Broader Public Sector Executive Compensation Act, 2014, S.O. 2014, c. 13, Sched. 1

• Jurisdiction: Ontario

Broader Public Sector Executive Compensation Act, 2014

S.o. 2014, chapter 13
Schedule 1

Consolidation Period: From September 18, 2020 to the e-Laws currency date.

Last amendment: 2019, c. 7, Sched. 5, s. 1-6.

CONTENTS

Interpretation

Definitions

1 (1) In this Act,

“cash compensation” means compensation that is the sum of salary and non-discretionary and discretionary payments, including, but not limited to, performance pay, incentive pay, bonuses and allowances; (“rémunération en espèces”)

“compensation” means anything paid or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle him or her to be paid, and includes salary, benefits, perquisites and all forms of non-discretionary and discretionary payments; (“rémunération”)

“compensation framework” means a compensation framework established by the regulations under section 6; (“cadre de rémunération”)

“compensation plan” means the provisions, however established, for the determination and administration of a person’s compensation; (“régime de rémunération”)

“designated employer” means an employer to which this Act applies under section 3; (“employeur désigné”)

“designated executive” means an employee or office holder referred to in subsection 4 (1) or (2); (“cadre désigné”)

“directive” means a directive made under this Act; (“directive”)

“Minister” means the minister to whom the administration of this Act is assigned under the Executive Council Act, except in,

(a) Repealed: 2019, c. 7, Sched. 5, s. 1.

(b) sections 13 and 15, where it means the minister whose ministry funds, oversees or otherwise usually deals with the relevant designated employer; (“ministre”)

“prescribed” means prescribed in the regulations; (“prescrit”)

“regulations” means regulations made under this Act. (“règlements”) 2017, c. 34, Sched. 1, s. 1; 2019, c. 7, Sched. 5, s. 1.

Interpretation re Crown agent

(2) Nothing in this Act makes an organization a Crown agent where that organization would not otherwise be a Crown agent.

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 1, s. 1 - 14/12/2017

2019, c. 7, Sched. 5, s. 1 - 18/09/2020

Purpose

2 The purpose of this Act is to manage executive compensation in the broader public sector by authorizing the establishment of compensation frameworks applicable to designated employers and designated executives.

Application

Application to employers

3 (1) This Act applies to the following employers:

1. Every hospital within the meaning of the Public Hospitals Act and the University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa.

2. Every board within the meaning of the Education Act.

3. Every university in Ontario and every college of applied arts and technology and post-secondary institution in Ontario whether or not affiliated with a university, the enrolments of which are counted for purposes of calculating annual operating grants and entitlements.

4. Repealed: 2015, c. 20, Sched. 5, s. 1 (1).

5. Independent Electricity System Operator.

6. Repealed: 2014, c. 7, Sched. 7, s. 16.

7. Ontario Power Generation Inc. and each of its subsidiaries.

8. Repealed: 2016, c. 30, s. 32.

9. Every body prescribed as a public body under the Public Service of Ontario Act, 2006 that is not also prescribed as a Commission public body under that Act.

10. The corporation known as Ornge, incorporated under the Canada Corporations Act on October 8, 2004 as Ontario Air Ambulance Services Co.

11. Subject to subsection (2), every other authority, board, commission, committee, corporation, council, foundation or organization that may be prescribed for the purposes of this section. 2014, c. 7, Sched. 7, s. 16; 2015, c. 20, Sched. 5, s. 1 (1); 2016, c. 30, s. 32.

Non-application

(2) This Act does not apply to the following employers:

1. A municipality.

2. A local board as defined in subsection 1 (1) of the Municipal Act, 2001.

3. Every authority, board, commission, corporation, office or organization of persons a majority of whose members, directors or officers are appointed or chosen by or under the authority of the council of a municipality.

4. Unless otherwise specifically provided for in the regulations, an organization that undertakes its activities for the purpose of profit to its shareholders.

5. Repealed: 2016, c. 37, Sched. 18, s. 6.

6. Hydro One Inc. and each of its subsidiaries. 2014, c. 7, Sched. 7, s. 16; 2015, c. 20, Sched. 5, s. 1 (2, 3); 2016, c. 37, Sched. 18, s. 6.

Section Amendments with date in force (d/m/y)

2014, c. 7, Sched. 7, s. 16 - 16/03/2015

2015, c. 20, Sched. 5, s. 1 (1, 3) - 04/06/2015; 2015, c. 20, Sched. 5, s. 1 (2) - 19/11/2015

2016, c. 30, s. 32 - 01/11/2017; 2016, c. 37, Sched. 18, s. 6 - 08/12/2016

Designated executives

4 (1) The provisions of this Act applying to designated executives apply to employees and office holders of designated employers who meet both of the following qualifications:

1. The employee or office holder,

i. is the head of the designated employer, regardless of whether the title of the position or office is chief executive officer, president or something else,

ii. is a vice president, chief administrative officer, chief operating officer, chief financial officer or chief information officer of the designated employer or holds any other executive position or office with the designated employer, regardless of the title of the position or office, or

iii. is the director of education or a supervisory officer of a designated employer that is a board within the meaning of the Education Act.

2. Under his or her compensation plan, the employee or office holder is entitled to receive or could potentially receive annual cash compensation of $100,000 or more in a calendar year. For the purpose of this paragraph, if the employee or office holder works only a portion of a year, his or her cash compensation for the whole year shall be calculated as if he or she were entitled to receive or could potentially receive cash compensation for the remainder of the year at the same rate or level.

Additional designated executives

(2) The Lieutenant Governor in Council may make regulations designating as designated executives other employees and office holders who hold executive positions or offices with one or more designated employers, and where the Lieutenant Governor in Council has done so, the provisions of this Act applying to designated executives also apply to those executives and office holders.

Employer of office holders

(3) A reference in this Act to the employer of an office holder is a reference to the employer to which the office holder is appointed, and the use of this terminology is not intended to create a deemed employment relationship between them for the purposes of this or any other Act or any law.

(4) Repealed: 2017, c. 34, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 1, s. 2 - 14/12/2017

Compensation information

5 (1) The Management Board of Cabinet may issue directives to designated employers requiring the employer to provide information that the Board considers appropriate relating to compensation and any other payments that designated executives and other employees and office holders of the employer may be entitled to.

Same

(2) Without restricting the generality of subsection (1), a directive may include requirements to provide information with respect to,

(a) salaries, salary ranges, benefits, perquisites, discretionary and non-discretionary payments, payments payable on or in connection with termination, performance plans, incentive plans, bonus plans, allowances and any other form of remuneration;

(b) agreements between an employer and one or more employees or office holders relating to anything mentioned in clause (a);

(c) compensation policies, plans, guidelines and programs; and

(d) compensation studies.

Deemed compliance FOI Acts

(3) Any disclosure of personal information made by a designated employer in compliance with a directive shall be deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act and clause 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act.

Confidentiality

(4) Where an organization that has provided information described in subsection (1) meets both of the conditions set out in paragraphs 1 and 2, the Minister and any other person or entity in receipt of the information shall maintain the information in confidence, and shall not disclose this information except in accordance with a directive of the Management Board of Cabinet:

1. The organization is not an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.

2. The organization,

i. is an organization that undertakes its activities for the purpose of profit to its shareholders, or

ii. is a publicly funded organization that received public funds, within the meaning of the Broader Public Sector Accountability Act, 2010, of less than $10,000,000 in the previous fiscal year of the Government of Ontario.

Directives

(5) The Management Board of Cabinet may issue directives authorizing the disclosure of information described in subsection (1) to,

(a) a minister of the Crown;

(b) a person employed in the office of a minister;

(c) a person employed under Part III of the Public Service of Ontario Act, 2006; or

(d) a consultant or advisor retained to provide advice or services in relation to compensation matters.

Prevails over FIPPA

(6) Subsections (4) and (5) prevail over the Freedom of Information and Protection of Privacy Act.

Compensation Frameworks

Compensation frameworks

6 (1) The Lieutenant Governor in Council may make regulations establishing one or more compensation frameworks governing...