Bill 101 2003
An Act to amend the
Cabinet Ministers' and
Opposition Leaders'
Expenses Review and
Accountability Act, 2002 and
the Freedom of Information
and Protection of Privacy Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 1 of the Cabinet Ministers' and Opposition Leaders' Expenses Review and Accountability Act, 2002 is amended by adding the following definition:
"Crown agency" means a Crown agency within the meaning of the Crown Agency Act; ("oganisme de la Couronne")
2. Section 2 of the Act is repealed and the following substituted:
Reviewable expenses of Cabinet ministers, etc.
2. (1) An expense of a Cabinet minister or a person employed in his or her office is a reviewable expense under this Act if the expense was incurred in the performance of a ministerial duty or function and,
(a) a claim was made for payment of the expense from the Consolidated Revenue Fund; or
(b) a Crown agency paid for the expense.
Same, parliamentary assistants and staff
(2) An expense of a parliamentary assistant or a person employed in his or her office is a reviewable expense under this Act if the expense was incurred in the performance of a ministerial duty or function, or in the performance of a duty or function of a parliamentary assistant and,
(a) a claim was made for payment of the expense from the Consolidated Revenue Fund; or
(b) a Crown agency paid for the expense.
3. Subsection 8 (1) of the Act is repealed and the following substituted:
Duty to give copies to the Commissioner
Cabinet ministers and parliamentary assistants
(1) On or before April 30 each year, the Chair of the Management Board of Cabinet shall give the Integrity Commissioner a copy of all expense claims made for reviewable expenses incurred during the previous fiscal year by Cabinet ministers, parliamentary assistants and the persons employed in their offices.
Indicating whether expenses paid
(1.1) In providing a copy of the expense claims under subsection (1), the Chair of the Management Board of Cabinet shall indicate,
(a) whether an expense claim was paid, in whole or in part, from the Consolidated Revenue Fund or was refused, in whole or in part; or
(b) whether an expense was paid, in whole or in part, by a Crown agency or was refused, in whole or in part.
4. Clause 9 (2) (a) of the Act is amended by striking out "the Consolidated Revenue Fund or the Legislative Assembly Fund" and substituting "the Consolidated Revenue Fund, the Crown agency or the Legislative Assembly Fund".
5. (1) Subsection 1.1 (1) of the Freedom of Information and Protection of Privacy Act, as enacted by the Statutes of Ontario, 2002, chapter 34, Schedule B, section 2, is repealed and the following substituted:
Limited application re reviewable expenses
(1) This Act applies,
(a) to the Assembly, only in respect of records of reviewable expenses of the Opposition leaders and the persons employed in their offices and in respect of the personal information contained in those records; and
(b) to all Crown agencies, whether or not the Crown agency is listed as an institution in the regulations under this Act, in respect of records of reviewable expenses of Cabinet ministers and the persons employed in their offices and in respect of the personal information contained in those records.
(2) Section 1.1 of the Act, as enacted by the Statutes of Ontario, 2002, chapter 34, Schedule B, section 2, is amended by adding the following subsection:
Crown agencies
(2.1) If clause (1) (b) applies to a Crown agency that is not listed as an institution in the regulations under this Act, the head of the institution is deemed to be the Chair of the Management Board of Cabinet.
(3) Subsection 1.1 (3) of the Act, as enacted by the Statutes of Ontario, 2002, chapter 34, Schedule B, section 2, is amended by adding the following definition:
"Crown agency" means a Crown agency within the meaning of the Crown Agency Act; ("organisme de la Couronne")
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 Cabinet Ministers' and Opposition Leaders' Expenses Review and Accountability Statute Law Amendment Act, 2003.
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EXPLANATORY NOTE
The Bill amends the Cabinet Ministers' and Opposition Leaders' Expenses Review and Accountability Act, 2002 by treating expenses paid by Crown agencies as reviewable expenses under the Act.