer

(3) If the public sector entity decides to

proceed with the privatization, the public sector entity shall do both of the

following:

1. Within

14 days of the decision, make information about the privatization and the

report under subsection (2) publicly available. However, the public sector

entity is not required to disclose information that could, if disclosed,

jeopardize the public sector entity's ability to realize the best value for

money through a competitive procurement process.

2. Notify

the Financial Accountability Officer and the Standing Committee on Estimates promptly

of the decision.

Up-front review by

Financial Accountability Officer

(4) Upon being notified that the public

sector entity has decided that it intends to proceed with the privatization,

the Financial Accountability Officer shall,

(

a) perform

an up-front review and analysis of all preliminary analysis, information and reports

prepared by the public sector entity under subsection (2);

(

b) review

and seek any other relevant information, as required, with full access to the

public sector entity's information, as required; and

(

c) provide

a minimum of 60 days for comments from members of the public and the workers,

or their representatives, who may be impacted by the privatization.

Requirement

to give information

(5) The public sector entity shall give the

Financial Accountability Officer all of the information that the Financial Accountability

Officer believes to be necessary to perform his or her duties under this

section.

Report

by Financial Accountability Officer

(6) Following the Financial Accountability

Officer's review and analysis, he or she shall report his or her analysis

publicly to the Assembly through the Standing Committee on Estimates.

Restriction re disclosure of information

(7) Section 13 of the Financial

Accountability Officer Act, 2013 applies, with necessary modifications,

to the disclosure of information by the Financial Accountability Officer under

subsection (6).

Public consultation

(8) If, after the requirements under

subsections (2), (3), (4) and (6) have been met, the public sector entity still

wishes to proceed with the privatization, the public sector entity shall,

(

a) make

information about the privatization and the report under subsection

(2) publicly available, but without disclosing information that, if disclosed,

could jeopardize the public sector entity's ability to realize the best value

for money through a competitive procurement process; and

(

b) provide

a reasonable opportunity for comment from members of the public and the workers,

or their representatives, who may be impacted by the privatization.

Review of procurement

process by Financial Accountability Officer

6. ( 1) A

public sector entity that decides to privatize particular services shall allow

the Financial Accountability Officer to conduct reviews of the procurement

process.

Requirement to give information

(2) The public sector entity and private

sector entity shall give the Financial Accountability Officer the information

that the Financial Accountability Officer believes to be necessary to perform

his or her duties under this section.

Financial Accountability Officer's role during the

procurement process

(3) The role of the Financial

Accountability Officer with regard to the procurement process is as follows:

1. To advise the public sector entity on the

procurement process for the purpose of ensuring that it is conducted with

openness, transparency, integrity and accountability.

2. To review each request for qualifications or

proposals, call for tenders or other document soliciting responses from private

sector entities, including the processes described in that document for evaluating

the responses to it.

3. To assess the extent to which the procurement

process, including the selection of the successful proponent or bidder,

conformed to,

i. the

procurement solicitation documents, and

ii. the

applicable procurement laws, agreements, policies and procedures.

4. To

make recommendations to the public sector entity regarding the timing and

content of its public reports about the privatization.

5. To

prepare a final report to the public sector entity that,

i. summarizes

the Financi

Document details

Collection	Ontario — Bills
Citation	Bill 49, 41-2
Type	bill
Volume / chapter	p41 s2 bill 49 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	9abc6b3eea009cc6e7c60b5b9700d75ec00b43e5

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