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3rd Session, 41st Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 6

THE PUBLIC SECTOR COMPENSATION DISCLOSURE AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P265 amended

1           The Public Sector Compensation Disclosure Act is amended by this Act.

2           Section 1 is amended

(a) in the definition "public sector body",

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

(b.1) a publicly funded body;

(ii) by adding "and" at the end of clause (c), striking out "and" at the end of clause (d) and repealing clause (e); and

(b) by adding the following definitions:

"indexed" means adjusted for inflation in accordance with section 9.1; (« indexé »)

"publicly funded body" means a person, organization or body, whether or not incorporated, that does not carry on its activities for the purpose of profit and receives in a fiscal year from one or more other public sector bodies funding that totals at least

(a) $500,000, or

(b) $200,000, if the funding is 50% or more of its total revenue for the fiscal year; (« organisme financé par l'État »)

"severance" means an amount paid as a retiring allowance within the meaning of The Income Tax Act (Canada). (« indemnité de départ »)

3           Clauses 2(1)(a) and (c) are amended by striking out "$50,000." and substituting "$75,000 (indexed)".

4(1)        Subsection 3(1) is amended

(a) by adding "— other than a publicly funded body —" after "public sector body" in the part before clause (a);

(b) in the French version,

(i) by striking out "états financiers vérifiés" and substituting "états financiers audités", and

(ii) by striking out "vérificateur" and substituting "auditeur"; and

(c) by adding the following after clause (c):

The public sector body must also publish the information on its website.

4(2)        The following is added after subsection 3(1):

Disclosure by publicly funded bodies

3(1.1)      A publicly funded body must record the information required by this Act in a form that can be disclosed on request under section 6.

5           The following is added after section 3:

Additional disclosure for technical officers

3.1(1)      For each employee of the government appointed as a technical officer under clause 32(a) of The Civil Service Act, the minister must disclose to the public

(a) any employment contract or secondment agreement the government enters into with the employee; and

(b) the amount of any severance paid to the employee, whether under a contract or agreement mentioned in clause (a) or agreed to separately by the government and the employee.

When disclosure is to be made

3.1(2)      Disclosure under subsection (1) must be made

(a) within  60 days after the employment contract or secondment agreement is signed by the employee and by a person authorized by the government to sign it; or

(b) in the case of severance paid, within 60 days after the government pays it.

Form of disclosure determined by minister

3.1(3)      Except as provided by section 3.2 or a regulation made under clause  10(d), the minister may determine the form and manner of disclosure for the purpose of this section.

Section 2 disclosure not affected

3.1(4)      This section does not limit or negate the application of section 2 to an employee to whom this section applies.

Protecting employee's identity when safety at risk

3.2(1)      On application by an employee to whom section 3.1 applies, the minister may cause the disclosure about the employee to be made without identifying the employee if in the minister's opinion the employee's safety would otherwise be unduly threatened.

Application process determined by minister

3.2(2)      The minister may determine the process for making an application under this section and for making decisions about the applications.

6           Sections 4 and 5 are amended

(a) by striking out "$50,000." and substituting "$75,000 (indexed)"; and

(b) in the French version, by striking out "états financiers vérifiés" and substituting "états financiers audités".

7           Subsection 6(2) is amended by striking out "administrative fee" and substituting "fee, which must not exceed the comparable fee payable under The Freedom of Information and Protection of Privacy Act".

8           The following is added after section 6:

Publication

6.1         The minister must publish on a government website the information disclosed under section 2 by

(a) the government; and

(b) a government agency, if the agency is within the government reporting entity as defined in section 1 of The Financial Administration Act.

9           The following is added after section 9:

Indexing of amounts

9.1(1)      At the beginning of 2023 and each fifth year after that, the minister must index the amounts referred to in sections 2, 4 and 5 for inflation and publish the new amounts on a government website.

How indexing is to be done

9.1(2)      The minister must determine the indexed amounts by

(a) determining the ratio between the Consumer Price Index for Manitoba (All-items) published by Statistics Canada under the Statistics Act (Canada) at the beginning of the 2019 calendar year and at the beginning of the calendar year for which the adjustment is made;

(b) applying the ratio to the dollar figures in sections 2, 4 and 5; and

(c) rounding the result to the nearest $5,000.

10          Section 10 is amended

(a) by adding the following after clause (a):

(a.1) defining "secondment agreement" for the purposes of section 3.1;

(b) in clause (f), by adding "or class of public sector bodies" after "public sector body".

11          Section 11 is repealed.

Transition for technical officers

12           Sections 3.1 and 3.2, as enacted by section 5 of this Act, apply to an employee of the government appointed to a technical officer position after May 2, 2016, but before the coming into force of this section. In that case, the disclosure for such an employee must be made within 60 days of the coming into force of this section.

Coming into force: royal assent

13(1)       This Act, except section 8, comes into force on January 1, 2019.

Coming into force: section 8

13(2)       Section 8 comes into force on a day to be fixed by proclamation.

Explanatory Note

Currently, The Public Sector Compensation Disclosure Act requires the government to disclose annually the compensation paid to a person who is a member of the civil service or who holds a specified public office if their annual compensation is $50,000 or more.

This Bill increases the threshold for disclosure to $75,000 and adjusts that amount for inflation every five years.

Other amendments

  • provide for disclosure within 60 days of individual employment contracts or secondment agreements between the government and persons appointed to technical officer positions;
  • provide that severance paid to technical officers must also be disclosed within 60 days;
  • enable publicly funded bodies to provide the required compensation disclosures on request, rather than by including the information in their audited financial statements;
  • require the government to post online all required compensation disclosures for bodies within the government reporting entity.