Administrative Law Assignment

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Seneca College *

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LGL 126-90

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Apr 3, 2024

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Course Name: Administrative Law ASSIGNMENT 1 1. Government Department/ Ministry that reports to a Cabinet minister Part A: The Ontario Ministry of Finance – a government department established under Executive Council Act, R.S.O. 1990, c. E.25 . The Ministry is designed to handle specific areas of financial management, such as taxation and budgeting and the department reports to the Minister of Finance. PART B: i. According to the Financial Administration Act, R.S.O. 1990, c. F.12 , the Lieutenant Governor in Council appoints the Deputy Minister of Finance. It was also mentioned in the Executive Council Act, R.S.O. 1990, c. E.25 . Other members of the Ministry are selected based on various factors such as experience, expertise as deemed fit. ii. According to section 1.0.14 of the Financial Administration Act, R.S.O. 1990, c. F.12 , the Minister is responsible for controlling and managing the Ministry, while giving “ recommendation to the Executive Council finance, economic, accounting and taxation policy, supervise, direct and control all finance, economic, statistical and accounting functions, manage the Consolidated Revenue Fund and (…) manage public money ” 1 . Generally speaking, the functions of the Ministry is to manage the financial affairs of the province, support economic growth and ensuring fiscal responsibility. iii. According to the Act under section 1.0.16, members of the Ministry are public servants whom are “ employed under Part III of the Public Service of Ontario Act, 2006 who works in or provides services to the ministry of the minister ” 2 . iv. Before making a decision that affect the public, the Ministry often conducts an analysis of the potential impacts of the proposed regulations and seeks public opinion and feedback on said policies. This can involve holding public hearings and/or public consultations. In some cases, the decision made by the Ministry may require legislative approval, which results in the approval from Legislative Assembly of Ontario. Once decisions are made, the Ministry is responsible for communicating the decisions to the public, involving providing information on the impacts and implementation plans. PART C: Websites (as cited) 2. An Advisory Agency Part A: Advisory Council to the Order of Ontario - an agency under the Ministry of Citizenship and Multiculturalism. This agency is classified as an advisory agency. PART B: i. According to the government website, the Lieutenant of Ontario is the member of this agency and the Chacellor of the Order of Ontario by virtue. Other members include: Chief Justice of 1 Financial Administration Act, R.S.O. 1990, c. F.12 , s1.0.14 (1) 2 Financial Administration Act, R.S.O. 1990, c. F.12 , s.1.0.16 (2) 1

Ontario, Speaker of the Legislative Assembly of Ontario, Secretary of the Cabinet, and not more than seix persons appointed by the Premier (see https://www.pas.gov.on.ca/Home/Agency/17) ii. The role of this agency is to assess the nomination and the merits of each nominees and recommend the Order of Ontario - highest civilian honour - to persons based on criteria such as excellence, achievement, leadership,... iii. The members of the agency are not considered of public services as they are not paid for their services, though some travel and accommodation expenses might be reimbursed. iv. According to the government website , “ The council reviews and evaluates nominations submitted to the Order of Ontario and makes its recommendations to the Lieutenant Governor in Council (i.e. Lieutenant Governor in Council refers to the Lieutenant Governor acting on and with the advice of the Executive Council or Cabinet), of those who, in its opinion, merit an appointment to the Order of Ontario ”. v. As the nature of the award and the background of committee member, it is expected that each person within the Council is acting on their good faith and in the best interest of the province. PART C: Websites (as cited) 3. An agency that regulates the sale or distribution of a product or commodity Part A: Alcohol and Gaming Commission of Ontario (AGCO) - an agency under Ministry of the Attorney General that is responsible for regulating the sale, service and consumption of alcoholic beverages in Ontario. PART B: i. According to Alcohol and Gaming Commission of Ontario Act, 2019, S.O. 2019, c. 15, Sched. 1, s.5 , the board of Directors of the AGCO consists of not more than 11 members whom are appointed by the Lieutenant Governor. One of the members will be designated as the chair and one or more as vice-chairs. ii. Section 3 of the Acts regulates the objects that the Commission provides: “3 (1) The Commission has the following objects: 1. To exercise the powers and perform the duties assigned under this or any other Act to the Commission. 2. To administer the alcohol, cannabis, gaming and horse racing statutes and the regulations made under them. 3. To oversee the lottery subsidiary’s conduct and management of prescribed online lottery schemes. 4. To ensure that prescribed online lottery schemes are conducted, managed and operated by the lottery subsidiary in accordance with the Criminal Code (Canada), this Act and the Gaming Control Act, 1992 and the regulations made under them. 2

5. If authorized by the Lieutenant Governor in Council, to enter into agreements to have the lottery subsidiary conduct and manage prescribed online lottery schemes on behalf of, or in conjunction with, the government of one or more provinces of Canada. 6. To engage in such other activities as may be prescribed. 2019, c. 15, Sched. 1, s. 3 (1); 2020, c. 36, Sched. 1, s. 3. ” Generally speaking, the main function of the AGCO is to regulate the sale, service and consumption of alcohol in the province of Ontario. It is responsible for operating the alcohol industry in a safe and accountable manner. iii. Though the AGCO is considered an independent regulatory agency of the Ontario government, and the members are appointed by the Lieutenant Governor in Council, and the AGCO operates under the scheme of the government, its member are not considered public servants. The members are appointed to fulfill specific responsibilities related to the regulations in the alcohol and gaming industry, served in a regulatory capacity and are not subject to public service sector. iv. The Commission shall make their own by-law for their conduct and activities. However, it’s worth noting that there are several exception where the Commission may seek the approval for the Lieutenant Governor in the Council, such as those outlined in Section 4(2) of the Act . v. As per Section 15 of the Act, the Commission shall prepare annual report and submit it to the Minister of Attorney General, and make it publicly available. PART C: Websites (as cited) 4. An agency that gives grants to individuals or to business, charities or other bodies Part A: Ontario Arts Council (OAC) - arm-length agency that provides grant programs to independent artists and organization in accordance to Arts Council Act, R.S.O. 1990, c. A.30 PART B: i. Section 3 of the Arts Council Act states that “The Lieutenant Governor in Council shall appoint the chair, the vice-chair and the other members of the Council, each of whom shall hold office at pleasure for a term of up to three years, except that, of those first appointed, four shall be appointed for a term of one year, four for two years, and four for three years. R.S.O. 1990, c. A.30, s. 3; 2023, c. 9, Sched. 2, s. 2.” , Arts Council Act, R.S.O. 1990, c. A.30 (s.3) ii. The Council’s function are outlined in Section 6 of the same Act, which states: “6 It is the function of the Council and it has power to promote the study and enjoyment of and the production of works in the arts, and to such end may, (a) assist, co-operate with and enlist the aid of organizations whose objects are similar to the objects of the Council; (b) provide through appropriate organizations or otherwise for grants, scholarships or loans to persons in Ontario for study or research in the arts in Ontario or elsewhere or to persons in other provinces or territories of Canada or any other countries for study or research in the arts in Ontario; 3

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(c) make awards to persons in Ontario for outstanding accomplishments in the arts. R.S.O. 1990, c. A.30, s. 6.” Arts Council Act, R.S.O. 1990, c. A.30 (s.6) iii. Though there is no indication whether the members of this Council is subject to public service, according to the Annual Report 2022 - 2023 which was made public, the OAC “follows Public Sector Accounting Standards” for its employees’ benefit, which can be understood that the members of this Council are considered members of public service. iv. The Council shall make by-laws which regulates its conduct and management of its activities (according to Section 7 of the Act). The Council meetings are held at least four times a year according to Section 8. v. As regulated, Ontario Art Council is required to provide an annual report which contains performance review and measures each fiscal years, along with financial report with experises and funding allocation in details. In additiona, the Council may be subject for auditing annually by the Auditor General. PART C: Websites (as cited) 5. An agency that operates the business or provides service to customers Part A: Ontario Lottery and Gaming Corporation - an agency established by the Government of Ontario that operates business under the form of lottery games, online gaming while providing services to consumer as participating in a lottery game. Ontario Lottery and Gaming Corporation Act, 1999, S.O. 1999, c. 12, Sched. L PART B: i. This operational agency is “composed of at least five members to be appointed by the Lieutenant Governor in Council” ( Ontario Lottery and Gaming Corporation Act, 1999, S.O. 1999, c.12 Schedule L, s2 (2)) ii. The function of this agency is outlined in s3 of the Act: “3 The following are the objects of the Corporation: 1. To develop, undertake, organize, conduct and manage lottery schemes on behalf of Her Majesty in right of Ontario. 2. To provide for the operation of gaming sites. 4

3. To ensure that the lottery schemes and gaming sites are conducted, managed and operated in accordance with the Criminal Code (Canada), this Act and the Gaming Control Act, 1992 and the regulations made under them. 4. To provide for the operation of any business that the Corporation considers to be reasonably related to operating a gaming site or lottery scheme, including any business that offers goods and services to persons who play lottery schemes in a gaming site. 5. If authorized by the Lieutenant Governor in Council, to enter into agreements to develop, undertake, organize, conduct and manage lottery schemes on behalf of, or in conjunction with, the government of one or more provinces of Canada. 5.1 To undertake activities with respect to the support of live horse racing in Ontario. 6. To do such other things as the Lieutenant Governor in Council may by order direct. 1999, c. 12, Sched. L, s. 3; 2011, c. 9, Sched. 34, s. 4; 2015, c. 38, Sched. 16, s. 2; 2020, c. 36, Sched. 2, s. 15.” iii. Its member and staff are members of public services, as they are subject to the Public Service Pension Act under section 7(2) of the aforementioned Act. iv. Before making a decisions that affect the public, the Corporation must seeks approval from the Chair of Management Board and the Minister of Finance. v. From Section 8 to Section 11 of the Act, there is a list of legislature procedures that the Corporation may take in order to be maintain accountability for its activities. This includes maintaining an accounting system in accordance with the requirements provided by the Ministry of Finance (Section 9), an annual report which will be made public (Section 10), and transparency in reports, records and accounts regarding all parties that enters an agreement with the Corporation for gaming purposes (Section 11). PART C: Websites (as cited) 6. A tribunal Part A: Canadian Human Rights Tribunal - one of the thirteen tribunals that creates Tribunals Ontario. This Tribunals specializes in handling claims regarding discrimination and harassment that violates the Human Rights Code . PART B: 5

i. The members of the Tribunal are appointed by the Lieutenant Governor after a selection process ( Human Rights Code, R.S.O. 1990, c. H.19, part IV s. 32(2) ). As per section 32 (3), the members are selected bases on a various of skill, including the knowledge and exposure to the human rights law and issue, “aptitude for impartial adjudication” and “aptitude for applying the alternative adjudicative practices and procedures that may be set out in the Tribunal rules” 2006, c. 30, s. 5. ii. The objectives of this tribunal is to resolve claims in discrimination and harassment under the Human Rights Code, especially in these five areas: employment, housing, goods and services, contracts, trade memberships or vocational associations. iii. Its member and staff are members of public services, as they are appointed under the Public Service of Ontario Act, 2006 . 2006, c. 30, s. 5; 2006, c. 35, Sched. C, s. 132 (6). ( Section 32 (9) of the Aforementioned Act) . iv. In most cases that are within the Tribunal jurisdiction, the agency offers parties meditation to settle the dispute. However, in situation that meditation is not insoluble, the agency will proceed to a hearing (See part IV of the Human Rights Code, R.S.O. 1990, c. H.19 ) v. The Tribunal, at the request of the Commission, shall disclose all the copies of applications and response filed with the Tribunal and any other documents in its custody or control. The Commision might intervene if needed (s.37, s. 38) PART C: Websites (as cited) 6

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