Third

Session, 48th General Assembly

Elizabeth II, 2018

BILL 33

ACT TO AMEND THE PUBLIC SECTOR COMPENSATION TRANSPARENCY ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE TOM OSBORNE

Minister Responsible

for Human Resource Secretariat

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Public Sector Compensation Transparency Act

expand the application of the

Act to include House of Assembly employees, statutory officers and political

staff;

authorize the Clerk of the

House of Assembly to exempt information from being disclosed regarding House of

Assembly employees, statutory officers and political staff; and

authorize the Speaker of the

House of Assembly to hear an appeal of a decision of the Clerk of the House of

Assembly regarding the exemption of House of Assembly employees, statutory

officers and political staff.

A BILL

AN ACT TO AMEND THE PUBLIC SECTOR

COMPENSATION TRANSPARENCY ACT

Analysis

S.2 Amdt.

Definitions

S.3 Amdt.

Disclosure by government

S.7 Amdt.

Exemptions - employees

S.7.1 Added

Exemptions

- employees of legislative branch

S.9 Amdt.

Disclosure re: exemptions

S.11 Amdt.

Audit by comptroller general

S.12 Amdt.

Regulations

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2016 c.P-41.02

(1) Section 2 of the Public Sector Compensation Transparency Act is amended by renumbering

it as subsection 2(1), renumbering paragraph (

a) as paragraph (a.1) and adding

immediately before that paragraph the following:

(a) "audit committee" means audit

committee as defined in the House of

Assembly Accountability, Integrity and Administration Act ;

(2) Section 2 of the Act is amended by adding

immediately after paragraph (a.1) the following:

(a.2) "clerk" means the Clerk of the House

of Assembly;

(3) Section 2 of the Act is amended by adding

immediately after paragraph (

b) the following:

(b.1) "executive branch" means a

department created under the Executive

Council Act or a branch of the executive government of the province;

(4) Paragraph 2(

c) of the Act is repealed and the

following substituted:

(c) "government" means

(

i) the executive branch, and

(ii) the legislative branch;

(5) Section 2 of the Act is amended by adding

immediately after paragraph (

d) the following:

(d.1) "legislative branch" means the House

of Assembly and statutory offices;

(6) Section 2 of the Act is amended by adding

immediately after paragraph (

e) the following:

(e.1) "political staff" means political

staff as defined in the Conflict of

Interest Act, 1995 ;

(7) Section 2 of the Act is amended by adding

immediately after paragraph (

g) the following:

(g.1) "speaker" means the Speaker of the

House of Assembly;

(g.2) "statutory office" means the office

of a statutory officer;

(g.3) "statutory officer" means

(

i) the Information and Privacy Commissioner,

(ii) the Auditor General,

(iii) the Child and Youth Advocate,

(iv) the Chief Electoral Officer,

(

v) the Citizens' Representative,

(vi) the Commissioner for Legislative Standards,

and

(vii) the Seniors' Advocate;

(8) Section 2 of the Act is amended by adding

immediately after subsection (1) the following:

(2) For the purposes of this Act and the

regulations, political staff and statutory officers are considered to be

employed by the legislative branch.

2. Paragraph 3(

c) of the Act is amended and the

following substituted:

(

c) the area in government in which the employee

was employed on December 31 of the previous year, or, where the employee

discontinued employment with government during the year, the area in government

in which the employee was employed at the time he or she discontinued

employment; and

Section 7 of the Act is amended by adding

immediately after subsection (3) the following:

(4) This

section does not apply to employees of

the legislative branch.

4. The Act is amended by adding immediately after

section 7 the following:

Exemptions - employees

of legislative branch

7.1

(1) The clerk may exempt information from being disclosed regarding an employee of

the legislative branch where

(

a) a written application is submitted in the time

prescribed in the regulations by or on behalf of the employee to the clerk; and

(

b) the clerk is of the opinion that disclosure of

the information could reasonably be expected to threaten the safety or mental

or physical health of the employee.

(2) Where an employee is dissatisfied with the

decision of the clerk under subsection (1), he or she may appeal the decision

to the speaker.

(3) The speaker may exempt information from being

disclosed regarding an employee of the legislative branch where

(

a) the employee submits the appeal in the time prescribed

in the regulations; and

(

b) the speaker is of the opinion that disclosure

of the information could reasonably be expected to threaten the safety or

mental or physical health of the employee.

5. Subsection 9(1) of the Act is repealed and the

following substituted:

Disclosure re:

exemptions

(1) Where

information is exempted from disclosure under this Act

(

a) the clerk shall disclose to the minister that

information has been exempted with respect to employees of the legislative

branch;

(

b) the minister shall disclose to the public that

information has been exempted with respect to employees of government; and

(

c) the chief executive officer of the public body

shall disclose to the minister and the public that information has been exempted

with respect to employees of the public body.

(1) Section 11 of the Act is amended by adding

immediately after subsection (1) the following:

(1.1) The audit committee may request that the

minister direct the comptroller general to audit the records of an office of

the legislative branch to determine whether the office is complying with this

Act.

(2) Subsection 11(2) of the Act is repealed and

the following substituted:

(2) A public body or office of the legislative

branch shall permit the comptroller general to review the records of the public

body or office of the legislative branch.

7. Paragraphs 12(

d) and (

e) of the Act are

repealed and the following substituted:

(

d) prescribing the time within which an

application and appeal shall be submitted under sections 7 and 7.1;

(

e) prescribing the time within which a decision

under sections 7 and 7.1 shall be communicated to the employee who filed the

application or appeal;

Queen's Printer