Bill 125 2006
An Act to establish the
Ontario Labour Market Board
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The purposes of this Act are,
(a) to enable business and labour, together with educators, trainers and representatives of under-represented or disadvantaged groups, to play a significant role in the design and delivery of labour force development programs and services;
(b) to give Ontario's employers, workers and potential workers access to publicly funded labour force development programs and services that will, in the context of the competitive Canadian and global economies and in the context of a fair and just society, lead to the enhancement of skill levels, productivity, quality, innovation and timeliness and the improvement of the lives of workers and potential workers;
(c) to recognize the principles of access and equity in labour force development; and
(d) to ensure that labour force development programs and services are designed and delivered within a framework that is consistent with the economic and social policies, including labour market policies, of the Government of Ontario, promotes Ontario's linguistic duality and recognizes and supports the diversity and pluralism of Ontario's population.
2. In this Act,
"labour force development programs and services" includes programs and services with respect to labour force training and adjustment and with respect to entry and re-entry into the labour force, and includes any such program or service for which funding is provided by the federal government through a written agreement with the Government of Ontario; ("programmes et services de mise en valeur de la main-d'oeuvre")
"Minister" means the Minister responsible for the administration of this Act; ("ministre")
"OLMB" means the Ontario Labour Market Board. ("COMT")
3. A corporation without share capital known in English as the Ontario Labour Market Board and in French as Commission ontarienne du marché du travail is established.
4. (1) OLMB has the following objects:
1. To promote, support, co-ordinate, design, provide and evaluate labour force development programs and services for the private and public sectors.
2. To carry out research and development with respect to all aspects of labour force development.
3. To develop a labour market information base.
4. To advise the Government of Ontario on all aspects of labour force development, including its funding.
5. To seek to ensure that publicly funded labour force development programs and services, in the context of the competitive Canadian and global economies and in the context of a fair and just society, lead to the enhancement of skill levels, productivity, quality, innovation and timeliness and the improvement of the lives of workers and potential workers.
6. To participate in the development and promotion of common standards in occupational training, so as to enhance labour force mobility by making skills more portable.
7. To establish links among labour force development programs and services, the educational system and social programs and services intended to promote preparedness for employment, training and life-long learning.
8. To seek to ensure access and equity in labour force development programs and services, so as to lead to the full participation of workers and potential workers in the labour force.
9. To identify and seek to eliminate systemic and other discriminatory barriers to the full and effective participation of disadvantaged and under-represented groups in labour force development programs and services.
10. To seek to ensure that the special needs of people with disabilities are accommodated in labour force development programs and services.
11. To seek to ensure that labour force development programs and services are designed, delivered and evaluated in light of the needs and priorities of all Ontario's employers, workers and potential workers.
12. To seek to ensure that labour force development programs and services are of high quality and achieve the best results and the best returns on investment, through the use of a variety of methods that are fully and effectively evaluated in all respects, including cost-effectiveness.
13. To promote appropriate and sustainable levels of investment in labour force development.
14. To make effective use of Ontario's diverse educational and training resources.
15. To seek to ensure, within the scope of OLMB's operations, the strength of Ontario's publicly funded education systems.
16. To promote, in labour force development programs and services, Ontario's linguistic duality, and to take into account the training needs of Ontario's francophone community.
17. To recognize and support, in labour force development programs and services, the diversity and pluralism of Ontario's population.
(2) In carrying out its objects, OLMB shall operate,
(a) in a manner that is consistent with the economic and social policies, including labour market policies, of the Government of Ontario; and
(b) within a framework of accountability to the Government of Ontario.
5. OLMB is a Crown agency as defined in the Crown Agency Act.
Capacity and powers
6. (1) For the purpose of carrying out its objects, OLMB has all the capacity and powers of a natural person, except as limited by this Act.
(2) OLMB may not acquire, hold or dispose of an interest in real property, other than a leasehold interest, without first obtaining the approval of the Lieutenant Governor in Council.
Non-application of Corporations Act
7. (1) Subject to subsection 13 (1), the Corporations Act does not apply to OLMB.
Non-application of Corporations Information Act
(2) The Corporations Information Act does not apply to OLMB.
8. (1) The directors are responsible for OLMB's policy direction.
(2) There shall be 22 directors, appointed by the Lieutenant Governor in Council, as follows:
1. Two co-chairs, one representing business and one representing labour.
2. Seven directors representing business.
3. Seven directors representing labour.
4. Two directors representing educators and trainers.
5. One director representing francophones.
6. One director representing persons with disabilities.
7. One director representing racial minorities.
8. One director representing women.
(3) Each director shall be selected in consultation with organizations representing the group that the director is to represent.
(4) In the selection of directors, the importance of reflecting Ontario's linguistic duality and the diversity of its population and ensuring overall gender balance shall be recognized.
Term of office
(5) The directors shall be appointed to hold office for terms not exceeding three years and may be reappointed.
(6) A director may be reappointed, but not so as to serve more than three consecutive terms.
(7) If the position of a director becomes vacant, the Lieutenant Governor in Council may appoint a person to hold office for the unexpired portion of the term or for a new term not exceeding three years.
(8) If the position of a director becomes temporarily vacant because of a leave of absence, the Lieutenant Governor in Council may appoint a person to hold office as acting director during the leave.
(9) On the request of any director who is a person with a disability, the Lieutenant Governor in Council may appoint an alternate who shall perform the duties and have the powers of the director when that director is absent or unable to act.
(10) Subsections (3) and (4) apply to the reappointment of directors, the filling of vacancies and temporary vacancies and the appointment of alternates.
(11) If either co-chair is absent or unable to act and no alternate has been appointed under subsection (9), or if the position of a co-chair is vacant and the Lieutenant Governor in Council has not yet appointed a replacement, the directors who represent business or labour, as the case may be, shall choose from among themselves an acting co-chair.
9. (1) An additional director may be appointed on the request of recognized representatives of aboriginal people.
(2) The request may be directed to the Lieutenant Governor in Council or to the Minister, and the appointment shall be made by the one to whom the request is directed.
(3) The additional director shall be selected in consultation with recognized representatives of aboriginal people.
10. (1) The directors shall meet at the call of both co-chairs and, in any event, at least once every month.
(2) At least two directors' meetings each year shall be open to the public.
(3) The number of directors that is prescribed by the regulations made under this Act constitutes a quorum.
11. The directors shall pass by-laws governing OLMB's procedure and, subject to the regulations made under clause 22 (1) (b), governing the operations of the directors.
Duty of director
12. Each director shall act in the public interest while taking into account the needs and perspectives of the group he or she represents.
Conflict of interest
13. (1) Section 71 of the Corporations Act applies to the directors, with necessary modifications.
(2) The directors shall pass by-laws dealing with conflict of interest, which may impose restrictions on directors' activities.
Chief executive officer
14. (1) The directors shall elect from among themselves a chief executive officer of OLMB.
Powers and duties
(2) The chief executive officer is responsible to the directors.
(3) The chief executive officer shall implement the policies established by the directors and shall perform the other functions that they assign to him or her.
(4) The chief executive officer shall act as secretary at the directors' meetings.
(5) The directors may delegate any power or duty of OLMB to the chief executive officer.
(6) The chief executive officer may, in writing, delegate to another employee of OLMB any of the chief executive officer's powers or duties, including any that have been delegated to him or her by the directors, and may impose conditions and restrictions on the delegation.
15. (1) The employees who are considered necessary to carry on OLMB's affairs may be appointed or transferred.
Public Service Act
(2) The appointments and transfers shall be made under the Public Service Act.
16. (1) OLMB may establish councils, as subcommittees of the board of directors, in accordance with the regulations made under this Act.
Powers and duties
(2) The councils have the powers and duties that are delegated to them by OLMB and that are assigned by the regulations.
(3) The councils shall advise the directors on matters relating to labour force development.
(4) The councils are responsible to the directors.
17. Reference committees may be established, in accordance with the regulations made under this Act, by a group that is represented by a director under paragraphs 1 to 8 of subsection 8 (2) or subsection 9 (1).
Annual plan of operations
18. (1) The directors shall submit to the Minister for his or her review and approval, annually before the end of the fiscal year, a plan for the next year's operations of OLMB.
(2) The Minister may require the directors to submit to him or her for review and approval a plan for OLMB's future operations projected over several years as specified by the Minister.
19. (1) OLMB shall establish and maintain an accounting system satisfactory to the Minister.
(2) The directors shall appoint one or more auditors licensed as public accountants under the Public Accounting Act, 2004 to audit OLMB's accounts and financial transactions annually.
Disclosure to Auditor General
(3) The directors shall make available to the Auditor General, on his or her request, the auditor's report and all accounts, records and other documents relating to the audit.
Audit required by Minister
(4) The Minister may require that any aspect of OLMB's accounts or financial transactions be audited by the Auditor General or by an auditor appointed by the Minister for the purpose.
(5) If the Minister requires an audit under subsection (4), the Auditor General or other auditor shall submit the results of the audit to the Minister and to the directors.
20. (1) After the end of OLMB's fiscal year, the directors shall make an annual report to the Minister on its affairs.
(2) The annual report shall contain any information the Minister requires.
(3) The Minister shall submit the annual report to the Lieutenant Governor in Council and shall then table the report in the Assembly.
(4) The Minister may require the directors to submit other reports on OLMB's affairs, objects, powers or duties.
Agreement with Government of Canada
21. The Lieutenant Governor in Council may enter into an agreement with the Government of Canada with respect to any matter governed by this Act.
22. (1) The Lieutenant Governor in Council may make regulations,
(a) prescribing the quorum for directors' meetings;
(b) governing the decision-making procedures followed at directors' meetings;
(c) respecting the establishment and composition of councils;
(d) assigning powers and duties to councils;
(e) respecting the establishment and composition of reference committees.
(2) Before a regulation is made under subsection (1), the Minister shall consult with OLMB about it.
23. This Act comes into force on the day it receives Royal Assent.
24. The short title of this Act is the Ontario Labour Market Board Act, 2006.
The Bill establishes the Ontario Labour Market Board ("OLMB"), a Crown agency which is to assume broad responsibility for the promotion, co-ordination, design and provision of programs and services with respect to labour force training and adjustment.