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Commission on the Reform of Ontario's Public Services

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The Delegated Administrative Authority Review found that <strong>the</strong> DAAs are working effectively<br />

and efficiently as regulators <strong>of</strong> public safety and c<strong>on</strong>sumer protecti<strong>on</strong>. 7 Delegated<br />

Administrative Authorities had <strong>the</strong> following benefits:<br />

392<br />

� Reduced costs to government, because regulatory services are funded through fees<br />

collected from industry;<br />

� Reduced size <strong>of</strong> government as service delivery was transferred to an external,<br />

not-for-pr<strong>of</strong>it service provider;<br />

� Improved regulatory outcomes, as existing DAAs achieved significant gains across a<br />

number <strong>of</strong> measures, including increases in enforcement activities and decreases in<br />

incidents, injuries and fatalities;<br />

� Improved efficiencies. As independent operati<strong>on</strong>s resp<strong>on</strong>sible for <strong>the</strong>ir own risk<br />

management and financial decisi<strong>on</strong>s, DAAs are well positi<strong>on</strong>ed to make efficient<br />

risk-based decisi<strong>on</strong>s <strong>on</strong> resource allocati<strong>on</strong>s;<br />

� Government oversight is retained, as <strong>the</strong> overseeing ministry uses a number <strong>of</strong><br />

accountability mechanisms, including administrative agreements, business plans and<br />

regular reporting <strong>on</strong> performance; and<br />

� Increased industry engagement through participati<strong>on</strong> <strong>on</strong> boards and advisory<br />

committees, which allow regulated industries to directly voice <strong>the</strong>ir views.<br />

A DAA is funded by industry, not taxpayers. It is self-financing through fees collected from<br />

regulated businesses and, in some instances, licensed practiti<strong>on</strong>ers. A DAA is resp<strong>on</strong>sible for<br />

setting its fees, under a process agreed to by <strong>the</strong> minister. 8<br />

Recommendati<strong>on</strong> 16-8: Where <strong>the</strong>re is an existing n<strong>on</strong>-tax revenue stream or where such a<br />

revenue stream can be created, str<strong>on</strong>g c<strong>on</strong>siderati<strong>on</strong> should be given to transferring or<br />

establishing resp<strong>on</strong>sibility for direct delivery to an arm’s-length, not-for-pr<strong>of</strong>it corporati<strong>on</strong>,<br />

under <strong>the</strong> Delegated Administrative Authorities or similar model.<br />

The Ontario government currently delivers a number <strong>of</strong> regulatory programs directly, covering<br />

a broad range <strong>of</strong> sectors and serving a number <strong>of</strong> public interests, including public safety,<br />

worker safety, envir<strong>on</strong>mental protecti<strong>on</strong> and c<strong>on</strong>sumer protecti<strong>on</strong>. In a time <strong>of</strong> fiscal c<strong>on</strong>straint,<br />

<strong>the</strong>re is a risk <strong>of</strong> service erosi<strong>on</strong> as regulatory ministries seek to reduce costs. It is important to<br />

explore different forms <strong>of</strong> service delivery through arm’s-length bodies.<br />

7 Elaine Todres and Associates, “Delegated Administrative Authority Review,” May 2009.<br />

8 Currently, <strong>the</strong> Ministry <strong>of</strong> C<strong>on</strong>sumer <strong>Services</strong> is resp<strong>on</strong>sible for overseeing eight authorities, boards and corporati<strong>on</strong>s that operate under <strong>the</strong><br />

DAA or similar model: Ontario Motor Vehicle Industry Council (Motor Vehicle Dealers and Salespers<strong>on</strong>s); Real Estate Council <strong>of</strong> Ontario (Real<br />

Estate Salespers<strong>on</strong>s and Brokers); Travel Industry Council <strong>of</strong> Ontario (Travel Retailers and Wholesalers); Technical Standards and Safety<br />

Authority (Technical Standards and Safety); Electrical Safety Authority (Electrical Safety); Vintners Quality Alliance <strong>of</strong> Ontario (Ontario VQA<br />

wines); Board <strong>of</strong> Funeral <strong>Services</strong>; and TARION (New Home Warranty Program). The Ontario Seniors’ Secretariat is currently implementing a<br />

new administrative authority, <strong>the</strong> Retirement Homes Regulatory Authority, established under <strong>the</strong> Retirement Homes Act.

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