NLR 81/16 - Public Sector Compensation Transparency Regulations under the Public Sector Compensation Transparency Act

NEWFOUNDLAND AND LABRADOR REGULATION 81/16 Public Sector Compensation Transparency Regulations under the Public Sector Compensation Transparency Act (O.C. 2016-277) Amended by: 22/18 s1 2018 cI-7.1 s29 110/18 2019 cO-6.1 s53 11/23 2022 cP-30.1 s76 2024 cH-18 s70 NEWFOUNDLAND AND LABRADOR REGULATION 81/16 Public Sector Compensation Transparency Regulations under the Public Sector Compensation Transparency Act (O.C. 2016-277) (Filed December 19, 2016) Under the authority of section 9 of the Public Sector Compensation Transparency Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s , December 16, 2016. Bernard M. Coffey, Q.C. Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions 3. Threshold 4. Designated public body 5. Disclosure of specific amounts 6. Amounts rounded 7. Time limits 7.1 Time limits re: employees of legislative branch 8. Disclosure re: exemptions Schedule Short title 1. These regulations may be cited as the Public Sector Compensation Transparency Regulations. 81/16 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Public Sector Compensation Transparency Act ; (b) "base salary" means the amount of compensation paid in a year to an employee for the performance of employment duties but does not include other compensation paid to the employee; (c) "bonus" means an amount paid to an employee, in addition to the employee’s base salary, which is based on predetermined criteria; (d) "overtime pay" means an amount paid to an employee, in addition to the employee’s base salary, for the performance of employment duties in excess of the employee’s regularly scheduled work hours; (e) "retroactive salary" means the amount of compensation paid to an employee for adjustments to past salary; (f) "severance pay" means an amount paid on retirement, resignation or termination to an employee as an accrued benefit calculated as a number of weeks salary based upon the employee's length of employment but does not include pay in lieu of notice on dismissal or position elimination; (g) "shift premium" means an amount paid to an employee in addition to the employee’s base salary because the employee’s regular working hours are scheduled outside of normal operational hours or on weekends; and (h) "other compensation" means compensation included in total compensation other than base salary, overtime pay, bonuses, shift premiums, retroactive salary and severance pay. 81/16 s2 ; 11/23 s1 Back to Top Threshold 3. The threshold is $100,000. 81/16 s3 Back to Top Designated public body 4. An entity listed in the Schedule is designated as a public body for the purpose of the Act. 81/16 s4 Back to Top Disclosure of specific amounts 5. In addition to the total compensation disclosed under sections 3 and 4 of the Act, the amounts for the following categories of compensation shall be specifically disclosed: (a) base salary; (b) overtime pay; (c) bonuses; (d) shift premium; (e) retroactive salary; (f) severance pay; and (g) other compensation. 81/16 s5 Back to Top Amounts rounded 6. The amounts referred to in section 5 shall be rounded to the nearest multiple of one hundred dollars. 81/16 s6 Back to Top Time limits 7. (1) The deputy minister of a department or chief executive officer of a public body shall, not later than March 31 of each year, provide written notice to all of the employees of the department or public body that the information in sections 3 and 4 of the Act will be disclosed. (2) An employee may file an application under subsection 7(1) of the Act not later than April 16 of each year. (3) The deputy minister or chief executive officer shall provide a decision regarding the application not later than April 30 of each year. (4) An employee who is dissatisfied with the decision of the deputy minister or chief executive officer may file an appeal under subsection 7(2) of the Act not later than May 14 of each year. (5) The President of Treasury Board shall provide a decision regarding the appeal not later than May 30 of each year. (6) This section does not apply to employees of the legislative branch. 81/16 s7 ; 22/18 s1 ; 110/18 s1 ; 11/23 s2 Back to Top Time limits re: employees of legislative branch 7.1 (1) The clerk shall, not later than March 31 of each year, provide written notice to all of the employees of the legislative branch that the information in section 3 of the Act will be disclosed. (2) An employee of the legislative branch may file an application under subsection 7.1(1) of the Act not later than April 16 of each year. (3) The clerk shall provide a decision regarding the application not later than April 30 of each year. (4) An employee of the legislative branch who is dissatisfied with the decision of the clerk may file an appeal under subsection 7.1(2) of the Act not later than May 14 of each year. (5) The speaker shall provide a decision regarding the appeal not later than May 30 of each year. 110/18 s2 ; 11/23 s3 Back to Top Disclosure re: exemptions 8. The following information shall be included in disclosure under section 9 of the Act: (a) a statement that no information was exempted from disclosure under the Act where no information was exempted from disclosure under the Act; (b) a statement that information regarding one employee was exempted from disclosure under the Act where information regarding one employee was exempted from disclosure under the Act; or (c) a statement indicating the number of employees whose information was exempted from disclosure under the Act and the aggregate total compensation exempted from disclosure. 81/16 s8 ; 110/18 s3 Back to Top Schedule Board of Commissioners of Public Utilities C.A. Pippy Park Commission Celebrate NL Inc. College of the North Atlantic Conseil scolaire fr ancophone provincial de Terre- Neuve -et-Labrador Credit Union Deposit Guarantee Corporation Human Rights Commission Independent Appointments Commission Labour Relations Board Marble Mountain Development Corporation Memorial University of Newfoundland Multi-Materials Stewardship Board Municipal Assessment Agency Newfoundland and Labrador English School District Newfoundland and Labrador Film Development Corporation Newfoundland and Labrador Housing Corporation Newfoundland and Labrador Hydro-Electric Corporation and its subsidiaries Newfoundland and Labrador Liquor Corporation Oil and Gas Corporation of Newfoundland and Labrador and its subsidiaries Provincial Advisory Council on the Status of Women Provincial Health Authority Provincial Information and Library Resources Board Public Procurement Agency Public Service Commission Royal Newfoundland Constabulary The Rooms Corporation Workplace Health, Safety and Compensation Review Division Workplace NL 81/16 Sch ; 2018 cI-7.1 s29 ; 110/18 s4 ; 2019 cO-6.1 s53 ; 11/23 s4 ; 2022 cP-30.1 s76 ; 2024 cH-18 s70