Order in Council 103/2021

On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas Ontario established the Business Risk Management Review Committee pursuant to Her Majesty the Queen in Right of Ontario’s prerogative power under Order-in-Council 1310/2011; as amended

Whereas Ontario had made amendments to the Business Risk Management Review Committee under Order-in-Council 1460/2018;

And whereas Business Risk Management Review Committee members require unique training and qualifications, making it important to have flexibility in the appointment and term of members to ensure ongoing capacity;

And whereas the maximum possible duration and number of renewals of the term of an appointment to the Business Risk Management Review Committee, permitted under Order-in-Council 1460/2018, is less than the standard duration and number of appointment renewals as set out in the Agencies and Appointments Directive of Ontario;

And whereas Ontario would like to make amendments to the operation of the Business Risk Management Committee to create further administrative efficiencies to the appointment to the Business Risk Management Review Committee;

Now Therefore and pursuant to the prerogative of Her Majesty the Queen in Right of Ontario to establish bodies to advise and assist Her Majesty’s Government of Ontario, as well as make changes to those bodies, and to provide for the appointment of advisors to serve Her Majesty’s Government of Ontario in the discharge of its executive obligations and responsibilities, the Order-in-Council 1460/2018 is hereby amended as set out herein

Part I – Amendments to Order-In-Council 1460/2018

Amendments to Part IV – the Business Risk Management Review Committee

1. Section 9 Appointments To The Business Risk Management Review Committee of Order-in-Council 1460/2018 is revoked and replaced with the following:

   Appointments To The Business Risk Management Review Committee

   9. 1. The Minister will be responsible for appointing all persons to the BRMRC.
      2. Ministerial appointments to the BRMRC will be for a term of up to three (3) years for the initial appointment that can then be renewed for further terms of up to three years (3) each at the Minister’s sole and absolute discretion.
      3. Individuals appointed to the BRMRC will sit at the pleasure of the Minister.
      4. Despite sections 9(2) and 9(3) of this Order, an individual’s appointment to the BRMRC will remain valid and in force if that individual is seized of one or more requests for review until a decision has been made in relation to that request for review or those requests for review, as the case may be.
      5. Where one or more specialized rosters within the BRMRC is established, the Minister will appoint a sufficient number of individuals for that specialized roster to meet any quorum requirements set out in the rules the BRMRC establishes pursuant to section 20(1) the of Order-in-Council 1460/2018 to process a request for review in relation to that Designated Program.
      6. The Minister will not appoint an individual to a specialized roster within the BRMRC if that individual does not meet all of the criteria to be appointed to that specialized roster.

Part II- General

2. Any terms not specifically subscribed in Part I of this Order-in-Council shall have the same meaning and continue as set out in Order-in-Council 1460/20118

Part III- Consolidated Order-in-Council

3. Appendix 1 of this Order-in-Council is a consolidated version of Order-in-Council 1460/2018, as amended by this Order-in-Council.

This Order is effective as of January 28, 2021.

Appendix I – Consolidated order-in-council 1460/2018