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Broader Public Sector Accountability Act, 2010

S.O. 2010, CHAPTER 25

Consolidation Period: From July 24, 2014 to the e-Laws currency date.

Last amendment: 2014, c. 7, Sched. 2.

CONTENTS

PART I
INTERPRETATION

1.

Interpretation

2.

Rules re directives, etc.

3.

Regulations

PART II
LOBBYISTS AND CONSULTANTS

Lobbyists

4.

No publicly funded lobbyists

Reporting re Use of Consultants

5.

Reporting by LHINs

6.

Reporting by hospitals

7.

Regulations

PART II.1
COMPENSATION ARRANGEMENTS

Interpretation

7.1

Interpretation

Application

7.2

Employers

7.3

Employees and office holders

Restraint Measures

7.4

Effective date of restraint measures

7.5

Expiry of certain restraint measures

7.6

No increases under compensation plan

7.7

No increase in salary

7.8

No increase in benefits, perquisites and payments, etc.

7.9

No increase in performance pay envelope

7.10

No increase upon renewal, etc.

7.11

New designated executives and office holders

7.12

Change of position or office

7.13

Bona fide restructuring, etc.

7.14

Effect of amendment of benefit plan, etc.

7.15

Effect of cost increases

7.16

No future compensation re restraint measures

7.17

Conflict with this Part

Compliance Reports

7.18

Compliance reports

Compensation Studies

7.19

Directives re compensation studies

Regulations

7.20

Regulations

PART III
PUBLIC REPORTING OF EXPENSE CLAIM INFORMATION

8.

Public posting of expenses by LHINs and hospitals

9.

Public posting of expenses by broader public sector organizations

PART IV
EXPENSE CLAIMS: ALLOWABLE EXPENSES

10.

Directives for designated broader public sector organizations

11.

Guidelines for publicly funded organizations

PART IV.1
PERQUISITES

11.1

Directives about perquisites, designated broader public sector organizations

11.2

Guidelines about perquisites, publicly funded organizations

PART V
PROCUREMENT STANDARDS

12.

Directives

13.

Guidelines for publicly funded organizations

PART VI
COMPLIANCE REPORTS

14.

LHINs

15.

Hospitals

16.

Other organizations

PART VII
ENFORCEMENT PROVISIONS

17.

LHINs

18.

Hospitals

19.

Other organizations

20.

Employment agreements

21.

Terms of agreements

22.

Limitations on remedies

23.

No compensation

PART I
INTERPRETATION

Interpretation

1.  (1)  In this Act,

“agency of the Government of Ontario” means a public body designated in regulations made under the Public Service of Ontario Act, 2006; (“organisme du gouvernement de l’Ontario”)

“broader public sector organization” means,

(a) a designated broader public sector organization, and

(b) a publicly funded organization; (“organisme du secteur parapublic”)

“community care access corporation” means a community care access corporation within the meaning of the Community Care Access Corporations Act, 2001; (“société d’accès aux soins communautaires”)

“consultant” means a person or entity that under an agreement, other than an employment agreement, provides expert or strategic advice and related services for consideration and decision-making; (“expert-conseil”)

“designated broader public sector organization” means,

(a) every hospital,

(b) every school board,

(c) every university in Ontario and every college of applied arts and technology and post-secondary institution in Ontario whether or not affiliated with a university, the enrolments of which are counted for purposes of calculating annual operating grants and entitlements,

(d) every approved agency designated as a children’s aid society under subsection 15 (2) of Part I of the Child and Family Services Act,

(e) every community care access corporation,

(f) every corporation controlled by one or more designated broader public sector organizations that exists solely or primarily for the purpose of purchasing goods or services for the designated broader public sector organization or organizations,

(g) every publicly funded organization that received public funds of 10 million dollars or more in the previous fiscal year of the Government of Ontario, and

(h) every organization that is prescribed for the purposes of this definition; (“organisme désigné du secteur parapublic”)

“hospital” means,

(a) a public hospital,

(b) a private hospital that received public funds in the previous fiscal year of the Government of Ontario, and

(c) the University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa; (“hôpital”)

“lobbyist” means an individual who acts as a consultant lobbyist within the meaning of section 4 of the Lobbyists Registration Act, 1998, and does not include an in-house lobbyist within the meaning of section 5 or 6 of that Act; (“lobbyiste”)

“lobbyist services” means services undertaken by a lobbyist that constitute lobbying within the meaning of the Lobbyists Registration Act, 1998; (“services de lobbyiste”)

“local health integration network” means a local health integration network within the meaning of the Local Health System Integration Act, 2006; (“réseau local d’intégration des services de santé”)

“long-term care home” means a long-term care home within the meaning of the Long-Term Care Homes Act, 2007; (“foyer de soins de longue durée”)

“private hospital” means a private hospital within the meaning of the Private Hospitals Act; (“hôpital privé”)

“public funds” means the public money of the province of Ontario that is provided by the Government of Ontario or an agency of the Government of Ontario, directly to any authority, board, commission, committee, corporation, council, foundation or organization through a grant or transfer payment or other funding arrangement, and, in the case of a school board, includes money received by the school board from taxes levied under the Education Act for school purposes, but public funds does not include,

(a) money that is paid for the provision of goods or services to the Government of Ontario or an agency of the Government of Ontario,

(b) money that is paid by the Government of Ontario or an agency of the Government of Ontario under a fee for service arrangement, or

(c) money that is provided by the Government of Ontario or an agency of the Government of Ontario, by way of a loan or loan guarantee; (“fonds publics”)

“publicly funded organization” means every authority, board, commission, committee, corporation, council, foundation or organization that received public funds in the previous fiscal year of the Government of Ontario, but does not include,

(a) the Office of the Lieutenant Governor,

(b) the Office of the Assembly or the office of an officer of the Assembly,

(c) a ministry of the Government of Ontario,

(d) an agency of the Government of Ontario,

(e) a municipality,

(f) subject to the regulations, a local board as defined in section 1 of the Municipal Act, 2001 and section 3 of the City of Toronto Act, 2006,

(g) a board of health under the Health Protection and Promotion Act,

(h) subject to the regulations, an organization that undertakes its activities for the purpose of profit to its shareholders,

(i) a long-term care home, or

(j) any organization excluded under the regulations; (“organisme financé par des fonds publics”)

“public hospital” means a hospital within the meaning of the Public Hospitals Act; (“hôpital public”)

“school board” means a board as defined in the Education Act. (“conseil scolaire”) 2010, c. 25, s. 1 (1).

Interpretation re Crown agent

(2)  Nothing in this Act makes an organization a Crown agent where that organization would not otherwise be a Crown agent. 2010, c. 25, s. 1 (2).

Solicitor-client privilege preserved

(3)  Nothing in this Act shall operate so as to require the disclosure of information that is subject to solicitor-client privilege, litigation privilege or settlement privilege. 2010, c. 25, s. 1 (3).

Rules re directives, etc.

2.  (1)  A directive under this Act may exempt particular organizations or sectors or classes of organizations from any or all of the requirements of the directive. 2010, c. 25, s. 2 (1).

Same

(2)  A directive under this Act may be general or particular in its application, and may provide for different classes or categories. 2010, c. 25, s. 2 (2).

Public availability

(3)  Every directive and guideline under this Act,

(a) shall be made available to the public on request; and

(b) shall be publicly posted on at least one Government of Ontario website. 2010, c. 25, s. 2 (3).

Status

(4)  Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to directives or guidelines. 2010, c. 25, s. 2 (4).

Regulations

3.  (1)  The Lieutenant Governor in Council may make regulations,

(a) prescribing organizations that are designated broader public sector organizations for the purposes of the definition of that term;

(b) providing that a local board, or an organization that undertakes its activities for the purpose of profit to its shareholders, is a publicly funded organization, despite the definition of that term;

(c) excluding organizations from the definition of “publicly funded organization” in subsection 1 (1);

(d) defining or further specifying the meaning of any word or expression used in this Act but not defined in this Act. 2010, c. 25, s. 3 (1).

Same, directives, etc.

(2)  The Lieutenant Governor in Council may, by regulation, exercise the power to make a directive, guideline or minister’s regulation under this Act and, where the Lieutenant Governor in Council has done so, everything in this Act that applies with respect to that directive, guideline or regulation is deemed to apply with respect to the regulation made by the Lieutenant Governor in Council, with any necessary modification. 2010, c. 25, s. 3 (2).

PART II
LOBBYISTS AND CONSULTANTS

Lobbyists

No publicly funded lobbyists

4.  (1)  No organization to which this section applies shall engage a lobbyist to provide lobbyist services where the compensation for the services is paid,

(a) in the case of an organization referred to in clause (2) (b), from public funds; or

(b) in the case of an organization referred to in clause (2) (a), (c), (d), (e), (f) or (g),

Note: On January 1, 2015, the day named by proclamation of the Lieutenant Governor, clause (b) is amended by striking out “clause (2) (a), (c), (d), (e), (f) or (g)” in the portion before subclause (i) and substituting “clause (2) (a), (c), (d), (f) or (g)”. (See: 2014, c. 7, Sched. 2, ss. 1 (1), 3)

(i) from public funds, or

(ii) from revenues generated by the organization. 2010, c. 25, s. 4 (1).

Application

(2)  This section applies to,

(a) every agency of the Government of Ontario;

(b) every designated broader public sector organization;

(c) Hydro One Inc. and each of its subsidiaries;

(d) Ontario Power Generation Inc. and each of its subsidiaries;

(e) Ontario Power Authority;

Note: On January 1, 2015, the day named by proclamation of the Lieutenant Governor, clause (e) is repealed. (See: 2014, c. 7, Sched. 2, ss. 1 (2), 3)

(f) Independent Electricity System Operator; and

(g) every organization that is provided for in regulations made under subsection (6). 2010, c. 25, s. 4 (2).

Transitional

(3)  Where, immediately before this section applied to an organization, there was an agreement in place that provided for the payment of money by the organization for lobbyist services, and the compensation for the lobbyist services is to be paid from public funds or other revenues that may not be used for the purpose under this section, the agreement is deemed to contain the following provisions:

1. The lobbyist services are terminated on the earlier of the date that is 30 days after this section applies to the organization and the date that they would have otherwise been terminated under the agreement, despite any notice provisions required under the agreement.

2. The lobbyist may only charge, and shall only be paid for, lobbyist services provided to the organization under the agreement up to the date provided for in paragraph 1.

3. Unless inconsistent with paragraphs 1 and 2, all other terms and conditions related to the lobbyist services terminated in accordance with paragraph 1 that would otherwise survive the term of the agreement shall continue to apply to those services. 2010, c. 25, s. 4 (3).

No circumvention of prohibition on engaging lobbyists

(4)  No organization to which this section applies shall provide public funds, or other revenues that may not be used for the purpose, to any person or entity for the purpose of that person or entity engaging a lobbyist to provide lobbyist services to the organization. 2010, c. 25, s. 4 (4).

Saving, association fees

(5)  Subsection (4) does not operate in respect of membership fees paid by an organization to which this section applies, to be a member of an association that is established to represent the interests of a group or class of similar organizations. 2010, c. 25, s. 4 (5).

Regulations

(6)  The Minister responsible for this Part may make regulations,

(a) providing for additional organizations that this section applies to;

(b) exempting organizations from the prohibition under this section. 2010, c. 25, s. 4 (6).

Reporting re Use of Consultants

Reporting by LHINs

5.  (1)  Every local health integration network shall prepare reports approved by the local health integration network’s board concerning the use of consultants by the local health integration network. 2010, c. 25, s. 5 (1).

Directives

(2)  The Minister of Health and Long-Term Care may issue directives to local health integration networks respecting the reports, including directives with respect to,

(a) the information that shall be included in reports made under subsection (1);

(b) to whom the reports shall be submitted; and

(c) the form, manner and timing of the reports. 2010, c. 25, s. 5 (2).

Compliance

(3)  Every local health integration network shall comply with the directives. 2010, c. 25, s. 5 (3).

Reporting by hospitals

6.  (1)  Every hospital shall prepare reports concerning the use of consultants by the hospital that are approved by,

(a) in the case of a public hospital and the University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa, the hospital’s board; and

(b) in the case of a private hospital, the hospital’s superintendent. 2010, c. 25, s. 6 (1).

Directives

(2)  The Minister of Health and Long-Term Care may issue directives to hospitals respecting the reports, including directives with respect to,

(a) the information that shall be included in reports made under subsection (1);

(b) in addition to the board of the local health integration network, to whom the reports shall be submitted; and

(c) the form, manner and timing of the reports. 2010, c. 25, s. 6 (2).

Compliance

(3)  Every hospital shall comply with the directives. 2010, c. 25, s. 6 (3).

Regulations

7.  (1)  The Lieutenant Governor in Council may make regulations requiring designated broader public sector organizations to report on the use of consultants, including regulations respecting the content, form, manner and timing of the reports. 2010, c. 25, s. 7 (1).

Compliance

(2)  Every designated broader public sector organization to which the regulations apply shall comply with regulations. 2010, c. 25, s. 7 (2).

PART II.1
COMPENSATION ARRANGEMENTS

Interpretation

Interpretation

7.1  (1)  In this Part,

“cash compensation” means compensation that is the sum of salary and non-discretionary and discretionary payments, including, but not limited to, performance pay, incentive pay, bonuses and allowances; (“rémunération en espèces”)

“compensation” means anything paid or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle him or her to be paid, and includes salary, benefits, perquisites and all forms of non-discretionary and discretionary payments; (“rémunération”)

“compensation plan” means the provisions, however established, for the determination and administration of a person’s compensation; (“régime de rémunération”)

“designated employer” means an employer to which this Part applies by virtue of section 7.2; (“employeur désigné”)

“designated executive” means an employee to whom this Part applies by virtue of section 7.3; (“cadre désigné”)

“designated office holder” means an office holder to whom this Part applies by virtue of section 7.3; (“titulaire de charge désigné”)

“effective date”, in relation to a designated employer, designated executive or designated office holder, means the date determined under section 7.4; (“date d’effet”)

“performance pay” means compensation paid by an employer to an employee or office holder in respect of an assessment of his or her performance; (“prime de rendement”)

“prescribed” means prescribed by a regulation made under this Part; (“prescrit”)

“restraint measure” means a requirement set out in section 7.6, 7.7, 7.8, 7.9, 7.10, 7.11, 7.12, 7.13 or 7.16; (“mesure de restriction”)

“restraint period”, in relation to a designated employer, designated executive or designated office holder, means the period beginning on the applicable effective date and ending on the earlier of,

(a) the date specified in section 7.5, and

(b) the date the employer or individual ceases to be a designated employer, designated executive or designated office holder, as the case may be; (“période de restriction”)

“salary” means compensation that is the fixed or ascertainable amount an employee or office holder is entitled to be paid for each pay period. (“traitement”) 2012, c. 8, Sched. 4, s. 1.

Time off

(2)  For greater certainty, time off is a benefit for the purposes of this Part. 2012, c. 8, Sched. 4, s. 1.

Deemed employees

(3)  For the purposes of this Part, the directors, members and officers of an employer are deemed to be employees of the employer. 2012, c. 8, Sched. 4, s. 1.

Employer of office holders

(4)  A reference in this Part to the employer of an office holder is a reference to the employer to which the office holder is appointed, and the use of this terminology is not intended to create a deemed employment relationship between them for the purposes of this or any other Act or any law. 2012, c. 8, Sched. 4, s. 1.

Application

Employers

7.2  This Part applies to the following employers:

1. Every public hospital and the University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa.

2. Every school board.

3. Every university in Ontario and every college of applied arts and technology and post-secondary institution in Ontario whether or not affiliated with a university, the enrolments of which are counted for purposes of calculating annual operating grants and entitlements.

4. Hydro One Inc. and each of its subsidiaries.

5. Independent Electricity System Operator.

6. Ontario Power Authority.

Note: On January 1, 2015, the day named by proclamation of the Lieutenant Governor, paragraph 6 is repealed. (See: 2014, c. 7, Sched. 2, ss. 2, 3)

7. Ontario Power Generation Inc. and each of its subsidiaries.

8. Such other authorities, boards, commissions, committees, corporations, councils, foundations or organizations as may be prescribed for the purposes of this section. 2012, c. 8, Sched. 4, s. 1.

Employees and office holders

7.3  (1)  Unless a regulation excludes an employee or office holder or a class of employees or office holders from the application of this Part, this Part applies to an employee or office holder of a designated employer, if the condition in paragraph 1 and the condition in paragraph 2 are both met:

1. The employee or office holder,

i. is the head of the designated employer, regardless of whether the title of the position or office is chief executive officer, president or something else,

ii. is a full-time member of the board of directors, board of governors, board of trustees or other governing body of the designated employer,

iii. is a vice president, chief administrative officer, chief operating officer, chief financial officer or chief information officer of the designated employer or holds any other executive position or office with the designated employer, regardless of the title of the position or office,

iv. is the director of education, or a superintendent, of a designated employer that is a school board, or

v. is the provost or dean of a designated employer that is a university, college of applied arts and technology or post-secondary institution.

2. Under his or her compensation plan, the employee or office holder is entitled to receive or could potentially receive annual cash compensation of $100,000 or more in 2012, 2013 or 2014. For the purpose of this paragraph, if the employee or office holder works only a portion of a year, his or her cash compensation for the whole year shall be calculated as if he or she were entitled to receive or could potentially receive cash compensation for the remainder of the year at the same rate or level. 2012, c. 8, Sched. 4, s. 1.

Same

(2)  This Part applies to such other employees and office holders of a designated employer as may be prescribed. 2012, c. 8, Sched. 4, s. 1.

Exception re collective bargaining

(3)  Despite subsections (1) and (2), this Part does not apply to an employee who is represented by any of the following organizations which represent two or more employees for the purpose of collectively bargaining, with their employer, terms and conditions of employment relating to compensation:

1. An organization that engages in collective bargaining under the Labour Relations Act, 1995, the Education Act or the Colleges Collective Bargaining Act, 2008.

2. An organization that, before the employer’s effective date, collectively bargained, with the employer, terms and conditions of employment relating to compensation that were implemented before the employer’s effective date.

3. An organization that, before the employer’s effective date, has an established framework for collectively bargaining, with the employer, terms and conditions of employment relating to compensation.

4. Another prescribed organization. 2012, c. 8, Sched. 4, s. 1.

Restraint Measures

Effective date of restraint measures

7.4  (1)  The effective date of the restraint measures for designated employers, designated executives and designated office holders is March 31, 2012, except as otherwise provided in this section. 2012, c. 8, Sched. 4, s. 1.

Effective date for certain employers, etc.

(2)  If this Part applies to an employer by virtue of a regulation mentioned in paragraph 8 of section 7.2, the effective date of the restraint measures for the employer, its designated executives and its designated office holders is the date specified by the regulation, subject to subsections (4) and (5). 2012, c. 8, Sched. 4, s. 1.

Same

(3)  If this Part becomes applicable to an employer after March 31, 2012 by virtue of paragraph 1, 2, 3, 4 or 7 of section 7.2, the effective date of the restraint measures for the employer, its designated executives and its designated office holders is the date on which this Part becomes applicable to the employer, subject to subsections (4) and (5). 2012, c. 8, Sched. 4, s. 1.

Effective date for certain executives and office holders, etc.

(4)  If this Part applies to an employee or office holder by virtue of a regulation mentioned in subsection 7.3 (2), the effective date of the restraint measures for the employee or office holder is the date specified by the regulation. 2012, c. 8, Sched. 4, s. 1.

Same

(5)  If this Part becomes applicable to an employee or office holder after March 31, 2012 because the earliest date on which the employee or office holder first meets both the condition in paragraph 1 and the condition in paragraph 2 of subsection 7.3 (1) is after March 31, 2012, the effective date of the restraint measures for the employee or office holder is the date on which this Part becomes applicable to him or her. 2012, c. 8, Sched. 4, s. 1.

Expiry of certain restraint measures

7.5  (1)  The restraint measures in sections 7.6 to 7.13 expire on a day to be named by proclamation of the Lieutenant Governor. 2012, c. 8, Sched. 4, s. 1.

Proclamation

(2)  The Lieutenant Governor may by proclamation name the date on which the restraint measures in sections 7.6 to 7.13 expire. 2012, c. 8, Sched. 4, s. 1.

Expiry date

(3)  The date named in the proclamation must be on or after the day Public Accounts for a fiscal year are laid before the Assembly indicating that the Province did not have a deficit for that fiscal year. 2012, c. 8, Sched. 4, s. 1.

Interpretation, deficit

(4)  For the purposes of subsection (3), the Province is considered not to have a deficit for a fiscal year if the expenditures of the Province for the fiscal year do not exceed the revenues for the fiscal year. 2012, c. 8, Sched. 4, s. 1.

No increases under compensation plan

7.6  No designated employer shall, before the end of the restraint period, amend the compensation plan that is in effect on the employer’s effective date for the position of a designated executive or the office of a designated office holder, in any manner that would increase the salary, the salary range, or any benefit, perquisite or non-discretionary or discretionary payment that is required to be, or that may be, provided to a holder of that position or office under the compensation plan. 2012, c. 8, Sched. 4, s. 1.

No increase in salary

7.7  The salary of a designated executive or designated office holder under the compensation plan that is in effect for the position or office on his or her effective date cannot be increased before the end of the restraint period. 2012, c. 8, Sched. 4, s. 1.

No increase in benefits, perquisites and payments, etc.

7.8  (1)  Subject to subsection (3), a benefit, perquisite or payment provided to a designated executive or designated office holder under the compensation plan that is in effect for the position or office on his or her effective date cannot be increased before the end of the restraint period, and no new or additional benefits, perquisites or payments may be provided to a designated executive or designated office holder before the end of the restraint period. 2012, c. 8, Sched. 4, s. 1.

Payment

(2)  In this section, “payment” means cash compensation other than salary. 2012, c. 8, Sched. 4, s. 1.

Exception, payments

(3)  An increase in a payment, or a new or additional payment, may be provided to a designated executive or designated office holder before the end of the restraint period, if the increase or the new or additional payment,

(a) is in recognition of the designated executive’s or designated office holder’s,

(i) successful implementation of measures to reduce costs while protecting front-line service,

(ii) achievement of articulated government priorities, or

(iii) achievement of performance improvement targets set out in an annual quality improvement plan developed under the Excellent Care for All Act, 2010, if the designated employer is a public hospital; and

(b) is authorized under the compensation plan that is in effect for the position or office on his or her effective date. 2012, c. 8, Sched. 4, s. 1.

No increase in performance pay envelope

7.9  (1)  Every designated employer shall ensure that its performance pay envelope for any performance cycle that falls in whole or in part within the restraint period does not exceed its performance pay envelope for the last performance cycle, ending before the employer’s effective date, in respect of which the employer paid performance pay. 2012, c. 8, Sched. 4, s. 1.

Definitions

(2)  In this section,

“employee”, in relation to a designated employer, means, despite section 7.3, any employee of the employer, whether or not he or she is a designated executive, but does not include an employee described in subsection 7.3 (3); (“employé”)

“office holder”, in relation to a designated employer, means, despite section 7.3, any office holder of the employer, whether or not he or she is a designated office holder; (“titulaire de charge”)

“performance cycle”, in relation to a designated employer, means a period in respect of which the employer determines the performance pay to be paid to its employees and office holders; (“cycle de rendement”)

“performance pay envelope”, in relation to a designated employer, means the aggregate amount of all performance pay paid by the employer to its employees and office holders in respect of a specific performance cycle. (“enveloppe des primes de rendement”) 2012, c. 8, Sched. 4, s. 1.

No increase upon renewal, etc.

Designated executives

7.10  (1)  The renewal of a designated executive’s contract cannot, before the end of the restraint period, provide for compensation greater than that provided under the compensation plan that is in effect for the position on his or her effective date. 2012, c. 8, Sched. 4, s. 1.

Designated office holders

(2)  The renewal of a designated office holder’s appointment cannot, before the end of the restraint period, provide for compensation greater than that provided under the compensation plan that is in effect for the office on his or her effective date. 2012, c. 8, Sched. 4, s. 1.

Interpretation

(3)  If the designated executive has a new employment contract but remains in the same position, or if the designated office holder has a new appointment but remains in the same office, the new contract or appointment is deemed to be a renewal for the purposes of this section. 2012, c. 8, Sched. 4, s. 1.

New designated executives and office holders

New designated executives

7.11  (1)  If a person becomes a designated executive on or after March 31, 2012 and before the end of the restraint period, his or her compensation plan must not provide for compensation greater than that provided under the compensation plan that is in effect on his or her effective date for other employees in the same or a similar position with the same designated employer. 2012, c. 8, Sched. 4, s. 1.

New designated office holders

(2)  If a person becomes a designated office holder on or after March 31, 2012 and before the end of the restraint period, his or her compensation plan must not provide for compensation greater than that provided under the compensation plan that is in effect on his or her effective date for other holders of the same or a similar office with the same designated employer. 2012, c. 8, Sched. 4, s. 1.

Change of position or office

7.12  If, before the end of the restraint period, a designated executive or designated office holder accepts a new position or office with a designated employer but continues to be a designated executive or designated office holder, his or her new compensation plan must not provide for compensation greater than that provided under the compensation plan that, on the date he or she accepts the new position or office, is in effect for other employees or office holders in the same or a similar position or office with the same designated employer. 2012, c. 8, Sched. 4, s. 1.

Bona fide restructuring, etc.

7.13  A designated employer shall not, before the end of the restraint period, alter the title of a position or office or carry out any other restructuring that would result in a restraint measure not applying to one or more employees or office holders to whom the restraint measure would otherwise have applied, unless the title alteration or other restructuring is carried out solely for a bona fide purpose other than to prevent the restraint measure from applying to one or more employees or office holders. 2012, c. 8, Sched. 4, s. 1.

Effect of amendment of benefit plan, etc.

7.14  If, on his or her effective date, a designated executive or designated office holder participates in a group sickness or accident insurance plan, a private health services plan, or a group term life insurance policy, that is applicable to all or most of the employees of the designated employer, any amendment applicable to all or most of the employees of the designated employer that is made to the plan or policy after that effective date does not constitute an increase in a benefit or a new or additional benefit for the purposes of this Part. 2012, c. 8, Sched. 4, s. 1.

Effect of cost increases

7.15  If a designated employer’s cost of providing a benefit, perquisite or payment under a compensation plan as it existed on the employer’s effective date increases after that effective date, the increase in the designated employer’s cost does not constitute an increase in the benefit, perquisite or payment for the purposes of this Part. 2012, c. 8, Sched. 4, s. 1.

No future compensation re restraint measures

7.16  A compensation plan cannot provide compensation to an employee or office holder after the end of the restraint period for compensation that he or she did not receive as a result of the restraint measures in this Part. 2012, c. 8, Sched. 4, s. 1.

Conflict with this Part

7.17  (1)  This Part prevails over any provision of a compensation plan and, if there is a conflict between this Part and a compensation plan, the compensation plan is inoperative to the extent of the conflict. 2012, c. 8, Sched. 4, s. 1.

Same

(2)  This Part prevails over any other Part of this Act, over any other Act and over any regulation, by-law or other statutory instrument. 2012, c. 8, Sched. 4, s. 1.

Exception

(3)  Nothing in this Part shall be interpreted or applied so as to reduce any right or entitlement under the Human Rights Code or the Pay Equity Act. 2012, c. 8, Sched. 4, s. 1.

Same

(4)  Nothing in this Part shall be interpreted or applied so as to reduce any right or entitlement provided under section 42 (Equal pay for equal work) or 44 (Differentiation prohibited) of the Employment Standards Act, 2000. 2012, c. 8, Sched. 4, s. 1.

Same

(5)  If the insurance plan under the Workplace Safety and Insurance Act, 1997 did not apply to an individual on his or her effective date, nothing in this Part shall be interpreted or applied so as to prevent the insurance plan from applying to the individual after that effective date. 2012, c. 8, Sched. 4, s. 1.

Compliance Reports

Compliance reports

7.18  (1)  Every designated employer shall prepare reports signed by the employer’s highest ranking officer, certifying whether the employer has complied with the restraint measures throughout the reporting period. 2012, c. 8, Sched. 4, s. 1.

Directives re compliance reports

(2)  The Minister responsible for this Part may issue directives to designated employers respecting the reports. 2012, c. 8, Sched. 4, s. 1.

Examples

(3)  Without limiting the generality of subsection (2), the directives may specify the information that must be included in the reports, the persons to whom the reports must be submitted and the form, manner, timing and other requirements related to submitting the reports. 2012, c. 8, Sched. 4, s. 1.

Compensation Studies

Directives re compensation studies

7.19  (1)  The Management Board of Cabinet may issue directives to designated employers requiring them to conduct compensation studies for the purpose of determining the appropriate compensation for the positions and offices held by designated executives and designated office holders. 2012, c. 8, Sched. 4, s. 1.

Examples

(2)  Without limiting the generality of subsection (1), the directives may,

(a) specify the types of compensation that must be dealt with in the compensation studies, the information that must be included in the compensation studies, the factors that must be taken into account in conducting the compensation studies, and the frequency with which the compensation studies must be conducted;

(b) require designated employers to prepare reports of the results of the compensation studies they conduct and specify the information that must be included in the reports, the persons to whom the reports must be submitted and the form, manner, timing and other requirements related to submitting the reports;

(c) require designated employers to post the reports mentioned in clause (b) and specify the manner, timing and other requirements related to posting the reports. 2012, c. 8, Sched. 4, s. 1.

Compliance

(3)  Every designated employer to which a directive applies shall comply with the directive. 2012, c. 8, Sched. 4, s. 1.

Regulations

Regulations

7.20  (1)  The Lieutenant Governor in Council may make regulations in respect of any matter that, in this Part, is permitted or required to be prescribed, provided or specified by regulation. 2012, c. 8, Sched. 4, s. 1.

Retroactivity

(2)  A regulation mentioned in paragraph 8 of section 7.2 may be made retroactive to a date no earlier than March 31, 2012. 2012, c. 8, Sched. 4, s. 1.

PART III
PUBLIC REPORTING OF EXPENSE CLAIM INFORMATION

Public posting of expenses by LHINs and hospitals

8.  (1)  Every local health integration network and every hospital shall, in compliance with directives made under subsection (2), post on its public website information about expense claims that is required to be posted under the directives. 2010, c. 25, s. 8 (1).

Directives

(2)  The Minister of Health and Long-Term Care may issue directives respecting the information about expense claims that is to be posted on a public website for the purposes of subsection (1). 2010, c. 25, s. 8 (2).

Same

(3)  Without limiting the generality of subsection (2), the directives shall provide for,

(a) designation of the individuals, including board members and senior managers, whose expense claim information must be posted;

(b) the information in expense claims that is required to be posted, and the form and manner in which the information is to be posted;

(c) the timing and frequency of when expense claim information must be posted; and

(d) the duration of time for which expense claim information must be posted. 2010, c. 25, s. 8 (3).

Public posting of expenses by broader public sector organizations

9.  (1)  The Lieutenant Governor in Council may make regulations establishing rules for public posting of expenses by broader public sector organizations. 2010, c. 25, s. 9 (1).

Compliance

(2)  Every organization to which the regulations apply shall comply with the regulations. 2010, c. 25, s. 9 (2).

PART IV
EXPENSE CLAIMS: ALLOWABLE EXPENSES

Directives for designated broader public sector organizations

10.  (1)  The Management Board of Cabinet may issue directives requiring designated broader public sector organizations to establish expense rules. 2010, c. 25, s. 10 (1).

Allowable expense

(2)  An expense is an allowable expense, and may be reimbursed by a designated broader public sector organization if the expense meets the requirements set out in the rules made under the directives. 2010, c. 25, s. 10 (2).

Not allowable expense

(3)  An expense is not an allowable expense, and shall not be reimbursed by a designated broader public sector organization, if the expense does not meet the requirements set out in the rules made under the directives. 2010, c. 25, s. 10 (3).

Examples

(4)  Without limiting the generality of subsection (1), the directives may require designated broader public sector organizations to establish rules that,

(a) impose restrictions on who may make expense claims, on the types of expenses or the amounts that may be claimed or the circumstances in which the expense claims may be made;

(b) require specified information or documents to be supplied or kept in support of an expense claim;

(c) require the establishment of procedural requirements for making expense claims; and

(d) meet any standards set out in the directives. 2010, c. 25, s. 10 (4).

Compliance

(5)  Every designated broader public sector organization to which the directives apply shall comply with the directives. 2010, c. 25, s. 10 (5).

Guidelines for publicly funded organizations

11.  The Management Board of Cabinet may make guidelines with respect to allowable expenses for publicly funded organizations. 2010, c. 25, s. 11.

PART IV.1
PERQUISITES

Directives about perquisites, designated broader public sector organizations

11.1  (1)  The Management Board of Cabinet may issue directives requiring designated broader public sector organizations to establish rules about perquisites. 2011, c. 9, Sched. 4, s. 1.

Allowable perquisite

(2)  A perquisite is an allowable perquisite, and may be provided by a designated broader public sector organization, if the perquisite meets the requirements set out in the rules made under the directives. 2011, c. 9, Sched. 4, s. 1.

Not allowable perquisite

(3)  A perquisite is not an allowable perquisite, and shall not be provided by a designated broader public sector organization, if the perquisite does not meet the requirements set out in the rules made under the directives. 2011, c. 9, Sched. 4, s. 1.

Examples

(4)  Without limiting the generality of subsection (1), the directives may require designated broader public sector organizations to establish rules that,

(a) impose restrictions on who may receive perquisites, on the types of perquisites or the amounts that may be expended or on the circumstances in which the perquisites may be provided or used;

(b) require specified information or documents to be supplied or kept in support of a perquisite;

(c) require the establishment of procedural requirements for providing or using perquisites; and

(d) meet any standards set out in the directives. 2011, c. 9, Sched. 4, s. 1.

Compliance

(5)  Every designated broader public sector organization to which the directives apply shall comply with the directives. 2011, c. 9, Sched. 4, s. 1.

Guidelines about perquisites, publicly funded organizations

11.2  The Management Board of Cabinet may make guidelines with respect to allowable perquisites for publicly funded organizations. 2011, c. 9, Sched. 4, s. 1.

PART V
PROCUREMENT STANDARDS

Directives

12.  (1)  The Management Board of Cabinet may issue directives governing the procurement of goods and services by designated broader public sector organizations. 2010, c. 25, s. 12 (1).

Same

(2)  Without limiting the generality of subsection (1), the directives may incorporate by reference a Government of Ontario policy or directive, in whole or in part, as amended from time to time. 2010, c. 25, s. 12 (2).

Compliance

(3)  Every designated broader public sector organization to which the directives apply shall comply with the directives. 2010, c. 25, s. 12 (3).

Guidelines for publicly funded organizations

13.  The Management Board of Cabinet may make guidelines with respect to the procurement of goods and services by publicly funded organizations. 2010, c. 25, s. 13.

PART VI
COMPLIANCE REPORTS

LHINs

14.  (1)  Every local health integration network shall prepare attestations, made by its chief executive officer and approved by its board, attesting to,

(a) the completion and accuracy of reports required on the use of consultants;

(b) compliance with the prohibition on engaging lobbyist services using public funds;

(c) compliance with the expense claim directives issued by the Management Board of Cabinet;

(c.1) compliance with the perquisites directives issued by the Management Board of Cabinet; and

(d) compliance with procurement directives issued by the Management Board of Cabinet. 2010, c. 25, s. 14 (1); 2011, c. 9, Sched. 4, s. 2.

Directives

(2)  The Minister of Health and Long-Term Care may issue directives respecting the attestations, including directives with respect to,

(a) the information that shall be included in the attestations and any other information in relation to the attestations;

(b) to whom the attestations shall be submitted; and

(c) the form, manner and timing of the attestations. 2010, c. 25, s. 14 (2).

Compliance

(3)  Every local health integration network shall comply with the directives. 2010, c. 25, s. 14 (3).

Posting

(4)  Every local health integration network shall publicly post the attestations on their website. 2010, c. 25, s. 14 (4).

Hospitals

15.  (1)  Every hospital shall prepare attestations attesting to,

(a) the completion and accuracy of reports required on the use of consultants;

(b) compliance with the prohibition on engaging lobbyist services using public funds;

(c) compliance with the expense claim directives issued by the Management Board of Cabinet;

(c.1) compliance with the perquisites directives issued by the Management Board of Cabinet; and

(d) compliance with procurement directives issued by the Management Board of Cabinet. 2010, c. 25, s. 15 (1); 2011, c. 9, Sched. 4, s. 3.

Who shall make attestations

(2)  An attestation must be approved by the hospital’s board, if it has one, and shall be made by,

(a) in the case of a public hospital, the administrator;

(b) in the case of a private hospital, the superintendent; and

(c) in the case of the University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa, its chief executive officer. 2010, c. 25, s. 15 (2).

Directives

(3)  The Minister of Health and Long-Term Care may issue directives respecting the attestation, including directives with respect to,

(a) the information that shall be included in the attestations and any other information in relation to the attestations;

(b) to whom the attestations shall be submitted; and

(c) the form, manner and timing of the attestations. 2010, c. 25, s. 15 (3).

Compliance

(4)  Every hospital shall comply with the directives. 2010, c. 25, s. 15 (4).

Posting

(5)  Every hospital shall publicly post the attestations on their website. 2010, c. 25, s. 15 (5).

Other organizations

16.  (1)  The Lieutenant Governor in Council may make regulations requiring broader public sector organizations to file attestations about compliance with the requirements under this Act, and governing the content, form, manner and timing of those attestations. 2010, c. 25, s. 16 (1).

Compliance

(2)  Every organization to which the regulations apply shall comply with the regulations. 2010, c. 25, s. 16 (2).

PART VII
ENFORCEMENT PROVISIONS

LHINs

17.  Every obligation of a local health integration network under this Act is deemed to be an obligation it is required to comply with under the terms of the accountability agreement required under section 18 of the Local Health System Integration Act, 2006. 2010, c. 25, s. 17.

Hospitals

18.  Every obligation of a hospital under this Act is deemed to be an obligation it is required to comply with under the terms of the service accountability agreement required under section 20 of the Local Health System Integration Act, 2006. 2010, c. 25, s. 18.

Other organizations

19.  Every obligation of a broader public sector organization under this Act is deemed to be an obligation it is required to comply with under the terms of every agreement or other funding arrangement between the organization and the Government of Ontario or between the organization and an agency of the Government of Ontario. 2010, c. 25, s. 19.

Employment agreements

20.  (1)  Every employment or other agreement between a hospital or a local health integration network and a person employed by the hospital or network in a senior management position is deemed to contain a term providing that the hospital’s or the network’s obligations under this Act are also the obligations of the person employed by the hospital or network. 2010, c. 25, s. 20 (1).

Reduction in compensation

(2)  Despite any employment or other agreement, the board of a hospital or local health integration network, or the superintendent of a private hospital, may, in addition to any other remedy under the agreement or at common law, reduce the compensation of a person employed in a senior management position where the board or superintendent determines that the person has failed to meet a requirement under this Act. 2010, c. 25, s. 20 (2).

Terms of agreements

21.  (1)  Any provision in an agreement that conflicts with a requirement under Part II, III, IV, IV.1, VI or this Part is not valid or enforceable by any party to the agreement, whether the agreement was entered into before or after the coming into force of that Part. 2010, c. 25, s. 21 (1); 2011, c. 9, Sched. 4, s. 4.

Otherwise valid agreements

(2)  Nothing in this section affects the validity of any provision in an agreement that does not conflict with a Part of this Act mentioned in subsection (1), or with any right of payment for anything done or provided at a time when the provision was not in conflict with the Part. 2010, c. 25, s. 21 (2).

Transitional

(3)  An agreement entered into before Part V applies to a designated broader public sector organization is not invalid on the basis that the procurement process used by the organization does not comply with any directive issued under that Part. 2010, c. 25, s. 21 (3).

Same

(4)  A directive issued under Part V does not apply to a procurement process where a designated broader public sector organization has issued a request for proposal before the directive applied to the organization. 2010, c. 25, s. 21 (4).

Limitations on remedies

22.  (1)  No cause of action arises against the Crown, or any of the Crown’s ministers, agents, appointees and employees, or an organization subject to this Act, as a direct or indirect result of,

(a) the enactment or repeal of any provision of this Act;

(b) the making or revocation of any provision of the regulations, directives or guidelines made under this Act; or

(c) anything done or not done in accordance with this Act or the regulations or the directives or guidelines. 2010, c. 25, s. 22 (1).

Same

(2)  Without limiting the generality of subsection (1), that subsection applies to an action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, including loss of revenue and loss of profit, or any other remedy or relief. 2010, c. 25, s. 22 (2).

Proceedings barred

(3)  No proceeding, including but not limited to any proceeding in contract, restitution, tort, trust, fiduciary obligation or otherwise, that is directly or indirectly based on or related to anything referred to in clause (1) (a), (b) or (c) may be brought or maintained against the Crown or any of the Crown’s ministers, agents, appointees and employees or an organization subject to this Act. 2010, c. 25, s. 22 (3).

No judicial review

(4)  Despite any other Act or law, no person may bring an application for judicial review of a directive issued under Part V or a procurement process undertaken under a directive. 2010, c. 25, s. 22 (4).

Rights preserved

(5)  Subsections (1), (2), (3) and (4) do not prevent the Attorney General from bringing an application or commencing proceedings to require an organization subject to this Act to comply with this Act and its regulations and directives. 2010, c. 25, s. 22 (5).

Same

(6)  Subsections (1), (2), (3) and (4) do not prevent the enforcement of an agreement or funding arrangement referred to in sections 17, 18 and 19. 2010, c. 25, s. 22 (6).

No compensation

23.  (1)  Despite any other Act or law, no person is entitled to any compensation for any loss or damages, including loss of revenues or loss of profit, arising from the enactment or application of this Act or anything done in accordance with this Act, the regulations or directives, including,

(a) the termination of an agreement in accordance with subsection 4 (3);

(b) the termination of an agreement in accordance with section 19;

(c) a reduction in compensation in accordance with subsection 20 (2);

(d) the invalidity or unenforceability of an agreement by reason of section 21; or

(e) the inoperability of a compensation plan by reason of subsection 7.17 (1). 2010, c. 25, s. 23 (1); 2012, c. 8, Sched. 4, s. 2.

Saving

(2)  Subject to subsection (3), subsection (1) does not bar any action against a designated broader public sector organization for failure to meet a common law duty owed during a procurement process undertaken by the designated broader public sector organization. 2010, c. 25, s. 23 (2).

Same

(3)  A duty referred to in subsection (2) does not include an obligation of a designated broader public sector organization arising from a directive issued under this Act. 2010, c. 25, s. 23 (3).

PART VIII (OMITTED)

24.  Omitted (amends, repeals or revokes other legislation). 2010, c. 25, s. 24.

PART IX (OMITTED)

25.-28.  Omitted (amends, repeals or revokes other legislation). 2010, c. 25, ss. 25-28.

PART X (OMITTED)

29.  Omitted (provides for coming into force of provisions of this Act). 2010, c. 25, s. 29.

30.  Omitted (enacts short title of this Act). 2010, c. 25, s. 30.

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