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 6, 2015 to November 29, 2015.

Last amendment: O. Reg. 322/15.

This Regulation is made in English only.

CONTENTS

 

Interpretation

Interpretation

1. (1) In this Regulation,

Note: On November 30, 2015, the day subsection 1 (1) of Schedule 11 to the Public Sector and MPP Accountability and Transparency Act, 2014 comes into force, subsection 1 (1) of the Regulation is amended by adding the following definition: (See: O. Reg. 322/15, s. 1 (1))

“chief executive officer” means, with respect to a public entity, the individual who holds the most senior executive position in the public entity, regardless of the actual title of the position;

“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).

Note: On November 30, 2015, the day subsection 1 (1) of Schedule 11 to the Public Sector and MPP Accountability and Transparency Act, 2014 comes into force, subsection 1 (2) of the Regulation is amended by striking out “and dated November 2004 (revised August 2006)”. (See: O. Reg. 322/15, 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.

Note: On November 30, 2015, the day subsection 1 (1) of Schedule 11 to the Public Sector and MPP Accountability and Transparency Act, 2014 comes into force, section 2 of the Regulation is revoked and the following substituted: (See: O. Reg. 322/15, s. 2)

Public entity

2. Each of the following entities is prescribed as a public entity for the purposes of the Act:

1. Every body that is prescribed as a public body under the Public Service of Ontario Act, 2006.

2. Independent Electricity System Operator.

3. Ontario Power Generation Inc. O. Reg. 322/15, 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.

Note: On November 30, 2015, the day subsection 1 (1) of Schedule 11 to the Public Sector and MPP Accountability and Transparency Act, 2014 comes into force, paragraph 1 of subsection 3 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 322/15, s. 3 (1))

1. The chief executive officer of the public entity.

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.

Note: On November 30, 2015, the day subsection 1 (1) of Schedule 11 to the Public Sector and MPP Accountability and Transparency Act, 2014 comes into force, paragraph 2 of subsection 3 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 322/15, s. 3 (1))

2. Every member of the senior management group of the public entity who reports directly to the chief executive officer of the public entity. 

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:

Note: On November 30, 2015, the day subsection 1 (1) of Schedule 11 to the Public Sector and MPP Accountability and Transparency Act, 2014 comes into force, subsection 3 (3) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following: (See: O. Reg. 322/15, s. 3 (2))

(3) 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.

Note: On November 30, 2015, the day subsection 1 (1) of Schedule 11 to the Public Sector and MPP Accountability and Transparency Act, 2014 comes into force, paragraph 1 of subsection 3 (3) of the Regulation is amended by striking out “twelve-month period” and substituting “six-month period described in clause 7 (2) (b) of the Act”. (See: O. Reg. 322/15, s. 3 (3))

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).

Note: On November 30, 2015, the day subsection 1 (1) of Schedule 11 to the Public Sector and MPP Accountability and Transparency Act, 2014 comes into force, section 8 of the Regulation is revoked and the following substituted: (See: O. Reg. 322/15, s. 4)

Selection Criteria

Selection criteria

8. The following are the prescribed criteria that the Commissioner shall consider in selecting a public entity for the purposes of section 7 of the Act:

1. Whether the public entity’s employees or appointees make travel, meal or hospitality expense claims.

2. Whether the public entity has independent authority to make operating decisions.

3. Whether the public entity’s mandate has changed within the previous 12 months.

4. Whether the public entity began operating within the previous 12 months.

5. Whether there has been expressed public or media interest in the public entity within the previous 12 months. O. Reg. 322/15, s. 4.

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 and Lands Corporation.

16. Ontario Lottery and Gaming Corporation

17. Revoked: O. Reg. 289/14, s. 1.

18. Ontario Power Generation Inc.

19. Ontario Public Service Pension Board

20. Ontario Racing Commission

21. Revoked:  O. Reg. 209/11, s. 1 (2).

22. Workplace Safety and Insurance Board

O. Reg. 440/09, Sched. 1; O. Reg. 209/11, s. 1; O. Reg. 289/14, s. 1.

Note: On November 30, 2015, the day subsection 1 (1) of Schedule 11 to the Public Sector and MPP Accountability and Transparency Act, 2014 comes into force, Schedule 1 to the Regulation is revoked. (See: O. Reg. 322/15, s. 5)