Bill 4, Legislative Assembly Statute Law Amendment Act, 1999

Sterling, Hon. Norman W. Minister of Intergovernmental Affairs

Versions

Bill 4

Bill 41999

An Act respecting the Legislative Assembly and its officers

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Audit Act

1. (1) Subsection 5 (1) of the Audit Act is amended by striking out "within the highest range of salaries paid to deputy ministers in the Ontario civil service" and substituting "to be fixed by the Lieutenant Governor in Council".

(2) Subsection 5 (2) of the Act is repealed and the following substituted:

Same

(2) The salary of the Auditor shall not be reduced except on the address of the Assembly.

Environmental Bill of Rights, 1993

2. Section 50 of the Environmental Bill of Rights, 1993 is repealed and the following substituted:

Salary

50. (1) The Environmental Commissioner shall be paid a salary to be fixed by the Lieutenant Governor in Council.

Same

(2) The salary of the Environmental Commissioner shall not be reduced except on the address of the Assembly.

Legislative Assembly Act

3. (1) Section 55 of the Legislative Assembly Act is repealed and the following substituted:

Quorum

55. (1) At least 12 members of the Assembly are necessary to constitute a quorum for the transaction of business, and for that purpose the Speaker shall be counted.

Constitutional amendment

(2) The re-enactment of this section by section 3 of the Legislative Assembly Statute Law Amendment Act, 1999 constitutes an amendment to the constitution of the Province of Ontario.

(2) Paragraphs 7, 9, 12 and 19 of subsection 62 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 6, section 8, are repealed and the following substituted:

7.Leader of a recognized party, except the Premier and the Leader of the Opposition, 35.7 per cent.

. . . . .

9.Chair of a recognized party, except the party from which the Government is chosen and the party recognized as the Official Opposition, 11.3 per cent.

. . . . .

12.House Leader of a recognized party, other than the party from which the Government is chosen and the party recognized as the Official Opposition, 15.6 per cent.

. . . . .

19.Chief Party Whip of a recognized party, other than the party from which the Government is chosen and the party recognized as the Official Opposition, 12.6 per cent.

(3) Section 62 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 6, section 8, is amended by adding the following subsection:

Definition

(5) In this section, "

recognized party" means a party that has a recognized membership of at least eight persons who are members of the Assembly.

(4) Paragraph 2 subsection 64 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 6, section 10, is repealed and the following substituted:

2.The leader of a recognized party within the meaning of subsection 62 (5), except the Premier and the Leader of the Opposition.

(5) Subsections 67 (6) and (7) of the Act are repealed and the following substituted:

Expenses, certain northern districts

(6) The Board of Internal Economy may authorize the payment of the following expenses to the member of the Assembly representing the electoral district of Algoma-Manitoulin, Kenora-Rainy River, Nickel Belt, Timiskaming-Cochrane, Timmins-James Bay, Thunder Bay-Atikokan or Thunder Bay-Nipigon:

1.The actual cost of transportation by airplane within the electoral district while the member is on business as a member of the Assembly, up to the annual limit established by the Board.

2.The actual cost of accommodation within the electoral district or an electoral district contiguous to it, while the member is on business as a member of the Assembly, up to the annual limit established by the Board.

3.All or part of the actual cost of accommodation within the electoral district, if the cost is incurred by the member due to unusual or special circumstances while he or she is on business as a member of the Assembly, up the annual limit established by the Board.

(6) Clause 67 (10.1) (d) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 6, section 13, is repealed and the following substituted:

(d)the leader of a recognized party within the meaning of subsection 62 (5), except the Premier and the Leader of the Opposition

(7) Section 67 of the Act, as amended by the Statutes of Ontario, 1996, chapter 6, section 13, is further amended by adding the following subsection:

Same

(10.3) The Board of Internal Economy may authorize different maximum amounts to be paid under subsection (10.2) to different members or classes of members.

(8) Clause 73 (a) of the Act is amended by striking out "the caucus of a party that has a recognized membership of twelve or more persons in the Assembly" and substituting "the caucus of a recognized party within the meaning of subsection 62 (5)".

(9) Clause 73 (b) of the Act is amended by striking out "the caucus of a party that has a recognized membership of twelve or more persons in the Assembly" and substituting "the caucus of a recognized party within the meaning of subsection 62 (5)".

(10) Clause 73 (d) of the Act is repealed and the following substituted:

(d)for the use of the caucus of a recognized party within the meaning of subsection 62 (5), other than the party from which the Government is chosen and the party recognized as the Official Opposition, for the purpose of defraying the cost of salaries and expenses of the personal staff of the Leader of the party, an amount appropriated therefor by the Legislature.

Ombudsman Act

4. (1) Subsection 4 (1) of the Ombudsman Act is amended by striking out "ten" in the third line and substituting "five".

Transition

(2) The term of office of the person who holds the office of Ombudsman on the day this Act receives Royal Assent is determined in accordance with the Ombudsman Act as it reads immediately before the day on which this Act receives Royal Assent.

Regulations Act

5. (1) Subsection 12 (1) of the Regulations Act is amended by striking out "a standing committee of the Assembly shall be appointed, to be known as the Standing Committee on Regulations" and substituting "a standing committee of the Assembly shall be appointed under this section".

(2) Subsection 12 (2) of the Act is amended by striking out "the Standing Committee on Regulations" and substituting "the standing committee".

(3) Subsection 12 (3) of the Act is amended by striking out "The Standing Committee on Regulations" and substituting "The standing committee".

(4) Subsection 12 (4) of the Act is amended by striking out "The Standing Committee on Regulations" and substituting "The standing committee".

(5) Subsection 12 (5) of the Act is amended by striking out "The Standing Committee on Regulations" and substituting "The standing committee".

Commencement and Short Title

Commencement

6. This Act comes into force on the day it receives Royal Assent.

Short title

7. The short title of this Act is the Legislative Assembly Statute Law Amendment Act, 1999.

[37] Bill 4 Original (PDF)

Bill 4

Bill 41999

An Act respecting the Legislative Assembly and its officers

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Audit Act

(2) Subsection 5 (2) of the Act is repealed and the following substituted:

Same

(2) The salary of the Auditor shall not be reduced except on the address of the Assembly.

Environmental Bill of Rights, 1993

2. Section 50 of the Environmental Bill of Rights, 1993 is repealed and the following substituted:

Salary

50. (1) The Environmental Commissioner shall be paid a salary to be fixed by the Lieutenant Governor in Council.

Same

(2) The salary of the Environmental Commissioner shall not be reduced except on the address of the Assembly.

Legislative Assembly Act

3. (1) Section 55 of the Legislative Assembly Act is repealed and the following substituted:

Quorum

55. (1) At least 12 members of the Assembly are necessary to constitute a quorum for the transaction of business, and for that purpose the Speaker shall be counted.

Constitutional amendment

(2) The re-enactment of this section by section 3 of the Legislative Assembly Statute Law Amendment Act, 1999 constitutes an amendment to the constitution of the Province of Ontario.

(2) Paragraphs 7, 9, 12 and 19 of subsection 62 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 6, section 8, are repealed and the following substituted:

7.Leader of a recognized party, except the Premier and the Leader of the Opposition, 35.7 per cent.

. . . . .

9.Chair of a recognized party, except the party from which the Government is chosen and the party recognized as the Official Opposition, 11.3 per cent.

. . . . .

12.House Leader of a recognized party, other than the party from which the Government is chosen and the party recognized as the Official Opposition, 15.6 per cent.

. . . . .

19.Chief Party Whip of a recognized party, other than the party from which the Government is chosen and the party recognized as the Official Opposition, 12.6 per cent.

(3) Section 62 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 6, section 8, is amended by adding the following subsection:

Definition

(5) In this section, "

recognized party" means a party that has a recognized membership of at least eight persons who are members of the Assembly.

(4) Paragraph 2 subsection 64 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 6, section 10, is repealed and the following substituted:

2.The leader of a recognized party within the meaning of subsection 62 (5), except the Premier and the Leader of the Opposition.

(5) Subsections 67 (6) and (7) of the Act are repealed and the following substituted:

Expenses, certain northern districts

1.The actual cost of transportation by airplane within the electoral district while the member is on business as a member of the Assembly, up to the annual limit established by the Board.

(6) Clause 67 (10.1) (d) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 6, section 13, is repealed and the following substituted:

(d)the leader of a recognized party within the meaning of subsection 62 (5), except the Premier and the Leader of the Opposition

(7) Section 67 of the Act, as amended by the Statutes of Ontario, 1996, chapter 6, section 13, is further amended by adding the following subsection:

Same

(10.3) The Board of Internal Economy may authorize different maximum amounts to be paid under subsection (10.2) to different members or classes of members.

(10) Clause 73 (d) of the Act is repealed and the following substituted:

Ombudsman Act

4. (1) Subsection 4 (1) of the Ombudsman Act is amended by striking out "ten" in the third line and substituting "five".

Transition

Regulations Act

(2) Subsection 12 (2) of the Act is amended by striking out "the Standing Committee on Regulations" and substituting "the standing committee".

(3) Subsection 12 (3) of the Act is amended by striking out "The Standing Committee on Regulations" and substituting "The standing committee".

(4) Subsection 12 (4) of the Act is amended by striking out "The Standing Committee on Regulations" and substituting "The standing committee".

(5) Subsection 12 (5) of the Act is amended by striking out "The Standing Committee on Regulations" and substituting "The standing committee".

Commencement and Short Title

Commencement

6. This Act comes into force on the day it receives Royal Assent.

Short title

7. The short title of this Act is the Legislative Assembly Statute Law Amendment Act, 1999.

EXPLANATORY NOTE

The Bill amends five statutes: the Audit Act, the Environmental Bill of Rights, 1993, the Legislative Assembly Act, the Ombudsman Act and the Regulations Act.

The salary range of the Public Auditor and the Environmental Commissioner is governed by the Audit Act and the Environmental Bill of Rights, 1993 respectively. Currently, they are entitled to be paid a salary within the range payable to deputy ministers. Amendments to these Acts authorize the Lieutenant Governor in Council to fix their salary. The amendments also specify that their salary cannot be reduced except on the address of the Assembly.

Currently, under the Ombudsman Act, the Ombudsman has a 10-year term of office. An amendment to that Act changes the term of office to five years. A transitional provision specifies that this amendment does not affect the term of office of the current Ombudsman.

An amendment to the Legislative Assembly Act changes the quorum in the Assembly from 20 members to 12. Amendments also reduce the number of MPPs that a party must have in order to be eligible for certain financial benefits under the Act. (Such a party is sometimes referred to as a "recognized party".) Currently, a recognized party must have at least 12 members. The amendment provides that a recognized party must have at least eight members.

Other amendments to the Legislative Assembly Act update the list of northern ridings whose MPPs are eligible for special travel and accommodation allowances. Changes are made to the powers of the Board of Internal Economy under section 67 of the Act to authorize payments for certain expenses.

The Regulations Act now specifies that the Assembly must establish and maintain a standing committee to be known as the Standing Committee on Regulations, whose duties are set out in the Act. Amendments delete the name of this committee from the Act.