O. Reg. 85/96: GENERAL
under Public Sector Salary Disclosure Act, 1996, S.O. 1996, c. 1, Sched. A
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ontario REGULATION 85/96
GENERAL
Consolidation Period: From October 2, 2013 to the e-Laws currency date.
Last amendment: 271/13.
Legislative History: 303/04, 12/10, 203/11, 271/13.
This is the English version of a bilingual regulation.
1. An employer may charge 20 cents per page for furnishing a copy of a record or statement under subsection 4 (1) of the Act. O. Reg. 85/96, s. 1.
2. (1) In subsection (2), a reference to an employer referred to in a named clause shall be deemed to be a reference to an employer referred to in that clause of the definition of “public sector” in subsection 2 (1) of the Act. O. Reg. 85/96, s. 2 (1).
(2) The following employers shall provide to the following ministries, without charge, a copy of the record or statement the employers are required to make available for inspection by the public under section 3 of the Act, and shall do so not later than the fifth business day of March of each year:
1. An employer referred to in clause (a) shall provide a copy to,
i. every ministry from which the employer received funding in the previous year,
ii. every ministry to which the employer was required to deliver an annual report of its activities in the preceding year, and
iii. every ministry from which the employer has received a request for it.
2. An employer referred to in clause (b) shall provide a copy to the Ministry of Municipal Affairs and Housing.
3. An employer referred to in clause (d) shall provide a copy to the Ministry of Education.
3.1 An employer referred to in clause (e) shall provide a copy to the Ministry of Training, Colleges and Universities.
4. An employer referred to in clause (f) or (i) shall provide a copy to the Ministry of Health and Long-Term Care.
5. An employer referred to in clause (j) shall provide a copy to the Ministry of Finance.
6. An employer referred to in clause (c), (g), (h) or (k) to which the Government funding condition in subsection 2 (2) of the Act applies shall provide a copy to every ministry from which the employer received Government funding in the preceding year.
7. An employer referred to in clause (m) or (n) shall provide a copy to the Ministry of Energy. O. Reg. 85/96, s. 2 (2); O. Reg. 303/04, s. 1; O. Reg. 12/10, ss. 1, 2; O. Reg. 203/11, s. 1; O. Reg. 271/13, s. 1.
2.1 (1) For the purposes of this section,
“designated employer” means an employer described in any of clauses (b) to (n) of the definition of “public sector” in subsection 2 (1) of the Act. O. Reg. 12/10, s. 3.
(2) This section applies if an employee of a designated employer is seconded to a ministry. O. Reg. 12/10, s. 3.
(3) For the purposes of the Act, a designated employer shall provide the ministry, without charge, a copy of the record or statement that the employer is required to make available for inspection by the public under section 3 of the Act in respect of the employee, and shall do so not later than the fifth business day of March of each year. O. Reg. 12/10, s. 3.
(4) For greater certainty, if the ministry receives a record or statement under subsection (3), the ministry may disclose the following information:
1. The name of the ministry.
2. The name of the employee.
3. The name of the designated employer.
4. The position of the employee at the ministry.
5. The amount of salary paid by the designated employer to the employee in the year.
6. The amount of benefits reported to the Canada Revenue Agency under the Income Tax Act (Canada) by the designated employer for the employee in the year. O. Reg. 12/10, s. 3.
3. If a record or statement required by the Act is available to the public on a website, an employer is not required to include the record or statement with the employer’s annual report or its annual statement on activities or financial affairs, despite subsection 3 (5) of the Act. O. Reg. 303/04, s. 2.