Province Introduces Changes to Government Organization, Administration

Changes to improve how the public service is structured and how it operates, were introduced in legislation today, February 18, by Premier Tim Houston.

Amendments to the Executive Council Act and the Public Service Act reflect changes made over the past several months, including creating the departments of Energy and Cyber Security and Digital Solutions and adding their ministers to the Executive Council, updating deputy minister assignments and merging departmental functions as a result of recent restructuring.

Another amendment to the Public Service Act will create greater efficiency across the government by clarifying when cabinet approval is required for the Province to enter into agreements with other governments and entities.

A change to the Civil Service Act will clarify dismissal where reasonable compensation is paid based on years of service.

A change to the Elections Act will repeal fixed election dates.

Further amendments to the Executive Council Act will establish pay for ministerial assistants, to be determined using the same process as that for members of the legislative assembly (MLAs).

Amendments to the House of Assembly Act incorporate new baseline levels of compensation recently set by the independent MLA Remuneration Review Panel for:

• MLAs
• members of the Executive Council
• premier
• speaker
• leaders of recognized parties
• ministerial assistants.

Members may opt out of receiving the increase. Amendments will also restrict leaders of opposition and other recognized parties from receiving additional pay for holding additional positions such as house leader of a recognized party, whip or caucus chair.

Amendments to the Members’ Retiring Allowances Act will calculate pensionable earnings for MLAs based on all forms of compensation, not just their base salaries.

Amendments to the Auditor General Act will establish a two-week minimum timeline for the auditor general to submit an audit report to government before releasing it to the public. This forms part of a clear process to be followed when a report by the auditor general may include privileged or confidential information. The attorney general will be able to order the protection of information subject to solicitor client privilege, litigation privilege, settlement privilege or public interest immunity. The act further establishes a process for filing a report confidentially with the Speaker of the House.

Amendments will also repeal the requirement for the auditor general to review and provide an opinion on the revenue estimates used in the budget address of the minister of Finance and Treasury Board. The amendments also clarify the government may dismiss the auditor general with the agreement of two-thirds majority of the House of Assembly, regardless of cause or incapacity.

Amendments to the Freedom of Information and Protection of Privacy Act (FOIPOP) address long-standing inefficiencies while awaiting the outcome of comprehensive review of the entire Act.

The amendments give the Province the ability to more efficiently process FOIPOP requests as applications that are frivolous and vexatious, or with undetermined scope, can create an unreasonable administrative burden on staff that impacts the timely processing of other requests for information.

Amendments to the Private Ways Act will modernize a century old law by transferring the government’s power to settle private woodland disputes to the courts.

The majority of the changes will become effective upon royal assent. Amendments to the Civil Service Act and the changes for entering into agreements under the Public Service Act will become effective upon proclamation.