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S.M. 1996, c. 60
THE PUBLIC SECTOR COMPENSATION DISCLOSURE ACT
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(Assented to November 19, 1996)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Act,
"board members" means the members of the board of directors or equivalent governing body of a public sector body, other than the chairperson, whether those members are elected or appointed; (« membres du conseil »)
"compensation" means compensation pursuant to any arrangement, including an employment contract, calculated to include the total value of all cash and non-cash salary or payments, allowances, bonuses, commissions and perquisites, including
(a) all overtime payments, retirement or severance payments, lump sum payments and vacation pay-outs,
(b) the value of loan or loan interest obligations that have been extinguished and the value of imputed interest benefits from loans,
(c) long term incentive plan earnings and payouts,
(d) the value of the benefit derived from vehicles or allowances with respect to vehicles,
(e) the value of the benefit derived from living accommodation or any subsidy with respect to living accommodation,
(f) payments made for exceptional benefits not provided to the majority of employees of the public sector body,
(g) payments for memberships in recreational clubs or organizations, and
(h) the value of any other payment or benefit that may be prescribed in the regulations; (« rémunération »)
"fiscal year" means the fiscal year of the public sector body; (« exercice »)
"funding" means a grant or combination of grants, but does not include a grant for capital purposes; (« financement »)
"government agency" means any board, commission, association, or other body, whether incorporated or unincorporated, all the members of which, or of the board of management or board of directors of which,
(a) are appointed by an Act of the Legislature or by order of the Lieutenant Governor in Council, or
(b) if not so appointed, in the discharge of their duties are public officers or servants of the Crown, or for the proper discharge of their duties are directly or indirectly responsible to the Crown; (« organisme gouvernemental »)
"minister" means the Minister of Finance; (« ministre »)
"public sector body" means
(a) the Government of Manitoba,
(b) a government agency,
(c) a body described in the Schedule,
(d) a person, organization or body designated as a public sector body by the Lieutenant Governor in Council in a regulation made under clause 10(e), and
(e) any other 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
(i) $500,000., or
(ii) $200,000., if the funding is 50% or more of its total revenue for the fiscal year. (« organisme du secteur public »)
2(1) Within six months after the end of each fiscal year or calendar year ending on or after March 31, 1996, a public sector body shall disclose to the public in accordance with this Act the amount of compensation it pays or provides in the fiscal year or in the calendar year, directly or indirectly,
(a) to, or for the benefit of, the chairperson of its board of directors or equivalent governing body, if any, if the chairperson's compensation is $50,000. or more;
(b) in the aggregate, to, or for the benefit of, its board members, if any;
(c) individually, to, or for the benefit of, each of its officers and employees whose compensation is $50,000. or more.
2(2) A public sector body that discloses the information required under subsection (1) on a calendar year basis shall continue to disclose the information on a calendar year basis.
3(1) A public sector body shall disclose the information required by this Act in one of the following ways:
(a) in its audited financial statements for the fiscal year;
(b) in a statement prepared for the purpose and certified by its auditor to be correct;
(c) in any other manner that is authorized in the regulations.
3(2) For the purposes of clauses 2(1)(a) and (c), the name, position or classification, and compensation of each affected person is to be disclosed.
4 For each fiscal year ending on or after March 31, 1996, the board of The Legal Aid Services Society of Manitoba shall disclose in the audited financial statements of the society, or in any other manner authorized in the regulations, the name of every person who receives $50,000. or more in the fiscal year for providing legal aid under The Legal Aid Services Society of Manitoba Act and the amount paid to each.
5 For each fiscal year of the government ending on or after March 31, 1996, the Minister of Health shall cause to be disclosed in the audited financial statements of the Manitoba Health Services Insurance Plan, or in any other manner authorized in the regulations, the name of every person who receives $50,000. or more in the fiscal year for providing services to insured persons under The Health Services Insurance Act and the amount paid to each.
6(1) A public sector body shall make the information required to be disclosed by this Act available for inspection on request by any person without charge during the normal office hours of the body.
6(2) A public sector body shall provide a copy of the information required to be disclosed by this Act, on request, to any person on payment by the person of a reasonable administrative fee.
7 The minister may require any officer, director or employee of a body that the minister believes to be a public sector body to provide any information that the minister may require to determine whether the body is a public sector body.
8 Notwithstanding any other Act or any agreement or arrangement, the minister may order that an amount not exceeding 15% of the amount of funding payable by the government to a public sector body be withheld until disclosure as required by this Act has been made.
9 The disclosure of information pursuant to this Act or the regulations or the withholding of funding pursuant to section 8 is deemed not to contravene any Act, regulation or agreement whether the Act was enacted or the regulation or agreement was made before or after the coming into force of this Act.
10 The Lieutenant Governor in Council may make regulations
(a) further defining "compensation" for the purposes of this Act;
(b) for the purposes of subsection 3(1), respecting the manner in which information about compensation may be disclosed by any public sector body or class of public sector bodies;
(c) for the purposes of sections 4 and 5, respecting the manner in which information may be disclosed;
(d) respecting information that must remain confidential notwithstanding the disclosure scheme of this Act;
(e) designating a person, organization or body to be a public sector body for the purposes of this Act if it does not carry on its activities for the purpose of profit and, in the opinion of the Lieutenant Governor in Council, it
(i) is substantially similar in nature to persons, organizations or bodies governed by this Act, and
(ii) receives a substantial amount of its funding from the Government of Manitoba;
(f) exempting any public sector body from the requirements of all or any part of this Act;
(g) respecting any other matter considered necessary or advisable to carry out the purposes of this Act.
11 Notwithstanding sections 2, 4 and 5, the first disclosure may be made at any time before December 1, 1996.
12 This Act may be referred to as chapter P265 of the Continuing Consolidation of the Statutes of Manitoba.
13 This Act comes into force on the day it receives royal assent.
The following are public sector bodies for the purposes of this Act:
(a) a Crown corporation or other body that is subject to all or any part of The Crown Corporations Public Review and Accountability Act,
(b) a person or entity owning or operating a hospital as defined in The Hospitals Act,
(c) a person or entity owning or operating a personal care home as defined in The Health Services Insurance Act,
(d) a child and family services agency incorporated under The Child and Family Services Act,
(e) a municipality within the meaning of The Municipal Act, The City of Winnipeg Act or The Northern Affairs Act,
(f) a school board within the meaning of The Public Schools Act,
(g) a university or other entity that receives funding under The Universities Grants Commission Act,
(h) a college established under The Colleges Act.