Ontario Retirement Pension Plan Administration Corporation Act, 2015, S.O. 2015, c. 20, Sched. 33

Link to law: http://www.ontario.ca/laws/statute/15o20b
Published: 2015-06-04

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Ontario Retirement Pension Plan Administration Corporation Act, 2015

S.o. 2015, chapter 20
Schedule 33

Consolidation Period:  From June 04, 2015 to the e-Laws currency date.

Note: THIS ACT IS NOT YET IN FORCE. It comes into force on a day to be named by proclamation of the Lieutenant Governor.

No amendments.

CONTENTS




Preamble




PART I
INTERPRETATION




1.


Definitions




PART II
CORPORATE MATTERS




Establishment, Objects, Powers, etc.




2.


Corporation established




3.


Objects




4.


Powers of the Corporation




5.


Application of certain Acts




Directors and Officers




6.


Board of directors




7.


Nominating committee




8.


Delegation




9.


Ceasing to hold office




10.


Validity of acts of directors




11.


Committees




12.


Initial board




Standard of Care, etc.




13.


Care, diligence and skill




Financial Provisions




14.


Financial records




15.


Audit




Annual Report and Annual Meeting




16.


Annual report




17.


Annual meeting




Miscellaneous




18.


By-laws




19.


Employees




20.


Memorandum of understanding




21.


Agreements with other governments




PART III
RULES RESPECTING INFORMATION




Definitions




22.


Definitions




Collection of Information




23.


Collection of information




24.


Offence




Personal Information




25.


Notice of collection




26.


Use of personal information




27.


Where disclosure permitted




28.


Consistent purpose




29.


Individual’s access to personal information




30.


Request for correction of personal information




31.


Appeal to Information and Privacy Commissioner




32.


Information and Privacy Commissioner’s review of practices




Delegation




33.


Delegation




PART IV
OTHER MATTERS




34.


Not public money




35.


Cost recovery by the Corporation




36.


Loans, etc., to the Corporation




37.


Crown immunity




38.


Format, etc., of information




39.


Regulations




40.


Review of Act





 

Preamble

The Government of Ontario has committed to establishing an Ontario Retirement Pension Plan to strengthen the retirement security of Ontarians and help address the inadequacy of retirement savings among many of today’s workers.

The Government of Ontario is committed to establishing an administrative entity that,

(a) has a strong governance framework and a nominating process that aims to secure highly qualified, professional and independent board members to oversee the entity;

(b) is subject to appropriate measures to ensure transparency, accountability and cost-effectiveness, including annual reporting, annual meetings and appropriate financial controls;

(c) achieves, under the prudent and responsible oversight of its directors and officers, the highest possible level of performance in pension management and will serve the future needs of Ontarians; and

(d) holds contributions to the proposed Ontario Retirement Pension Plan in trust for its members.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Part I
Interpretation

Definitions

1. In this Act,

“federal government” means the Government of Canada and any department, agency, board, commission, official or other body of the Government of Canada; (“gouvernement fédéral”)

“pension fund” means the fund maintained to provide benefits under or related to the Ontario Retirement Pension Plan; (“caisse de retraite”)

“Minister” means the Minister of Finance or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ontario Retirement Pension Plan” means the Ontario Retirement Pension Plan that is required to be established under section 1 of the Ontario Retirement Pension Plan Act, 2015; (“Régime de retraite de la province de l’Ontario”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act; (“règlements”)

Part II
Corporate Matters

Establishment, Objects, Powers, etc.

Corporation established

2. (1) A corporation without share capital is hereby established under the name Ontario Retirement Pension Plan Administration Corporation in English and Société d’administration du Régime de retraite de la province de l’Ontario in French.

Membership

(2) The Corporation is composed of the members of its board of directors.

Not for profit

(3) The affairs of the Corporation shall be carried on without the purpose of profit and any money that the Corporation collects or receives shall be used for the purpose of carrying out its objects.

Crown agency

(4) The Corporation is an agent of the Crown in right of Ontario.

Subsidiaries not Crown agents

(5) Any subsidiary of the Corporation is not an agent of the Crown in right of Ontario.

Objects

3. The objects of the Corporation are as follows:

1. To administer the Ontario Retirement Pension Plan, including making the pension plan operational.

2. To administer and invest the pension fund as trustee.

3. To exercise such other powers and perform such other duties as may be provided under this Act or any other Act.

Powers of the Corporation

4. (1) Except as limited by this Act and the regulations, the Corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects.

Capacity to act outside Ontario

(2) The Corporation has the capacity to conduct its affairs and exercise its powers in a jurisdiction outside Ontario to the extent that the laws of that jurisdiction permit.

Application of certain Acts

5. (1) The Corporations Information Act does not apply to the Corporation.

Business Corporations Act

(2) Sections 132, 134, 135 and 136 of the Business Corporations Act apply, with necessary modifications, to the Corporation and its directors and officers.

Corporations Act

(3) The Corporations Act does not apply to the Corporation except as provided for in the regulations.

Note: On the later of the day subsection 5 (3) comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, subsection 5 (3) of this Act is repealed and the following substituted: (See: 2015, c. 20, Sched. 33, s. 41)

Not-for-Profit Corporations Act, 2010

(3) The Not-for-Profit Corporations Act, 2010 does not apply to the Corporation except as provided in the regulations.

Directors and Officers

Board of directors

6. (1) The board of directors shall manage or supervise the management of the Corporation’s affairs.

Composition

(2) The board of directors shall consist of at least 9 and not more than 15 directors.

Appointment

(3) Each director shall be appointed by the Lieutenant Governor in Council, on the recommendation of the Minister.

Same, eligibility

(4) Only candidates who have been recommended by the nominating committee under section 7 are eligible to be appointed to the board of directors.

Remuneration

(5) The Lieutenant Governor in Council in determining the remuneration of a director shall consider the recommendations of the board of directors, if any.

Disqualification

(6) The following persons are disqualified from being a director of the Corporation:

1. A person who is not an individual.

2. A person who is less than 18 years of age.

3. A person who has been found under the Substitute Decisions Act, 1992 or under the Mental Health Act to be incapable of managing property or who has been found to be incapable by a court in Canada or elsewhere.

4. A person who is an undischarged bankrupt or has been discharged from bankruptcy within the previous 10 years.

5. A person who has been convicted of fraud or a similar offence by any court in Canada or elsewhere.

Ineligibility

(7) A person who is an officer or employee of the Corporation is ineligible to be a director of the Corporation.

Term

(8) A director appointed to the board of directors shall be appointed for up to three years and, subject to subsection (9), is eligible for re-appointment.

Maximum term

(9) A director may serve no more than three terms.

Exception, four terms

(10) Despite subsection (9), a director may serve four terms if he or she will serve as chair when his or her fourth term commences.

Quorum

(11) A majority of the directors constitutes a quorum of the board of directors.  However, the by-laws may provide for a higher threshold for quorum.

Chair

(12) The Lieutenant Governor in Council shall, on the recommendation of the Minister made after the Minister has consulted with the board of directors, designate a member of the board of directors to be its chair.

Acting chair

(13) If the chair is absent at any meeting of the board of directors or if the office of the chair is vacant, one of the directors present who is chosen to so act by the directors present shall preside and have all the powers, duties and functions of the chair.

Nominating committee

7. (1) The Lieutenant Governor in Council shall establish a nominating committee to advise the Minister regarding the appointment or reappointment of any individual to the board of directors.

Composition

(2) The nominating committee shall consist of the following:

1. Two individuals appointed by the Lieutenant Governor in Council.

2. The chair of the governance committee of the board of directors.

Rules re appointed members

(3) The following rules apply to an individual appointed as a member of the nominating committee under paragraph 1 of subsection (2):

1. The individual shall be appointed for up to three years and, subject to paragraph 2, is eligible for re-appointment.

2. The individual may serve no more than two consecutive terms.

Establishment of nomination criteria

(4) The nominating committee shall establish criteria for the nomination of directors, taking into account,

(a) the importance of reflecting the diversity of Canada’s population in the composition of the board of directors; and

(b) the need to ensure that the members of the board of directors possess a diverse range of expertise and skills, including expertise and skill in corporate governance, public administration, pension administration, financial management, investment management, customer service and large-scale operations management.

Consideration of non-residents

(5) The nominating committee may consider candidates who are not resident in Ontario or elsewhere in Canada.

Short list of candidates

(6) The nominating committee shall provide the Minister with a short list of the committee’s recommended candidates comprised of,

(a) candidates for at least the number of positions to be filled, plus one additional candidate; and

(b) a proposed term for each candidate.

Must take into account criteria, residency

(7) In determining the short list referred to in subsection (6), the nominating committee shall,

(a) take into account the criteria established under subsection (4); and

(b) endeavour to ensure that at least 75 per cent of the directors on the board will be resident Canadians as defined in subsection 1 (1) of the Business Corporations Act.

Delegation

8. The board of directors may delegate any power or duty to any committee, to any member of the board or to any officer of the Corporation except the power to,

(a) approve the Corporation’s budget, including the budget for capital expenditures and staffing;

(b) approve the Corporation’s business plan, annual report and financial statements;

(c) establish a conflict of interest policy and procedures for monitoring and managing any conflicts of interest that arise;

(d) establish a code of conduct applicable to the Corporation’s directors, officers, employees, agents and other persons;

(e) approve recommendations regarding the remuneration of directors;

(f) appoint a chief executive officer;

(g) set the compensation for officers;

(h) appoint an auditor;

(i) establish committees of the board of directors;

(j) fill a vacancy in a committee of the board of directors;

(k) make, amend or repeal by-laws;

(l) establish a statement of investment policies and procedures and approve other investment policies, standards and procedures; and

(m) do any other thing as may be prescribed.

Ceasing to hold office

9. (1) A director ceases to hold office on the earliest of the following:

1. The date on which his or her term of office expires.

2. The date on which he or she dies.

3. The date on which he or she resigns.

4. The date on which he or she is removed by the Lieutenant Governor in Council.

5. The date on which he or she becomes disqualified from being a director under subsection 6 (6).

6. The date on which he or she becomes ineligible to be a director under subsection 6 (7).

Effective date of resignation

(2) A resignation of a director becomes effective at the time the resignation is received by the Corporation or at the time specified in the resignation, whichever is later.

Validity of acts of directors

10. (1) An act of a director is valid despite any irregularity in his or her appointment or a defect in his or her qualifications or eligibility to be a director.

Same, officers

(2) An act of an officer is valid despite any irregularity in his or her appointment or a defect in his or her qualifications.

Committees

11. (1) The board of directors shall establish an audit committee, a human resources committee, a governance committee and an investment committee and may establish additional committees as it considers appropriate.

Composition

(2) The committees shall be composed of that number of directors as determined by the board of directors.

Initial board

12. (1) An initial board of directors shall be established on the day subsection 2 (1) comes into force.

Composition

(2) Despite subsections 6 (2) and (4), the initial board shall be composed of three directors appointed by the Lieutenant Governor in Council, on the recommendation of the Minister.

Chair

(3) The Lieutenant Governor in Council shall designate one of the members of the initial board to be its chair and subsection 6 (12) does not apply with respect to the designation.

Dissolution

(4) The initial board is dissolved on the earlier of 18 months after the day the initial board was appointed and the day that the first board is appointed under section 6.

Powers of the initial board

(5) The initial board shall have all the rights, powers and duties of the board of directors under this Act.

Standard of Care, etc.

Care, diligence and skill

13. (1) The Corporation shall exercise the care, diligence and skill in the administration of the Ontario Retirement Pension Plan and in the administration and investment of the pension fund that a person of ordinary prudence would exercise in dealing with the property of another person.

Special knowledge and skill

(2) The Corporation shall use in the administration of the pension plan and in the administration and investment of the pension fund all relevant knowledge and skill that the Corporation possesses or by reason of its profession, business or calling, ought to possess.

Conflict of interest

(3) The Corporation shall not knowingly permit the Corporation’s interest to conflict with the Corporation’s duties and powers in respect of the pension fund.

Employment of agent

(4) Where it is reasonable and prudent in the circumstances to do so, the Corporation, as administrator of the pension plan, may employ one or more agents or other persons to carry out any act required to be done in the administration of the pension plan and in the administration and investment of the pension fund.

Responsibility for agent

(5) If the Corporation decides to employ an agent or any other person, the Corporation shall personally select the agent or other person and be satisfied of the agent or other person’s suitability to perform the act for which the agent or other person is employed, and the Corporation shall carry out such supervision of the agent or other person as is prudent and reasonable.

Application to employee, etc.

(6) An employee, agent or other person referred to in subsection (4) is also subject to the standards that apply to the Corporation under subsections (1), (2) and (3).

Financial Provisions

Financial records

14. The Corporation shall maintain financial records for the Corporation and its subsidiaries, if any, and the pension fund and shall establish financial, management and information systems that will enable the Corporation to prepare financial statements in accordance with generally accepted accounting principles.

Audit

15. (1) The board shall appoint one or more licensed public accountants to audit the accounts and financial transactions of the Corporation and its subsidiaries, if any, and the pension fund for the previous fiscal year.

Qualified privilege — defamation

(2) Any statement or report made under this Act orally, in writing or in another format by the auditor or former auditor of the Corporation has qualified privilege.

Annual Report and Annual Meeting

Annual report

16. (1) The board of directors shall submit to the Minister an annual report on the affairs of the Corporation and its subsidiaries, if any, and the pension fund within 120 days after the end of the Corporation’s fiscal year.

Contents of report

(2) The annual report shall include the audited financial statements of the Corporation and its subsidiaries, if any, and of the pension fund and any other information as may be prescribed.

Tabling of report

(3) The Minister shall submit the annual report to the Lieutenant Governor in Council and shall lay it before the Assembly within 45 days after the report is submitted to the Minister.

Report to be publicly accessible

(4) The Corporation shall ensure that the annual report is available to the public as soon as possible after it is laid before the Assembly by posting the report on a website and in such other manner as the Corporation considers appropriate.

Other reports

(5) The Corporation shall submit to the Minister all reports, other than the annual report, and all information that the Minister requires.

Annual meeting

17. (1) The Corporation shall hold an annual meeting to discuss the Corporation’s most recent annual report and to give beneficiaries of the Ontario Retirement Pension Plan and other prescribed persons an opportunity to comment on it.

Notice of meeting

(2) The Corporation shall give notice of the annual meeting in accordance with the regulations and at least 30 days before the date of the meeting and in accordance with any other rules as may be prescribed.

Directors and officers to attend

(3) The Corporation shall require one or more directors or officers of the Corporation, and any other persons as may be prescribed, to be at the meeting in person to answer questions and shall have copies of the Corporation’s most recent annual report available for distribution at the meeting.

First meeting

(4) The first meeting shall take place in the prescribed year.

Miscellaneous

By-laws

18. (1) The board of directors may by resolution make by-laws governing its proceedings and generally for the conduct and management of the Corporation’s affairs that are consistent with this Act and regulations.

Required by-laws

(2) The board of directors shall pass by-laws in respect of the following:

1. Governing the functioning of the board of directors, including the calling of meetings.

2. Respecting the functions, duties and remuneration of the Corporation’s officers.

3. Respecting the establishment of committees of the board of directors and the process for appointing members to those committees.

4. Setting the recommended remuneration framework for directors.

Effective date of by-laws

(3) A by-law, an amendment to a by-law or the repeal of a by-law is effective from the date of the resolution or from such later date as may be specified in the resolution.

By-laws to be publicly accessible

(4) The Corporation shall ensure that all by-laws are available to the public by posting them on a website and in such other manner as the Corporation considers appropriate.

Employees

19. (1) The Corporation may employ or otherwise engage persons as it considers necessary for the proper conduct of the affairs of the Corporation.

Status of employees

(2) Employees of the Corporation shall not be appointed under Part III of the Public Service of Ontario Act, 2006

and are not employees of the Crown for any purpose.

Agreements to provide services

(3) The Corporation may enter into agreements with any minister of the Crown or a Crown agency for the provision of services to the Corporation by employees of the Crown or employees of the Crown agency, as the case may be.

Memorandum of understanding

20. (1) The Corporation and the Minister shall enter into a memorandum of understanding.

Corporation to comply with memorandum of understanding

(2) The Corporation shall comply with the memorandum of understanding, but the failure to do so does not affect the validity of any action taken by the Corporation or give rise in any person to any rights or remedies.

Memorandum of understanding to be publicly accessible

(3) The Corporation shall ensure that the memorandum of understanding is available to the public by posting it on a website and in such other manner as the Corporation considers appropriate.

Agreements with other governments

21. (1) With the approval of the Minister, the Corporation may enter into agreements with the government of Canada or a government of a province or territory of Canada or with the appropriate authority of any such government to provide for co-operation in matters relating to carrying out its objects.

Same

(2) With the approval of the Minister, the Corporation may enter into agreements with the government of Canada or of a province or territory of Canada or with an agency, board or commission of such a government under which, for purposes related to carrying out its objects,

(a) the government, agency, board or commission may be allowed access to information obtained by the Corporation under this Act; and

(b) the government, agency, board or commission may allow the Corporation to have access to information obtained by the government, agency, board or commission under statutory authority.

Part III
rules respecting information

Definitions

Definitions

22. In this Part,

“head” means the chair of the Corporation’s board of directors; (“personne responsable”)

“personal information” has the same meaning as in section 2 of the Freedom of Information and Protection of Privacy Act, and includes information that is not recorded; (“renseignements personnels”)

“public body” means,

(a) any ministry, agency, board, commission, official or other body of the Government of Ontario,

(b) any municipality in Ontario, or

(c) a local board, as defined in the Municipal Affairs Act, and any authority, board, commission, corporation, office or organization of persons some or all of whose members, directors or officers are appointed or chosen by or under the authority of the council of a municipality in Ontario. (“organisme public”)

Collection of Information

Collection of information

23. (1) The Corporation may request and collect from a public body, the federal government, an employer, an employee or any other person the information, including personal information, that is necessary for the purpose of carrying out its objects.

Direct or indirect collection

(2) Information may be collected directly or indirectly.

Response to request

(3) A person who receives a request for information from the Corporation under subsection (1) shall, within 30 days after the request, disclose to the Corporation the requested information from his, her or its records in the format or on the form required by the Corporation.

Exception

(4) Subsection (3) does not apply to the federal government.

Extension of time

(5) The Corporation may extend the time limit referred to in subsection (3), before or after it has expired, if the Corporation is satisfied that there are reasonable grounds for doing so.

Offence

24. (1) A person who fails to comply with a requirement under section 23 is guilty of an offence.

Same, false information

(2) A person who knowingly gives false information to the Corporation is guilty of an offence.

Exceptions

(3) The federal government and public bodies are not liable to be charged with an offence under this section.

Personal Information

Notice of collection

Direct collection

25. (1) If the Corporation collects personal information directly from the individual to whom the information relates, the Corporation shall inform that individual of,

(a) the legal authority for the collection;

(b) the principal purpose or purposes for which the personal information is intended to be used; and

(c) the title, business address and business telephone number of an employee of the Corporation who can answer the individual’s questions about the collection.

Indirect collection

(2) If the Corporation collects personal information indirectly, it shall issue a general notice of collection and make the notice available on a website that is accessible to the public.

Same, content of notice

(3) A notice issued under subsection (2) shall contain,

(a) a description of the type of personal information being collected;

(b) the information described in clauses (1) (a) to (c).

Use of personal information

26. The Corporation shall not use personal information in its custody or under its control except,

(a) where the person to whom the information relates has identified that information in particular and consented to its use;

(b) for the purpose for which it was obtained or compiled or for a consistent purpose; or

(c) for a purpose for which the information may be disclosed to the Corporation under section 42 of the Freedom of Information and Protection of Privacy Act or under section 32 of the Municipal Freedom of Information and Protection of Privacy Act.

Where disclosure permitted

27. The Corporation shall not disclose personal information in its custody or under its control except,

(a) where the individual to whom the information relates has identified that information in particular and consented to its disclosure;

(b) for the purpose for which it was obtained or compiled or for a consistent purpose;

(c) where disclosure is made to an officer, employee, consultant or agent of the Corporation who needs the information in the performance of their duties and where disclosure is necessary and proper in the discharge of the Corporation’s functions;

(d) for the purpose of complying with an Act of the Legislature or an Act of Parliament or a treaty, agreement or arrangement thereunder;

(e) where disclosure is to a public body or a law enforcement agency in Canada to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result;

(f) in compelling circumstances affecting the health or safety of an individual if upon disclosure notification thereof is mailed to the last known address of the individual to whom the information relates;

(g) in compassionate circumstances, to facilitate contact with the spouse, a close relative or a friend of an individual who is injured, ill or deceased;

(h) to a member of the Legislative Assembly who has been authorized by a constituent to whom the information relates to make an inquiry on the constituent’s behalf or, where the constituent is incapacitated, has been authorized by the spouse, a close relative or the legal representative of the constituent;

(i) to a member of the bargaining agent who has been authorized by an employee to whom the information relates to make an inquiry on the employee’s behalf or, where the employee is incapacitated, has been authorized by the spouse, a close relative or the legal representative of the employee;

(j) to the Minister;

(k) to the Information and Privacy Commissioner;

(l) to the federal government or to the government of a province or territory where the Corporation has entered into an agreement under section 21 with that jurisdiction;

(m) pursuant to a warrant or order of a court or tribunal; or

(n) to a law enforcement agency if the Corporation reasonably believes the information relates to the commission of an offence.

Consistent purpose

28. Where personal information has been collected directly from the individual to whom the information relates, the purpose of a use or disclosure of that information is a consistent purpose under clause 26 (b) or 27 (b) only if the individual might reasonably have expected such a use or disclosure.

Individual’s access to personal information

29. (1) An individual may, in writing, request access to his or her own personal information in the Corporation’s custody or control.

Disclosure by Corporation

(2) Within 30 days after receiving the request, the head shall disclose the individual’s personal information to the individual. It must be provided in a comprehensible form and in a manner which indicates the general terms and conditions under which the personal information has been retained and used.

Exceptions

(3) The head may refuse to disclose the individual’s personal information to the individual,

(a) if the disclosure would reveal information that is subject to solicitor-client privilege, litigation privilege or settlement privilege;

(b) if the disclosure would reasonably be expected to interfere with the conduct of a law enforcement investigation; or

(c) if the head is of the opinion on reasonable grounds that the request for personal information is frivolous or vexatious.

Refusal

(4) If the head refuses to disclose the individual’s personal information, he or she shall notify the individual in writing within 30 days after receiving the request and shall give him or her information about the right to appeal the refusal.

Same, frivolous or vexatious request

(5) If the head refuses to disclose the individual’s personal information because he or she is of the opinion that the request is frivolous or vexatious, the notice given under subsection (4) shall also set out,

(a) a statement that the head is of the opinion that the request is frivolous or vexatious; and

(b) the reasons for which the head is of the opinion that the request is frivolous or vexatious.

Extension of time

(6) The head may extend the 30-day time limit described in subsection (2) or (4) for a period of time that is reasonable in the circumstances and shall give the individual who made the request written notice of the extension setting out,

(a) the length of the extension; and

(b) the reason for the extension.

Deemed refusal

(7) A head who fails to disclose information within the 30-day period described in subsection (2) or (4), or within the extended time period referred to in clause (6) (a) if the head has extended the time limit, is deemed to have given notice of refusal to disclose the information on the last day of the period during which notice should have been given.

Request for correction of personal information

30. (1) An individual may, in writing, request a correction in the personal information requested under subsection 29 (1) or disclosed to him or her under subsection 29 (2) if the individual believes the personal information contains an error or omission.

Refusal

(2) If the head refuses the request for a correction, he or she shall notify the individual in writing and give him or her information about the right to appeal the refusal.

Appeal to Information and Privacy Commissioner

31. (1) An individual may appeal to the Information and Privacy Commissioner,

(a) a refusal by the head to disclose the individual’s personal information under subsection 29 (3) or (7);

(b) the extension of time under subsection 29 (6);

(c) a refusal to correct the individual’s personal information under subsection 30 (2).

Same

(2) Part IV (Appeal) of the Freedom of Information and Protection of Privacy Act applies, with the following modifications, with respect to the appeal:

1. A reference in Part IV to a “head” shall be read as if it were a reference to the chair of the Corporation’s board of directors.

2. A reference in Part IV to an “institution” shall be read as if it were a reference to the Corporation.

3. A reference in Part IV to a “record” shall be read as if it were a reference to a record containing the personal information of the appellant.

4. Subsections 52 (4) to (7) of Part IV do not apply with respect to the appeal. Instead, in an inquiry, the Commissioner may require to be produced to the Commissioner, and may examine, any record containing the personal information of the appellant that is in the Corporation’s custody or control.

5. A reference in section 53 of Part IV to “specified exemptions” shall be read as if it were a reference to the exceptions listed in subsection 29 (3) of this Act.

6. Subsection 56 (2) of Part IV does not apply.

Compliance

(3) The Corporation shall comply with the Commissioner’s production requirements and with the Commissioner’s order disposing of the appeal.

Information and Privacy Commissioner’s review of practices

32. (1) The Information and Privacy Commissioner may, from time to time, review the Corporation’s practices to check that there has been no unauthorized collection, use, disclosure, access to or modification of personal information in its custody.

Duty to assist

(2) The Corporation shall co-operate with and assist the Commissioner in the conduct of the review.

Orders

(3) If the Commissioner determines that a practice contravenes this Act, the Commissioner may order the Corporation to discontinue that practice and to destroy personal information collected or retained under that practice.

Delegation

Delegation

33. The head may, in writing, delegate his or her powers or duties under this Part to an officer of the Corporation subject to any limitations, restrictions, conditions and requirements set out in the delegation.

Part IV
Other Matters

Not public money

34. The money that the Corporation and its subsidiaries, if any, collect or receive in carrying out their objects is not public money within the meaning of the Financial Administration Act and if the money is invested, any accrual in the value of the investments is not public money.

Cost recovery by the Corporation

35. (1) The Corporation is entitled to be paid from the pension fund of the Ontario Retirement Pension Plan the Corporation’s reasonable fees and expenses relating to the administration of the pension plan and the administration and investment of the pension fund, including reimbursement for fees and expenses incurred before the pension plan is established.

Same

(2) The Corporation may pay from the pension fund to an agent of the Corporation or to any other person who provides services relating to the administration of the pension plan and the administration and investment of the pension fund the reasonable fees and expenses of the agent or other person, including fees and expenses for services provided before the pension plan is established.

Loans, etc., to the Corporation

36. (1) The Lieutenant Governor in Council may, by order, authorize the Minister of Finance to purchase securities of, or make loans to, the Corporation in the amounts, at the times and on the terms determined by the Minister, subject to the maximum principal amount specified by the Lieutenant Governor in Council that may be purchased or advanced or that may be outstanding at any time.

Same

(2) The Minister of Finance may pay out of the Consolidated Revenue Fund any amount required for the purposes of subsection (1).

Delegation of Minister’s authority

(3) The Lieutenant Governor in Council may, by order, delegate all or part of the authority of the Minister of Finance under subsection (1) to a public servant who works in the Ministry of Finance, other than in the office of the Minister, or who works in the Ontario Financing Authority.

Crown immunity

37. (1) Although the Corporation is a Crown agent, the Crown is not liable for any obligations or liabilities incurred by the Corporation or any subsidiary under an agreement, security or other instrument and no amount is payable out of the Consolidated Revenue Fund in respect of such an obligation or liability whether or not the Corporation or subsidiary has sufficient assets to satisfy it.

No cause of action

(2) No cause of action arises against the Crown, a minister of the Crown, a Crown employee, a Crown agent other than the Corporation or an employee of such a Crown agent as a result of an act or omission of any of the following persons that is related directly or indirectly to the affairs of the Corporation or a subsidiary,

the administration of the Ontario Retirement Pension Plan or the administration and investment of the pension fund:

1. The Corporation or its subsidiaries, if any.

2. A director or officer of the Corporation or a subsidiary.

3. Any other person associated with the Corporation or a subsidiary, other than a Crown employee.

No proceeding

(3) No proceeding, including a proceeding in contract, tort, restitution, trust or breach of fiduciary obligation, shall be commenced against the Crown, a minister of the Crown, a Crown employee, a Crown agent other than the Corporation or an employee of such a Crown agent by a person who has suffered any damages, injury or other loss based on or related to anything referred to in subsection (1) or (2).

Exception

(4) Subsection (3) does not apply to a proceeding to enforce against the Crown its obligations under a written contract to which it is a party.

Format, etc., of information

38. (1) Despite subsection 3 (1) of the Electronic Commerce Act, 2000, the Corporation may require persons who use, provide or accept information, including documents, under this or any other Act to use, provide or accept the information or documents in an electronic form or in another format without the person’s consent.

Required format

(2) The Corporation may require information, including documents, to be provided to the Corporation in electronic format or another format specified by the Corporation.

Required form

(3) The Corporation may require information to be provided to the Corporation on a form specified or provided by the Corporation.

Other requirements

(4) The Corporation may specify the manner in which information to be provided to it must be certified and documents to be provided to it must be signed or certified.

Information provided by Corporation

(5) Despite any requirement under this or any other Act, the Corporation may provide information, including documents, to persons under this or any other Act in an electronic form or in another format as determined by the Corporation.

Regulations

39. The Lieutenant Governor in Council may make regulations,

(a) prescribing provisions of the Business Corporations Act that apply to the Corporation, and prescribing any modifications, if necessary;

(b) prescribing limits to the Corporation’s powers and conditions on the exercise of its powers;

(c) prescribing any matter that, under this Act, is permitted or required to be prescribed or to be otherwise done by regulation or in accordance with the regulations.

Review of Act

40. The Minister shall initiate a review of this Act and the regulations, or portions of this Act and the regulations, within 10 years after this section comes into force.

Part V (OMitted)

41. Omitted (provides for amendments to this Act).

Part VI (Omitted)

42. Omitted

(provides for coming into force of provisions of this Act).

43. Omitted (enacts short title of this Act).

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