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NEWFOUNDLAND AND

LABRADOR

REGULATION 81/16

Public Sector Compensation Transparency Regulations

under the

Public Sector Compensation Transparency Act

(O.C. 2016-277)

Amended by:

22/18 s1

2018 cI-7.1 s29

110/18

2019 cO-6.1 s53

11/23

2022 cP-30.1 s76

2024 cH-18 s70

NEWFOUNDLAND AND

LABRADOR

REGULATION 81/16

Public Sector Compensation Transparency Regulations

under the

Public Sector Compensation Transparency Act

(O.C. 2016-277)

(Filed December 19, 2016)

Under the authority of

section 9 of the Public Sector Compensation Transparency Act,

the Lieutenant-Governor in Council makes the following regulations.

Dated at St. Johns

, December 16, 2016.

Bernard M. Coffey, Q.C.

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

Definitions

Threshold

Designated public body

Disclosure of specific amounts

Amounts rounded

Time limits

7.1

Time limits re: employees of legislative branch

Disclosure re: exemptions

Schedule

Short title

These regulations may be cited as the Public Sector Compensation Transparency Regulations.

81/16 s1

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Definitions

In these regulations

(a)

"Act" means the Public Sector Compensation Transparency Act ;

(b)

"base salary" means the amount of compensation paid in a year to an employee for the performance of employment duties but does not include other compensation paid to the employee;

(c)

"bonus" means an amount paid to an employee, in addition to the employees base salary, which is based on predetermined criteria;

(d)

"overtime pay" means an amount paid to an employee, in addition to the employees base salary, for the performance of employment duties in excess of the employees regularly scheduled work hours;

(e)

"retroactive salary" means the amount of compensation paid to an employee for adjustments to past salary;

(f)

"severance pay" means an amount paid on retirement, resignation or termination to an employee as an accrued benefit calculated as a number of weeks salary based upon the employee's length of employment but does not include pay in lieu of notice on dismissal or position elimination;

(g)

"shift premium" means an amount paid to an employee in addition to the employees base salary because the employees regular working hours are scheduled outside of normal operational hours or on weekends; and

(h)

"other compensation" means compensation included in total compensation other than base salary, overtime pay, bonuses, shift premiums, retroactive salary and severance pay.

81/16 s2 ; 11/23 s1

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Threshold

The threshold is $100,000.

81/16 s3

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Designated public body

An entity listed in the

Schedule is designated as a public body for the purpose of the Act.

81/16 s4

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Disclosure of specific amounts

In addition to the total compensation disclosed under sections 3 and 4 of the Act, the amounts for the following categories of compensation shall be specifically disclosed:

(

a) base salary;

(

b) overtime pay;

(

c) bonuses;

(

d) shift premium;

(

e) retroactive salary;

(

f) severance pay; and

(

g) other compensation.

81/16 s5

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Amounts rounded

The amounts referred to in

section 5 shall be rounded to the nearest multiple of one hundred dollars.

81/16 s6

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Time limits

(1)The deputy minister of a department or chief executive officer of a public body shall, not later than March 31 of each year, provide written notice to all of

the employees of the department or public body that the information in sections 3 and 4 of the Act will be disclosed.

(2) An employee may file an application under subsection 7(1) of the Act not later than April 16 of each year.

(3) The deputy minister or chief executive officer shall provide a decision regarding the application not later than April 30 of each year.

(4) An employee who is dissatisfied with the decision of the deputy minister or chief executive officer may file an appeal under subsection 7(2) of the Act not later than May 14 of each year.

(5) The President of Treasury Board shall provide a decision regarding the appeal not later than May 30 of each year.

(6) This

section does not apply to employees of the legislative branch.

81/16 s7 ; 22/18 s1 ; 110/18 s1 ; 11/23 s2

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Time limits re: employees of legislative branch

7.1

(1)The clerk shall, not later than March 31 of each year, provide written notice to all of

the employees of the legislative branch that the information in

section 3 of the Act will be disclosed.

(2) An employee of the legislative branch may file an application under subsection 7.1(1) of the Act not later than April 16 of each year.

(3) The clerk shall provide a decision regarding the application not later than April 30 of each year.

(4) An employee of the legislative branch who is dissatisfied with the decision of the clerk may file an appeal under subsection 7.1(2) of the Act not later than May 14 of each year.

(5) The speaker shall provide a decision regarding the appeal not later than May 30 of each year.

110/18 s2 ; 11/23 s3

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Disclosure re: exemptions

The following information shall be included in disclosure under

section 9 of the Act:

(

a) a statement that no information was exempted from disclosure under the Act where no information was exempted from disclosure under the Act;

(

b) a statement that information regarding one employee was exempted from disclosure under the Act where information regarding one employee was exempted from disclosure under the Act;

(

c) a statement indicating the number of employees whose information was exempted from disclosure under the Act and the aggregate total compensation exempted from disclosure.

81/16 s8 ; 110/18 s3

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Schedule

Board of Commissioners of Public Utilities

C.A.

Pippy Park Commission

Celebrate NL Inc.

College of the North Atlantic

Conseil scolaire fr

ancophone provincial de Terre- Neuve

-et-Labrador

Credit Union Deposit Guarantee Corporation

Human Rights Commission

Independent Appointments Commission

Labour Relations Board

Marble Mountain Development Corporation

Memorial

University

of Newfoundland

Multi-Materials Stewardship Board

Municipal Assessment Agency

Newfoundland and Labrador Film Development Corporation

Newfoundland

and Labrador Housing Corporation

Newfoundland and Labrador Hydro-Electric Corporation and its subsidiaries

Newfoundland and Labrador Liquor Corporation

Oil and Gas Corporation of Newfoundland and Labrador and its subsidiaries

Provincial Advisory Council on the Status of Women

Provincial Health Authority

Provincial Information and Library Resources Board

Public Procurement Agency

Public Service Commission

Royal Newfoundland

Constabulary

The Rooms Corporation

Workplace Health, Safety and Compensation Review Division

Workplace NL

81/16 Sch ; 2018 cI-7.1 s29 ; 110/18 s4 ; 2019 cO-6.1 s53 ; 11/23 s4 ; 2022 cP-30.1 s76 ; 2024 cH-18 s70

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