MR. BRUCE RALSTON

BILL M 201 — 2009

INDEPENDENT BUDGET OFFICER ACT, 2009

This Bill amends the Budget Transparency and Accountability Act to create the Independent Budget Officer, an officer of the Legislative Assembly. The Independent Budget Officer's mandate is to provide objective, timely analysis and updates to the Legislative Assembly about the estimates of the government, the state of the province's finances and trends in the British Columbia economy, to undertake research regarding the province's finances when requested to do so by certain standing committees and members of the assembly, and to provide estimates of the costs of proposals contained in legislation. The Independent Budget Officer is entitled to a right of access to data that are necessary for the performance of his or her mandate.

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Part 6 of the Budget Transparency and Accountability Act, R.S.B.C. 2000, c. 23 is added to read:

Part 6 — Independent Budget Officer

Appointment of Independent Budget Officer

54  (1) The Independent Budget Officer is an Officer of the Legislature.

(2) The Legislative Assembly, by resolution, may appoint a person to be the Independent Budget Officer.

(3) An Independent Budget Officer holds office

(a) on being appointed to a first term, for 6 years, and

(b) if appointed for a second term, for a period up to 6 years as specified in the reappointment resolution.

(4) The Legislative Assembly must not appoint a person under subsection (2) who has not previously been appointed Independent Budget Officer, unless the committee unanimously recommends the appointment of the person.

(5) The Legislative Assembly must not appoint an Independent Budget Officer for a second term under subsection (2) unless

(a) the Independent Budget Officer notifies the committee at least 6 months before the end of the first term that he or she wishes to be considered for reappointment, and

(b) the committee unanimously recommends the reappointment within 60 days of being notified by the Independent Budget Officer under paragraph (a).

(6) A person must not be appointed under subsection (3) for a third or subsequent term.

Oath of Office

55  (1) Before assuming office, the Independent Budget Officer must take an oath before the Clerk of the Legislative Assembly to exercise the powers and perform the duties of the Independent Budget Officer faithfully and impartially.

Mandate

56  (1) The mandate of the Independent Budget Officer is to:

(a) provide independent analysis to the Legislative Assembly of British Columbia about the state of the Province's finances, the estimates of the government, financial impact of legislation and trends in the provincial economy;

(b) when instructed by the following committees, undertake research for that committee into the province's finances and economy:

(i) the Standing Committee on Finance and Government Services;

(iii) the Standing Committee on Public Accounts;

(iii) when requested to do so by another committee or by a member of the Legislative Assembly, undertake research for that committee or member to estimate the financial cost of any proposal that relates to a matter over which the legislature has jurisdiction.

Access to Financial and Economic Data

57  (1) The Independent Budget Officer is entitled by request made to the Secretary of Treasury Board, Deputy Minister of Finance and other deputy ministers to free and timely access to any financial or economic data in the possession of the government that are required for the performance of his or her mandate.

Confidentiality

58  (1) The Independent Budget Officer, and every person acting on behalf or under the direction of him or her, shall not disclose any financial or economic data that come to their knowledge under section 57 (1), unless the disclosure is essential for the performance of his or her mandate.

Powers to Contract

59  (1) The Independent Budget Officer may, in the performance of his or her mandate, enter into contracts, memoranda of understanding or other arrangements in the name of his or her position.

Technical Assistance

60  (1) The Independent Budget Officer may engage on a temporary basis the service of persons having technical or specialized knowledge necessary for the performance of his or her mandate.

Information made available to the Public

61  (1) Upon completion of research, the Independent Budget Officer will make his or her findings available to the public.

 
Explanatory Note

This Bill amends the Budget Transparency and Accountability Act to create the Independent Budget Officer, an officer of the Legislative Assembly. The Independent Budget Officer's mandate is to provide objective, timely analysis and updates to the Legislative Assembly about the estimates of the government, the state of the province's finances and trends in the British Columbia economy, to undertake research regarding the province's finances when requested to do so by certain standing committees and members of the assembly, and to provide estimates of the costs of proposals contained in legislation. The Independent Budget Officer is entitled to a right of access to data that are necessary for the performance of his or her mandate.