Bill 37, Executive Council Amendment Act, 2003

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Bill 37 2003

An Act to amend the
Executive Council Act

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

1. The Executive Council Act is amended by adding the following section:

Ministers must answer questions

7. (1) Every minister of the Crown is required to answer in good faith a question that is put to him or her by a member of the Assembly during the period set aside for Oral Questions or in writing.

Includes question referred to minister

(2) For greater certainty, but without limiting the generality of subsection (1), a question for the purposes of this section includes a question that is referred to a minister by another minister under the Standing Orders of the Assembly.

Member may request review of answer

(3) A member who put a question to a minister and believes that the minister did not answer the question in good faith may, promptly after receiving the answer, request the Speaker to review the answer and determine whether, in the Speaker's opinion, the minister has fulfilled his or her obligations under subsection (1).

Member's responsibilities

(4) Every member must exercise his or her right to make a request under subsection (3) in a fair and reasonable manner.

Speaker may disallow requests

(5) If, in the Speaker's opinion, a member has not fulfilled his or her responsibilities under subsection (4), the Speaker may disallow the request and prohibit the member from making any requests under this section for the remainder of the Legislature.

Speaker to make determination

(6) The Speaker shall make a determination for every request made by a member that has not been disallowed.

Determination to be communicated

(7) The Speaker shall advise the member who made the request, the other members of the Assembly, the minister involved and the public, in such manner as he or she considers appropriate, of a determination made under subsection (6).

Penalty

(8) Every minister who the Speaker determines did not answer a question in good faith is assessed $500.

Same

(9) Every Minister who is assessed an amount under subsection (8) shall promptly pay that amount into the Consolidated Revenue Fund.

Conflict

(10) In the event of a conflict between this Act and the Standing Orders of the Assembly, this Act prevails.

Commencement

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

Short title

3. The short title of this Act is the Executive Council Amendment Act, 2003.

EXPLANATORY NOTE

The Bill amends the Executive Council Act to require ministers of the Crown to answer, in good faith, questions put to them by members of the Assembly. A member who believes that a minister did not answer a question in good faith posed by him or her has the right to request the Speaker to determine whether the answer was given in good faith. The right to make such requests must be exercised in a fair and reasonable manner.

Every minister is penalized $500 for every question that the Speaker determines was not answered by him or her in good faith.