Bill 5 — First Session, 29Th Legislature, 64 Elizabeth Ii the Legisla Tive Assembly of Alberta Bill 5 Publi C Sector Compensation Transparency Act (Legislature 29, Session 1)

L29 S1 11613

Alberta — Bills

2015 Bill 5 First Session, 29th Legislature, 64 Elizabeth II THE LEGISLA TIVE ASSEMBLY OF ALBERTA BILL 5 PUBLI C SECTOR COMPENSATION TRANSPARENCY ACT THE MINISTER OF JUSTICE AND SOLICITOR GENERAL Firs t Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 5 BILL 5 2015 PUBLIC SECTOR COMPENSATION TRANSPARENCY ACT ( A s s e n t e d t o , 2 0 1 5 ) Table of Contents 1

Definitions 2 Disclosure by the Government of Alberta 3 Disclosure by public sector bodies 4 No disclosure required 5 Disclosure re health service providers 6 Exemption 7 Minister’s powers 8 In-house audit 9 Ministerial audit 10 Education bodies authorized to disclose 11 Municipal authorities authorized to disclose 12 Disclosure permitted despite other laws 13 Regulations 14 - 22 Consequential amendments HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) “base salary” means the base amount of remuneration paid in a year by the Government of Alberta to an employee in relation to the employee’s performance of employment duties, and does not include any bonus, overtime or shift differential;

2 (b) “compensation” means the total of all amounts paid and benefits provided in a year by a public sector body to an employee or member that are required for tax purposes to be included in that employee’s or member’s income for that year, as may be further specified in, or meet the criteria set out in, the regulations, if any, but does not include any amount of severance in respect of that year; (c) “education body” means (

i) a board of a public school district, separate school district, school division or regional division under the School Act, (ii) a board as defined in the Northland School Division Act, (iii) the Regional authority of a Francophone Education Region under the School Act, (iv) a person responsible fo r the operation of a private school registered and accredited under the School Act that receives a grant under the Education Grants Regulation (AR 120/2008), and (

v) the operator of a charter school established under the School Act; (d) “health service provider” means a practitioner and any other individual and any part or all of an organization or body that is identified in the regulations as a health service provider; (e) “member” means, (

i) in respect of a public sector body that is a corporation, a member of the public sector body or of its board, council or other governing body, and (ii) in respect of a public sector body that is an unincorporated body, a member of the public sector body; (f) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act;

3 (g) “monetary benefits” means the total amount of remuneration, other than base salary, paid in a year by the Government of Alberta to an employee in relation to the employee’s performance of employment duties; (h) “municipal authority” means a municipal authority as defined in the Municipal Government Act; (

i) subject to the regulations, “non-monetary benefits” (

i) in relation to an employee of the Government of Alberta, means the total amount or value of non-monetary benefits provided in a year by the Government of Alberta to or in respect of the employee and includes the employer’s portion of pension contributions in respect of the employee, and (ii) in relation to an employee or member of a public sector body, means the total amount or value of non-monetary benefits provided in a year by the public sector body to or in respect of the employee or member that are not required for tax purposes to be included in that employee’s or member’s income for that year and includes the public sector body’s portion of pension contributions in respect of the employee or member; (j) “Office of the Legislature” means (

i) the Legislative Assembly Office, (ii) the Office of the Auditor General, (iii) the Office of the Ombudsman, (iv) the Office of the Chief Electoral Officer, (

v) the Office of the Ethics Commissioner, (vi) the Office of the Information and Privacy Commissioner, (vii) the Office of the Ch ild and Youth Advocate, and (viii) the Office of the Public Interest Commissioner;

4 (

k) subject to the regulations, “practitioner” means a practitioner as defined in the Alberta Health Care Insurance Act; (l) “public agency” means (

i) a public agency to which the Alberta Public Agencies Governance Act applies, and (ii) any other body identified in the regulations as a public agency; (m) “public sector body” means (

i) an Office of the Legislature, (ii) a public agency and the subsidiaries of a public agency, (iii) Covenant Health and the subsidiaries of Covenant Health, and (iv) any part or all of a person, an organization or a body, whether incorporated or not, that is identified in the regulations as a public sector body; (

n) subject to the regulations , “severance” means, except in sections 10 and 11, the total of (

i) any remuneration paid or payable to an employee or member in lieu of or supplementary to notice of termination of employment or appointment, and (ii) any salary or remuneration paid or payable to an employee or member after permanent termination of the employee’s employment or the member’s appointment or status as a member; (o) “threshold”, except in a regulation made under

section 5, means (

i) in relation to an employee of the Government of Alberta, (

A) for the 2015 calendar year, $104 754 of base salary or severance, and

5 (

B) for a subsequent calendar year, the amount referred to in paragraph (

A) adjusted cumulatively from year to year by a percentage equal to the increase to the Alberta Consumer Price Index, All Items, published by Statistics Canada for each year; and (ii) in relation to the total compensation and severance provided to an employee by a public sector body, (

A) for the 2015 calendar year, $125 000, and (

B) for a subsequent calendar year, the amount referred to in paragraph (

A) adjusted cumulatively from year to year by a percentage equal to the increase to the Alberta Consumer Price Index, All Items, published by Statistics Canada for each year. Disclosure by the Government of Alberta 2(1) Commencing in 2016, on or before June 30 in each year, the Minister shall disclose the following to the public, in the form and manner determined by the Minister, with respect to each employee of the Government of Alberta whose base salary or severance during the previous calendar year is greater than the threshold referred to in

section 1(o)(i): (

a) a statement of remuneration in relation to the previous year in accordance with subsection (2); (

b) subject to the regulations, any contract of employment with respect to the employee (

i) under

section 28 of the Public Service Act, or (ii) if the employee is (

A) a person appointed to the position of deputy minister under

section 4 of the Government Organization Act, (

B) a senior official appointed by an order in council and paid directly by the government, or

6 (

C) a person who works in the office of a minister or the Premier; (

c) subject to the regulations, any contract with respect to the employee’s severance or other terms and conditions for the termination of the employee’s employment.

(2) The statement of remuneration disclosed under this

section must provide the following information separately with respect to each employee whose base salary or severance during the previous year is greater than the threshold: (

a) the employee’s name; (

b) the position or appointment last held by the employee during the previous year; (

c) the most recent office or department in which the employee was employed during the previous year; (

d) the employee’s most recent classification during the previous year; (

e) the amount of base salary paid to the employee during the previous year; (

f) the amount of monetary benefits paid to the employee during the previous year; (

g) the amount or value of non-monetary benefits provided to or in respect of the employee during the previous year; (

h) the amount of any severance paid to the employee, or to which the employee became entitled, during the previous year; (

i) any documents, records or other information set out in the regulations.

(3) In addition to the disclosure referred to in subsection (1), the Minister must disclose the information set out in subsections (1)(

c) and (2)(

h) on or before December 31 in each calendar year with respect to the 6-month period ending on June 30 of that year.

(4) The Minister shall not disclose information in respect of which an employee of the Government of Alberta has a contractual or other legal right of confidentiality that was acquired prior to January 20, 2014.

(5) The Lieutenant Governor in Council may, by regulation, establish the period of time during which a disclosure under this

section is to remain public. Disclosure by public sector bodies 3(1) Commencing in 2016, on or before June 30 in each year, every public sector body shall disclose to the public and the Minister, in the form and manner determined by the Minister, a statement of remuneration in relation to the previous calendar year in accordance with subsection (2).

(2) The statement of remuneration disclosed under this

section must provide the following information separately with respect to each employee whose total compensation and severance for the previous year is greater than the threshold referred to in

section 1(o)(ii) and with respect to each member: (

a) the employee’s or member’s name; (

b) the position or appointment last held by the employee or member during the previous year; (

c) the amount of compensation provided to the employee or member during the previous year; (

d) the amount or value of all non-monetary benefits provided to or in respect of the employee or member during the previous year; (

e) subject to a regulation under subsection (3), (

i) the amount of severance, if any, paid to the employee or member, or to which the employee or member became entitled, during the previous year, and (ii) any documents, records or other information set out in the regulations.

(3) Despite subsection (1), the Lieutenant Governor in Council may, by regulation, vary the time or times during each year by which any or all public sector bodies shall disclose (

a) the amount of severance paid or payable to employees and members, and (

b) a document, record or other information referred to in subsection (2)(e)(ii).

(4) Subject to subsection (5) and the regulations, a public sector body shall not disclose information in respect of which an employee or member has a written contractual right of confidentiality that was acquired prior to November 5, 2015. (5) Subsection (4) applies until the earlier of (

a) December 31, 2017, (

b) the date on which the contractual right of confidentiality referred to in subsection (4) expires, and (

c) the date, if any, on which the employee or member, in writing, waived that right.

(6) The Lieutenant Governor in Council may, by regulation, establish the period of time during which a disclosure under this

section is to remain public. No disclosure required 4 If a public sector body has no employees whose total compensation and severance for the previous year is greater than the threshold and no members who were paid compensation or severance, who became entitled to severance or to or in respect of whom non-monetary benefits were provided during the previous year, (

a) the public sector body is not required to make a disclosure under

section 3 in respect of that year, and (

b) the public sector body shall so advise the public and the Minister in the form and manner determined by the Minister.

9 Disclosure re health service providers 5(1) In this section, subject to the regulations, (a) “Alternative Relationship Plan” means an Alternative Relationship Plan as defined in the Medical Benefits Regulation (AR 84/2006); (b) “health services” includes health-related programs; (c) “publicly funded health services” includes all health services that are funded fully or partially and directly or indirectly with public funds.

(2) The Lieutenant Governor in Council may, by regulation, require the Crown to disclose to the public and the Minister, in the form and manner determined by the Minister or under the regulations, information, documents and records, including practitioners’ personal information, with respect to (

a) claims made under the Alberta Health Care Insurance Act, including claims in respect of (

i) Alternative Relationship Plans, and (ii) agreements and arrangements under

section 20 of the Alberta Health Care Insurance Act, and (

b) payments in respect of those claims.

(3) The Lieutenant Governor in Council may, by regulation, require the following health entities to disclose to the public and the Minister, in the form and manner determined by the Minister or under the regulations, information, documents and records, including health service providers’ personal information, with respect to any funding received, payments made or benefits provided by that health entity in respect of publicly funded health services and in respect of health service providers: (

a) the Government of Alberta; (

b) a regional health author ity and a subsidiary health corporation under the Regional Health Authorities Act; (

c) the Alberta Medical Association;

10 (

d) Covenant Health and the subsidiaries of Covenant Health; (

e) any part or all of any other person, organization or body, whether incorporated or not, that provides or receives funding in respect of publicly funded health services.

(4) This

section does not authorize the disclosure of personal information about patients. Exemption 6(1) The Lieutenant Governor in Council may, by regulation, exempt from the application of part or all of this Act part or all of a public sector body or a health entity referred to in

section 5(3) to which this Act would otherwise apply.

(2) The Minister may, in writing, (

a) on application by an employee of the Government of Alberta, exempt the Government of Alberta from any part or all of the requirement to disclose under this Act in respect of the employee if in the opinion of the Minister that disclosure could unduly threaten the safety of the employee; (

b) on application by a public sector body, or an employee or member of a public sector body, exempt the public sector body from any part or all of the requirement to disclose under this Act in respect of an employee or member of the public sector body if in the opinion of the Minister that disclosure could unduly threaten the safety of the employee or member; (

c) on application by a practitioner referred to in

section 5(2) or a health entity or health service provider referred to in

section 5(3)(b), (c), (

d) or (e), exempt (

i) the Crown from any part or all of the requirement to disclose under this Act or the regulations in respect of a practitioner if in the opinion of the Minister that disclosure could unduly threaten the safety of the practitioner, or (ii) a health entity from any part or all of the requirement to disclose under this Act or the regulations in respect of a health service provider if in the opinion

11 of the Minister that disclosure could unduly threaten the safety of the health service provider.

(3) The Minister may, in writing, exempt (

a) the Crown from any part or all of the requirement to disclose under

section 5(2) if in the opinion of the Minister that disclosure could unduly threaten the safety of a practitioner, or (

b) the Government of Alberta from any part or all of the requirement to disclose under

section 5(3) if in the opinion of the Minister that disclosure could unduly threaten the safety of a health service provider.

(4) The Lieutenant Governor in Council may, by regulation, establish additional exemption criteria respecting the disclosure required under

section 5. Minister’s powers 7(1) The Minister may, in writing, establish a process for correcting or providing a notice of correction in respect of a disclosure under this Act after the date on which the disclosure was initially made.

(2) The Minister may aggregate or republish any part or all of the information disclosed in accordance with this Act in the form and manner determined by the Minister.

(3) The Minister may at any time require an officer, director or employee of a body (

a) that the Minister believes might be a public sector body to provide any information, including employees’ or members’ personal information, that the Minister requires to determine whether the body is a public sector body; (

b) that the Minister believes might be a health entity referred to in

section 5(3) to provide any information, including health service providers’ personal information, that the Minister requires to determine whether the body is a health entity referred to in

section 5(3).

(4) The Minister may at any time require

12 (

a) an officer, director or employee of a public sector body to provide any information, including employees’ or members’ personal information, that the Minister requires to determine whether the public sector body is complying with this Act, and (

b) an officer, director or employee of a health entity referred to in

section 5(3) to provide any information, including health service providers’ personal information, that the Minister requires to determine whether the health entity is complying with this Act.

(5) The Minister may, on application (

a) by a public sector body, extend the deadline for disclosure set out in

section 3(1) or a regulation under

section 3(3) that applies to the public sector body, or (

b) by a health entity referred to in

section 5(3)(b), (c), (

d) or (e), extend any deadline for disclosure set out in the regulations under

section 5(3) that applies to the health entity.

(6) The Minister may extend (

a) any deadline for disclosure set out in the regulations under

section 5(2), or (

b) any deadline set out in the regulations under

section 5(3), as it applies to the Government of Alberta.

(7) The Minister may make public, in the form and manner that the Minister considers appropriate, the failure of a public sector body or of a health entity referred to in

section 5(3) to comply with this Act. In-house audit 8(1) The Minister may (

a) order that an audit be conducted by a public sector body at the public sector body’s expense to determine whether the public sector body is complying with this Act, and (

b) order that the results of an audit under this subsection, including any further or corrected disclosure relating to

13 the public sector body’s statements of remuneration, be made public in the form and manner determined by the Minister.

(2) The Minister may (

a) order that an audit be conducted by a health entity referred to in

section 5(3) at the health entity’s expense to determine whether the health entity is complying with this Act, and (

b) order that the results of an audit under this subsection, including any further or corrected disclosure relating to a disclosure required under

section 5(3), be made public in the form and manner determined by the Minister. Ministerial audit 9(1) The Minister may audit or appoint an auditor to audit the records of a public sector body or of a health entity referred to in

section 5(3) to determine whether the public sector body or health entity is complying with this Act.

(2) A public sector body or a health entity referred to in

section 5(3) (

a) shall co-operate fully with the person performing an audit under this section, and (

b) is authorized to disclose to the person performing an audit under this

section the employees’, members’ or health service providers’ personal information required by the person performing the audit for the purpose of determining whether the public sector body or health entity is complying with this Act.

(3) An auditor appointed under subsection (1) shall submit the results of the audit to the Minister within the time specified by the Minister.

(4) The results of an audit under this section, including any further or corrected disclosure relating to the public sector body’s statements of remuneration and any further or corrected disclosure relating to a disclosure required under

section 5(3), may be made public in the form and manner determined by the Minister.

(5) The public sector body or health entity is liable to the Minister for the costs of an audit and for the costs, if any, incurred by the Minister when making public the results of the audit under this section. Education bodies authorized to disclose 10(1) An education body may, in the form and manner and to the extent determined by a resolution or in a written policy of the education body, disclose to the public the following information: (

a) the names of all employees or of all employees in a particular class of employees of the education body; (

b) any position, appointment or classification held by each employee named pursuant to clause (a); (

c) the amount of remuneration and benefits provided to each employee named pursuant to clause (a); (

d) the amount of severance, if any, provided to each employee named pursuant to clause (a); (

e) the documents, records and other information in respect of employee remuneration, benefits and severance determined by the education body.

(2) An education body may disclose information in respect of which an employee has a written contractual right of confidentiality that was acquired on a date earlier than the date of the resolution or written policy referred to in subsection (1) that authorizes or requires the disclosure, on and after the earliest of (

a) the date that is 2 years after the date of the resolution or written policy, (

b) the date on which the contractual right of confidentiality expires, and (

c) the date, if any, on which the employee, in writing, waives that right.

(3) This Act does not authorize an education body to disclose information in respect of which an employee has a written contractual right of confidentiality that was acquired on or after the date of the resolution or written policy referred to in subsection (1).

15 Municipal authorities authorized to disclose 11(1) A municipal authority may, in the form and manner and to the extent determined by bylaw, disclose to the public the following information: (

a) the names of all employees or all employees in a particular class of employees of the municipal authority; (

b) any position, appointment or classification held by each employee named pursuant to clause (a); (

c) the amount of remuneration and benefits provided to each employee named pursuant to clause (a); (

d) the amount of severance, if any, provided to each employee named pursuant to clause (a); (

e) the documents, records and other information in respect of employee remuneration, benefits and severance determined by the municipal authority.

(2) A municipal authority may disclose information in respect of which an employee has a written contractual right of confidentiality that was acquired on a date earlier than the date of the bylaw referred to in subsection (1) that authorizes or requires the disclosure, on and after the earliest of (

a) the date that is 2 years after the date of the bylaw, (

b) the date on which the contractual right of confidentiality expires, and (

c) the date, if any, on which the employee, in writing, waives that right.

(3) This Act does not authorize a municipal authority to disclose information in respect of which an employee has a written contractual right of confidentiality that was acquired on or after the date of the bylaw referred to in subsection (1). Disclosure permitted despite other laws 12(1) A disclosure required or authorized in accordance with this Act does not contravene any enactment made on or before the day this Act comes into force.

(2) Except as provided in this Act, a disclosure required or authorized by this Act or the regulations does not breach or contravene any contractual or other legal right of confidentiality.

(3) No cause of action lies against any person by reason of a disclosure required or authorized by this Act or the regulations. Regulations 13(1) The Lieutenant Governor in Council may make regulations (

a) defining terms used but not defined in this Act; (

b) further defining “compensation” or setting out criteria respecting compensation for the purposes of

section 1(b); (

c) further defining “health service provider” or respecting the identification of any individual or any part or all of an organization or body as a health service provider for the purposes of

section 1(d); (

d) further defining “non-monetary benefits” or setting out criteria respecting non-monetary benefits for the purposes of

section 1(i)(

i) and (ii); (

e) further defining “practitioner” or respecting the identification of practitioners for the purposes of

section 1(k); (

f) identifying as a public agency for the purposes of

section 1(l)(ii) a body to which the Alberta Public Agencies Governance Act does not apply; (

g) identifying any part or all of a person, organization or body as a public sector body for the purposes of

section 1(m)(iv); (

h) further defining “severance” for the purposes of

section 1(n); (

i) respecting the disclosure in partial or redacted form of (

i) a contract referred to in

section 2(1)(

b) or (

c) or that must be disclosed under

section 3(2)(e)(ii), and (ii) a document, record or other information that must be disclosed under

section 2(2)(

i) or 3(2)(e)(ii);

17 (

j) respecting exemptions from or additions to the requirement to disclose (

i) a contract referred to in

section 2(1)(

b) or (

c) or that must be disclosed under

section 3(2)(e)(ii), and (ii) a document, record or other information that must be disclosed under

section 2(2)(

i) or 3(2)(e)(ii); (

k) respecting the documents, records and other information to be provided in a statement of remuneration under

section 2(2)(

i) or 3(2)(e)(ii); (

l) respecting the period, if any, during which a public sector body identified by a regulation under clause (

g) shall not disclose information in respect of which an employee or member has a written contractual right of confidentiality for the purposes of

section 3(4) and (5); (

m) further defining or setti ng out criteria in respect of “Alternative Relationship Plan”, “health services” and “publicly funded health services”, for the purposes of

section 5(1); (

n) respecting any matter or thing relating to a regulation under

section 5(2) or (3), including the identification of any individual or any part or all of an organization or body as a health entity for the purposes of

section 5(3)(e); (

o) respecting the applications that may be made (

i) under

section 6(2)(

a) by an employee of the Government of Alberta, (ii) under

section 6(2)(

b) by a public sector body or an employee or member of a public sector body, and (iii) under

section 6(2)(

c) by a practitioner, a health entity or a health service provider; (

p) respecting the exemptions referred to in

section 6(3); (

q) respecting the applications that may be made (

i) under

section 7(5)(

a) by a public sector body, and (ii) under

section 7(5)(

b) by a health entity;

18 (

r) respecting the extension of deadlines referred to in

section 7(6); (

s) respecting an audit referred to in

section 8 or 9; (

t) respecting any other matter or thing the Lieutenant Governor in Council considers necessary or expedient to carry out the intent of this Act.

(2) A regulation made under this

section may apply to all persons, organizations, bodies or entities or to a class of persons, organizations, bodies or entities to which this Act applies, and there may be different regulations for different classes of such persons, organizations, bodies or entities. Amends RSA 2000 cA-46 14(1) The Auditor General Act is amended by this section.

(2) Section 8 is amended (

a) in subsection (2) by striking out “or” at the end of clause (a), by adding “or” at the end of clause (

b) and by adding the following after clause (b): (

c) any regulation, order, determination, direction or other decision under the Public Sector Compensation Transparency Act, (

b) by adding the following after subsection (3):

(3.1) An order made under subsection (2)(

c) in relation to a regulation, order, determination, direction or other decision under the Public Sector Compensation Transparency Act operates notwithstanding that Act.

18 Explanatory Notes Explanatory Notes 14 Amends

chapter A-46 of the Revised Statutes of Alberta

Section 8 presently reads: 8(1) There shall be a department of the public service of Alberta called the Office of the Auditor General consisting of the Auditor General and those persons employed pursuant to the Public Service Act as are necessary to assist the Auditor General in carrying out the Auditor General’s functions under this or any other Act.

(2) On the recommendations of the Auditor General, the Select Standing Committee may order that (

a) any regulation, order or directive made under the Financial Administration Act, or (

b) any regulation, order, direct ive, rule, procedure, direction, allocation, designation or other decision under the Public Service Act, be inapplicable to, or be varied in respect of, the Office of the Auditor General or any particular employee or class of employees in the Office of the Auditor General.

(3) An order made under subsection (2)(

a) in relation to a regulation, order or directive made under the Financial Administration Act operates notwithstanding that Act.

19 Amends SA 2011 cC-11.5 15(1) The Child and Youth Advocate Act is amended by this section.

(2) Section 8 is amended (

a) in subsection (3) by striking out “or” at the end of clause (a), by adding “or” at the end of clause (

b) and by adding the following after clause (b): (

c) any regulation, order, determination, direction or other decision under the Public Sector Compensation Transparency Act, (

b) by adding the following after subsection (4):

(4.1) An order made under subsection (3)(

c) in relation to a regulation, order, determination, direction or other decision under the Public Sector Compensation Transparency Act operates notwithstanding that Act. Amends RSA 2000 cC-23 16(1) The Conflicts of Interest Act is amended by this section.

(2) Section 40 is amended (

a) in subsection (3) by striking out “or” at the end of clause (a), by adding “or” at the end of clause (

b) and by adding the following after clause (b):

19 Explanatory Notes

(4) The Regulations Act does not apply to orders made under subsection (2).

(5) The chair of the Select Standing Committee shall lay a copy of each order made under subsection (2) before the Assembly if it is then sitting or, if it is not then sitting, within 15 days after the commencement of the next sitting. 15 Amends

chapter C-11.5 of the Statutes of Alberta,

Section 8 presently reads in part:

(3) On the recommendation of the Advocate, the Standing Committee may order that (

a) any regulation, order or directive made under the Financial Administration Act, or (

b) any regulation, order, direct ive, rule, procedure, direction, allocation, designation or other decision under the Public Service Act, does not apply to, or is varied in respect of, the Office of the Child and Youth Advocate or any particular employee or class of employees in that Office.

(4) An order made under subsection (3)(

a) operates despite

section 2 of the Financial Administration Act.

(5) The Regulations Act does not apply to orders made under subsection (3).

(6) The chair of the Standing Committee must lay a copy of each order made under subsection (3) before the Legislative Assembly if it is then sitting or, if it is not then sitting, within 15 days after the start of the next sitting. 16 Amends

chapter C-23 of the Revised Statutes of Alberta

Section 40 presently reads in part:

(3) On the recommendation of the Ethics Commissioner, the Standing Committee may order that

20 (

c) any regulation, order, determination, direction or other decision under the Public Sector Compensation Transparency Act, (

b) by adding the following after subsection (4):

(4.1) An order made under subsection (3)(

c) in relation to a regulation, order, determination, direction or other decision under the Public Sector Compensation Transparency Act operates notwithstanding that Act. Amends SA 2012 cE-0.3 17(1) The Education Act is amended by this section.

(2) The following is added after

section 283: Consequential amendment 283.1

(1) The Public Sector Compensation Transparency Act is amended by this section.

(2) Section 1(

c) is repealed and the following is substituted: (c) “education body” means (

i) a board as defined in the Education Act, (ii) a board as defined in the Northland School Division Act, (iii) a Francophone regional authority as defined in the Education Act,

20 Explanatory Notes (

a) any regulation, order or directive made under the Financial Administration Act, or (

b) any regulation, order, direct ive, rule, procedure, direction, allocation, designation or other decision under the Public Service Act, be inapplicable to, or be varied in respect of, the Office of the Ethics Commissioner or any particular employee or class of employees in the Office of the Ethics Commissioner.

(4) An order made under subsection (3)(

a) in relation to a regulation, order or directive made under the Financial Administration Act operates notwithstanding that Act.

(5) The Regulations Act does not apply to orders made under subsection (3).

(6) The chair of the Standing Committee shall lay a copy of each order made under subsection (3) before the Legislative Assembly if it is then sitting or, if it is not then sitting, within 15 days after the commencement of the next sitting. 17 Amends

chapter E-0.3 of the Statutes of Alberta, 2012, by adding a consequential amendment.

21 (iv) a person responsibl e for the operation of a private school registered under the Education Act that receives a grant under the Education Grants Regulation (AR 120/2008), and (

v) the operator of a charter school established under the Education Act; Amends RSA 2000 cE-1 18(1) The Election Act is amended by this section.

(2) Section 5 is amended (

a) in subsection (2) by striking out “or” at the end of clause (a), by adding “or” at the end of clause (

b) and by adding the following after clause (b): (

c) any regulation, order, determination, direction or other decision under the Public Sector Compensation Transparency Act, (

b) by adding the following after subsection (3):

(3.1) An order made under subsection (2)(

c) in relation to a regulation, order, determination, direction or other decision under the Public Sector Compensation Transparency Act operates notwithstanding that Act. Amends RSA 2000 cF-25 19(1) The Freedom of Information and Protection of Privacy Act is amended by this section.

(2) Section 51 is amended

21 Explanatory Notes 18 Amends

chapter E-1 of the Revised Statutes of Alberta

Section 5 presently reads in part:

(2) On the recommendation of the Chief Electoral Officer, the Standing Committee may order that (

a) any regulation, order or directive made under the Financial Administration Act, or (

b) any regulation, order, direct ive, rule, procedure, direction, allocation, designation or other decision under the Public Service Act, be inapplicable to, or be varied in respect of, the Office of the Chief Electoral Officer or any particular employee or class of employees in the Office of the Chief Electoral Officer.

(3) An order made under subsection (2)(

a) in relation to a regulation, order or directive made under the Financial Administration Act operates notwithstanding that Act.

(4) The Regulations Act does not apply to orders made under subsection (2).

(5) The chair of the Standing Committee shall lay a copy of each order made under subsection (2) before the Assembly if it is then sitting or, if it is not then sitting, within 15 days after the commencement of the next sitting. 19 Amends

chapter F-25 of the Revised Statutes of Alberta

Section 51 presently reads in part:

22 (

a) in subsection (3) by striking out “or” at the end of clause (a), by adding “or” at the end of clause (

b) and by adding the following after clause (b): (

c) any regulation, order, determination, direction or other decision under the Public Sector Compensation Transparency Act, (

b) by adding the following after subsection (4):

(4.1) An order made under subsection (3)(

c) in relation to a regulation, order, determination, direction or other decision under the Public Sector Compensation Transparency Act operates notwithstanding that Act. Amends RSA 2000 cL-9 20(1) The Legislative Assembly Act is amended by this section.

(2) Section 19 is amended (

a) in subsection (2) by striking out “or” at the end of clause (a), by adding “or” at the end of clause (

b) and by adding the following after clause (b): (

c) any regulation, order, determination, direction or other decision under the Public Sector Compensation Transparency Act, (

b) by adding the following after subsection (3):

(3.1) An order made under subsection (2)(

c) in relation to a regulation, order, determination, direction or other decision under the Public Sector Compensation Transparency Act operates notwithstanding that Act.

22 Explanatory Notes

(3) On the recommendation of the Commissioner, the Standing Committee may order that (

a) any regulation, order or directive made under the Financial Administration Act, or (

b) any regulation, order, direct ive, rule, procedure, direction, allocation, designation or other decision under the Public Service Act, does not apply to, or is varied in respect of, the Office of the Information and Privacy Commissioner or any particular employee or class of employees in the Office.

(4) An order made under subsection (3)(

a) operates despite

section 2 of the Financial Administration Act.

(5) The Regulations Act does not apply to orders made under subsection (3).

(6) The chair of the Standing Committee must lay a copy of each order made under subsection (3) before the Legislative Assembly if it is then sitting or, if it is not then sitting, within 15 days after the start of the next sitting. 20 Amends

chapter L-9 of the Revised Statutes of Alberta

Section 19 presently reads in part:

(2) The Members’ Services Committee may order that (

a) any regulation, order or directive made under the Financial Administration Act, or (

b) any regulation, order, direct ive, rule, procedure, direction, allocation, designation or other decision under the Public Service Act, be inapplicable to, or be varied in respect of, the Legislative Assembly Office or any particular officer or employee or class of employees in the Legislative Assembly Office.

(3) An order made under subsection (2)(

a) in relation to a regulation, order or directive made under the Financial Administration Act operates notwithstanding that Act.

23 Amends RSA 2000 cO-8 21(1) The Ombudsman Act is amended by this section.

(2) Section 10 is amended (

a) in subsection (2) by striking out “or” at the end of clause (a), by adding “or” at the end of clause (

b) and by adding the following after clause (b): (

c) any regulation, order, determination, direction or other decision under the Public Sector Compensation Transparency Act, (

b) by adding the following after subsection (3):

(3.1) An order made under subsection (2)(

c) in relation to a regulation, order, determination, direction or other decision under the Public Sector Compensation Transparency Act operates notwithstanding that Act. Amends SA 2012 cP-39.5 22(1) The Public Interest Disclosure (Whistleblower Protection) Act is amended by this section.

(2) Section 44 is amended (

a) in subsection (3) by striking out “or” at the end of clause (a), by adding “or” at the end of clause (

b) and by adding the following after clause (b): (

c) any regulation, order, determination, direction or other decision under the Public Sector Compensation Transparency Act, (

b) by adding the following after subsection (4):

23 Explanatory Notes 21 Amends

chapter O-8 of the Revised Statutes of Alberta

Section 10 presently reads in part:

(2) On the recommendation of the Ombudsman, the Standing Committee may order that (

a) any regulation, order or directive made under the Financial Administration Act, or (

b) any regulation, order, direct ive, rule, procedure, direction, allocation, designation or other decision under the Public Service Act, be inapplicable to, or be varied in respect of, the Office of the Ombudsman or any particular employee or class of employees in the Office of the Ombudsman.

(3) An order made under subsection (2)(

a) in relation to a regulation, order or directive made under the Financial Administration Act operates notwithstanding that Act.

(4) The Regulations Act does not apply to orders made under subsection (2).

(5) The chair of the Standing Committee shall lay a copy of each order made under subsection (2) before the Assembly if it is then sitting or, if it is not then sitting, within 15 days after the commencement of the next sitting. 22 Amends

chapter P-39.5 of the Statutes of Alberta,

Section 44 presently reads in part:

(3) On the recommendation of the Commissioner, the Standing Committee may order that (

a) any regulation, order or directive made under the Financial Administration Act, or (

b) any regulation, order, direct ive, rule, procedure, direction, allocation, designation or other decision under the Public Service Act,

(4.1) An order made under subsection (3)(

c) in relation to a regulation, order, determination, direction or other decision under the Public Sector Compensation Transparency Act operates notwithstanding that Act.

24 Explanatory Notes does not apply to, or is varied in respect of, the Office of the Public Interest Commissioner or any particular employee or class of employees in that Office.

(4) An order made under subsection (3)(

a) operates despite

section 2 of the Financial Administration Act.

(5) The Regulations Act does not apply to orders made under subsection (3).

(6) The chair of the Standing Committee must lay a copy of each order made under subsection (3) before the Legislative Assembly if it is then sitting or, if it is not, within 15 days after the start of the next sitting.

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2015 (29th, 1st) Bill 5, Public Sector Compensation Transparency Act

Document details

Collection	Alberta — Bills
Citation	L29 S1 11613
Type	bill
Volume / chapter	L29 S1 11613
Language	en
Format	json
Source	PROVINCIAL
Identifier	e12a5b7b673ed5bbec0dad3ff9ac0e6834c55156

Source file is stored in the law ingest library (json).