Ministry of Energy Act, R.S.O. 1990, c. M.23, Ministry of Energy Act
Ministry of Energy Act
R.S.O. 1990, CHAPTER M.23
Historical version for the period December 20, 2006 to August 19, 2007.
Last amendment: 2006, c. 35, Sched. C, s. 73.
Definitions
1. In this Act,
“Deputy Minister” means the Deputy Minister of Energy; (“sous-ministre”)
“Minister” means the Minister of Energy; (“ministre”)
“Ministry” means the Ministry of Energy. (“ministère”) R.S.O. 1990, c. M.23, s. 1.
Ministry continued
2. The Ministry of the public service known in English as the Ministry of Energy and in French as ministère de l’Énergie is continued. R.S.O. 1990, c. M.23, s. 2.
Minister to have charge
3. The Minister shall preside over and have charge of the Ministry. R.S.O. 1990, c. M.23, s. 3.
Duties of Minister of Energy
4. The Minister is responsible for the administration of this Act, any Acts that are assigned to him or her by the Legislature or by the Lieutenant Governor in Council and the Electricity Act, 1998 and the Ontario Energy Board Act, 1998. R.S.O. 1990, c. M.23, s. 4; 1998, c. 15, Sched. E, s. 18.
Deputy Minister of Energy
5. (1) The Lieutenant Governor in Council shall appoint a Deputy Minister of Energy who shall be the deputy head of the Ministry. R.S.O. 1990, c. M.23, s. 5 (1).
Employees
(2) Such employees as are required from time to time for the proper conduct of the business of the Ministry may be appointed under the Public Service Act. R.S.O. 1990, c. M.23, s. 5 (2).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2006, chapter 35, Schedule C, section 73 by striking out “the Public Service Act” at the end and substituting “Part III of the Public Service of Ontario Act, 2006”. See: 2006, c. 35, Sched. C, ss. 73, 137 (1).
Protection from personal liability
(3) No action or other proceeding for damages shall be instituted against the Deputy Minister or any officer or employee of the Ministry or anyone acting under his or her authority for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of his or her duty. R.S.O. 1990, c. M.23, s. 5 (3).
Liability of Crown
(4) Subsection (3) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (3) to which it would otherwise be subject and the Crown is liable under that Act for any such tort in a like manner as if subsection (3) had not been enacted. R.S.O. 1990, c. M.23, s. 5 (4).
Money required by Ministry
6. The expenditures of the Ministry shall be paid out of money appropriated therefor by the Legislature. R.S.O. 1990, c. M.23, s. 6.
Seal
7. (1) The Lieutenant Governor in Council may authorize a seal for the Ministry. R.S.O. 1990, c. M.23, s. 7 (1).
Idem
(2) The seal may be reproduced by engraving, lithographing, printing or other method of mechanical reproduction and when so reproduced has the same effect as if manually affixed. R.S.O. 1990, c. M.23, s. 7 (2).
Objectives of Minister
8. (1) The Minister or the Deputy Minister, subject to the direction and control of the Minister, shall,
(a) review energy matters on a continuing basis with regard to both short-term and long-term goals in relation to the energy needs of the Province of Ontario;
(b) advise and assist the Government of Ontario in its dealings with other governments regarding energy matters;
(c) make recommendations for the effective co-ordination of all energy matters within the Government of Ontario with a view to ensuring the consistent application of policy in every area of concern regarding energy and, despite the generality of the foregoing, with respect to adequacy of supplies, prices, franchises and the development of energy resources indigenous to Ontario;
(d) make recommendations regarding priorities for and the development of research in all aspects of energy of significance to Ontario, including the conservation of energy and the improvement of efficiency in its production and utilization and the development of new energy sources; and
(e) do any one or more of encouraging, promoting, developing or participating in such activities, projects and programs as the Minister considers appropriate,
(i) to increase the availability of energy in Ontario,
(ii) to stimulate the search for and development of sources of energy, including those that utilize waste and those that are renewable, as alternatives to the sources of energy available for use in Ontario, and
(iii) to encourage prudence in the use of energy in Ontario. R.S.O. 1990, c. M.23, s. 8 (1).
Authority of Minister
(2) The Minister or, subject to the direction and control of the Minister, the Deputy Minister may, in respect of any matter for which the Minister has responsibility under this or any other Act,
(a) undertake research;
(b) do any one or more of promoting, commissioning or participating in research, experiments, feasibility studies, pilot or demonstration projects, testing activities and evaluations;
(c) develop and co-ordinate plans and programs;
(d) promote and engage in the dissemination of information;
(e) enter into agreements for and in the name of the Crown;
(f) make grants and, subject to the approval of the Lieutenant Governor in Council, make loans. R.S.O. 1990, c. M.23, s. 8 (2).
Accounting statement related to financial assistance
9. The Minister may require a person or an organization that has received financial assistance under this Act to submit to the Minister a statement prepared by an individual licensed under the Public Accounting Act, 2004 that sets out the details of the disposition of the financial assistance by the person or organization. R.S.O. 1990, c. M.23, s. 9; 2004, c. 8, s. 46.
Delegation of powers and duties
10. (1) Where, under this or any other Act, a power or duty is granted to or vested in the Minister, he or she may in writing delegate that power or duty to the Deputy Minister, or to any officer or officers of the Ministry, subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the delegation. R.S.O. 1990, c. M.23, s. 10 (1).
Effect of contract
(2) Despite the Executive Council Act, a contract made by a person empowered to do so by a delegation under subsection (1) has the same effect as if made and signed by the Minister. R.S.O. 1990, c. M.23, s. 10 (2).
Advisory committees
11. Subject to the approval of the Lieutenant Governor in Council, the Minister may establish advisory committees to the Minister and sub-committees thereto, appoint the chairs and members of such committees and sub-committees, fix the terms of reference of such committees and sub-committees and fix the remuneration and expenses of the chairs and members of such committees and sub-committees. R.S.O. 1990, c. M.23, s. 11.
Annual report
12. The Minister after the close of each year shall submit to the Lieutenant Governor in Council an annual report upon the affairs of the Ministry and shall then lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. M.23, s. 12.
