Bill 86 2013

An Act to amend the Ministry of Infrastructure Act, 2011 with respect to public works agreements

Note: This Act amends the Ministry of Infrastructure Act, 2011.  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:

   1.  Section 8 of the Ministry of Infrastructure Act, 2011 is amended by adding the following subsections:

Certain public works agreements

   (2)  Subsection (3) applies to an agreement that a person or body has entered into for and in the name of the Crown on or after the day this subsection comes into force if the agreement is in respect of the construction, renovation, repair or improvement of a public work and the total consideration payable under the agreement is at least 5 million dollars.

Restriction on early termination

   (3)  The Crown shall not terminate an agreement to which subsection (2) applies before the total consideration payable under the agreement has become payable if the termination occurs on or after the day writs for a general election are issued under the Election Act and before the day that the first government is sworn in after the notice of the return made with respect to the writs is published in The Ontario Gazette under section 83 of that Act.

Salary reduction for Executive Council

   (4)  If the Crown contravenes subsection (3), the salary of each member of the Assembly who was a member of the Executive Council at the time of termination shall be reduced by 25 per cent for a period of 12 months beginning at the time of termination.

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 Infrastructure Accountability Act, 2013.

EXPLANATORY NOTE

The Bill amends the Ministry of Infrastructure Act, 2011 to prohibit the Crown from terminating an agreement that it has entered into with respect to public works for a total consideration of at least 5 million dollars, if the termination occurs before the total amount of consideration payable under the agreement has become payable and during the time period of a general election up until the day that the first government is sworn in after the election. If the Crown contravenes that restriction, the salary of each member of the Assembly who was a member of the Executive Council at the time of the termination is reduced by 25 per cent for a period of one year from the termination.