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Ministry of Citizenship and Culture Act

R.S.O. 1990, CHAPTER M.18

Consolidation Period: From May 17, 2007 to the e-Laws currency date.

Last amendment: 2007, c. 7, Sched. 24.

Definitions

1.  In this Act,

“Deputy Minister” means the Deputy Minister of Citizenship and Culture; (“sous-ministre”)

“Minister” means the member of the Executive Council responsible for the administration of this Act; (“ministre”)

“Ministry” means the Ministry of Citizenship and Culture. (“ministère”) R.S.O. 1990, c. M.18, s. 1.

Ministry

2.  There shall be a ministry of the public service to be known in English as the Ministry of Citizenship and Culture and in French as ministère des Affaires civiques et culturelles. R.S.O. 1990, c. M.18, s. 2.

Minister to have charge

3.  The Minister shall preside over and have charge of the Ministry and has power to act for and on behalf of the Ministry. R.S.O. 1990, c. M.18, s. 3.

Objectives of Ministry

4.  It is the function of the Ministry,

(a) to encourage full, equal and responsible citizenship among the residents of Ontario;

(b) recognizing the pluralistic nature of Ontario society, to stress the full participation of all Ontarians as equal members of the community, encouraging the sharing of cultural heritage while affirming those elements held in common by all residents;

(c) to ensure the creative and participatory nature of cultural life in Ontario by assisting in the stimulation of cultural expression and cultural preservation;

(d) to foster the development of individual and community excellence, enabling Ontarians to better define the richness of their diversity and the shared vision of their community. R.S.O. 1990, c. M.18, s. 4.

Administration of Acts

5.  (1)  The Minister is responsible for the administration of this Act and the Acts that are assigned to the Minister by the Legislature or by the Lieutenant Governor in Council. R.S.O. 1990, c. M.18, s. 5 (1).

Annual report

(2)  The Minister after the close of each year shall submit to the Lieutenant Governor in Council an annual report upon the affairs of the Ministry and shall then lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. M.18, s. 5 (2).

Deputy Minister

6.  (1)  The Lieutenant Governor in Council shall appoint a Deputy Minister of Citizenship and Culture who shall be the deputy head of the Ministry. R.S.O. 1990, c. M.18, s. 6 (1).

Idem

(2)  Under the direction of the Minister, the Deputy Minister shall perform such duties as the Minister may assign or delegate to the Deputy Minister. R.S.O. 1990, c. M.18, s. 6 (2).

Delegation of powers and duties

7.  (1)  Where, under this or any other Act, a power or duty is granted to or vested in the Minister, the Minister may in writing delegate that power or duty to the Deputy Minister or to any employee of the Ministry, subject to such limitations, restrictions, conditions and requirements as may be set out in the delegation. R.S.O. 1990, c. M.18, s. 7 (1); 1993, c. 27, Sched.

Contracts and agreements

(2)  Despite the Executive Council Act, a contract or an agreement made by a person empowered to do so under a delegation made under subsection (1) has the same effect as if made and signed by the Minister. R.S.O. 1990, c. M.18, s. 7 (2).

Protection from personal liability

8.  (1)  No action or other proceeding for damages shall be instituted against the Deputy Minister or any employee of the Ministry, or anyone acting under the Deputy Minister’s authority, for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty. R.S.O. 1990, c. M.18, s. 8 (1).

Crown liability

(2)  Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort as if subsection (1) had not been enacted. R.S.O. 1990, c. M.18, s. 8 (2).

Inspection of financial records

9.  (1)  The Minister may, upon request, inspect any document or record relating to financial assistance given by the Ministry and may require the recipient of financial assistance to prepare and submit a financial statement setting out the details of the disposition of the financial assistance. R.S.O. 1990, c. M.18, s. 9 (1).

Offence

(2)  No person shall obstruct the Minister or a person acting under the Minister’s authority in an inspection under subsection (1). R.S.O. 1990, c. M.18, s. 9 (2).

Penalty

(3)  Every person who knowingly contravenes subsection (2) and every director or officer of a corporation who knowingly concurs in such contravention is guilty of an offence and on conviction is liable to a fine of not more than $2,000. R.S.O. 1990, c. M.18, s. 9 (3).

Idem

(4)  Despite subsection (3), where a corporation is convicted of an offence under subsection (3) the maximum penalty that may be imposed upon the corporation is $25,000. R.S.O. 1990, c. M.18, s. 9 (4).

Seal

10.  (1)  The Lieutenant Governor in Council may authorize a seal for the Ministry. R.S.O. 1990, c. M.18, s. 10 (1).

Idem

(2)  The seal may be reproduced by engraving, lithographing, printing or any other method of mechanical reproduction and, when so reproduced, has the same effect as if manually affixed. R.S.O. 1990, c. M.18, s. 10 (2).

Fees

10.1  (1)  The Minister may establish and charge fees to recover the costs of any services that are provided by the Ministry. 2007, c. 7, Sched. 24, s. 1.

Refunds

(2)  The Minister may refund all or any part of a fee charged under this section. 2007, c. 7, Sched. 24, s. 1.

Capital expenditures financed through The Ontario Universities Capital Aid Corporation

11.  (1)  The Minister may determine the amount of any capital expenditure of the Art Gallery of Ontario or The Royal Ontario Museum that may be financed through The Ontario Universities Capital Aid Corporation, and debentures may be purchased from the Art Gallery of Ontario or The Royal Ontario Museum by the Corporation only on the recommendation of the Minister. R.S.O. 1990, c. M.18, s. 11 (1).

(2)  Repealed: 2002, c. 17, Sched. F, Table.

12.  Repealed: 1998, c. 18, Sched. D, s. 1.

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