Executive Council Act, R.S.O. 1990, c. E.25

Executive Council Act

R.S.O. 1990, CHAPTER E.25

Historical version for the period December 16, 2004 to June 21, 2006.

Amended by: 1996, c. 6, ss. 20, 21; 2001, c. 9, Sched. D, s. 13; 2002, c. 34, Sched. B, s. 1; 2004, c. 25.

Executive Council, how composed

1. The Executive Council shall be composed of such persons as the Lieutenant Governor from time to time appoints, and all executive councillors so appointed are ministers of the Crown, and rank among themselves in the order of their appointments. R.S.O. 1990, c. E.25, s. 1.

Portfolios

2. (1) The Lieutenant Governor may appoint under the Great Seal from among the ministers of the Crown the following ministers to hold office during pleasure:

Premier and President of the Council

Deputy Premier

Attorney General

Chair of the Management Board of Cabinet

Minister of Agriculture and Food

Minister of Citizenship

Minister of Colleges and Universities

Minister of Community and Social Services

Minister of Consumer and Business Services

Minister of Correctional Services

Minister of Culture and Communications

Minister of Education

Minister of Energy

Minister of the Environment

Minister of Financial Institutions

Minister of Government Services

Minister of Health

Minister of Housing

Minister of Industry, Trade and Technology

Minister of Intergovernmental Affairs

Minister of Labour

Minister of Mines

Minister of Municipal Affairs

Minister of Natural Resources

Minister of Northern Development

Minister of Revenue

Minister of Skills Development

Minister of Tourism and Recreation

Minister of Transportation

Solicitor General

Treasurer of Ontario and Minister of Economics,

and such other ministers as are provided for under any Act or as the Lieutenant Governor sees fit to appoint. R.S.O. 1990, c. E.25, s. 2 (1); 2001, c. 9, Sched. D, s. 13.

Idem

(2) The Lieutenant Governor may by order in council prescribe the duties of the ministers of the Crown and the duties of any ministries over which they preside, and of the public servants under their jurisdiction. R.S.O. 1990, c. E.25, s. 2 (2).

Parliamentary Assistants

(3) The Lieutenant Governor in Council may appoint such Parliamentary Assistants to assist such ministers of the Crown as the Lieutenant Governor in Council considers advisable and may prescribe their duties. R.S.O. 1990, c. E.25, s. 2 (3).

Salaries

3. (1) The annual salary of every minister with portfolio is 42.3 per cent of the annual salary of a member of the Assembly. 1996, c. 6, s. 20.

Premier

(2) The Premier and President of the Council shall receive, in addition, 37 per cent of the annual salary of a member of the Assembly. 1996, c. 6, s. 20.

Minister without portfolio

(3) The annual salary of every minister without portfolio is 19.2 per cent of the annual salary of a member of the Assembly. 1996, c. 6, s. 20.

Parliamentary Assistant

(4) The annual salary of every Parliamentary Assistant is 14.3 per cent of the annual salary of a member of the Assembly. 1996, c. 6, s. 20.

Interpretation

(4.1) For the purposes of this section, the annual salary of a member of the Assembly is the amount set out in subsection 61 (1) of the Legislative Assembly Act. 1996, c. 6, s. 20.

How payable

(5) The salaries are chargeable upon and payable yearly and proportionately for any period less than a year out of the Consolidated Revenue Fund. R.S.O. 1990, c. E.25, s. 3 (5).

Cost of accommodation in Toronto

4. (1) Subject to subsection (2), every minister of the Crown whose principal residence is more than 50 kilometers from the seat of government in Toronto shall be paid the actual cost of his or her accommodation within Toronto. 1996, c. 6, s. 21.

Same

(1.1) The maximum annual allowance for accommodation under subsection (1) is $1,000 more than the amount determined by the Board of Internal Economy under subsection 67 (10) of the Legislative Assembly Act for a particular year. 1996, c. 6, s. 21.

(2) Repealed: 2002, c. 34, Sched. B, s. 1.

Transfer of duties from one member of Council to another

5. (1) Despite the Legislative Assembly Act, any of the powers and duties that have been heretofore or may be hereafter assigned by law to any minister of the Crown may from time to time by order in council be assigned and transferred either for a limited period or otherwise to any other minister by name or otherwise. R.S.O. 1990, c. E.25, s. 5 (1).

Minister acting upon request

(2) On request made to him or her by the minister to whom any duties and powers have been assigned as provided in subsection (1), any other minister may for a period not exceeding one week perform such duties and exercise such powers in place of the minister making the request, and in such case no order in council is necessary. R.S.O. 1990, c. E.25, s. 5 (2).

Minister without portfolio may act

(3) Where any such duties and powers are assigned to a minister without portfolio, he or she does not thereby become ineligible as a member of the Assembly or to sit or vote therein. R.S.O. 1990, c. E.25, s. 5 (3).

Execution of contracts with Crown

6. No deed or contract in respect of any matter under the control or direction of a minister is binding on Her Majesty or shall be deemed to be the act of such minister unless it is signed by the minister or is approved by the Lieutenant Governor in Council. R.S.O. 1990, c. E.25, s. 6.

Ministers, attendance at Question Period

7. (1) Every minister of the Crown is required to attend in the Chamber during the period set aside for Oral Questions on at least two-thirds of the days on which the House holds Routine Proceedings. 2004, c. 25, s. 1.

Certain absences

(2) A day on which a minister is absent from the Chamber is not counted as an absence for the purpose of this section if the Premier is of the opinion that the absence is justified because of illness, bereavement, a religious holiday or some similar reason. 2004, c. 25, s. 1.

Same

(3) A day on which a minister is absent from the Chamber during part but not all of the period set aside for Oral Questions is not counted as an absence for the purpose of this section if the Premier is of the opinion that the absence is permissible. 2004, c. 25, s. 1.

Status report

(4) Promptly after the end of every session, the Premier shall prepare and publish a status report that shows, with respect to each minister and for the entire session, the minister’s attendance in the Chamber during the period set aside for Oral Questions. 2004, c. 25, s. 1.

Assessment and collection of penalties

(5) When the Legislature is dissolved by the Lieutenant Governor, the Premier shall, with respect to each minister,

(a) determine, in accordance with this section,

(i) the number of days during the term of the Legislature on which the minister was required to attend in the Chamber during the period set aside for Oral Questions, and

(ii) the number of days, if any, on which the minister did not attend as required; and

(b) if a number is determined under subclause (a) (ii),

(i) assess the minister an amount that is equal to $500 multiplied by the number, and

(ii) verify that the minister promptly pays the assessed amount into the Consolidated Revenue Fund. 2004, c. 25, s. 1.

Delegation of Premier’s functions

(6) The Premier may, in writing, delegate his or her functions under subsections (1) to (5) to another member of the Assembly. 2004, c. 25, s. 1.

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