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ontario regulation 322/15

made under the

Public Sector Expenses Review Act, 2009

Made: November 4, 2015
Filed: November 6, 2015
Published on e-Laws: November 6, 2015
Printed in The Ontario Gazette: November 21, 2015

Amending O. Reg. 440/09

(GENERAL)

1. (1) Subsection 1 (1) of Ontario Regulation 440/09 is amended by adding the following definition:

“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;

(2) Subsection 1 (2) of the Regulation is amended by striking out “and dated November 2004 (revised August 2006)”. 

2. Section 2 of the Regulation is revoked and the following substituted:

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.

3. (1) Paragraphs 1 and 2 of subsection 3 (2) of the Regulation are revoked and the following substituted:

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 of the public entity. 

(2) Subsection 3 (3) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(3) The class of persons that is determined according to the following rules is also prescribed:

. . . . .

(3) 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”. 

4. Section 8 of the Regulation is revoked and the following substituted:

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.

5. Schedule 1 to the Regulation is revoked. 

Commencement

6. This Regulation comes into force on the later of the following days:

1. The day subsection 1 (1) of Schedule 11 to the Public Sector and MPP Accountability and Transparency Act, 2014 comes into force.

2. The day this Regulation is filed.