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NEWFOUNDLAND AND LABRADOR
REGULATION 81/16

Public Sector Compensation Transparency Regulations
under the
Public Sector Compensation Transparency Act
(O.C. 2016-277)

Amended by:

 

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



Short title

        1. These regulations may be cited as the Public Sector Compensation Transparency Regulations .

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Definition

        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 his or her base salary, which is based on predetermined criteria;

             (d)  "overtime pay" means an amount paid to an employee, in addition to his or her base salary, for the performance of employment duties in excess of his or her 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 his or her base salary because his or her 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.

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Threshold

        3. The threshold is $100,000.

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Designated public body

        4. An entity listed in the Schedule is designated as a public body for the purpose of the Act.

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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.

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Amounts rounded

        6. The amounts referred to in section 5 shall be rounded to the nearest multiple of one hundred dollars.

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Time limits

        7. (1) The deputy minister of a department or chief executive officer of a public body shall 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 60 days from the date of the notice.

             (2)  An employee may file an application under subsection 7(1) of the Act within 14 days of his or her receipt of the written notice referred to in subsection (1). 

             (3)  The deputy minister or chief executive officer shall provide his or her decision regarding the application within 14 days of receipt of the application.

             (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 within 14 days   of his or her receipt of the decision of the deputy minister or chief executive officer.

             (5)  The President of Treasury Board shall provide his or her decision regarding the appeal within 14 days of receipt of the appeal.

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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 section 7 of the Act where no information was exempted from disclosure under section 7 of the Act;

             (b)  a statement that information regarding one employee was exempted from disclosure under section 7 of the Act where information regarding one employee was exempted from disclosure under section 7 of the Act; or

             (c)  a statement indicating the number of employees whose information was exempted from disclosure under section 7 of the Act and the aggregate total compensation exempted from disclosure.

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Schedule

Board of Commissioners of Public Utilities

C.A. Pippy Park Commission

Central Regional Health Authority

College of the North Atlantic

Conseil scolaire fr ancophone provincial de Terre-Neuve-et-Labrador

Eastern Regional Health Authority

Electoral Districts Boundaries Commission

Government Purchasing Agency

Human Rights Commission

Independent Appointments Commission

Labour Relations Board

Labrador-Grenfell Regional Health Authority

Marble Mountain Development Corporation

Memorial University of Newfoundland

Mental Health Review Board

Multi-Materials Stewardship Board

Municipal Assessment Agency

Nalcor Energy and its subsidiaries

Newfoundland and Labrador Centre for Health Information

Newfoundland and Labrador English School District

Newfoundland and Labrador Film Development Corporation

Newfoundland and Labrador Housing Corporation

Newfoundland and Labrador Hydro

Newfoundland and Labrador Liquor Corporation

Newfoundland and Labrador Medical Care Plan

NL 911 Bureau Inc.

Provincial Advisory Council on the Status of Women

Provincial Information and Library Resources Board

Public Service Commission

Research & Development Corporation

Royal Newfoundland Constabulary

Student Loan Corporation of Newfoundland and Labrador

The Rooms Corporation

Western Regional Health Authority

Workplace Health, Safety and Compensation Review Division

Workplace NL

81/16 Sch