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Executive Council Amendment Act, 2004, S.O. 2004, c. 25 - Bill 17

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EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 17 and does not form part of the law.  Bill 17 has been enacted as Chapter 25 of the Statutes of Ontario, 2004.

The Bill amends the Executive Council Act to provide that ministers must attend Question Period on at least two-thirds of the days on which the House holds Routine Proceedings.  Certain absences may be excused by the Premier or by another member whom the Premier designates.  At the end of every session, the Premier or designate is required to prepare and publish a status report showing each minister’s attendance at Question Period.  When the Legislature is dissolved, the Premier or designate is required to determine for each minister the number of days during the term, if any, on which the minister did not attend as required, assess a penalty of $500 for each day of non-attendance, and verify that the minister pays that amount into the Consolidated Revenue Fund.

 

chapter 25

An Act to amend the
Executive Council Act

Assented to December 16, 2004

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The Executive Council Act is amended by adding the following section:

Ministers, attendance at Question Period

7. (1) Every minister of the Crown is required to attend in the Chamber during the period set aside for Oral Questions on at least two-thirds of the days on which the House holds Routine Proceedings.

Certain absences

(2) A day on which a minister is absent from the Chamber is not counted as an absence for the purpose of this section if the Premier is of the opinion that the absence is justified because of illness, bereavement, a religious holiday or some similar reason.

Same

(3) A day on which a minister is absent from the Chamber during part but not all of the period set aside for Oral Questions is not counted as an absence for the purpose of this section if the Premier is of the opinion that the absence is permissible.

Status report

(4) Promptly after the end of every session, the Premier shall prepare and publish a status report that shows, with respect to each minister and for the entire session, the minister’s attendance in the Chamber during the period set aside for Oral Questions.

Assessment and collection of penalties

(5) When the Legislature is dissolved by the Lieutenant Governor, the Premier shall, with respect to each minister,

(a) determine, in accordance with this section,

(i) the number of days during the term of the Legislature on which the minister was required to attend in the Chamber during the period set aside for Oral Questions, and

(ii) the number of days, if any, on which the minister did not attend as required; and

(b) if a number is determined under subclause (a) (ii),

(i) assess the minister an amount that is equal to $500 multiplied by the number, and

(ii) verify that the minister promptly pays the assessed amount into the Consolidated Revenue Fund.

Delegation of Premier’s functions

(6) The Premier may, in writing, delegate his or her functions under subsections (1) to (5) to another member of the Assembly.

Commencement

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

Short title

3. The short title of this Act is the Executive Council Amendment Act, 2004.