2001 Legislative Session: 2nd Session, 37th Parliament
THIRD READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 13th day of August, 2001
Ian D. Izard, Law Clerk
HONOURABLE GARY COLLINS
MINISTER OF FINANCE
Contents
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 (1) In this Act, "operating expenses" means operating expenses accounted for in the consolidated revenue fund.
(2) In this Act, words and expressions have the same meanings as in the Budget Transparency and Accountability Act.
2 The main estimates for the 2004/2005 fiscal year or for any subsequent fiscal year must not contain a forecast of a deficit for that fiscal year.
3 (1) The salary otherwise payable under section 4 (6) to (8) of the Legislative Assembly Allowances and Pension Act to each member of the Executive Council must be reduced by 20 %.
(2) A reduction in salary, under this section, of a member of the Executive Council is to be restored, in full or in part, to the member as provided in, and subject to, sections 4 and 5.
4 Half of the 20% reduction in salary under section 3, for a fiscal year, becomes due and payable to a member of the Executive Council on the next day after the public accounts for that fiscal year are made public, in the case
(a) of the fiscal year 2002/2003 or 2003/2004 if, in the main estimates for that fiscal year,
(i) a surplus was estimated and there is a surplus of at least 50% of the amount estimated,
(ii) a deficit was estimated and there is either a deficit of no more than the amount estimated or there is not a deficit, or
(iii) neither a surplus nor a deficit was estimated and there is not a deficit, or
(b) of the fiscal year 2004/2005 or a subsequent fiscal year,
(i) if, in the main estimates for that fiscal year, a surplus was estimated and there is a surplus of at least 50% of the amount estimated, or
(ii) in any case other than described in subparagraph (i), if there is not a deficit.
5 (1) Half of the 20% reduction in salary under section 3, for any period in a fiscal year when a member of the Executive Council was responsible for operating expenses other than of the Ministry of Provincial Revenue, becomes due and payable to that member on the next day after the public accounts for that fiscal year are made public, if the actual amount of those operating expenses does not exceed the estimated amount of those operating expenses for that fiscal year in the main estimates.
(2) Half of the 20% reduction in salary under section 3, for any period in a fiscal year when a member of the Executive Council was responsible for operating expenses of the Ministry of Provincial Revenue, becomes due and payable to that member on the next day after the public accounts for that fiscal year are made public, if the actual revenue from sources specified by regulation of Treasury Board is not less than an amount specified by regulation of Treasury Board.
(3) Half of the 20% reduction in salary under section 3, for any period in a fiscal year when a member of the Executive Council was without responsibilities referred to in subsection (1) or (2) of this section, becomes due and payable to that member of the Executive Council for expected results that are specified by regulation of Treasury Board, if the actual results for that fiscal year are the same or better than those expected results.
(4) If a member of the Executive Council, during the same period, had both the responsibilities referred to in subsection (1) of this section and those referred to in subsection (2) of this section, no part of the reduction in salary under section 3, in relation to those responsibilities, becomes due and payable to the member unless the conditions under both of those subsections are satisfied.
6 (1) For a fiscal year, the "estimated amount" referred to in section 5 (1), the "amount specified" referred to in section 5 (2) and the "expected results" referred to in section 5 (3) must be made public with the main estimates for that fiscal year.
(2) For a fiscal year, the actual surplus or deficit under section 4, the "actual amount of those operating expenses" referred to in section 5 (1), the "actual revenue" referred to in section 5 (2) and the "actual results" referred to in section 5 (3) must be made public, together with the information required under section 6 (1), with the public accounts for that fiscal year.
(3) The "actual results" referred to in section 5 (3) may be included in the applicable annual service plan report under section 16 of the Budget Transparency and Accountability Act.
7 (1) For the purpose of sections 4 to 6 and 8, the deficit or surplus, and operating expenses and revenue, for a fiscal year must be determined and made public on the basis of
(a) the government reporting entity used in the preparation of the main estimates for the fiscal year, and
(b) the accounting policies and practices used in those estimates.
(2) Subsection (1) of this section applies even if there is a change referred to in section 11 (1) (a) [change to government reporting entity], or section 11 (2) (a) [change in accounting policies and practices] of the Budget Transparency and Accountability Act.
8 (1) If there is a general election and the political party forming the government after the election is different from the political party that formed the government at the time of the election, this section applies.
(2) For the purpose of ascertaining the payment due and payable under sections 4 and 5 to a member of the Executive Council appointed to that office before the date of the post-election appointment of a new Executive Council,
(a) the reference in sections 4 to 6 to the public accounts for a fiscal year must be read as a reference to those public accounts or a quarterly report for that fiscal year, whichever is first made public after that date, and
(b) the amount for a fiscal year of a deficit or surplus and operating expenses and revenue must be determined
(i) if the public accounts are made public before a quarterly report, by reference to the public accounts, or
(ii) if a quarterly report is made public before the public accounts, by reference to the forecast of surplus or deficit and operating expenses and revenue contained in the quarterly report.
(3) Section 3 does not apply to a member of the Executive Council appointed to that office on or after the date of the post-election appointment of a new Executive Council until the earlier of the following dates:
(a) the date after the election on which main estimates for the fiscal year in which the election was held are tabled in the Legislative Assembly;
(b) the beginning of the next fiscal year after the election.
9 (1) The Treasury Board may make regulations for the purposes of section 5 (2) and (3).
(2) A regulation referred to in section 5 (3) may prescribe differently for different members or classes of members of the Executive Council.
10 The Balanced Budget Act, S.B.C. 2000, c. 21, is repealed.
11 Sections 1 to 9 come into force on April 1, 2002.
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