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The Public Sector Compensation Disclosure Act
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This version is current as of May 21, 2019.
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C.C.S.M. c. P265

The Public Sector Compensation Disclosure Act

(Assented to November 19, 1996)

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

Definitions

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 »)

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

"minister" means the Minister of Finance; (« ministre »)

"public sector body" means

(a) the Government of Manitoba,

(b) a government agency,

(b.1) a publicly funded body,

(c) a body described in the Schedule, and

(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). (« organisme du secteur public »)

(e) [repealed] S.M. 2018, c. 5, s. 2;

"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 »)

S.M. 2018, c. 5, s. 2.

Disclosure required

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 $75,000 (indexed) 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 $75,000 (indexed) or more.

Consistent reporting required

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.

S.M. 2018, c. 5, s. 3.

Manner of disclosure

3(1)        A public sector body — other than a publicly funded 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.

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

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.

Information to be disclosed

3(2)        Subject to subsection (3), the name, position or classification, and compensation of each person described in clause 2(1)(a) or (c) are to be disclosed.

Police officers' names not to be disclosed

3(3)        If a person described in clause 2(1)(c) is a police officer as defined in The Police Services Act, the public sector body must assign a numeric identifier to the person and disclose it in place of the person's name.

S.M. 2014, c. 36, s. 2; S.M. 2018, c. 5, s. 4.

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.

S.M. 2018, c. 5, s. 5.

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.

S.M. 2018, c. 5, s. 5.

Payments under Legal Aid Manitoba Act

4           For each fiscal year ending on or after March 31, 1996, the board of Legal Aid 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 $75,000 (indexed) or more in the fiscal year for providing legal aid under The Legal Aid Manitoba Act and the amount paid to each.

S.M. 2004, c. 50, s. 18; S.M. 2018, c. 5, s. 6.

Payments under Health Services Insurance Act

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 $75,000 (indexed) or more in the fiscal year for providing services to insured persons under The Health Services Insurance Act and the amount paid to each.

S.M. 2018, c. 5. s. 6.

Inspection of information

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.

Copies to be provided

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 fee, which must not exceed the comparable fee payable under The Freedom of Information and Protection of Privacy Act.

S.M. 2018, c. 5, s. 7.

Minister may require information

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.

Minister may order funding withheld

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.

Compliance with Act not breach of other Act or agreement

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.

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.

S.M. 2018, c. 5, s. 9.

L.G. in C. regulations

10          The Lieutenant Governor in Council may make regulations

(a) further defining "compensation" for the purposes of this Act;

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

(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 or class of public sector bodies 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.

S.M. 2018, c. 5, s. 10.

11          [Repealed]

S.M. 2018, c. 5, s. 11.

C.C.S.M. reference

12          This Act may be referred to as chapter P265 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

13          This Act comes into force on the day it receives royal assent.

SCHEDULE

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 Governance 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 or an incorporated community within the meaning of The Northern Affairs Act,

(e.1) The City of Winnipeg,

(f) a school board within the meaning of The Public Schools Act,

(g) The University of Manitoba, The University of Winnipeg and Brandon University,

(g.1) the University College of the North,

(g.2) Université de Saint-Boniface,

(h) a college as defined in section 1 of The Advanced Education Administration Act,

(i) the Communities Economic Development Fund continued under The Communities Economic Development Fund Act.

S.M. 1998, c. 51, s. 10; S.M. 2002, c. 39, s. 531; S.M. 2004, c. 16, s. 45; S.M. 2006, c. 34, s. 264; S.M. 2011, c. 16, s. 47; S.M. 2015, c. 11, s. 55; S.M. 2017, c. 19, s. 35.