Bill 67 2016

An Act to amend the Auditor General Act with respect to public contractors

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

   1.  Section 1 of the Auditor General Act is amended by adding the following definition:

"public contractor" means an association, authority, board, commission, corporation, council, foundation, institution, organization, person or other body or entity that delivers programs or services on behalf of the Crown under an Act, order in council, contract, agreement or policy and that,

  (a)  receives payment or financial assistance directly or indirectly from the Crown, a ministry, an agency of the Crown, a Crown controlled corporation, or a grant recipient, including both one-time and recurring payments, and including transfer payments, grants, subsidies, loans and guarantees, or

  (b)  is empowered by the Crown to collect fees for its services from the Crown or from the users of the programs or services; ("contractant public")

   2.  Section 9.1 of the Act is amended by adding the following subsection:

Public contractors

   (4)  The Auditor General may conduct a special audit of a public contractor.

   3.  (1)  Subsection 10 (1) of the Act is amended by striking out "and every grant recipient" and substituting "every grant recipient and every public contractor".

   (2)  Subsection 10 (2) of the Act is repealed and the following substituted:

Access to records

   (2)  Despite any other Act, the Auditor General is entitled to have free access to all books, accounts, financial records, electronic data processing records, reports, files and all other papers, things or property belonging to or used by a ministry, agency of the Crown, Crown controlled corporation, grant recipient or public contractor, as the case may be, that the Auditor General believes to be necessary to perform his or her duties under this Act.

   4.  (1)  Subsection 11.1 (1) of the Act is amended by striking out "or grant recipient" at the end and substituting "grant recipient or public contractor".

   (2)  Subsection 11.1 (2) of the Act is amended by striking out "or grant recipient" and substituting "grant recipient or public contractor".

   5.  Clause 12 (2) (f) of the Act is amended by striking out "or grant recipients" in the portion before subclause (i) and substituting "grant recipients or public contractors".

Commencement

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

Short title

   7.  The short title of this Act is the Auditor General Amendment Act, 2016.

EXPLANATORY NOTE

The Auditor General Act is amended to permit the Auditor General to conduct special audits of public contractors. A public contractor includes any body or entity that delivers programs or services on behalf of the Crown and that receives payment or financial assistance from the Crown or another entity, or is empowered by the Crown to collect fees for its services.