An Act respecting the salaries of certain public officialsSalaries ActSalaries201105
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S-3SHORT TITLEShort titleThis Act may be cited as the Salaries Act.
R.S., c. S-2, s. 1.
PUBLIC APPOINTMENTS COMMISSIONFunctions of CommissionThe Governor in Council may establish a Public Appointments Commission, consisting of a chairperson and not more than four other membersto oversee, monitor, review and report on the selection process for appointments and reappointments by the Governor in Council to agencies, boards, commissions and Crown corporations, and to ensure that every such process is widely made public and conducted in a fair, open and transparent manner and that the appointments are based on merit;to evaluate and approve the selection processes proposed by ministers to fill vacancies and determine reappointments within their portfolios, monitor and review those processes, and ensure that they are implemented as approved, giving special attention to any instances in which ministers make appointments that are inconsistent with the recommendations of appointment panels;to develop and establish a code of practice for appointments by the Governor in Council and ministers that sets out the steps that are necessary for a fair, open and transparent appointment process, including requirements for appointments and criteria for appointments to be made fully public;to audit appointment policies and practices in order to determine whether the code of practice is being observed;to report publicly on compliance with the code of practice, in particular by providing an annual report to the Prime Minister to be transmitted to the Speaker of each House of Parliament for tabling and referral to the appropriate committee of that House for study;to provide public education and training of public servants involved in appointment and reappointment processes regarding the code of practice; andto perform any other function specified by the Governor in Council.AppointmentBefore making a recommendation to the Governor in Council that a person be appointed to the Commission, the Prime Minister shall consult with the leader of every recognized party in the House of Commons. An announcement of an appointment shall be transmitted to the Speaker of the House of Commons for tabling in that House.Term of officeMembers of the Commission hold office during good behaviour for a term of five years and may be reappointed for a further term or terms, but are removable for cause by the Governor in Council.Report to ParliamentIn its report, the Commission shall identify any material failure to comply with its code of practice by any department, Minister or official.
2006, c. 9, s. 227.
Remuneration and expensesMembers of the Public Appointments Commission shall be paid the remuneration and expenses fixed by the Governor in Council.Appointment of staffAny employees that are required by the Commission to enable it to carry out its functions shall be appointed in accordance with the Public Service Employment Act.
2006, c. 9, s. 227.
CONSOLIDATED REVENUE FUNDSalaries payable out of C.R.F.The salaries mentioned in this Act are payable yearly, and pro rata for any period less than a year, out of the Consolidated Revenue Fund.
R.S., c. S-2, s. 2.
SALARY OF LIEUTENANT GOVERNORSSalaries of lieutenant governors from April 1, 1985 to December 31, 1985The salary of the lieutenant governor of each province for the period from April 1, 1985 to December 31, 1985 is $69,000 per annum.Base for 1986 indexationFor the purposes of subsections (2) and (3), the salary annexed to the office of lieutenant governor for the 1985 calendar year shall be deemed to be $69,000.Annual adjustment of salaryFor the 1984 calendar year and for each calendar year thereafter, the salary of the lieutenant governor of each province shall be the amount obtained by multiplying the salary annexed to that office for the calendar year immediately preceding the calendar year in respect of which the salary is to be determined by the lesser ofthe percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year, andone hundred and seven per cent.Meaning of certain expressionsFor the purposes of subsection (2),in relation to any calendar year in respect of which the salary is to be determined,the “first adjustment year” is the last twelve month period preceding the commencement of the calendar year in respect of which the salary is to be determined for which the Industrial Aggregate is available on the first day of the calendar year in respect of which the salary is to be determined, andthe “second adjustment year” is the twelve month period immediately preceding the first adjustment year; andthe “Industrial Aggregate” for an adjustment year is the average weekly wages and salaries of the Industrial Aggregate in Canada for that year as published by Statistics Canada under the authority of the Statistics Act.Rounding of amountsA salary determined for a calendar year pursuant to subsection (2) that is not a multiple of one hundred dollars shall be rounded to the closest multiple of one hundred dollars that is lower than the salary so determined.Salary for 1993, 1994, 1995 and 1996Notwithstanding subsection (2), for each of the 1993, 1994, 1995 and 1996 calendar years, the salary of the lieutenant governor of each province shall be the same as the salary annexed to that office for the 1992 calendar year.Base for 1997 calculationFor the purposes of calculating a salary under subsection (2) for the 1997 calendar year, the salary annexed to the office of lieutenant governor for the 1996 calendar year shall be deemed to be the salary payable under subsection (5).
R.S., 1985, c. S-3, s. 3;
R.S., 1985, c. 50 (1st Supp.), s. 3, c. 47 (2nd Supp.), s. 1;
1993, c. 13, s. 12;
1994, c. 18, s. 11.
SALARIES OF MINISTERS BEFORE APRIL 1, 2004Prime Minister’s annual salaryCommencing on January 1, 2001, the Prime Minister’s annual salary is equal to the remuneration reference amount referred to in section 54.1 of the Parliament of Canada Act, multiplied by 50 per cent.Salaries of ministersCommencing on January 1, 2001, the annual salary of the following ministers, being members of the Queen’s Privy Council for Canada, is equal to the remuneration reference amount referred to in section 54.1 of the Parliament of Canada Act, multiplied by 24 per cent:the Minister of Justice and Attorney General;the Minister of National Defence;the Minister of National Revenue;the Minister of Finance;the Minister of Transport;the President of the Queen’s Privy Council for Canada;the Minister of Agriculture and Agri-Food;the Minister of Labour;the Minister of Veterans Affairs;the Associate Minister of National Defence;the Minister of Public Safety and Emergency Preparedness;the Minister of Indian Affairs and Northern Development;the President of the Treasury Board;the Minister of the Environment;the Leader of the Government in the Senate;the Minister of Fisheries and Oceans;the Minister for International Trade;the Minister for International Cooperation;the Minister of Western Economic Diversification;the Member of the Queen’s Privy Council for Canada appointed by Commission under the Great Seal to be the Minister for the purposes of the Atlantic Canada Opportunities Agency Act;the Minister of the Economic Development Agency of Canada for the Regions of Quebec;the Minister of Citizenship and Immigration;the Minister of Natural Resources;the Minister of Industry;the Minister of Foreign Affairs;the Minister of Public Works and Government Services;the Minister of Canadian Heritage;the Minister of Health;the Minister of Human Resources and Skills Development; andthe Minister of Social Development.Salaries of ministers of StateCommencing on January 1, 2001, the annual salary of each minister of State, being a member of the Queen’s Privy Council for Canada, who presides over a ministry of State is equal to the remuneration reference amount referred to in section 54.1 of the Parliament of Canada Act, multiplied by 24 per cent.
R.S., 1985, c. S-3, s. 4;
R.S., 1985, c. 11 (4th Supp.), s. 16, c. 41 (4th Supp.), s. 56;
1989, c. 27, s. 23;
1990, c. 1, s. 32;
1991, c. 3, s. 13;
1992, c. 1, s. 145(F);
1993, c. 12, s. 14;
1994, c. 31, s. 22, c. 38, s. 25, c. 41, s. 36;
1995, c. 1, s. 61, c. 5, s. 24, c. 11, s. 35;
1996, c. 8, s. 31, c. 11, s. 87, c. 16, s. 56;
1998, c. 23, s. 15;
2000, c. 34, s. 94(F);
2001, c. 20, s. 29;
2005, c. 10, s. 34, c. 26, s. 26, c. 34, s. 77, c. 35, s. 65.
Previous VersionSALARIES OF MINISTERS FROM APRIL 1, 2004Prime Minister — fiscal year 2004-2005Despite subsection 4(1), for the fiscal year commencing on April 1, 2004 the Prime Minister’s annual salary is $141,200.Subsequent fiscal yearsDespite subsection 4(1), the Prime Minister’s annual salary for each fiscal year subsequent to March 31, 2005 is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 4.2 for the previous calendar year.Ministers — fiscal year 2004-2005Despite subsection 4(2), for the fiscal year commencing on April 1, 2004 the annual salary of the following ministers, being members of the Queen’s Privy Council for Canada, is $67,800:the Minister of Justice and Attorney General;the Minister of National Defence;the Minister of National Revenue;the Minister of Finance;the Minister of Transport;the President of the Queen’s Privy Council for Canada;the Minister of Agriculture and Agri-Food;the Minister of Labour;the Minister of Veterans Affairs;the Associate Minister of National Defence;the Solicitor General of Canada;the Minister of Indian Affairs and Northern Development;the President of the Treasury Board;the Minister of the Environment;the Leader of the Government in the Senate;the Minister of Fisheries and Oceans;the Minister for International Trade;the Minister of International Cooperation;the Minister of Western Economic Diversification;the Member of the Queen’s Privy Council for Canada appointed by Commission under the Great Seal to be the Minister for the purposes of the Atlantic Canada Opportunities Agency Act;the Minister of the Economic Development Agency of Canada for the Regions of Quebec;the Minister of Citizenship and Immigration;the Minister of Natural Resources;the Minister of Industry;the Minister of Foreign Affairs;the Minister of Public Works and Government Services;the Minister of Canadian Heritage;the Minister of Health;the Minister of Human Resources and Skills Development;the Minister of Social Development; andthe Leader of the Government in the House of Commons.Subsequent fiscal yearsDespite subsection 4(2), the annual salary that shall be paid for each fiscal year subsequent to March 31, 2005 to a minister referred to in subsection (3) is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 4.2 for the previous calendar year.Ministers of State — fiscal year 2004-2005Despite subsection 4(3), for the fiscal year commencing on April 1, 2004 the annual salary of each minister of State, being a member of the Queen’s Privy Council for Canada, who presides over a ministry of State is $67,800.Subsequent fiscal yearsDespite subsection 4(3), the annual salary of a minister of State referred to in subsection (5) for each fiscal year subsequent to March 31, 2005 is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 4.2 for the previous calendar year.
2005, c. 16, ss. 13, 19 to 21.
Previous VersionIndexThe index referred to in subsections 4.1(2), (4) and (6) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Human Resources and Skills Development within three months after the end of that calendar year.
2005, c. 16, ss. 13, 21.
Previous Version[Repealed, 2001, c. 20, s. 29]RELATED PROVISIONS
— R.S., 1985, c. 50 (1st Supp.), ss. 8(1) and (2)Where person ceased to hold office between April 1, 1985 and date of Royal Assent to this ActFor greater certainty, where a person ceased to hold office as lieutenant governor or as judge in the period commencing on April 1, 1985 and ending on the day preceding the day on which this Act is assented to,that person shall be paid the retroactive salary increment resulting from section 3 or 4 in respect of the period commencing on April 1, 1985 and ending on the day on which the person ceased to hold office;in the case of a lieutenant governor, any retroactive salary increment paid to the lieutenant governor pursuant to paragraph (a) shall, for the purposes of subsection 3(2) of the Lieutenant Governors Superannuation Act, be deemed to have been received by that person during the person’s term of office; andin the case of a judge, any annuity granted to or in respect of that judge is increased, as of the day it was granted, to reflect the higher salary annexed to the office held by the judge on the day on which the judge ceased to hold office.Where person deceasedWhere a person to whom a retroactive salary increment or a retroactive pension or annuity increment would be payable as a result of subsection (1) is deceased, that retroactive increment shall be paid as a death benefit to that person’s estate or, if less than one thousand dollars, as may be directed by the Secretary of State of Canada (in the case of a lieutenant governor) or the Minister of Justice (in the case of a judge).
— 2001, c. 20, s. 30Amendments apply to members who make an election and to future membersThe provisions of the Parliament of Canada Act, the Members of Parliament Retiring Allowances Act and the Salaries Act, as amended by this Act, applyto any member of the Senate or the House of Commons who files an election in writing with the Clerk of that House, within 90 days after the day on which this section comes into force, to have them apply to the member; andto any person who becomes a member of the Senate or the House of Commons after the day on which this section comes into force.[Note: Section 30 in force 15 June, 2001, see SI/2001-82.]Failure to electThe provisions amended or repealed by this Act, other than paragraph 80(1)(a) of the Parliament of Canada Act as enacted by section 13, apply to any member who fails to make an election under paragraph (1)(a) as they read immediately before the day on which this section comes into force.[Note: Section 30 in force 15 June, 2001, see SI/2001-82.]Deemed electionA member who dies before making an election under paragraph (1)(a) is deemed to have elected immediately before the member’s death to have the provisions referred to in subsection (1) apply to the member.Election irrevocableAn election under paragraph (1)(a) is irrevocable.AMENDMENTS NOT IN FORCE
— 2004, c. 16, s. 25The Salaries Act is amended by adding the following after section 4:DISABILITY ALLOWANCE AND OTHER BENEFITS FOR FORMER LIEUTENANT GOVERNORSEntitlement to disability allowanceA lieutenant governor who resigns by reason of disability, and who has not contributed under the Lieutenant Governors Superannuation Act in respect of five years of service, may elect to receive an annual disability allowance equal to 70% of his or her annual salary on the date of resignation if, at the time of resignation, he or she is65 years of age or over; andincapable, because of the disability, of performing his or her duties.Entitlement to disability allowanceA former lieutenant governor who is in receipt of long-term disability insurance benefits under the Public Service Management Insurance Plan immediately before reaching the age of 65 years, and who has not contributed under the Lieutenant Governors Superannuation Act in respect of five years of service, is entitled, on becoming 65 years of age, to receive an annual disability allowance equal to 70% of his or her annual salary at the time he or she resigned as lieutenant governor.AdjustmentsThe disability allowance is to be adjusted to take into account changes in the annual salary on which it was based.Duration of allowanceThe disability allowance is to be paid until the earlier ofthe day on which the recipient of the allowance dies, andthe day that is five years after the day on which he or she commenced to hold office as lieutenant governor.ExceptionThis section does not apply to a lieutenant governor who has elected under section 5 of the Lieutenant Governors Superannuation Act not to contribute pursuant to section 4 of that Act.RegulationsThe Governor in Council may make regulations respecting disability allowances, including regulations respectingthe determination of eligibility for disability allowances and medical examinations that are required;elections to receive disability allowances and the revocation of elections; andthe administration and payment of disability allowances.Retroactive regulationsRegulations made under subsection (1) may, if they so provide, be retroactive.