Section 1 (1) BEFORE amended by 2006-24-1, effective May 18, 2006 (Royal Assent).
(1) In this Act, "operating expenses" means operating expenses accounted for in the consolidated revenue fund.
Section 1 (1) definition of "revenue minister" was added by 2009-04-1, effective April 1, 2008 [retro from March 12, 2009 (Royal Assent)].
Section 1 (1) definition of "revenue minister" BEFORE repealed by 2010-5-163, effective February 15, 2011.
"revenue minister" means the member of the Executive Council who is charged by order of the Lieutenant Governor in Council with the administration of the Income Tax Act.
Section 2 BEFORE amended by 2006-24-2, effective May 18, 2006 (Royal Assent).
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.
Section 2.1 BEFORE repealed by 2009-2-2 per 2009-2-7 as amended by 2009-14-8, effective April 1, 2013.
Section 3 (1) BEFORE amended by 2007-23-17, effective April 1, 2007 [retro from May 31, 2007 (Royal Assent)].
(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%.
Section 3 BEFORE amended by 2022-11-2, effective April 1, 2021 [retro from June 2, 2022 (Royal Assent)].
Salary holdback
3 (1) The salary otherwise payable under section 4 of the Members' Remuneration and Pensions 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.
Section 4 BEFORE amended by 2006-24-3, effective May 18, 2006 (Royal Assent).
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.
Section 4 BEFORE repealed by 2022-11-3, effective April 1, 2021 [retro from June 2, 2022 (Royal Assent)].
Payment of 1/2 of holdback for achieving collective responsibilities
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, if,
(a) 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
(b) in any case other than described in paragraph (a), there is not a deficit.
Section 5 (3) BEFORE amended by 2003-3-1, effective March 12, 2003 (Royal Assent).
(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.
Section 5 (1.1) was added by 2004-14-1, effective February 17, 2004 [retro from April 29, 2004 (Royal Assent)].
Section 5 BEFORE amended by 2006-24-4, effective May 18, 2006 (Royal Assent).
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.
(1.1) For the purposes of calculating the estimated and actual amounts of operating expenses under subsection (1) for the 2004/2005 fiscal year and each subsequent fiscal year, expenditures out of the BC Timber Sales Account are not to be taken into account.
(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 on the day after the applicable information is made public under section 6 (3) 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.
Section 5 (1) BEFORE amended by 2009-04-2(a), effective April 1, 2008 [retro from March 12, 2009 (Royal Assent)].
(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 a minister with portfolio responsible for operating expenses, other than operating expenses referred to in subsection (2), 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, subject to any revision under section 6 (1.1).
Section 5 (2) BEFORE amended by 2009-04-2(b), effective April 1, 2008 [retro from March 12, 2009 (Royal Assent)].
(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 the minister with portfolio responsible for operating expenses of the Ministry of Small Business and 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.
Section 5 (1) and (1.1) BEFORE amended by 2009-14-2, effective April 1, 2009 [retro from October 29, 2009].
(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 a minister with portfolio responsible for operating expenses, 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, subject to subsection (2) and any revision under section 6 (1.1).
(1.1) For the purposes of calculating the estimated and actual amounts of operating expenses under subsection (1) for each fiscal year, expenditures out of the BC Timber Sales Account are not to be taken into account.
Section 5 (1), (2), (3) and (4) BEFORE amended by 2010-5-164, effective February 15, 2011.
(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 a minister with portfolio responsible for operating expenses authorized by a vote, 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, subject to subsection (2) and any revision under section 6 (1.1) or (1.2).
(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 the revenue minister, becomes due and payable to that member on the next day after the public accounts for that fiscal year are made public, if
(a) the actual revenue from sources specified by regulation of Treasury Board is not less than an amount specified by regulation of Treasury Board, and
(b) any other conditions under this section applicable to that member during the period are satisfied for the fiscal year.
(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 on the day after the applicable information is made public under section 6 (3) 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) As an additional condition, if during any period in a fiscal year
(a) a member of the Executive Council held more than one portfolio, or
(b) a member of the Executive Council had responsibilities under subsection (3) transferred to the member by regulation under section 9 (2) (b),
no part of the salary reduction under section 3 in relation to that period becomes due and payable to the member unless all conditions under subsections (1) to (3) applicable to that member during the period are satisfied for the fiscal year.
Section 5 (1) BEFORE amended by 2011-9-1, effective June 2, 2011 (Royal Assent).
(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 a minister with portfolio responsible for operating expenses authorized by a vote, 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, subject to any revision under section 6 (1.1) or (1.2).
Section 5 (1) and (3) BEFORE amended by 2022-11-4, effective April 1, 2021 [retro from June 2, 2022 (Royal Assent)].
(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 a minister with portfolio responsible for operating expenses authorized by a vote, 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, subject to any revision under section 6 (1.1), (1.2) or (1.3).
(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) of this section, becomes due and payable to that member of the Executive Council on the day after the applicable information is made public under section 6 (3) 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.
Section 6 BEFORE amended by 2003-3-2, effective March 12, 2003 (Royal Assent).
Making public a comparison of expected and actual results
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.
Section 6 (2) (d) BEFORE amended by 2006-24-5(b), effective May 18, 2006 (Royal Assent).
(d) the related information required under subsection (1) of this section.
Section 6 (3) (b) BEFORE amended by 2006-24-5(c), effective May 18, 2006 (Royal Assent).
(b) the related information required under subsection (1) of this section.
Section 6 (1) (b) BEFORE amended by 2010-5-165, effective February 15, 2011.
(b) the amount specified referred to in section 5 (2);
Section 6 (2) (c) BEFORE amended by 2010-5-165, effective February 15, 2011.
(c) the actual revenue referred to in section 5 (2);
Section 6 (2) (a) BEFORE repealed by 2022-11-5, effective April 1, 2021 [retro from June 2, 2022 (Royal Assent)].
Section 7 (1) BEFORE amended by 2010-5-166, effective February 15, 2011.
(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.
Section 7 BEFORE amended by 2022-11-6, effective April 1, 2021 [retro from June 2, 2022 (Royal Assent)].
Calculation of deficit or surplus, and operating expenses
7 (1) For the purpose of sections 4 to 6 and 8, the deficit or surplus, and operating expenses, 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.
Section 8 (2) (b) BEFORE amended by 2010-5-166, effective February 15, 2011.
(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.
Section 8 BEFORE re-enacted by 2020-18-89, effective August 14, 2020 (Royal Assent).
Application of Act in relation to general elections
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 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 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.
Section 8 (3) and (4) BEFORE amended by 2022-11-7, effective April 1, 2021 [retro from June 2, 2022 (Royal Assent)].
(3) Subject to subsection (4), 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 new Premier's appointment date,
(a) the references in sections 4 to 6 to the public accounts for a fiscal year must be read as references to
(i) those public accounts for that fiscal year if the public accounts are made public before the new Premier's appointment date, or
(ii) if subparagraph (i) does not apply, the most recent quarterly report for that fiscal year made public before the new Premier's appointment date, and
(b) the amount for a fiscal year of a deficit or surplus and operating expenses must be determined,
(i) if paragraph (a) (i) applies, by reference to the public accounts, or
(ii) if paragraph (a) (ii) applies, by reference to the forecast of deficit or surplus and operating expenses contained in the quarterly report.
(4) Despite sections 3 (2), 4 and 5, if a quarterly report in respect of a fiscal year is not made public before the new Premier's appointment date, a reduction in salary under section 3, for the fiscal year, of a member of the Executive Council appointed to that office before the new Premier's appointment date is to be restored in full and is due and payable to the member on that date.