Ontario Place Corporation Act, R.S.O. 1990, c. O.34

Ontario Place Corporation Act

R.S.O. 1990, Chapter O.34

Historical version for the period November 14, 2017 to December 13, 2017.

Last amendment: 2017, c. 20, Sched. 8, s. 116.

Legislative History: 1997, c. 36, s. 2; 2004, c. 17, s. 32; 2006, c. 35, Sched. C, s. 104; 2009, c. 33, Sched. 24, s. 4; 2017, c. 2, Sched. 16; 2017, c. 20, Sched. 8, s. 116.

Definitions

1 In this Act,

“Board” means the board of directors of the Corporation; (“conseil”)

“Corporation” means Ontario Place Corporation; (“Société”)

“Minister” means the Minister of Tourism, Culture and Sport or such other member of the Executive Council to whom responsibility for the administration of the Act may be assigned or transferred under the Executive Council Act. (“ministre”)  R.S.O. 1990, c. O.34, s. 1; 2017, c. 2, Sched. 16, s. 1.

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

2017, c. 2, Sched. 16, s. 1 - 22/03/2017

Administration of Act

2 The Minister is responsible for the administration of this Act.  R.S.O. 1990, c. O.34, s. 2.

Ontario Place Corporation continued

3 (1) Ontario Place Corporation is continued as a corporation without share capital under the name Ontario Place Corporation in English and Société d’exploitation de la Place de l’Ontario in French.  R.S.O. 1990, c. O.34, s. 3 (1).

Composition

(2) The Corporation shall consist of not fewer than seven and not more than 13 members appointed by the Lieutenant Governor in Council of whom one shall be a director of the Canadian National Exhibition Association.  2009, c. 33, Sched. 24, s. 4 (1).

Remuneration of members

(3) The members shall be paid such remuneration as is fixed by the Lieutenant Governor in Council.  R.S.O. 1990, c. O.34, s. 3 (3).

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

2009, c. 33, Sched. 24, s. 4 (1) - 15/12/2009

Board of directors

4 (1) The members of the Corporation for the time being form and are its board of directors.  R.S.O. 1990, c. O.34, s. 4 (1).

Chair, vice-chair

(2) The Lieutenant Governor in Council shall designate one of the members to be chair of the Board and may designate one of the members to be vice-chair of the Board.  R.S.O. 1990, c. O.34, s. 4 (2).

Acting chair

(3) In case of the absence or illness of the chair or of a vacancy in the office of chair, the vice-chair or, if none, such director as the Board designates for such purpose shall act as the chair and shall have all the powers and perform all the duties of the chair.  R.S.O. 1990, c. O.34, s. 4 (3).

Quorum

(4) A majority of the directors shall constitute a quorum of the Board.  R.S.O. 1990, c. O.34, s. 4 (4).

Non-application

5 The Corporations Act does not apply to the Corporation.  R.S.O. 1990, c. O.34, s. 5.

Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, section 5 of the Act is repealed and the following substituted: (See: 2017, c. 20, Sched. 8, s. 116 (1))

Not-for-Profit Corporations Act, 2010

5 The Not-for-Profit Corporations Act, 2010 does not apply to the Corporation, except as prescribed by regulation under section 10.1. 2017, c. 20, Sched. 8, s. 116 (1).

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

2017, c. 20, Sched. 8, s. 116 (1) - not in force

Management of Corporation

6 The affairs of the Corporation are under the management and control of the Board, and the chair shall preside at all meetings of the Board.  R.S.O. 1990, c. O.34, s. 6.

Officers and employees

7 (1) Such officers and employees as are considered necessary for the proper conduct of the business of the Corporation may be appointed under Part III of the Public Service of Ontario Act, 2006.  2006, c. 35, Sched. C, s. 104.

Pension plan

(2) The Corporation shall be deemed to have been designated by the Lieutenant Governor in Council under the Public Service Pension Act as an organization whose permanent and full-time probationary employees are required to be members of the Public Service Pension Plan.  R.S.O. 1990, c. O.34, s. 7 (2).

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

2006, c. 35, Sched. C, s. 104 - 20/08/2007

Objects

8 The objects of the Corporation are,

(a) to operate Ontario Place for recreational, cultural, entertainment, educational, research, commercial, exhibition or public purposes;

(b) to develop projects and programs designed to provide the people of Ontario with a greater appreciation of the Province and its accomplishments and potential, and to provide talented artists in the Province with the opportunity to exhibit their works and their abilities;

(c) to develop special programs from time to time considered to be worthwhile to enhance the image of the Province and to co-ordinate activities with the Canadian National Exhibition at times when that exhibition is in operation; and

(d) to do such other things as the Minister may require from time to time and to advise the Minister on projects and programs of general advantage to the Province.  R.S.O. 1990, c. O.34, s. 8; 2017, c. 2, Sched. 16, s. 2.

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

2017, c. 2, Sched. 16, s. 2 - 22/03/2017

General powers and duties

9 (1) It is the duty of the Corporation to develop, control, manage, operate and maintain Ontario Place and for the purposes of carrying out such duty the Corporation has power,

(a) to make such by-laws, rules and orders as may be considered expedient for the constitution of the Corporation and the administration and management of its affairs and the conduct of its business;

(b) to develop, acquire, construct, operate, maintain and generally manage and provide,

(i) recreational, cultural, entertainment, educational, research, commercial, exhibition or public facilities,

(ii) activities, programs, restaurants, theatres or shops, and

(iii) any other facilities or conveniences incidental to or necessary for the proper operation and maintenance of Ontario Place;

(c) to make agreements with persons with respect to the establishment or operation by them of any works or services in connection with Ontario Place;

(d) to receive and take from any person by grant, gift, devise, bequest or otherwise any property, real or personal or any interest therein;

(e) to establish fees, subject to the approval of the Deputy Minister, for entrance into Ontario Place and in connection with any service or facility provided in Ontario Place.  R.S.O. 1990, c. O.34, s. 9 (1); 1997, c. 36, s. 2 (1); 2009, c. 33, Sched. 24, s. 4 (2); 2017, c. 2, Sched. 16, s. 3 (1).

Transfer of assets

(2) Subject to the approval of the Lieutenant Governor in Council, such property of the Crown in right of Ontario as is considered necessary or advisable for the purpose of carrying out its objects may be transferred to and vested in the Corporation for such purpose.  R.S.O. 1990, c. O.34, s. 9 (2).

Acquisition and disposal of land, etc.

(3) Subject to the approval of the Lieutenant Governor in Council, the Corporation may,

(a) acquire land, buildings and structures, or any interest in land, buildings and structures, by purchase, lease or otherwise; and

(b) dispose of land, buildings and structures, or any interest in land, buildings and structures, by sale, lease or otherwise. 2017, c. 2, Sched. 16, s. 3 (2).

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

1997, c. 36, s. 2 (1) - 01/06/1998

2009, c. 33, Sched. 24, s. 4 (2) - 15/12/2009

2017, c. 2, Sched. 16, s. 3 (1, 2) - 22/03/2017

Regulations

10 The Corporation, with the approval of the Lieutenant Governor in Council, may make regulations,

(a) regulating and governing the use by the public of Ontario Place and the works and things under the jurisdiction of the Corporation;

(b) providing for the protection and preservation from damage of the property of the Corporation.  R.S.O. 1990, c. O.34, s. 10; 1997, c. 36, s. 2 (2).

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

1997, c. 36, s. 2 (2) - 01/06/1998

Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, the Act is amended by adding the following section: (See: 2017, c. 20, Sched. 8, s. 116 (2))

Regulations, additional

10.1 The Lieutenant Governor in Council may make regulations prescribing provisions of the Not-for-Profit Corporations Act, 2010 that apply to the Corporation. 2017, c. 20, Sched. 8, s. 116 (2).

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

2017, c. 20, Sched. 8, s. 116 (2) - not in force

Revenue

11 The property and the income, revenues and profits of the Corporation shall be applied solely to promote the objects of the Corporation.  R.S.O. 1990, c. O.34, s. 11.

Grants and loans

12 The Minister may, make grants or loans to the Corporation at such times, in such amounts and upon such terms and conditions as he or she considers advisable.  R.S.O. 1990, c. O.34, s. 12.

Audit

13 The accounts and financial transactions of the Corporation shall be audited annually by the Auditor General.  R.S.O. 1990, c. O.34, s. 13; 2004, c. 17, s. 32.

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

2004, c. 17, s. 32 - 30/11/2004

Annual report

14 (1) The Corporation shall make a report annually to the Minister upon the affairs of the Corporation, and the Minister shall submit the report to the Lieutenant Governor in Council 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. O.34, s. 14 (1).

Reports

(2) The Corporation shall make such further reports to the Minister as the Minister may from time to time require.  R.S.O. 1990, c. O.34, s. 14 (2).

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