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CHAPTER 11

OF THE

ACTS OF 1994


NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act Respecting
Compensation in the Public Sector

Short title

1 This Act may be cited as the Public Sector Compensation (1994-97) Act. 1994, c. 11, s. 1.

Interpretation

2 In this Act,

(a) "Administrator" means the Administrator appointed pursuant to this Act;

(b) "annual pay" means the total annual pay for regular hours of work as determined by the applicable compensation plan and, for greater certainty, excludes overtime;

(c) "Board" means the Board established pursuant to this Act;

(d) "collective agreement" means

(e) "compensation plan" means a collective agreement, contract of employment or terms of employment;

(f) "employee" means a person who performs duties and functions that entitle that person to pay on a regular basis but does not include a consultant or independent contractor;

(g) "employer" means the employer or the person, association or entity in the position of the employer, and includes a person, association or entity providing pay to an employee;

(h) "municipality" means a municipality as defined by the Municipal Affairs Act;

(i) "pay" means salary, wages, stipends, honoraria, bonuses and commissions;

(j) "pay rates" means single rates of pay or ranges of rates of pay or, where no such rates or ranges exist, any fixed or ascertainable amounts of pay;

(k) "service commission" means a service commission as defined in the Municipal Affairs Act;

(l) "village commissioners" means village commissioners incorporated pursuant to the Village Service Act or to whom that Act applies. 1994, c. 11, s. 2.

Application of Act

3 (1) This Act applies notwithstanding any compensation plan, arbitral or other award or decision, or other agreement or arrangement of any kind.

Not breach of compensation plan

(2) The continuation, alteration or termination of a compensation plan pursuant to this Act is not and shall not be deemed to be a breach of the plan and, for greater certainty, does not entitle any person to terminate the plan, to receive any payment or to any other remedy.

Not reduction in compensation

(3) The reduction in pay pursuant to this Act is not a reduction in compensation for the purpose of any compensation plan and, for greater certainty, shall not be deemed to be a termination of the plan and does not entitle any person to terminate the plan, to receive any payment or to any other remedy.

Conflict with other enactments

(4) Every enactment, whether enacted before or after the coming into force of this Act, including, without limiting the generality of the foregoing, the Public Sector Compensation Restraint Act, shall be read and construed as subject in all respects to this Act and, in the case of conflict with this Act, this Act prevails. 1994, c. 11, s. 3.

Act binds Her Majesty

4 This Act is binding on Her Majesty in right of the Province. 1994, c. 11, s. 4.

PART I

PUBLIC EMPLOYEES

Application of Part

5 This Part applies to

(a) persons appointed pursuant to the Civil Service Act;

(b) officers and employees appointed pursuant to the Corrections Act;

(c) persons appointed by the Governor in Council to the public service;

(d) persons employed by a member of the Executive Council or the members deputy;

(e) officers and employees of an "agency of government" as defined in the Auditor General Act other than Sydney Steel Corporation;

(f) officers and staff of the House of Assembly and persons appointed pursuant to the House of Assembly Act;

(g) employees of a municipality;

(h) employees of an authority, board, commission, agency, corporation or other organization of a municipality, including a joint or regional body of two or more municipalities;

(i) employees of a school board;

(j) employees of the Nova Scotia Community College;

(k) employees of a university to which the Universities Assistance Act applies;

(l) employees of a hospital within the meaning of the Hospitals Act;

(m) employees of a facility that is required to be licensed pursuant to the Homes for Special Care Act;

(n) employees of a housing authority within the meaning of the Housing Act; and

(o) employees of a person, agency, authority, board, commission, corporation or organization of a type similar to those listed in clauses (a) to (n) where the Governor in Council declares that this Part applies to those employees. 1994, c. 11, s. 5.

Compensation plan continued

6 (1) Every compensation plan in effect immediately before April 29, 1994, is continued until November 1, 1997, except as provided by this Act.

Expired compensation plan continued

(2) Where

(a) a compensation plan has expired before April 29, 1994; and

(b) a new compensation plan is not established before April 29, 1994,

the expired plan is continued, effective from when it expired but for this Act, until November 1, 1997, except as provided by this Act.

Period of employment not extended

(3) Nothing in this Section extends the period of employment for any person. 1994, c. 11, s. 6.

First collective agreement may be concluded

7 (1) Notwithstanding Section 6 and notwithstanding whether a compensation plan was established before or after the coming into force of this Act, where

(a) a union was certified or recognized pursuant to the Trade Union Act before, on or after April 29, 1994, as the bargaining agent for employees who immediately before the certification or recognition did not have a certified or recognized bargaining agent; and

(b) a first collective agreement was not concluded before April 29, 1994,

the employer and the bargaining agent may conclude a first collective agreement.

Requirements of first collective agreement

(2) A first collective agreement concluded pursuant to subsection (1) shall

(a) not contain any change in pay rates from what the pay rates were immediately before the collective agreement was concluded; and

(b) continue until November 1, 1997. 1994, c. 11, s. 7.

Changes in compensation plan prohibited

8 (1) No compensation plan, whether established before or after the coming into force of this Act, shall be changed between April 29, 1994, and October 31, 1997, inclusive, except as provided by this Act.

Increase in pay rates prohibited

(2) Notwithstanding any compensation plan, there shall not be any increase in the pay rates in a compensation plan between April 29, 1994, and October 31, 1997, inclusive. 1994, c. 11, s. 8.

Reduction in pay rates

9 (1) Effective November 1, 1994, the pay rate for each position covered by a compensation plan shall be reduced by three per cent except as provided by this Section.

Pay-related calculations

(2) For greater certainty, the reduced pay rates shall be the basis for any pay-related calculations.

Exception

(3) This Section does not apply to an employee whose annual pay, as a person described in Section 5, is twenty-five thousand dollars or less.

Limit on reduction

(4) No employees annual pay, as a person described in Section 5, shall be reduced by this Section to less than twenty-five thousand dollars. 1994, c. 11, s. 9.

Certain increases in pay permitted

10 (1) An increase in pay rates may be paid to or received by an employee for or in recognition of

(a) the successful completion of a course of professional or technical education;

(b) subject to subsection (2),

if such provisions have been expressly contained in the compensation plan.

Certain pay increases cancelled

(2) Any increase in pay as described in clause (1)(b) that would, but for this subsection, have been awarded to an employee at any time between May 1, 1994, and April 30, 1995, inclusive, is cancelled.

Restriction on increases in future

(3) An employee referred to in subsection (2) is not entitled to

(a) any other increase as described in clause (1)(b) until one year after the time referred to in subsection (2); or

(b) any greater increase or adjustment at another time as a result of subsection (2).

Promotion of employee

(4) Nothing in subsection (1) prevents increases in pay or pay rates as a result of the bona fide promotion of an employee to a different or more responsible position.

Exception

(5) Subsections (2) and (3) do not apply to an employee whose annual pay, as a person described in Section 5, is twenty-five thousand dollars or less if the increase in pay as described in clause (1)(b) would not increase the employees annual pay to more than twenty-five thousand dollars. 1994, c. 11, s. 10.

Pay equity increases

11 Nothing in this Act prevents increases in pay rates pursuant to the Pay Equity Act but the amount of any such increase effective between November 1, 1994, and October 31, 1997, inclusive, shall be reduced in accordance with Section 9. 1994, c. 11, s. 11.

Compensation plan ineffective

12 A compensation plan to which this Part applies, entered into, established or amended at any time, is of no force or effect to the extent that it provides for pay rates in excess of pay rates permitted by this Act. 1994, c. 11, s. 12.

Employer to provide information to Board

13 Every employer to which this Part applies shall provide to the Board such information as the Board may request for the purpose of this Act. 1994, c. 11, s. 13.

PART II

ELECTED AND APPOINTED PUBLIC OFFICIALS

AND MEMBERS OF COURTS

Application of Part

14 This Part applies to

(a) members of the Executive Council;

(b) members of the House of Assembly;

(c) the mayor or warden and aldermen or councillors of a city, incorporated town or municipality of a county or district;

(d) village commissioners;

(e) members of a service commission;

(f) members of a school board;

(g) judges of the provincial court and judges of the Family Court;

(h) adjudicators of the Small Claims Court;

(i) members of regional assessment appeal courts; and

(j) members of an agency, board, commission, committee or body who are appointed by the Governor in Council or by a member of the Executive Council. 1994, c. 11, s. 14.

Limit on remuneration

15 The remuneration of a person to whom this Part applies shall not exceed

(a) between April 29, 1994, and October 31, 1994, inclusive, the rate in effect immediately before April 29, 1994; and

(b) between November 1, 1994, and October 31, 1997, inclusive, ninety-seven per cent of the rate in effect immediately before April 29, 1994. 1994, c. 11, s. 15.

Tribunal not appointed

16 (1) No tribunal shall be appointed in 1994, 1995 or 1996 to determine the salaries for judges of the provincial court and judges of the Family Court.

Inquiry commission not appointed

(2) No persons shall be appointed in 1994, 1995 or 1996 to make an inquiry and report respecting the indemnities, allowances and salaries to be paid pursuant to the Executive Council Act, the House of Assembly Act or the Members Retiring Allowances Act. 1994, c. 11, s. 16.

PART III

MEDICAL SERVICES

Application of Part

17 This Part applies to payments for insured services provided by physicians, dentists, pharmacists and optometrists. 1994, c. 11, s. 17.

"total payments" defined

18 (1) In this Section, "total payments" means the total payments for the insured services provided by physicians.

Total payments for 1994-95 fiscal year

(2) The total payments are two hundred fifty million nine hundred and seventy-three thousand dollars for the 1994-95 fiscal year.

Total payments for subsequent fiscal years

(3) The total payments shall not exceed two hundred forty-six million five hundred and twenty-five thousand five hundred dollars for subsequent fiscal years.

Application of Section

(4) This Section applies until November 1, 1997. 1994, c. 11, s. 18.

Restrictions on tariff of fees

19 Every tariff of fees or other system of payment for insured services provided by a pharmacist, dentist or optometrist in effect immediately before April 29, 1994,

(a) continues unchanged until November 1, 1994;

(b) is reduced by three per cent effective November 1, 1994; and

(c) shall not thereafter be increased before November 1, 1997. 1994, c. 11, s. 19.

PART IV

GENERAL

Appointment of Administrator

20 An Administrator and such other persons as are necessary for the administration of this Act shall be appointed in accordance with the regulations. 1994, c. 11, s. 20.

Appointment of Board

21 A Board for the purpose of this Act shall be appointed in accordance with the regulations. 1994, c. 11, s. 21.

Duties of Administrator

22 (1) Where a question arises pursuant to this Act as to

(a) whether a compensation plan is a compensation plan to which this Act applies;

(b) whether a compensation plan complies with this Act;

(c) whether a compensation plan has been established, amended or administered contrary to this Act;

(d) when a compensation plan came into effect;

(e) what information or documentation is required by the Board;

(f) who is an employer or employee for the purpose of this Act;

(g) who is the employer for a particular compensation plan;

(h) whether the increase in pay rates is in recognition of

(i) the application of a provision of this Act to any person,

the Administrator may decide the question or refer the question to the Board.

Referral of decision to Board

(2) An employer, a bargaining agent or, where there is no bargaining agent, an employee who is affected by and is not satisfied with the decision of the Administrator may request that the Administrator refer the question to the Board and the Administrator shall do so.

Decision of Board is final

(3) The Board shall decide any question referred to it and the decision or order of the Board is final and conclusive and not open to question or review but the Board may, if it considers it advisable to do so, reconsider any decision or order made by it pursuant to this Act and may vary or revoke any decision or order made by it pursuant to this Act. 1994, c. 11, s. 22.

Changes may be authorized by Board

23 (1) The Board may authorize changes to a compensation plan upon application by

(a) the employer and the bargaining agent where the compensation plan is a collective agreement; or

(b) the employer where the compensation plan is not a collective agreement,

if

(c) the total effect of the changes does not increase the total cost of all compensation in respect of the employees to whom the compensation plan applies;

(d) the pay rates are not more than that permitted by this Act; and

(e) the changes would not be contrary to the intent and purpose of this Act.

Strike or lockout prohibited

(2) Nothing in this Section authorizes or enables an employer, employee or bargaining agent to resolve, or attempt to resolve, any dispute respecting changes to a compensation plan by strike, lockout, mediation or arbitration. 1994, c. 11, s. 23.

Board may make order

24 (1) Where the Board determines that

(a) this Act is not being complied with;

(b) a compensation plan does not comply with this Act;

(c) an employer or other person is implementing, has implemented or is likely to implement an increase in pay rates or rates of remuneration that do not comply with this Act; or

(d) an employer or other person is not implementing, has not implemented or is not likely to implement a reduction in pay rates or rates of remuneration as required by this Act,

the Board may make an order

(e) requiring compliance with this Act;

(f) prohibiting in the manner it specifies the employer or other person from implementing the increase in pay rates or rates of remuneration that do not comply with this Act;

(g) requiring a recipient of pay or remuneration to pay back to the employer or other person any increase in pay or remuneration that does not comply with this Act.

Order part of compensation plan

(2) To the extent that the compensation plan is inconsistent with an order of the Board, the order prevails and is deemed to be part of the compensation plan.

Order is public document

(3) An order of the Board is a public document and shall be made available for inspection at the office of the Board during regular business hours. 1994, c. 11, s. 24.

Offence and penalty

25 Every person who fails to comply with this Act, the regulations or an order of the Board is guilty of an offence and liable on summary conviction to the penalty provided for in the Summary Proceedings Act. 1994, c. 11, s. 25.

Regulations

26 (1) The Governor in Council may make regulations

(a) designating any compensation plan or class thereof to which this Act applies and, where necessary, prescribing the manner in which this Act is to be applied.

(b) determining whether Part I applies to a person, agency, authority, board, commission, corporation or organization;

(c) respecting the appointment of an Administrator and other persons necessary for the administration of this Act;

(d) respecting the establishment of the Board for the purpose of this Act;

(e) providing for the management and administration of the Board;

(f) conferring powers, privileges and immunities on the Board;

(g) respecting procedures of the Board for giving notices, making demands, issuing instructions and directions;

(h) providing for the filing of orders of the Board at the prothonotarys office to make the same a judgment of the Supreme Court;

(i) prescribing the person or the class of persons whose method of compensation is deemed to be a compensation plan for the purpose of this Act;

(j) further defining any word or expression defined in this Act;

(k) defining any word or expression used in this Act and not defined therein;

(l) respecting any matter that the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.

Application of regulations

(2) A regulation may apply to all persons or bodies or to a class of persons or bodies to whom this Act applies and there may be different regulations for different classes of such persons or bodies.

Application of regulations

(3) A regulation made pursuant to clause (1)(j) or (k) may apply in respect of one or more provisions of this Act and there may be different regulations in respect of different provisions.

Regulation may be retroactive

(4) A regulation made pursuant to this Part may, if it so provides, be made retroactive in its operation to a date not earlier than April 29, 1994.

Regulations Act

(5) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act. 1994, c. 11, s. 26.

Public Sector Unpaid Leave Act amended

27 (1) Clause 2(m) of Chapter 10 of the Acts of 1993, the Public Sector Unpaid Leave Act, is amended by striking out "earlier" in the second line and substituting "later".

Application of Section

(2) This Section has effect on and after November 1, 1993. 1994, c. 11, s. 27.

Effective date

28 This Act, except Section 27, has effect on and after April 29, 1994. 1994, c. 11, s. 28.

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