Summary#

Bill 148, the Cleaning Up Corruption Act, 2023, would amend Ontario’s Auditor General Act and Members’ Integrity Act, 1994; it does not create a new law or agency. Its stated goal is to address corruption by widening access to records and tightening conflict-of-interest rules.

• Ministries, Crown agencies, Crown-controlled corporations and grant recipients would have to give the Auditor General information the Auditor General considers necessary for their work, even if it is confidential or subject to legal privilege.
• The Auditor General would be entitled to access necessary records and property held by those bodies despite privacy, confidentiality or privilege rights, including public interest immunity.
• The definition of a member’s family would include adult children, siblings and parents. Members could not make or take part in decisions that create an opportunity to further their own private interest, or improperly further another person’s private interest—including where that result is reasonably perceived.
• Members could not give a person or organization preferential treatment based on that person’s or organization’s identity. The Integrity Commissioner could start an inquiry without a referral and could expand its scope before it ends.
• The Act would start on Royal Assent.

What it means for you#

• Ministries, Crown bodies and grant recipients: They would have to provide relevant information and access to relevant records or property when the Auditor General believes these are needed for the Auditor General’s duties. The bill does not say this information would automatically become public.
• Members of the Legislative Assembly: They would face the broader conflict-of-interest test and the ban on preferential treatment based on identity.
• Integrity Commissioner: The Commissioner would have discretion to begin an inquiry without a referral and to broaden an inquiry. The bill does not require the Commissioner to investigate every possible case.
• The public: The bill does not directly change taxes, benefits, services or eligibility for a program.

Money#

No publicly available information on the bill’s cost is provided in the supplied material.

• The bill requires named public bodies and grant recipients to provide information and access, but gives no estimate of the cost of doing so.
• It does not specify new funding, staffing or fees.

What is unclear#

• The current versions of the two Acts were not supplied, so the existing rules and the exact changes from current law could not be independently checked.
• The bill does not set out procedures or safeguards for handling confidential or privileged records once the Auditor General has access to them.
• It does not explain how the Integrity Commissioner would decide whether to start or expand an inquiry, or set timelines or reporting rules.
• The bill does not define “identity,” “preferential treatment” or the relevant private interests in its text. The parent Act may define some related terms; that could not be checked from the supplied material.

Case for#

• A possible argument for the bill is that the Auditor General could examine relevant records even when confidentiality or privilege would otherwise limit access. That could make it harder for important information to be kept from an audit.
• The broader conflict test could address decisions that create a reasonable perception of an opportunity to benefit a member or improperly benefit someone else, even if the member’s actual knowledge is disputed.
• Allowing the Commissioner to start an inquiry without a referral could make inquiry possible when no member or minister has referred a matter.

Case against#

• One concern is that the bill gives the Auditor General access to privileged and confidential material without setting out handling safeguards in the bill.
• The Commissioner’s power to start or expand an inquiry depends on the Commissioner deciding it is appropriate. The bill does not set criteria for that decision.
• “Preferential treatment” and “based on the identity” are not explained in the bill. Without clearer boundaries, members may have uncertainty about which actions are prohibited.