HomeMy WebLinkAboutLGL-006-14 Clarington REPORT
LEGAL DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 26, 2014 Resolution#: w By-law#:
Report#: LGL-006-14 File#: L2020-04
Subject: BILL 179 - PUBLIC SECTOR AND MPPACCOUNTAB/L/TYAND
TRANSPARENCYACT, 2014
RECOMMENDATION:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report LGL-006-14 be received for information.
Submitted by: Reviewed bylm -° e
A Bred C. Allison, B. Comm., LL.B. Franklin Wu, MAOM
Municipal Solicitor Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379
REPORT NO.: LGL-006-14 PAGE 2
1.0 BACKGROUND
1.1 At a meeting held on April 28, 2014, Council considered a letter from Regional
Chair, Roger Anderson to the Minister of Government Services dated April 2,
2014 and endorsed the following resolution:
That Correspondence Item 1-9, from Roger Anderson, Regional
Chair and CEO, Regional Municipality of Durham, with respect to
Bill 179, The Public Sector and MPP Accountability Act, be referred
to staff for a report.
1.2 A copy of Chair Anderson's letter is attached to this Report (Attachment 1).
1.3 Bill 179 (Public Sector and MPP Accountability and Transparency Act, 2014) was
given first reading on March 24, 2014 as part of the most recent session of
Parliament (40th Parliament, Session 2).
2.0 DISCUSSION
2.1 When a general election is called, any bill that did not reach Royal Assent is
deemed to have "died on the Order Paper". Bills cannot be carried over between
Parliaments. Accordingly, when the election writs were issued on May 7, 2014,
Bill 179 came to an end.
2.2 Given the status of the bill, there is no reason for Council to provide comments to
the Province.
3.0 CONCURRENCE
3.1 Not applicable.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Attachment:
Attachment 1 — Letter from Roger Anderson to Minister Milloy dated April 2, 2014
ATTACHMENT NO. 1 TO
REPORT LGL-006-14
April 2, 2011 *
1974-2014
The Honourable John MV 110y Join the celebrationl
Government House�eaader and
Minister of Gover ment Services REVIEWED aY m__�
Office of the� vernment House Leader ORIGINAL TO:
Room 223,ark,,Maln Legislative Building L1 COUNCIL �oUNCIL 0 FILE
Queen
The Regional r s P/ OIRECHON INFORMATION
.
Munlolpality COCKY TQ
of Durham I or to;Ontario [] MAYOR U N9E,.1 @ERs Cl CAO
Office of the Regional Chair yM!A 1A2 CF COL!t;CIL
U COC1 AMITY L7 CORPORATE a EIAERGEtlCy
606 ROSSLAND ROAD E,
SERVICES SERVICES SERVICES
PO BOX 623 L) RICI"FERPIA 0 AIUNIWAL R OPERATIOIIS
WHITBY ON LiN 6A3 Dear Minister Mllloy: SERVICES CLERK'S
A
U PLAIlPRI.G U SOLICITOR G TREASURY
905-668-7711 SERVICES
1-800-372-1102
Fax:905-668-1567 Re: - Bill 179, The Public Sector and MPP A 6`cdbFf tabitl#y-AGt_
Email:roger,anderson®durham.ca haUtIICIPAC CLERKS FINE
www.durham,ca On behalf of Durham Regional Council, I am writing to express our
Roger M.Anderson concerns with several provisions of Bill 179, The Public Sector and MPP
Regional Chair and CEO Accountability Act.
From a Regional perspective, several provisions found in Schedules 5
and 8 of Bill 179 represent a probably well-intended, but unnecessary,
duplication of activities already in place at the municipal level.
Schedule 5 establishes a new Patient Ombudsman to assist patients of
health sector organizations, including municipal long-term care homes,
in resolving complaints, Under the Long-Term Care Homes Act, 2007
there is already a very robust and prescriptive complaints process. It is
unclear what value-added role the Patient Ombudsman could play in
these homes.
Schedule 8 introduces potential duplication of the Municipal Act process
for dealing with closed meeting complaints. Having a municipal
ombudsman to deal with these complaints is a relatively new process
which to date seems to be working. Some municipalities use the
Provincial Ombudsman to fulfill this function. Other municipalities have
appointed qualified individuals to act as their municipal ombudsman.
Either way, the same rules outlined in the Municipal Act are used in
adjudicating a complaint on a closed meeting issue.
Se�vlceExcellence
for our Cot»tnunifies" If this information is required in an accessible format, please contact
the Accessibility Co-ordinator at 1-800-372-1102 ext. 2009, Page 1 of 2
The amendments introduced in Section 14 of Schedule 8 allowing the
Provincial Ombudsman to override and re-investigate municipal
ombudsman decision's imply that the municipal ombudspersons are less
thorough, effective, or trustworthy. Where is the evidence to support
this? Has any comparative evaluation of the performance of municipal
ombudspersons been carried out? In similar parallel functions, such as
municipal internal audit or integrity commissioners, there is no oversight
by a Provincial counterpart. Why would there be in this case?
Further, in view of the lack of consultation on this matter at the
_Provincial-AMO MOU table, these changes seem quite premature and
disrespectful of municipal autonomy.
We respectfully suggest that the Province refrain from unnecessarily
duplicating municipal activities.
Yours truly,
Roger Anderson
Regional Chair and CEO
c: T. Hudak, Leader of the Official Opposition
P, Vanini, Executive Director, Association of Municipalities of
Ontario
J. Dickson, MPP, Ajax/Pickering
C. Elliott, MPP, Whitby/Oshawa
T. MacCharles, MPP, Pickering/Scarborough East
J. Ouellette, MPP, Oshawa
J. O'Toole, MPP, Durham
L. Scott, MPP, Haliburton/Kawartha Lakes/Brock
M. de Rand, Clerk, Town of Ajax
T. Gettinby, CAO/Clerk, Township of Brock
P. Barrie�_Clerk,�unicipali Hof-Claringto_r ,
S. Kranc, Clerk, City of Oshawa
D. Shields, Clerk, City of Pickering
C. Harris, Clerk, Township of Scugog
D. Leroux, Clerk, Township of Uxbridge.
D. Wilcox, Clerk, Town of Whitby
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