[37] Bill 137 Original (PDF)
Bill 137
Bill 1372000
An Act to permit the
Minister of Transportation
to delegate powers and duties
and responsibilities to deliver
program services with respect to
road user safety to persons
in the private sector
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, "
delegate" means an individual, partnership, corporation or unincorporated association to whom the Minister delegates a statutory power or duty or the responsibility to deliver program services in accordance with this Act; ("dlgataire") "
Minister" means the Minister of Transportation or such other member of the Executive Council to whom the administration of Acts assigned to the Minister of Transportation may be assigned under the Executive Council Act\; ("ministre") "
Ministry" means the ministry of the Minister. ("ministre")
Delegation agreements, statutory powers and duties
2. (1) The Minister may enter into an agreement with one or more individuals, partnerships, corporations or unincorporated associations delegating to the individuals, partnerships, corporations or unincorporated associations any of the powers or duties of the Minister, the Ministry or an officer or employee of the Ministry under an Act or regulation relating to road user safety.
Same, responsibilities to deliver services
(2) The Minister may enter into an agreement with one or more individuals, partnerships, corporations or unincorporated associations delegating to the individuals, partnerships, corporations or unincorporated associations the responsibility of the Minister, the Ministry or an officer or employee of the Ministry to deliver all or some of the services of a program relating to road user safety.
Contents of agreement
(3) A delegation agreement shall contain any limitations, conditions and requirements applicable to the delegation and such other provisions as the Minister considers advisable in the public interest, including provisions,
(a)requiring that the delegate comply with applicable Ministry standards and policies, including standards and policies relating to quality assurance and audits;
(b)setting the financial terms of the delegation;
(c)permitting the delegate to establish fees to be charged to the public, as specified in the agreement and subject to any restrictions set out in the agreement, and, despite section 2 of the Financial Administration Act, permitting the delegate to collect and retain all or part of the fees specified in the agreement;
(d)granting the delegate access to and use of specified Ministry resources, including information databases, solely for the purpose of exercising or performing the delegated powers, duties or responsibilities;
(e)requiring the delegate to obtain and maintain specified kinds and amounts of insurance;
(f)providing that the Minister may appoint persons to the board of directors of the delegate, if the delegate is a non-share capital corporation.
Fees
(4) The Minister is hereby authorized to establish fees not already provided for in any Act or regulation administered by the Minister, and to include in the delegation agreement the authority for the delegate to charge such additional fees to the public and, despite section 2 of the Financial Administration Act, to collect and retain all or part of such fees.
Forms
(5) Subject to any limitation in the delegation agreement, a delegate may require that the public use forms approved by the delegate for any purpose related to a delegated power, duty or responsibility.
Limitation
(6) The Minister shall not delegate a power to make regulations or to establish program standards or policies.
Regulation required to make delegation effective
3. A delegation under a delegation agreement is not effective unless the Lieutenant Governor in Council makes a regulation,
(a)prescribing the powers, duties and responsibilities that are to be delegated by a delegation agreement under this Act; and
(b)specifying the individuals, partnerships, corporations or unincorporated associations to whom such powers, duties and responsibilities are to be delegated.
Unilateral amendment of delegation agreement by Minister
4. (1) The Minister may amend a delegation agreement without the agreement of the delegate, including by adding limitations, conditions and requirements applicable to the delegation, and such amendment shall prevail over any conflicting provisions in the delegation agreement as agreed to by the Minister and the delegate, and shall be deemed to form a part of the delegation agreement.
Notice
(2) An amendment may be made under subsection (1) by personally delivering to the delegate written notice of the amendment and it is effective immediately upon the notice being delivered to the delegate.
Amendments limited to public safety matters
(3) The Minister may amend a delegation agreement under subsection (1) only if, in the opinion of the Minister, the amendment is necessary for reasons of public safety.
Revocation of delegation
5. (1) The Lieutenant Governor in Council may by regulation revoke a delegation if, in the opinion of the Lieutenant Governor in Council,
(a)the delegate has contravened or failed to comply with this Act;
(b)the delegate has contravened or failed to comply with the Act or regulation containing or authorizing the delegated powers, duties or responsibilities;
(c)the delegate has contravened or failed to comply with the delegation agreement; or
(d)it is in the public interest to do so.
Effect of regulation
(2) The delegation agreement or part of the delegation agreement containing the revoked delegation is cancelled by a regulation made under subsection (1) on the day specified in the regulation or, if no day is specified in the regulation, on the day the regulation comes into force.
Notice
(3) The Lieutenant Governor in Council may give the delegate such notice of the intention to make a regulation under subsection (1) as the Lieutenant Governor in Council considers reasonable in the circumstances.
Non-application of Statutory Powers Procedure Act
(4) The Statutory Powers Procedure Act does not apply to the revocation of a delegation under this section.
Obligations of delegate
6. (1) A delegate shall exercise or perform the powers, duties or responsibilities delegated to the delegate in accordance with the law and, in particular, in accordance with this Act, the Act or regulation containing or authorizing the delegated powers, duties or responsibilities and the delegation agreement.
No restriction on other activities
(2) Unless otherwise provided in a delegation agreement, nothing in this Act prevents a delegate from carrying out other activities unrelated to the delegated powers, duties or responsibilities.
Minister may appoint directors
7. (1) If a delegation agreement with a non-share capital corporation so provides, the Minister may appoint one or more persons to the board of directors of the delegate, as specified in the agreement, for such terms of office as the Minister considers appropriate.
Remuneration, expenses of Ministerial appointees
(2) The remuneration and expenses of the directors appointed by the Minister shall be the responsibility of the delegate.
Delegate not a Crown agency
8. A delegate is not, for any purposes, a Crown agency within the meaning of the Crown Agency Act and shall not hold itself out as such.
Application of Freedom of Information and
Protection of Privacy Act
9. (1) The Freedom of Information and Protection of Privacy Act applies to a delegate in the same manner as if the delegate were the Minister.
Compliance with government policies
(2) A delegate shall comply with all legislation respecting personal information, in the same manner and to the same extent as the Minister, and shall comply with any government policies or Ministry policies respecting personal information that are specified in the delegation agreement.
Personal information
(3) A delegate may collect, retain, use and disclose personal information, as defined in the Freedom of Information and Protection of Privacy Act, for the purpose of exercising or performing the delegated powers, duties or responsibilities, to the same extent and for the same purposes as the Minister.
Annual report
10. (1) A delegate shall report annually to the Minister on its activities over the previous year with respect to the delegated powers, duties or responsibilities.
Additional reports
(2) A delegate shall provide additional reports to the Minister as may be required by the delegation agreement or requested by the Minister.
Notice to Minister
(3) A delegate shall advise the Minister forthwith of any matter related to the delegated powers, duties or responsibilities that is a matter of public safety or public interest.
Crown not liable for delegate's acts
11. (1) No action or other proceeding shall be instituted against the Crown, the Minister or any employee of the Ministry,
(a)for any act done in good faith in the execution or intended execution of a power, duty or responsibility delegated under this Act or for an alleged neglect or default in the execution in good faith of a power, duty or responsibility delegated under this Act; or
(b)for any tort committed by a delegate or an employee or agent of a delegate in relation to a power, duty or responsibility delegated under this Act.
Crown not liable for delegation
(2) No action or other proceeding shall be instituted against the Crown, the Minister or any officer or employee of the Ministry for any act done in good faith in the execution or intended execution of a power or duty under this Act or for any alleged neglect or default in the execution in good faith of a power or duty under this Act.
Exception
(3) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (2) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (2) to which it would otherwise be subject.
Offence
12. (1) A delegate that knowingly contravenes or fails to comply with this Act, the Act or regulation containing or authorizing the delegated powers, duties or responsibilities or the regulations under this Act or under the Act containing or authorizing the delegated powers, duties or responsibilities is guilty of an offence and on conviction is liable to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues.
Same
(2) A director, officer, employee or agent of a delegate who knowingly contravenes or fails to comply with this Act, the Act or regulation containing or authorizing the delegated powers, duties or responsibilities or the regulations under this Act or under the Act containing or authorizing the delegated powers, duties or responsibilities is guilty of an offence.
Same
(3) A director or officer of a delegate is guilty of an offence who,
(a)knowingly causes, authorizes, permits or participates in the commission of an offence under subsection (1); or
(b)fails to take reasonable care to prevent the delegate from committing an offence under subsection (1).
Same
(4) A person who is convicted of an offence under subsection (2) or (3) is liable to a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues.
Regulations
13. (1) The Lieutenant Governor in Council may make regulations,
(a)prescribing the powers, duties and responsibilities of the Minister, the Ministry or an officer or employee of the Ministry that are to be delegated under a delegation agreement;
(b)specifying the individuals, partnerships, corporations or unincorporated associations to whom such powers, duties and responsibilities are to be delegated;
(c)governing hearings and appeals in respect of delegated powers, duties and responsibilities;
(d)respecting any matter that the Lieutenant Governor in Council considers advisable to carry out effectively the intent and purpose of this Act or of an Act containing a delegated power, duty or responsibility.
General or particular
(2) A regulation made under subsection (1) may be general or particular in its application.
Commencement
14. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
15. The short title of this Act is the Road User Customer Service Improvement Act, 2000.
EXPLANATORY NOTE
The Bill permits the Minister of Transportation to delegate powers, duties and responsibilities relating to road user safety to persons in the private sector. The Minister is authorized to enter into a delegation agreement with a delegate, and to set out in the agreement the limitations, conditions and requirements of the delegation that the Minister considers advisable in the public interest. The delegation, however, will not be effective until the Lieutenant Governor in Council makes a regulation specifying both the delegate and the delegated powers, duties and responsibilities. The Minister may unilaterally amend a delegation agreement for public safety reasons. The Lieutenant Governor in Council may revoke a delegation if the delegate contravenes the Act or regulation containing or authorizing the delegated powers, duties or responsibilities or if it is in the public interest to do so.
Delegates are required to comply with all laws respecting the delegated powers, duties and responsibilities. They are bound by the Freedom of Information and Protection of Privacy Act. They are required to report annually, and as requested, to the Minister. It is an offence for a delegate, or a director, officer, employee or agent of a delegate, to knowingly contravene or fail to comply with this Act or the Act or regulation containing or authorizing the delegated powers, duties and responsibilities.
Delegates are not agents of the Crown. The Crown is not liable for any act or failure to act by a delegate.