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 6. (1) If a designated employer did not post an executive compensation program under subsection 4 (3) before the date section 5 came into force and posts an executive compensation program on or before February 28, 2018, the designated employer may, before the day the designated employer posts the executive compensation program, select a date for the purposes of this section. O. Reg. 400/17, s. 5. (2) The selected date shall be a date during the period that begins on September 1, 2017 and ends on or before February 28, 2018. O. Reg. 400/17, s. 5. (3) Subject to subsection (2), the selected date may be a date earlier than the day the designated employer posts the executive compensation program. O. Reg. 400/17, s. 5. (4) If the selected date is in the pay year immediately preceding the pay year in which the executive compensation program is posted, all of the following rules apply: 1. A notional salary and performance-related pay envelope shall be determined for the pay year immediately preceding the pay year in which the executive compensation program is posted, as if it were determined under section 3.2 on the selected date. 2. A notional prorated increase is determined as follows: (EN − PN) × (DN
÷ YN) in which, “EN” is the notional salary and performance-related pay envelope, “PN” is the value for item “P” in subsection 3.2 (1) used in the determination of the notional salary and performance-related pay envelope, “DN” is the number of days in the period that begins on the selected date and ends on the last day of the pay year immediately preceding the pay year in which the executive compensation program is posted, and “YN” is the number of days in the pay year immediately preceding the pay year in which the executive compensation program is posted. 3. The designated employer may pay its designated executives additional pay for the pay year immediately preceding the pay year in which the executive compensation program is posted, up to the notional prorated increase. 4. The salary and performance-related pay envelope for the pay year in which the executive compensation program is posted is determined under section 3.2 but the value of item “P” in subsection 3.2 (1) is determined as follows: PN + NPI in which, “PN” is the value for item “P” in subsection 3.2 (1) used in the determination of the notional salary and performance-related pay envelope, and “NPI” is the notional prorated increase. 5. A current prorated increase is determined as follows: (E − PN) × (D ÷ Y) in which, “E” is the salary and performance-related pay envelope for the pay year in which the executive compensation program is posted, “PN” is the value for item “P” in subsection 3.2 (1) used in the determination of the notional salary and performance-related pay envelope, “D” is the number of days in the period that begins on the first day of the pay year in which the executive compensation program is posted and ends on the day the executive compensation program is posted, and “Y” is the number of days in the pay year in which the executive compensation program is posted. 6. The designated employer may pay its designated executives additional pay for the pay year in which the executive compensation program is posted, up to the current prorated increase. 7. The additional pay paid under paragraph 6 counts towards the maximum amount of salary and performance-related pay that the designated employer may pay for that pay year. 8. Despite anything to the contrary in subsection 3.2 (2), the designated employer may, i. less than one year after the selected date, determine the salary and performance-related pay envelope for the pay year in which the executive compensation program is posted, and ii. as early as the first day of the pay year following the pay year referred to in subparagraph i, determine the salary and performance-related pay envelope for the pay year following the pay year referred to in subparagraph i. 9. The designated employer shall include the following information in its executive compensation program instead of the information required by paragraph 5 of subsection 4 (2): i. The value of item “P” in subsection 3.2 (1) used in the determination of the notional salary and performance-related pay envelope. ii. The pay year in respect of which the value of item “P” referred to in subparagraph i was determined. O. Reg. 400/17, s. 5. (5) If the selected date is in the same pay year as the pay year in which the executive compensation program is posted, all of the following rules apply: 1. A notional salary and performance-related pay envelope shall be determined for the pay year in which the executive compensation program is posted, as if it were determined under section 3.2 on the selected date. 2. A notional prorated increase is determined as follows: (EN − PN) × (DN
÷ YN) in which, “EN” is the notional salary and performance-related pay envelope, “PN” is the value for item “P” in subsection 3.2 (1) used in the determination of the notional salary and performance-related pay envelope, “DN” is the number of days in the period that begins on the selected date and ends on the last day of the pay year in which the executive compensation program is posted, and “YN” is the number of days in the pay year in which the executive compensation program is posted. 3. The salary and performance-related pay envelope for the pay year in which the executive compensation program is posted is not determined under section 3.2 but is determined as follows: PN + NPI in which, “PN” is the value for item “P” in subsection 3.2 (1) used in the determination of the notional salary and performance-related pay envelope, and “NPI” is the notional prorated increase. 4. Despite subsection 3.2 (2), the designated employer may, as early as the first day of the pay year following the pay year referred to in paragraph 3, determine the salary and performance-related pay envelope for the pay year following the pay year referred to in paragraph 3. O. Reg. 400/17, s. 5.  Français