Financial Accountability Officer Act, 2013 Sousa, Hon. Charles Minister of Finance — Bill 95 (40th Parliament, 2nd Session)

Bill 95, 40-2

Ontario — Bills

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Bill 95, Financial Accountability Officer Act, 2013

Sousa, Hon. Charles Minister of Finance

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Status

Debates

Original

As Amended by Standing Committee

Royal Assent

[40] Bill 95 Royal Assent (PDF)

Bill 95 2013

An Act to establish a

Financial Accountability Officer

CONTENTS

Interpretation

Definitions

The

Financial Accountability Officer

Financial

Accountability Officer

Remuneration

Temporary

appointment

Administration

Budget

Premises

and supplies

Consultants

Employees

Delegation

Mandate

Mandate

Assistance

to Standing Committee

Access

to Information and Disclosure

Duty

to give information

Disclosure

of information

Reporting

Requirements

Annual

report

Other

reports

Referral

of reports to Standing Committee

Miscellaneous

Limitation

of liability

Notice re

obstruction by a member of the Assembly, etc.

Commencement

and

Short Title

Commencement

Short

title

______________

Her Majesty, by and with the advice

and consent of the Legislative Assembly of the Province of Ontario, enacts as

follows:

Interpretation

Definitions

1. In this Act,

"public

entity" has the same meaning as in subsection 1 (1) of the Financial Administration Act ; ("entité publique")

"recognized party" has the same meaning as in subsection

62 (5) of the Legislative Assembly Act ; ("parti reconnu")

"record" has the same meaning as in subsection 2 (1) of

the Freedom of Information and Protection of Privacy Act .

("document")

The Financial Accountability Officer

Financial

Accountability Officer

(1) There

shall be a Financial Accountability Officer who is an officer of the Assembly.

Appointment

(2) The Lieutenant Governor in Council

shall appoint the Financial Accountability Officer on the address of the

Assembly but only if the person to be appointed has been selected by a panel

composed of one member of the Assembly from each recognized party, chaired by

the Speaker of the Assembly who is a non-voting member.

Term

of office

(3) The person appointed shall hold office

for a term of five years and may be reappointed for one further term of five

years.

Removal

(4) The Lieutenant Governor in Council may

remove the Financial Accountability Officer for cause on the address of the

Assembly.

Restriction

re other work, etc.

(5) The Financial Accountability Officer

shall not do any work or hold any office that interferes with the performance

of his or her duties as the Financial Accountability Officer.

Remuneration

(1) The

Financial Accountability Officer shall be paid a salary determined by the Board

of Internal Economy, and the salary shall be within the range of salaries paid

to deputy ministers in the public service of Ontario.

Pension

(2) The Financial

Accountability Officer is a member of the Public Service Pension Plan.

Expenses

(3) Subject to the approval of the Board of

Internal Economy, the Financial Accountability Officer is entitled to be reimbursed

for reasonable expenses that he or she incurs in respect of anything done under

this Act.

Temporary

appointment

(1) If,

while the Assembly is not sitting, the Financial Accountability Officer is

unable for any reason to fulfil the duties of his or her office or his or her

office becomes vacant, the Lieutenant Governor in Council may appoint a

temporary Financial Accountability Officer to act as Financial Accountability

Officer for a term of not more than six months.

Selection by panel

(2) The

Lieutenant Governor in Council may appoint a temporary Financial Accountability

Officer under subsection (1) only if the person to be appointed has been selected

by a panel composed of one member of the Assembly from each recognized party,

chaired by the Speaker of the Assembly who is a non-voting member.

Powers, duties and

salary

(3) A

temporary Financial Accountability Officer shall have the power and duties of

the Financial Accountability Officer and shall be paid a salary determined by

the Board of Internal Economy, and the salary shall be within the range of

salaries paid to deputy ministers in the public service of Ontario.

Administration

Budget

(1) The

money required for the purposes of this Act shall be paid out of the money

appropriated for those purposes by the Legislature.

Directives

(2) The

Board of Internal Economy may from time to time issue directives to the

Financial Accountability Officer with respect to the expenditure of funds, and

the Financial Accountability Officer shall comply with those directives.

Estimates

(3) The

Financial

Accountability Officer shall present annually to the Board of Internal Economy

estimates of the sums of money that will be required for the purposes of this

Act.

Review by Board

(4) The

Board of Internal Economy shall review and may alter the estimates as it

considers proper.

Audits

(5) The

accounts and financial statements of the office of the Financial

Accountability Officer shall be audited annually by the Auditor General.

Premises and supplies

6. The

Financial Accountability Officer may lease such premises and acquire such

equipment and supplies as are necessary for the efficient and proper operation

of his or her office.

Consultants

7. The

Financial

Accountability Officer may enter into contracts to retain the services of

technical and professional consultants.

Employees

(1) Subject

to the approval of the Board of Internal Economy, the Financial Accountability

Officer may employ such employees as he or she considers necessary for the

efficient and proper operation of his or her office, and the Financial Accountability

their employment.

Salary and

wages

(2) Salaries or wages determined under

subsection (1) shall be comparable to the salaries or wages determined under

Part III of the Public Service of Ontario Act, 2006

for public servants employed under that Part to work in a ministry, other than

in a minister's office, who are in similar positions.

Benefits

(3) The benefits determined under

Part III of the Public Service of Ontario Act, 2006 w ith

respect to the following matters for public servants employed under that Part

to work in a ministry, other than in a minister's office, who are not within a

bargaining unit apply to the employees of the office of the Financial

Accountability Officer:

1. Cumulative

vacation and sick leave credits for regular attendance and payments in respect

of those credits.

2. Plans for

group life insurance, medical-surgical insurance or long-term income

protection.

3. The granting

of leaves of absence.

Same

(4) For the purposes of subsection (3), if

a benefit applicable to an employee of the office of the Financial

Accountability Officer is contingent on the exercise of a discretionary

power or the performance of a discretionary function, the power may be

exercised or the function may be performed by the Officer or any person

authorized in writing by the Officer.

Pensions

(5) The employees of the office of the Financial

Accountability Officer are members of the Public Service Pension

Plan.

Delegation

9. The

Financial Accountability Officer may delegate in writing to any person employed

in the office of the Financial Accountability Officer the authority to perform

any of the Financial Accountability Officer's functions or to carry out any of

the Financial Accountability Officer's powers, subject to the terms provided

for in the delegation.

Mandate

Mandate

(1) The

mandate of the Financial Accountability Officer is to,

(

a) provide, on his or her own

initiative, an independent analysis to the Assembly about the state of the

Province's finances, including the budget, and trends in the provincial and

national economies; and

(

b) respond to requests from

members of the Assembly and committees of the Assembly to,

(

i) undertake

research into the Province's finances and trends in the provincial and

national economies,

(ii) undertake

research into the estimates and supplementary estimates submitted to the Legislature,

(iii) undertake

research into the financial costs or financial benefits to the

Province of any public bill that is before the Assembly, or

(iv) undertake

to estimate the financial costs or financial benefits to the Province of any

proposal that relates to a matter over which the Legislature has jurisdiction,

including any proposal made by the Government or by any member of the Assembly.

Financial Accountability Officer may

refuse a request

(2) The Financial Accountability Officer

may in his or her discretion refuse any request by a member of the Assembly or

a committee of the Assembly.

Interpretation, Province

(3) A reference in subsection (1) to the

Province means the ministries of the Government of Ontario, the public entities

and the other entities whose financial statements are included in the consolidated

financial statements set out in the Public Accounts.

Assistance to Standing Committee

(1) At

the request of the Standing Committee on Finance and Economic Affairs, the

Financial Accountability Officer and any of his or her employees designated by

the Financial Accountability Officer shall attend at the meetings of the Committee

and shall provide assistance to the Committee.

Same

(2) Subsection 10 (2) does not apply with

respect to a request of the Committee described in subsection (1).

Access to Information and

Disclosure

Duty to give information

(1) Subject

to subsections (2) and (3), every ministry of the Government of Ontario and

every public entity shall, on request, give the Financial Accountability Officer,

free of charge and in a timely manner, any financial, economic or other

information that is in the custody or under the control of the ministry or the public

entity and that the Financial Accountability Officer believes to be necessary

to perform his or her duties under this Act.

Exception, Cabinet records

(2) A

ministry or public entity shall not give the Financial Accountability Officer a

record described in subsection 12 (1) of the Freedom of

Information and Protection of Privacy Act , unless either of the

circumstances described in clause 12 (2) (

a) or (

b) of that Act exist.

Exception, personal

information, etc.

(3) A

ministry or public entity shall ensure that the following information is not

disclosed to the Financial Accountability Officer when the ministry or public

entity gives any information under subsection (1):

1. Personal

information within the meaning of the Freedom of

Information and Protection of Privacy Act .

2. Personal

health information within the meaning of the Personal

Health Information Protection Act, 2004 .

Same, redaction of

information

(4) For

greater certainty, before giving information to the Financial Accountability

Officer, a ministry or public entity shall take reasonable steps to redact

personal information and personal health information.

Notice re failure to

comply with subs. (1)

(5) The

Financial Accountability Officer may notify the Speaker of the Assembly and the

chair of the Standing Committee on Finance and Economic Affairs if the

Financial Accountability Officer is of the opinion that a ministry or a public

entity has failed to comply with a request under subsection (1).

No waiver of

privilege

(6) A

disclosure to the Financial Accountability Officer under subsection (1) does

not constitute a waiver of solicitor-client privilege, litigation privilege or

settlement privilege.

Disclosure of

information

13. The

Financial Accountability Officer is permitted to disclose information that he

or she is given under

section 12 but only if all of the following conditions

are satisfied:

1. The

disclosure is essential for the performance of the Financial Accountabilit

Document details

Collection	Ontario — Bills
Citation	Bill 95, 40-2
Type	bill
Volume / chapter	p40 s2 bill 95 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	b95f934b59eeb9fd4ce6c912802ff93ce1aaa73f

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