Bill 61

Bill 612000

An Act to amend the

Ministry of Correctional Services Act

to require public ownership and

staffing of correctional institutions

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

1.The Ministry of Correctional Services Act is amended by adding the following section:

Crown ownership and operation

14.1 (1)Every correctional institution shall be owned and operated by the Crown in right of Ontario.

Staffing by civil servants

(2)All paid work done for or on behalf of a correctional institution, including the transportation of inmates outside of a correctional institution, shall be done by civil servants.

Exception

(3)Subsection (2) does not prevent a correctional institution from contracting with a person who is not a civil servant to do work for or on behalf of a correctional institution on a temporary basis, if the total number of hours of work done by all such persons in a year is less than 2 per cent of the total number of hours of work done by all people for or on behalf of the correctional institution in that year.

Transition

(4)Despite subsection (2), every contract that is in effect on the day this section comes into force, under which a person who is not a civil servant does work not authorized under subsection (3) for or on behalf of a correctional institution, continues in effect until the earlier of the termination of the contract and the day that is 180 days after the day this section comes into force.

Contracts voidable

(5)Any of the following may apply to the Superior Court of Justice for an order declaring that a contract to do work that contravenes this section is void:

1.The Crown in right of Ontario.

2.A civil servant.

3.A body that is the bargaining agent for civil servants for the purpose of collective bargaining.

Definition of civil servant

(6)In this section, "

civil servant" has the same meaning as in section 1 of the Public Service Act.

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 Ministry of Correctional Services Amendment Act (Public Ownership and Staffing), 2000.

EXPLANATORY NOTE

The Bill amends the Ministry of Correctional Services Act by adding a new section 14.1. The new section requires every correctional institution to be owned and operated by the Crown in right of Ontario. It requires all work done for or on behalf of a correctional institution to be done by civil servants. There is an exception for temporary work that constitutes less than 2 per cent of the total work done for a correctional institution in a year. There is a 180 day transitional provision with respect to contracts for work by non-civil-servants that are in effect when the section comes into force. Specified persons and bodies may apply to court for an order that a contract is void if the contract contravenes the new section.