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Salaries Act (R.S.C., 1985, c. S-3)

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Act current to 2021-04-05 and last amended on 2019-07-15. Previous Versions

Salaries Act

R.S.C., 1985, c. S-3

An Act respecting the salaries of certain public officials

Short Title

Marginal note:Short title

 This Act may be cited as the Salaries Act.

  • R.S., c. S-2, s. 1

 [Repealed, 2012, c. 19, s. 468]

 [Repealed, 2012, c. 19, s. 468]

PART 1Salaries

Consolidated Revenue Fund

Marginal note:Salaries 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 Governors

Marginal note:Salaries of lieutenant governors from April 1, 1985 to December 31, 1985

  •  (1) The salary of the lieutenant governor of each province for the period from April 1, 1985 to December 31, 1985 is $69,000 per annum.

  • Marginal note:Base for 1986 indexation

    (1.1) For 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.

  • Marginal note:Annual adjustment of salary

    (2) For 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 of

    • (a) the percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year, and

    • (b) one hundred and seven per cent.

  • Marginal note:Meaning of certain expressions

    (3) For the purposes of subsection (2),

    • (a) in relation to any calendar year in respect of which the salary is to be determined,

      • (i) 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, and

      • (ii) the “second adjustment year” is the twelve month period immediately preceding the first adjustment year; and

    • (b) the “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.

  • Marginal note:Rounding of amounts

    (4) A 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.

  • Marginal note:Salary for 1993, 1994, 1995 and 1996

    (5) Notwithstanding 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.

  • Marginal note:Base for 1997 calculation

    (6) For 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, 2004

Marginal note:Prime Minister’s annual salary

  •  (1) Commencing 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.

  • Marginal note:Salaries of ministers

    (2) Commencing 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:

    • (a) the Minister of Justice and Attorney General;

    • (b) the Minister of National Defence;

    • (c) the Minister of National Revenue;

    • (d) the Minister of Finance;

    • (e) the Minister of Transport;

    • (f) the President of the Queen’s Privy Council for Canada;

    • (g) the Minister of Agriculture and Agri-Food;

    • (h) the Minister of Labour;

    • (i) the Minister of Veterans Affairs;

    • (j) the Associate Minister of National Defence;

    • (k) the Minister of Public Safety and Emergency Preparedness;

    • (l) the Minister of Indian Affairs and Northern Development;

    • (m) the President of the Treasury Board;

    • (n) the Minister of the Environment;

    • (o) the Leader of the Government in the Senate;

    • (p) the Minister of Fisheries and Oceans;

    • (q) the Minister for International Trade;

    • (r) the Minister for International Development;

    • (s) the Minister of Western Economic Diversification;

    • (t) 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;

    • (t.1) the Minister of the Economic Development Agency of Canada for the Regions of Quebec;

    • (u) the Minister of Citizenship and Immigration;

    • (v) the Minister of Natural Resources;

    • (w) the Minister of Industry;

    • (x) the Minister of Foreign Affairs;

    • (y) the Minister of Public Works and Government Services;

    • (z) the Minister of Canadian Heritage;

    • (z.1) the Minister of Health;

    • (z.2) the Minister of Human Resources and Skills Development.

    • (z.3) [Repealed, 2012, c. 19, s. 690]

  • Marginal note:Salaries of ministers of State

    (3) Commencing 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
  • 2012, c. 19, s. 690
  • 2013, c. 33, s. 196

Salaries of Ministers from April 1, 2004

Marginal note:Prime Minister — fiscal year 2004-2005

  •  (1) Despite subsection 4(1), for the fiscal year commencing on April 1, 2004 the Prime Minister’s annual salary is $141,200.

  • Marginal note:Subsequent fiscal years

    (2) Despite 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.

  • Marginal note:Ministers — fiscal year 2004-2005

    (3) Despite 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:

    • (a) the Minister of Justice and Attorney General;

    • (b) the Minister of National Defence;

    • (c) the Minister of National Revenue;

    • (d) the Minister of Finance;

    • (e) the Minister of Transport;

    • (f) the President of the Queen’s Privy Council for Canada;

    • (g) the Minister of Agriculture and Agri-Food;

    • (h) the Minister of Labour;

    • (i) the Minister of Veterans Affairs;

    • (j) the Associate Minister of National Defence;

    • (k) the Minister of Public Safety and Emergency Preparedness;

    • (l) [Repealed, 2019, c. 29, s. 362]

    • (m) the President of the Treasury Board;

    • (n) the Minister of the Environment;

    • (o) the Leader of the Government in the Senate;

    • (p) the Minister of Fisheries and Oceans;

    • (q) the Minister for International Trade;

    • (r) the Minister for International Development;

    • (s) to (t.4) [Repealed, 2018, c. 18, s. 2]

    • (u) the Minister of Citizenship and Immigration;

    • (v) the Minister of Natural Resources;

    • (w) the Minister of Industry;

    • (x) the Minister of Foreign Affairs;

    • (y) the Minister of Public Works and Government Services;

    • (z) the Minister of Canadian Heritage;

    • (z.1) the Minister of Health;

    • (z.2) the Minister of Employment and Social Development;

    • (z.21) the Minister of Infrastructure and Communities;

    • (z.22) the Minister for Women and Gender Equality;

    • (z.23) the Minister of Crown-Indigenous Relations;

    • (z.24) the Minister of Northern Affairs;

    • (z.25) the Minister of Indigenous Services;

    • (z.3) the Leader of the Government in the House of Commons;

    • (z.4) the Minister of La Francophonie;

    • (z.5) the Minister of Science;

    • (z.6) the Minister of Small Business and Tourism;

    • (z.7) the Minister of Sport and Persons with Disabilities; and

    • (z.8) [Repealed, 2018, c. 27, s. 672]

    • (z.9) three additional ministers appointed by commission under the Great Seal.

  • Marginal note:Subsequent fiscal years

    (4) Despite 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.

  • Marginal note:Ministers of State — fiscal year 2004-2005

    (5) Despite 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.

  • Marginal note:Subsequent fiscal years

    (6) Despite 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
  • 2012, c. 19, s. 691
  • 2013, c. 33, ss. 196, 226, c. 40, s. 215
  • 2018, c. 18, s. 2, c. 27, s. 672
  • 2019, c. 29, s. 362

Marginal note:Index

 The 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 Employment and Social Development within three months after the end of that calendar year.

  • 2005, c. 16, ss. 13, 21
  • 2013, c. 40, s. 216

PART 2Support for Ministers Referred to in Paragraphs 4.1(3)(z.4) to (z.9)

Marginal note:Power to designate department

  •  (1) The Governor in Council may, by order, designate a department to provide support to a minister referred to in any of paragraphs 4.1(3)(z.4) to (z.9) in the carrying out of his or her responsibilities.

  • Marginal note:Designated department

    (2) A minister in respect of whom a department is designated under subsection (1)

    • (a) may use the services and facilities of that department; and

    • (b) may delegate to officers or employees of that department any of the minister’s powers, duties or functions.

  • Marginal note:Particular responsibilities

    (3) The Governor in Council may, by order, designate a department to provide support to a minister referred to in any of paragraphs 4.1(3)(z.4) to (z.9) in the carrying out of the particular responsibilities that are specified in the order.

  • Marginal note:Designated department — particular responsibilities

    (4) A minister in respect of whom a department is designated under subsection (3)

    • (a) must use the services and facilities of that department when carrying out the particular responsibilities that are specified in the order; and

    • (b) may delegate to officers or employees of that department any of the minister’s powers, duties or functions that are related to those particular responsibilities.

  • Marginal note:Financial Administration Act

    (5) The appropriate Minister for a department that is designated under subsection (1) or (3) may delegate, to a minister in respect of whom that department is designated, any of the appropriate Minister’s powers, duties or functions referred to in sections 33 and 34, subsections 155(1) and (4) and sections 155.1 and 155.2 of the Financial Administration Act or the power to write off debts in accordance with regulations made under subsection 25(1) of that Act.

  • Marginal note:Department of Public Works and Government Services Act

    (6) If the Minister of Public Works and Government Services delegates, under subsection 8(1) of the Department of Public Works and Government Services Act, any of the Minister’s powers, duties or functions under that Act to the appropriate Minister for a department that is designated under subsection (1) or (3), that appropriate Minister may subdelegate to a minister in respect of whom that department is designated any of the powers, duties or functions that were delegated to that appropriate Minister under that subsection 8(1).

  • Marginal note:Definitions

    (7) The following definitions apply in this section.

    appropriate Minister

    appropriate Minister has the same meaning as in section 2 of the Financial Administration Act. (ministre compétent)

    department

    department means a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act and a corporation named in Schedule II to that Act. (ministère)

  • R.S., 1985, c. S-3, s. 5
  • 1993, c. 12, s. 15
  • 1998, c. 23, s. 16
  • 2001, c. 20, s. 29
  • 2018, c. 18, s. 3

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 Act
      • 8 (1) For 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,

        • (a) 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;

        • (b) 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; and

        • (c) in 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 deceased

        (2) Where 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. 30

    • Amendments apply to members who make an election and to future members
      • Footnote *30 (1) The provisions of the Parliament of Canada Act, the Members of Parliament Retiring Allowances Act and the Salaries Act, as amended by this Act, apply

        • (a) to 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; and

        • (b) to any person who becomes a member of the Senate or the House of Commons after the day on which this section comes into force.

      • Failure to elect

        Footnote *(2) The 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.

      • Deemed election

        (3) A 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 irrevocable

        (4) An election under paragraph (1)(a) is irrevocable.

  • — 2018, c. 18, s. 4

    • Transfer of powers, duties or functions

      4 If, under any Act of Parliament, any instrument made under an Act of Parliament or any order, contract, lease, licence or other document, any power, duty or function is vested in or may be exercised or performed by the Minister of Infrastructure, Communities and Intergovernmental Affairs, that power, duty or function is vested in or may be exercised or performed by the Minister of Infrastructure and Communities.

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