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Order in Council 1724/2016
On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:
whereas the Lieutenant Governor in Council has appointed persons to serve as deputy ministers in the Public Service of Ontario pursuant to various Acts of the Legislature relating to the Ministries of the Government of Ontario;
and whereas subsection 76(2) of the Legislation Act, 2006, S.O. 2006, c. 21 Schedule F, provides that a provision authorizing the Lieutenant Governor in Council to appoint a person to an office authorizes the Lieutenant Governor in Council to determine the remuneration and expenses of the person who is appointed;
and whereas the Lieutenant Governor in Council has appointed a person to serve as Secretary of the Cabinet and has appointed other persons to serve as deputy ministers in the Public Service of Ontario pursuant to the prerogative of Her Majesty the Queen in Right of Ontario to appoint persons to serve her Majesty’s Government of Ontario in the discharge of its executive obligations and responsibilities;
and whereas the Lieutenant Governor in Council finds it necessary to revise remuneration for deputy ministers;
now therefore pursuant to the authorities cited above,
Salary Ranges for Deputy Ministers
- Effective April 1, 2016, the salary range for deputy ministers, other than the Secretary of the Cabinet, is:
Minimum $205,000
Maximum $311,050
2016 Base Salary Adjustments for Deputy Ministers
- Subject to and in accordance with the process set out in paragraph 3) and subject to the exceptions in paragraphs 7) and 8), effective April 1, 2016, a base salary adjustment of 5% and a further base salary adjustment of 1.4%, which adjustments shall not be compounded, shall be applied to the base salary of deputy ministers, other than the Secretary of the Cabinet.
Eligibility for and Calculation and Application of Base Salary Adjustments
- Public servants who are deputy ministers, other than the Secretary of the Cabinet, on April 1, 2016, and who are not at the salary range maximum in effect on April 1, 2016, are eligible to have each base salary adjustment referred to in paragraph 2) calculated and applied, as follows:
- each adjustment amount shall be calculated using the deputy minister’s base salary in effect on March 31, 2016; and
- each resulting adjustment amount shall be applied effective April 1, 2016 to the deputy minister’s base salary, up to but not exceeding the salary range maximum in effect on April 1, 2016. If the application of the adjustment(s) would result in an amount which, when added to the deputy minister’s base salary, would exceed the salary range maximum, only the amount up to the salary range maximum shall be applied to the base salary and there shall be no further payments under paragraph 2).
Salary Range (Including Step Rates) and Ongoing Adjustments
- Effective April 1, 2016, a step rate structure is established for movement within the salary range of deputy ministers other than the Secretary of the Cabinet. The step rate structure will initially have five steps, including an entry step, and on July 1 of each of 2017, 2018 and 2019 the lowest step, other than the entry step, shall be eliminated as illustrated in Schedule 1. The initial step rates are set out below and these step rates and a deputy minister’s base salary shall be adjusted simultaneously with and in an amount and/or percentage corresponding to every salary range adjustment effective after April 1, 2016 applicable to public servants in the Senior Management Group Executive 2, 3 and 4.
Description of Steps Effective April 1, 2016
(Initial Step Rate)Entry Step Rate $205,000 Step Rate A $227,440 Step Rate B $252,460 Step Rate C $280,230 Step Rate D $311,050
Base Salaries Upon Transition to, or Placement in Step Rate Structure
- Notwithstanding any limitation set out in any written policy, procedure or directive and subject to the exceptions in paragraphs 7) and 8) a public servant, other than the Secretary of the Cabinet:
- who was a deputy minister on April 1, 2016 or was first appointed as a deputy minister after April 1, 2016, and on or before November 15, 2016, shall be placed at the step rate (including the entry step rate):
- closest to but not less than the greater of their base salary in effect on April 1, 2016 or their base salary in effect on the date of their appointment; or
- as determined by the Secretary of the Cabinet.
For the purposes of determining the placement within the step rate structure, the base salary is the salary resulting from the implementation of the base salary adjustment(s) under paragraph 2), if applicable. Upon placement into the step rate structure, the step rate shall be payable on the later of April 1, 2016 and the date of appointment. If the deputy minister’s annual base salary is already greater than the highest step rate, the deputy minister’s annual base salary shall remain unchanged until the highest step rate exceeds the deputy minister’s annual base salary, at which time the deputy minister shall be placed at the highest step rate.
- who was first appointed as a deputy minister after April 1, 2016 and on or before November 15, 2016 and whose rate of remuneration as determined by Order in Council is greater than the salary range in effect on March 31, 2016, shall remain at that rate up to and including June 30, 2017. Thereafter, movement to the highest step rate will be determined in accordance with the process set out in Schedule 1.
- who is first appointed as a deputy minister after November 15, 2016 may be placed in the step structure in effect on the date of appointment as illustrated in Schedule 1 at the entry step rate or at a rate other than the entry step rate, as determined by the Secretary of the Cabinet and, if placed at a step rate other than the highest step rate, shall remain at that step rate for twelve months, subject to any adjustments to that step rate during the twelve month period, after which the deputy minister may move to the next higher step rate. Thereafter, movement to the highest step rate will be determined in accordance with the process set out in Schedule 1.
- who was a deputy minister on April 1, 2016 or was first appointed as a deputy minister after April 1, 2016, and on or before November 15, 2016, shall be placed at the step rate (including the entry step rate):
Movement Through Step Rate Structure After Placement
- After the placement into the step rate structure, movement through the step rate structure shall be done in accordance with the process set out in Schedule 1.
Exceptions
- If a deputy minister is on a temporary assignment or leave of absence (other than a leave of absence pending termination of employment with the Crown) on the effective date of a base salary adjustment, then the deputy minister’s eligibility, if any, for a base salary adjustment, shall be determined and the adjustment to the deputy minister’s base salary, if any, shall be made in accordance with the Deputy Minister’s Compensation Plan.
- No adjustment to base salary or payment of an adjustment to base salary shall be made under this Order in Council to any person for service after the effective date of an adjustment where:
- that person ceased employment with the Crown in Right of Ontario on or before the effective date of the adjustment; or
- that person, on the effective date of the adjustment, is on a leave of absence pending termination of employment with the Crown in Right of Ontario except as required to ensure the person does not receive less than their entitlements upon termination under the Employment Standards Act, 2000.
- Despite the salary rates and range set out in paragraph 4), as amended from time to time, the Secretary of the Cabinet may place a deputy minister in a salary range structure applicable to public servants appointed by the Public Service Commission, solely for the purposes of salary ranges and movement within that range shall be determined in accordance with the process applicable to that salary range structure.
Conflict
- In the event of a conflict between this Order in Council and any previous Order in Council of general application relating to salaries, salary ranges, movement within a range, or pay for performance applicable to deputy ministers, this Order in Council prevails.
and further that Schedule 1 of Order in Council O.C. 1032/2009 dated June 3, 2009, and Orders in Council O.C.1624/2012 dated October 25, 2012, O.C. 244/2016 dated February 17, 2016, O.C. 521/2016 dated April 6, 2016, and O.C. 940/2016 dated June 13, 2016 be revoked.
Schedule 1 - Movement Through Step Rate Structure After Placement
Approved and Ordered: November 16, 2016