Freedom of Information and Protection of Privacy Act
Ontario, Chapter F.31

PART I -- ADMINISTRATION


Responsible minister
3. The Lieutenant Governor in Council may by order designate a minister of the Crown to be the responsible minister for the purposes of this Act. [R.S.O. 1990, c.F.31, s.3.]

Information and Privacy Commissioner
4. (1) There shall be appointed, as an officer of the Legislature, an Information and Privacy Commissioner to exercise the powers and perform the duties prescribed by this or any other Act.
Appointment
(2) The Commissioner shall be appointed by the Lieutenant Governor in Council on the address of the Assembly.
Term and removal from office
(3) The Commissioner shall hold office for a term of five years and may be reappointed for a further term or terms, but is removable at any time for cause by the Lieutenant Governor in Council on the address of the Assembly.
Assistant Commissioners
(4) The Commissioner shall appoint one or two officers of his or her staff to be Assistant Commissioners. [R.S.O. 1990, c.F.31, s.4.]

Nature of employment
5. (1) The Commissioner shall work exclusively as Commissioner and shall not hold any other office under the Crown or engage in any other employment.
Non-application
(2) The Public Service Act and the Public Service Pension Act do not apply to the Commissioner. [R.S.O. 1990, c.F.31, s.5.]

Salary
6. (1) The Commissioner shall be paid a salary to be fixed by the Lieutenant Governor in Council.
Idem
(2) The salary of the Commissioner shall not be reduced except on the address of the Assembly.
Expenses
(3) The Commissioner is entitled to be paid reasonable travelling and living expenses while absent from his or her ordinary place of residence in the exercise of any functions under this Act.
Pension
(4) Part II of the Legislative Assembly Retirement Allowances Act, except sections 15 and 16 and subsection 18(6), applies with necessary modifications to the Commissioner in the same manner as if the Commissioner were a member of the Legislative Assembly and for the purpose,
"average annual remuneration"
means the average annual salary of the Commissioner during any five years of his or her service, which years need not be consecutive, during which his or her salary was highest; ("rémunération annuelle moyenne")
"remuneration"
means the salary of the Commissioner. ("rémunération") [R.S.O. 1990, c.F.31, s.6.]

Temporary Commissioner
7. If, while the Legislature is not in session, the Commissioner dies, resigns or is unable or neglects to perform the functions of the office of Commissioner, the Lieutenant Governor in Council may appoint a Temporary Commissioner to hold office for a term of not more than six months who shall, while in such office, have the powers and duties of the Commissioner and shall be paid such salary or other remuneration and expenses as the Lieutenant Governor in Council may fix. [R.S.O. 1990, c.F.31, s.7.]

Staff
8. (1) Subject to the approval of the Lieutenant Governor in Council, the Commissioner may employ mediators and any other officers and employees the Commissioner considers necessary for the efficient operation of the office and may determine their salary and remuneration and terms and conditions of employment.
Benefits
(2) The employee benefits applicable from time to time to the public servants of Ontario with respect to,
(a) cumulative vacation and sick leave credits for regular attendance and payments in respect of such credits;
(b) plans for group life insurance, medical-surgical insurance or long term income protection; and
(c) the granting of leave of absence,
apply to the employees of the Commissioner and where such benefits are provided for in regulations made under the Public Service Act, the Commissioner, or any person authorized in writing by him or her, may exercise the powers and duties of a minister or deputy minister or of the Civil Service Commission under such regulations.
Public Service Pension Plan
(3) The Commissioner shall be deemed to have been designated by the Lieutenant Governor in Council under the Public Service Pension Act as a commission whose permanent and probationary staff are required to be members of the Public Service Pension Plan. [R.S.O. 1990, c.F.31, s.8.]

Premises and supplies
9. (1) The Commissioner may lease any premises and acquire any equipment and supplies necessary for the efficient operation of the office of the Commissioner.
Audit
(2) The accounts and financial transactions of the office of the Commissioner shall be audited annually by the Provincial Auditor. [R.S.O. 1990, c.F.31, s.9.]

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