Bill 186 2014

An Act to amend the Environmental Bill of Rights, 1993 to establish conflict of interest guidelines for the Environmental Commissioner

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

   1.  Subsection 49 (5) of the Environmental Bill of Rights, 1993 is repealed.

   2.  The Act is amended by adding the following section:

Conflict of interest

   49.1  (1)  The Environmental Commissioner shall not become employed or engage in a business or undertaking outside his or her appointment as the Environmental Commissioner in any of the following circumstances:

    1.  If the Environmental Commissioner's private interests in connection with the employment, engagement or undertaking could conflict with his or her duties as Environmental Commissioner.

    2.  If the employment, engagement or undertaking would interfere with the Environmental Commissioner's ability to perform his or her duties as Environmental Commissioner.

    3.  If, in connection with the employment, engagement or undertaking, any person would derive an advantage from the Environmental Commissioner's appointment as the Environmental Commissioner.

    4.  If government premises, equipment or supplies are used in the employment, engagement or undertaking.

Same

   (2)  The Environmental Commissioner shall not do anything that is prescribed as a conflict of interest.

   3.  Subsection 121 (1) of the Act is amended by adding the following clause:

   (v)  prescribing a conflict of interest for the purposes of subsection 49.1 (2).

Commencement

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

Short title

   5.  The short title of this Act is the Accountability for Ontario's Environmental Commissioner Act, 2014.

EXPLANATORY NOTE

The Environmental Bill of Rights, 1993 is amended to prohibit the Environmental Commissioner from becoming employed or engaging in a business or undertaking outside his or her appointment in certain circumstances. The Environmental Commissioner is also prohibited from being in a conflict of interest prescribed by the regulations.