About the Broader Public Sector Accountability Act, 2010
The Broader Public Sector Accountability Act, 2010 (BPSAA) was introduced on October 20, 2010 and received Royal Assent on December 8, 2010. The BPSAA establishes new rules and higher accountability standards for hospitals, Local Health Integration Networks (LHINs) and broader public sector organizations.
The BPSAA:
- Bans the practice of hiring lobbyists using public funds
- Increases accountability for hospitals and LHINs
- Establishes new procurement and expense rules for certain large BPS organizations
- Adds accountability measures related to compliance and expense rules
- Brings hospitals under the Freedom of Information and Protection of Privacy Act (FIPPA)
As of April 1, 2011, all hospitals are subject the following components of the BPSAA:
- BPS Expense Directive
- BPS Procurement Directive
- Annual Reporting on consultant use
- Posting expenses
- Attestation related to compliance with reporting on use of consultants, lobbyist rules, expense claims and procurement directive
The Government of Ontario through the Ministry of Finance and the Ministry of Health & Long Term Care have placed considerable emphasis on the manner in which BPS organizations engage consultants. Legislation in the form of Bill 122 and new BPS Procurement Directives require all hospitals to follow specific rules. In response, CMH has developed a new policy entitled; "Use of Consultants". Key elements of the Use of Consultants policy include:
- Formal approval by a Vice-President must be given before consulting services procurement process begins using the prescribed "Consultant Authorization Form" contained in the policy
- All consulting services must be competitively procured by obtaining a minimum of 3 quotations or proposals regardless of the anticipated value of the engagement
- The CMH Board of Directors must provide an "Annual Declaration" to the WW LHIN that all engagements of consultants at CMH have been performed in accordance with requirements of Bill 122 and BPS Procurement Directives.
- Online annual compliance tracking and traceability to Board of Directors (in support of annual Declaration)
Please take a few moments to familiarize yourself with the details of the policy found in the attachments listed at the end of this page.
Hospitals are required to submit attestations indicating compliance with the following requirements of BPSAA:
- Completion and accuracy of reports required on the use of consultants;
- Compliance with the prohibition on engaging lobbyist services using public funds
- Compliance with expense claims directives
- Compliance with procurement directives.
The reporting period the hospital is attesting to is April 1 to the following March 31. Attestations are submitted on an annual basis and be due to the LHIN by June 30th each year. Every hospital is required to post its Board approved attestations on its public website by August 31st of each year for one year and archived after that time.
Hospitals are required to post the expenses of Board members, the CEO/President and members of senior management that report directly to the CEO/President.
The posting cycle will be semi-annually with expenses posted on the hospital's public website 60 days after the end of each reporting period.
The BPSAA Expenses Directive improves accountability and transparency in the Broader Public Sector by:
- Requiring designated BPS organizations to establish expense rules
- Setting out requirements for what needs to be included in each organizations' expense rules
The requirements in the directive contribute to greater alignments with the high standards expected in ministries and agencies of the Government of Ontario.
The purpose of the Directive is:
- To ensure that publicly funded goods and services, including construction, consulting services and information technology are acquired by BPS organizations through a process that is open, fair, and transparent;
- To outline responsibilities of BPS organizations througout each stage of the procurment process; and
- To ensure that procurement processes are managed consistently throughout the BPS
The purpose of the Directive is:
- to provide the public with consistent and accessible business information
CMH supports the principles outlined in the Directive - accountability, transparency and value for money.
The available business documents mandated in the directive are:
- The organization's strategic plan
- An overview of current and future programs and key activities
- Performance measures and targets
- A description of key activities over the previous fiscal year
- An analysis of operational performance
- A discussion of performance targets achieved and actions to be taken if not achieved
- Audited financial statements
To comply with this directive, the following information is available:
Quality Improvement Plan - Check out our most recent progress report
Attachments:
The following are CMH policies that are in compliance with various requirements set out in the expense rules for an organization:
CMH Reimbursement - Travel, Meal and Hospitality Expenses
CMH Prequisite Policy - governs the type of spending that can be claimed by staff or their representative