SNL2018 CHAPTER P-35.2 - PUBLIC BODIES REPORTING ACT

SNL2018 CHAPTER P-35.2 PUBLIC BODIES REPORTING ACT Amended: 2019 c5 s1; 2019 cO-6.1 s51; 2024 cH-18 s67 CHAPTER P-35.2 AN ACT RESPECTING THE REPORTING REQUIREMENTS OF PUBLIC BODIES (Assented to December 5, 2018) Analysis 1. Short title 2. Definitions 3. Act prevails 4. Crown bound 5. Ministerial directives 6. Prohibitions 7. Audit 8. Confidentiality and disclosure 9. Public notice 10. No cause of action 11. No deemed employment relationship or agency 12. Regulations Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Public Bodies Reporting Act. 2018 cP-35.2 s1 Back to Top Definitions 2. In this Act (a) "compensation" means any consideration or remuneration, regardless of its nature or form, including base salary, retainers, benefits, bonuses, allowances, travelling and living expenses, honorariums and severance paid, payable or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle the person to be paid; (b) "directive" means a directive issued under the authority of section 5; (c) "employee" includes a person retained under a contract to perform services for the public body; (d) "minister" means the minister appointed under the Executive Council Act to administer this Act; (e) "organizational structure" means a reporting structure in a public body, the employees in that reporting structure and the duties assigned to those employees; (f) "personal information" means personal information as defined in the Access to Information and Protection of Privacy Act, 2015; and (g) "public body" includes ( i ) a corporation, the ownership of which, or a majority of the shares of which is vested in the Crown and its subsidiaries, and (ii) a corporation, board, commission or other body, the majority of the members of which, or a majority of the members of the board of directors of which are appointed by an Act, the Lieutenant-Governor in Council or a minister, but does not include a court established under an Act of the province. 2018 cP-35.2 s2 ; 2019 c5 s1 Back to Top Act prevails 3. In the event of a conflict between a provision of this Act or the regulations and a provision of any other Act or regulations, other than the Access to Information and Protection of Privacy Act, 2015 and the Personal Health Information Act, this Act and the regulations prevail, unless otherwise stated in this Act . 2018 cP-35.2 s3 Back to Top Crown bound 4. This Act binds the Crown. 2018 cP-35.2 s4 Back to Top Ministerial directives 5. (1) The minister may issue a directive to a public body requiring the public body to do one or more of the following: (a) provide information and documents to the minister regarding (i) employment and related agreements between the public body and one or more of its employees, (ii) compensation policies, plans, guidelines, programs and reports relating to the public body, (iii) the current and projected organizational structure and human resource requirements of the public body, (iv) the current and projected retirement eligibility of employees, and (v) any other information and documents the minister determines necessary for the purpose of this Act and the regulations; (b) conduct an analysis of the information and documents provided under paragraph (a) and any related information and documents; or (c) submit reports to the minister regarding compliance with this Act and the regulations. (2) A public body shall comply with a directive in the form, manner and time period set out in the directive. 2018 cP-35.2 s5 Back to Top Prohibitions 6. A person or public body shall not take any action to evade the requirements set out in this Act or the regulations. 2018 cP-35.2 s6 Back to Top Audit 7. (1) The minister may audit or appoint an auditor to audit the record s of the public body to determine whether the public body is complying with this Act and the regulations. (2) A public body shall (a) co-operate with the minister or auditor; and (b) disclose to the minister or auditor information and documents, including personal information, required for the purpose of determining whether the public body is complying with this Act and the regulations. (3) The auditor shall submit the results of the audit to the minister within the time period specified by the minister. 2018 cP-35.2 s7 Back to Top Confidentiality and disclosure 8. (1) W here a public body provides or is provided information or documents under this Act, the person in receipt of the information and documents shall maintain confidentiality respecting the information and documents. (2) Notwithstanding subsection (1) or any other Act or regulations, including section section 31 of the Hydro Corporation Act, 2024, the minister, the Lieutenant-Governor in Council or the public body may use and disclose information and documents for the purposes of this Act, including personal information provided under this Act, in accordance with the Access to Information and Protection of Privacy Act, 2015. (3) Notwithstanding the Access to Information and Protection of Privacy Act, 2015 or any other Act or regulations, including section section 31 of the Hydro Corporation Act, 2024 and section 23 of the Oil and Gas Corporation Act, where the minister requests information and documents from a public body the information and documents shall be provided to the minister. 2018 cP-35.2 s8 ; 2019 cO-6.1 s51 ; 2024 cH-18 s67 Back to Top Public notice 9. The minister may make public the failure of a public body to comply with this Act or the regulations. 2018 cP-35.2 s9 Back to Top No cause of action 10. (1) An action or proceeding, either in law or in equity, does not lie or shall not be commenced against the Crown or any of its ministers, agents, appointees or employees or against a public body or any of its directors, board members, officers or employees (a) as a direct or indirect result of the enactment, amendment or repeal of any provision of this Act or the regulations; or (b) as a direct or indirect result of anything done or omitted to be done in good faith to comply with this Act and the regulations. (2) Subsection (1) applies to an action or proceeding in contract, restitution, tort, trust, fiduciary obligation or otherwise claiming any remedy or relief, including (a) specific performance, injunction or declaratory relief; and (b) any form of damages or a claim to be compensated for any direct or indirect losses, including loss of earnings, loss of revenue or loss of profit. 2018 cP-35.2 s10 Back to Top No deemed employment relationship or agency 11. Nothing in this Act makes (a) a public body a Crown agent where it is not otherwise a Crown agent; or (b) an employee an employee of the Crown who is not otherwise an employee of the Crown. 2018 cP-35.2 s11 Back to Top Regulations 12. The Lieutenant-Governor in Council may make regulations (a) respecting the collection and use of information and documents, including personal information; (b) defining a word or phrase used but not defined in this Act; and (c) generally, to give effect to this Act. 2018 cP-35.2 s12