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

Bill 148, Cleaning Up Corruption Act, 2023

Glover, Chris

Stiles, Marit

Please select

View bill

Status

Debates

Acts affected

Votes

Original

Bill 148 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Auditor General Act . Subsection 10

(1) of the Act is re-enacted to provide that the duty to furnish information

applies to documents and information that are otherwise confidential or subject

to certain privilege rights. Subsection 10 (2) of the Act is also re-enacted to

provide that the Auditor General’s right to access information applies despite

other rights of privacy, confidentiality and privilege.

The

Bill also amends the Members’ Integrity Act, 1994 .

Clause (

a) of the definition of “family” in

section 1 of the Act is amended to

include adult children, siblings and parents.

Section 2 is re-enacted to

provide that a member of the Assembly shall not make a decision or participate

in making a decision that would lead to the reasonable perception that there is

an opportunity to further the member’s private interest or improperly to

further another person’s private interest. The Bill adds

section 6.1, which

provides that no member of the Assembly shall in the exercise of an official

power, duty or function, give preferential treatment to any person or

organization based on the identity of the person or organization.

Section 31 of

the Act is amended to allow the Commissioner to conduct an inquiry if the

Commissioner determines it appropriate to do so even in the absence of a

referral from a member of the Assembly or the Executive Council. At any time

before the conclusion of the inquiry, the Commissioner may expand the scope of

the inquiry if the Commissioner determines it is appropriate to do.

Bill 148 2023

Act to amend the Auditor General Act and Members’ Integrity Act, 1994

His

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

Province of Ontario, enacts as follows:

Auditor

General Act

Subsections 10 (1) and (2) of the Auditor General Act

are repealed and the following substituted:

Duty

to furnish information

(1) Every

ministry of the public service, every agency of the Crown, every Crown

controlled corporation and every grant recipient shall give the Auditor General

the information regarding its powers, duties, activities, organization,

financial transactions and methods of business that the Auditor General

believes to be necessary to perform his or her duties under this Act, even if

the information or documents are confidential or subject to solicitor-client

privilege, litigation privilege or settlement privilege.

Access

to records

(2) Despite

any other rights of privacy, confidentiality or privilege, including

solicitor-client privilege, litigation privilege, settlement privilege and

public interest immunity, the Auditor General is entitled to have free access

to all books, accounts, financial records, electronic data processing records,

reports, files and all other papers, things or property belonging to or used by

a ministry, agency of the Crown, Crown controlled corporation or grant

recipient, as the case may be, that the Auditor General believes to be

necessary to perform his or her duties under this Act.

Members’

Integrity Act, 1994

(1) Clause (

a) of the definition of “family” in

section 1 of the Members’ Integrity Act, 1994 is repealed and the

following substituted:

(

a) his

or her spouse, children, siblings and parents, and

(2) Section

2 of the Act is repealed and the following substituted:

Conflict

of interest

member of the Assembly shall not make a decision or participate in making a

decision in the execution of his or her office if,

(

a) the

member knows or reasonably should know that in the making of the decision there

is an opportunity to further the member’s private interest or improperly to

further another person’s private interest; or

(

b) the

making of the decision would lead to the reasonable perception that there is an

opportunity to further the member’s private interest or improperly to further

another person’s private interest.

(3) The

Act is amended by adding the following section:

Preferential

treatment

6.1 No member of the

Assembly shall, in the exercise of an official power, duty or function, give

preferential treatment to any person or organization based on the identity of

the person or organization.

(4) Subsection

31 (1) of the Act is amended by striking out “When a matter is referred to the

Commissioner under

section 30” at the beginning and substituting “When a matter

is referred to the Commissioner under

section 30, or if the Commissioner

otherwise determines that it is appropriate to do so”.

(5) Section

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

Same

(1.1) At

any time before the conclusion of the inquiry, the Commissioner may expand the

scope of the inquiry if the Commissioner determines it is appropriate to do.

(6) Subsection

31 (2) of the Act is amended by adding “or the Commissioner otherwise

determined it was appropriate to conduct an inquiry” after “member” in the

portion before clause (a).

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Cleaning Up Corruption

Act, 2023 .

Date Bill stage Event Outcome Committee

December 4, 2023

Second Reading

Vote

Lost on division

November 30, 2023

Second Reading

Question put

Vote deferred

November 30, 2023

Second Reading

Debated

November 2, 2023

First Reading

Ordered for Second Reading

November 2, 2023

First Reading

Vote

Carried

First Reading

November 2, 2023

Carried

Ordered for Second Reading

Second Reading

November 30, 2023

Begum, Doly

Scarborough Southwest

Glover, Chris

Spadina—Fort York

Saunderson, Brian

Simcoe—Grey

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Wong-Tam, Kristyn

Toronto Centre

December 4, 2023

Lost on division