Bill 219 2007

An Act to amend the Public Sector Salary Disclosure Act, 1996

Note: This Act amends the Public Sector Salary Disclosure Act, 1996.  For the legislative history of the Act, see Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  The definition of "public sector" in subsection 2 (1) of the Public Sector Salary Disclosure Act, 1996 is amended by adding the following clause:

(b.1) every municipal service board and joint municipal service board within the meaning of the Municipal Act, 2001;

   2.  (1)  Subsection 3 (1) of the Act is amended by adding "Subject to subsections (6) and (7)" at the beginning.

   (2)  Subsection 3 (3) of the Act is amended by adding "Subject to subsections (6) and (7)" at the beginning.

   (3)  Section 3 of the Act is amended by adding the following subsections:

Municipal service boards

   (7)  A municipal service board or joint municipal service board within the meaning of the Municipal Act, 2001 is not required to make available for inspection by the public,

  (a)  a written record described in subsection (1) that relates to a calendar year ending before December 31 of the year in which this subsection comes into force; or

  (b)  a written statement described in subsection (3) that relates to a calendar year ending before December 31 of the year in which this subsection comes into force.

Transition

   (8)  If this subsection comes into force before December 31 in any year, a municipal service board or joint municipal service board within the meaning of the Municipal Act, 2001 shall prepare a written record of the amount of salary and benefits paid by the employer to or in respect of an employee to whom the employer paid a salary equivalent to an annual salary of at least $100,000 in the period that,

  (a)  begins on January 1 in the year in which this subsection comes into force; and

  (b)  ends on the day before this subsection comes into force.

Same, statement instead of record

   (9)  If during the time period described in subsection (8) the employer had no employees to whom the employer paid a salary equivalent to an annual salary of at least $100,000, the employer shall prepare a written statement, certified by the highest ranking officer of the employer, that the employer paid no employees in the time period such a salary.

Same, deadline

   (10)  The employer shall make the record described in subsection (8) and the statement described in subsection (9) available for inspection by the public without charge no later than the 30th day after the day on which that respective subsection comes into force and subsection (4) applies to the record and the statement as if the reference to March 31 were a reference to the 30th day.

   3.  Subsection 4 (2) of the Act is amended by striking out "subsection 3 (4) or (6)" and substituting "subsection 3 (4), (6) or (10)".

Commencement

   4.  This Act comes into force on the day it receives Royal Assent.

Short title

   5.  The short title of this Act is the Public Sector Salary Disclosure Amendment Act, 2007.

EXPLANATORY NOTE

The Bill amends the Public Sector Salary Disclosure Act, 1996 to expand the definition of "public sector" to include a municipal service board or joint municipal service board within the meaning of the Municipal Act, 2001, so that such a board is required to disclose annually the salaries of $100,000 or more that it pays to each of its employees.

In addition, the board is given 30 days to disclose the salaries of those employees for the part of the calendar year before the amendment comes into force.