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Government Services and Service Providers Act (ServiceOntario), 2012, S.O. 2012, c. 8, Sched. 21

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Government Services and Service Providers Act (ServiceOntario), 2012

S.o. 2012, chapter 8
Schedule 21

Consolidation Period: From December 6, 2018 to the e-Laws currency date.

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. 21, s. 38 (1).

Last amendment: 2018, c. 17, Sched. 45, s. 7.

Legislative History: 2012, c. 8, Sched. 21, s. 36; 2018, c. 17, Sched. 45, s. 7.

CONTENTS

PART I
INTERPRETATION

1.

Definitions

PART II
PROVISION OF SERVICEONTARIO SERVICES

2.

Service agreements re ServiceOntario services

3.

Authority to provide ServiceOntario services

4.

Authentication of identity

5.

Service standards and compensation

6.

Authority to collect fees

7.

Waiver of certain fees

8.

Whistle-blowing protection

PART III
PROVISION OF OTHER SERVICES

9.

Services of the Office of the Assembly, etc.

10.

Services of other Canadian governments, etc.

11.

Broader public sector services

12.

Services of designated administrative authorities and others

PART IV
PERSONAL INFORMATION

13.

Customer service information

14.

Collection, use and disclosure of personal information

15.

Retention for ongoing authentication

16.

Access to databases

17.

Authorized disclosure of personal information

18.

Individual’s access to personal information

19.

Request for correction of personal information

20.

Appeal to Information and Privacy Commissioner

21.

Information and Privacy Commissioner’s review of practices

22.

Information and Privacy Commissioner’s comments on proposed regulations, etc.

PART V
SERVICE PROVIDERS ESTABLISHED BY THE CROWN

23.

Service providers

24.

Re corporations without share capital

25.

Re corporations with share capital

26.

Restrictions on financial powers of certain Part V service providers

PART VI
SERVICEONTARIO SERVICES AND OTHER LEGISLATION

27.

Authority of the Minister re other legislation

28.

Authority of Part V corporation without share capital re other legislation

29.

Public notice of certain changes

PART VII
GENERAL

30.

Arrangements for holding securities, etc.

31.

Transfer of property to Part V service providers

32.

Immunity of the Crown

33.

Payment re judgments against Crown agents

34.

Conflict

35.

Regulations

 

part i
INTERPRETATION

Definitions

(1) In this Act,

“broader public sector services” means the services referred to in section 11; (“services parapublics”)

“Crown” means the Crown in right of Ontario; (“Couronne”)

“Crown agent” means an agent of the Crown in right of Ontario; (“mandataire de la Couronne”)

“Minister” means the minister responsible for the administration of this Act; (“ministre”)

“Part V corporation without share capital” means a corporation without share capital that is established or authorized under subsection 23 (1); (“personne morale sans capital-actions de la partie V”)

“Part V service provider” means a corporation established or authorized under subsection 23 (1), a partnership entered into under subsection 23 (2) or a trust or other entity established or acquired under subsection 23 (3), but does not include a corporation, partnership, trust or other entity with respect to which a regulation under subsection (3) applies; (“fournisseur de services de la partie V”)

“service agreement” means an agreement authorized by section 2; (“accord de services”)

“ServiceOntario services” means the services referred to in subsections 3 (1) and (2). (“services de ServiceOntario”)  2012, c. 8, Sched. 21, s. 1 (1).

Personal information

(2) Expressions used in this Act relating to personal information have the same meaning as in the Freedom of Information and Protection of Privacy Act.  2012, c. 8, Sched. 21, s. 1 (2).

Change re Part V service providers

(3) A regulation may provide that a corporation, partnership, trust or other entity ceases to be a Part V service provider, within the meaning of this Act, in specified circumstances, and the regulation may provide that particular conditions and restrictions imposed under this Act cease to apply to it in specified circumstances.  2012, c. 8, Sched. 21, s. 1 (3).

PART II
PROVISION OF ServiceOntario services

Service agreements re ServiceOntario services

(1) The Lieutenant Governor in Council may, by order, authorize the Minister (on behalf of the Crown) to enter into one or more agreements with any person or entity for the provision of ServiceOntario services under this Act, and may impose conditions and restrictions on that authority.  2012, c. 8, Sched. 21, s. 2 (1).

Same

(2) The Lieutenant Governor in Council may, by order, authorize a Part V corporation without share capital to enter into one or more agreements with any person or entity for the provision of ServiceOntario services under this Act, and may impose conditions and restrictions on that authority.  2012, c. 8, Sched. 21, s. 2 (2).

Same

(3) The Minister or the Part V corporation, as the case may be, may determine the terms and conditions of an agreement, subject to the conditions and restrictions imposed by the Lieutenant Governor in Council.  2012, c. 8, Sched. 21, s. 2 (3).

Status as Crown agent

(4) A person or entity with whom the Minister or the Part V corporation enters into an agreement is not a Crown agent for any purpose unless a regulation specifies otherwise.  2012, c. 8, Sched. 21, s. 2 (4).

Same

(5) A regulation specifying that a person or entity is a Crown agent for any purpose may authorize the person or entity to declare, in writing, in specified circumstances that it is not acting as a Crown agent.  2012, c. 8, Sched. 21, s. 2 (5).

Other agreements

(6) Although this section provides for agreements with respect to the provision of ServiceOntario services, this section does not prevent the Crown from otherwise entering into agreements with respect to the provision of services, whether or not those services are ServiceOntario services for the purposes of this Act.  2012, c. 8, Sched. 21, s. 2 (6).

Authority to provide ServiceOntario services

Part V corporation without share capital

(1) A Part V corporation without share capital may be required or authorized, by regulation, to provide the services described in the regulation on behalf of one or more of the following persons or entities:  the Crown, the government, a ministry, a government official, a Crown agency or any other board, commission, authority or unincorporated body of the Crown.  2012, c. 8, Sched. 21, s. 3 (1).

Other persons or entities

(2) Any other person or entity may be authorized, by regulation, to provide the services described in the regulation on behalf of one or more of the following persons or entities:  the Crown, the government, a ministry, a government official, a Crown agency or any other board, commission, authority or unincorporated body of the Crown.  2012, c. 8, Sched. 21, s. 3 (2).

General services to the public

(3) Regulations under subsections (1) and (2) may relate to the following types of general services to the public:

1. Providing information and responding to queries about programs and services provided by the Ontario government.

2. Receiving applications, payments and deliveries for programs and services provided by the Ontario government, and forwarding them to the appropriate department.  2012, c. 8, Sched. 21, s. 3 (3).

Services re Ontario government programs

(4) Regulations under subsections (1) and (2) may relate to the following types of services provided under a statute or in connection with an Ontario government program:

1. Processing applications, registrations, filings and payments.

2. Issuing licences and other forms of permission.

3. Providing documents and information.

4. Undertaking administrative activities related to these services.  2012, c. 8, Sched. 21, s. 3 (4).

Restrictions

(5) A regulation may impose conditions and restrictions relating to the services or the provision of the services.  2012, c. 8, Sched. 21, s. 3 (5).

Same

(6) A regulation respecting the authority of a particular person or entity is inoperative unless there is a service agreement between the Minister and the person or entity, or a service agreement between a Part V corporation without share capital and the person or entity.  2012, c. 8, Sched. 21, s. 3 (6).

Same

(7) The services must be provided in accordance with the service agreement and in accordance with the conditions and restrictions imposed by regulation.  2012, c. 8, Sched. 21, s. 3 (7).

Interpretation

(8) Subsections (1), (2) and (5) do not affect, and are not affected by, a provision of another Act or regulation that permits or restricts the delegation of a power, duty or function under that Act or regulation to a public servant or to any other person.  2012, c. 8, Sched. 21, s. 3 (8).

Authentication of identity

A person or entity providing ServiceOntario services under this Act may be authorized, by regulation, to determine the information and documents that individuals and businesses must provide in order to establish and authenticate their identity for the purpose of obtaining a ServiceOntario service.  2012, c. 8, Sched. 21, s. 4.

Service standards and compensation

(1) The Minister may establish standards for the provision of ServiceOntario services under this Act.  2012, c. 8, Sched. 21, s. 5 (1).

Compensation

(2) A service standard established by the Minister may specify circumstances in which compensation is available from the Minister, from the person or entity providing the service or from both of them if the standard is not met, and it may specify the procedures for requesting compensation.  2012, c. 8, Sched. 21, s. 5 (2).

Payment by Minister

(3) If compensation is available from the Minister under a service standard, the Minister is authorized to pay compensation in an amount that, together with compensation available from the person or entity providing the service, does not exceed the amount of the fee, if any, payable for the service.  2012, c. 8, Sched. 21, s. 5 (3).

Appropriation

(4) The money required for the purposes of subsection (3) shall be paid out of money appropriated therefor by the Legislature.  2012, c. 8, Sched. 21, s. 5 (4).

Authority to collect fees

(1) The Lieutenant Governor in Council may, by regulation, authorize a person or entity providing ServiceOntario services under this Act to collect fees for the provision of those services that are charged by and payable to the person or entity on whose behalf the services are provided.  2012, c. 8, Sched. 21, s. 6 (1).

Duty to pay

(2) The person or entity shall pay the fees to the person or entity on whose behalf the services are provided.  2012, c. 8, Sched. 21, s. 6 (2).

Authority to retain

(3) Despite subsection (2), the Lieutenant Governor in Council may, by regulation, authorize the person or entity to retain all or part of the fees as compensation for providing the services, despite Part I of the Financial Administration Act or any other Act.  2012, c. 8, Sched. 21, s. 6 (3).

Restriction on other fees

(4) The person or entity is not permitted to charge any fees for its own account for the provision of the services, except as may be authorized by regulation.  2012, c. 8, Sched. 21, s. 6 (4).

Same

(5) A regulation authorizing a person or entity to charge fees for its own account may impose conditions and restrictions, and may provide that the Minister is permitted to authorize such fees on terms and conditions that the Minister consider appropriate.  2012, c. 8, Sched. 21, s. 6 (5).

Waiver of certain fees

(1) A person or entity providing ServiceOntario services under this Act may waive or refund all or part of any fee charged by it for its own account for a particular service.  2012, c. 8, Sched. 21, s. 7 (1).

Same

(2) A person or entity providing ServiceOntario services under this Act is not permitted to waive or refund all or part of any fee for such a service that is payable to the person or entity on whose behalf the service is provided.  However, the person or entity may pay all or part of the fee on behalf of the person or entity to whom the service was provided.  2012, c. 8, Sched. 21, s. 7 (2).

Whistle-blowing protection

(1) This section applies with respect to every Part V service provider, other than one to whom Part VI (Disclosing and Investigating Wrongdoing) of the Public Service of Ontario Act, 2006 applies.  2012, c. 8, Sched. 21, s. 8 (1).

Reprisal prohibited

(2) No Part V service provider or person acting on behalf of one shall intimidate, dismiss or otherwise penalize an officer or employee of the service provider, whether by act or omission, or threaten to do so, because the officer or employee gives information relating to the service provider to the Minister or a person designated by the Minister or testifies in a proceeding.  2012, c. 8, Sched. 21, s. 8 (2).

part iii
provision of other services

Services of the Office of the Assembly, etc.

A Part V service provider may be authorized, by regulation, to provide the services described in the regulation on behalf of the Office of the Assembly or the office of a person appointed on the address of the Assembly, if the Office or person authorizes the service provider to do so.  2012, c. 8, Sched. 21, s. 9.

Note: On the day section 9 of this Act comes into force, it is amended by striking out “on the address of” and substituting “by order of”. (See: 2018, c. 17, Sched. 45, s. 7)

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

2018, c. 17, Sched. 45, s. 7 - not in force

Services of other Canadian governments, etc.

10 A Part V service provider may provide services on behalf of one or more of the following persons or entities, if the person or entity authorizes the service provider to do so:

1. The Crown in right of Canada, the Government of Canada or any department or agency thereof.

2. The Crown in right of any other province in Canada, the government of any other province or territory or any ministry, department or agency thereof.  2012, c. 8, Sched. 21, s. 10.

Broader public sector services

11 A Part V service provider may provide services on behalf of one or more of the following persons or entities, if the person or entity authorizes the service provider to do so:

1. A municipality in Ontario.

2. A local board, as defined in the Municipal Act, 2001, of a municipality in Ontario.

3. Any other authority, board, commission, corporation, office or organization of persons some or all of whose members, directors or officers are appointed or chosen by or under the authority of a municipality in Ontario.

4. A university, college of applied arts and technology or other post-secondary institution in Ontario.

5. A board as defined in the Education Act.

6. A hospital within the meaning of the Public Hospitals Act.

7. Such other persons or entities as may be specified by regulation.  2012, c. 8, Sched. 21, s. 11.

Services of designated administrative authorities and others

12 A Part V service provider may be authorized, by regulation, to provide the services described in the regulation on behalf of one or more of the following persons or entities, if the person or entity authorizes the service provider to do so:

1. A designated administrative authority within the meaning of the Safety and Consumer Statutes Administration Act, 1996.

Note: On the later of the day subsection 4 (1) of Schedule 11 (Delegated Administrative Authorities Act,  2012) to the Strong Action for Ontario Act (Budget Measures), 2012 comes into force and the day section 12 comes into force, paragraph 1 is repealed and the following substituted:

1.  A delegated administrative authority within the meaning of the Delegated Administrative Authorities Act, 2012.

See:  2012, c. 8, Sched. 21, ss. 36 (1), 38 (2).

2. Such other persons and entities as may be specified by regulation.  2012, c. 8, Sched. 21, s. 12.

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

2012, c. 8, Sched. 21, s. 36 (1) - not in force

part iv
personal information

Customer service information

13 (1) A person or entity that provides ServiceOntario services or broader public sector services under this Act is authorized to collect, retain and use customer service information about an individual for any of the following purposes:

1. To create a customer account for the individual to enable him or her to obtain information and services under this Act from the person or entity, including services provided via the Internet.

2. To advise an individual about the requirements for a licence, permit, registration or other document issued by the person or entity under this Act, or about the renewal of such a document.

3. For any other purpose prescribed by regulation that relates to the provision of services to the public by the person or entity under this Act.  2012, c. 8, Sched. 21, s. 13 (1).

Use with consent

(2) With the consent of the individual, the person or entity may use the customer service information to contact the individual and give him or her information about the services that the person or entity has provided or is able to provide to him or her under this Act and for such other purposes as may be prescribed by regulation that relate to the provision of services to the public by the person or entity under this Act.  2012, c. 8, Sched. 21, s. 13 (2).

Definition

(3) In this section,

“customer service information” means, in relation to a ServiceOntario service or broader public sector service provided by a person or entity,

(a) the name and contact information of an individual to whom the service is provided and, if applicable, of any person acting on the individual’s behalf,

(b) information about any financial transaction involving the individual and the person or entity providing the service,

(c) a record confirming that the person or entity has provided the service to the individual and, if applicable, including details about the renewal period of any licence, permit, registration or other document issued to the individual by the person or entity under this Act, and

(d) such other personal information as may be prescribed by regulation.  2012, c. 8, Sched. 21, s. 13 (3).

Interpretation

(4) This section does not limit the generality of sections 14 to 17.  2012, c. 8, Sched. 21, s. 13 (4).

Collection, use and disclosure of personal information

ServiceOntario services

14 (1) A person or entity is authorized to collect, use and disclose personal information for the purpose of providing ServiceOntario services under this Act, but the authority must be exercised in accordance with the applicable service agreement.  2012, c. 8, Sched. 21, s. 14 (1).

Duty to transfer

(2) Promptly after providing a ServiceOntario service, the person or entity shall transfer the individual’s personal information into the control of the person or entity on whose behalf the service is being provided.  2012, c. 8, Sched. 21, s. 14 (2).

Other services

(3) A Part V service provider is also authorized to collect, use and disclose personal information for the purpose of providing other services under this Act, but the authority must be exercised in accordance with its agreement with the person or entity on whose behalf it provides the services.  2012, c. 8, Sched. 21, s. 14 (3).

Duty to transfer

(4) Promptly after providing a service referred to in subsection (3), the Part V service provider shall transfer the individual’s personal information into the control of the person or entity on whose behalf the service is being provided.  2012, c. 8, Sched. 21, s. 14 (4).

Retention for ongoing authentication

15 (1) A person or entity is authorized to collect and retain personal information for the purpose of providing ServiceOntario services under this Act if the information is needed to authenticate an individual’s identity on an ongoing basis, but the authority must be exercised in accordance with the applicable service agreement.  2012, c. 8, Sched. 21, s. 15 (1).

Same

(2) A Part V service provider is also authorized to collect and retain personal information for the purpose of providing other services under this Act if the information is needed to authenticate an individual’s identity on an ongoing basis, but the authority must be exercised in accordance with its agreement with the person or entity on whose behalf it provides the services.  2012, c. 8, Sched. 21, s. 15 (2).

Access to databases

16 (1) A person or entity providing ServiceOntario services under this Act is authorized to access personal information that is in the control of a person or entity on whose behalf it provides the services if the information is necessary for the provision of the services, but the authority must be exercised in accordance with the applicable service agreement.  2012, c. 8, Sched. 21, s. 16 (1).

Same

(2) A Part V service provider is also authorized to access personal information that is in the control of a person or entity on whose behalf it provides other services under this Act if the information is necessary for the provision of the services, but the authority must be exercised in accordance with its agreement with the person or entity on whose behalf it provides the services.  2012, c. 8, Sched. 21, s. 16 (2).

Authorized disclosure of personal information

17 (1) A person or entity is authorized to disclose personal information collected and retained in connection with the provision of ServiceOntario services or broader public sector services under this Act if the disclosure is made in any of the following circumstances:

1. If the individual to whom the information relates has identified the information in particular and has consented to its disclosure.

2. For the purpose of collecting a debt owed to the service provider by the individual to whom the information relates, if the debt is incurred in connection with a service provided to the individual under this Act.

3. In order to comply with a subpoena or warrant issued, or an order made, by a court, person or body with jurisdiction to compel the production of the information.

4. Disclosure to the Information and Privacy Commissioner.

5. Disclosure to a law enforcement agency in Canada to aid a law enforcement investigation.

6. Disclosure to the person or entity on whose behalf the particular service is provided, if the personal information was collected and retained for the purpose of providing the particular service.

7. In such other circumstances as may be specified by regulation.  2012, c. 8, Sched. 21, s. 17 (1).

Re other services

(2) A Part V service provider is also authorized to disclose personal information collected and retained in connection with the provision of other services under this Act if the disclosure is made in accordance with an agreement between the service provider and the person or entity on whose behalf it provides the services.  2012, c. 8, Sched. 21, s. 17 (2).

Individual’s access to personal information

18 (1) An individual may, in writing, request access to his or her own personal information collected and retained by a person or entity that has provided ServiceOntario services or broader public sector services under this Act, and the request shall be accompanied by any applicable fee.  2012, c. 8, Sched. 21, s. 18 (1).

Disclosure

(2) Upon receiving the request and the fee, the person or entity shall disclose the individual’s personal information to the individual.  It must be provided in a comprehensible form and in a manner which indicates the general terms and conditions under which the personal information has been retained and used.  2012, c. 8, Sched. 21, s. 18 (2).

Exceptions

(3) The person or entity may refuse to disclose the individual’s personal information to the individual,

(a) if the disclosure would reveal information that is subject to solicitor-client privilege, litigation privilege or settlement privilege; or

(b) if the disclosure would reasonably be expected to interfere with the conduct of a law enforcement investigation.  2012, c. 8, Sched. 21, s. 18 (3).

Refusal

(4) If the person or entity refuses to disclose the individual’s personal information, the service provider shall notify the individual in writing and give him or her information about the right to appeal the refusal.  2012, c. 8, Sched. 21, s. 18 (4).

Fee for access to personal information

(5) The Minister may, by order, establish the fees that a person or entity is authorized to charge an individual for access to his or her personal information under this section.  2012, c. 8, Sched. 21, s. 18 (5).

Access to personal information re other services

(6) If an individual’s personal information was collected and retained by a Part V service provider in connection with the provision of services other than ServiceOntario services or broader public sector services, the service provider’s authority to disclose the information to the individual is governed by the agreement between the service provider and the person or entity on whose behalf the services are provided.  2012, c. 8, Sched. 21, s. 18 (6).

Request for correction of personal information

19 (1) An individual may, in writing, request a correction in the personal information disclosed to him or her under subsection 18 (2) by a person or entity or requested under subsection 18 (1).  2012, c. 8, Sched. 21, s. 19 (1).

Refusal

(2) If the person or entity refuses the request for a correction, the person or entity shall notify the individual in writing and give him or her information about the right to appeal the refusal.  2012, c. 8, Sched. 21, s. 19 (2).

Appeal to Information and Privacy Commissioner

20 (1) An individual may appeal to the Information and Privacy Commissioner a refusal by a person or entity to disclose the individual’s personal information under subsection 18 (3) or a refusal to correct his or her personal information under subsection 19 (2).  2012, c. 8, Sched. 21, s. 20 (1).

Same

(2) Part IV of the Freedom of Information and Protection of Privacy Act applies, with the following modifications, with respect to the appeal:

1. A reference in Part IV to an “institution” shall be read as if it were a reference to the person or entity that refused to disclose or correct the information, as the case may be.

2. A reference in Part IV to a “record” shall be read as if it were a reference to a record containing the personal information of the appellant.

3. Subsections 52 (4) to (7) in Part IV do not apply with respect to the appeal.  Instead, in an inquiry, the Commissioner may require to be produced to the Commissioner, and may examine, any record containing the personal information of the appellant that is in the custody or under the control of the person or entity that refused to disclose or correct the information.  The person or entity shall comply with the production requirements of the Commissioner.

4. A reference in section 53 in Part IV to “specified exemptions” shall be read as if it were a reference to the exceptions listed in section 18 (3) of this Act.

5. Subsection 56 (2) in Part IV does not apply.

6. After the Commissioner issues an order disposing of the appeal, the person or entity that refused to disclose or correct the information shall comply with the order.  2012, c. 8, Sched. 21, s. 20 (2).

Information and Privacy Commissioner’s review of practices

21 (1) The Information and Privacy Commissioner may, from time to time, review the practices of a person or entity that has provided ServiceOntario services under this Act to check that there has been no unauthorized collection, retention, use, disclosure, access to or modification of personal information in its custody in connection with the provision of those services.  2012, c. 8, Sched. 21, s. 21 (1).

Same

(2) The Commissioner may, from time to time, review the practices of a Part V service provider that has provided broader public sector services under this Act to check that there has been no unauthorized collection, retention, use, disclosure, access to or modification of personal information in its custody in connection with the provision of those services.  2012, c. 8, Sched. 21, s. 21 (2).

Duty to assist

(3) The person or entity shall co-operate with and assist the Commissioner in the conduct of the review under subsection (1) or (2), as the case may be.  2012, c. 8, Sched. 21, s. 21 (3).

Orders

(4) If the Commissioner determines that a practice contravenes this Act, the Commissioner may order the person or entity to discontinue the practice and to destroy personal information collected or retained under that practice.  2012, c. 8, Sched. 21, s. 21 (4).

Same

(5) The Commissioner may order the person or entity to refrain from accessing, modifying or retaining personal information in connection with the provision of a ServiceOntario service or a broader public sector service if the person or entity is not authorized to do so by this Act or by an agreement made under this Act.  2012, c. 8, Sched. 21, s. 21 (5).

Information and Privacy Commissioner’s comments on proposed regulations, etc.

22 The Information and Privacy Commissioner may offer comment on the privacy protection implications of proposed regulations under this Act and the privacy protection implications of proposed agreements relating to the provision of ServiceOntario services and broader public sector services under this Act.  2012, c. 8, Sched. 21, s. 22.

part v
service providers established by the crown

Service providers

Corporations

23 (1) For purposes relating to the provision of services under this Act, the Lieutenant Governor in Council may, by regulation,

(a) incorporate one or more corporations without share capital;

(b) authorize the Minister (on behalf of the Crown) to cause one or more corporations to be incorporated under the Corporations Act;

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, clause (b) is amended by striking out “Corporations Act” at the end and substituting “Not-for-Profit Corporations Act, 2010”.  See:  2012, c. 8, Sched. 21, ss. 36 (2), 38 (3).

(c) authorize the Minister (on behalf of the Crown) to cause one or more corporations to be incorporated under the Business Corporations Act;

(d) authorize the Minister (on behalf of the Crown) to acquire one or more corporations with share capital.  2012, c. 8, Sched. 21, s. 23 (1).

Partnerships

(2) For purposes relating to the provision of services under this Act, the Lieutenant Governor in Council may, by order, authorize the Minister (on behalf of the Crown) to enter into one or more partnerships (including limited partnerships and limited liability partnerships) on such terms and conditions as the Lieutenant Governor in Council considers advisable.  2012, c. 8, Sched. 21, s. 23 (2).

Other entities

(3) For purposes relating to the provision of services under this Act, the Lieutenant Governor in Council may, by order, authorize the Minister (on behalf of the Crown) to establish or acquire one or more trusts or other entities on such terms and conditions as the Lieutenant Governor in Council considers advisable.  2012, c. 8, Sched. 21, s. 23 (3).

Conditions and restrictions

(4) A regulation may specify conditions and restrictions that apply with respect to a corporation established or authorized under subsection (1), a partnership entered into under subsection (2) or a trust or other entity established or acquired under subsection (3).  2012, c. 8, Sched. 21, s. 23 (4).

Same

(5) The conditions and restrictions specified by regulation prevail over those imposed by order under subsection (2) or (3), to the extent of any inconsistency.  2012, c. 8, Sched. 21, s. 23 (5).

Same, for subsidiaries

(6) A regulation may specify conditions and restrictions that apply with respect to a subsidiary of a corporation established or authorized under subsection (1).  2012, c. 8, Sched. 21, s. 23 (6).

Status as Crown agent

(7) A corporation established or authorized under subsection (1), a partnership entered into under subsection (2) and a trust or other entity established or acquired under subsection (3) is not a Crown agent for any purpose unless a regulation specifies otherwise.  2012, c. 8, Sched. 21, s. 23 (7).

Same

(8) A regulation specifying that a corporation, partnership, trust or other entity is a Crown agent for any purpose may authorize the corporation, partnership, trust or entity to declare, in writing, in specified circumstances that it is not acting as a Crown agent.  2012, c. 8, Sched. 21, s. 23 (8).

Winding up, etc., partnerships, trusts, other entities

(9) The Lieutenant Governor in Council may, by order, authorize the Minister (on behalf of the Crown) to wind up, dissolve, dispose of or otherwise deal with, in whole or in part, a partnership entered into under subsection (2) or a trust or other entity established or acquired under subsection (3), and may specify conditions and restrictions that apply in the circumstances.  2012, c. 8, Sched. 21, s. 23 (9).

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

2012, c. 8, Sched. 21, s. 36 (2) - not in force

Re corporations without share capital

24 (1) A regulation incorporating a corporation without share capital, or authorizing the incorporation of such a corporation, may provide for any of the following matters:

1. The name of the corporation.

2. The composition of the corporation.

3. The composition of the board of directors and the appointment and remuneration of directors.  As an option, the regulation may authorize the Lieutenant Governor in Council to appoint directors and determine their remuneration.

4. The objects of the corporation.

5. The capacity, rights, powers and privileges of the corporation and any restrictions on them.

6. The appointment and remuneration of the chief executive officer.  As an option, the regulation may authorize the Lieutenant Governor in Council to make the appointment and determine the remuneration.

7. The corporation’s authority to employ or otherwise engage persons for the proper conduct of its activities.  The regulation may provide, instead, that employees may be appointed under Part III of the Public Service of Ontario Act, 2006.

8. The appointment of its auditors.

9. The corporation’s authority to establish, acquire, wind up, dispose of or otherwise deal with, in whole or in part, a subsidiary and any restrictions on the corporation’s authority.  As an option, the regulation may require the prior written consent of the Minister for any of these actions.

10. The corporation’s authority to enter into, dissolve or otherwise deal with, in whole or in part, an interest in a partnership (including a limited partnership or a limited liability partnership) and any restrictions on the corporation’s authority.  As an option, the regulation may require the prior written consent of the Minister for any of these actions.

11. The corporation’s authority to establish, acquire, wind up, dispose of or otherwise deal with, in whole or in part, a trust or any other entity and any restrictions on the corporation’s authority.  As an option, the regulation may require the prior written consent of the Minister for any of these actions.

12. The winding up and dissolution of the corporation and the transfer of its assets, liabilities, rights and obligations.

13. Such other matters as the Lieutenant Governor in Council considers necessary or advisable.  2012, c. 8, Sched. 21, s. 24 (1).

Non-application of corporate statutes

(2) A regulation incorporating a corporation without share capital, or authorizing the incorporation of such a corporation, may provide for the following:

1. For a corporation incorporated by regulation, the regulation may provide that the Corporations Act does not apply with respect to the corporation.

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 (2) comes into force, paragraph 1 is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.  See:  2012, c. 8, Sched. 21, ss. 36 (3), 38 (4).

2. For a corporation incorporated under the Corporations Act, the regulation may provide that specified provisions of that Act or of a regulation made under that Act do not apply with respect to the corporation.

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 (2) comes into force, paragraph 2 is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.  See:  2012, c. 8, Sched. 21, ss. 36 (3), 38 (4).

3. For any corporation, the regulation may provide that all or part of the Corporations Information Act and other corporate statutes, and all or part of any regulations made under those statutes, do not apply with respect to a corporation.  2012, c. 8, Sched. 21, s. 24 (2).

Accountability and performance

(3) A regulation incorporating a corporation without share capital, or authorizing the incorporation of such a corporation, may impose requirements respecting the accountability of the corporation to the Crown, including the following:

1. A requirement to enter into a memorandum of understanding or a performance agreement with the Minister, to submit business plans and financial statements to the Minister in each fiscal year and to give annual reports and other reports to the Minister, as he or she may require.

2. Requirements respecting inspections, reviews and audits by the Minister or his or her delegate.  2012, c. 8, Sched. 21, s. 24 (3).

Policies and directives

(4) A regulation incorporating a corporation without share capital, or authorizing the incorporation of such a corporation, may authorize the Minister to issue policies and directives to the corporation relating to the exercise of its powers or the performance of its duties and may require the board of directors to ensure that the policies and directives are implemented promptly and efficiently.  2012, c. 8, Sched. 21, s. 24 (4).

Immunity of members, etc.

(5) A regulation incorporating a corporation without share capital, or authorizing the incorporation or acquisition of such a corporation, may provide that no action or other civil proceeding may be commenced against a member, director, officer, employee or agent of the corporation for any act done in good faith in the exercise or performance or intended exercise or performance of a power or duty under this Act or the regulations, under the by-laws of the corporation or under a policy or directive issued under this Act or for any neglect or default in the exercise or performance in good faith of such a power or duty.  2012, c. 8, Sched. 21, s. 24 (5).

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

2012, c. 8, Sched. 21, s. 36 (3) - not in force

Re corporations with share capital

25 (1) A regulation providing for the incorporation of a corporation under the Business Corporations Act or the acquisition of a corporation with share capital may provide for the contents of the articles of incorporation and by-laws, including the following:

1. The creation of one or more classes of special shares to be issued to the Minister to be held on behalf of the Crown, and providing for the rights, privileges, restrictions and conditions attaching to the shares.

2. Restrictions on the issue, transfer and ownership of voting securities of the corporation.

3. The composition of the board of directors and the appointment and remuneration of directors.  As an option, the regulation may authorize the Lieutenant Governor in Council to appoint directors and determine their remuneration.

4. A requirement to locate the head office of the corporation in Ontario.

5. Restrictions on the objects of the corporation and on its powers and duties.  As an option, the regulation may restrict the corporation’s power to provide services otherwise than under this Act or may specify that the corporation may provide such services subject to the conditions and restrictions set out in the regulation.

6. Restrictions on the corporation’s authority to amend its articles of incorporation or by-laws.

7. The corporation’s authority to establish, acquire, wind up, dispose of or otherwise deal with, in whole or in part, a subsidiary and any restrictions on the corporation’s authority.  As an option, the regulation may require the prior written consent of the Minister for any of these actions.

8. The corporation’s authority to enter into, dissolve or otherwise deal with, in whole or in part, an interest in a partnership (including a limited partnership or limited liability partnership) and any restrictions on the corporation’s authority.  As an option, the regulation may require the prior written consent of the Minister for any of these actions.

9. The corporation’s authority to establish, acquire, wind up, dispose of or otherwise deal with, in whole or in part, a trust or any other entity and any restrictions on the corporation’s authority.  As an option, the regulation may require the prior written consent of the Minister for any of these actions.

10. The winding up and dissolution of the corporation and the transfer of its assets, liabilities, rights and obligations.  2012, c. 8, Sched. 21, s. 25 (1).

Non-application of Business Corporations Act

(2) A regulation providing for the incorporation of a corporation under the Business Corporations Act or the acquisition of such a corporation may provide that specified provisions of that Act or of a regulation made under that Act do not apply with respect to the corporation.  2012, c. 8, Sched. 21, s. 25 (2).

Accountability and performance

(3) A regulation providing for the incorporation of a corporation under the Business Corporations Act or the acquisition of a corporation with share capital may impose requirements respecting the accountability of the corporation to the Crown, including the following:

1. A requirement to enter into a memorandum of understanding or a performance agreement with the Minister, to submit business plans and financial statements to the Minister in each fiscal year and to give annual reports and other reports to the Minister, as he or she may require.

2. Requirements respecting inspections, reviews and audits by the Minister or his or her delegate.  2012, c. 8, Sched. 21, s. 25 (3).

Restrictions on financial powers of certain Part V service providers

26 (1) If a Part V service provider is a Crown agent for any purpose, it shall not, as a Crown agent, borrow, invest funds or manage financial risks, unless it is permitted to do so by regulation and unless the activity is authorized by a by-law that has been approved in writing by the Minister and by the Minister of Finance.  2012, c. 8, Sched. 21, s. 26 (1).

Same

(2) Subject to subsection (3), the Ontario Financing Authority shall co-ordinate and arrange all borrowing, investing of funds and managing of financial risks referred to in subsection (5) for the Part V service provider.  2012, c. 8, Sched. 21, s. 26 (2).

Direction re borrowing, etc.

(3) The Minister of Finance may, in writing, direct a person other than the Ontario Financing Authority to coordinate and arrange the borrowing, investing of funds and managing of financial risks referred to in subsection (2) for the Part V service provider.  2012, c. 8, Sched. 21, s. 26 (3).

Same

(4) The direction may be general or specific and may include terms and conditions that the Minister of Finance considers advisable.  2012, c. 8, Sched. 21, s. 26 (4).

Retaining assets, etc., outside the CRF

(5) If a Part V service provider is a Crown agent for any purpose, it may be authorized by regulation to retain all or part of its assets and revenues outside the Consolidated Revenue Fund, despite Part I of the Financial Administration Act, and the regulation may impose conditions and restrictions that apply in the circumstances.  2012, c. 8, Sched. 21, s. 26 (5).

Use of certain revenues

(6) If a Part V service provider is a Crown agent for any purpose, the revenues that it receives as a Crown agent shall be used for the purposes specified by regulation, and for no other purpose.  2012, c. 8, Sched. 21, s. 26 (6).

part vi
ServiceOntario services and other legislation

Authority of the Minister re other legislation

27 (1) The Minister may be required or permitted, by regulation, to do any of the following things in connection with the provision of ServiceOntario services under this Act by a person or entity:

1. To exercise specified powers or perform specified functions or duties under an Ontario statute, excluding the power to make a regulation or conduct a hearing, review or appeal.

2. To establish the form of a notice, licence, permit, registration or other document issued or provided by the person or entity providing the particular ServiceOntario service.

3. To set the period within which a licence, permit, registration or other document referred to in paragraph 2 can be renewed.  2012, c. 8, Sched. 21, s. 27 (1).

Legal effect of regulation

(2) A regulation under subsection (1) prevails over a different requirement imposed by any other Act or regulation.  2012, c. 8, Sched. 21, s. 27 (2).

Interpretation of other legislation

(3) A regulation requiring or permitting the Minister to exercise a power or perform a function or duty under an Ontario statute may also provide that the relevant provision of that statute or of a regulation made under it shall be read as if it referred to the Minister.  2012, c. 8, Sched. 21, s. 27 (3).

Delegation by Minister

(4) A regulation may authorize the Minister to delegate any of his or her powers, functions or duties described in paragraph 1 of subsection (1), subject to such conditions and restrictions as may be specified by regulation and such conditions and restrictions as may be specified by the Minister.  2012, c. 8, Sched. 21, s. 27 (4).

Same

(5) A regulation may authorize the Minister to delegate any of his or her powers described in paragraph 2 or 3 of subsection (1) to a Part V corporation without share capital, subject to such conditions and restrictions as may be specified by regulation and such conditions and restrictions as may be specified by the Minister.  2012, c. 8, Sched. 21, s. 27 (5).

Authority of Part V corporation without share capital re other legislation

28 (1) A Part V corporation without share capital may be authorized, by regulation, to do any of the things described in paragraph 1, 2 or 3 of subsection 27 (1) in connection with the provision of ServiceOntario services under this Act by the corporation.  2012, c. 8, Sched. 21, s. 28 (1).

Legal effect of regulation

(2) A regulation under subsection (1) prevails over a different requirement imposed by any other Act or regulation.  2012, c. 8, Sched. 21, s. 28 (2).

Interpretation of other legislation

(3) A regulation authorizing a Part V corporation without share capital to exercise a power or perform a function or duty under an Ontario statute may also provide that the relevant provision of that statute or of a regulation made under it shall be read as if it referred to the Part V corporation.  2012, c. 8, Sched. 21, s. 28 (3).

Delegation by corporation

(4) If the Part V corporation without share capital has the authority to enter into an agreement with another person or entity for the provision of ServiceOntario services as its agent, the Part V corporation may be authorized, by regulation, to delegate any of the powers, functions or duties referred to in paragraph 1 of subsection 27 (1) to that person or entity, subject to such conditions and restrictions as may be imposed by regulation.  2012, c. 8, Sched. 21, s. 28 (4).

Public notice of certain changes

Change of a form

29 (1) If the Minister or a Part V corporation without share capital establishes the form of a notice, licence, permit, registration or other document and if it differs from the form that would otherwise apply under another statute or regulation, the Minister or the Part V corporation, as the case may be, shall ensure that reasonable notice of the change is given to the public.  2012, c. 8, Sched. 21, s. 29 (1).

Change of renewal period

(2) If the Minister or a Part V corporation without share capital sets the period within which a licence, permit, registration or other document can be renewed, and if it differs from the period that would otherwise apply under another statute or regulation, the Minister or the Part V corporation, as the case may be, shall ensure that reasonable notice of the change is given to the public.  2012, c. 8, Sched. 21, s. 29 (2).

Status under Legislation Act, 2006

(3) Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to a decision of the Minister or of a Part V corporation without share capital,

(a) to establish the form of a notice, licence, permit, registration or other document that differs from the form that would otherwise apply under another statute or regulation;

(b) to set the period within which a licence, permit, registration or other document can be renewed that differs from the period that would otherwise apply under another statute or regulation.  2012, c. 8, Sched. 21, s. 29 (3).

part vIi
general

Arrangements for holding securities, etc.

30 (1) The Lieutenant Governor in Council, by order, may authorize the Minister (on behalf of the Crown) to do any of the following:

1. To acquire, hold, dispose of and otherwise deal with the securities, assets, liabilities, rights, obligations, revenues and income of a corporation established or acquired under Part V.

2. To acquire, hold, dispose of and otherwise deal with an interest in a Part V service provider other than a corporation and to acquire, hold, dispose of and otherwise deal with the assets, liabilities, rights, obligations, revenues and income of such a service provider.

3. To cause a corporation to be established or acquired for a purpose described in paragraph 1 or 2.

4. To enter into a partnership (including a limited partnership or a limited liability partnership) for a purpose described in paragraph 1 or 2.

5. To cause a trust or other entity to be established or acquired, or any other arrangement to be made, for a purpose described in paragraph 1 or 2.

6. To enter into any agreement or arrangement that the Minister considers necessary or advisable for the purpose of exercising the powers described in paragraphs 1 to 5.  2012, c. 8, Sched. 21, s. 30 (1).

Same

(2) The authorization under subsection (1) may be made subject to such conditions and restrictions as the Lieutenant Governor in Council considers appropriate.  2012, c. 8, Sched. 21, s. 30 (2).

Status as Crown agent

(3) A corporation, partnership, trust or other entity referred to in paragraph 3, 4 or 5 of subsection (1) is not a Crown agent for any purpose unless a regulation provides otherwise.  2012, c. 8, Sched. 21, s. 30 (3).

Transfer of property to Part V service providers

31 (1) Despite any other Act but subject to section 11.1 of the Financial Administration Act, real or personal property that is owned, leased, used or occupied by the Crown in connection with an activity carried out by a Part V service provider may be transferred to the service provider, with or without consideration, upon the terms approved in writing by Treasury Board.  2012, c. 8, Sched. 21, s. 31 (1).

Same

(2) The Crown may incur non-cash expenses within the meaning of the Financial Administration Act in connection with a transfer under subsection (1) to a Part V service provider.  2012, c. 8, Sched. 21, s. 31 (2).

Immunity of the Crown

32 (1) No action or other proceeding shall be commenced against the Crown for any act or omission of a person or entity that provides ServiceOntario services under this Act or any act or omission of a member, director, partner, trustee, officer, employee or agent of such a person or entity.  2012, c. 8, Sched. 21, s. 32 (1).

Same

(2) No action or other proceeding shall be commenced against the Crown for any act or omission of a Part V service provider that provides services under this Act or any act or omission of a member, director, partner, trustee, officer, employee or agent of such a service provider.  2012, c. 8, Sched. 21, s. 32 (2).

Exceptions

(3) Subsections (1) and (2) do not apply with respect to a proceeding to enforce against the Crown its obligations under a written contract to which the Crown is a party.  2012, c. 8, Sched. 21, s. 32 (3).

Payment re judgments against Crown agents

33 If a person or entity that provides ServiceOntario services is directed by the judgment of a court to pay an amount in its capacity as a Crown agent, the Minister of Finance shall pay from the Consolidated Revenue Fund any portion of the amount that remains unpaid after the person or entity has made reasonable efforts, including liquidating assets, to pay the amount.  2012, c. 8, Sched. 21, s. 33.

Conflict

34 (1) Section 3 of this Act, and the regulations made under it, prevail over any other Act.  2012, c. 8, Sched. 21, s. 34 (1).

Powers of the Crown, etc.

(2) Nothing in Part II, V or VII restricts the powers of the Crown or any member of the Executive Council at common law or under any Act, whether as a shareholder or otherwise.  2012, c. 8, Sched. 21, s. 34 (2).

Regulations

35 The Lieutenant Governor in Council may make regulations with respect to any matter that, under this Act, may be prescribed or done by regulation.  2012, c. 8, Sched. 21, s. 35.

Part VIII (omitted)

36 Omitted (provides for amendments to this Act).  2012, c. 8, Sched. 21, s. 36.

37 Omitted (amends, repeals or revokes other legislation).  2012, c. 8, Sched. 21, s. 37.

38 Omitted (provides for coming into force of provisions of this Act).  2012, c. 8, Sched. 21, s. 38.

39 Omitted (enacts short title of this Act).  2012, c. 8, Sched. 21, s. 39.

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