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Public Sector Expenses Review Act, 2009
Loi de 2009 sur l’examen des dépenses dans le secteur public

ONTARIO REGULATION 440/09

GENERAL

Historical version for the period November 30, 2009 to June 2, 2011.

No amendments.

This Regulation is made in English only.

CONTENTS

Interpretation

1.

Interpretation

Definitions in the Act

2.

Public entity

3.

Designated person

4.

Expenses officer

Standards for Allowable Expenses

5.

Standards for travel, meal and hospitality expenses

6.

Standards for other expenses

7.

Procedural requirements for expense claims

Prescribed Dates for Expenses Officers

8.

Prescribed dates

Schedule 1

Public entities

Interpretation

Interpretation

1. (1) In this Regulation,

“designated appointee” means a person who is appointed to a public entity and who is a designated person by virtue of paragraph 1 of subsection 3 (1);

“designated other employee” means a person who is employed in a public entity and who is a designated person by virtue of paragraph 3 of subsection 3 (3);

“designated senior management employee” means a person who is employed in a public entity and who is a designated person by virtue of paragraph 1 or 2 of subsection 3 (2);

“quarter” means, in relation to a year, the three-month period that begins on January 1, April 1, July 1 or October 1. O. Reg. 440/09, s. 1 (1).

(2) In this Regulation, the Travel, Meal and Hospitality Expenses Directive refers to the document entitled “Travel, Meal and Hospitality Expenses Directive” published by the Management Board of Cabinet and dated November 2004 (revised August 2006), as it may be amended from time to time, that is available to the public on the Ontario government website. O. Reg. 440/09, s. 1 (2).

(3) For greater certainty, the Travel, Meal and Hospitality Expenses Directive includes any other document incorporated by reference into it if the other document is also available to the public on a government website. O. Reg. 440/09, s. 1 (3).

Definitions in the Act

Public entity

2. Each of the entities listed in Schedule 1 to this Regulation is prescribed as a public entity for the purposes of the Act. O. Reg. 440/09, s. 2.

Designated person

3. (1) The following classes of persons who are appointed to a public entity are prescribed for the purposes of the definition of “designated person” in section 1 of the Act:

1. Every person appointed to the public entity by the Lieutenant Governor in Council, the Lieutenant Governor or a minister. O. Reg. 440/09, s. 3 (1).

(2) The following classes of persons who are employed in a public entity are prescribed for the purposes of the definition of “designated person” in section 1 of the Act:

1. The chief executive officer of the public entity or, in the case of the Workplace Safety and Insurance Board, the chief executive officer and the chief operating officer.

2. Every member of the senior management group of the public entity who reports directly to the chief executive officer or, in the case of the Workplace Safety and Insurance Board, the chief executive officer or the chief operating officer.

3. The persons described in subsection (3). O. Reg. 440/09, s. 3 (2).

(3) For each twelve-month period that begins on April 1, the class of persons that is determined according to the following rules is also prescribed:

1. Identify the five employees each of whose aggregated expense claims made during the twelve-month period are respectively the highest when compared with the aggregated expense claims made during that period by all employees in the public entity.

2. If any of those five employees are designated senior management employees, eliminate them from the class.

3. The five employees, or the remaining employees as the case may be, constitute the class. O. Reg. 440/09, s. 3 (3).

Expenses officer

4. (1) For the designated appointees to a public entity, the chair of the public entity is prescribed as their expenses officer. O. Reg. 440/09, s. 4 (1).

(2) For the designated senior management employees and the designated other employees of a public entity, the chief executive officer is prescribed as their expenses officer. O. Reg. 440/09, s. 4 (2).

Standards for Allowable Expenses

Standards for travel, meal and hospitality expenses

5. (1) The Travel, Meal and Hospitality Expenses Directive issued by the Management Board of Cabinet sets out the standards that travel, meal and hospitality expenses must meet for the purposes of section 4 of the Act. O. Reg. 440/09, s. 5 (1).

(2) For the purposes of this section, references in the Directive to “employee” are to be read as references to a designated person and references in the Directive to “government” are to be read as references to the applicable public entity. O. Reg. 440/09, s. 5 (2).

Standards for other expenses

6. The standard to be met for any expense other than a travel, meal or hospitality expense is that the expense must have been incurred by a designated person in the performance of a duty or function of the person that is related to the public entity. O. Reg. 440/09, s. 6.

Procedural requirements for expense claims

7. (1) A designated appointee or designated senior management employee must file his or her claim for an expense incurred during a quarter no later than the end of the subsequent quarter or, if he or she is unable to do so because of absence, as soon as possible after returning to work. O. Reg. 440/09, s. 7 (1).

(2) Subsection (1) prevails over a standard set out in the Travel, Meal and Hospitality Directive. O. Reg. 440/09, s. 7 (2).

Prescribed Dates for Expenses Officers

Prescribed dates

8. (1) For designated appointees and designated senior management employees, the following are the prescribed dates for giving the Integrity Commissioner the copies of expense claims required by subsection 7 (1) of the Act:

1. May 31, for expense claims made during the quarter that began on January 1.

2. August 31, for expense claims made during the quarter that began on April 1.

3. November 30, for expense claims made during the quarter that began on July 1.

4. February 28, for expense claims made during the quarter that began on October 1 of the previous year. O. Reg. 440/09, s. 8 (1).

(2) For designated other employees, the following is the prescribed date for giving the Integrity Commissioner the copies of expense claims required by subsection 7 (1) of the Act:

1. May 31, for expense claims made during the twelve-month period that began on April 1 of the preceding year. O. Reg. 440/09, s. 8 (2).

(3) This section does not apply with respect to expense claims made before April 1, 2010. O. Reg. 440/09, s. 8 (3).

9. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 440/09, s. 9.

SCHEDULE 1
PUBLIC ENTITIES

1. Alcohol and Gaming Commission of Ontario

2. Cancer Care Ontario

3. eHealth Ontario

4. Hydro One Inc.

5. Independent Electricity System Operator

6. Liquor Control Board of Ontario

7. Metrolinx

8. Metropolitan Toronto Convention Centre Corporation

9. Ontario Clean Water Agency

10. Ontario Educational Communications Authority

11. Ontario Energy Board

12. Ontario Financing Authority

13. Ontario French-language Educational Communications Authority / Office des télécommunications éducatives de langue française de l’Ontario

14. Ontario Human Rights Commission

15. Ontario Infrastructure Projects Corporation

16. Ontario Lottery and Gaming Corporation

17. Ontario Power Authority

18. Ontario Power Generation Inc.

19. Ontario Public Service Pension Board

20. Ontario Racing Commission

21. Ontario Realty Corporation

22. Workplace Safety and Insurance Board

O. Reg. 440/09, Sched. 1.