Ontario Bill 75 (43rd Parliament, 1st Session)
Bill 75, 43-1
Ontario — Bills
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Bill 75, Queen's Park Restoration Act, 2023
Calandra, Hon. Paul Minister of Legislative Affairs
Royal Assent received. Statutes of Ontario 2023,
chapter 7
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Bill 75 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 75 and does not form part of the law.
Bill 75 has been enacted as
Chapter 7 of the Statutes of Ontario, 2023.
Schedule
1 enacts the Queen's Park Restoration Secretariat Act,
2023 . That Act establishes the Queen’s Park Restoration Secretariat. The
Minister responsible for that Secretariat has the responsibility of carrying
out the project to restore, refurbish, rehabilitate and preserve the
Legislative Building (the “Queen’s Park Restoration Project”). Various
consulting and reporting requirements are also enacted.
Schedule
2 amends the Legislative Assembly Act to facilitate
the Queen’s Park Restoration Project, for example by permitting regulations to
adjust the definition of “Legislative Precinct”. In addition, the Act is
amended to allow for alternate commissioners on the Board of Internal Economy.
Schedule
3 amends the Freedom of Information and Protection of
Privacy Act to provide that that Act does not apply to records prepared
by the Office of the Assembly and provided to an institution in connection with
the Queen’s Park Restoration Project until 20 years after the Queen's Park Restoration Secretariat Act, 2023 is
repealed.
Bill 75 2023
Act to enact the Queen’s Park Restoration Secretariat Act, 2023, and to make
certain amendments to the Legislative Assembly Act and the Freedom of
Information and Protection of Privacy Act
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Queen's
Park Restoration Secretariat Act, 2023
Schedule 2
Legislative
Assembly Act
Schedule 3
Freedom
of Information and Protection of Privacy Act
His
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) Except as otherwise provided in this
section, this Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any of its provisions are to come into
force on a day to be named by proclamation of the Lieutenant Governor, a
proclamation may apply to one or more of those provisions, and proclamations
may be issued at different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Queen’s
Park Restoration Act, 2023 .
SCHEDULE 1
QUEEN’S PARK RESTORATION SECRETARIAT ACT, 2023
Definitions
this Act,
“Board
of Internal Economy” means the Board of Internal Economy continued under
section 87 of the Legislative Assembly Act ; (“Commission
de régie interne”)
“Deputy
Minister” means the Deputy Minister appointed under subsection 2 (4); (“sous-ministre”)
“Minister”
means the Minister responsible for the Queen’s Park Restoration Secretariat; (“ministre”)
“Queen’s
Park Restoration Project” means the project to restore, refurbish, rehabilitate
and preserve the Legislative Building including the associated systems and
infrastructure, the building grounds and Lieutenant Governor’s office, as well
as everything required for the temporary relocation and continuous functioning of
the Legislative Assembly; (“Projet de restauration de Queen’s Park”)
“Secretariat”
means the ministry known as the Queen's Park Restoration Secretariat
established under subsection 2 (1); (“Secrétariat”)
Secretariat
(1) A
and Secrétariat de la restauration de Queen’s Park in French, is established.
Minister
to have charge
(2) The
Minister shall preside over and have charge of the Secretariat.
Responsibilities
of Minister
(3) It
is the responsibility of the Minister to,
(
a) have
charge of the Queen’s Park Restoration Project;
(
b) identify,
secure and prepare a location suitable for the continued functionality of the
Legislative Assembly of Ontario for the duration of the Queen’s Park
Restoration Project;
(
c) seek
stable and secure funding for the Queen’s Park Restoration Project; and
(
d) carry
out any other functions assigned by the Lieutenant Governor in Council.
Deputy
Minister
(4) The
Lieutenant Governor in Council shall appoint a Deputy Minister of the Queen’s
Park Restoration Secretariat who shall be the deputy head of the Secretariat.
Employees
Such
employees as are required from time to time for the proper conduct of the
business of the Secretariat may be appointed under
Part III of the Public Service of Ontario Act, 2006 .
Contracts
(1) The
Minister, for and in the name of the Crown, may enter into any contract or
agreement that the Minister considers advisable for the purpose of carrying out
any responsibility of the Minister under this Act.
Same
(2) Public
servants, under the direction of the Minister and the Deputy Minister, may
enter into contracts or agreements for and in the name of the Crown to carry
out the responsibilities of the Minister under this Act.
Executive
project working group
The
Minister shall establish an executive project working group to advise the
Minister on the Queen’s Park Restoration Project that shall include, at
minimum, representatives chosen by each of,
(
a) the
Minister;
(
b) the
Deputy Minister; and
(
c) the
Board of Internal Economy.
Advisory
committees
(1) The
Lieutenant Governor in Council or the Minister may,
(
a) establish
advisory committees to advise the Minister on the Queen’s Park Restoration
Project;
(
b) appoint
the members of the committees, and designate one member as chair and one or
more members as vice-chair; and
(
c) determine
the terms of reference of the committees.
Remuneration
and expenses
(2) The
Lieutenant Governor in Council may determine the remuneration and expenses of
persons appointed under clause (1) (b).
Consultation
and reports
(1) The
Minister shall consult with, and provide reports to, a Standing Committee of
the Legislative Assembly on the general plans for the Queen’s Park Restoration
Project and seek input on matters that, in the Minister’s opinion, constitute substantive
decisions affecting the Queen’s Park Restoration Project.
Advice
of Board
(2) The
Minister shall seek the advice of the Board of Internal Economy on the Queen’s
Park Restoration Project.
Minister
to consider all advice
(3) The
Minister shall take into consideration all advice of the Board of Internal
Economy with respect to the Queen’s Park Restoration Project and, subject to
subsection (4), shall take reasonable steps to implement requests of the Board.
Where
advice is not taken
(4) If
a request mentioned in subsection (3), should not, in the opinion of the Minister,
be implemented, the Minister shall provide a report to the Board of Internal
Economy with a detailed explanation of the factors preventing implementation.
Progress
reports
(5) The
Minister shall provide the Board of Internal Economy with periodic progress
reports on the Queen’s Park Restoration Project at least every three months,
and at any other times requested by the Board.
Deputy
Minister
(6) The
Deputy Minister, or their representative, shall routinely consult with the
Clerk of the Assembly or their representative. in respect of the Office of the
Assembly and Board of Internal Economy’s needs and interests in the Queen’s
Park Restoration Project.
Additional
reporting
The
Minister and Deputy Minister shall comply with such additional reporting or
consultation requirements as may be prescribed in the regulations made under
this Act.
Crown
liability
personal liability
(1) No
cause of action arises against any current or former member of the Executive
Council, current or former Deputy Minister, current or former employee or agent
of the Secretariat or any current or former employee of the Office of the
Assembly for any act done in good faith in the exercise or performance, or
intended exercise or performance, of the person’s powers, duties or functions
under this Act or for any alleged neglect, default or other omission in the
exercise or performance in good faith of those powers, duties or functions.
Crown
remains vicariously liable
(2) Despite
subsection 8 (3) of the Crown Liability and Proceedings
Act, 2019 , subsection (1) does not relieve the Crown of liability to
which it would otherwise be subject as a result of the acts or omissions of any
current or former member of the executive Council, current or former Deputy
Minister or current or former employee or agent of the Secretariat.
Speaker
remains vicariously liable
(3) Subsection
(1) does not relieve the Speaker of liability to which the Speaker would
otherwise be subject as a result of the acts or omissions of any current or
former employee of the Office of the Assembly.
Proceedings
barred
(4) No
proceeding shall be commenced against any person specified in subsection (1) in
respect of a matter referred to in that subsection.
Same
(5) Subsection
(4) does not apply with respect to an application for judicial review, but does
apply with respect to any other court, administrative or arbitral proceeding
claiming any remedy or relief, including specific performance, an injunction,
declaratory relief, a remedy in contract, restitution, unjust enrichment or
tort, a remedy for breach of trust or fiduciary obligation or any equitable
remedy, enforcement of a judgment, order or award made outside Ontario or any
form of compensation or damages including loss of revenue or profit.
Proceedings
by Crown, Speaker not prevented
(6) This
section does not apply with respect to proceedings brought by the Crown or the
Speaker.
Rights
and privileges preserved
Nothing
in this Act shall be construed to deprive the Legislative Assembly, a committee
of the Legislative Assembly or a member of the Legislative Assembly of any
right, immunity, privilege or power that the Assembly, committee or member
might otherwise have been entitled to exercise or enjoy.
Delegation
of authority
Where,
under this or any other Act, power or authority is granted to or vested in the
Minister, the Minister may in writing delegate that power or authority to the
Deputy Minister, to a public servant or to a Crown agent, subject to such
limitations, restrictions, conditions and requirements as the Minister may set
out in the delegation.
Conclusion
of Restoration Project
When,
in the opinion of the Minister, the Queen’s Park Restoration Project is
completed the Minister shall report this determination to the Standing
Committee of the Legislative Assembly responsible for consultation with the
Minister pursuant to
section 108.3 of the Legislative
Assembly Act .
Regulations
The
Lieutenant Governor in Council may make regulations prescribing additional
reporting and consultation requirements for the purposes of
section 8.
Commencement
The Act set out in this
Schedule comes into force on a day to be named by
proclamation of the Lieutenant Governor.
Short
title
The
short title of the Act set out in this
Schedule is the Queen’s Park Restoration Secretariat Act, 2023 .
SCHEDULE 2
LEGISLATIVE ASSEMBLY ACT
Section 87 of the Legislative Assembly Act is
repealed and the following substituted:
Board
of Internal Economy, composition
(1) The
Board of Internal Economy is continued, to be composed of,
(
a) the
Speaker;
(
b) one
commissioner, and one corresponding alternate commissioner, that the Lieutenant
Governor in Council appoints from among the members of the Executive Council;
(
c) one
commissioner, and one corresponding alternate commissioner, that the caucus of
each recognized party, within the meaning of subsection 62 (5), that is not the
party from which the Government is chosen, appoints from among its members;
(
d) a
number of commissioners that the caucus of the party from which the Government
is chosen appoints from among its members, so that the total number of those
commissioners and the commissioner who may be appointed under clause (
b) is
equal to the total number of commissioners who may be appointed under clause
(c); and
(
e) a
number of alternate commissioners that the caucus of the party from which the
Government is chosen appoints from among its members that is equal to the
number of commissioners appointed under clause (d), so that the total number of
those alternate commissioners and the alternate commissioner who may be
appointed under clause (
b) is equal to the total number of alternate
commissioners who may be appointed under clause (c).
Alternate
commissioners
(2) An
alternate commissioner appointed under subsection (1) shall have the powers and
duties of a commissioner for whom they are an alternate, but only if the
commissioner is absent or unable to fulfil their duties, or if the office is
vacant.
Speaker
(3) The
Speaker shall be the chair and a non-voting member of the Board.
Notice
to Speaker
(4) Within
10 days of appointing a person as a commissioner or alternate commissioner, the
Lieutenant Governor in Council or the caucus of the party making the
appointment shall communicate the name of the person appointed to the Speaker.
Notice
to Assembly
(5) The
Speaker shall communicate to the Assembly the name of each person appointed as
a commissioner or alternate commissioner.
Quorum
(6) A
quorum of the Board consists of the Speaker, the commissioner appointed under
clause (1) (
b) or their alternate and one commissioner appointed under clause
(1) (
c) or their alternate.
Dissolution
(7) On
the dissolution of the Legislature, every commissioner and alternate
commissioner shall be deemed to remain in office as such, as if there had been
no dissolution, until their replacement in accordance with subsection (1).
Subsection 90 (1) of the Act is amended by striking out “and” after clause
(e.3) and by adding the following clause:
(e.4) to
work with, and provide advice to, the Queen’s Park Restoration Secretariat on
the restoration, refurbishment, rehabilitation and preservation of the
Legislative Building; and
3 Subsection 103 (2) of the Act is repealed and
the following substituted:
Mandate
(2) The
Legislative Protective Service is responsible for all matters with respect to
the physical protection and security of the legislative precinct and in
relation to the business of the Legislative Assembly and its members, including,
(
a) controlling
access to and from the precinct;
(
b) preserving
and maintaining the public peace;
(
c) protecting
life and property;
(
d) protecting
the legislative process; and
(
e) carrying
out other responsibilities, as directed by the Speaker.
Section 103.0.1 of the Act is repealed and
the following substituted:
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
outside the legislative precinct in accordance with either,
(
a) an
agreement between the Speaker and the owner or occupier of the premises or
area; or
(
b) a
written directive of the Speaker issued pursuant to subsection 103.0.2 (2).
(1) Section 103.0.2 of the Act is
amended by adding the following subsection:
Guidelines,
directives, or authorizations made public
(2.1) The
Speaker may, in the Speaker’s sole discretion, make any guidelines, directives
or authorizations issued pursuant to this
section publicly available in whole
or in part.
(2) Subsection 103.0.2 (4) of the Act is repealed and the following substituted:
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 for the purpose of carrying out their
duties as authorized by the Speaker in writing, subject to any conditions or
restrictions the Speaker may impose on the authorization.
The Act is amended by adding the following section:
Delegation
to a Minister of the Crown
107.1.1
(1) For the
purposes of preparing for the restoration, refurbishment, rehabilitation and
preservation of the Legislative Building, the Board of Internal Economy may, in
writing, delegate to a Minister of the Crown the Board’s powers, duties or
control under sections 102.2 and 103.1.
Subdelegation
from Speaker
(2) Where
the Board of Internal Economy has delegated a power, duty or control under
section 102.2 or 103.1 to the Speaker pursuant to
section 107, the Speaker may,
in writing, subdelegate that power, duty or control to a Minister of the Crown
for the purposes of preparing for the restoration, preservation, refurbishment,
rehabilitation and preservation of the Legislative Building, subject to any
conditions or restrictions imposed by the Board when delegating the power, duty
or control.
Subdelegation
from Minister
(3) A
Minister may subdelegate any powers, duties or control delegated under subsection
(1) or (2) to their Deputy Minister, to a public servant employed under
Part
III of the Public Service of Ontario Act, 2006 who
works in or provides services to the Secretariat of the Minister or to a Crown
agency, subject to any conditions or restrictions imposed by the Board of
Internal Economy or the Speaker when delegating the power, duty or control.
Section 107.2 of the Act is amended by striking out “section 107 or 107.1” and
substituting “section 107, 107.1 or 107.1.1”.
The Act is amended by adding the following sections:
Queen’s
Park Restoration Project
Government
House Leader
108.1 The member of the
Assembly who also holds the position of Minister for the purposes of the Queen’s Park Restoration Secretariat Act, 2023 is the
Government House Leader for the purposes of this Act.
Interpretation
108.2 In sections 108.3, 108.4
and 108.5,
“Minister”,
“Deputy Minister” and “Queen’s Park Restoration Project” have the same meaning
as in the Queen’s Park Restoration Secretariat Act, 2023 .
Consultation
108.3
(1) A
standing committee of the Legislative Assembly shall,
(
a) consult
with the Minister, review the general plans for the Queen’s Park Restoration
Project and provide recommendations concerning the general plans; and
(
b) provide
input and advice on substantive decisions affecting the Queen’s Park
Restoration Project and any other such matters related to the Queen’s Park
Restoration Project about which the committee wishes to provide input and
advice.
Consultation,
Deputy Minister
(2) Where,
under subsection 7 (6) of the Queen’s Park Restoration
Secretariat Act, 2023 , the Deputy Minister or their representative
consults with the Clerk of the Assembly or their representative, the Clerk or
their representative shall participate in those consultations by providing
input in respect of the Office of the Assembly and Board of Internal Economy’s
needs and interests in the Queen’s Park Restoration Project.
Regulations,
legislative precinct
108.4
(1) In order
to facilitate the Queen’s Park Restoration Project, the Lieutenant Governor in
Council may make regulations,
(
a) providing
for a different definition of “legislative precinct” than that provided for in
section 102.1;
(
b) providing
for a “legislative precinct restoration zone”, which may include,
(
i) land
or buildings that would normally be part of the legislative precinct, except
for the regulations made under clause (a),
(ii) any
other locations the Lieutenant Governor in Council may consider necessary for
the purposes of the Queen’s Park Restoration Project;
(
c) defining,
enlarging or restricting the meaning of any word or expression used in the
definition of “legislative precinct”.
Same
(2) Without
limiting the generality of subsection (1), a regulation made under clause (1)
(
a) may provide,
(
a) that
a place that would otherwise be part of the “legislative precinct” is deemed
not to be part of it; and
(
b) that
one or more places that would otherwise not be part of the “legislative
precinct” are deemed to be part of it.
Consultation
required
(3) The
Lieutenant Governor in Council shall not make a regulation under subsection (1)
unless,
(
a) the
Minister has recommended it; and
(
b) the
Minister or a person delegated by the Minister has consulted with, and received
the written approval of, the Board of Internal Economy in a manner and to the
extent that the Minister or delegate considers appropriate.
Control
of zone
(4) Where
the Lieutenant Governor in Council has made regulations under clause (1) (
b) providing for a legislative precinct restoration zone, the zone shall be under
the control of the Minister.
Revocation
(5) After
the Minister or Minister’s delegate consults with the Board of Internal Economy
and within a reasonable time after completion of the Queen’s Park Restoration
Project, the Minister shall recommend to the Lieutenant Governor in Council the
revocation of all regulations made under subsection (1).
Conclusion
of Restoration Project
108.5
(1) When the
Standing Committee of the Legislative Assembly that is responsible for
consultation with the Minister pursuant to
section 108.3 has received a report
from the Minister pursuant to
section 12 of the Queen’s
Park Restoration Secretariat Act, 2023 that the Queen’s Park Restoration
Project is completed, the committee shall undertake a study of the completeness
of the Queen’s Park Restoration Project and identify spent provisions of this
Act and the Queen’s Park Restoration Secretariat Act, 2023
related to the Queen’s Park Restoration Project.
Report
(2) The
committee may prepare a report in relation to the study under subsection (1),
and in that report may recommend the repeal of the spent provisions identified,
including, if the committee considers it advisable, a draft of legislation to
that effect.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 3
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
Section 65 of the Freedom of Information and Protection of
Privacy Act is amended by adding the following subsection:
Queen’s
Park restoration records
(17) This
Act does not apply to records prepared by the Assembly with respect to the
Queen’s Park Restoration Project until 20 years after the Queen’s
Park Restoration Secretariat Act, 2023 is repealed.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
Bill 75 As Amended by Standing Committee (PDF)
This
reprint of the Bill is marked to indicate the changes that were made in
Committee.
The
changes are indicated by underlines for
new text and a strikethrough for deleted text.
______________
EXPLANATORY
NOTE
Schedule
1 enacts the Queen's Park Restoration Secretariat Act,
2023 . That Act establishes the Queen’s Park Restoration Secretariat. The
Minister responsible for that Secretariat has the responsibility of carrying
out the project to restore, refurbish, rehabilitate and preserve the
Legislative Building (the “Queen’s Park Restoration Project”). Various
consulting and reporting requirements are also enacted.
Schedule
2 amends the Legislative Assembly Act to facilitate
the Queen’s Park Restoration Project, for example by permitting regulations to
adjust the definition of “Legislative Precinct”. In addition, the Act is
amended to allow for alternate commissioners on the Board of Internal Economy.
Schedule
3 amends the Freedom of Information and Protection of
Privacy Act to provide that that Act does not apply to records prepared
by the Office of the Assembly and provided to an institution in connection with
the Queen’s Park Restoration Project until 20 years after the Queen's Park Restoration Secretariat Act, 2023 is
repealed.
Bill 75 2023
Act to enact the Queen’s Park Restoration Secretariat Act, 2023, and to make
certain amendments to the Legislative Assembly Act and the Freedom of
Information and Protection of Privacy Act
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Queen's
Park Restoration Secretariat Act, 2023
Schedule 2
Legislative
Assembly Act
Schedule 3
Freedom
of Information and Protection of Privacy Act
His
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) Except as otherwise provided in this
section, this Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any of its provisions are to come into
force on a day to be named by proclamation of the Lieutenant Governor, a
proclamation may apply to one or more of those provisions, and proclamations
may be issued at different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Queen’s
Park Restoration Act, 2023 .
SCHEDULE 1
QUEEN’S PARK RESTORATION SECRETARIAT ACT, 2023
Definitions
this Act,
“Board
of Internal Economy” means the Board of Internal Economy continued under
section 87 of the Legislative Assembly Act ; (“Commission
de régie interne”)
“Deputy
Minister” means the Deputy Minister appointed under subsection 2 (4); (“sous-ministre”)
“Minister”
means the Minister responsible for the Queen’s Park Restoration Secretariat; (“ministre”)
“Queen’s
Park Restoration Project” means the project to restore, refurbish, rehabilitate
and preserve the Legislative Building including the associated systems and
infrastructure, the building grounds and Lieutenant Governor’s office, as well
as everything required for the temporary relocation and continuous functioning of
the Legislative Assembly; (“Projet de restauration de Queen’s Park”)
“Secretariat”
means the ministry known as the Queen's Park Restoration Secretariat
established under subsection 2 (1); (“Secrétariat”)
Secretariat
(1) A
and Secrétariat de la restauration de Queen’s Park in French, is established.
Minister
to have charge
(2) The
Minister shall preside over and have charge of the Secretariat.
Responsibilities
of Minister
(3) It
is the responsibility of the Minister to,
(
a) have
charge of the Queen’s Park Restoration Project;
(
b) identify,
secure and prepare a location suitable for the continued functionality of the
Legislative Assembly of Ontario for the duration of the Queen’s Park
Restoration Project;
(
c) seek
stable and secure funding for the Queen’s Park Restoration Project; and
(
d) carry
out any other functions assigned by the Lieutenant Governor in Council.
Deputy
Minister
(4) The
Lieutenant Governor in Council shall appoint a Deputy Minister of the Queen’s
Park Restoration Secretariat who shall be the deputy head of the Secretariat.
Employees
Such
employees as are required from time to time for the proper conduct of the
business of the Secretariat may be appointed under
Part III of the Public Service of Ontario Act, 2006 .
Contracts
(1) The
Minister, for and in the name of the Crown, may enter into any contract or
agreement that the Minister considers advisable for the purpose of carrying out
any responsibility of the Minister under this Act.
Same
(2) Public
servants, under the direction of the Minister and the Deputy Minister, may
enter into contracts or agreements for and in the name of the Crown to carry
out the responsibilities of the Minister under this Act.
Executive
project working group
The
Minister shall establish an executive project working group to advise the
Minister on the Queen’s Park Restoration Project that shall include, at
minimum, representatives chosen by each of,
(
a) the
Minister;
(
b) the
Deputy Minister; and
(
c) the
Board of Internal Economy.
Advisory
committees
(1) The
Lieutenant Governor in Council or the Minister may,
(
a) establish
advisory committees to advise the Minister on the Queen’s Park Restoration
Project;
(
b) appoint
the members of the committees, and designate one member as chair and one or
more members as vice-chair; and
(
c) determine
the terms of reference of the committees.
Remuneration
and expenses
(2) The
Lieutenant Governor in Council may determine the remuneration and expenses of
persons appointed under clause (1) (b).
Consultation
and reports
(1) The
Minister shall consult with, and provide reports to, a Standing Committee of
the Legislative Assembly on the general plans for the Queen’s Park Restoration
Project and seek input on matters that, in the Minister’s opinion, constitute substantive
decisions affecting the Queen’s Park Restoration Project.
Advice
of Board
(2) The
Minister shall seek the advice of the Board of Internal Economy on the Queen’s
Park Restoration Project.
Minister
to consider all advice
(3) The
Minister shall take into consideration all advice of the Board of Internal
Economy with respect to the Queen’s Park Restoration Project and, subject to
subsection (4), shall take reasonable steps to implement requests of the Board.
Where
advice is not taken
(4) If
a request mentioned in subsection (3), should not, in the opinion of the Minister,
be implemented, the Minister shall provide a report to the Board of Internal
Economy with a detailed explanation of the factors preventing implementation.
Progress
reports
(5) The
Minister shall provide the Board of Internal Economy with periodic progress
reports on the Queen’s Park Restoration Project at least every three months,
and at any other times requested by the Board.
Deputy
Minister
(6) The
Deputy Minister, or their representative, shall routinely consult with the
Clerk of the Assembly or their representative. in respect of the Office of the
Assembly and Board of Internal Economy’s needs and interests in the Queen’s
Park Restoration Project.
Additional
reporting
The
Minister and Deputy Minister shall comply with such additional reporting or
consultation requirements as may be prescribed in the regulations made under
this Act.
Crown
liability
personal liability
(1) No
cause of action arises against any current or former member of the Executive
Council, current or former Deputy Minister, current or former employee or agent
of the Secretariat or any current or former employee of the Office of the
Assembly for any act done in good faith in the exercise or performance, or
intended exercise or performance, of the person’s powers, duties or functions
under this Act or for any alleged neglect, default or other omission in the
exercise or performance in good faith of those powers, duties or functions.
Crown
remains vicariously liable
(2) Despite
subsection 8 (3) of the Crown Liability and Proceedings
Act, 2019 , subsection (1) does not relieve the Crown of liability to
which it would otherwise be subject as a result of the acts or omissions of any
current or former member of the executive Council, current or former Deputy
Minister or current or former employee or agent of the Secretariat.
Speaker
remains vicariously liable
(3) Subsection
(1) does not relieve the Speaker of liability to which the Speaker would
otherwise be subject as a result of the acts or omissions of any current or
former employee of the Office of the Assembly.
Proceedings
barred
(4) No
proceeding shall be commenced against any person specified in subsection (1) in
respect of a matter referred to in that subsection.
Same
(5) Subsection
(4) does not apply with respect to an application for judicial review, but does
apply with respect to any other court, administrative or arbitral proceeding
claiming any remedy or relief, including specific performance, an injunction,
declaratory relief, a remedy in contract, restitution, unjust enrichment or
tort, a remedy for breach of trust or fiduciary obligation or any equitable
remedy, enforcement of a judgment, order or award made outside Ontario or any
form of compensation or damages including loss of revenue or profit.
Proceedings
by Crown, Speaker not prevented
(6) This
section does not apply with respect to proceedings brought by the Crown or the
Speaker.
Rights
and privileges preserved
Nothing
in this Act shall be construed to deprive the Legislative Assembly, a committee
of the Legislative Assembly or a member of the Legislative Assembly of any
right, immunity, privilege or power that the Assembly, committee or member
might otherwise have been entitled to exercise or enjoy.
Delegation
of authority
Where,
under this or any other Act, power or authority is granted to or vested in the
Minister, the Minister may in writing delegate that power or authority to the
Deputy Minister, to a public servant or to a Crown agent, subject to such
limitations, restrictions, conditions and requirements as the Minister may set
out in the delegation.
Conclusion
of Restoration Project
When,
in the opinion of the Minister, the Queen’s Park Restoration Project is
completed the Minister shall report this determination to the Standing
Committee of the Legislative Assembly responsible for consultation with the
Minister pursuant to
section 108.3 of the Legislative
Assembly Act .
Regulations
The
Lieutenant Governor in Council may make regulations prescribing additional
reporting and consultation requirements for the purposes of
section 8.
Commencement
The Act set out in this
Schedule comes into force on a day to be named by
proclamation of the Lieutenant Governor.
Short
title
The
short title of the Act set out in this
Schedule is the Queen’s Park Restoration Secretariat Act, 2023 .
SCHEDULE 2
LEGISLATIVE ASSEMBLY ACT
Section 87 of the Legislative Assembly Act is
repealed and the following substituted:
Board
of Internal Economy, composition
(1) The
Board of Internal Economy is continued, to be composed of,
(
a) the
Speaker;
(
b) one
commissioner, and one corresponding alternate commissioner, that the Lieutenant
Governor in Council appoints from among the members of the Executive Council;
(
c) one
commissioner, and one corresponding alternate commissioner, that the caucus of
each recognized party, within the meaning of subsection 62 (5), that is not the
party from which the Government is chosen, appoints from among its members;
(
d) a
number of commissioners that the caucus of the party from which the Government
is chosen appoints from among its members, so that the total number of those
commissioners and the commissioner who may be appointed under clause (
b) is
equal to the total number of commissioners who may be appointed under clause
(c); and
(
e) a
number of alternate commissioners that the caucus of the party from which the
Government is chosen appoints from among its members that is equal to the
number of commissioners appointed under clause (d), so that the total number of
those alternate commissioners and the alternate commissioner who may be
appointed under clause (
b) is equal to the total number of alternate
commissioners who may be appointed under clause (c).
Alternate
commissioners
(2) An
alternate commissioner appointed under subsection (1) shall have the powers and
duties of a commissioner for whom they are an alternate, but only if the
commissioner is absent or unable to fulfil their duties, or if the office is
vacant.
Speaker
(3) The
Speaker shall be the chair and a non-voting member of the Board.
Notice
to Speaker
(4) Within
10 days of appointing a person as a commissioner or alternate commissioner, the
Lieutenant Governor in Council or the caucus of the party making the
appointment shall communicate the name of the person appointed to the Speaker.
Notice
to Assembly
(5) The
Speaker shall communicate to the Assembly the name of each person appointed as
a commissioner or alternate commissioner.
Quorum
(6) A
quorum of the Board consists of the Speaker, the commissioner appointed under
clause (1) (
b) or their alternate and one commissioner appointed under clause
(1) (
c) or their alternate.
Dissolution
(7) On
the dissolution of the Legislature, every commissioner and alternate
commissioner shall be deemed to remain in office as such, as if there had been
no dissolution, until their replacement in accordance with subsection (1).
Subsection 90 (1) of the Act is amended by striking out “and” after clause
(e.3) and by adding the following clause:
(e.4) to
work with, and provide advice to, the Queen’s Park Restoration Secretariat on
the restoration, refurbishment, rehabilitation and preservation of the
Legislative Building; and
2.1
Subsection 103 (2) of the Act is repealed and the following substituted:
Mandate
(2) The Legislative
Protective Service is responsible for all matters with respect to the physical
protection and security of the legislative precinct and in relation to the
business of the Legislative Assembly and its members, including,
(
a) controlling
access to and from the precinct ;
(
b) preserving
and maintaining the public peace;
(
c) protecting
life and property;
(
d) protecting
the legislative process; and
(
e) carrying out
other responsibilities, as directed by the Speaker.
2.2
Section 103.0.1 of the Act is repealed and the following substituted:
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 outside the legislative precinct in accordance
with either,
(
a) an agreement
between the Speaker and the owner or occupier of the premises or area; or
(
b) a written
directive of the Speaker issued pursuant to subsection 103.0.2 (2).
2.3
(1) Section 103.0.2 of the Act is amended by adding the following
subsection:
Guidelines, directives, or
authorizations made public
(2.1) The Speaker may, in the
Speaker’s sole discretion, make any guidelines, directives or authorizations
issued pursuant to this
section publicly available in whole or in part.
(2) Subsection 103.0.2 (4) of the Act is
repealed and the following substituted:
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 for the purpose of carrying out their
duties as authorized by the Speaker in writing, subject to any conditions or
restrictions the Speaker may impose on the authorization.
The Act is amended by adding the following section:
Delegation
to a Minister of the Crown
107.1.1
(1) For the
purposes of preparing for the restoration, refurbishment, rehabilitation and
preservation of the Legislative Building, the Board of Internal Economy may, in
writing, delegate to a Minister of the Crown the Board’s powers, duties or
control under sections 102.2 and 103.1.
Subdelegation
from Speaker
(2) Where
the Board of Internal Economy has delegated a power, duty or control under
section 102.2 or 103.1 to the Speaker pursuant to
section 107, the Speaker may,
in writing, subdelegate that power, duty or control to a Minister of the Crown
for the purposes of preparing for the restoration, preservation, refurbishment,
rehabilitation and preservation of the Legislative Building, subject to any
conditions or restrictions imposed by the Board when delegating the power, duty
or control.
Subdelegation
from Minister
(3) A
Minister may subdelegate any powers, duties or control delegated under subsection
(1) or (2) to their Deputy Minister, to a public servant employed under
Part
III of the Public Service of Ontario Act, 2006 who
works in or provides services to the Secretariat of the Minister or to a Crown
agency, subject to any conditions or restrictions imposed by the Board of
Internal Economy or the Speaker when delegating the power, duty or control.
Section 107.2 of the Act is amended by striking out “section 107 or 107.1” and
substituting “section 107, 107.1 or 107.1.1”.
The Act is amended by adding the following sections:
Queen’s
Park Restoration Project
Government
House Leader
108.1 The member of the
Assembly who also holds the position of Minister for the purposes of the Queen’s Park Restoration Secretariat Act, 2023 is the
Government House Leader for the purposes of this Act.
Interpretation
108.2 In sections 108.3, 108.4
and 108.5,
“Minister”,
“Deputy Minister” and “Queen’s Park Restoration Project” have the same meaning
as in the Queen’s Park Restoration Secretariat Act, 2023 .
Consultation
108.3
(1) A
standing committee of the Legislative Assembly shall,
(
a) consult
with the Minister, review the general plans for the Queen’s Park Restoration
Project and provide recommendations concerning the general plans; and
(
b) provide
input and advice on substantive decisions affecting the Queen’s Park
Restoration Project and any other such matters related to the Queen’s Park
Restoration Project about which the committee wishes to provide input and
advice.
Consultation,
Deputy Minister
(2) Where,
under subsection 7 (6) of the Queen’s Park Restoration
Secretariat Act, 2023 , the Deputy Minister or their representative
consults with the Clerk of the Assembly or their representative, the Clerk or
their representative shall participate in those consultations by providing
input in respect of the Office of the Assembly and Board of Internal Economy’s
needs and interests in the Queen’s Park Restoration Project.
Regulations,
legislative precinct
108.4
(1) In order
to facilitate the Queen’s Park Restoration Project, the Lieutenant Governor in
Council may make regulations,
(
a) providing
for a different definition of “legislative precinct” than that provided for in
section 102.1;
(
b) providing
for a “legislative precinct restoration zone”, which may include,
(
i) land
or buildings that would normally be part of the legislative precinct, except
for the regulations made under clause (a),
(ii) any
other locations the Lieutenant Governor in Council may consider necessary for
the purposes of the Queen’s Park Restoration Project;
(
c) defining,
enlarging or restricting the meaning of any word or expression used in the
definition of “legislative precinct”.
Same
(2) Without
limiting the generality of subsection (1), a regulation made under clause (1)
(
a) may provide,
(
a) that
a place that would otherwise be part of the “legislative precinct” is deemed
not to be part of it; and
(
b) that
one or more places that would otherwise not be part of the “legislative
precinct” are deemed to be part of it.
Consultation
required
(3) The
Lieutenant Governor in Council shall not make a regulation under subsection (1)
unless,
(
a) the
Minister has recommended it; and
(
b) the
Minister or a person delegated by the Minister has consulted with, and received
the written approval of, the Board of Internal Economy in a manner and to the extent
that the Minister or delegate considers appropriate.
Control
of zone
(4) Where
the Lieutenant Governor in Council has made regulations under clause (1) (
b) providing for a legislative precinct restoration zone, the zone shall be under
the control of the Minister.
Revocation
(5) After
the Minister or Minister’s delegate consults with the Board of Internal Economy
and within a reasonable time after completion of the Queen’s Park Restoration
Project, the Minister shall recommend to the Lieutenant Governor in Council the
revocation of all regulations made under subsection (1).
Conclusion
of Restoration Project
108.5
(1) When the
Standing Committee of the Legislative Assembly that is responsible for
consultation with the Minister pursuant to
section 108.3 has received a report
from the Minister pursuant to
section 12 of the Queen’s
Park Restoration Secretariat Act, 2023 that the Queen’s Park Restoration
Project is completed, the committee shall undertake a study of the completeness
of the Queen’s Park Restoration Project and identify spent provisions of this
Act and the Queen’s Park Restoration Secretariat Act, 2023
related to the Queen’s Park Restoration Project.
Report
(2) The
committee may prepare a report in relation to the study under subsection (1),
and in that report may recommend the repeal of the spent provisions identified,
including, if the committee considers it advisable, a draft of legislation to
that effect.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 3
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
Section 65 of the Freedom of Information and Protection of
Privacy Act is amended by adding the following subsection:
Queen’s
Park restoration records
(17) This Act does not apply
to records prepared by the Office of the Assembly and provided to an
institution in accordance with the Queen’s Park
Restoration Secretariat Act, 2023 , or in accordance with the Legislative Assembly Act
with respect to the Queen’s Park Restoration Project, until 20 years after the Queen’s Park Restoration Secretariat Act, 2023 is
repealed.
Queen’s Park restoration records
(17) This Act does not apply
to records prepared by the Assembly with respect to the Queen’s Park
Restoration Project until 20 years after the Queen’s Park Restoration
Secretariat Act, 2023 is repealed.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
Bill 75 Original (PDF)
EXPLANATORY
NOTE
Schedule
1 enacts the Queen's Park Restoration Secretariat Act,
2023 . That Act establishes the Queen’s Park Restoration Secretariat. The
Minister responsible for that Secretariat has the responsibility of carrying
out the project to restore, refurbish, rehabilitate and preserve the
Legislative Building (the “Queen’s Park Restoration Project”). Various
consulting and reporting requirements are also enacted.
Schedule
2 amends the Legislative Assembly Act to facilitate
the Queen’s Park Restoration Project, for example by permitting regulations to
adjust the definition of “Legislative Precinct”. In addition, the Act is
amended to allow for alternate commissioners on the Board of Internal Economy.
Schedule
3 amends the Freedom of Information and Protection of
Privacy Act to provide that that Act does not apply to records prepared
by the Office of the Assembly and provided to an institution in connection with
the Queen’s Park Restoration Project until 20 years after the Queen's Park Restoration Secretariat Act, 2023 is
repealed.
Bill 75 2023
Act to enact the Queen’s Park Restoration Secretariat Act, 2023, and to make
certain amendments to the Legislative Assembly Act and the Freedom of
Information and Protection of Privacy Act
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Queen's
Park Restoration Secretariat Act, 2023
Schedule 2
Legislative
Assembly Act
Schedule 3
Freedom
of Information and Protection of Privacy Act
His
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) Except as otherwise provided in this
section, this Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any of its provisions are to come into
force on a day to be named by proclamation of the Lieutenant Governor, a
proclamation may apply to one or more of those provisions, and proclamations
may be issued at different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Queen’s
Park Restoration Act, 2023 .
SCHEDULE 1
QUEEN’S PARK RESTORATION SECRETARIAT ACT, 2023
Definitions
this Act,
“Board
of Internal Economy” means the Board of Internal Economy continued under
section 87 of the Legislative Assembly Act ; (“Commission
de régie interne”)
“Deputy
Minister” means the Deputy Minister appointed under subsection 2 (4); (“sous-ministre”)
“Minister”
means the Minister responsible for the Queen’s Park Restoration Secretariat; (“ministre”)
“Queen’s
Park Restoration Project” means the project to restore, refurbish, rehabilitate
and preserve the Legislative Building including the associated systems and
infrastructure, the building grounds and Lieutenant Governor’s office, as well
as everything required for the temporary relocation and continuous functioning of
the Legislative Assembly; (“Projet de restauration de Queen’s Park”)
“Secretariat”
means the ministry known as the Queen's Park Restoration Secretariat
established under subsection 2 (1); (“Secrétariat”)
Secretariat
(1) A
and Secrétariat de la restauration de Queen’s Park in French, is established.
Minister
to have charge
(2) The
Minister shall preside over and have charge of the Secretariat.
Responsibilities
of Minister
(3) It
is the responsibility of the Minister to,
(
a) have
charge of the Queen’s Park Restoration Project;
(
b) identify,
secure and prepare a location suitable for the continued functionality of the
Legislative Assembly of Ontario for the duration of the Queen’s Park
Restoration Project;
(
c) seek
stable and secure funding for the Queen’s Park Restoration Project; and
(
d) carry
out any other functions assigned by the Lieutenant Governor in Council.
Deputy
Minister
(4) The
Lieutenant Governor in Council shall appoint a Deputy Minister of the Queen’s
Park Restoration Secretariat who shall be the deputy head of the Secretariat.
Employees
Such
employees as are required from time to time for the proper conduct of the
business of the Secretariat may be appointed under
Part III of the Public Service of Ontario Act, 2006 .
Contracts
(1) The
Minister, for and in the name of the Crown, may enter into any contract or
agreement that the Minister considers advisable for the purpose of carrying out
any responsibility of the Minister under this Act.
Same
(2) Public
servants, under the direction of the Minister and the Deputy Minister, may
enter into contracts or agreements for and in the name of the Crown to carry
out the responsibilities of the Minister under this Act.
Executive
project working group
The
Minister shall establish an executive project working group to advise the
Minister on the Queen’s Park Restoration Project that shall include, at
minimum, representatives chosen by each of,
(
a) the
Minister;
(
b) the
Deputy Minister; and
(
c) the
Board of Internal Economy.
Advisory
committees
(1) The
Lieutenant Governor in Council or the Minister may,
(
a) establish
advisory committees to advise the Minister on the Queen’s Park Restoration
Project;
(
b) appoint
the members of the committees, and designate one member as chair and one or
more members as vice-chair; and
(
c) determine
the terms of reference of the committees.
Remuneration
and expenses
(2) The
Lieutenant Governor in Council may determine the remuneration and expenses of
persons appointed under clause (1) (b).
Consultation
and reports
(1) The
Minister shall consult with, and provide reports to, a Standing Committee of
the Legislative Assembly on the general plans for the Queen’s Park Restoration
Project and seek input on matters that, in the Minister’s opinion, constitute substantive
decisions affecting the Queen’s Park Restoration Project.
Advice
of Board
(2) The
Minister shall seek the advice of the Board of Internal Economy on the Queen’s
Park Restoration Project.
Minister
to consider all advice
(3) The
Minister shall take into consideration all advice of the Board of Internal
Economy with respect to the Queen’s Park Restoration Project and, subject to
subsection (4), shall take reasonable steps to implement requests of the Board.
Where
advice is not taken
(4) If
a request mentioned in subsection (3), should not, in the opinion of the
Minister, be implemented, the Minister shall provide a report to the Board of
Internal Economy with a detailed explanation of the factors preventing
implementation.
Progress
reports
(5) The
Minister shall provide the Board of Internal Economy with periodic progress
reports on the Queen’s Park Restoration Project at least every three months,
and at any other times requested by the Board.
Deputy
Minister
(6) The
Deputy Minister, or their representative, shall routinely consult with the
Clerk of the Assembly or their representative. in respect of the Office of the
Assembly and Board of Internal Economy’s needs and interests in the Queen’s
Park Restoration Project.
Additional
reporting
The
Minister and Deputy Minister shall comply with such additional reporting or
consultation requirements as may be prescribed in the regulations made under
this Act.
Crown
liability
personal liability
(1) No
cause of action arises against any current or former member of the Executive
Council, current or former Deputy Minister, current or former employee or agent
of the Secretariat or any current or former employee of the Office of the
Assembly for any act done in good faith in the exercise or performance, or
intended exercise or performance, of the person’s powers, duties or functions
under this Act or for any alleged neglect, default or other omission in the
exercise or performance in good faith of those powers, duties or functions.
Crown
remains vicariously liable
(2) Despite
subsection 8 (3) of the Crown Liability and Proceedings
Act, 2019 , subsection (1) does not relieve the Crown of liability to
which it would otherwise be subject as a result of the acts or omissions of any
current or former member of the executive Council, current or former Deputy
Minister or current or former employee or agent of the Secretariat.
Speaker
remains vicariously liable
(3) Subsection
(1) does not relieve the Speaker of liability to which the Speaker would
otherwise be subject as a result of the acts or omissions of any current or
former employee of the Office of the Assembly.
Proceedings
barred
(4) No
proceeding shall be commenced against any person specified in subsection (1) in
respect of a matter referred to in that subsection.
Same
(5) Subsection
(4) does not apply with respect to an application for judicial review, but does
apply with respect to any other court, administrative or arbitral proceeding
claiming any remedy or relief, including specific performance, an injunction,
declaratory relief, a remedy in contract, restitution, unjust enrichment or
tort, a remedy for breach of trust or fiduciary obligation or any equitable
remedy, enforcement of a judgment, order or award made outside Ontario or any
form of compensation or damages including loss of revenue or profit.
Proceedings
by Crown, Speaker not prevented
(6) This
section does not apply with respect to proceedings brought by the Crown or the
Speaker.
Rights
and privileges preserved
Nothing
in this Act shall be construed to deprive the Legislative Assembly, a committee
of the Legislative Assembly or a member of the Legislative Assembly of any
right, immunity, privilege or power that the Assembly, committee or member
might otherwise have been entitled to exercise or enjoy.
Delegation
of authority
Where,
under this or any other Act, power or authority is granted to or vested in the
Minister, the Minister may in writing delegate that power or authority to the
Deputy Minister, to a public servant or to a Crown agent, subject to such
limitations, restrictions, conditions and requirements as the Minister may set
out in the delegation.
Conclusion
of Restoration Project
When,
in the opinion of the Minister, the Queen’s Park Restoration Project is
completed the Minister shall report this determination to the Standing
Committee of the Legislative Assembly responsible for consultation with the
Minister pursuant to
section 108.3 of the Legislative
Assembly Act .
Regulations
The Lieutenant
Governor in Council may make regulations prescribing additional reporting and
consultation requirements for the purposes of
section 8.
Commencement
The Act set out in this
Schedule comes into force on a day to be named by
proclamation of the Lieutenant Governor.
Short
title
The
short title of the Act set out in this
Schedule is the Queen’s Park Restoration Secretariat Act, 2023 .
SCHEDULE 2
LEGISLATIVE ASSEMBLY ACT
Section 87 of the Legislative Assembly Act is
repealed and the following substituted:
Board
of Internal Economy, composition
(1) The
Board of Internal Economy is continued, to be composed of,
(
a) the
Speaker;
(
b) one
commissioner, and one corresponding alternate commissioner, that the Lieutenant
Governor in Council appoints from among the members of the Executive Council;
(
c) one
commissioner, and one corresponding alternate commissioner, that the caucus of
each recognized party, within the meaning of subsection 62 (5), that is not the
party from which the Government is chosen, appoints from among its members;
(
d) a
number of commissioners that the caucus of the party from which the Government
is chosen appoints from among its members, so that the total number of those
commissioners and the commissioner who may be appointed under clause (
b) is
equal to the total number of commissioners who may be appointed under clause
(c); and
(
e) a
number of alternate commissioners that the caucus of the party from which the
Government is chosen appoints from among its members that is equal to the
number of commissioners appointed under clause (d), so that the total number of
those alternate commissioners and the alternate commissioner who may be
appointed under clause (
b) is equal to the total number of alternate
commissioners who may be appointed under clause (c).
Alternate
commissioners
(2) An
alternate commissioner appointed under subsection (1) shall have the powers and
duties of a commissioner for whom they are an alternate, but only if the
commissioner is absent or unable to fulfil their duties, or if the office is
vacant.
Speaker
(3) The
Speaker shall be the chair and a non-voting member of the Board.
Notice
to Speaker
(4) Within
10 days of appointing a person as a commissioner or alternate commissioner, the
Lieutenant Governor in Council or the caucus of the party making the
appointment shall communicate the name of the person appointed to the Speaker.
Notice
to Assembly
(5) The
Speaker shall communicate to the Assembly the name of each person appointed as
a commissioner or alternate commissioner.
Quorum
(6) A
quorum of the Board consists of the Speaker, the commissioner appointed under
clause (1) (
b) or their alternate and one commissioner appointed under clause
(1) (
c) or their alternate.
Dissolution
(7) On
the dissolution of the Legislature, every commissioner and alternate
commissioner shall be deemed to remain in office as such, as if there had been
no dissolution, until their replacement in accordance with subsection (1).
Subsection 90 (1) of the Act is amended by striking out “and” after clause
(e.3) and by adding the following clause:
(e.4) to
work with, and provide advice to, the Queen’s Park Restoration Secretariat on
the restoration, refurbishment, rehabilitation and preservation of the
Legislative Building; and
The Act is amended by adding the following section:
Delegation
to a Minister of the Crown
107.1.1
(1) For the
purposes of preparing for the restoration, refurbishment, rehabilitation and
preservation of the Legislative Building, the Board of Internal Economy may, in
writing, delegate to a Minister of the Crown the Board’s powers, duties or
control under sections 102.2 and 103.1.
Subdelegation
from Speaker
(2) Where
the Board of Internal Economy has delegated a power, duty or control under
section 102.2 or 103.1 to the Speaker pursuant to
section 107, the Speaker may,
in writing, subdelegate that power, duty or control to a Minister of the Crown
for the purposes of preparing for the restoration, preservation, refurbishment,
rehabilitation and preservation of the Legislative Building, subject to any
conditions or restrictions imposed by the Board when delegating the power, duty
or control.
Subdelegation
from Minister
(3) A
Minister may subdelegate any powers, duties or control delegated under subsection
(1) or (2) to their Deputy Minister, to a public servant employed under
Part
III of the Public Service of Ontario Act, 2006 who
works in or provides services to the Secretariat of the Minister or to a Crown
agency, subject to any conditions or restrictions imposed by the Board of
Internal Economy or the Speaker when delegating the power, duty or control.
Section 107.2 of the Act is amended by striking out “section 107 or 107.1” and
substituting “section 107, 107.1 or 107.1.1”.
The Act is amended by adding the following sections:
Queen’s
Park Restoration Project
Government
House Leader
108.1 The member of the
Assembly who also holds the position of Minister for the purposes of the Queen’s Park Restoration Secretariat Act, 2023 is the
Government House Leader for the purposes of this Act.
Interpretation
108.2 In sections 108.3, 108.4
and 108.5,
“Minister”,
“Deputy Minister” and “Queen’s Park Restoration Project” have the same meaning
as in the Queen’s Park Restoration Secretariat Act, 2023 .
Consultation
108.3
(1) A
standing committee of the Legislative Assembly shall,
(
a) consult
with the Minister, review the general plans for the Queen’s Park Restoration
Project and provide recommendations concerning the general plans; and
(
b) provide
input and advice on substantive decisions affecting the Queen’s Park
Restoration Project and any other such matters related to the Queen’s Park
Restoration Project about which the committee wishes to provide input and
advice.
Consultation,
Deputy Minister
(2) Where,
under subsection 7 (6) of the Queen’s Park Restoration
Secretariat Act, 2023 , the Deputy Minister or their representative
consults with the Clerk of the Assembly or their representative, the Clerk or
their representative shall participate in those consultations by providing
input in respect of the Office of the Assembly and Board of Internal Economy’s
needs and interests in the Queen’s Park Restoration Project.
Regulations,
legislative precinct
108.4
(1) In order
to facilitate the Queen’s Park Restoration Project, the Lieutenant Governor in
Council may make regulations,
(
a) providing
for a different definition of “legislative precinct” than that provided for in
section 102.1;
(
b) providing
for a “legislative precinct restoration zone”, which may include,
(
i) land
or buildings that would normally be part of the legislative precinct, except
for the regulations made under clause (a),
(ii) any
other locations the Lieutenant Governor in Council may consider necessary for
the purposes of the Queen’s Park Restoration Project;
(
c) defining,
enlarging or restricting the meaning of any word or expression used in the
definition of “legislative precinct”.
Same
(2) Without
limiting the generality of subsection (1), a regulation made under clause (1)
(
a) may provide,
(
a) that
a place that would otherwise be part of the “legislative precinct” is deemed
not to be part of it; and
(
b) that
one or more places that would otherwise not be part of the “legislative
precinct” are deemed to be part of it.
Consultation
required
(3) The
Lieutenant Governor in Council shall not make a regulation under subsection (1)
unless,
(
a) the
Minister has recommended it; and
(
b) the
Minister or a person delegated by the Minister has consulted with, and received
the written approval of, the Board of Internal Economy in a manner and to the
extent that the Minister or delegate considers appropriate.
Control
of zone
(4) Where
the Lieutenant Governor in Council has made regulations under clause (1) (
b) providing for a legislative precinct restoration zone, the zone shall be under
the control of the Minister.
Revocation
(5) After
the Minister or Minister’s delegate consults with the Board of Internal Economy
and within a reasonable time after completion of the Queen’s Park Restoration
Project, the Minister shall recommend to the Lieutenant Governor in Council the
revocation of all regulations made under subsection (1).
Conclusion
of Restoration Project
108.5
(1) When the
Standing Committee of the Legislative Assembly that is responsible for
consultation with the Minister pursuant to
section 108.3 has received a report
from the Minister pursuant to
section 12 of the Queen’s
Park Restoration Secretariat Act, 2023 that the Queen’s Park Restoration
Project is completed, the committee shall undertake a study of the completeness
of the Queen’s Park Restoration Project and identify spent provisions of this
Act and the Queen’s Park Restoration Secretariat Act, 2023
related to the Queen’s Park Restoration Project.
Report
(2) The
committee may prepare a report in relation to the study under subsection (1),
and in that report may recommend the repeal of the spent provisions identified,
including, if the committee considers it advisable, a draft of legislation to
that effect.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 3
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
Section 65 of the Freedom of Information and Protection of
Privacy Act is amended by adding the following subsection:
Queen’s
Park restoration records
(17) This
Act does not apply to records prepared by the Office of the Assembly and
provided to an institution in accordance with the Queen’s Park
Restoration Secretariat Act, 2023 , or in accordance with the Legislative Assembly Act
with respect to the Queen’s Park Restoration Project, until 20 years after the Queen’s Park Restoration Secretariat Act, 2023 is
repealed.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
Date Bill stage Event Outcome Committee
May 18, 2023
Royal Assent
Royal Assent received
May 11, 2023
Third Reading
Vote
Carried
May 11, 2023
Third Reading
Question put
May 11, 2023
Third Reading
Debated
May 10, 2023
Third Reading
Debated
Debate adjourned
May 10, 2023
Third Reading
Debated
Debate adjourned
May 9, 2023
Second Reading
Ordered for Third Reading
May 9, 2023
Second Reading
Report adopted
May 9, 2023
Second Reading
Reported as amended
Standing Committee on Procedure and House Affairs
May 9, 2023
Second Reading
Consideration of a Bill
Standing Committee on Procedure and House Affairs
April 20, 2023
Second Reading
Consideration of a Bill
Standing Committee on Procedure and House Affairs
March 9, 2023
Second Reading
Ordered referred to Standing Committee
Standing Committee on Procedure and House Affairs
March 9, 2023
Second Reading
Vote
Carried
March 9, 2023
Second Reading
Question put
March 9, 2023
Second Reading
Debated
March 7, 2023
First Reading
Ordered for Second Reading
March 7, 2023
First Reading
Vote
Carried
First Reading
March 7, 2023
Carried
Second Reading
March 9, 2023
Principal Debaters
Calandra, Hon. Paul
Markham—Stouffville
Coe, Lorne
Whitby
French, Jennifer
Oshawa
Harris, Mike
Kitchener—Conestoga
Hsu, Ted
Kingston and the Islands
Rae, Matthew
Perth—Wellington
Taylor, Monique
Hamilton Mountain
Vanthof, John
Timiskaming—Cochrane
Questions and Responses
Anand, Deepak
Mississauga—Malton
Andrew, Jill
Toronto—St. Paul's
Armstrong, Teresa
London—Fanshawe
Bell, Jessica
University—Rosedale
Bresee, Ric
Hastings—Lennox and Addington
Flack, Rob
Elgin—Middlesex—London
Ford, Hon. Michael
York South—Weston
Glover, Chris
Spadina—Fort York
Harden, Joel
Ottawa Centre
Kanapathi, Logan
Markham—Thornhill
Karpoche, Bhutila
Parkdale—High Park
McMahon, Mary-Margaret
Beaches—East York
Oosterhoff, Sam
Niagara West
Rakocevic, Tom
Humber River—Black Creek
Shaw, Sandy
Hamilton West—Ancaster—Dundas
Smith, Dave
Peterborough—Kawartha
Smith, Laura
Thornhill
Tabuns, Peter
Toronto—Danforth
Tangri, Nina
Mississauga—Streetsville
Question put
Ordered referred to Standing Committee
Standing Committee on Procedure and House Affairs
April 20, 2023
Consideration of a Bill
Standing Committee on Procedure and House Affairs
May 9, 2023
Consideration of a Bill
Standing Committee on Procedure and House Affairs
May 9, 2023
Reported as amended
Standing Committee on Procedure and House Affairs
Ordered for Third Reading
Third Reading
May 10, 2023
Principal Debaters
Bouma, Will
Brantford—Brant
Calandra, Hon. Paul
Markham—Stouffville
French, Jennifer
Oshawa
Hogarth, Christine
Etobicoke—Lakeshore
Mamakwa, Sol
Kiiwetinoong
Smith, Dave
Peterborough—Kawartha
Vanthof, John
Timiskaming—Cochrane
Questions and Responses
Gallagher Murphy, Dawn
Newmarket—Aurora
Kernaghan, Terence
London North Centre
Leardi, Anthony
Essex
MacLeod, Lisa
Nepean
Martin, Robin
Eglinton—Lawrence
Pierre, Natalie
Burlington
Rickford, Hon. Greg
Kenora—Rainy River
Stevens, Jennifer (Jennie)
St. Catharines
Vaugeois, Lise
Thunder Bay—Superior North
May 10, 2023
Debated
May 11, 2023
Principal Debaters
Kerzner, Hon. Michael
York Centre
West, Jamie
Sudbury
Carried
Royal Assent
May 18, 2023
Royal Assent received