33

 


 

Third Session, 48th General Assembly

67 Elizabeth II, 2018

BILL 33

AN ACT TO AMEND THE PUBLIC SECTOR COMPENSATION TRANSPARENCY ACT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE TOM OSBORNE

Minister Responsible for Human Resource Secretariat

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Public Sector Compensation Transparency Act to

·         expand the application of the Act to include House of Assembly employees, statutory officers and political staff;

·         authorize the Clerk of the House of Assembly to exempt information from being disclosed regarding House of Assembly employees, statutory officers and political staff; and

·         authorize the Speaker of the House of Assembly to hear an appeal of a decision of the Clerk of the House of Assembly regarding the exemption of House of Assembly employees, statutory officers and political staff.


A BILL

AN ACT TO AMEND THE PUBLIC SECTOR COMPENSATION TRANSPARENCY ACT

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.3 Amdt.
Disclosure by government

        3.   S.7 Amdt.
Exemptions - employees

        4.   S.7.1 Added

              Exemptions - employees of legislative branch

        5.   S.9 Amdt.
Disclosure re: exemptions

        6.   S.11 Amdt.
Audit by comptroller general

        7.   S.12 Amdt.
Regulations


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2016 c.P-41.02

        1. (1) Section 2 of the Public Sector Compensation Transparency Act is amended by renumbering it as subsection 2(1), renumbering paragraph (a) as paragraph (a.1) and adding immediately before that paragraph the following:

             (a)  "audit committee" means audit committee as defined in the House of Assembly Accountability, Integrity and Administration Act;

             (2)  Section 2 of the Act is amended by adding immediately after paragraph (a.1) the following:

         (a.2)  "clerk" means the Clerk of the House of Assembly;

             (3)  Section 2 of the Act is amended by adding immediately after paragraph (b) the following:

         (b.1)  "executive branch" means a department created under the Executive Council Act or a branch of the executive government of the province;

             (4)  Paragraph 2(c) of the Act is repealed and the following substituted:

             (c)  "government" means

                      (i)  the executive branch, and

                     (ii)  the legislative branch;                      

             (5)  Section 2 of the Act is amended by adding immediately after paragraph (d) the following:

         (d.1)  "legislative branch" means the House of Assembly and statutory offices;

             (6)  Section 2 of the Act is amended by adding immediately after paragraph (e) the following:

          (e.1)  "political staff" means political staff as defined in the Conflict of Interest Act, 1995;

             (7)  Section 2 of the Act is amended by adding immediately after paragraph (g) the following:

          (g.1)  "speaker" means the Speaker of the House of Assembly;

          (g.2)  "statutory office" means the office of a statutory officer;

          (g.3)  "statutory officer" means

                      (i)  the Information and Privacy Commissioner,

                     (ii)  the Auditor General,

                    (iii)  the Child and Youth Advocate,

                    (iv)  the Chief Electoral Officer,

                     (v)  the Citizens' Representative,

                    (vi)  the Commissioner for Legislative Standards, and

                   (vii)  the Seniors' Advocate;

             (8)  Section 2 of the Act is amended by adding immediately after subsection (1) the following:

             (2)  For the purposes of this Act and the regulations, political staff and statutory officers are considered to be employed by the legislative branch.

 

        2. Paragraph 3(c) of the Act is amended and the following substituted:

             (c)  the area in government in which the employee was employed on December 31 of the previous year, or, where the employee discontinued employment with government during the year, the area in government in which the employee was employed at the time he or she discontinued employment; and

 

        3. Section 7 of the Act is amended by adding immediately after subsection (3) the following:

             (4)  This section does not apply to employees of the legislative branch.

 

        4. The Act is amended by adding immediately after section 7 the following:

Exemptions - employees of legislative branch

      7.1 (1) The clerk may exempt information from being disclosed regarding an employee of the legislative branch where

             (a)  a written application is submitted in the time prescribed in the regulations by or on behalf of the employee to the clerk; and

             (b)  the clerk is of the opinion that disclosure of the information could reasonably be expected to threaten the safety or mental or physical health of the employee.

             (2)  Where an employee is dissatisfied with the decision of the clerk under subsection (1), he or she may appeal the decision to the speaker.

             (3)  The speaker may exempt information from being disclosed regarding an employee of the legislative branch where

             (a)  the employee submits the appeal in the time prescribed in the regulations; and

             (b)  the speaker is of the opinion that disclosure of the information could reasonably be expected to threaten the safety or mental or physical health of the employee.

 

        5. Subsection 9(1) of the Act is repealed and the following substituted:

Disclosure re: exemptions

        9. (1) Where information is exempted from disclosure under this Act

             (a)  the clerk shall disclose to the minister that information has been exempted with respect to employees of the legislative branch;

             (b)  the minister shall disclose to the public that information has been exempted with respect to employees of government; and

             (c)  the chief executive officer of the public body shall disclose to the minister and the public that information has been exempted with respect to employees of the public body.

 

        6. (1) Section 11 of the Act is amended by adding immediately after subsection (1) the following:

         (1.1)  The audit committee may request that the minister direct the comptroller general to audit the records of an office of the legislative branch to determine whether the office is complying with this Act.

             (2)  Subsection 11(2) of the Act is repealed and the following substituted:

             (2)  A public body or office of the legislative branch shall permit the comptroller general to review the records of the public body or office of the legislative branch.

 

        7. Paragraphs 12(d) and (e) of the Act are repealed and the following substituted:

             (d)  prescribing the time within which an application and appeal shall be submitted under sections 7 and 7.1;

             (e)  prescribing the time within which a decision under sections 7 and 7.1 shall be communicated to the employee who filed the application or appeal;