Broader Public Sector Accountability Act, 2010

Bills that amended this Act0

No published amendment links yet for this Act.

Sections148

• [s0]

  part i interpretation

• PART I INTERPRETATION
• 1Interpretation

  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”) “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…

• 1.
• 2Rules 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).

• 2.
• 3Regulations

  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). Exception re: Hydro One Inc. (1.1) Despite clauses (1) (a) and (b), Hydro One Inc. and its subsidiaries cannot be prescribed to be designated broader public sector organizations or publicly funded organizations for the purposes of this Act. 2015, c. 20, …

• 3.
• [s4]

  Part ii lobbyists and Consultants

• PART II LOBBYISTS AND CONSULTANTS
• [s5]

  Lobbyists

• 4No 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), (f) or (g), (i) from public funds, or (ii) from revenues generated by the organization. 2010, c. 25, s. 4 (1); 2014, c. 7, Sched. 2, s. 1 (1). Application (2) This section applies to, (a) every agency of the Government of Ontario; (b) every designated broader public sector organization; (c) Repealed: 2015, c. 20, Sched. 4, s. 2 (1). (d) Ontario Power Generation Inc. and each of its subsidiaries; (e) Repealed: 2014, c. 7, Sched. 2, s. 1 (2). (f) Independent Electricity System Operator; and (g) every organization that is provided for in regulations made under subsection (6). 20…

• 4.
• [s7]

  Reporting re Use of Consultants

• 5Reporting by Ontario Health and Service Organization

  5 (1) Ontario Health and the Service Organization shall prepare reports approved by the board of Ontario Health or the Service Organization, as the case may be, concerning the use of consultants by Ontario Health or the Service Organization. 2023, c. 19, s. 17 (2). Directives (2) The Minister of Health may issue directives to Ontario Health and to the Service Organization 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. 2023, c. 19, s. 17 (2). Compliance (3) Ontario Health and the Service Organization shall comply with the directives. 2023, c. 19, s. 17 (2). Section Amendments with date in force (d/m/y) 2019, c. 5, Sched. 3, s. 2 (3, 5, 7) - 06/06/2019; 2019, c. 5, Sched. 3, s. 2 (4, 6, 8) - no effect…

• 5.
• 5 #9Reporting by Ontario Health and Service Organization
• 6Reporting 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 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) whom the reports shall be submitted; and (c) the form, manner and timing of the reports. 2010, c. 25, s. 6 (2); 2019, c. 5, Sched. 3, s. 2 (9); 2023, c. 19, s. 17 (3). Compliance (3) Every hospital shall comply with the directives. 2010, c. 25, s. 6 (3). Section Amendments with date in force (d/m/y) 2017, c. 25, S…

• 6.
• 7Regulations

  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 (s. 7.1-7.20) Repealed: 2019, c. 7, sched. 5, s. 7 (1).

• 7.
• [s11]
• 7.1

  7.1 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020

• PART III PUBLIC REPORTING OF EXPENSE CLAIM INFORMATION
• [s12]
• 7.2

  7.2 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2014, c. 7, Sched. 2, s. 2 - 01/01/2015 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020

• 8.
• 7.3, 7.4

  7.3, 7.4 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020

• 9.
• [s14]
• 7.5

  7.5 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2015, c. 20, Sched. 4, s. 3 - 04/06/2015 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020

• PART IV EXPENSE CLAIMS: ALLOWABLE EXPENSES
• 10.
• 7.6-7.12

  7.6-7.12 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020

• 11.
• 7.13

  7.13 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2015, c. 20, Sched. 4, s. 4 - 04/06/2015 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020

• 7.3
• [s17]
• 2019
• 7.14-18

  7.14-18 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020

• PART IV.1 PERQUISITES
• PART V PROCUREMENT STANDARDS
• 12.
• 7.19

  7.19 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2015, c. 20, Sched. 4, s. 5 - 04/06/2015 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020

• 7.4
• 13.
• 7.20

  7.20 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020

• [s20]

  Part iii Public Reporting of Expense Claim Information

• 7.6
• PART VI COMPLIANCE REPORTS
• [s21]
• 14.
• 7.7
• 8Public posting of expenses

  8 (1) Ontario Health, the Service Organization 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. 2023, c. 19, s. 17 (4). Directives (2) The Minister of Health may issue directives respecting the information about expense claims that is to be posted on a public website for the purposes of subsection (1). 2023, c. 19, s. 17 (4). 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 …

• 15.
• 7.8
• 9Public 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).

• [s23]

  Part Iv Expense Claims: Allowable expenses

• 16.
• 7.9
• [s24]
• 10Directives 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 …

• 7.10
• PART VII ENFORCEMENT PROVISIONS
• 11Guidelines 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.

• 17.
• 7.11
• [s26]

  part iv.1 perquisites

• 18.
• 7.12
• [s27]
• 11.1Directives 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 restricti…

• 19.
• 11.2Guidelines 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. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 4, s. 1 - 02/08/2011

• 20.
• 7.14
• [s29]

  Part V Procurement Standards

• 21.
• 7.15
• [s30]
• 12Directives

  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).

• 22.
• 7.16
• 13Guidelines 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.

• 23.
• 7.17
• [s32]

  Part V.1 Business Plans

• 2019 #32
• PART VIII (OMITTED)
• [s33]
• 13.1Directives for designated broader public sector organizations

  13.1 (1) The Management Board of Cabinet may issue directives requiring designated broader public sector organizations to prepare and publish business plans and any other business or financial documents that the directives may specify. 2014, c.13, Sched. 3, s. 1. Same (2) Without limiting the generality of subsection (1), the directives may, (a) incorporate by reference a Government of Ontario policy or directive, in whole or in part, as amended from time to time; (b) specify the form, content and timing of the business plans and other documents; and (c) specify one or more methods of publishing the business plans and other documents. 2014, c.13, Sched. 3, s. 1. Compliance (3) Every designated broader public sector organization to which the directives apply shall comply with the directives. 2014, c.13, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 3, s…

• 24.
• 7.18
• [s34]
• 13.2Guidelines for publicly funded organizations

  13.2 The Management Board of Cabinet may make guidelines with respect to the preparation and publication by publicly funded organizations of business plans and any other business or financial documents that the guidelines may specify. 2014, c.13, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 3, s. 1 - 01/01/2016

• 2019 #34
• PART IX (OMITTED)
• [s35]

  Part Vi Compliance Reports

• 25.-28.
• [s36]
• 14Ontario Health, Service Organization

  14 (1) Ontario Health and the Service Organization 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; (d) compliance with the perquisites directives issued by the Management Board of Cabinet; (e) compliance with procurement directives issued by the Management Board of Cabinet; and (f) compliance with directives issued by the Management Board of Cabinet on the preparation and publication of business plans and other business or financial documents. 2023, c. 19, s. 17 (5). Directives (2) The Minister of Health may issue directives respecting the attestations, including directives with …

• 2019 #36
• PART X (OMITTED)
• [s37]
• 15Hospitals

  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; (d) compliance with procurement directives issued by the Management Board of Cabinet; and (e) compliance with directives issued by the Management Board of Cabinet on the preparation and publication of business plans and other business or financial documents. 2010, c. 25, s. 15 (1); 2011, c. 9, Sched. 4, s. 3; 2014, c. 13, Sched. 3, 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 p…

• 29.
• [s38]
• 14 #38Ontario Health, Service Organization
• 16Other 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).

• 2019 #38
• 25.-28
• 30.
• [s39]

  Part vii Enforcement provisions

• 17Ontario Health

  17 (1) Every obligation of Ontario Health under this Act is deemed to be an obligation they are required to comply with under the terms of an accountability agreement required under the Connecting Care Act, 2019. 2023, c. 19, s. 17 (7). Service Organization (2) Every obligation of the Service Organization under this Act is deemed to be an obligation they are required to comply with under the terms of a service accountability agreement required under the Connecting Care Act, 2019. 2023, c. 19, s. 17 (7). Section Amendments with date in force (d/m/y) 2019, c. 5, Sched. 3, s. 2 (16) - 06/06/2019; 2019, c. 5, Sched. 3, s. 2 (17) - no effect - see 2023, c. 19, s. 29 - 04/12/2023 2023, c. 19, s. 17 (7) - 28/06/2024

• [s41]
• 17 #41Ontario Health
• 18Hospitals

  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 entered into between the hospital and Ontario Health under the Connecting Care Act, 2019. 2010, c. 25, s. 18; 2019, c. 5, Sched. 3, s. 2 (18, 19). Section Amendments with date in force (d/m/y) 2019, c. 5, Sched. 3, s. 2 (18) - 06/06/2019; 2019, c. 5, Sched. 3, s. 2 (19) - 01/04/2021

• 19Other 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.

• 17 #43Ontario Health
• 20Employment agreements

  20 (1) Every employment or other agreement between Ontario Health, the Service Organization or a hospital and a person employed by Ontario Health, the Service Organization or the hospital in a senior management position is deemed to contain a term providing that the obligations of Ontario Health, the Service Organization or the hospital under this Act are also the obligations of the person employed by Ontario Health, the Service Organization or the hospital. 2023, c. 19, s. 17 (8). Reduction in compensation (2) Despite any employment or other agreement, the board of Ontario Health, the Service Organization or a 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 determines that the person has failed to meet a requirement under this Act. 2023, c. 19, s. 17 (8). Same…

• [s44]
• 21Terms of agreements

  21 (1) Any provision in an agreement that conflicts with a requirement under Part II, III, IV, IV.1, V.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; 2014, c. 13, Sched. 3, 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 wi…

• 22Limitations 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 b…

• 23No 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), as it read immediately before it was repealed. 2010, c. 25, s. 23 (1); 2012, c. 8, Sched. 4, s. 2; 2019, c. 7, Sched. 5, s. 7 (2). Saving (2) Subject to subsection (3), subsection (1) does not bar any action against a designated broader…

• [s47]

  Part VIIi (omitted)

• [s48]
• 24

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

• [s49]

  Part ix (omitted)

• [s50]
• 25-28

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

• [s51]

  Part x (omitted)

• [s52]
• 29

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

• [s53]
• 30

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

• [s54]
• [s57]
• 17 #59Ontario Health, LHINs
• 17 #60Ontario Health
• [s62]
• [s64]
• [s65]
• [s66]
• [s67]
• [s68]
• [s69]
• [s70]
• [s71]