Public Sector and MPP Accountability and Transparency Act, 2014 Milloy, Hon. John Minister of Government Services — Bill 179 (40th Parliament, 2nd Session)

Bill 179, 40-2

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Bill 179, Public Sector and MPP Accountability and Transparency Act, 2014

Milloy, Hon. John Minister of Government Services

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[40] Bill 179 Original (PDF)

Bill 179 2014

Act to promote public sector and MPP accountability and transparency by

enacting the Broader Public Sector Executive Compensation Act, 2014 and

amending various Acts

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule

Broader

Public Sector Executive Compensation Act, 2014

Schedule

Amendments

to the Broader Public Sector Accountability Act, 2010

Schedule

Amendments

to the Cabinet Ministers' and Opposition Leaders' Expenses Review and

Accountability Act, 2002 and Related Amendments

Schedule

Amendments

to the Excellent Care for All Act, 2010

Schedule

Amendments

to the Freedom of Information and Protection of Privacy Act and the Municipal

Freedom of Information and Protection of Privacy Act

Schedule

Amendments

to the Legislative Assembly Act

Schedule

Amendments

to the Lobbyists Registration Act, 1998

Schedule

Amendments

to the Ombudsman Act and Related Amendments

Schedule

Amendments

to the Provincial Advocate for Children and Youth Act, 2007

Schedule

Amendments

to the Public Sector Expenses Review Act, 2009

______________

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Contents

of this Act

1. This Act consists of this section, sections 2 and 3

and the Schedules to this Act.

Commencement

(1) Subject to subsections (2) and (3),

this Act comes into force on the day it receives Royal Assent.

Same

(2) The Schedules to this Act come into

force as provided in each Schedule.

Same

(3) If a

Schedule to this Act provides that

any provisions are to come into force on a day to be named by proclamation of

the Lieutenant Governor, a proclamation may apply to one or more of those

provisions, and proclamations may be issued at different times with respect to

any of those provisions.

Short

title

3. The

short title of this Act is the Public Sector and MPP Accountability and Transparency Act, 2014 .

Schedule

Broader Public Sector Executive Compensation Act, 2014

CONTENTS

Interpretation

Definitions

Purpose

Application

Application

to employers

Designated

executives

Compensation

information

Compensation Frameworks

Compensation

frameworks

Effect

of frameworks

New

hire

Existing

employees and office holders

Change

of position

Restructuring,

etc.

Compliance, Enforcement, etc.

Compliance

reports

Audit

Obligation

Overpayments

Offence

Rights

not reduced

constructive dismissal

expropriation or injurious affection

cause of action re enactment of Act, etc.

Rights

preserved

compensation

Conflict

with this Act

deemed employment relationship

Miscellaneous

Directives

Regulations

Complementary Amendment

Bill

122 - School Boards Collective Bargaining Act, 2013

Excellent

Care for All Act, 2010

Commencement and

Short Title

Commencement

Short

title

______________

Interpretation

Definitions

(1) In this Act,

"cash

compensation" means compensation that is the sum of salary and

non-discretionary and discretionary payments, including, but not limited to,

performance pay, incentive pay, bonuses and allowances; ("rémunération en

espèces")

"compensation" means anything paid or provided, directly

or indirectly, to or for the benefit of a person who performs duties and

functions that entitle him or her to be paid, and includes salary, benefits,

perquisites and all forms of non-discretionary and discretionary payments;

("rémunération")

"compensation framework" means a compensation framework

established by the regulations under

section 6; ("cadre de rémunération")

"compensation plan" means the provisions, however

established, for the determination and administration of a person's

compensation; ("régime de rémunération")

"designated employer" means an employer to which this Act

applies under

section 3; ("employeur désigné")

"designated executive" means an employee or office holder

referred to in subsection 4 (1) or (2); ("cadre désigné")

"directive" means a directive made under this Act; ("directive")

"Minister" means the minister to whom the administration

of this Act is assigned under the Executive Council Act ,

except in sections 13 and 15, where it means the minister whose ministry funds,

oversees or otherwise usually deals with the relevant designated employer;

("ministre")

"prescribed" means prescribed in the regulations; ("prescrit")

"regulations" means regulations made under this Act.

("règlements")

Interpretation

re Crown agent

(2) Nothing in this Act makes an

organization a Crown agent where that organization would not otherwise be a

Crown agent.

Purpose

2. The purpose of this Act is to manage

executive compensation in the broader public sector by authorizing the establishment

of compensation frameworks applicable to designated employers and designated

executives.

Application

Application

to employers

(1) This Act applies to the

following employers:

1. Every

hospital within the meaning of the Public Hospitals Act

and the University of Ottawa Heart Institute/Institut de cardiologie de

l'Université d'Ottawa.

2. Every

board within the meaning of the Education Act.

3. Every

university in Ontario and every college of applied arts and technology and

post-secondary institution in Ontario whether or not affiliated with a

university, the enrolments of which are counted for purposes of calculating

annual operating grants and entitlements.

4. Hydro

One Inc. and each of its subsidiaries.

5. Independent

Electricity System Operator.

6. Ontario

Power Authority.

7. Ontario

Power Generation Inc. and each of its subsidiaries.

8. Every

community care access corporation within the meaning of the Community Care Access Corporations Act, 2001 .

9. Subject

to subsection (2), every other authority, board, commission, committee,

corporation, council, foundation or organization that may be prescribed for the

purposes of this section.

Non-application

(2) This Act does not apply to the

following employers:

1. A

municipality.

2. A

local board as defined in subsection 1 (1) of the Municipal

Act, 2001 .

3. Every

authority, board, commission, corporation, office or organization of persons a

majority of whose members, directors or officers are appointed or chosen by or

under the authority of the council of a municipality.

4. Unless

otherwise specifically provided for in the regulations, an organization that

undertakes its activities for the purpose of profit to its shareholders.

Designated

executives

(1) The provisions of this Act

applying to designated executives apply to employees and office holders of

designated employers who meet both of the following qualifications:

1. The

employee or office holder,

i. is

the head of the designated employer, regardless of whether the title of the

position or office is chief executive officer, president or something else,

ii. is

a vice president, chief administrative officer, chief operating officer, chief

financial officer or chief information officer of the designated employer or holds

any other executive position or office with the designated employer, regardless

of the title of the position or office, or

iii. is

the director of education or a supervisory officer of a designated employer

that is a board within the meaning of the Education Act .

2. Under

his or her compensation plan, the employee or office holder is entitled to

receive or could potentially receive annual cash compensation of $100,000 or

more in a calendar year. For the purpose of this paragraph, if the employee or

office holder works only a portion of a year, his or her cash compensation for

the whole year shall be calculated as if he or she were entitled to receive or

could potentially receive cash compensation for the remainder of the year at

the same rate or level.

Additional

designated executives

(2) The Lieutenant Governor in Council may

make regulations designating as designated executives other employees and

office holders who hold executive positions or offices with one or more

designated employers, and where the Lieutenant Governor in Council has done so,

the provisions of this Act applying to designated executives also apply to

those executives and office holders.

Employer

of office holders

(3) A reference in this Act to the employer

of an office holder is a reference to the employer to which the office holder

is appointed, and the use of this terminology is not intended to create a

deemed employment relationship between them for the purposes of this or any

other Act or any law.

Exception

re collective bargaining

(4) Despite subsections (1) and (2), the

provisions of this Act applying to designated executives do not apply to an

employee or office holder who is represented by any of the following

organizations which represent two or more employees for the purpose of

compensation with their employer:

1. An

organization that engages in collective bargaining under the Labour Relations Act, 1995 , the Education

Act , the Crown Employees Collective Bargaining Act,

1993 or the Colleges Collective Bargaining Act,

2008 .

2. An

organization that, before the date this Act applied to the employer,

relating to compensation that were implemented before that date.

3. An

organization that, before the date this Act applied to the employer, had an

established procedure for collectively bargaining with the employer terms and

conditions of employment relating to compensation.

4. Any

other organization provided for in the regulations.

Compensation

information

(1) The Management Board of

Cabinet may issue directives to designated employers requiring the employer to

provide information that the Board considers appropriate relating to compensation

and any other payments that designated executives and other employees and

office holders of the employer may be entitled to.

Same

(2) Without restricting the generality of

subsection (1), a directive may include requirements to provide information

with respect to,

(

a) salaries,

salary ranges, benefits, perquisites, discretionary and non-discretionary

payments, payments payable on or in connection with termination, performance

plans, incentive plans, bonus plans, allowances and any other form of

remuneration;

(

b) agreements

between an employer and one or more employees or office holders relating to

anything mentioned in clause (a);

(

c) compensation

policies, plans, guidelines and programs; and

(

d) compensation

studies.

Deemed

compliance FOI Acts

(3) Any disclosure of personal information

made by a designated employer in compliance with a directive shall be deemed to

be in compliance with clause 42 (

e) of the Freedom of

Information and Protection of Privacy Act and clause 32 (

e) of the Municipal Freedom of Information and Protection of Privacy Act .

Confidentiality

(4) Where an organization that has

provided information described in subsection (1) meets both of the conditions

set out in paragraphs 1 and 2, the Minister and any other person or

entity in receipt of the information shall maintain the information in

confidence, and shall not disclose this information except in accordance with a

directive of the Management Board of Cabinet:

1. The

organization is not an institution within the meaning of the Freedom of Information and Protection of Privacy Act or

the Municipal Freedom of Information and Protection of

Privacy Act .

2. The

organization,

i. is

an organization that undertakes its

Document details

Collection	Ontario — Bills
Citation	Bill 179, 40-2
Type	bill
Volume / chapter	p40 s2 bill 179 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	556f76cf4adbc6a326dfe1cdb7d7c65ff5fb69f8

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