Labour Union and Employees Association Financial Accountability Act, 1998 Gilchrist, Steve — Bill 3 (36th Parliament, 2nd Session)

Bill 3, 36-2

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Bill 3, Labour Union and Employees Association Financial Accountability Act, 1998

Gilchrist, Steve

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B003_E

Bill 3 1998

An Act to promote Full Financial Accountability of Labour Unions and

Employees Associations to their Members

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

Assembly of the Province of Ontario, enacts as follows:

Purpose

1. The purpose of this Act is to assure the public

disclosure of,

(

a) the assets and liabilities of labour unions and employees

associations; and

(

b) the salary and benefits that labour unions and employees associations

pay in respect of employment to employees to whom they pay a salary of

$100,000 or more in a year.

Definitions

2. In this Act,

benefit" means each amount that an employee,

(

a) is required by subsection 6 (1) of the Income Tax Act

(Canada) to include in income from an office or employment, or

(

b) is required by

section 6 of that Act, except subsection 6 (1), (3) or

(11), to include in income from an office or employment as a benefit, within

the meaning of that Act, or as an amount in respect of a group term life

insurance policy; ("avantage") "

employee" means a person employed by a labour union or an employees

association in Ontario and includes a dependent contractor within the meaning

of the Labour Relations Act, 1995 , a director or an officer of a

labour union or employees association; ("employé")

employees association" means an association of employees that is

recognized as the exclusive bargaining agent of the employees in an agreement

in writing between the employees and their employer that sets out the terms

of employment of the employees; ("association d'employés")

labour union" means a trade union within the meaning of the Labour

Relations Act, 1995 and includes a local labour union and a parent

labour union; ("syndicat")

local labour union" means a local trade union within the meaning of

subsection 145 (1) of the Labour Relations Act, 1995\; ("syndicat

local")

parent labour union" means a parent trade union within the meaning of

subsection 145 (1) of the Labour Relations Act, 1995\; ("syndicat

parent")

salary" means the total of each amount received by an employee that

is,

(

a) an amount that the employee is required by

section 5 of the Income

Tax Act (Canada) to include in income from an office or employment,

(

b) an amount deemed by subsection 6 (3) of that Act to be remuneration of

the employee for the purposes of

section 5 of that Act, or

(

c) an amount received by the employee by reason of a right to receive a

deferred amount under a salary deferral arrangement mentioned in subsection 6

(11) of that Act. ("traitement")

Disclosure Obligations

Asset and liability disclosure

(1) Not later than March 31 of each year beginning

with the year 1999, every labour union and employees association shall make

available for inspection by the public without charge an audited statement on

its financial affairs to the end of its last fiscal year ending in the

previous year.

Person making statement

(2) The statement shall be certified by the treasurer or any other officer

of the labour union or employees association responsible for the handling and

administration of its funds.

Contents of statement

(3) The statement shall indicate the year to which the information in it

relates and shall list the assets and liabilities of the labour union or

employees association in accordance with the standards that may be prescribed

by the regulations made under this Act.

Location and time of inspection

(4) A labour union or employees association required by this

section to

make a statement available to the public by March 31 in a given year shall

allow the public to inspect it without charge at a suitable location on the

premises of the labour union or employees association at any time during the

normal working hours of the labour union or employees association throughout

the period beginning on March 31 and ending on March 30 of the following

year.

Salary disclosure

(1) Not later than March 31 of each year beginning

with the year 1999, every labour union and employees association shall make

available for inspection by the public without charge a written record of the

amount of salary and benefits that it paid in the previous year to or in

respect of an employee to whom it paid at least $100,000 as salary.

Same, parent labour union

(2) Not later than March 31 of each year beginning with the year 1999,

every parent labour union shall make available for inspection by the public

without charge a written record of the amount of salary and benefits that the

parent labour union and its local labour unions in aggregate paid in the

previous year to or in respect of an employee to whom they in aggregate paid

at least $100,000 as salary.

Contents of record

(3) The record shall indicate the year to which the information in it

relates, shall list employees alphabetically by surname, and shall show for

each employee,

(

a) the employee's name as shown on the payroll records of the labour

union or employees association;

(

b) the office or position last held by the employee in the labour union

or the employees association in the year;

(

c) the amount of salary that the labour union or the employees

association paid to the employee in the year;

(

d) the amount of benefits that the labour union or the employees

association reported to Revenue Canada, Taxation under the Income Tax

Act (Canada) for the employee in the year.

Statement instead of record

(4) For any year beginning in the year 1998 in which a labour union or an

employees association has no employees to whom it paid at least $100,000 as

salary, it shall, not later than March 31 of the following year, make

available for inspection by the public without charge a written statement,

certified by its highest ranking officer, that it paid no employees in the

year a salary of $100,000 or more.

Same, parent labour union

(5) For any year beginning in the year 1998 in which a parent labour union

and its local unions have no employees to whom they in aggregate paid at

least $100,000 as salary, the parent labour union shall, not later than March

31 of the following year, make available for inspection by the public without

charge a written statement, certified by its highest ranking officer, that

the parent trade union and its local trade unions in aggregate paid no

employees in the year a salary of $100,000 or more.

Location and time of inspection

(6) A labour union or employees association required by this

section to

make a record or statement available to the public by March 31 in a given

year shall allow the public to inspect it without charge at a suitable

location on the premises of the labour union or employees association at any

time during the normal working hours of the labour union or employees

association throughout the period beginning on March 31 and ending on March

30 of the following year.

Publication of record

(7) A labour union or employees association that normally issues an annual

report or statement on its activities or financial affairs, shall include in

the annual report or statement the record or statement that this

section

requires it to make available to the public for the year ending in the period

covered by the annual report or statement.

Copy of statements

(1) Not later than March 31 of each year beginning

with the year 1999, every labour union and employees association shall

deliver to the Minister of Finance without charge a copy of,

(

a) the audited statement on its financial affairs that it is required to

make available to the public under

section 3 for its last fiscal year ending

in the previous year; and

(

b) the record or statement that it is required to make available to the

public under

section 4 with respect to salary and benefits that it paid in

the previous year.

Copy to public

(2) A labour union or employees association shall promptly deliver to any

person, other than the Minister of Finance, a copy of a statement or record

that it is required to make available to the public under

section 3 or 4 if

the person requests a copy and pays the labour union or employees association

the fee prescribed by the regulations made under this Act.

Time of request

(3) Subsection (2) applies even if the request is made after the period

mentioned in subsection 3 (4) or 4 (6).

List

(4) A labour union or employees association that delivers a copy of a

statement or record under subsection (2) shall keep a list of the names and

addresses of persons to whom it delivers a copy.

No copyright

(5) There is no copyright with regard to a statement or record mentioned

section 3 or 4, and the information contained in it may be published by

any member of the public to whom it is made available.

Enforcement

Complaint to Board

(1) A person who is a member of a labour union or

employees association and who feels that the labour union or employees

association has not made available to the public a statement or record as

required by

section 3, 4 or 5 or that a statement or record that it has made

available to the public under this Act contains false or incomplete

information may file a complaint with the Ontario Labour Relations Board.

Powers of Board

(2) Sections 96, 97, 98 and 108 of the Labour Relations Act, 1995

apply to the complaint with the necessary modifications in the

circumstances.

Correction of statements

(3) If the Ontario Labour Relations Board finds that a labour union or

employees association has failed to comply with

section 3, 4 or 5 or has

provided false or incomplete information in a statement or record that it is

required to make available under this Act, the Board shall notify the

Management Board of Cabinet in writing and may order that,

(

a) the labour union or employees association promptly,

(

i) prepare a revised statement or record as required by

section 3 or 4,

as the case may be, and that is accurate and complete, and

(ii) deliver a copy of it without charge to the Minister of Finance and

every person to whom the labour union or employees association has delivered

a copy of the unrevised statement or record under subsection 5 (2); or

(

b) a person licensed under the Public Accountancy Act or a

person who is a member of a firm whose partners are licensed under that Act

prepare a revised statement or record as required by

section 3 or 4, as the

case may be, and deliver a copy of it to the labour union or employees

association and every person to whom it has delivered a copy of the unrevised

statement or record under subsection 5 (2).

Cost of revised statements

(4) The labour union or employees association shall pay the cost of having

a revised statement or record, as the case may be, prepared under clause (3)

(b).

Withholding payment

(1) If a labour union or employees association does

not deliver to the Minister of Finance a statement or record that it is

required to deliver under subsection 5 (1) or if the Ontario Labour Relations

Board gives a notice under subsection 6 (3), the Management Board of Cabinet

may direct that a ministry of the Crown withhold part or all of any amount

that the ministry is authorized by appropriation of the Legislature, by

statute or by agreement to pay to the labour union or employees association

to fund an activity or program of the labour union or employees

association.

End of withholding

(2) Subject to subsection (3), an amount withheld under subsection

(1) shall be paid to the labour union or employees association from whom it is

withheld only when the labour union or employees association,

(

a) complies with

section 3, 4 or 5, as the case may be; and

(

b) ha

Document details

Collection	Ontario — Bills
Citation	Bill 3, 36-2
Type	bill
Volume / chapter	p36 s2 bill 3 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	c987c388eaff1c5be2a2180b7149f9cef5abef0f

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