Preparing your 2006 report for the year Public Sector Salary Disclosure Act 2006 Guide

Introduction

Quick Guide to Public Sector Salary Disclosure

Section 1: Is my organization covered under PSSDA?
  1.1 Public Sector Organizations specifically listed as "Employers" in the Act
  1.2 1.2 Organizations considered as "Employers" if they meet the funding condition
  1.3 1.3 Organizations excluded from the Act
  1.4 1.4 The funding condition

Section 2: How do I know if my organization has any employee whose salary should be disclosed?
  2.1 Employees
  2.2 Calculation of the salary paid
  2.3 Difference between salary rate and salary paid
  2.4 No employee salaries to disclose

Section 3: How does my organization disclose the employees earning $100,000 and more?
  3.1 Record of Employees' 2006 Salaries and Benefits
  3.2 How to complete the Excel Template

Section 4: What should I do with my disclosure record or "Statement of No Employee Salaries to Disclose"?
  4.1 Submit the report to the funding ministry
  4.2 Make the Record or Statement available on your premises

Section 5: What are my other responsibilities as an employer under PSSDA?
  5.1 Inform your employees
  5.2 Answering questions on the components of the salary paid or taxable benefits
  5.3 Privacy of individuals and personal information
  5.4 Penalties for not making the required disclosure
  5.5 Deadline for disclosure

Section 6: The Public Sector Salary Disclosure Amendment Act, 2004
  6.1 Salary disclosure in annual reports
  6.2 Hydro One and Ontario Power Generation salary disclosure

Appendices

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Introduction

The Public Sector Salary Disclosure Actwas passed in 1996 to make Ontario's broader public sector more open and accountable to taxpayers. The Public Sector Salary Disclosure Act (PSSDA) requires organizations that receive public funding from the Government of Ontario to disclose annually the names, positions, salaries and total taxable benefits of employees paid $100,000 or more in a year.

The Act covers the Government of Ontario, Crown Agencies, Municipalities, Hospitals, Boards of Public Health, School Boards, Universities, Colleges, Ontario Power Generation, Hydro One, and other public sector employers who receive a significant level of funding from the provincial government.

The main requirement for the organizations covered by the Act is to make their disclosure or if applicable to make their statement of no employee salaries to disclose available to the public by March 31. The organizations are also required to send their disclosure or statement to their funding ministry by March 31.

The purpose of this guide is to:

1. help employers determine if they are covered under the Act
2. explain what to disclose, how salaries and total taxable benefits are calculated and how to prepare the disclosure report
3. explain how to comply with the legislative requirements

If you have any questions after reading this guide, please contact your responsible ministry. A list of contacts, phone numbers and e-mail addresses is available at the end of the guide.

Section 1: Is my organization covered under PSSDA?

This section explains which organizations are covered and the funding condition.

1.1 Public Sector Organizations specifically listed as "Employers" in the Act

All these organizations are covered under the PSSDA:

• The Crown in Right of Ontario (the Provincial Government)
• Municipalities
• School Boards
• Universities
• Colleges of Applied Arts and Technology
• Post secondary institutions in Ontario, the enrolments of which are counted for purposes of calculating annual operating grants entitlements
• Hospitals (as defined in the Public Hospital Act, Private Hospital Act and Community Psychiatric Hospitals Act)
• Boards of Health
• Agencies established by the Province of Ontario
• Authorities, boards, commissions, corporations, offices and organizations where a majority of the directors, members or officers are appointed under the authority of the Lieutenant Governor in Council by Order in Council
• Office of the Lieutenant Governor in Council, Office of the Assembly, members of the Assembly and offices of persons appointed on an address of the Assembly
• Hydro One Inc., Ontario Power Generation Inc. and each of their subsidiaries

1.2 Organizations considered as "Employers" if they meet the funding condition

Some organizations are covered only if they received a significant amount of funding from the government during the year:

• A local board of a municipality
• Corporations, with share capital, where at least 90% of the issued shares are owned or held by any of the organizations listed above and every wholly-owned subsidiary thereof
• Corporations without share capital, the majority of whose members, directors or officers are appointed or chosen by any of the organizations listed above and every wholly-owned subsidiary thereof
• Not‑for‑profit organizations receiving funding from the Province

1.3 Organizations excluded from the Act

The following organizations are not covered under the Act:

1. Organizations that carry on their activities for the purpose of gain or profit to their members or shareholders
2. Not-for-profit organizations, local boards of a municipality, corporations owned or controlled by the public sector organizations listed above (in section 1.1), if they do not meet the funding condition.

If your organization does not meet the definition of "employer" under the Act, the Act does not apply to you, and no disclosure is necessary.

1.4 The funding condition

Some organizations (such as not-for-profit organizations, local boards of municipalities, and corporations owned or controlled by the public sector organizations listed in the Act) are covered if they received funding from the government as detailed below.

Generally, funding means Transfer Payments. A transfer payment is a transfer of money to an organization for which the government making the transfer does not:

1. receive goods or services directly in return, as would occur in a purchase or sale transaction;
2. expect to be repaid in the future, as would be expected in the case of a loan; or

• expect a financial return, as would be expected in the case of an investment.

The major types of transfer payments are entitlements, shared cost agreements and grants.

Funding received from the Government of Ontario in 2006	Requirements under PSSDA
Under $120,000	The organization is not covered under PSSDA and does not have to disclose.
At least $120,000 but under $1 million	The organization is covered under PSSDA if the funding represents 10 per cent or more of the organization's gross revenues for the year. In that case, the organization must disclose. If the funding represents less than 10 per cent of the organization's gross revenues for the year, the organization is not required to disclose. In this case, Management Board of Cabinet can require evidence that the funding is less than 10 per cent of the organization's gross revenues for the year.
$1 million and more	Organization is covered under PSSDA and must disclose.
Total Funding	An organization may receive funding from more than one ministry. Ultimately, it is the responsibility of the organization to determine whether it meets the funding criteria since the Act refers to total funding from the government, not just from one ministry.

Section 2: How do I know if my organization has any employees whose salary should be disclosed?

This section explains how to identify the employees captured by the Act and how to calculate their salary paid. Ultimately, it is the organization that will know if it has to either disclose employees or complete a statement of no employee salaries to disclose.

2.1 Employees

Everyone to whom your organization issues a T4 slip is considered an employee. This includes a person who is a director or officer of an employer and someone who is elected or appointed under the authority of an Act of Ontario.

Employees on secondment are considered employees of the organization that issued their T4 even if the organization is reimbursed for all or part of the employee's salary. You will find more details on how to disclose "seconded" employees in section 3.2(5).

2.2 Calculation of the salary paid

It is only when an employee's salary is at least $100,000 that an organization is required to disclose the salary amount and the value of the taxable benefits.  The
$100,000 salary cutoff does not include taxable benefits.  The definition of salary in PSSDA is tied to the Income Tax Act. Therefore, it is necessary to use specific boxes from the T4 slip to calculate the salary paid and the taxable benefits.

Salary Calculation Salary Paid = (Box 14 of T4 slip) - (Boxes 30+32+34+36+38+40 of T4 slip) Do not include amounts listed on the T4A slip when calculating the salary paid.

2.3 Difference between salary rate and salary paid

The salary paid on the T4 slip may not be the same as the salary rate for the position, or the salary earned in 2006. There may be differences due to payments such as retroactive pay, grievances prior to 2006, etc. Payment for overtime, which is usually paid on top of the annual salary, pushes the amount of salary paid above the annual salary rate.

2.4 No employee salaries to disclose

An employer covered under the Act is required to produce a “Statement of No Employee Salaries to Disclose" if it has no employees to disclose (i.e. no employee was paid $100,000 or more). Submit the completed statement to the responsible ministry.
There is a copy of the form at the end of this guide. This form is available on the Ministry of Finance website at:
http://www.fin.gov.on.ca/en/publications/salarydisclosure

Submit the statement by fax or e-mail to the funding ministry or ministries by March 12, 2007.  Section 4 of this guide provides more information on where to send your statement. A list of ministry contacts is available at the end of this guide.

Section 3: How does my organization disclose the employees earning $100,000 or more?

This section explains how to complete the Record of Employees' 2006 Salaries and Benefits when an organization has employees to disclose.

3.1 Record of Employees' 2006 Salaries and Benefits

If your organization has employees who were paid $100,000 or more, complete a "Record of Employees' 2006 Salaries and Benefits". The template is available at:
http://www.fin.gov.on.ca/en/publications/salarydisclosure

Submit the record to the funding ministry or ministries preferably in electronic format by March 12, 2007. Section 4 explains where to send the record. A list of ministry contacts is also available at the end of the guide.

3.2 How to complete the Excel Template

The Record of Employees' 2006 Salaries and Benefits consists of seven fields that need to be completed for each employee.

1. Sector

Choose from one of the following in the dropdown menu:

• Government of Ontario
• Ministries
• Legislative Assembly and Offices
• Judiciary

          Example: Government of Ontario - Ministries

• Crown Agencies
• Municipalities and Services
• Hospitals and Boards of Public Health
• School Boards
• Universities
• Colleges
• Hydro One and Ontario Power Generation

Other Public Sector Employers

2. Employer

• Provide the organization’s legal name spelled in full
• External Reporting will abbreviate where necessary
• Alphabetical order

3. Surname

Use the employee's surname, as shown on the 2006 T4 Slip.
Do not use "Estate of" in the case where an employee is deceased.
Use upper case text.
Insert a period after initials in the name.

4. Given name

The employee's given name, as shown on the 2006 T4 Slip.
Do not use "Estate of" in the case where an employee is deceased.
Use upper case text.
Insert a period after initials in the name.

5. Position title

Use the position title as at December 31, 2006. If the employee was no longer with the employer at the end of 2006, then use the position title last held by the employee.

Spell the position title in full (no abbreviation should be used as there is no character limit)

Some expressions should not be used in the position title as they give extra information that is not required by the Act. Adding these expressions to a position title is an infringement of the Freedom of Information and Protection of Privacy Act (FIPPA). Some examples are:

• Do not use the words "temporary" or "former".
• Do not use the word "Acting". The only exception is when there is an official contract or paper trail which officially designates the position as acting.
• Do not use the word "seconded". Employers can use the expression only if they receive a written consent from their employee.

6. Salary Paid

Amount paid by the employer to the employee in 2006.

• To calculate the salary paid, subtract boxes 30, 32, 34, 36, 38, and 40 from box 14 of the T4 slip.
• Do not provide any breakdown of the components of the salary.
• Salary Paid = (Box 14)  -  (Boxes 30+32+34+36+38+40)

7. Taxable benefits

Amount paid by the employer to the employee in 2006 as reported on the T4 slip.
(Total of boxes 30, 32, 34, 36 and 40).

• Do not provide any breakdown of the specific taxable benefits.
• Taxable Benefits = Boxes 30+32+34+36+40

Examples of fictitious situations and sample disclosures have been provided below for illustration purposes only.

Example 1

Jane Doe is the Chief of Staff for Red Hospital. In 2006 she earned a regular salary of $97,000 and taxable benefits of $525.16. She also received a retroactive salary payment of $4,500 for 2006, as a result of settlement of negotiations for a salary increase beginning in 2003. Jane’s T4 for 2006 reflects a salary of $101,500 ($97,000 + $4,500) in the year 2006.

Jane Doe's T4:

• Box 14 amount is $102,025.16
• Box 30= 0, Box 32= $525.16, Box 34=0, 36, Box 38=0 and Box 40=0
• Salary paid = (Box 14)  -  (Boxes 30+32+34+36+38+40) = $102,025.16-$525.16= $101,500
• Taxable Benefits = Boxes 30+32+34+36+40= 0+525.16+0+0= $525.16

Example 2

Rose Lee is a registered nurse and a permanent employee at the Red Hospital. She is on a secondment to the Blue Hospital to work on a special project from May 2006 to December 2007. Rose is still paid by Red Hospital during that time but Blue Hospital reimburses part of her salary to Red Hospital.

At the end of the year:

• Red Hospital issues a T4 for Rose for 2006.
• The calculation of her salary paid for PSSDA is over $100,000.
• Rose's position title at Red Hospital is registered nurse but the pay system reported her as "registered nurse seconded to Blue Hospital".
• Blue hospital does not issue a T4 for Nurse Rose.

In this case, Rose will be disclosed under Red Hospital. Her position title will be registered nurse. If Red hospital wants to mention that Rose is on secondment with Blue Hospital, Rose needs to give a written consent. If she accepts, her position title will be " registered nurse (seconded to Blue Hospital)"  

Sample record of disclosure

RECORD OF EMPLOYEES' 2006 SALARIES AND BENEFITS
Sector	Employer	Surname	Given Name	Position Title	Salary Paid	Taxable Benefits
Hospital and Boards of Public Health	Red Hospital	DOE	JANE	Chief of Staff	$101,500.00	$525.16
Hospital and Boards of Public Health	Red Hospital	LEE	ROSE	Registered Nurse	$101,040.00	$200.00
I certify that the information provided on this Record is correct in accordance with the Public Sector Salary Disclosure Act, 1996. Name: Position Title: Phone Number: Date: Prepared under the Public Sector Salary Disclosure Act, 1996

Section 4: What should I do with my disclosure Record or Statement of No Employee Salaries to Disclose?

This section explains the two requirements for disclosure under the Act.

4.1 Submit the report to the funding ministry - paper copy or electronically (one sector per excel file, no multiple worksheets in a file)

Submit your Record or Statement to your funding ministry as shown below. A list of contacts for each ministry is available at the end of this guide.

Employer	Ministry Receiving Record
Agencies and other bodies owned or controlled by the Provincial Government	Every ministry that provided funding.
Municipalities and Services	Ministry of Municipal Affairs and Housing
School Boards	Ministry of Education
Universities	Ministry of Training, Colleges and Universities
Colleges	Ministry of Training, Colleges and Universities
Hospitals	Ministry of Health and Long-Term Care
Boards of Health	Ministry of Health and Long-Term Care
Hydro One Inc., Ontario Power Generation Inc. and each of their subsidiaries	Ministry of Energy
Employers subject to the funding condition	Every ministry that provided funding. You may have to report to more than one ministry.

Please submit your record by March 12, 2007 to your funding ministry.

Each year the Ministry of Finance publishes a compendium of statements and records. To ensure your record or statement is published in the compendium, please submit it by March 12, 2007.  The Ministry of Finance also publishes an addendum a few months after the release of the compendium to include records and statements received after the production of the compendium.

4.2 Make the Record or Statement available on the premises of your head office

Your organization’s record or statement must be available for inspection without charge during your normal business hours from March 31 to December 31 of the same year.
Copies are required to be available on request during and after the above period. You may charge twenty (20) cents per page for providing a copy. However, you may waive this fee at your discretion. No separate fee is allowed for postage.

Section 5: What are my other responsibilities as an employer under PSSDA?

This section explains how to deal with some of your employees' questions or concerns regarding the disclosure of their salaries. It also informs the employers of their responsibilities.

5.1 Inform your employees

We recommend that you tell your employees about the disclosure of their salaries before you release the information. This will provide them with the opportunity to confirm the information before it is published.  You might want to refer them to the Ministry of Finance website where they will find more information on the PSSDA.

http://www.fin.gov.on.ca/en/publications/salarydisclosure

5.2 Answering questions on the components of the salary paid or taxable benefits

The Act authorizes employers to disclose the value of the salary paid and the taxable benefits as defined by the Canada Revenue Agency. The Act does not authorize employers to disclose what is specifically included in the salary paid or the specifics of the benefits.

5.3 Privacy of individuals and personal information

Employers cannot be held liable for making this disclosure if they reasonably believed that they were required to make the disclosure. A non disclosure clause in an employment contract cannot be used to avoid disclosure. If you have any doubts about what you are required to disclose, check with your funding ministry. The Act only covers information that it specifically authorizes employers to release, as explained in section 3 of this guide.

5.4 Penalties for not making the required disclosure

The Act allows Management Board of Cabinet to direct a ministry to withhold part or all of the transfer payment to an employer if the employer has failed to comply with the Act. The funds will be paid once the employer complies. If the employer fails to comply after one year (by March 31 of the following year) the employer ceases to be entitled to the payment withheld. Management Board of Cabinet can also withhold funds if an organization fails to provide evidence regarding revenues under the funding criteria (i.e. whether at least 10 per cent of gross revenues came from the Province or not).

5.5 Deadline for disclosure

Employers covered under the Act must make the Record of Employees' 2006 Salaries and Benefits or the Statement of No Employee Salaries to Disclose public by March 31.

Send your record or statement by March 12, 2007 to ensure it is published in the compendium.

Section 6: The Public Sector Salary Disclosure Amendment Act, 2004

The Public Sector Salary Disclosure Amendment Act, 2004 has been in effect since April15, 2004.

6.1 Salary disclosure in annual reports

Employers are relieved from having to include salary disclosure with their annual reports if that disclosure is made available on a public website (a corporate website or the Ministry of Finance website).

Prior to the amendment, the Public Sector Salary Disclosure Act required an employer, which normally issues an annual report, to include the salary disclosure with their annual report.

6.2 Hydro One and Ontario Power Generation salary disclosure

This amendment specified that Hydro One Inc., Ontario Power Generation Inc. and each of their subsidiaries are part of the public sector and designated them as public sector “employers” for the purposes of the Act.

Hydro One Inc., Ontario Power Generation Inc. and each of their subsidiaries are required to provide salary disclosure to the Ministry of Energy.  This applies for 2004 and future years.

Appendices

For additional information, please consult the Public Sector Salary Disclosure section of the Ministry of Finance website:
http://www.fin.gov.on.ca/en/publications/salarydisclosure

The Public Sector Salary Disclosure Act, 1996 and the relatedRegulations are available on the Ontario E-Laws website http://www.e-laws.gov.on.ca

Ministry	E-Mail Address	Phone Number	Fax Number
Agriculture, Food and Rural Affairs	pssd@omafra.gov.on.ca	519-826-4091	519-826-3264
Attorney General	pssd@jus.gov.on.ca	416-326-4404	416-326-2298
Children and Youth Services	pssd@css.gov.on.ca	416-326-8021	416-327-8825
Citizenship and Immigration	Public Sector, Salary Disclosure@mci.gov.on.ca	416-326-9575 416-325-6146	416-325-6387
Community and Social Services	pssd@css.gov.on.ca	416-326-8021	416-327-8825
Community Safety and Correctional Services	pssdmcscs@jus.gov.on.ca	416-212-4045 416-326-8027	416-325-3465
Culture	Public Sector, Salary Disclosure@mci.gov.on.ca	416-326-9575 416-325-6146	416-325-6387
Democratic Renewal Secretariat	Dan.Keating@edt.gov.on.ca	416-325-6598	416-325-6715
Economic Development and Trade	Dan.Keating@edt.gov.on.ca	416-325-6598	416-325-6715
Education	pssd@edu.gov.on.ca	416-327-9102	416-325-1835
Energy	Kate.Johnstone@ontario.ca	416-325-8942	416-314-3354
Environment	Marguerita.Consalves@ene.gov.on.ca	416-314-9291	416-314-9313
Finance	Liz.Persaud@ontario.ca	905-433-6096	905-433-6588
Francophone Affairs	Public Sector, Salary Disclosure@mci.gov.on.ca	416-326-9575 416-325-6146	416-325-6387
Government Services/Lieutenant Gov.	John.Leibycz@ontario.ca Niloufer.Srivastav@ontario.ca	416-327-8506 416-326-8915	416-327-4048
Health and Long-Term Care	pssd@moh.gov.on.ca	416-327-4374	416-327-8791
Health Promotion	Keith.Menezes@mhp.gov.on.ca	416-326-6389	416-326-4366
Intergovernmental Affairs	Dan.Keating@edt.gov.on.ca	416-325-6598	416-325-6715
Labour	pssd@mol.gov.on.ca	416-326-7249	416-326-7241
Municipal Affairs and Housing	pssd@mah.gov.on.ca	416-585-6990	416-585-7328
Natural Resources	pssd@mnr.gov.on.ca	705-755-1303	705-755-3108
Northern Development and Mines	Bernie.Thompson@ndm.gov.on.ca	705-564-7973	705-564-7954
Ontario Secretariat for Aboriginal Affairs	pssd@mnr.gov.on.ca	705-755-1303	705-755-3108
Public Infrastructure Renewal	Kate.Johnstone@ontario.ca	416-325-8942	416-314-3354
Research and Innovation	Dan.Keating@edt.gov.on.ca	416-325-6598	416-325-6715
Tourism	Public Sector, Salary Disclosure@mci.gov.on.ca	416-326-9575 416-325-6146	416-325-6387
Training, Colleges and Universities	pssd@edu.gov.on.ca	416-327-9102	416-325-1835
Transportation	pssd@mto.gov.on.ca	905-704-2672	905-704-2720

List of approved abbreviations

To ensure consistency throughout the compendium, use the following abbreviations.

Common Words	Abbreviation
Administration	Admin.
Assessment	Assess.
Assistant	Asst.
Assistant Deputy Minister	ADM
Associate	Assoc.
Board of Education	BE
Business	Bus.
Catholic District School Board	CDSB
Catholic School District	CSD
Centre/Center	Ctr.
Chief Administrative Officer	CAO
Chief Executive Officer	CEO
Chief Financial Officer	CFO
Chief Information Officer	CIO
Chief Nursing Officer	CNO
Chief Operational Officer	COO
Children’s Aid Society	CAS
Community Care Access Centre	CCAC
Community Health Centre	CHS
Control	Cntrl.
Co-ordinator	Co-ord.
Corporate	Corp.
Delivery	Del.
Deputy	Dep.
Development	Dev.
Director	Dir.
District Health Council	DHC
District School Board	DSB
Division	Div.
Executive	Exec.
Executive Vice-President	EVP
Facilities	Facil.
Family and Children’s Services	FACS
General Manager	GM
Health	Hlth.
Human Resources	HR
Incorporated	Inc.
Information	Info.
Information Services	IS
Information Technology	IT
Limited	Ltd.
Long-Term Care	LTC
Management	Mgmt.
Manager	Mgr.
Market	Mrkt.
Mental Health	MH
Ontario	Ont.
Operations	Ops.
Planning	Plng.
President	Pres.
Professor	Prof.
Program	Prog.
Project	Proj.
Public Health Department	PHD
Quality Assurance	QA
Research and Development	R&D
Roman Catholic Separate School Board	RCSSB
Saint/Sainte	St/Ste
School	Sch.
Separate School Board	SSB
Sergeant	Sgt.
Services	Srvcs.
Technology	Tech.
Vice President	VP

STATEMENT OF NO EMPLOYEE SALARIES TO DISCLOSE (name of organization) In 2006, no employees were paid a salary, as defined in the Public Sector Salary Disclosure Act, 1996, of $100,000 or more. Name (of highest ranking Officer of the Employer) Position Title Signature Date Prepared under the Public Sector Salary Disclosure Act, 1996