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Public Sector Salary Disclosure Amendment Act, 2004, S.O. 2004, c. 1 - Bill 15

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EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 15 and does not form part of the law.  Bill 15 has been enacted as Chapter 1 of the Statutes of Ontario, 2004.

The Public Sector Salary Disclosure Act, 1996 is amended to specify that Hydro One Inc., Ontario Power Generation Inc. and their subsidiaries are part of the public sector and to designate them as employers for the purposes of the Act.

Transitional provisions require them to disclose the information required by the Act with respect to the salaries and benefits paid by them in 1999, 2000, 2001, 2002 and 2003.  The deadlines for those disclosures are specified.

 

chapter 1

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

Assented to April 15, 2004

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

1. (1) The definition of “employer” in subsection 2 (1) of the Public Sector Salary Disclosure Act, 1996 is repealed and the following substituted:

“employer” means,

(a) an employer in the public sector that does not carry on its activities for the purpose of gain or profit to its members or shareholders, and includes the Crown and a body to which a person is elected or appointed under the authority of an Act of Ontario,

(b) Hydro One Inc. and each of its subsidiaries, and

(c) Ontario Power Generation Inc. and each of its subsidiaries; (“employeur”)

(2) Subsection 2 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 31, section 169, 1998, chapter 18, Schedule G, section 71 and 2002, chapter 17, Schedule F, Table, is amended by adding the following definitions:

“Hydro One Inc.” has the same meaning as in the Electricity Act, 1998; (“Hydro One Inc.”)

“Ontario Power Generation Inc.” has the same meaning as in the Electricity Act, 1998; (“Ontario Power Generation Inc.”)

(3) The definition of “public sector” in subsection 2 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 31, section 169, 1998, chapter 18, Schedule G, section 71 and 2002, chapter 17, Schedule F, Table, is amended by striking out “or” at the end of clause (k) and by adding the following clauses:

(m) Hydro One Inc. and each of its subsidiaries, or

(n) Ontario Power Generation Inc. and each of its subsidiaries;

(4) Subsection 2 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 31, section 169, 1998, chapter 18, Schedule G, section 71 and 2002, chapter 17, Schedule F, Table, is amended by adding the following definition:

“subsidiary”, in relation to Hydro One Inc. and Ontario Power Generation Inc., has the same meaning as in the Electricity Act, 1998. (“filiale”)

2. Section 3 of the Act is amended by adding the following subsection:

Transition, for 1999 to 2003

(6) Hydro One Inc., Ontario Power Generation Inc. and their subsidiaries shall do the following things with respect to 1999, 2000, 2001, 2002 and 2003:

1. Each employer shall make available for inspection by the public without charge a written record of the amount of salary and benefits paid in each year by the employer to or in respect of an employee to whom the employer paid at least $100,000 as salary.  Subsection (2) applies with respect to the record.  It must be made available on or before the later of March 31, 2004 and the day that is one month after the date on which the Public Sector Salary Disclosure Amendment Act, 2004 receives Royal Assent.

2. For each year in which the employer had no employees to whom the employer paid at least $100,000 as salary, the employer shall make available for inspection by the public without charge a written statement described in subsection (3).  It must be made available on or before the later of March 31, 2004 and the day that is one month after the date on which the Public Sector Salary Disclosure Amendment Act, 2004 receives Royal Assent.

3. The employer shall allow the public to inspect those records or statements without charge at a suitable location on the employer’s premises at any time during the employer’s normal working hours throughout the period beginning on the date on which the records or statements are made available to the public and ending one year later.

3. Subsection 4 (2) of the Act is amended by adding “or (6), as the case may be” at the end.

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, 2004.