jswizzle3737/ontario_laws_and_regs huggingface dataset:
Application and interpretation
  1. (1) The compensation framework set out in this Regulation is established for all designated employers and designated executives. (2) Subject to subsection (3), the compensation framework shall be effective with respect to a designated employer as of the date the employer first posts a compensation program on its website under subsection 4 (3). O. Reg. 304/16, s. 1 (2); O. Reg. 187/17, s. 1 (1). (3) The requirement of the compensation framework regarding public consultations, set out in paragraph 7 of section 2, shall be effective as of September 6, 2016. (4) A designated employer shall ensure that the effective date described in subsection (2) that applies to the designated employer is clearly indicated on its website. (5) In this Regulation, “non-executive managers” are employees and office holders who exercise managerial functions and who directly report to one or more designated executives; (“gestionnaires intermédiaires”) “pay year”, in relation to a designated employer, means a period of 365 consecutive days, or if the period includes February 29, 366 consecutive days, in respect of which the employer determines the salary and performance-related pay to be paid to its designated executives. (“année de paie”) O. Reg. 304/16, s. 1 (5); O. Reg. 187/17, s. 1 (2); O. Reg. 400/17, s. 1.
Adjustments to the salary and performance-related pay cap
 3.1 (1) Once per pay year, a designated employer may increase the salary and performance-related pay cap for a designated executive position or class of designated executive positions by a rate that does not exceed the lesser of the following: 1. The average rate of increase in salary and performance-related pay of the designated employer’s non-executive managers for the most recent one-year period in respect of which the employer determined the salary and performance-related pay to be paid to the non-executive managers. 2. The public sector wage settlement trend in Ontario, which may be referred to as the public sector (provincial) wage settlement trend, as set out in the Budget, the Economic Outlook and Fiscal Review or the public documents of the Crown in right of Ontario, the Cabinet, the Treasury Board or the Management Board of Cabinet. O. Reg. 187/17, s. 3. (2) A designated employer shall not increase the salary and performance-related pay cap for a designated executive position or class of designated executive positions within one year after the salary and performance-related pay cap for that position or class of positions is calculated or recalculated under section 3. O. Reg. 187/17, s. 3.
Maximum rate of increase in the salary and performance-related pay envelope
  3.3 (1) A designated employer shall determine, subject to approval under subsection (2), a single maximum rate of increase in the salary and performance-related pay envelope that shall apply to all pay years, by taking into account the following factors and only the following factors: 1. The financial priorities and the compensation priorities of the Government of Ontario, as indicated in the Speech from the Throne, the Budget, the Economic Outlook and Fiscal Review, and the public documents of the Crown in right of Ontario, the Cabinet, the Treasury Board and the Management Board of Cabinet. 2. Recent executive compensation trends in the part of the Canadian public sector and broader public sector that is in the industry within which the designated employer competes for executives. 3. A comparison between the percentage of the designated employer’s operating budget that is used for executive salary and performance-related pay and the percentages of the operating budgets of the designated employer’s comparator organizations under section 3 that are used for executive salary and performance-related pay. 4. The effect on attracting talent to the designated employer’s executive positions, and retaining talent in the designated employer’s executive positions, of the difference between the salary and performance-related pay range for those positions and the salary and performance-related pay ranges for the employees or office holders who directly report to the holders of those positions. 5. Any significant expansion in the operations of the designated employer that is not the result of a significant organizational restructuring. O. Reg. 187/17, s. 3. (2) The minister whose ministry funds, oversees or otherwise usually deals with the designated employer shall approve, in writing, a maximum rate of increase in a salary and performance-related pay envelope unless, in the opinion of the minister, the designated employer failed, in determining the maximum rate of increase in the salary and performance-related pay envelope, to properly apply subsection (1). O. Reg. 187/17, s. 3.
Compensation program
 4. (1) Every designated employer shall have a written executive compensation program setting out the compensation that may be provided to its designated executives. (2) The executive compensation program shall conform to the terms of the compensation framework set out in section 2 and shall include the following information: 1. The salary and performance-related pay cap calculated under section 3 for each designated executive position or class of designated executive positions. 2. The comparator organizations and executive positions used in each salary and performance-related pay cap calculation under section 3, together with an explanation of how the comparator organizations used are comparable to the designated employer with respect to the factors mentioned in subparagraph 1 i of subsection 3 (2), and of how the executive positions used are comparable to the designated executive position or class of designated executive positions. 3. The percentile values that were selected for each calculation under clause 3 (4) (b), (5) (b), (5) (d) or (6) (b), as the case may be. 4. The percentage values that were chosen under clauses 3 (5) (e) and (f) for each calculation. 5. The value of “P” used in the calculation of the salary and performance-related pay envelope under subsection 3.2 (1) for the most recent year in which a salary and performance-related pay cap was calculated or recalculated under section 3 for one or more designated executive positions or classes of designated executive positions. 6. The maximum rate of increase in the salary and performance-related pay envelope, as determined under section 3.3. 7. A description of any other element of compensation available to designated executives that is not generally provided, in the same manner and relative amount, to non-executive managers, and the reasons why the element is required. 8. A description of the designated employer’s compensation philosophy, including details regarding, i. how the compensation program supports the designated employer’s strategic objectives, and ii. what the compensation program, including its approach to performance-related pay, is designed to reward. O. Reg. 187/17, s. 4 (1); O. Reg. 400/17, s. 3. (3) The executive compensation program shall be posted on the designated employer’s website, and shall indicate the date on which it was posted. (4) The designated employer shall update its executive compensation program in accordance with subsection (2) and post the updated compensation program in accordance with subsection (3) if, (a) a salary and performance-related pay cap is recalculated under section 3 for one or more designated executive positions or classes of designated executive positions; or (b) the designated employer provides a designated executive with any additional element of compensation, as allowed under paragraph 5 of section 2. O. Reg. 187/17, s. 4 (2).
Review
 4.1 (1) The Minister shall complete a review of this Regulation no later than June 7, 2019. O. Reg. 400/17, s. 4. (2) The review shall evaluate the effectiveness of this Regulation in furthering the purpose of the Act. O. Reg. 400/17, s. 4.
Transition
  5. (1) If a designated employer posted an executive compensation program under subsection 4 (3) before the date this section came into force, this regulation, as it read immediately before the date this section came into force, continues to apply, instead of this regulation as it reads after the date this section came into force, to that employer until the employer posts an executive compensation program under section 4 as it reads after the date this section came into force. O. Reg. 187/17, s. 5. (2) Despite subsection (1), a designated employer may not do anything under this regulation, as it read immediately before the date this section came into force, that would require the employer to update its executive compensation plan under section 4, as it read immediately before the date this section came into force. O. Reg. 187/17, s. 5.