Bill 168 2011

An Act to provide for performance reviews of agencies, boards and commissions by the Assembly

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

Legislative committee

   1.  (1)  A select or standing committee of the Assembly shall be appointed to conduct performance reviews of agencies, boards and commissions in accordance with this Act.

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   (2)  The committee ceases to exist five years after the date of the provincial election in 2011.

Interpretation

   (3)  A reference in this Act to an agency, board or commission shall be read to include a reference to any other type of entity that the committee is authorized by subsection 2 (1) to review.

Performance review

   2.  (1)  The committee is authorized to conduct performance reviews of any agency, board, commission or other type of entity that is a public body under the Public Service of Ontario Act, 2006 or that is designated by regulation.

Reports

   (2)  The committee shall report the results of its review and the committee's recommendations to the Assembly.

Exclusion

   (3)  Courts are not subject to a performance review by the committee.

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   (4)  The Assembly and the Crown themselves are not subject to a performance review by the committee.

Scope of performance review

   3.  (1)  When conducting a performance review, the committee shall consider the following matters:

    1.  The mandate of the agency, board or commission, including whether the mandate overlaps with that of another body.

    2.  The program and policy objectives of the agency, board or commission and whether those objectives are being satisfied.

    3.  Whether the agency, board or commission serves the public interest.

    4.  Whether the agency, board or commission provides value for money.

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   (2)  The committee may consider such other matters as may be appropriate for a performance review.

Review process

Report to committee

   4.  (1)  An agency, board or commission being reviewed is required to give the committee a report that describes its mandate and how it fulfils that mandate, and describes how it serves the public interest.

Business case

   (2)  The agency, board or commission shall make a business case for itself that establishes how it provides value for Ontario families.

Other information

   (3)  The agency, board or commission shall provide whatever information the committee may require or request in order to conduct the performance review.

Public participation in review process

   (4)  The committee shall ensure that members of the public are given an opportunity to make submissions in the course of the committee's performance review.

Authority to call persons

   (5)  The committee may examine any member of the Executive Council or any public servant designated by the member of the Executive Council respecting any legislation that is under his or her administration.

Recommendations

   5.  (1)  Following a performance review, the committee may make any of the following recommendations to the Assembly:

    1.  That the agency, board or commission continue to exist with its current mandate.

    2.  That the agency, board or commission continue to exist, but that specified changes be made, including,

            i.  changes to its mandate,

           ii.  changes to improve how it fulfils its mandate,

          iii.  changes to take advantage of or find efficiencies in the way it fulfils its mandate, and

          iv.  any other changes that the committee considers appropriate.

    3.  That the agency, board or commission be dissolved.

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   (2)  The committee may make such other recommendations as it considers appropriate.

Recommendation re specified changes

   (3)  If the committee recommends that an agency, board or commission make any changes under paragraph 2 of subsection (1), the agency, board or commission shall report its progress to the committee within the time specified by the committee.

Dissolution of an agency, board or commission

   6.  (1)  The committee shall not recommend the dissolution of an agency, board or commission unless the Minister responsible for it has been given an opportunity to make submissions to the committee about the proposed dissolution.

Recommendation re dissolution

   (2)  If the committee recommends the dissolution of one or more agencies, boards or commissions, the committee shall recommend a day for their dissolution and may make other recommendations concerning their dissolution.

Decision of the Assembly

   (3)  If the Assembly adopts a recommendation that one or more agencies, boards or commissions be dissolved, they are dissolved on the date specified in the recommendation and in accordance with the recommendation.

Conflict

   (4)  Subsection (3) prevails over any other Act that establishes or continues an agency, board or commission.

No effect on other committees

   7.  (1)  The powers and duties of the committee under this Act do not affect the powers and duties of other select or standing committees under the Standing Orders of the Legislative Assembly of Ontario.

Effect on ministerial authority

   (2)  The powers and duties of the committee under this Act do not affect the powers and duties of a minister with respect to an agency, board or commission, except as provided by subsection 6 (3). 

Regulations

   8.  The Lieutenant Governor in Council may make regulations designating agencies, boards, commissions and other types of entities for the purposes of subsection 2 (1).

Commencement

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

Short title

   10.  The short title of this Act is the Agencies, Boards and Commissions Sunset Review Act, 2011.

 

EXPLANATORY NOTE

The Bill enacts the Agencies, Boards and Commissions Sunset Review Act, 2011.  The Act provides for the performance review of agencies, boards and commissions by a select or standing committee of the Assembly.  The committee ceases to exist five years after the provincial election in 2011.

The committee is authorized to conduct performance reviews of any agency, board, commission or other type of entity that is a public body under the Public Service of Ontario Act, 2006 or that is designated by regulation.  However, courts are not subject to a performance review by the committee.

The scope of the performance review is provided in section 3 of the Act.  Each agency, board or commission being reviewed must submit a report describing its mandate, how it fulfils its mandate and how it serves the public interest.  The agency, board or commission must also make a business case establishing how it provides value for Ontario families.  Provision is made for public participation in the review process.

After a performance review, the committee may recommend that an agency, board or commission continue to exist, with or without changes to its mandate, and the committee may recommend changes to improve the way the agency, board or commission fulfils its mandate and changes to improve its efficiency.  The agency, board or commission must report its progress in making these changes, and this report must be made within the time specified by the committee. 

However, the committee may instead recommend that an agency, board or commission be dissolved.  Before the committee can make such a recommendation, the responsible minister must be given an opportunity to make submissions about the proposed dissolution.  If the Assembly adopts the committee's recommendation that one or more agencies, boards or commissions be dissolved, they are dissolved on the date specified in the committee's recommendation.

The powers and duties of the committee do not affect the powers and duties of any other committee of the Assembly.  The powers and duties of the minister responsible for an agency, board or commission are also not affected, except with respect to a dissolution under subsection 6 (3) of the Act.