An Act to amend the Capital Investment Plan Act, 1993 to ensure that the Ontario Realty Corporation awards contracts in a fair and public way.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1.The Capital Investment Plan Act, 1993 is amended by adding the following sections:
Contracts for services or property
63.2 (1)This section applies to contracts regarding services or property to which the Corporation is a party, and to the process by which the Corporation awards those contracts.
Lobbying members of the Legislature
(2)If the Corporation concludes on reasonable grounds that a person who is bidding on a contract has contacted one of the following persons for the purpose of being the successful bidder, the Corporation shall disqualify the person from bidding on the contract:
1.A member of the board of directors of the Corporation.
2.A Crown employee, or an officer or employee of the Corporation, unless the Corporation has explicitly made such contact a part of the bidding process.
3.A member of the Legislature.
4.A person employed in the office of a member of the Executive Council.
Disclosure of bid information
(3)Within 10 days after awarding a contract of a value over $10,000 the Corporation shall make available to the public on a Web site or by such other means as may be prescribed, details of the successful bid for the contract and details of all unsuccessful bids.
(4)The Lieutenant Governor in Council may make regulations prescribing the means by which the Corporation make information available to the public under subsection (3).
Requests for information
(5)If a person requests information from the Corporation with respect to a contract, the following provisions of the Freedom of Information and Protection of Privacy Act shall be deemed not to apply with respect to the request:
1.Subsection 13 (1) (Advice to government).
2.Subsection 17 (1) (Third party information).
3.Subsection 18 (1) (Economic and other interests of Ontario).
Sale of real estate
63.3 (1)Before the Corporation offers real estate for sale, it shall have the value of the real estate appraised separately by two people qualified to do such an appraisal, who are independent of each other and of the Corporation.
Resale within one year
(2)A person who purchases real estate from the Corporation shall not sell the real estate for more than what the person paid for it until the end of one year after the purchase, unless the Real Estate Council of Ontario determines that the value of the real estate has increased as a result of substantial development of the real estate since the purchase.
(3)A decision of the Real Estate Council of Ontario under subsection (2) is final, and is not subject to appeal.
Cost of determination
(4)The Real Estate Council of Ontario may recover the cost of a determination under subsection (2) from the parties to the proceeding in which the determination is made.
Application to court
(5)The Crown in Right of Ontario may apply to the Superior Court of Justice to determine whether non-compliance with this section resulted in a financial loss to the Crown.
Parties to the application
(6)The Corporation, the person who purchased property from the Corporation, and any other person named as a party by the Court, are parties to a proceeding under subsection (5).
Payment for loss
(7)In a proceeding under subsection (5), if the Court determines that non-compliance with this section resulted in a financial loss to the Crown, the Court may by order require a party to the proceeding to pay to the Crown the amount of the loss.
2.This Act comes into force on the day it receives Royal Assent.
3.The short title of this Act is the Ontario Realty Corporation Clean Up Act, 2000.
Part V of the Capital Investment Plan Act, 1993 deals with the Ontario Realty Corporation. The Bill adds two sections to Part V, dealing with contracts regarding services or property to which the Corporation is a party. The new section 63.2 provides that a person who lobbies a member of the Legislature, a Crown employee, an employee in the office of a member of the Executive Council, or a director, officer or employee of the Corporation to be the successful bidder on a contract is disqualified from bidding. After a contract valued at over $10,000 is awarded, the Corporation must make available to the public details of the successful and unsuccessful bids. If a person makes a request to the Corporation for information with respect to a contract, certain provisions in the Freedom of Information and Protection of Privacy Act which may result in a refusal to disclose the information, are deemed not to apply.
The new section 63.3 requires the Corporation to have real property appraised twice before offering it for sale. The buyer may not resell the property within one year for more than the person paid for it, unless the Real Estate Council of Ontario determines that the increase in value resulted from substantial development of the real estate. If a court concludes that non-compliance with this section resulted in financial loss to the Crown, it may order the purchaser or other party to the proceeding to pay the Crown the amount of the loss.