Bill 112 2004

An Act respecting
the removal of a member
from the Toronto Police
Services Board

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

Member may be removed

1.  (1)  Within 28 days of the day this Act receives Royal Assent, the Lieutenant Governor in Council may revoke the appointment of Norman Gardner to the Toronto Police Services Board.

Same

(2)  A revocation made under subsection (1) shall be effective immediately.

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(3)  A revocation made under subsection (1) is effective despite anything contained in the order that appointed Norman Gardner to the Board.

New appointment

(4)  If the Lieutenant Governor in Council exercises the power set out in subsection (1), the Lieutenant Governor in Council shall, at the same time, appoint another person to be a member of the Board.

No liability

2.  No action or other proceeding shall be instituted against the Crown or against a member or former member of the Executive Council based on a claim for loss or damage as a result of the revocation made under subsection 1 (1).

Rights terminated

3.  (1)  If the Lieutenant Governor in Council exercises the power set out in subsection 1 (1),

(a) the entitlement of Norman Gardner to receive remuneration under subsection 27 (12) of the Police Services Act is extinguished;

(b) any ongoing appeal by Norman Gardner under subsection 23 (11) or 25 (6) of the Police Services Act is terminated; and

(c) the right of Norman Gardner to make an appeal under subsections 23 (11) and 25 (6) of the Police Services Act is terminated.

Same

(2)  If the Lieutenant Governor in Council exercises the power set out in subsection 1 (1), no compensation shall be paid by the Crown, the Board or any person in respect of the revocation of the appointment.

Conflict

4.  In the event of a conflict between this Act and the Police Services Act, this Act prevails.

Commencement

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

Short title

6.  The short title of this Act is the Removing a Member from the Toronto Police Services Board Act, 2004.

EXPLANATORY NOTE

The Bill gives the Lieutenant Governor in Council the power to revoke the appointment of Norman Gardner to the Toronto Police Services Board within 28 days of the day the Bill receives Royal assent. If the power is exercised, the Lieutenant Governor in Council would be required to appoint a new person to the Board. Certain rights would be extinguished on the exercise of the power.