Bill 126, Fiscal Transparency and Accountability Amendment Act (Pre-Election Reports), 2013

Bill 126 2013

An Act to amend the Fiscal Transparency and Accountability Act, 2004

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

   1.  (1)  Subsection 10 (1) of the Fiscal Transparency and Accountability Act, 2004 is repealed and the following substituted:

Pre-election report about Ontario's finances

   (1)  In every year in which a provincial election is required to be held under clause 9 (2) (b) of the Election Act, the Ministry of Finance shall release a pre-election report about Ontario's finances no later than 30 days after the Minister moves the Budget motion in the year under Standing Order 58 (a) of the Standing Orders of the Assembly.

Same

   (1.1)  The Ministry of Finance shall release a pre-election report about Ontario's finances no later than seven days after a writ is issued under the Election Act for a provincial election, other than a writ for a provincial election required to be held under clause 9 (2) (b) of the Election Act.

   (2)  Subsection 10 (3) of the Act is repealed and the following substituted:

Review by Auditor General

   (3)  The Auditor General shall promptly review a pre-election report required under subsection (1) to determine whether it is reasonable, and shall release a statement describing the results of the review.

Same

   (3.1)  The Auditor General shall promptly review a pre-election report required under subsection (1.1) to determine whether it is reasonable, and shall release a statement describing the results of the review either before the provincial election, if possible, or within a reasonable time after the election.

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 Fiscal Transparency and Accountability Amendment Act (Pre-Election Reports), 2013.

EXPLANATORY NOTE

Currently, subsection 10 (1) of the Fiscal Transparency and Accountability Act, 2004 requires the Minister of Finance to release a pre-election report about Ontario's finances in such circumstances and by such deadline as provided for in the regulations.  Section 10 is amended as follows:

    1.   In every year in which there is a fixed date for a general election, the Minister is required to release a pre-election report no later than 30 days after the Minister moves the Budget motion in the year. 

    2.   If a writ is issued under the Election Act for a general election other than a fixed date general election, the Minister is required to release a pre-election report no later than seven days after the writ is issued.

Currently, subsection 10 (3) of the Act requires the Auditor General to promptly review a pre-election report and to release a statement describing the results of the review.  The subsection is re-enacted to apply to a pre-election report that is released in connection with a fixed date general election.  A new subsection 10 (3.1) applies to a pre-election report that is released in connection with a non-fixed date general election.  It requires the Auditor General to promptly review the report and to release a statement describing the results of the review either before the election, if possible, or within a reasonable time after the election.