Bill 39, Truth in Government Act, 2010

Versions

Bill 39 2010

An Act to provide for the disclosure of financial information in the public sector

Note: This Act amends the Freedom of Information and Protection of Privacy Act. For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

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

Definitions

1. In this Act,

"public entity" means an entity described in any one of clauses (a), (c) to (i) and (k) to (n) of the definition of "public sector" in subsection 2 (1) of the Public Sector Salary Disclosure Act, 1996; ("entité publique")

"quarter year" means the period in each year from January 1 to March 31, from April 1 to June 30, from July 1 to September 30 or from October 1 to December 31. ("trimestre")

Disclosure of contracts

2. (1) If a public entity has entered into a contract with any person or body for goods or services, other than for services provided by employees, for a total consideration of at least $10,000 and the contract has not been fully performed by the date that this Act receives Royal Assent, the entity shall maintain a website on the Internet and post on the website the information listed in subsection (3) with respect to each such contract within 30 days after the date that this Act receives Royal Assent.

Same, future contracts

(2) A public entity that, in a quarter year, enters into a contract with any person or body for goods or services, other than for services provided by employees, for a total consideration of at least $10,000 shall maintain a website on the Internet and post on the website the information listed in subsection (3) with respect to each such contract within 30 days after the end of the quarter year.

Contract information

(3) The information mentioned in subsection (1) or (2) with respect to a contract shall be,

(a) the name of the person or body with whom the public entity has entered into the contract;

(b) a unique identifying number for the contract;

(d) the date that the contract was entered into;

(e) a brief description of the goods that the contract requires be delivered or the services that the contract requires be performed;

(f) a list of the dates by which the contract requires goods to be delivered or services to be performed; and

(g) the date by which the contract requires all goods to be delivered or all services to be fully performed.

Information about performance

(4) Within 30 days after the end of the quarter year in which there falls the date by which a contract to which subsection (1) or (2) applies requires all goods to be delivered or all services to be fully performed, the public entity that entered into the contract shall update the posting on its website that it was required to make under that applicable subsection by,

(a) indicating with a Yes or No answer whether the goods that the contract required be delivered or the services that the contract required to be performed were done on time and on budget; and

(b) if the answer under clause (a) is No, providing a full explanation of the reasons for which the answer is No.

Disclosure of grants

3. (1) If a public entity that has entered into an arrangement to make a grant of at least $10,000 to any person or body and the grant has not been fully paid by the date that this Act receives Royal Assent, the entity shall maintain a website on the Internet and post on the website the information listed in subsection (3) with respect to the grant within 30 days of the date that this Act receives Royal Assent.

Same, future grants

(2) A public entity that enters into an arrangement to make a grant of at least $10,000 to any person or body shall maintain a website on the Internet and post on the website the information listed in subsection (3) with respect to the grant within 30 days after the end of the quarter year in which there falls the date on which any payment is made under the grant.

Grant or payment information

(3) The information mentioned in subsection (1) or (2) for a grant or a payment under the grant shall be, if not previously provided under the applicable subsection,

(a) the name of the person or body to whom the public entity is required to make the grant;

(b) the name of the person or body to whom the payment under the grant is made;

(d) the total amount payable under the grant or payment;

(e) the date that the arrangement to make the grant was entered into;

(f) a brief description of the project that the grant is intended to support;

(g) a list of the dates on which payments are payable under the grant; and

(h) the date on which the final payment is payable under the grant.

Value of grant

(4) Within 30 days after the end of the quarter year in which there falls the date on which the final payment is payable under a grant to which subsection (1) or (2) applies, the public entity that entered into the arrangement to make the grant shall update the posting on its website that it was required to make under that applicable subsection by providing,

(a) a brief description of the project that the grant was intended to support; and

(b) a statement whether the entity considers that the grant has achieved value for the money paid under the grant and a full explanation of the reasons justifying the statement.

Travel and hospitality expenses

4. A public entity that incurs expenses for travel and hospitality in a quarter year in the course of carrying on its activities shall maintain a website on the Internet and post on the website the following information within 30 days after the end of the quarter year:

1. The total of all such expenses.

2. A breakdown of each expense that forms part of the total described in paragraph 1 showing,

i. the name of the individual who incurred the expense on behalf of the entity,

ii. the total amount of the expense,

iii. the date of incurring the expense,

iv. a description of the expense and the purpose of it, and

v. if the expense is for travel, an itemized breakdown of the expense showing,

A. the mode of travel involved,

B. the amount spent on accommodation,

C. the amount spent on meals, the number of meals involved and a breakdown of the meals among breakfasts, lunches and dinners, and

D. a description of all other components of the expense.

Position reclassifications

5. A public entity that, in a quarter year, reclassifies any position of any of its employees or persons whose services it retains shall maintain a website on the Internet and post on the website the following information within 30 days after the end of the quarter year:

1. The title of the position, both before and after the reclassification.

2. The date of the reclassification.

3. The pay and benefits scale that applied to the position, both before and after the reclassification.

4. A statement of the reasons justifying the reclassification.

Failure to disclose information

6. (1) If a public entity fails to comply with any of sections 2 to 5, the Management Board of Cabinet may require a ministry of the Crown to withhold part or all of any amount authorized by appropriation of the Legislature or by Act to be paid by the ministry to that entity to fund any activity or program of that entity.

Payment of amount withheld

(2) Subject to subsection (3), an amount withheld under subsection (1) shall be paid to the public entity from whom it is withheld only when the entity complies with the applicable one of sections 2 to 5.

Failure continuing past fiscal year end

(3) A public entity ceases to be entitled to payment of any amount withheld under subsection (1) if the failure to comply with the applicable one of sections 2 to 5 continues to March 31 next following the date on which the direction to withhold was given, and in that case, the amount withheld is part of the Consolidated Revenue Fund.

Disclosure not breach of any Act or agreement

7. The disclosure of information in accordance with this Act, or in the reasonable belief that the disclosure is required by this Act, shall not be deemed by any court or person,

(a) to contravene any Act or regulation enacted or made before or after the coming into force of this Act; or

(b) to be in breach of or contrary to any agreement that purports to restrict or prohibit that disclosure regardless of whether the agreement is made before or after the coming into force of this Act.

This Act prevails

8. (1) The provisions of this Act prevail over any other Act or regulation unless another Act specifically refers to those provisions and provides otherwise.

Same, contracts

(2) This Act prevails over any agreement that provides otherwise.

Regulations

9. (1) The Lieutenant Governor in Council may make regulations,

(a) defining any term in this Act that is not defined in this Act;

(b) specifying how a public entity that is required to post any thing or information on its website under this Act is required to present the posting;

Scope of regulations

(2) A regulation may be of general application or specific to any person, thing or class of persons or things in its application.

Freedom of Information and Protection of Privacy Act

10. (1) The definition of "institution" in subsection 2 (1) of the Freedom of Information and Protection of Privacy Act is amended by striking out "and" at the end of clause (a.1) and by adding the following clause:

(a.2) any agency, board, commission, corporation or other body that comes within the meaning of "public entity" as defined in the Truth in Government Act, 2010, and

(2) Subsection 60 (1) of the Act is amended by adding the following clause:

(i.1) designating a head for any institution for the purposes of clause (b) of the definition of "head" in subsection 2 (1);

Commencement and Short Title

Commencement

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

Short title

12. The short title of this Act is Truth in Government Act, 2010.

EXPLANATORY NOTE

The Bill applies to certain specified entities in the public sector. It requires those entities to make disclosure of the following information on a quarterly basis: contracts that it enters into for goods or services, other than for services provided by employees, for a total value of $10,000 or more, grants that it agrees to make of $10,000 or more, expenses for travel and hospitality incurred in the course of carrying on its activities and reclassification of any position of any of its employees or persons whose services it retains. A public sector entity is required to make the disclosure on a website that it maintains on the Internet.

The Bill also amends the Freedom of Information and Protection of Privacy Act to make the public sector entities to which the Bill applies institutions within the meaning of that Act.