Improving Customer Service for Road Users Act, 2001

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Sections36

• 1Definitions

  1 In this Act, “delegate” means an individual, partnership, corporation or other legal entity to whom the Minister delegates the responsibility to deliver program services or a power or duty in accordance with this Act; (“délégataire”) “delegation” means, in relation to a power, duty or responsibility, a grant of authority to exercise that power, perform that duty or discharge that responsibility, and includes the grant of a licence to exercise that power, perform that duty or discharge that responsibility and “delegate”, as a verb, has a corresponding meaning; (“délégation”, “déléguer”) “Minister” means the Minister of Transportation or such other member of the Executive Council to whom the administration of Acts assigned to the Minister of Transportation may be assigned under the Executive Council Act; (“ministre”) “Ministry” means the ministry of the Minister; (“ministère”) “subdelega…

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• 2Delegation – responsibilities to deliver services

  2 (1) The Minister may enter into an agreement with one or more individuals, partnerships, corporations or other legal entities delegating to them the responsibility of the Minister, the Ministry, the Registrar of Motor Vehicles or any other official or employee of the Ministry to deliver all or some of the services of a road user program. 2001, c. 18, s. 2 (1). Same – powers and duties (2) The Minister may enter into an agreement with one or more individuals, partnerships, corporations or other legal entities delegating to them any powers or duties, under an Act or regulation, of the Minister, the Ministry, the Registrar of Motor Vehicles or any other official or employee of the Ministry, that are related to the delivery of services of a road user program. 2001, c. 18, s. 2 (2). Limitation (3) The Minister shall not delegate a power to make regulations or to establish program standards …

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• 3Contents of delegation agreement

  3 (1) A delegation agreement shall contain any limitations, conditions and requirements applicable to the delegation and may include other provisions that the Minister considers advisable in the public interest, including provisions, (a) requiring that the delegate comply with applicable Ministry standards and policies, including standards and policies relating to quality assurance and audits; (b) setting the financial terms of the delegation; (c) authorizing the delegate to collect from the public, in respect of a delegated power, duty or responsibility, any fees provided for in an Act or regulation administered by the Minister and any fees established by the Minister under subsection (2) and to retain all or part of such fees; (d) authorizing the delegate to provide to the public any services specified in the agreement or subsequently approved by the Minister that are ancillary to the …

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• 4Regulation required to make delegation effective

  4 A delegation under a delegation agreement is not effective unless the Lieutenant Governor in Council makes a regulation, (a) prescribing the powers, duties and responsibilities that are to be delegated by a delegation agreement; (b) specifying the individuals, partnerships, corporations or other legal entities to whom such powers, duties and responsibilities are to be delegated; and (c) specifying the date on which the delegation becomes effective. 2001, c. 18, s. 4.

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• 5Subdelegation

  5 (1) A delegate may subdelegate any delegated powers, duties or responsibilities by means of any kind of business arrangement, subject to the Minister’s approval and to any limitations, conditions and requirements that the Minister may impose. 2001, c. 18, s. 5 (1). Subdelegation agreement (2) An agreement that subdelegates any powers, duties or responsibilities shall contain any limitations, conditions and requirements applicable to the subdelegation and the Minister may require that the agreement include other provisions that the Minister considers advisable in the public interest, including provisions, (a) requiring that the subdelegate comply with applicable Ministry standards and policies, including standards and policies relating to quality assurance and audits; (b) setting the financial terms of the subdelegation; (c) authorizing the subdelegate to collect from the public, in res…

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• 6Unilateral amendment of delegation agreement by Minister

  6 (1) The Minister may amend a delegation agreement without the agreement of the delegate, including by adding limitations, conditions and requirements applicable to the delegation, and such amendment shall prevail over any conflicting provisions in the delegation agreement as agreed to by the Minister and the delegate, and shall be deemed to form a part of the delegation agreement. 2001, c. 18, s. 6 (1). Notice to delegate (2) An amendment may be made under subsection (1) by personally delivering to the delegate written notice of the amendment and it is effective immediately upon the notice being delivered to the delegate or on a later date that is specified in the notice. 2001, c. 18, s. 6 (2). Notice to subdelegate (3) Where the Minister amends a delegation agreement under subsection (1), the delegate shall give notice of the amendment to any subdelegate as provided in the delegation …

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• 7Revocation of delegation

  7 (1) The Lieutenant Governor in Council may by regulation revoke a delegation if, in the opinion of the Lieutenant Governor in Council, (a) the delegate or subdelegate has contravened or failed to comply with this Act, including the obligations imposed on them under section 9 with respect to records or personal information, or the regulations made under this Act; (b) the delegate or subdelegate has contravened or failed to comply with the Act or regulation containing or authorizing the delegated powers, duties or responsibilities; (c) the delegate has contravened or failed to comply with or repudiates, in whole or in part, the delegation agreement or the subdelegate has contravened or failed to comply with or repudiates, in whole or in part, the subdelegation agreement; or (d) it is in the public interest to do so. 2001, c. 18, s. 7 (1). Revocation of subdelegation (2) If the Lieutenant…

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• 8Obligations of delegate

  8 (1) A delegate shall exercise, perform or discharge the delegated powers, duties or responsibilities in accordance with the law and, in particular, in accordance with this Act, the Act or regulation containing or authorizing the delegated powers, duties or responsibilities and the delegation agreement. 2001, c. 18, s. 8 (1). Obligations of subdelegate (2) A subdelegate shall exercise, perform or discharge the subdelegated powers, duties or responsibilities in accordance with the law and, in particular, in accordance with this Act, the Act or regulation containing or authorizing the subdelegated powers, duties or responsibilities and the subdelegation agreement. 2001, c. 18, s. 8 (2).

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• 9Application of Freedom of Information and Protection of Privacy Act

  9 (1) The Freedom of Information and Protection of Privacy Act applies to all records of the delegate and any subdelegate that are integral to the exercise, performance or discharge of the delegated powers, duties or responsibilities and such records shall be deemed to be under the control of the Ministry for the purposes of that Act. 2001, c. 18, s. 9 (1). Compliance with policies (2) The delegate and any subdelegate shall comply with all policies of the Government of Ontario and of the Ministry that relate to the records described in subsection (1). 2001, c. 18, s. 9 (2). Personal information (3) The delegate and any subdelegate may collect, use and disclose personal information, but only for the purpose of exercising, performing or discharging the delegated powers, duties or responsibilities. 2001, c. 18, s. 9 (3). Privacy officer (4) The delegate and any subdelegate shall appoint a p…

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• 10Obligations to report to a delegate

  10 (1) The Lieutenant Governor in Council may by regulation provide that any person or class of persons who is required by another Act or regulation to give information or a report to the Minister, the Registrar of Motor Vehicles or any other official or employee of the Ministry shall give the information or report, or a part of the information or report, to the delegate or subdelegate as specified in the regulation and, (a) shall also give the information or report, or a specified part of the information or report, to the person named in the other Act or regulation; or (b) shall not give the information or report, or a specified part of the information or report, to the person named in the other Act or regulation. 2001, c. 18, s. 10 (1). Reports privileged (2) Where the other Act or regulation referred to in subsection (1) provides that the information or report is privileged for the in…

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• 11Minister may appoint directors

  11 (1) If a delegation agreement with a corporation without share capital so provides, the Minister may appoint one or more persons to the board of directors of the delegate, as specified in the agreement, for such terms of office as the Minister considers appropriate. 2001, c. 18, s. 11 (1). Remuneration, expenses of Ministerial appointees (2) The remuneration and expenses of the directors appointed by the Minister shall be the responsibility of the delegate. 2001, c. 18, s. 11 (2).

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• 12Delegate, subdelegate not a Crown agency

  12 A delegate or subdelegate is not, for any purposes, a Crown agency within the meaning of the Crown Agency Act or an agent of the Crown and shall not hold themself out as such. 2001, c. 18, s. 12.

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• 13Reports

  13 (1) A delegate shall report annually to the Minister on the activities of the delegate and any subdelegate over the previous year with respect to the delegated powers, duties or responsibilities. 2001, c. 18, s. 13 (1). Additional reports (2) A delegate shall provide additional reports to the Minister as may be required by the delegation agreement or requested by the Minister. 2001, c. 18, s. 13 (2). Same (3) A subdelegate shall provide any report to the Minister as may be required by the subdelegation agreement or requested by the Minister. 2001, c. 18, s. 13 (3). Notice to Minister (4) A delegate and any subdelegate shall advise the Minister promptly of any matter related to the delegated powers, duties or responsibilities that is a matter of public safety or public interest. 2001, c. 18, s. 13 (4).

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• 14Crown not liable for delegate’s or subdelegate’s acts

  14 (1) No action or other proceeding shall be instituted against the Crown, the Minister, the Registrar of Motor Vehicles or any other official or employee of the Ministry for any act of a delegate or subdelegate or employee or agent of a delegate or subdelegate in the execution or intended execution of a power, duty or responsibility delegated under this Act or for an alleged neglect or default in the execution or intended execution of a power, duty or responsibility delegated under this Act. 2001, c. 18, s. 14 (1). Crown not liable for delegation, subdelegation (2) No action or other proceeding shall be instituted against the Minister, the Registrar of Motor Vehicles or any other official or employee of the Ministry for any act done in good faith in the execution or intended execution of a power or duty under this Act or for any alleged neglect or default in the execution in good faith…

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• 15Offence

  15 (1) A delegate or subdelegate that contravenes or fails to comply with this Act, the Act or regulation containing or authorizing the delegated powers, duties or responsibilities or the regulations under this Act or under the Act containing or authorizing the delegated powers, duties or responsibilities is guilty of an offence and on conviction is liable to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues. 2001, c. 18, s. 15 (1). Same (2) A director, officer, employee or agent of a delegate or subdelegate who knowingly contravenes or fails to comply with this Act, the Act or regulation containing or authorizing the delegated powers, duties or responsibilities or the regulations under this Act or under the Act containing or authorizing the delegated powers, duties or responsibilities is guilty of an offence. 2001, c. 18, s. 15 (2). …

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• 16Regulations

  16 (1) The Lieutenant Governor in Council may make regulations, (a) deeming a program to be a road user program for the purposes of section 2; (b) prescribing powers, duties and responsibilities relating to the enforcement of a provision of an Act or regulation governing commercial motor vehicles for the purpose of subsection 2 (4); (c) prescribing the powers, duties and responsibilities of the Minister, the Ministry, the Registrar of Motor Vehicles or any other official or employee of the Ministry that are to be delegated under a delegation agreement; (d) specifying the delegate to whom such powers, duties and responsibilities are to be delegated; (e) specifying the date on which the delegation becomes effective; (f) respecting any matter that the Lieutenant Governor in Council considers advisable to carry out effectively the intent and purpose of this Act or of an Act or regulation con…

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• 17

  17 Omitted (provides for coming into force of provisions of this Act). 2001, c. 18, s. 17.

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• 18

  18 Omitted (enacts short title of this Act). 2001, c. 18, s. 18. ______________

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