3. Independence of the Commissioner’s Office

Until 2014, the political independence of the Commissioner’s Office could have been compromised by any change of minister or government.

Recommendation for independence

In this context, the Commissioner indicated in his 2011-2012 annual report, Straight Forward, that he favoured the idea of reporting directly to the Legislative Assembly. The reasons were quite simple: ensure political non-interference and involve MPPs in the Commissioner’s accountability. There was also the matter of his duty to be accountable to them, to obtain outside legal advice other than from the Attorney General of Ontario so as to ensure legal independence, to shelter the Office from potential budget cuts, and to maintain freedom of action and accountability for public funds. Lastly, the Commissioner’s Office needed to gain administrative independence by separating itself from the Office of Francophone Affairs.

In December 2013, the Legislative Assembly unanimously passed Bill 106, which made the Commissioner an Officer of the Legislature. Since January 1, 2014, the Commissioner has been protected from any future political interference.