Delegated Administrative Authorities Accountability and Transparency Act, 2016 McDonell, Jim — Bill 58 (41st Parliament, 2nd Session)

Bill 58, 41-2

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 58, Delegated Administrative Authorities Accountability and Transparency Act, 2016

McDonell, Jim

Please select

View bill

Status

Debates

Acts affected

Original

[41] Bill 58 Original (PDF)

Bill 58 2016

An 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).

(

b) of the Act is amended by striking out "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, 2016

received Royal Assent is revoked 30 days after that day.

(4) Subsection

(3) applies only if subsection (1) comes into force before the day

section 2 of

Schedule 1 to the Protecting Condominium Owners Act, 2015

comes into force.

Section 1.11 of the

Act is amended by striking out "The Minister" and substituting "The Lieutenant

Governor in Council".

3. 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".

4. 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of the Act is repealed and the following substituted: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 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).

(

b) of the Act is amended by striking out "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, 2016 received Royal Assent is revoked 30 days

after that day.

(4) Subsection (3) applies only if

subsection (1) comes into force before the day

section 11 of

Schedule 2 to the Protecting Condominium Owners Act, 2015 comes into force.

Section

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

Governor in Council".

7. 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".

8. 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

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:

Board

appointments by LG in C

(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 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, 2016

received Royal Assent is revoked 30 days after that day.

(3) Subsection (2) applies only if

subsection (1) comes into force before 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

25. The

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

of members of the board of a delegated administrative authority.

11. 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".

12. 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 and the costs of the audit shall be paid out of the funds of the

authority.

Freedom of Information and Protection of Privacy act

13. (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

Corporation within the meaning of the Ontario New Home Warranties

Plan Act ,

(

c) Ontario

One Call,

(

d) the

Technical Standards and Safety Authority, and

(

e) 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

Corporation within the meaning of the Ontario New Home

Warranties Plan Act ,

(

c) Ontario

One Call,

(

d) the

Technical Standards and Safety Authority, and

(

e) 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:

(a.1) the

condominium authority within the meaning of the Condominium

Act, 1998 ,

(6) The definition of "delegated

administrative authority" in subsection 2 (1) of the Act is amended by adding

the following clause:

(a.2) the

administrative authority within the meaning of the Condominium

Management Services Act, 2015 ,

(7) 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

(8) 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

Not-for-Profit

Corporations Act, 2010

14. (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 Act

15. Subsection

1 (1) of the Ombudsman Act is amended by adding the

following definition:

"delegated administrative authority" has the same meaning

as in the Freedom of Information and Protection of Privacy

Act ; ("organisme d'application délégataire")

16. The

Act is amended by adding the following section:

Head

of public sector body, delegated administrative authority

1.4 For

the purposes of this Act, the head of a public sector body that is a delegated

administrative authority is the chair of the board of directors of the

authority.

Section

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

Delegated

administrative authorities

(4.1) This Act applies to delegated

administrative authorities.

Ontario New Home Warranties Plan Act

18. The

Ontario New Home Warranties Plan Act is amended by

adding the following sections:

Board

of Corporation

2.1

(1) The

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

the board of directors of the Corporation as long as the members appointed by

the Lieutenant Governor in Council do not constitute a majority of the board.

Composition

(2) The

members appointed by the Lieutenant Governor in Council may include representatives

of consumer groups, business, government organizations or such other interests

as the Lieutenant Governor in Council determines.

Term of appointment

(3) The

Lieutenant Governor in Council shall set out the term of appointment in the

appointment of each person whom the Lieutenant Governor in Council appoints to

the board.

Remuneration and expenses

(4) The

Corporation shall provide for the payment of reasonable remuneration and

expenses to the members of the board whom the Lieutenant Governor in Council appoints.

Not

Crown agents

2.2

(1) The

Corporation and its members, officers, directors, employees and agents, together

with the persons whose services the Corporation retains, are not agents of the

Crown and shall not hold themselves out as agents of the Crown.

Same,

directors

(2) The directors described in subsection

(1) include directors appointed by the Lieutenant Governor in Council.

. . . .

Audit

5.1 The

accounts and financial transactions of the Corporation shall be audited

annually by the Auditor General and the costs of the audit shall be paid out of

the funds of the Corporation.

Ontario Underground Infrastructure Notification

System Act, 2012

(1) Section

2 of the Ontario Underground Infrastructure Notification

System Act, 2012 is amended by adding the following subsections:

Members

appointed by LG in C

(4.1) The Lieutenant Governor in Council

may appoint at pleasure one or more members to the board of directors of the

Corporation as long as the members appointed by the Lieutenant Governor in

Council do not constitute a majority of the board.

Composition

(4.2) The members appointed by the

Lieutenant Governor in Council may include representatives of consumer groups,

business, government organizations or such other interests as the Lieutenant

Governor in Council determines.

Term

of appointment

(4.3) The Lieutenant Governor in Council

shall set out the term of appointment in the appointment of each person whom

the Lieutenant Governor in Council appoints to the board.

Remuneration

and expenses

(4.4) The Corporation shall provide for the

payment of reasonable remuneration and expenses to the members of the board

Document details

Collection	Ontario — Bills
Citation	Bill 58, 41-2
Type	bill
Volume / chapter	p41 s2 bill 58 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	a6aa7bb4d263d2bf22919c7df14a92429f2d0671

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