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1st Session, 41st Legislature

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Bill 14

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 by adding the following definition:

"severance" means the total of

(a) any remuneration paid or payable to an employee in lieu of or supplementary to notice of termination of employment or appointment,

(b) any salary or remuneration paid or payable to an employee after permanent termination of the employee's employment or appointment, and

(c) the value of any other payment or benefit that may be prescribed in the regulations. (« indemnité de départ »)

3

The following is added after section 3:

Additional disclosure — 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 after May 2, 2016, the minister must disclose to the public

(a) any employment contract or secondment agreement entered into after that date; and

(b) the amount of any severance paid to the employee after that date, 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 30 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 30 days after the day this section comes into force, whichever is later; or

(b) in the case of severance paid, within 30 days after the government pays it or 30 days after the day this section comes into force, whichever is later.

Form of disclosure determined by minister

3.1(3)

Except as provided by section 3.2 or a regulation made under clause 10(b.1), 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.

4

Section 10 is amended

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

(a.1) further defining "severance" for the purposes of this Act;

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

(b.1) respecting the disclosure in partial or redacted form of an employment contract or secondment agreement referred to in subsection 3.1(1);

(b.2) defining "secondment agreement" for the purposes of section 3.1;

Coming into force

5

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

Explanatory Note

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

This Bill amends the Act to require the additional disclosure of any individual employment contract or secondment agreement between the government and a person who is appointed as a technical officer. Any severance paid to a technical officer must also be disclosed.