Treasury Board Act, 1991

S.O. 1991, Chapter 14

Historical version for the period June 27, 2002 to December 15, 2004.

Amended by: 1997, c. 10, ss. 44, 45; 2002, c. 8, Sched. N.

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CONTENTS

Definitions

1. (1) In this Act,

“appropriation” includes the amount shown for a vote or item in the estimates or supplementary estimates presented to the Assembly; (“affectation de crédits”)

“ministry” means a ministry of the Government of Ontario and includes,

(a) a board, commission, authority, corporation without share capital, Crown agency or other body the majority of the members of any of which are appointed by the Crown, and

(b) a corporation with share capital in which the majority of shares entitled to vote are held by or for the Crown. (“ministère”)  1991, c. 14, s. 1 (1).

Idem

(2) A word or expression that is not defined in subsection (1) and that is defined in section 1 of the Financial Administration Act has the same meaning in this Act as in the Financial Administration Act.  1991, c. 14, s. 1 (2).

Treasury Board established

2. A committee of the Executive Council to be known in English as the Treasury Board and in French as Conseil du Trésor is hereby established.  1991, c. 14, s. 2.

Members

3. (1) The members of the Board are the Minister of Finance, the Chair of the Management Board of Cabinet and not fewer than four or more than eight other members appointed by the Lieutenant Governor in Council from among the members of the Executive Council.  1991, c. 14, s. 3 (1); 1997, c. 10, s. 44 (1).

Alternate members

(2) The Lieutenant Governor in Council may appoint from among the members of the Executive Council alternate members of the Board to act in the absence of Board members other than the Minister of Finance or the Chair of the Management Board of Cabinet.  1991, c. 14, s. 3 (2); 1997, c. 10, s. 44 (2).

Quorum

(3) Three members constitute a quorum of the Board.  1991, c. 14, s. 3 (3).

Chair and vice-chair

4. (1) The Lieutenant Governor in Council may designate the chair and vice-chair of the Board.  1991, c. 14, s. 4 (1).

Chair’s duties

(2) The chair shall preside at Board meetings, is responsible for its operation and administration and, between its meetings, shall exercise or perform such of its powers, duties and functions as the Board may authorize.  1991, c. 14, s. 4 (2).

Absence of chair or vice-chair

(3) When the chair is absent from a meeting of the Board, the vice-chair shall preside, and when both are absent, the members present at the meeting shall elect a chair for the meeting.  1991, c. 14, s. 4 (3).

Procedure

5. (1) The Board may determine its rules and methods of procedure and shall keep records of its decisions and proceedings.  1991, c. 14, s. 5 (1).

Operation of board

(2) Subject to the direction of the chair of the Board, the Secretary of the Management Board of Cabinet, or such other officer of the public service as is designated by order of the Lieutenant Governor in Council, is responsible for the operation of the Board in accordance with its policies and procedures.  1991, c. 14, s. 5 (2); 1997, c. 10, s. 45 (1).

Board staff

(3) The secretariat of the Management Board of Cabinet shall provide the staff required for the operation and administration of the Board.  1997, c. 10, s. 45 (2).

Delegation

(4) The Board may delegate to any member of the Executive Council or to any person employed in the public service of Ontario any power, duty or function of the Board, subject to such limitations and requirements as the Board may specify.  1997, c. 10, s. 45 (2).

Powers and duties

6. (1) The powers and duties of the Board are,

(a) to assess the adequacy of plans for the implementation of programs approved or provided for by the Legislature;

(b) to direct the preparation and review of forecasts, estimates and analyses of short term and long term expenditures and expenditure commitments and other data pertaining to authorized or proposed programs of any ministry;

(c) to direct, and establish policies for, the preparation, form and content of estimates and supplementary estimates submitted to the Legislature for any ministry;

(d) to determine fees or charges for the provision of services by any ministry or for the use of the facilities of a ministry and to require the ministry to take such action as is necessary to implement the determination;

(e) to review and evaluate new and existing programs of any ministry and determine priorities with respect thereto;

(f) to control expenditures of public money within the amounts appropriated or otherwise provided by the Legislature; and

(g) to carry out or perform any directions or responsibilities given to the Board by the Executive Council.  1991, c. 14, s. 6 (1).

Direction by Executive Council

(2) The Board is subject to the direction of the Executive Council, which may amend or revoke any action of the Board.  1991, c. 14, s. 6 (2).

Directives

(3) The Board may issue such financial and administrative directives as it considers necessary in the performance of its duties.  1991, c. 14, s. 6 (3).

Production of documents

(4) A ministry shall give the Board access to, and copies of, any account, return, statement, document, report or information in the possession or control of the ministry when the Board requires the account, statement, document, report or information for the performance of its duties.  1991, c. 14, s. 6 (4).

Special warrants

7. (1) When the Legislature is not in session and a matter arises that requires the expenditure of money for which there is no appropriation by the Legislature, the Lieutenant Governor in Council, upon the report of the Board estimating the amount required for the expenditure, may order a special warrant to be prepared to be signed by the Lieutenant Governor authorizing the payment of the amount estimated to be required for the expenditure, and the amount shall be paid from the Consolidated Revenue Fund as specified in the special warrant.  1991, c. 14, s. 7 (1).

Warrant an appropriation

(2) Subject to subsection (3), a special warrant is an appropriation for the fiscal year in which it is issued.  1991, c. 14, s. 7 (2).

Idem

(3) A special warrant issued in March of one fiscal year may provide that it applies with respect to the next fiscal year and it is an appropriation in that next fiscal year.  1991, c. 14, s. 7 (3).

Application

(4) This section applies only in respect of fiscal years commencing before April 1, 2003.  2002, c. 8, Sched. N, s. 1.

Special warrants, after the 2002-2003 fiscal year

7.1 (1) If the Legislature is not in session and a matter arises that requires the incurring of expenditures for which there is no appropriation by the Legislature or for which the appropriation is insufficient, the Lieutenant Governor in Council, upon the report of the Board estimating the amount required for the expenditure, may order a special warrant to be prepared and to be signed by the Lieutenant Governor, authorizing the incurring of expenditures in the amount estimated to be required, and the amount shall be incurred as specified in the special warrant.  2002, c. 8, Sched. N, s. 2.

Where appropriation exists

(2) Subject to subsection (4), if a special warrant is issued with respect to an expenditure for which there is an appropriation, the amount provided by the special warrant shall be added to and shall be deemed to be part of the appropriation for the fiscal year in which the special warrant is issued.  2002, c. 8, Sched. N, s. 2.

Where no appropriation exists

(3) Subject to subsection (4), if a special warrant is issued with respect to an expenditure for which there is no appropriation, the amount provided by the special warrant shall be deemed to be an appropriation for the fiscal year in which the special warrant is issued.  2002, c. 8, Sched. N, s. 2.

Warrant may apply to next fiscal year

(4) A special warrant issued in a fiscal year may provide that it applies with respect to the next fiscal year and it is an appropriation for that next fiscal year.  2002, c. 8, Sched. N, s. 2.

Application

(5) This section applies only in respect of a fiscal year commencing on or after April 1, 2003.  2002, c. 8, Sched. N, s. 2.

Board orders

8. (1) The Board may by order authorize payments to supplement the amount of any appropriation when the amount provided in the appropriation is insufficient to carry out the purpose for which the appropriation was made.  1991, c. 14, s. 8 (1).

Idem

(2) An order under subsection (1) shall provide that the amount of the payments be offset by limiting the expenditures to be made under any appropriation for the same fiscal year that is not exhausted or that, in the opinion of the Board, is unlikely to be fully spent in the fiscal year.  1991, c. 14, s. 8 (2).

Report required

(3) An order may be made under subsection (1) only if the Board has received from the ministry responsible for the program to which the proposed supplementary appropriation relates, or from a person or officer prescribed by the regulations made under this Act, a report in writing setting out the necessity for further payments and the reason why the appropriation, unless supplemented, is insufficient.  1991, c. 14, s. 8 (3).

Timing

(4) An order under subsection (1) may be made at any time before the 1st day of May following the end of the fiscal year for which the appropriation that is supplemented was made.  1991, c. 14, s. 8 (4).

Application

(5) This section applies only in respect of fiscal years commencing before April 1, 2003.  2002, c. 8, Sched. N, s. 3.

Board orders after the 2002-2003 fiscal year

8.1 (1) Despite section 11.2 of the Financial Administration Act, the Board may by order authorize expenditures to supplement the amount of any appropriation for a fiscal year if the amount provided in the appropriation is insufficient to carry out the purpose for which the appropriation was made.  2002, c. 8, Sched. N, s. 4.

Expenditures to be offset by limit on other appropriation

(2) An order under subsection (1) shall provide that the amount of the expenditures be offset by reducing the amount of the expenditures to be incurred under any appropriation for the same fiscal year that is not exhausted or that, in the opinion of the Board, is unlikely to be fully exhausted in the fiscal year.  2002, c. 8, Sched. N, s. 4.

Report required

(3) An order may be made under subsection (1) only if the Board has received from the ministry responsible for the program to which the proposed supplementary appropriation relates, or from a person or officer prescribed by the regulations made under this Act, a report in writing setting out the necessity for further expenditures and the reason why the appropriation, unless supplemented, is insufficient.  2002, c. 8, Sched. N, s. 4.

Timing

(4) An order under subsection (1) may be made at any time before the books of the Government of Ontario for the fiscal year are closed.  2002, c. 8, Sched. N, s. 4.

Application

(5) This section applies only in respect of fiscal years commencing on or after April 1, 2003.  2002, c. 8, Sched. N, s. 4.

Expenditure transfer

9. (1) When powers and duties are assigned and transferred from one minister of the Crown to another, the Board may transfer to the ministry administered by the minister to whom the powers and duties are assigned and transferred the appropriate sums in the votes and items of the estimates and supplementary estimates for the expenditures in the fiscal year for the exercise and performance of those powers and duties.  1991, c. 14, s. 9 (1).

Certificate of Board

(2) The Board shall issue to the ministry of the minister to whom powers and duties are assigned and transferred a certificate stating the amount of the sums transferred under subsection (1) and such other information as the Board considers necessary.  1991, c. 14, s. 9 (2).

Expenditures authorized

(3) A certificate is effective from the date stated in it and transfers to the ministry to which it is issued the authority for the portion of the fiscal year beginning with that date to make the expenditure of the sums transferred.  1991, c. 14, s. 9 (3).

Regulations

10. Subject to the approval of the Lieutenant Governor in Council, the Board may make regulations,

(a) respecting the accounting for, and the collection, management and administration of, public money;

(b) respecting the retention and disposal of records concerning the receipt or disbursement of public money;

(c) providing that a board, commission, authority, corporation, Crown agency or other body does not fall within the definition of “ministry” set out in section 1;

(d) designating the Speaker of the Assembly, the chair of the Board of Internal Economy established under the Legislative Assembly Act, or any member of the Executive Council to represent, for the purposes of sections 7 and 8, any office or body reporting directly to the Assembly.  1991, c. 14, s. 10.

11. Omitted (amends or repeals other Acts).  1991, c. 14, s. 11.

12. Omitted (provides for coming into force of provisions of this Act).  1991, c. 14, s. 12.

13. Omitted (enacts short title of this Act).  1991, c. 14, s. 13.