Delegated Administrative Authorities Act, 2012, S.O. 2012, c. 8, Sched. 11

Delegated Administrative Authorities Act, 2012

S.o. 2012, chapter 8
Schedule 11

Historical version for the period June 20, 2012 to December 5, 2018.

Note: THIS ACT IS NOT YET IN FORCE. It comes into force on a day to be named by proclamation of the Lieutenant Governor.  See: 2012, c. 8, Sched. 11, s. 54 (1).

Last amendment: 2012, c. 8, Sched. 11, s. 43.

Legislative History: 2012, c. 8, Sched. 11, s. 43.

CONTENTS

 

General

Purpose

1 The purpose of this Act is to provide for the efficient and effective delivery of delegated government programs and services by independent not-for-profit corporations operating within a strong accountability and governance framework.  2012, c. 8, Sched. 11, s. 1.

Definitions

2 In this Act,

“administrative agreement” means an agreement described in section 7; (“accord d’application”)

“delegated administrative authority” means a corporation that the Lieutenant Governor in Council has prescribed under clause 4 (1) (b); (“organisme d’application délégataire”)

“delegated legislation”, when used in connection with a delegated administrative authority, means the legislation whose administration is delegated to the administrative authority under subsection 4 (1), subject to any restrictions imposed under subsection 4 (2); (“législation déléguée”)

“legislation” means Acts and regulations; (“législation”)

“responsible Minister”, when used in connection with delegated legislation, means the Minister responsible for its administration. (“ministre responsable”)  2012, c. 8, Sched. 11, s. 2.

Minister responsible for administration of Act

3 The Minister responsible for the administration of this Act is the Minister of Consumer Services or such other member of the Executive Council to whom that responsibility may be assigned or transferred under the Executive Council Act.  2012, c. 8, Sched. 11, s. 3.

Delegation

Delegation

4 (1) If the requirements of section 5, section 6, subsection 7 (1) and section 8 are met, the Lieutenant Governor in Council may, by regulation,

(a) delegate the administration of specified provisions of an Act, the regulations made under it, or both, for the purposes of this Act; and

(b) prescribe a corporation as a delegated administrative authority for the purposes of this Act, to administer the delegated legislation.  2012, c. 8, Sched. 11, s. 4 (1).

Restrictions

(2) A delegation of legislation under clause (1) (a) may be restricted to,

(a) specified aspects or purposes of the specified provisions;

(b) specified persons or classes of persons to whom the specified provisions apply;

(c) specified programs or parts of programs;

(d) specified parts of Ontario;

(e) specified time periods.  2012, c. 8, Sched. 11, s. 4 (2).

More than one delegated administrative authority

(3) Two or more corporations may be prescribed,

(a) to administer different specified provisions of the same legislation;

(b) to administer the same specified provisions, but with respect to,

(i) different specified aspects or purposes,

(ii) different specified persons or classes of persons,

(iii) different specified programs or parts of programs,

(iv) different specified parts of Ontario, or

(v) different specified time periods.  2012, c. 8, Sched. 11, s. 4 (3).

More than one Act

(4) The same corporation may be prescribed as a delegated administrative authority to administer specified provisions of,

(a) more than one Act; or

(b) regulations made under more than one Act.  2012, c. 8, Sched. 11, s. 4 (4).

Exception: regulations and certain orders

(5) A delegation of legislation does not apply to,

(a) regulation-making powers; or

(b) powers to make orders that the legislation confers on the Lieutenant Governor in Council or on a Minister.  2012, c. 8, Sched. 11, s. 4 (5).

Previous administration

(6) Nothing in a delegation of legislation,

(a) invalidates anything that was done under the delegated legislation before the day on which the regulation comes into force, including, without limitation, regulations, appointments and registrations; or

(b) affects investigations or proceedings begun under the delegated legislation before the day on which the regulation comes into force.  2012, c. 8, Sched. 11, s. 4 (6).

Persons bound

(7) Delegated legislation binds all persons whom it would bind if it had not been delegated.  2012, c. 8, Sched. 11, s. 4 (7).

Non-legislative programs

(8) A program that is established otherwise than by legislation may also be delegated under subsection (1), and in that case,

(a) the regulation shall describe the program and identify the government documents that establish and govern it; and

(b) this Act, except section 41, applies in respect of the documents, with necessary modifications, as if they were delegated legislation.  2012, c. 8, Sched. 11, s. 4 (8).

Corporation

5 A corporation may be prescribed under clause 4 (1) (b) only if it meets the following conditions:

1. It is a not-for-profit corporation without share capital.

2. It is incorporated under the laws of Ontario.

3. It does not form part of,

i. a municipal or provincial government, the government of Canada or a foreign government, or

ii. an agency of a government mentioned in subparagraph i.  2012, c. 8, Sched. 11, s. 5.

Resolution of the Assembly

6 (1) A regulation may be made under subsection 4 (1) only if the Assembly has adopted a resolution authorizing the regulation.  2012, c. 8, Sched. 11, s. 6 (1).

Same

(2) A resolution described in subsection (1) shall not authorize the delegation of the administration of provisions of more than one Act or of regulations made under more than one Act.  2012, c. 8, Sched. 11, s. 6 (2).

Administrative agreement

7 (1) A regulation may be made under subsection 4 (1) only if the responsible Minister and the delegated administrative authority have entered into an administrative agreement with respect to the delegated legislation.  2012, c. 8, Sched. 11, s. 7 (1).

Contents

(2) The administrative agreement shall include all matters that the Minister considers necessary for delegating the administration of the delegated legislation to the administrative authority, including, at a minimum,

(a) requirements relating to the governance of the administrative authority;

(b) requirements with which the administrative authority shall comply in connection with its administration of the delegated legislation, including a requirement for adequate insurance against liability arising out of that administration;

(c) a requirement to surrender any document, on request, to a person appointed by,

(i) the Speaker of the Assembly, the Auditor General, the Environmental Commissioner, the Information and Privacy Commissioner, the Integrity Commissioner or the Ombudsman, or

(ii) the Minister; and

(d) requirements for quantitative metrics to measure success and failure.  2012, c. 8, Sched. 11, s. 7 (2).

Amendment by responsible Minister

(3) Subject to section 16, the Minister may unilaterally amend the administrative agreement, after giving the administrative authority the notice that he or she considers reasonable in the circumstances.  2012, c. 8, Sched. 11, s. 7 (3).

Notice to Assembly

(4) Within 10 days after the administrative agreement is amended, the Minister shall provide a copy of the amendments to the Speaker of the Assembly.  2012, c. 8, Sched. 11, s. 7 (4).

Review of proposed regulations

8 (1) A proposed regulation under subsection 4 (1) must be submitted to the Office of the Auditor General for review.  2012, c. 8, Sched. 11, s. 8 (1).

Condition precedent

(2) The regulation may be made under subsection 4 (1) only if,

(a) the Auditor General has approved it under subsection (6) or is deemed to have approved it under subsection (12); or

(b) the Assembly has approved it under subsection (14).  2012, c. 8, Sched. 11, s. 8 (2).

Review by Auditor General

(3) The Auditor General shall review the proposed regulation to determine whether, in his or her opinion, it is likely to have a significant impact, having regard to,

(a) fiscal, economic and environmental factors;

(b) provisions of this Act and of the proposed regulation that would prevail over the delegated legislation under clause 14 (1) (a); and

(c) such other matters as may be prescribed by regulation.  2012, c. 8, Sched. 11, s. 8 (3).

Role of others

(4) When conducting a review, the Auditor General may request the participation and advice of such other persons appointed on the address of the Assembly as the Auditor General considers appropriate in the circumstances.  2012, c. 8, Sched. 11, s. 8 (4).

Additional information

(5) The responsible Minister or other official who submits the proposed regulation for review shall promptly give the Auditor General such additional information and documents as the Auditor General or a person referred to in subsection (4) may request.  2012, c. 8, Sched. 11, s. 8 (5).

Results of review by Auditor General

(6) The Auditor General shall approve the proposed regulation unless, in his or her opinion, it is likely to have a significant impact as determined during the review.  In that case, the Auditor General shall decline to approve the proposed regulation.  2012, c. 8, Sched. 11, s. 8 (6).

Same

(7) The decision of the Auditor General is final.  2012, c. 8, Sched. 11, s. 8 (7).

Notice of results

(8) Within 90 days after receiving the proposed regulation for review, or within such longer period as may be authorized under subsection (10), the Office of the Auditor General shall notify the following persons of the results of the review:

1. The responsible Minister or other official who submitted the proposed regulation for review.

2. The Minister responsible for the administration of this Act.

3. The Clerk of the Assembly.  2012, c. 8, Sched. 11, s. 8 (8).

Same

(9) The notice must include the reasons for the Auditor General’s decision and may include such other information as the Auditor General considers appropriate.  2012, c. 8, Sched. 11, s. 8 (9).

Extension of deadline

(10) The Auditor General may extend the period within which the notice must be given for further periods of 90 days if, in his or her opinion, the extension is necessary because of the complexity of the proposed regulation or because of other circumstances.  2012, c. 8, Sched. 11, s. 8 (10).

Same

(11) If the notice period is extended, the Office of the Auditor General shall promptly notify the persons listed in subsection (8).  2012, c. 8, Sched. 11, s. 8 (11).

Deemed approval by Auditor General

(12) If the notice is not given before the notice period expires, the Auditor General is deemed to have approved the proposed regulation.  2012, c. 8, Sched. 11, s. 8 (12).

Review by Standing Committee

(13) If the Auditor General declines to approve the proposed regulation, it stands referred to the Standing Committee on Public Accounts for consideration.  2012, c. 8, Sched. 11, s. 8 (13).

Approval of the Assembly

(14) The Assembly may indicate its approval of a proposed regulation by means of a resolution.  2012, c. 8, Sched. 11, s. 8 (14).

Notice of Assembly decision

(15) If the Assembly approves the proposed regulation, the Clerk of the Assembly shall notify the responsible Minister.  2012, c. 8, Sched. 11, s. 8 (15).

Public registry of proposals, notices

(16) The Auditor General shall maintain a public registry of the following information and documents, each of which must be promptly posted on the registry:

1. Proposed regulations submitted for review under this section.

2. Any notice under subsection (10) extending the deadline for the review.

3. The notice, if any, from the Auditor General following the review.

4. Such other information as the Auditor General considers appropriate.  2012, c. 8, Sched. 11, s. 8 (16).

Annual report

(17) Each year, the Auditor General shall report to the Speaker about such matters as the Auditor General considers appropriate relating to his or her powers and duties under this Act.  2012, c. 8, Sched. 11, s. 8 (17).

Special report

(18) The Auditor General may make a special report to the Speaker at any time on any matter that in the opinion of the Auditor General should not be deferred until the annual report.  2012, c. 8, Sched. 11, s. 8 (18).

Tabling of reports

(19) The Speaker shall lay each annual report or special report before the Assembly at the earliest reasonable opportunity.  2012, c. 8, Sched. 11, s. 8 (19).

Policy directions

9 (1) Policy directions relating to the administration of the delegated administrative authority’s delegated legislation may be issued to the delegated administrative authority by a resolution of the Assembly or by the responsible Minister.  2012, c. 8, Sched. 11, s. 9 (1).

Notice, Assembly

(2) In the case of policy directions issued by the Assembly, the Speaker shall take the following steps:

1. On becoming aware that the resolution has been proposed for debate, promptly notify the administrative authority of the details.

2. As soon as the resolution is adopted, provide the administrative authority with a copy of the resolution.  2012, c. 8, Sched. 11, s. 9 (2).

Notice, responsible Minister

(3) In the case of policy directions issued by the Minister, the Minister shall take the following steps:

1. Before issuing the policy directions, give the administrative authority the notice that he or she considers reasonable in the circumstances.

2. As soon as the policy directions are issued, provide copies of them to,

i. the administrative authority, and

ii. the Speaker of the Assembly.  2012, c. 8, Sched. 11, s. 9 (3).

Conflict

(4) In the event of conflict between policy directions issued by the Assembly and policy directions issued by the Minister, the ones issued by the Assembly prevail.  2012, c. 8, Sched. 11, s. 9 (4).

Part of administrative agreement

(5) The policy directions are deemed to form part of the administrative agreement.  2012, c. 8, Sched. 11, s. 9 (5).

Compliance

(6) The administrative authority shall comply with the policy directions as soon as possible and, in any case, shall implement measures to do so within 30 days after the policy directions are issued.  2012, c. 8, Sched. 11, s. 9 (6).

Consultation

10 The responsible Minister may consult with the delegated administrative authority about proposed legislative or policy changes that may affect the administrative authority and its activities.  2012, c. 8, Sched. 11, s. 10.

Advisory council, advisory process

11 The responsible Minister may require the delegated administrative authority to,

(a) establish one or more advisory councils;

(b) undertake an advisory process in which it seeks advice from the public, from persons with experience or knowledge relating to the delegated legislation, or from both.  2012, c. 8, Sched. 11, s. 11.

Review

12 (1) The responsible Minister may,

(a) require that policy, legislative or regulatory reviews related to the delegated legislation and the administrative agreement be carried out,

(i) by or on behalf of the delegated administrative authority, or

(ii) by a person or entity specified by the Minister;

(b) require that reviews of the administrative authority, of its operations, or of both, including, without limitation, performance, governance, accountability and financial reviews, be carried out,

(i) by or on behalf of the administrative authority, or

(ii) by a person or entity specified by the Minister.  2012, c. 8, Sched. 11, s. 12 (1).

Access to records and information

(2) When a review is carried out under subclause (1) (a) (ii) or (1) (b) (ii), the administrative authority shall give the person or entity specified by the Minister and the person’s or entity’s employees access to all records and other information required to conduct the review.  2012, c. 8, Sched. 11, s. 12 (2).

Who may require review

(3) The Minister’s power to require reviews and specify persons or entities under clause (1) (a) or (b) may also be exercised by any of the following persons, and in that case subsections (1) and (2) shall be read with all necessary modifications:

1. The Speaker of the Assembly.

2. The Auditor General.

3. The Environmental Commissioner.

4. The Information and Privacy Commissioner.

5. The Integrity Commissioner.

6. The Ombudsman.  2012, c. 8, Sched. 11, s. 12 (3).

Transitional provisions

Existing delegations continued

13 (1) The following rules apply if a corporation is, on the day before section 4 comes into force, a designated administrative authority under the Safety and Consumer Statutes Administration Act, 1996:

1. The corporation is deemed to be a delegated administrative authority under this Act.

2. The designated legislation whose administration is delegated to the corporation under the Safety and Consumer Statutes Administration Act, 1996 is deemed to be the administrative authority’s delegated legislation under this Act.  2012, c. 8, Sched. 11, s. 13 (1).

Incorporation under laws of Canada

(2) If a corporation that is deemed to be a delegated administrative authority by paragraph 1 of subsection (1) is incorporated under the laws of Canada,

(a) paragraph 2 of section 5 does not apply to the corporation during the period specified in the administrative agreement; and

(b) if the corporation is continued under the laws of Ontario on or before the last day of that period, it continues to be deemed to be a delegated administrative authority.  2012, c. 8, Sched. 11, s. 13 (2).

Conflict

14 (1) In the event of conflict, this Act and the regulations made under it prevail over,

(a) the delegated legislation;

(b) the administrative agreement; and

(c) the delegated administrative authority’s constating documents, by-laws and resolutions.  2012, c. 8, Sched. 11, s. 14 (1).

Same

(2) In the event of conflict, the delegated legislation prevails over,

(a) the administrative agreement; and

(b) the administrative authority’s constating documents, by-laws and resolutions.  2012, c. 8, Sched. 11, s. 14 (2).

Same

(3) In the event of conflict, this Act prevails over the Corporations Act.  2012, c. 8, Sched. 11, s. 14 (3).

Note:  On the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and the day subsection (3) comes into force, subsection (3) is amended by striking out “Corporations Act” at the end and substituting “Not-for-Profit Corporations Act, 2010”.  See:  2012, c. 8, Sched. 11, ss. 43 (1), 54 (2).

Section Amendments with date in force (d/m/y)

2012, c. 8, Sched. 11, s. 43 (1) - not in force

Notice of revocation

15 (1) Before revoking a delegation, the Lieutenant Governor in Council shall give at least 30 days notice of the intent to revoke to,

(a) the Speaker of the Assembly; and

(b) the delegated administrative authority.  2012, c. 8, Sched. 11, s. 15 (1).

Exception

(2) If the Lieutenant Governor in Council considers a revocation urgently necessary in the public interest, the Lieutenant Governor in Council may shorten the 30-day notice period or dispense with notice.  2012, c. 8, Sched. 11, s. 15 (2).

Same

(3) If the Lieutenant Governor in Council acts under subsection (2), the Lieutenant Governor in Council shall provide an explanation of the reasons for doing so to,

(a) the Speaker of the Assembly; and

(b) the delegated administrative authority.  2012, c. 8, Sched. 11, s. 15 (3).

Definition

(4) In this section,

“revoke”, when used in connection with a delegation, means to amend a regulation made under subsection 4 (1) so as to withdraw the delegation of delegated legislation, remove a corporation’s status as a delegated administrative authority, or both.  2012, c. 8, Sched. 11, s. 15 (4).

Condition precedent for exercise of certain powers

16 The Lieutenant Governor in Council or the responsible Minister, as the case may be, may exercise a power under subsection 7 (3), 9 (1), 18 (1) or 39 (1) only if they are of the opinion that it is advisable to exercise the power in the public interest because at least one of the following conditions is satisfied:

1. The exercise of the power is necessary to prevent serious harm to,

i. public safety,

ii. public health,

iii. the interests of consumers, or

iv. the natural environment as defined in the Environmental Protection Act.

2. An event of force majeure has occurred.

3. The delegated administrative authority is insolvent.

4. The number of members of the board of directors of the administrative authority is insufficient for a quorum.  2012, c. 8, Sched. 11, s. 16.

Delegated Administrative Authorities

Duties

17 (1) A delegated administrative authority shall,

(a) administer its delegated legislation in accordance with this Act and the administrative agreement; and

(b) comply with this Act and the delegated legislation.  2012, c. 8, Sched. 11, s. 17 (1).

Additional activities

(2) The administrative authority may carry out other activities in accordance with its objects or purposes, subject to subsection (3).  2012, c. 8, Sched. 11, s. 17 (2).

Commercial activity

(3) The administrative authority shall not engage in commercial activity through an individual, corporation or other entity that is related to the administrative authority.  2012, c. 8, Sched. 11, s. 17 (3).

Changes to objects or purposes

18 (1) Subject to section 16, the responsible Minister may require that a specified change be made to the objects or purposes of a delegated administrative authority.  2012, c. 8, Sched. 11, s. 18 (1).

Notice to Assembly

(2) Within 10 days after the Minister gives the document containing the requirement to the administrative authority, he or she shall also provide a copy of the document to the Speaker of the Assembly.  2012, c. 8, Sched. 11, s. 18 (2).

Same

(3) No changes shall be made to an administrative authority’s objects or purposes unless the Minister’s written approval is obtained in advance.  2012, c. 8, Sched. 11, s. 18 (3).

Role of delegated administrative authority under delegated legislation

19 (1) The delegated administrative authority is entitled to exercise the powers and shall perform the duties of the responsible Minister and deputy minister under the delegated legislation, subject to any restrictions imposed under subsection 4 (2).  2012, c. 8, Sched. 11, s. 19 (1).

Notices, fees, etc.

(2) Anything in the delegated legislation that requires a person to do something with respect to the Minister or deputy minister, such as giving a notice or paying a fee, shall be read as requiring the same thing with respect to the administrative authority.  2012, c. 8, Sched. 11, s. 19 (2).

Minister’s approval and notice required

(3) Despite subsection (2), if the delegated legislation requires persons to make payments to the responsible Minister or deputy minister, the administrative authority is entitled to receive those payments only if the following conditions are satisfied:

1. The Minister has, in writing, authorized the administrative authority to receive the payments.

2. The Minister’s authorization has been tabled with the Clerk of the Assembly.  2012, c. 8, Sched. 11, s. 19 (3).

Appointments

(4) If the delegated legislation provides that the Minister or deputy minister shall or may appoint an official,

(a) the administrative authority is entitled to make the appointment in his or her place;

(b) the person appointed by the administrative authority has the same authority as if appointed by the Minister or deputy minister; and

(c) despite anything in the delegated legislation, the person appointed is not required to be a public servant.  2012, c. 8, Sched. 11, s. 19 (4).

Minister’s approval required

(5) An appointment made by the administrative authority under subsection (4) does not become effective until the Minister approves it in writing.  2012, c. 8, Sched. 11, s. 19 (5).

Notice

(6) Within 10 days after approving the appointment, the Minister shall notify the Speaker of the Assembly of the approval.  2012, c. 8, Sched. 11, s. 19 (6).

Same

(7) Subsection (4) also applies, with necessary modifications, if the delegated legislation provides that the Minister or deputy minister shall or may appoint the members of a committee.  2012, c. 8, Sched. 11, s. 19 (7).

Meaning of “deputy minister”, “official”

(8) In this section,

“deputy minister” means the deputy minister of the responsible Minister’s ministry; (“sous-ministre”)

“official” means any person to whom the delegated legislation gives duties or powers, including, without limitation, a director, registrar, enforcement officer, provincial officer, investigator or inspector. (“agent d’application”)  2012, c. 8, Sched. 11, s. 19 (8).

Right to use French

20 (1) A person has the right to communicate in French with, and to receive available services in French from, a delegated administrative authority.  2012, c. 8, Sched. 11, s. 20 (1).

Board to ensure

(2) The board of directors of the administrative authority shall take all reasonable measures and make all reasonable plans to ensure that persons may exercise the right to use French given by this section.  2012, c. 8, Sched. 11, s. 20 (2).

Limitation

(3) The right to use French given by this section is subject to the limits that are reasonable in the circumstances.  2012, c. 8, Sched. 11, s. 20 (3).

Existing delegations

(4) This section does not apply to a corporation that is deemed to be a delegated administrative authority under subsection 13 (1) until the day specified in a regulation made under clause 42 (1) (d).  2012, c. 8, Sched. 11, s. 20 (4).

Definition

(5) In this section,

“service” means any service or procedure that is provided to the public by a delegated administrative authority in the administration of its delegated legislation and includes,

(a) responding to inquiries from members of the public, and

(b) any other communications for the purpose of providing the service or procedure.  2012, c. 8, Sched. 11, s. 20 (5).

Duty to inform responsible Minister

21 The delegated administrative authority shall promptly inform and advise the responsible Minister with respect to,

(a) any material fact that could affect the administrative authority’s ability to perform its duties under this Act;

(b) any urgent or critical matter that is likely to require action by the Minister to ensure that the administration of the delegated legislation is carried out properly.  2012, c. 8, Sched. 11, s. 21.

Advice, etc., of delegated administrative authority

22 (1) The delegated administrative authority shall advise or report to the responsible Minister on any matter that he or she may refer to the administrative authority relating to this Act or to the administration of the delegated legislation.  2012, c. 8, Sched. 11, s. 22 (1).

Same

(2) The administrative authority may suggest to the Minister amendments to Ontario legislation that it considers would,

(a) further the purpose of this Act or the purpose of the delegated legislation; or

(b) assist the administrative authority in administering the delegated legislation.  2012, c. 8, Sched. 11, s. 22 (2).

Rules and criteria re board members

23 (1) An order issued by a resolution of the Assembly or by the responsible Minister may,

(a) establish competency criteria for members of the board of directors of the delegated administrative authority; and

(b) establish rules about the nomination of members, the appointment or election process, the length of their terms and whether they may be reappointed or re-elected.  2012, c. 8, Sched. 11, s. 23 (1).

Same

(2) A person is qualified to be appointed or elected to the board only if he or she meets any competency criteria established under clause (1) (a).  2012, c. 8, Sched. 11, s. 23 (2).

Conflict

(3) In the event of conflict between an order under subsection (1) and a by-law or resolution of the administrative authority, the order prevails.  2012, c. 8, Sched. 11, s. 23 (3).

Same

(4) In the event of conflict between an order under subsection (1) issued by the Assembly and one issued by the Minister, the order of the Assembly prevails.  2012, c. 8, Sched. 11, s. 23 (4).

Board appointments by responsible Minister

24 (1) The responsible Minister may appoint one or more members to the board of directors of a delegated administrative authority for a term specified in the appointment.  2012, c. 8, Sched. 11, s. 24 (1).

Majority

(2) The number of members appointed by the Minister shall not be a majority of the board.  2012, c. 8, Sched. 11, s. 24 (2).

Composition

(3) The members appointed by the Minister may include representatives of the public, consumer groups, business, government organizations and such other interests as he or she determines.  2012, c. 8, Sched. 11, s. 24 (3).

Change in number of directors

25 The responsible Minister may, by order, increase or decrease the number of members of the board of a delegated administrative authority.  2012, c. 8, Sched. 11, s. 25.

Appointment of chair by Lieutenant Governor in Council

26 (1) The Lieutenant Governor in Council shall appoint a person to be the chair of the board of directors of a delegated administrative authority.  2012, c. 8, Sched. 11, s. 26 (1).

Same

(2) If the person is not a member of the board before being appointed chair,

(a) he or she becomes a member by virtue of the appointment;

(b) the rules established under clause 23 (1) (b) do not apply to the person; and

(c) for the purposes of subsection 24 (2), the person shall be counted as an appointee of the Minister.  2012, c. 8, Sched. 11, s. 26 (2).

No delegation

(3) The appointment power set out in subsection (1) shall not be delegated.  2012, c. 8, Sched. 11, s. 26 (3).

Public access to corporate by-laws

27 The delegated administrative authority shall make its corporate by-laws available for public inspection within 30 days after they are made by the board.  2012, c. 8, Sched. 11, s. 27.

Membership in delegated administrative authority

28 (1) Unless the administrative agreement provides otherwise, a delegated administrative authority may, by by-law, require persons described in subsection (2) to become members of the administrative authority on the terms that it specifies.  2012, c. 8, Sched. 11, s. 28 (1).

Same

(2) Subsection (1) applies in respect of persons who are required, by the delegated legislation, to register or obtain a licence, permit, certificate or any other authorization in order to carry out an activity governed by the delegated legislation.  2012, c. 8, Sched. 11, s. 28 (2).

Five-year waiting period

(3) The administrative authority is not entitled to impose the membership requirement described in subsection (1) until the later of the following dates:

1. The fifth anniversary of the day the regulation prescribing it as a delegated administrative authority comes into force.

2. The fifth anniversary of the day section 4 comes into force.  2012, c. 8, Sched. 11, s. 28 (3).

No double charges

(4) If a fee is charged for the licence, permit, certificate or other authorization described in subsection (2), no fee or other charge may be imposed in connection with the membership requirement described in subsection (1).  2012, c. 8, Sched. 11, s. 28 (4).

Requirement imposed under predecessor Act

(5) A membership requirement that was imposed under the Safety and Consumer Statutes Administration Act, 1996 ceases to have effect on the day section 4 comes into force.  2012, c. 8, Sched. 11, s. 28 (5).

Employees

29 (1) A delegated administrative authority may, subject to the administrative agreement, employ or retain the services of any qualified person to carry out any power or duty relating to the administration of its delegated legislation.  2012, c. 8, Sched. 11, s. 29 (1).

No Crown employment

(2) Persons who are employed or whose services are retained under subsection (1) are not employees of the Crown and shall not hold themselves out as such.  2012, c. 8, Sched. 11, s. 29 (2).

Same

(3) Subsection (2) also applies to the members, officers and agents of the administrative authority, and to its directors, including those appointed by the responsible Minister.  2012, c. 8, Sched. 11, s. 29 (3).

Transfer by public servant

(4) A public servant employed under Part III of the Public Service of Ontario Act, 2006 who accepts employment in or assignment to an administrative authority is not an employee of the Crown during the period of the employment or assignment.  2012, c. 8, Sched. 11, s. 29 (4).

No Crown agency

30 (1) A delegated administrative authority is not a Crown agency for the purposes of the Crown Agency Act and shall not hold itself out as such.  2012, c. 8, Sched. 11, s. 30 (1).

Same

(2) The following persons are not agents of the Crown and shall not hold themselves out as such:

1. Persons who are employed or whose services are retained by the administrative authority.

2. Members, officers and agents of the administrative authority.

3. Members of the board of directors of the administrative authority, including those appointed by the responsible Minister.  2012, c. 8, Sched. 11, s. 30 (2).

No personal liability, Crown employee

31 (1) No action or other proceeding shall be instituted against an employee of the Crown for an act done in good faith in the execution or intended execution of a duty under this Act or under delegated legislation, or for an alleged neglect or default in the execution in good faith of the duty.  2012, c. 8, Sched. 11, s. 31 (1).

Tort by Crown employee

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by an employee of the Crown to which it would otherwise be subject.  2012, c. 8, Sched. 11, s. 31 (2).

No Crown liability

32 No action or other proceeding for damages shall be instituted against the Crown for damages that a person suffers as a result of any act or omission taken or made in the administration of this Act or of delegated legislation by a person who is not an employee or agent of the Crown.  2012, c. 8, Sched. 11, s. 32.

Indemnification

33 A delegated administrative authority shall indemnify the Crown, in accordance with the administrative agreement, in respect of damages and costs incurred by the Crown for any act or omission of the administrative authority or its members, officers, directors, employees or agents,

(a) in carrying out the administration of its delegated legislation; or

(b) in the execution or intended execution of its powers and duties under this Act, the delegated legislation and the administrative agreement.  2012, c. 8, Sched. 11, s. 33.

No personal liability, board members and others

34 (1) No action or other proceeding shall be instituted against a person mentioned in subsection (2), for an act done in good faith in the execution or intended execution of a power or duty under delegated legislation, or for an alleged neglect or default in the execution in good faith of that power or duty.  2012, c. 8, Sched. 11, s. 34 (1).

Same

(2) Subsection (1) applies to,

(a) members of the board of directors of a delegated administrative authority;

(b) persons who perform functions under delegated legislation as employees, agents or officers of the administrative authority or as persons whose services it retains;

(c) members of committees that perform functions under delegated legislation; and

(d) individuals who perform functions under delegated legislation.  2012, c. 8, Sched. 11, s. 34 (2).

Liability of delegated administrative authority

(3) Subsection (1) does not relieve an administrative authority of liability to which it would otherwise be subject.  2012, c. 8, Sched. 11, s. 34 (3).

Forms and fees

35 (1) A delegated administrative authority may,

(a) establish forms related to the administration of its delegated legislation;

(b) set and collect fees, costs or other charges related to the administration of its delegated legislation, in accordance with processes and criteria established by the administrative authority and approved by the responsible Minister; and

(c) make rules governing the payment of the fees, costs and charges described in clause (b).  2012, c. 8, Sched. 11, s. 35 (1).

Setting fees

(2) In setting the fees, costs and charges described in clause (1) (b), the administrative authority may specify their amounts or the method for determining the amounts.  2012, c. 8, Sched. 11, s. 35 (2).

Publication of fee schedule

(3) The administrative authority,

(a) shall publish the fees, costs and charges, the processes and criteria and the rules on its website and in any other way described in the administrative agreement; and

(b) may publish them in any other format the administrative authority considers advisable.  2012, c. 8, Sched. 11, s. 35 (3).

Conflict

(4) In the event of conflict, the forms, fees, costs, charges and rules established under this section prevail over any forms, fees, costs, charges and rules established under the delegated legislation before the regulation containing the delegation came into force.  2012, c. 8, Sched. 11, s. 35 (4).

Five-year waiting period

(5) Despite anything else in this section, the fees, costs and other charges established under clause (1) (b) do not become effective until the later of the following dates:

1. The fifth anniversary of the day the regulation prescribing the administrative authority as a delegated administrative authority comes into force.

2. The fifth anniversary of the day section 4 comes into force.  2012, c. 8, Sched. 11, s. 35 (5).

Fees, etc., imposed under predecessor Act

(6) Fees, costs and other charges that were imposed under the Safety and Consumer Statutes Administration Act, 1996 cease to have effect on the day section 4 comes into force.  2012, c. 8, Sched. 11, s. 35 (6).

Not public money

36 (1) The money that a delegated administrative authority collects in carrying out the administration of its delegated legislation is not public money within the meaning of the Financial Administration Act.  2012, c. 8, Sched. 11, s. 36 (1).

Same

(2) The administrative authority may use the money described in subsection (1) to carry out activities in accordance with its objects, subject to,

(a) subsection 17 (3); and

(b) any restrictions in the delegated legislation.  2012, c. 8, Sched. 11, s. 36 (2).

Audit

37 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of a delegated administrative authority, other than an audit required under the Corporations Act.  2012, c. 8, Sched. 11, s. 37 (1).

Note:  On the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and the day subsection (1) comes into force, subsection (1) is amended by striking out “Corporations Act” at the end and substituting “Not-for-Profit Corporations Act, 2010”.  See:  2012, c. 8, Sched. 11, ss. 43 (2), 54 (3).

Access to records and information

(2) When the Auditor General conducts an audit under subsection (1), the administrative authority shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit.  2012, c. 8, Sched. 11, s. 37 (2).

Section Amendments with date in force (d/m/y)

2012, c. 8, Sched. 11, s. 43 (2) - not in force

Annual report

38 (1) Each year, the board of directors of a delegated administrative authority shall report to the responsible Minister on its activities and financial affairs as they relate to,

(a) this Act and the delegated legislation; and

(b) the administrative agreement.  2012, c. 8, Sched. 11, s. 38 (1).

Form and contents

(2) The report shall be in a form acceptable to the Minister and shall include the following information with respect to the year to which the report relates:

1. For every person who was employed by the administrative authority and whose remuneration in all forms (including without limitation salary, service fees, allowances, bonuses, expenses, pensions and benefits) exceeded $100,000, details of his or her name, title and remuneration.

2. For every person who was retained as a consultant, advisor or other external source of services by the administrative authority and whose earnings in all forms from the administrative authority (including without limitation service fees, allowances, bonuses and expenses) exceeded $10,000, details of his or her name and earnings.

3. Details of the administrative authority’s operating expenses.

4. Details about the administrative authority’s compliance with the Freedom of Information and Protection of Privacy Act.

5. Details about the number and character of complaints that were received and the number and character of complaints that were resolved.

6. The results of an annual survey of the administrative authority’s clients and members, including direct questions about satisfaction with the administrative authority and the desire to see its existence continued.

7. Any other information that the Minister requires.  2012, c. 8, Sched. 11, s. 38 (2).

Tabling

(3) The Minister shall submit the report to the Lieutenant Governor in Council and shall,

(a) lay the report before the Assembly if it is in session; or

(b) deposit the report with the Clerk of the Assembly if the Assembly is not in session.  2012, c. 8, Sched. 11, s. 38 (3).

Disclosure by board

(4) The board,

(a) may give the report to other persons before the Minister complies with subsection (3); and

(b) shall publish the report on its website when the Minister has complied with subsection (3).  2012, c. 8, Sched. 11, s. 38 (4).

Administrator

39 (1) Subject to section 16, the responsible Minister may, by order, appoint an individual as an administrator of a delegated administrative authority for the purposes of assuming control of it and responsibility for its activities.  2012, c. 8, Sched. 11, s. 39 (1).

Notice of appointment

(2) The Minister shall give the administrative authority’s board of directors the notice that he or she considers reasonable in the circumstances before appointing the administrator.  2012, c. 8, Sched. 11, s. 39 (2).

Immediate appointment

(3) Subsection (2) does not apply if there are not enough members on the board to form a quorum.  2012, c. 8, Sched. 11, s. 39 (3).

Notice to Assembly

(4) Within 10 days after the administrator is appointed, the Minister shall provide a copy of the order to the Speaker of the Assembly.  2012, c. 8, Sched. 11, s. 39 (4).

Term of appointment

(5) The appointment of the administrator is valid until the Minister makes an order terminating it.  2012, c. 8, Sched. 11, s. 39 (5).

Powers and duties of administrator

(6) Unless the order appointing the administrator provides otherwise, the administrator has the exclusive right to exercise all the powers and perform all the duties of the directors, officers and members of the administrative authority.  2012, c. 8, Sched. 11, s. 39 (6).

Same

(7) In the order appointing the administrator, the Minister may specify the administrator’s powers and duties and the conditions governing them.  2012, c. 8, Sched. 11, s. 39 (7).

Right of access

(8) The administrator has the same rights as the board in respect of the administrative authority’s documents, records and information.  2012, c. 8, Sched. 11, s. 39 (8).

Report to responsible Minister

(9) The administrator shall report to the Minister as the Minister requires.  2012, c. 8, Sched. 11, s. 39 (9).

Minister’s directions

(10) The Minister may issue directions to the administrator with regard to any matter within the administrator’s jurisdiction, and the administrator shall carry them out.  2012, c. 8, Sched. 11, s. 39 (10).

No personal liability

(11) No action or other proceeding shall be instituted against the administrator for an act done in good faith in the execution or intended execution of a duty or power under this Act, the regulations made under this Act, the delegated legislation, a Minister’s order or the appointment under subsection (1), or for an alleged neglect or default in the execution in good faith of that duty or power.  2012, c. 8, Sched. 11, s. 39 (11).

Crown liability

(12) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (11) does not relieve the Crown of liability to which it would otherwise be subject.  2012, c. 8, Sched. 11, s. 39 (12).

Liability of delegated administrative authority

(13) Subsection (11) does not relieve the administrative authority of liability to which it would otherwise be subject.  2012, c. 8, Sched. 11, s. 39 (13).

Appointment of administrator, effect on board

40 (1) On the appointment of an administrator under section 39, the members of the board of directors cease to hold office, unless the order provides otherwise.  2012, c. 8, Sched. 11, s. 40 (1).

Same

(2) During the term of the administrator’s appointment, the powers of any member of the board who continues to hold office are suspended, unless the order provides otherwise.  2012, c. 8, Sched. 11, s. 40 (2).

No personal liability

(3) No action or other proceeding shall be instituted against a member or former member of the board for anything done by the administrator or the delegated administrative authority after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2).  2012, c. 8, Sched. 11, s. 40 (3).

Crown liability

(4) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (3) does not relieve the Crown of liability to which it would otherwise be subject.  2012, c. 8, Sched. 11, s. 40 (4).

Liability of delegated administrative authority

(5) Subsection (3) does not relieve the administrative authority of liability to which it would otherwise be subject.  2012, c. 8, Sched. 11, s. 40 (5).

Miscellaneous Provisions

Offences

Delegated administrative authority

41 (1) A delegated administrative authority that knowingly contravenes this Act, the regulations made under this Act or the delegated legislation is guilty of an offence and on conviction is liable to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues.  2012, c. 8, Sched. 11, s. 41 (1).

Individuals

(2) A director, officer, employee or agent of an administrative authority who knowingly contravenes this Act, the regulations made under this Act or the delegated legislation is guilty of an offence.  2012, c. 8, Sched. 11, s. 41 (2).

Parties to offences

(3) A director or officer of an administrative authority is guilty of an offence if he or she,

(a) knowingly causes, authorizes, permits or participates in the commission by the administrative authority of an offence mentioned in subsection (1); or

(b) fails to take reasonable care to prevent the administrative authority from committing an offence mentioned in subsection (1).  2012, c. 8, Sched. 11, s. 41 (3).

Penalty, individual

(4) A person who is convicted of an offence under subsection (2) or (3) is liable to a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues.  2012, c. 8, Sched. 11, s. 41 (4).

Regulations

42 (1) In addition to the regulations that the Lieutenant Governor in Council may make in accordance with section 4, the Lieutenant Governor in Council may make regulations,

(a) providing for proceedings under delegated legislation, including hearings and appeals;

(b) defining “event of force majeure” for the purposes of paragraph 2 of section 16;

(c) defining “related to the administrative authority” for the purposes of subsection 17 (3);

(d) with respect to a particular delegated administrative authority, specifying a day for the purposes of subsection 20 (4);

(e) providing for transitional matters that arise out of the replacement of the Safety and Consumer Statutes Administration Act, 1996 by this Act;

(f) respecting any matter that the Lieutenant Governor in Council considers advisable to carry out effectively the intent and purpose of this Act.  2012, c. 8, Sched. 11, s. 42 (1).

Costs and expenses

(2) Clause (1) (a) does not authorize the making of regulations allowing the delegated administrative authority to recover from the parties to the proceedings the costs and expenses that the administrative authority incurs in respect of the proceedings.  2012, c. 8, Sched. 11, s. 42 (2).

Conflict

(3) A regulation made under clause (1) (e) prevails over any provision of this Act or of any other Act or regulation that is specified in the regulation.  2012, c. 8, Sched. 11, s. 42 (3).

43 Omitted (provides for amendments to this Act).  2012, c. 8, Sched. 11, s. 43.

44-53 Omitted (amends, repeals or revokes other legislation).  2012, c. 8, Sched. 11, ss. 44-53.

54 Omitted (provides for coming into force of provisions of this Act).  2012, c. 8, Sched. 11, s. 54.

55 Omitted (enacts short title of this Act).  2012, c. 8, Sched. 11, s. 55.

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