Bill 118 explained in plain English
Performance Pay and Bonuses in the Public Sector Act (Management and Excluded Employees), 2012
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 40th Parliament, 1st Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
The Performance Pay and Bonuses in the Public Sector Act (Management and Excluded Employees), 2012, prevents new or renewed employment contracts for certain public sector management and excluded employees from authorizing performance pay or bonuses between its commencement date and January 1, 2015.
This Ontario bill, the Performance Pay and Bonuses in the Public Sector Act (Management and Excluded Employees), 2012, aims to restrict performance pay and bonuses for certain management and excluded employees in the public sector. It specifies that employment contracts for these individuals, entered into or renewed between the day the Act comes into force and January 1, 2015, cannot authorize performance pay or bonuses for work done during that period. The Act also amends the Broader Public Sector Accountability Act, 2010. It applies to a wide range of public sector employers and excludes employees represented by specific bargaining organizations. The measures in this Act take precedence over conflicting employment contracts and other laws, with certain exceptions related to human rights and pay equity.
- Prohibits employment contracts for certain public sector management and excluded employees from authorizing performance pay or bonuses for work performed between the Act's commencement date and January 1, 2015.
- Defines the period during which these restrictions on performance pay and bonuses apply.
- Specifies which public sector employers are covered by the Act.
- Identifies which employees are considered 'management or excluded employees' and are therefore subject to the Act's restrictions.
- Amends the Broader Public Sector Accountability Act, 2010, by modifying sections related to enforcement and accountability.
- States that this Act takes precedence over conflicting employment contracts and other laws, with specific exceptions.
- Allows for regulations to be made regarding matters permitted or required by the Act.
- Public sector employers in Ontario (including Crown agencies, boards, commissions, corporations, universities, colleges, hospitals, and others meeting specific funding criteria).
- Management and excluded employees employed by these public sector employers.
- Employees who are not represented by specific bargaining organizations for collective bargaining purposes related to compensation.
- Public sector employers are restricted from authorizing performance pay or bonuses in new or renewed employment contracts for management and excluded employees for work performed during the specified period.
- Management and excluded employees may not receive performance pay or bonuses under new or renewed contracts for work done during the specified period, as such provisions would be inoperative.
- The Act does not reduce any rights or entitlements under the Human Rights Code or the Pay Equity Act.
- The Act does not reduce any rights or entitlements provided under sections 42 or 44 of the Employment Standards Act, 2000.
- The Act does not prevent the application of the insurance plan under the Workplace Safety and Insurance Act, 1997, to individuals who were not covered by it on the day the Act receives Royal Assent.
- The Act comes into force on the day it receives Royal Assent.
- The period of restriction for performance pay and bonuses begins on the day the Act comes into force and ends on January 1, 2015.
- If an employer covered by this Act is also covered by the Broader Public Sector Accountability Act, 2010, then Part VII (Enforcement Provisions) of that Act applies to actions governed by this Act.
- The specific regulations that may be made by the Lieutenant Governor in Council are not detailed in the provided text.
- The list of 'other prescribed organizations' that are considered public sector employers or 'other prescribed categories of employees' that are excluded from the Act is not specified in the provided text.
- The exact commencement date (day of Royal Assent) is not provided in the text.
Modifies subsection 7.8 (1) by removing the phrase 'Subject to subsection (3)' and repeals subsection 7.8 (3). This may change how certain enforcement provisions are applied.
Source: Section 7
Employment contracts entered into or renewed between the Act's commencement date and January 1, 2015, cannot authorize performance pay or bonuses for work done during this period. If employment terms are not in a contract, changes to these terms are treated as renewals for the purposes of this Act.
Source: Section 1
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
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Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced