BILL NO. 61

(as introduced)

1st Session, 63rd General Assembly
Nova Scotia
66 Elizabeth II, 2017

Private Member's Bill

Municipal Government Act (amended)
and
Halifax Regional Municipality Charter (amended)

Brad Johns
Sackville–Beaver Bank

First Reading: October 24, 2017

(Explanatory Notes)

Second Reading:

Third Reading:

Clauses 1 to 3 amend the Municipal Government Act to

(a) require a municipal council to adopt on or before January 1, 2018, a policy for the disclosure of compensation paid to municipal employees when the amount of compensation is $100,000 or more annually not including compensation for overtime, or such lower amount as the council determines, and set out the provisions to be contained in the policy; and

(b) require a municipal council to direct the chief administrative officer and the chief administrative officer to disclose to the public in accordance with the policy adopted by the council the amount of compensation paid annually to any employee of the municipality.

Clauses 4 and 5 amend the Halifax Regional Municipality Charter to make the existing disclosure rules for the Halifax Regional Municipality similar to the rules in Clauses 1 to 3.

Be it enacted by the Governor and Assembly as follows:

1 Section 30 of Chapter 18 of the Acts of 1998, the Municipal Government Act, is amended by adding immediately after subsection (3) the following subsection:

(3A) The council shall direct the chief administrative officer to disclose to the public, in accordance with the policy adopted pursuant to subsection 49(3), the amount of compensation it provides to any employee of the municipality.

2 Section 31 of Chapter 18 is amended by adding immediately after subsection (2) the following subsection:

(2A) When directed by the council pursuant to subsection 30(3A), the chief administrative officer shall disclose to the public in accordance with the policy adopted pursuant to subsection 49(3) the amount of compensation provided to any employee of the municipality.

3 Section 49 of Chapter 18 is amended by adding immediately after subsection (2) the following subsections:

(3) The council shall on or before January 1, 2018, adopt a policy requiring the municipality to disclose to the public within six months after the end of each fiscal year ending on or after March 31, 2018, the amount of compensation, including compensation for overtime, the municipality pays or provides to any employee, if the amount of compensation to that employee, other than compensation for overtime, is over the threshold amount referred to in subsection (4).

(4) The threshold amount for the purpose of subsection (3) is one hundred thousand dollars annually or such lesser amount that the policy provides.

(5) The council may, in the policy adopted pursuant to subsection (3), provide for the purpose of subsection (3) a threshold amount of less than one hundred thousand dollars annually.

(6) The council shall, in the policy adopted pursuant to subsection (3),

(a) define "compensation" for the purpose of the policy;

(b) designate any employee or class of employees whose compensation is subject to disclosure;

(c) set out terms respecting the context and form of the disclosure required by the policy; and

(d) include any other matter that the council considers necessary or advisable to carry out effectively the intent and purpose of subsection (3).

(7) The disclosure of information pursuant to the policy adopted pursuant to subsection (3) is deemed not to contravene any Act, regulation or agreement, whether the Act was enacted or the regulation or agreement was made before or after the coming into force of subsection (3) and, for greater certainty, Part XX of the Act does not restrict disclosure pursuant to the policy.

4 (1) Subsection 54A(1) of Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, as enacted by Chapter 20 of the Acts of 2015, is amended by

(a) striking out "may" in the first line and substituting "shall"; and

(b) adding ", including compensation for overtime," immediately after "compensation" in the second line.

(2) Subsection 54A(2) of Chapter 39, as enacted by Chapter 20 of the Acts of 2015, is amended by striking out "may" in the first line and substituting "shall".

(3) Subsection 54A(3) of Chapter 39, as enacted by Chapter 20 of the Acts of 2015, is amended by

(a) striking out "may" in the first line and substituting "shall"; and

(b) adding ", including compensation for overtime," immediately after "compensation" in the fifth line of clause (a).

(4) Subsection 54A(4) of Chapter 39, as enacted by Chapter 20 of the Acts of 2015, is amended by striking out "may" in the first line and substituting "shall".

(5) Chapter 39, as enacted by Chapter 20 of the Acts of 2015, is amended by adding immediately after subsection (4) the following subsection:

(4A) The threshold amount established pursuant to subsections (2) and (4)

(a) may not exceed one hundred thousand dollars annually; and

(b) does not include compensation for overtime.

5 Section 4 has effect on and after January 1, 2018.