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General Civil Service Regulations
made under Section 45 of the
Civil Service Act
R.S.N.S. 1989, c. 70
O.I.C. 81-268 (March 3, 1981), N.S. Reg. 20/81
as amended up to O.I.C. 2006-221 (May 4, 2006), N.S. Reg. 68/2006
1 In these regulations, the expressions
(a) “daily rate of pay” means an employee’s bi-weekly rate of pay divided by ten;
(b) “day” means working day;
(c) “double time” means two times the straight time rate calculated by the formula:
(i) Bi-weekly rate x 2 where the employee’s normal work week
70 consists of thirty-five (35) hours exclusive of meal break;
(ii) Bi-weekly rate x 2 where the employee’s normal work week
75 consists of thirty-seven and one-half (37.5) hours exclusive of meal break;
(iii) Bi-weekly rate x 2 where the employee’s normal work week
80 consists of forty (40) hours exclusive of meal break;
(d) “employer” means Her Majesty in the right of the Province of Nova Scotia as represented by the Civil Service Commission;
(e) “holiday” means:
(i) in the case of a shift that does not commence and end in the same day, the twenty-four hour period commencing from the time at which the shift commenced if more than one-half of the shift falls on a day designated as a holiday in these regulations;
Subclause 1(e)(i) amended: O.I.C. 98-265, N.S. Reg. 40/98.
(ii) in any case, the twenty-four hour period commencing at 12.01 a.m. of the day designated as a holiday in these regulations;
(f) “leave of absence” means absence from work with permission;
(g) “overtime” means authorized work in excess of an employee’s regular work day or regular work week;
(h) “service” means:
(i) effective January 1, 1990, total accumulated months of employment except months for which the employee does not earn salary for more than 10 days,
Subclause 1(h)(i) replaced: O.I.C. 90-935, N.S. Reg. 213/90.
(ii) total accumulated months of unbroken full time service where the unbroken service in departments, boards, commissions, or agencies listed in Appendix “A” or municipal correctional facilities listed in Appendix “B” has been a combination of full time and unbroken non-civil service employment and civil service employment;
Subclause 1(h)(ii) replaced: O.I.C. 87-643, N.S. Reg. 105/87.
(iii) (A) notwithstanding Section [subclauses] 1(h)(i) and (ii), for the purpose of accumulating service for part-time employment, service on a prorated basis in accordance with time worked by the part-time employee, including designated paid holidays or days off in lieu thereof, vacation, sick leave, injury on duty, leave and paid leaves of absence,
(B) with respect to employees eligible for civil service part-time appointment effective January 1, 1988, total accumulated months of unbroken non-civil service employment in departments, boards, commissions and agencies providing such service is within the meaning of part-time employment as provided in Regulation 11A.
Subclause 1(h)(iii) added: O.I.C. 90-935, N.S. Reg. 213/90.
(i) “sick leave” means leave granted to a person who is absent from duty by reason of mental or physical incapacity;
(j) “split shift” means any shift that is not worked in consecutive hours but has a break of not less than one hour;
(ja) “spouse” includes husband, wife, common law or same sex partner, except where prohibited or precluded by law;
Clause 1(ja) added: O.I.C. 98-265, N.S. Reg. 40/98.
(k) “stand-by” means a period during which an employee is required to be available immediately for work;
(l) “time and one-half” means one and one-half times the straight time rate calculated by the formula:
(i) Bi-weekly rate x 1.5 where the employee’s normal work week
70 consists of thirty-five (35) hours exclusive of meal break;
(ii) Bi-weekly rate x 1.5 where the employee’s normal work week
75 consists of thirty-seven and one-half (37.5) hours exclusive of meal break;
(iii) Bi-weekly rate x 1.5 where the employee’s normal work week
80 consists of forty (40) hours exclusive of meal break;
(m) “year” means fiscal year.
2 A provision in a collective agreement that conflicts with a regulation affecting employees of a bargaining unit covered by a collective agreement prevails over the regulation.
3 Applications shall be held by the Commission for a period of twelve months unless the applicant is sooner appointed to a position or withdraws the application.
4 The Commission may transfer an employee with the consent of the Deputy Heads concerned.
5 Except as otherwise provided in these regulations, the date of appointment of an employee is the date on which he first reports for duty.
6 (1) The Commission may appoint a person on a temporary basis for a period not to exceed six months.
(2) An appointment on a temporary basis may be extended on the recommendation of a Deputy Head.
(3) The Commission, on the recommendation of a Deputy Head, may change the basis of an appointment from temporary to probationary term, or permanent.
7 (1) The Commission may appoint a person on a probationary basis for a period not to exceed twelve months.
(2) The Commission, on the recommendation of a Deputy Head, may before the expiration of a person’s initial twelve months period of appointment on a probationary basis, extend the probationary appointment for a period not to exceed six months.
(3) The Commission, on the recommendation of a Deputy Head, may change the basis of an appointment from probationary to permanent.
(4) After a person has served in a position on a probationary basis for a period of twelve months, the Commission shall, except as provided in subsection (2) confirm the appointment on a permanent basis.
(5) The Commission, on the recommendation of a Deputy Head, may change the basis of an appointment from permanent to term with the consent of the employee.
8 (1) The Commission may appoint a person on a term basis for a period not to exceed five years.
(2) The Commission, on the recommendation of a Deputy Head, may change the basis of an appointment from term to temporary, probationary or permanent.
9 When an appointment is made as a result of a transfer of an employee from one department to another, the Commission may, on the recommendation of the Deputy Head, change the employment status of the employee from permanent to probationary.
10 Where an employee participates in a personnel selection process for a position in the civil service, he shall be granted leave of absence with pay for the period during which the employee’s presence is required for purposes of the selection process, and for such further period as the Deputy Head considers reasonable for travel. Travel expenses relating to a leave of absence under this Regulation are not payable by the employer.
11 Where the employment of a permanent employee is terminated for any reason and the employee is subsequently reappointed to his former position within one year from the date of the termination, the employee may be reappointed to his former position on a permanent basis.
11A The Commission, effective January 1, 1988, may appoint a person as a part-time employee if the person is employed on a regular basis in a position title and classification included in the civil service and works not less than 40% of the full-time hours applicable to the position.
Section 11A added: O.I.C. 90-935, N.S. Reg. 213/90.
12 An employee shall forthwith notify the Deputy Head respecting any change in his marital status.
13 A change in the marital status of an employee shall be reported by the Deputy Head to the Commission who shall notify the Deputy Minister of Finance.
14 The Commission may reclassify an employee on the recommendation of the Deputy Head of the Department.
15 (1) Subject to subsections (2) and (3), the rate of compensation for a person appointed to a position in the civil service shall be at the minimum rate prescribed for the class to which the person is appointed.
(2) The rate of compensation of a person upon appointment to a position may be at a rate higher than the minimum rate prescribed for the class, if, in the opinion of the Commission, such higher rate is necessary to effect the appointment of a qualified person to the position or if the person to be appointed to the position has qualifications in excess of the minimum requirements for the position.
(3) Subject to subsection (4) the rate of compensation of a person upon promotion to a position in a higher pay range shall be at the next higher rate or the minimum of the new class, whichever is greater, than that received by the employee before the promotion.
(4) The rate of compensation of an employee upon promotion to a position may be at a rate higher than that prescribed in subsection (3), if, in the opinion of the Commission, such higher rate is necessary to effect the promotion of a qualified person to the position.
(5) The rate of compensation of an employee upon demotion to a position in a lower pay range shall be at the next lowest rate or the maximum of the new class, whichever is lesser, than that received by the employee before the demotion.
(6) The Commission may, when the circumstances warrant, maintain an employee’s classification and rate of pay on a present incumbent only basis for such time as the Commission deems appropriate or may require that the employee’s salary be frozen if
(a) the employee is assigned the duties of a position which has a lower maximum salary than that previously received by the employee; or
(b) the employee’s position is reclassified to a classification having a lower maximum salary than the rate of pay in effect for that employee immediately prior to the reclassification.
16 The salary of an employee shall commence on the date on which he first reports for duty.
17 The Commission, on the recommendation of the Head or Deputy Head of the Department, may grant an annual increment for meritorious service after an employee has served for a period of twelve months following the effective date of appointment or a change in his rate of compensation, whichever is the later; or as ordered by the Governor in Council on the recommendation of the Commission.
18 (1) For the purpose of determining the initial increment date, the date of the appointment of an employee shall be deemed to be:
(a) the first day of the month if the employee reports for duty during the first eight days of the month;
(b) the first day of the following month if the employee reports for duty later than the eighth day of the month.
(2) Notwithstanding subsection (1), where a person is appointed to the civil service and has been employed in the public service on a full time basis other than as a civil servant in the same or similar position with the same department, board, commission or agency listed in Appendix “A”, and there is no break in the period of employment and the date of the civil service appointment, the increment date of the employee shall be established on the same basis as if the employee had been originally appointed as a civil servant.
(3) An employee’s increment date will change if:
(a) the employee is reclassified at which time the date of reclassification becomes his new increment date; or
(b) the employee has not received credit for a period of service in which case the employee’s anniversary date will be moved forward by an amount of time equal to the period of service for which he has not received credit; or
(c) an increment has been deferred due to unsatisfactory work performance.
19 Notwithstanding the provisions of Regulations 17 and 18, when a change in the rate of compensation of an employee occurs as a result of a negotiated increase or a periodic pay review, the increment review date shall remain unchanged.
20 When an employee is temporarily reclassified for a period of less than a year to a position having a maximum salary higher than the maximum salary of the employee’s present position, the increment review date shall remain unchanged. An increment shall not be granted until the employee has been reclassified back to his original position.
21 When an employee is temporarily reclassified for a period of one year or more to a position having a maximum salary higher than the maximum salary of the employee’s present position, the increment review date is changed to the effective date of the temporary reclassification.
22 When the employee is reclassified to his former position he shall receive the salary he would have received had he not been temporarily reclassified and his increment review date is reestablished as the review date prior to his temporary reclassification.
23 The rate of compensation resulting from an increment shall be effective on the first day of a month.
24 The recommendation for an increment shall be made by the Head or Deputy Head of a department on a prescribed form not later than fifteen days prior to the recommended date of the increment.
24A (1) Despite Sections 17 to 22, the Commission, on the recommendation of the Head or Deputy Head of a Department may, on April 1 of each year, grant an increment for meritorious service to an employee paid under the Management Classification and Pay Plan.
(2) The annual increment shall be determined in accordance with policies established by the Commission.
(3) This Section does not apply to
(a) solicitors employed in the Department of Justice Legal Services Division or with the Public Prosecution Service and civil service government lawyers in positions located outside of the Legal Services Division and the Public Prosecution Service who have been identified by the Public Service Commission to receive the same rates of compensation as the solicitors in the Legal Services Division; and
(b) persons employed in positions designated by the Governor in Council as being eligible for “at risk” performance pay for senior officials.
Section 24A added: O.I.C. 2002-333, N.S. Reg. 100/2002.
24B (1) Despite Sections 17 to 22, the Commission, on the recommendation of the Head or Deputy Head of a Department may, on April 1 of each year, grant an increment for meritorious service to an employee paid under the Liability Management and Treasury Services Classification and Pay Plan.
(2) The annual increment shall be determined in accordance with policies established by the Commission.
Section 24B added: O.I.C. 2005-441, N.S. Reg. 187/2005.
25 The salary adjustment resulting from a change in the classification of an employee and the effective date of the change shall be determined by the Commission in consultation with the Deputy Head(s).
26 Subject to Regulation 27, an employee shall receive payment of acting pay in those instances where the employee is substituting for another employee who will be returning to his or her position at the completion of the temporary absence. This regulation is not applicable in instances where a vacancy exists to be filled through competition.
27 Effective December 15, 1989, when an employee in the Administrative Support Classification and Pay Plan is designated to perform the principal duties of a higher paying position for a temporary period of three (3) or more consecutive days, the employee shall receive payment of acting pay, including the three (3) days, equivalent to ten percent (10%) higher than the employee’s existing rate of pay, provided that in no case shall the rate of payment for the period exceed the maximum rate of the higher paying position.
Section 27 replaced: O.I.C. 88-154, N.S. Reg. 46/88; amended: O.I.C. 90-935, N.S. Reg. 213/90.
28 When an employee in the Medical Services Classification and Pay Plan, the Dental Services Classification and Pay Plan, the Pathologists Classification and Pay Plan or the Laboratory Scientists Classification and Pay Plan is designated to perform the principal duties of a higher paying position for a temporary period in excess of ten (10) consecutive days, the employee shall receive payment of acting pay, including the ten (10) days, equivalent to two increment steps higher than the employee’s existing rate of pay, provided that in no case shall the rate of payment for that period exceed the maximum rate of the higher paying position.
Section 28 replaced: O.I.C. 88-154, N.S. Reg. 46/88.
29 When an employee in the Management Classification and Pay Plan is designated to perform the principal duties of a higher paying position for a temporary period in excess of ten (10) consecutive days, the employee shall receive payment of acting pay, including the ten (10) days, equivalent to two classifications higher than the employee’s existing rate of pay, provided that in no case shall the rate of payment for that period exceed the maximum rate of the higher paying position.
Section 29 replaced: O.I.C. 88-154, N.S. Reg. 46/88.
Section 30 repealed: O.I.C. 88-154, N.S. Reg. 46/88.
31 Acting pay shall not be paid an employee where an employee’s current position normally requires periodic substitution in the higher position as defined by the position specification, title and salary range.
32 Acting pay provisions shall not apply in series classification of positions.
33 Acting pay provisions do not preclude the right of the Deputy Head to assign duties of any employee among remaining employees of the work unit where temporary absences occur.
34 An employee shall receive a shift premium, the amount of which is established by the Commission with the approval of the Management Board, for all complete shifts worked including overtime shifts worked, on shifts, half or more of which are regularly scheduled between six o’clock in the evening and six o’clock in the morning.
35 An employee occupying a position designated as managerial or confidential is eligible to receive standby pay in accordance with rates established by the Commission with the approval of the Management Board, if the position is approved by the Commission for that purpose.
36 Compensation for standby time shall be paid only when the Deputy Head or delegated official of the department or agency in which the employee is employed certifies on a form prescribed by the Commission that the standby time was necessary because of the particular nature of the position.
37 An employee designated for standby duty shall be available during his period of standby duty at a telephone number known to his immediate superior and be able to report for duty as quickly as possible if called.
38 No compensation shall be granted for the total period of standby if the employee is unable to report for duty when required.
39 An employee on standby duty who is called to work shall be compensated in addition to the standby pay, for a minimum of four hours at the straight time rate for a period worked or the applicable overtime rate, whichever is greater.
40 The minimum guarantee of four hours pay shall apply only once during each eight consecutive hours on standby.
Section 41 repealed: O.I.C. 2006-221, N.S. Reg. 68/2006.
Section 42 repealed: O.I.C. 2006-221, N.S. Reg. 68/2006.
43 Employees classified in the Educational Management Classification and Pay Plan occupying a position of Coordinator at the Nova Scotia Institute of Technology shall receive in addition to regular salary a per diem rate of pay for each day’s work performed beyond the normal teaching year, except where the work performed involves the proper preparation for normal closing and normal opening of classrooms and instruction as required of the position, providing such work is both required and approved by the Deputy Head of the Department of Education.
44 (1) Schedules containing the names of the positions not eligible for overtime shall be approved from time to time by the Commission.
(2) Compensation for overtime shall be paid except where, upon request of the employee and with the approval of the Deputy Head, time off in lieu of overtime hours worked may be granted.
(3) Where time off with pay lieu of overtime hours worked has not been granted prior to the end of the second calendar month immediately following the month in which the overtime was worked, compensation for overtime shall be paid.
Subsection 44(3) amended: O.I.C. 90-935, N.S. Reg. 213/90.
(3A) Where operational requirements permit, the deputy head may authorize an extension of the time limit provided in subsection (3).
Subsection 44(3A)added: O.I.C. 2003-325, N.S. Reg. 134/2003.
(4) Regardless of the classification of the position of an employee, where the nature of his position normally entails working irregular or extra hours and where the records of the Commission indicate that the Commission has taken that circumstance into account in setting the salary classification of the position, he is not entitled to time off with pay for overtime work under this Regulation or to compensation for overtime in lieu of time off with pay under Regulation 45.
(5) An employee must work at least twenty minutes beyond his normal shift before being eligible for overtime compensation.
(6) When an employee classified in the Health Services Managerial Classification and Pay Plan is required to report back to work after leaving the premises of the work location following completion of a shift, but before the commencement of his next shift, or is called back to work on a day the employee is not scheduled to work, he shall be granted a minimum of four hours pay at straight time rates, or overtime, whichever is greater.
(7) When an employee is required to work a minimum of three consecutive hours overtime following the employee’s scheduled hours of work and it is not practical for him to enjoy his usual mealtime before commencing such work, he shall be granted reasonable time with pay, as determined by the Deputy Head, in order that he may take a meal break either at or adjacent to his place of work and shall be reimbursed for the expense of one meal at an amount established by the Commission with the approval of Management Board except where a free meal is provided.
(8) An employee who is required to work overtime on his first scheduled day of rest shall be paid at the overtime rate of time and one-half.
(9) An employee who is required to work overtime on his second or subsequent day of rest is entitled to compensation at double time for all hours worked. Second or subsequent day of rest means the second or subsequent day in an unbroken series of consecutive calendar days of rest.
(10) In computing overtime a period of thirty minutes or less shall be counted as one-half hour and a period of more than thirty minutes but less than sixty minutes shall be counted as one hour.
(11) Subject to the operational requirements of the [civil] service, the Deputy Head shall make every reasonable effort to:
(a) allocate overtime work on a fair and equitable basis among readily available and qualified employees; and
(b) give employees who are required to work overtime adequate advance notice of this requirement.
(12) In every department or institution a record shall be maintained of overtime worked by employees and of time off with pay granted to employees for overtime work or compensation paid to employees for overtime work. Such records shall be maintained for all employees including managerial and confidential exclusions as well as those in the bargaining units.
45 (1) An employee is entitled to time and one-half compensation for each hour of overtime worked by him.
(2) Compensation for overtime worked by an employee shall be paid only when the Deputy Head or the Head of the institution in which the employee is employed certifies, on a form prescribed by the Commission, that the overtime work was necessary and was unforeseen, or, if it was foreseen, was beyond the control of the department or institution and that it could not be conveniently or effectively performed during normal working hours by the employment of additional staff or by other measures.
(3) A copy of every certificate given under subsection (2) shall be filed with the Commission and the Deputy Minister of Finance.
(4) It is the responsibility of the Commission to:
(a) maintain records of overtime worked;
(b) conduct inquiries where overtime appears excessive;
(c) assist departments in developing alternate means of performing priority work at less cost;
(d) periodically report to the Minister on the use of overtime in the government service.
46 Where due to operational requirements an employee who is not entitled to overtime is required by the Deputy Head to work beyond normal working hours, the Deputy Head may, as operational requirements permit, adjust subsequent hours of work.
46A (1) Part-time employees are entitled to overtime compensation in accordance with the pay plan for work in excess of the regular full-time weekly hours, except where the applicable hours of work are on a biweekly basis in which case part-time employees are entitled to overtime compensation for hours in excess of the regular full-time bi-weekly hours.
(2) Part-time employees who are scheduled for a shift of seven or more hours are entitled to overtime compensation for the time worked beyond such shift.
(3) Part-time employees who are scheduled to work a shorter period than the full-time shift are entitled to overtime compensation after they have worked the equivalent of the full-time shift.
(4) Part-time employees are entitled to overtime compensation for work in excess of the regular full-time daily hours.
Section 46A added: O.I.C. 90-935, N.S. Reg. 213/90.
47 (1) Subject to statutory requirements and these regulations, each employee shall work from 8:30 a.m. to 4:30 p.m., on each day of the week exclusive of Saturdays, Sundays, and holidays, and shall be allowed one hour each day for lunch at such time as the Deputy Head determines.
(2) Each employee shall be allowed two rest periods per day, the combined time of which shall not exceed thirty minutes.
(3) The Commission, on the recommendation of the Head or Deputy Head, may require an employee to work days and hours other than those designated in subsection (1) and may vary the hours and days of work of an employee in a position, the duties and nature of which require hours and days of work other than those specified in subsection (1).
(4) Subject to these regulations, an employee shall work not less than forty hours a week including the lunch period.
(5) The Deputy Head, with the approval of the Commission, may where operational requirements and efficiency permit, authorize experiments with flexible working hours, if the Deputy Head is satisfied that a sufficient number of employees have requested and wish to participate in such an experiment.
48 (1) Employees in the Administrative Support Classification and Pay Plan shall be entitled to receive vacation leave with pay effective April 1, 2002,
(a) during the first 72 months of service at the rate of 1 1/4 days for each month of service;
(b) after 72 months of service at the rate of 1 2/3 days for each month of service;
(c) after 192 months of service at a rate of 2 1/12 days for each month of service; and
(d) after 300 months of service at the rate of 2 l/2 days for each month of service.
Subsection 48(1) replaced: O.I.C. 2003-325, N.S. Reg. 134/2003.
(2) Employees in the Dental Services Classification and Pay Plan shall be entitled to receive vacation leave with pay effective October 6, 1989
(a) during the first forty-eight (48) months of service at the rate of one and one-quarter (1 1/4) days for each month of service;
(b) after forty-eight (48) months of service at the rate of one and two-thirds (1 2/3) days for each month of service;
(c) after two hundred and four (204) months of service at the rate of two and one-twelfth (2 1/12) days for each month of service; and
(d) after three hundred and sixty (360) months of service at the rate of two and one-half (2 1/2) days for each month of service.
Original subsection 48(2) repealed; subsection 48(4) renumbered (2): O.I.C. 2003-325, N.S. Reg. 134/2003.
(3) Employees in the Dental Services Classification and Pay Plan shall be entitled to receive vacation leave with pay effective January 1, 1991
(a) during the first forty-eight (48) months of service at the rate of one and one-quarter (1 1/4) days for each month of service;
(b) after forty-eight (48) months of service at the rate of one and two-thirds (1 2/3) days for each month of service;
(c) after two hundred and four (204) months of service at the rate of two and one-twelfth (2 1/12) days for each month of service; and
(d) after three hundred (300) months of service at the rate of two and one-half (2 1/2) days for each month of service.
Original subsection 48(3) repealed; subsection 48(5) renumbered (3): O.I.C. 2003-325, N.S. Reg. 134/2003.
Subsection 48(3A) repealed: O.I.C. 2003-325, N.S. Reg. 134/2003.
(4) Employees in the Medical Services Classification and Pay Plan, the Pathologists Classification and Pay Plan and the Laboratory Scientists Classification and Pay Plan shall be entitled to receive vacation leave with pay effective October 6, 1989
(a) during the first two hundred and four (204) months of service at the rate of one and two-thirds (1 2/3) days for each month of service;
(b) after two hundred and four (204) months of service at the rate of two and one-twelfth (2 1/12) days for each month of service; and
(c) after three hundred and sixty (360) months of service at the rate of two and one-half (2 1/2) days for each month of service.
Subsection 48(6) renumbered (4): O.I.C. 2003-325, N.S. Reg. 134/2003.
(5) Employees in the Medical Services Classification and Pay Plan, the Pathologists Classification and Pay Plan and the Laboratory Scientists Classification and Pay Plan shall be entitled to receive vacation leave with pay effective January 1, 1991
(a) during the first two hundred and four (204) months of service at the rate of one and two-thirds (1 2/3) days for each month of service;
(b) after two hundred and four (204) months of service at the rate of two and one-twelfth (2 1/12) days for each month of service; and
(c) after three hundred (300) months of service at the rate of two and one-half (2 1/2) days for each month of service.
Subsection 48(7) renumbered (5): O.I.C. 2003-325, N.S. Reg. 134/2003.
(6) Employees in the Management Classification and Pay Plan shall be entitled to receive vacation leave with pay effective April 1, 2002,
(a) during the first 72 months of service at the rate of 1 1/4 days for each month of service;
(b) after 72 months of service at the rate of 1 2/3 days for each month of service;
(c) after 192 months of service at the rate of 2 1/12 days for each month of service; and
(d) after 300 months of service at the rate of 2 1/2 days for each month of service.
Subsection 48(6) added: O.I.C. 2003-325, N.S. Reg. 134/2003.
(7) Employees in a position in the Management Compensation and Pay Plan which, prior to August 9, 1981, would have been in either the Health Services Management “A” Classification and Pay Plan or the Health Services Management “B” Classification and Pay Plan shall be entitled to receive vacation leave with pay effective October 6, 1989
(a) during the first forty-eight (48) months of service at the rate of one and one-quarter (1 1/4) days for each month of service;
(b) after forty-eight (48) months of service at the rate of one and two-thirds (1 2/3) days for each month of service; and
(c) after two hundred and four (204) months of service at the rate of two and one-twelfth (2 1/12) days for each month of service.
(d) after three hundred and sixty (360) months of service at the rate of two and one-half (2 1/2) days for each month of service.
Subsection 48(11) renumbered (7): O.I.C. 2003-325, N.S. Reg. 134/2003.
(8) Employees in a position in the Management Compensation and Pay Plan which, prior to August 9, 1981, would have been in either the Health Services Management “A” Classification and Pay Plan or the Health Services Management “B” Classification and Pay Plan shall be entitled to receive vacation leave with pay effective January 1, 1991
(a) during the first forty-eight (48) months of service at the rate of one and one-quarter (1 1/4) days for each month of service;
(b) after forty-eight (48) months of service at the rate of one and two-thirds (1 2/3) days for each month of service; and
(c) after two hundred and four (204) months of service at the rate of two and one-twelfth (2 1/12) days for each month of service.
(d) after three hundred (300) months of service at the rate of two and one-half (2 1/2) days for each month of service.
Original subsection 48(8) repealed; subsection 48(12) renumbered (8): O.I.C. 2003-325, N.S. Reg. 134/2003.
Subsections 48(9), (10) and (10A) repealed: O.I.C. 2003-325, N.S. Reg. 134/2003.
Section 48 replaced: O.I.C. 90-935, N.S. Reg. 213/90.
(9) Crown Attorneys with the Public Prosecution Service and solicitors with the Department of Justice’s Legal Services Division and civil service government lawyers in positions outside of the Public Prosecution Service and the Legal Services Division who have been identified by the Public Service Commission as entitled to receive the same rates of compensation as solicitors in the Legal Services Division are entitled to receive vacation leave with pay effective April 1, 2002,
(a) during the first 72 months of service, at the rate of 1 1/4 days for each month of service;
(b) after 72 months of service, at the rate of 1 2/3 days for each month of service;
(c) after 192 months of service, at the rate of 2 1/12 days for each month of service; and
(d) after 300 months of service, at the rate of 2 ½ days for each month of service.
Subsection 48(9) added: O.I.C. 2004-450, N.S. Reg. 232/2004.
(10) Employees paid under the Liability Management and Treasury Services Classification and Pay Plan are entitled to receive vacation leave with pay effective April 1, 2005,
(a) during the first 72 months of service, at the rate of 1 1/4 days for each month of service;
(b) after 72 months of service, at the rate of 1 2/3 days for each month of service;
(c) after 192 months of service, at the rate of 2 1/12 days for each month of service; and
(d) after 300 months of service, at the rate of 2 1/2 days for each month of service.
Subsection 48(10) added: O.I.C. 2005-441, N.S. Reg. 187/2005.
49 (1) Except as otherwise provided in these regulations, vacation leave entitlement shall be used within the year in which it is earned. The employee shall advise the Deputy Head or delegated official of his vacation preference as soon as possible for the following year but before March 31, in each year.
(2) If at the end of the vacation year an employee’s entitlement to vacation leave with pay includes a fractional entitlement of less or more than one-half day, the entitlement shall be increased or decreased to the nearest one-half day.
(3) The vacation year shall be April 1 to March 31 inclusive.
50 (1) An employee shall be granted vacation leave at such time during the year as the Deputy Head determines.
(2) Subject to the operational requirements of the [civil] service, the Deputy Head shall make every reasonable effort to ensure that an employee’s written request for vacation leave is approved. Where in scheduling vacation leave, the Deputy Head is unable to comply with the employee’s written request, the Deputy Head or delegated official shall (a) give the reason for disapproval; and (b) make every reasonable effort to grant an employee’s vacation leave in the amount and at such time as the employee may request in an alternative.
(3) Where operational requirements necessitate a decision by the Deputy Head to place a restriction on the number of employees on vacation leave at any one time, preference shall be given to employees with the greatest length of service in the employing department, institution, board, agency or commission.
(4) Where operational requirements permit, the Deputy Head shall make every reasonable effort to grant to an employee his request to enjoy his vacation entitlement in a single unbroken period of leave.
51 (1) Except as otherwise provided in these regulations, vacation leave for a period of not more than five days may, with the consent of the Head or the Deputy Head, be carried over to the following year but shall lapse if not used before the close of that year.
(2) Requests for carry over entitlement shall be made in writing by the employee to the Deputy Head not later than January 31 of the year in which the vacation is earned, provided, however, that the Deputy Head may accept a shorter period of notice of the request.
52 An employee may be granted permission by the Deputy Head to carry over five days of his vacation leave each year to a maximum of twenty days.
Section 52 replaced: O.I.C. 96-679, N.S. Reg. 148/96.
Section 53 repealed: O.I.C. 2003-325, N.S. Reg. 134/2003.
54 The Deputy Head may grant five days from the vacation leave of the subsequent year to an employee who has been employed in the public service for a period of five years or more.
Section 54 replaced: O.I.C. 96-679, N.S. Reg. 148/96.
55 An employee, upon his separation from the civil service, shall be compensated for vacation leave to which he is entitled.
56 (1) An employee, upon his separation from the civil service, shall compensate the Province for vacation which was taken but to which he was not entitled.
(2) When the employment of an employee who has been granted more vacation with pay than he has earned is terminated by death, the employee is considered to have earned the amount of leave with pay granted to him.
(3) The Deputy Head shall make every reasonable effort not to recall an employee to duty after he has proceeded on vacation leave.
(4) Where during any period of vacation leave, an employee is recalled to duty, he shall be reimbursed for reasonable expenses,
(a) in proceeding to his place of duty; and
(b) in returning to the place from which he was recalled if he immediately resumes vacation leave upon completing the assignment for which he was recalled.
(5) The period of vacation leave so displaced resulting from recall and transportation time in accordance with this Regulation shall either be added to the vacation period, if requested by the employee and approved by the Deputy Head, or reinstated for use at a later date.
57 (1) The holidays for employees in the civil service shall be:
(a) New Year’s Day;
(b) Good Friday;
(c) Easter Monday;
(d) Victoria Day;
(e) Dominion Day [Canada Day];
(f) Labour Day;
(g) Thanksgiving Day;
(h) Remembrance Day;
(i) Christmas Day;
(j) Boxing Day;
(k) one-half day for the day of Christmas Eve;
Clause 57(1)(k) replaced: O.I.C. 90-935, N.S. Reg. 213/90.
(l) one additional day in each year that, in the opinion of the Commission, is recognized to be a civic holiday in the area in which the employee is employed, or in any area where, in the opinion of the Commission, no such additional day is recognized as a civic holiday, the first Monday in August;
(m) a day proclaimed as a holiday by the Government of Canada or by the Government of Nova Scotia;
(n) any other day or part of a day declared by the Commission to be a holiday for employees in the whole or any part of the Province.
(2) Regulation 57(1) does not apply to an employee who is absent without pay on both the working day immediately preceding and the working day immediately following the designated holiday.
58 (1) When a day designated as a holiday coincides with the employee’s day of rest, the Deputy Head shall grant the holiday with pay on either
(a) the working day immediately following the day of rest; or
(b) the day following the employee’s annual vacation or another day mutually acceptable to the Deputy Head and the employee.
Subsection 58(1) amended: O.I.C. 96-679, N.S. Reg. 148/96.
(2) Where a day that is a designated holiday as provided in Regulation 57(1) falls within a period of an employee’s leave with pay, the holiday shall not count as a day of leave.
(3) Where an employee is employed in a continuous operation and his regularly scheduled day of work falls on a paid holiday, as provided in Regulation 57(1), he shall receive compensation as follows:
(a) compensation at one and one-half times his regular rate, including the holiday pay, for the hours worked on a holiday; and
(b) time off with pay in lieu of the holiday on an hour for hour basis at a mutually acceptable time prior to the end of the calendar month immediately following the month in which the holiday fell.
(4) Where time off with pay in lieu of the holiday has not been granted in accordance with Regulation 59(1), compensation shall be granted at the employee’s regular rate of pay for those hours worked on the holiday.
(5) Where an employee is required to work overtime on a paid holiday as provided in Regulation 57(1), he shall receive compensation as follows:
(a) compensation at double times his regular rate, including the holiday pay, for the hours worked on a holiday; and
(b) time off with pay in lieu of the holiday on an hour for hour basis at a mutually acceptable time prior to the end of the calendar month immediately following the month in which the holiday fell.
(6) Where time off with pay in lieu of a holiday has not been granted in accordance with Regulation 58(5), compensation shall be granted in an amount equal to the employee’s regular rate of pay for those hours worked on the holiday.
59 Where an employee who is not entitled to time off with pay or compensation in lieu thereof for overtime worked is required by the Deputy Head or an authorized person to work on a holiday, he may be granted with the approval of the Deputy Head, a day off with pay in lieu of that day.
Subsection 59(1) renumbered 59; subsection 59(2) repealed: O.I.C. 96-679, N.S. Reg. 148/96.
Section 60 repealed: O.I.C. 85-1054, N.S. Reg. 158/85.
61 An employee may be required by the Deputy Head to produce a certificate from a legally qualified medical practitioner for any period of absence for which sick leave is claimed by an employee and if a certificate is not produced after such a request, the time absent from work will be deducted from the employee’s pay. Where the Deputy Head has reason to believe an employee is misusing sick leave privileges, the Deputy Head may issue to the employee a standing directive that requires the employee to submit a medical certificate for any period of absence for which sick leave is claimed.
62 The pay of an employee who is in receipt of compensation from the Worker’s Compensation Board of Nova Scotia arising from the same incapacity for which sick leave or special leave is granted shall be reduced by the amount paid by the Worker’s Compensation Board.
63 When the employment of an employee who has been granted more sick leave, with pay, than he has earned is terminated by death, the employee is considered to have earned the amount of leave with pay granted to him.
64 An employee may be granted sick leave with pay when he is unable to perform his duties because of illness or injury provided that he satisfies the Deputy Head or delegated official of this condition in such manner and at such time as may be determined by the Deputy Head and provided he has the necessary sick leave credits.
65 For the purpose of the[se] regulations, the employer may require that the employee be examined by an alternate medical practitioner.
66 The provisions of Regulations 60 to 65 inclusive shall not apply to absences by reason of pregnancy.
67 Except as otherwise provided in the regulations, the Deputy Head in any one year may grant special leave with pay, part pay or without pay, for such period of time as the Deputy Head determines circumstances warrant.
Section 67 replaced: O.I.C. 96-679, N.S. Reg. 148/96.
Sections 68, 69, 70, 71, 72 and 72A repealed: O.I.C. 96-679, N.S. Reg. 148/96.
73 (1) The Deputy Head shall not terminate the employment of an employee who has been employed for more than 12 continuous months because of her pregnancy but the Deputy Head may require the employee to commence leave without pay when the duties of the employee’s position cannot reasonably be performed by a pregnant woman or the performance of the employee’s work is materially affected by the pregnancy.
Original subsection 73(1) repealed; 73(2) amended & renumbered 73(1): O.I.C. 96-679, N.S. Reg. 148/96; amended: O.I.C. 98-265, N.S. Reg. 40/98.
Subsection 73(2)(a) added: O.I.C. 90-935, N.S. Reg. 213/90; renumbered 73(2): O.I.C. 96-679, N.S. Reg. 148/96; repealed: O.I.C. 98-265, N.S. Reg. 40/98.
(2A) An employee who has completed 12 months continuous employment and becomes pregnant shall, upon request, be granted an unpaid leave of absence of up to 17 weeks as provided herein.
Subsection 73(2A) added: O.I.C. 98-265, N.S. Reg. 40/98.
(2B) The employee shall submit a written request for pregnancy leave to the Deputy Head no later than the 5th month of pregnancy.
Subsection 73(2B) added: O.I.C. 98-265, N.S. Reg. 40/98.
(2C) Prior to approving the leave, the Deputy Head may request, and the employee shall provide, a certificate from a legally qualified medical practitioner stating that the employee is pregnant and specifying the expected date of delivery.
Subsection 73(2C) added: O.I.C. 98-265, N.S. Reg. 40/98.
(2D) Pregnancy leave shall begin on such date as the employee determines, but not sooner than 16 weeks preceding the expected date of delivery and not later than the date of delivery.
Subsection 73(2D) added: O.I.C. 98-265, N.S. Reg. 40/98.
(2E) Pregnancy leave shall end on such date not sooner than 1 week after the date of delivery and not later than 17 weeks after the pregnancy leave began pursuant to subsection (2D).
Subsection 73(2E) added: O.I.C. 98-265, N.S. Reg. 40/98.
Subsection 73(3) repealed: O.I.C. 98-265, N.S. Reg. 40/98.
(4) An employee returning to work following leave as provided herein shall resume work in the position held prior to the commencement of the pregnancy leave, with no loss of benefits accrued to the commencement of the pregnancy leave.
Subsection 73(4) amended: O.I.C. 98-265, N.S. Reg. 40/98.
(5) While on pregnancy leave, the employee’s then existing coverage for medical, extended health, group life assurance and any other employee benefit plan shall continue, and the employer shall continue to pay its share of premium costs for maintaining such coverage during the period of pregnancy leave, provided that the employee continues to pay her share for such coverage.
(6) While on pregnancy leave, an employee shall continue to accrue and accumulate service for the duration of her leave, and her service shall be deemed to be continuous except that service accumulated during pregnancy leave shall not be credited for the purpose of vacation entitlement.
Subsection 73(6) amended: O.I.C. 98-265, N.S. Reg. 40/98.
(6A) For the purposes of calculating vacation leave credits during the year in which pregnancy leave is taken, 1 month of service shall be credited to an employee who does not receive salary for a total of 17 days or more during the first and last calendar months of the pregnancy leave granted under this Section.
Subsection 73(6A) added: O.I.C. 98-265, N.S. Reg. 40/98.
(7) Leave for illness of an employee arising out of or associated with her pregnancy prior to the commencement or the ending of pregnancy leave may be granted in accordance with the provisions for general and short-term disability leave.
Subsection 73(8) added: O.I.C. 90-935, N.S. Reg. 213/90; repealed: O.I.C. 98-265, N.S. Reg. 40/98.
(8A) A pregnant employee shall provide the Deputy Head with at least 4 weeks’ written notice of the date the employee will begin the pregnancy leave and the date the employee will return to work upon completion of the leave unless the employee indicates she will take the maximum leave to which the employee is entitled.
Subsection 73(8A) added: O.I.C. 98-265, N.S. Reg. 40/98.
(8B) The notice referred to in subsection (8A) may be amended by the employee
(a) by changing any date in the notice to an earlier date if the notice is amended at least 4 weeks before that earlier date;
(b) by changing any date in the notice to a later date if the notice is amended at least 4 weeks before the original date; and
(c) by adding the date that the employee will return to work if the notice is amended at least 4 weeks before the employee would have been required to return to work.
Subsection 73(8B) added: O.I.C. 98-265, N.S. Reg. 40/98.
(8C) Where notice as required under subsection (8B) is not possible, the employee shall give the Deputy Head as much notice as reasonably practicable of
(a) the date the employee will begin the pregnancy leave, where she is advised by a legally qualified medical practitioner to begin the pregnancy leave sooner than planned because of medical circumstances resulting from her pregnancy;
(b) the delivery, where the actual delivery occurs sooner than expected.
Subsection 73(8C) added: O.I.C. 98-265, N.S. Reg. 40/98.
(9) (a) Effective October 6, 1989, an employee entitled to pregnancy leave who provides the Deputy Head with proof that she has applied for and is eligible to receive employment insurance (EI) benefits pursuant to the Employment Insurance Act, 1996, shall be paid an allowance in accordance with the Supplementary Unemployment Benefit (SUB) Plan, as follows:
(i) where the employee is subject to a waiting period of two (2) weeks before receiving EI benefits, payments equivalent to seventy-five (75%) of her weekly rate of pay for each week of the two (2) week waiting period, less any other income earned by the employee during the benefit period;
(ii) up to a maximum of fifteen (15) additional weeks, payments equivalent to the difference between the weekly EI benefits the employee is eligible to receive and ninety-three percent (93%) of her weekly rate of pay, less any other income earned by the employee during the benefit period which may result in a decrease in the EI benefits.
Clause 73(9)(a) amended: O.I.C. 96-679, N.S. Reg. 148/96.
(b) For the purpose of this allowance, an employee’s weekly rate of pay will be one-half the bi-weekly rate of pay to which the employee is entitled for her classification on the day immediately preceding the commencement of her pregnancy leave and in the case of a part-time employee, such weekly rate of pay will be multiplied by the fraction obtained from dividing the employee’s time worked (as defined for the purposes of accumulating service) averaged over the preceding twenty-six (26) weeks by the regularly scheduled full-time hours of work for the employee’s classification.
(c) Where an employee becomes eligible for a salary increment or pay increase during the benefit period, payments under the SUB Plan will be adjusted accordingly.
(d) The employer will not reimburse the employee for any amount she is required to remit to Human Resources Development Canada where her annual income exceeds one and one-half (1 1/2) times the maximum yearly insurable earnings under the Employment Insurance Act, 1996.
Clause 73(9)(d) amended: O.I.C. 98-265, N.S. Reg. 40/98.
Clause 73(9)(e) repealed: O.I.C. 98-265, N.S. Reg. 40/98.
Subsection 73(9) added: O.I.C. 90-935, N.S. Reg. 213/90; amended: O.I.C. 98-265, N.S. Reg. 40/98.
Section 73 replaced: O.I.C. 88-154, N.S. Reg. 46/88; amended: O.I.C. 98-265, N.S. Reg. 40/98.
73A (1) An employee who has completed 12 months continuous employment and who has become a parent of one or more children through the birth of the child or children
(a) is entitled to an unpaid leave of absence of up to 17 weeks upon giving the Deputy Head 4 weeks’ written notice of the date the employee will begin the leave and the date the employee will return to work; and
(b) may amend the notice given pursuant to clause (a) in accordance with the provisions of subsections 73(8A) to (8C).
(2) Parental leave for an employee who has taken pregnancy leave pursuant to Section 73 and whose newborn child or children arrive in the employee’s home during the pregnancy leave,
(a) shall begin immediately upon completion of the pregnancy leave and without the employee returning to work; and
(b) shall end not later than 35 weeks after the parental leave began, as determined by the employee, subject to the notice requirements set out in subsections 73(8A) to (8C).
Clause 73A(2)(b) amended: O.I.C. 2003-325, N.S. Reg. 134/2003.
(3) For an employee other than one to whom Section 73 applies, parental leave
(a) shall begin on a date coinciding with or after the birth of the child or children; and
(b) shall end not later than 52 weeks after the child or children first arrive in the employee’s home.
Clause 73A(3)(b) replaced: O.I.C. 2003-325, N.S. Reg. 134/2003.
(4) The employer may require an employee who takes parental leave pursuant to this Section to submit a certificate of a legally qualified medical practitioner to establish the entitlement of the employee to the parental leave.
(5) An employee returning to work following leave as provided by this Section shall resume work in the position held prior to the commencement of the parental leave, with no loss of benefits accrued to the commencement of the parental leave.
(6) While an employee is on parental leave, the employee’s then existing coverage for medical, extended health, group life assurance and any other employee benefit plan shall continue, and the employer shall continue to pay its share of premium costs for maintaining such coverage during the period of parental leave, provided that the employee continues to pay the employee share for such coverage.
(7) While on parental leave, an employee shall continue to accrue and accumulate service for the duration of leave, and service shall be deemed to be continuous except that service accumulated during parental leave shall not be credited for the purpose of vacation entitlement.
(8) For the purposes of calculating vacation entitlement during the year in which parental leave is taken, 1 month of service shall be credited to an employee who does not receive salary for a total of 17 days or more during the first and last calendar months of the parental leave granted under this Section.
(9) Where an employee has commenced the parental leave pursuant to this Section and the child to whom the parental leave relates is hospitalized for a period exceeding or likely to exceed 1 week, the employee is entitled to return to and resume work and defer the unused portion of the parental leave until the child is discharged from the hospital, upon giving the Deputy Head at least 2 weeks’ notice of the date the leave is to resume, but is entitled to only 1 such interruption and deferral of parental leave.
Section 73A added: O.I.C. 98-265, N.S. Reg. 40/98.
[Please note: O.I.C. 91-31, N.S. Reg. 7/91, provides that the provisions regarding “maternity leave” apply to employees in the public service who have been appointed as such by Order in Council or by a Minister presiding over a department of government.]
74 (1A) An employee who has completed 12 months continuous employment and who has become a parent of one or more children through the placement of a child or children in care of the employee for the purpose of adoption pursuant to the laws of the Province
(a) is entitled to an unpaid leave of absence for a period not to exceed 52 weeks upon giving the Deputy Head 4 weeks’ written notice of the date the employee will begin the leave and the date the employee will return to work; and
Clause 74(1A)(a) amended: O.I.C. 2003-325, N.S. Reg. 134/2003.
(b) may amend the notice given pursuant to clause (a) upon giving the Deputy Head notice 4 weeks in advance or as soon as is reasonably practicable if the first arrival of the child or children in the employee’s home is not anticipated or occurs sooner than reasonably expected.
Subsection 74(1A) added: O.I.C. 98-265, N.S. Reg. 40/98.
(1B) The Deputy Head shall require an employee who requests adoption leave pursuant to this Section to submit a certificate of an official in the Department of Community Services to establish the entitlement of the employee to the adoption leave.
Subsection 74(1B) added: O.I.C. 98-265, N.S. Reg. 40/98.
(1C) The adoption leave shall begin on a date coinciding with the arrival of the child or children in the employee’s home and shall end not later than 52 weeks from the date the adoption leave began.
Subsection 74(1C) added: O.I.C. 98-265, N.S. Reg. 40/98; amended: O.I.C. 2003-325, N.S. Reg. 134/2003.
Subsection 74(1) repealed: O.I.C. 98-265, N.S. Reg. 40/98.
(2) Where both of the adopting parents are employees of the Deputy Head, only one of the adopting parents is entitled to leave as provided herein.
Subsection 74(2) amended: O.I.C. 96-679, N.S. Reg. 148/96.
(2A) An employee shall be granted leave with pay for one day for the purpose of adoption of a child pursuant to the laws of the Province, which leave may be divided into two periods and granted on separate days provided that where both of the adopting parents are employees of the employer, leave taken by either one or both parents, shall not exceed one day.
Subsection 74(2A) added: O.I.C. 90-935, N.S. Reg. 213/90; amended: O.I.C. 98-265, N.S. Reg. 40/98.
(3) An employee returning to work following leave as provided herein shall resume work in the same position held by the employee prior to the commencement of the leave, with no loss of benefits accrued to the date of commencement of the leave.
(3A) While an employee is on adoption leave, the employee’s then existing coverage for medical, extended health, group life assurance and any other employee benefit plan shall continue, and the employer shall continue to pay its share of premium costs for maintaining such coverage during the period of adoption leave, provided that the employee continues to pay the employee share for such coverage.
Subsection 74(3A) added: O.I.C. 98-265, N.S. Reg. 40/98.
(3B) While on adoption leave, an employee shall continue to accrue and accumulate service for the duration of leave, and service shall be deemed to be continuous except that service accumulated during adoption leave shall not be credited for the purpose of vacation entitlement.
Subsection 74(3B) added: O.I.C. 98-265, N.S. Reg. 40/98.
(3C) For the purposes of calculating vacation entitlement during the year in which adoption leave is taken, 1 month of service shall be credited to an employee who does not receive salary for a total of 17 days or more during the first and last calendar months of the adoption leave granted under this Section.
Subsection 74(3C) added: O.I.C. 98-265, N.S. Reg. 40/98.
(3D) An employee entitled to adoption leave under this Section who provides the Deputy Head with proof that the employee has applied for and is eligible to receive employment insurance (EI) benefits pursuant to the Employment Insurance Act, 1996, shall be paid an allowance in accordance with the Supplementary Unemployment Benefit (SUB) Plan, as follows:
(a) where the employee is subject to a waiting period of 2 weeks before receiving EI benefits, payments equivalent to 75% of the employee’s weekly rate of pay for each week of the 2 week waiting period, less any other income earned by the employee during the benefit period;
(b) up to a maximum of 15 additional weeks, payments equivalent to the difference between the weekly EI benefits the employee is eligible to receive and 93% of the employee’s weekly rate of pay, less any other income earned by the employee during the benefit period which may result in a decrease in the EI benefits.
Subsection 74(3D) added: O.I.C. 98-265, N.S. Reg. 40/98; amended: O.I.C. 2003-325, N.S. Reg. 134/2003.
(3E) For the purpose of the allowance described in subsection (3D), an employee’s weekly rate of pay will be one-half the bi-weekly rate of pay to which the employee is entitled for the employee’s classification on the day immediately preceding the commencement of the adoption leave and in the case of a part-time employee, such weekly rate of pay will be multiplied by the fraction obtained from dividing the employee’s time worked (as defined for the purposes of accumulating service) averaged over the preceding 26 weeks by the regularly scheduled full-time hours of work for the employee’s classification.
Subsection 74(3E) added: O.I.C. 98-265, N.S. Reg. 40/98.
(3F) Where an employee becomes eligible for a salary increment or pay increase during the benefit period, payments under the SUB Plan will be adjusted accordingly.
Subsection 74(3F) added: O.I.C. 98-265, N.S. Reg. 40/98.
(3G) The employer will not reimburse the employee for any amount the employee is required to remit to Human Resources Development Canada where the employee’s annual income exceeds 1 1/2 times the maximum yearly insurable earnings under the Employment Insurance Act, 1996.
Subsection 74(3G) added: O.I.C. 98-265, N.S. Reg. 40/98.
Section 74 replaced: O.I.C. 88-154, N.S. Reg. 46/88.
75 An employee whose spouse gives birth to a child shall be granted special leave with pay up to a maximum of one day on the occasion of the birth. This leave may be divided into two periods and granted on separate days.
Section 75 amended: O.I.C. 98-265, N.S. Reg. 40/98.
76 An employee shall be granted leave of absence with pay up to two days for a critical condition which requires his personal attention resulting from an emergency which cannot be served by others or attended to by the employee at a time when he is normally off duty.
77 (1) The Deputy Head may grant special leave with pay to a maximum of 3 days to an employee in the case of illness of a member of the employee’s immediate family, meaning spouse, son, daughter, parent, or relative who permanently resides with the employee or with whom the employee permanently resides, for whose needs no one other than the employee can provide.
(2) The Deputy Head may require proof of the need for special leave referred to in subsection (1), as the Deputy Head considers necessary.
Section 77 replaced: O.I.C. 2003-325, N.S. Reg. 134/2003.
78 (1) Leave of absence with pay shall be given to every employee, other than an employee on leave of absence without pay, or under suspension, who is required
(a) to serve on a jury; or
(b) by subpoena or summons to attend as a witness in any proceeding held
- in or under the authority of a court; or
- before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it; or
- before a legislative council, legislative assembly or any committee thereof that is authorized by law to compel the attendance of witnesses before it.
(2) Any employee given leave of absence with pay to serve on a jury pursuant to this Regulation shall have deducted from his salary an amount equal to the amount that the employee receives for such jury duty.
79 (1) Every employee is entitled to special leave with pay for a period of up to 5 consecutive working days, in the event of the death of a member of the employee’s immediate family.
(2) For the purposes of subsection (1), a member of an employee’s immediate family is the employee’s father, mother, step-parent, brother, sister, spouse, child, father-in-law, mother-in-law, stepchild, ward, grandparent or grandchild, or a relative of the employee who permanently resides in the employee’s household or with whom the employee permanently resides.
(3) Every employee is entitled to special leave with pay for a period of up to 3 consecutive working days in the event of the death of the employee’s son-in-law or daughter-in-law.
(4) Every employee is entitled to special leave with pay up to a maximum of 1 day in the event of the death of the employee’s brother-in-law or sister-in-law, and may be granted special leave with pay up to a maximum of 2 additional days for travel.
Section 79 replaced: O.I.C. 2003-325, N.S. Reg. 134/2003.
80 (1) Where operational requirements permit, an employee may be granted leave of absence with pay to a maximum of two weeks for the purpose of taking military training or serving military duty.
(2) An employee who is given leave of absence with pay pursuant to this Regulation shall have deducted from his salary an amount equal to the amount paid by the Department of National Defence to him as salary.
(3) Where an employee uses vacation entitlement for the purpose of taking military training or serving military duty pursuant to this Regulation, he shall receive full salary from the Province notwithstanding amounts paid to him by the Department of National Defence.
81 Employees classified under the Maintenance Management Classification and Pay Plan required to work forty hours per week, exclusive of meal break, shall be entitled to five additional days leave with pay each year.
82 (1) Full-time permanent employees may participate in a prepaid leave plan, hereinafter referred to as “the plan”, by taking up to a one year leave of absence financed through deferral of salary, as provided in this Regulation.
Subsection 82(1) amended: O.I.C. 98-265, 40/98.
(2) An application for approval to participate in the plan must be made in writing to the Deputy Head of the Department at least four calendar months in advance of the starting date.
(3) The Deputy Head shall notify the applicant in writing of the approval or rejection of the application and if the application is rejected, the employee is entitled to reasons therefor.
(4) Approval shall not be unreasonably withheld.
(5) Prior to enrolment in the plan the employee shall enter into a written agreement with the Deputy Head setting out the terms, which must not be inconsistent with these regulations, of the employee’s participation in the plan.
Subsection 82(5) amended: O.I.C 96-679, N.S. Reg. 148/96.
(6) Where leave is approved and a written agreement is entered into,
(a) the employee shall, starting on a pre-determined date, be paid a salary reduced as agreed for the duration of the deferral period under the plan;
(b) the employer shall retain the deferred percentage of the employee’s salary plus accrued interest earned during the deferral period, for payment to the employee during the leave period;
(c) the interest to be paid on the deferred salary shall be calculated monthly, and the interest rate shall be the average of the interest rates in effect, on the last day of each month, for a one year term deposit, a three year term deposit and a five year term deposit paid by the financial institution at which the deferred salary account is maintained;
(d) interest shall be based upon the average daily balance of the account and shall be credited to the employee’s account on the first day of the following month;
(e) employees shall be entitled to a yearly statement of the amount of the balance available for deferred salary including interest earned;
(f) the maximum length of any agreement under the plan is seven years, and the maximum length of the deferral period is six years;
(g) the maximum amount of deferred salary in any one year is thirty-three and one-third percent.
(7) During the deferral period under the plan, salary related benefits shall continue to be based on the salary the employee would have received except for enrolment in the plan.
(8) During the period of leave under the plan
(a) payments out of deferred salary constitute salary and are subject to withholding for income taxes, Canada Pension Plan and Unemployment Insurance premiums payable at that time;
(b) employment benefits, including pensionable service under the Public Service Superannuation Act, shall continue, with all salary related benefits to be based on the salary the employee would have received except for enrolment in the plan, with appropriate deductions from salary to be made to pay for both the employer’s and the employee’s contributions other than on account of pension, for which contributions shall continue to be cost shared;
(c) service shall continue to accrue and accumulate, except that service accumulated during the leave shall not be credited for the purpose of vacation or short term illness entitlement;
(d) employees shall not be entitled to sick leave or vacation.
(9) Upon completion of prepaid leave, the employee shall return to the position held by the employee prior to the commencement of the leave.
(10) Where the employee’s position no longer exists, the employee will be governed by the appropriate provisions of these regulations pertaining to layoff.
(11) An employee returning from prepaid leave shall return to regular full-time employment with the employer for a period that is not less than the period of leave.
(12) Where there are unusual or extenuating circumstances, such as, but not limited to, financial hardship, serious illness or disability, death or serious illness in the family, or termination of employment, an employee may withdraw from the plan by writing to the Deputy Minister detailing the reasons for the withdrawal.
(13) Where an employee withdraws from the plan, the employee shall be paid, within 60 days from the date of withdrawal from the plan, a lump sum payment equal to the balance in the employee’s deferred salary account.
(14) Layoff from employment or termination of employment shall terminate enrolment in the plan.
(15) If an employee dies while participating in the plan, the balance in the employee’s deferred salary account shall be paid to the employee’s estate within sixty days from the date of receipt by the Deputy Minister of notice of the employee’s decease.
Section 82A added: O.I.C. 91-1228, N.S. Reg. 222/91; original Section 82 repealed, Section 82A renumbered 82: O.I.C. 96-679, N.S. Reg. 148/96.
Staff training and development
83 (1) Deputy Heads and delegated officials shall, with the assistance of the Commission and in accordance with guidelines issued by the Commission, make available appropriate training programs to enable employees to perform present and future duties more effectively.
(2) The Deputy Head may grant special leave of absence for educational purposes, upon such terms and conditions as the Deputy Head prescribes, with full pay, part pay or without pay.
Subsection 83(2) replaced: O.I.C. 96-679, N.S. Reg. 148/96.
84 (1) (a) Effective May 2, 2002, an employee who ceases to be employed either by retirement or resignation from employment, and who is immediately eligible for and immediately accepts a pension pursuant to the Public Service Superannuation Act, shall be granted a public service award equal to 1 week’s pay for each full year of service to a maximum of 26 years and proportionately less for a partial year of service.
Clause 84(1)(a) replaced: O.I.C. 2003-325, N.S. Reg. 134/2003.
(b) Despite clause (a), an employee who receives a severance allowance pursuant to subsection 90(7) is not entitled to a public service award.
Clause 84(1)(b) added: O.I.C. 2003-325, N.S. Reg. 134/2003.
(c) The amount of public service award provided under Regulation (1)(a) shall be calculated by the formula:
Bi-weekly salary = 1 week
2
Clause 84(1)(b) relettered (c): O.I.C. 2003-325, N.S. Reg. 134/2003.
Subsection 84(1) replaced: O.I.C. 84-752, N.S. Reg. 127/84.
(1A) Effective April 1, 1994, no new advances on public service awards shall be granted.
Subsection 84(1A) added: O.I.C. 94-899, N.S. Reg. 201/94.
(2) (a) The entitlement of an employee to a public service award shall be based upon the employee’s period of service as defined in Regulation 1(h), effective January 1, 1975.
(b) In addition to the months of service upon which an employee’s public service award entitlement is calculated pursuant to clause (a), the months of prior war service purchased by the employee in accordance with Section 11 of the Public Service Superannuation Act shall be included as months of service for the purpose of public service award entitlement calculation.
Subsection 84(2) replaced: O.I.C. 86-1087, N.S. Reg. 243/86.
(3) Notwithstanding subsection (2), an employee appointed prior to January 1, 1975, shall have an entitlement to a public service award that shall be based upon the period of service credited to and paid for by him under the Public Service Superannuation Act or the period of service defined in Regulation 1(h), whichever is greater.
Subsection 84(3) replaced: O.I.C. 84-752, N.S. Reg. 127/84.
(3A) Despite clause (2)(a), effective March 9, 2001, non-civil service employment in a municipal correctional facility listed in Appendix “B” shall only be included as service for the purpose of public service award entitlement calculation in circumstances where the former municipal employer did not provide or is not obligated to provide the employee with a comparable service award or severance payment based on employment service with the municipal employer.
Subsection 84(3A) replaced: O.I.C. 2003-325, N.S. Reg. 134/2003.
(3B) If an award or payment by a former municipal employer as referred to in subsection (3A) has been paid or is payable at a future date, the amount of the public service award entitlement under the regulations shall be reduced by the amount of the award or payment.
Subsection 84(3B) added: O.I.C. 2003-325, N.S. Reg. 134/2003.
(4) Where an employee dies and he would have been entitled to receive a public service award, if he had retired from the public service immediately before his death, the public service award to which he would have been entitled shall be paid
(a) to his beneficiary under the Master Group Life Insurance Policy of the Prudential Assurance Company Limited No. 4,868,900; or
(b) to his estate if there is no such beneficiary.
Subsection 84(4) replaced: O.I.C. 84-752, N.S. Reg. 127/84.
(5) Where the person to whom a public service award is payable has not attained the age of nineteen years or in the opinion of the Governor in Council is not capable of managing his affairs by reason of infirmity, illness or other cause, the public service award shall be paid to such person as the Governor in Council directs as trustee for the benefit of the person entitled to receive the award.
Subsection 84(5) replaced: O.I.C. 84-752, N.S. Reg. 127/84.
(6) The salary which shall be used to calculate the amount of the public service award in accordance with this Regulation shall be the salary which the employee was receiving on the date of the termination of employment, or the salary used in the calculation of a pension under the Public Service Superannuation Act, whichever is greater.
Subsection 84(6) replaced: O.I.C. 84-752, N.S. Reg. 127/84; amended: O.I.C. 98-265, N.S. Reg. 40/98.
Section 85 repealed: O.I.C. 98-265, N.S. Reg. 40/98.
[Please note: O.I.C. 91-31, N.S. Reg. 7/91, provides that the provisions regarding public service awards apply to employees in the public service who have been appointed as such by Order in Council or by a Minister presiding over a department of government.]
86 (1) If an employee desires to terminate his employment, he shall forward a letter of resignation to the Deputy Head not less than
(a) five days if the employee has been employed less than two years; or
(b) ten days if the employee has been employed two years or more;
prior to the effective date of termination, provided, however, that the Deputy Head may accept a shorter period of notice.
(2) The Deputy Head shall forthwith notify the Commission of the termination and shall forward the letter of resignation to the Commission.
87 (1) A Deputy Head may terminate the employment of an employee who has been confirmed in a position on a permanent basis for wilful misconduct, disobedience, neglect of duty or incompetence.
(2) A Deputy Head who terminates the employment of an employee as provided for in subsection (1) shall notify the employee in writing, by certified mail or personal service, within ten days of the effective date of the termination. The notification shall set forth the reasons for the termination and a copy of the notification shall immediately be forwarded to the Commission.
(3) A Deputy Head may terminate the employment of an employee appointed to a position on a temporary, probationary or term basis for wilful misconduct, disobedience, neglect of duty or incompetence.
(4) A Deputy Head who terminates the employment of an employee as provided for in subsection (3), shall notify the employee in writing and shall immediately forward a copy of the notification to the Commission.
(5) A Deputy Head may terminate the employment of an employee appointed to a position on a temporary, probationary or term basis for reasons other than wilful misconduct or disobedience or neglect of duty or incompetence.
(6) A Deputy Head who terminates the employment of an employee as provided for in subsection (5), shall notify the employee in writing not less than
(a) ten days prior to the effective date of the termination if the employee has been employed less than five years; or
(b) twenty days prior to the effective date of the termination if the employee has been employed five years or more.
A copy of the notification shall immediately be forwarded to the Commission.
88 Notwithstanding Regulation 87(6), if the employment of ten or more employees appointed to positions on a term basis is to be terminated within any period of four weeks or less, the Deputy Head shall recommend the termination of the appointments to the Commission not less than
(a) eight weeks if the employment of ten or more employees and fewer than one hundred employees is to be terminated;
(b) twelve weeks if the employment of one hundred or more employees and fewer than three hundred employees is to be terminated;
(c) sixteen weeks if the employment of three hundred or more employees is to be terminated;
prior to the effective day of termination.
89 Notwithstanding Regulations 87 and 88, the employment of an employee appointed to a position on a temporary, probationary or term basis may be terminated forthwith where the Deputy Head notifies the Commission and notifies the employee in writing to that effect and provides leave with pay for the period of notice that the employee is entitled to receive under Regulation 87(6) and 88.
90 (1) Where a Deputy Head decides to lay off an employee, the Deputy Head shall notify the employee in writing, by certified mail or personal service, of the layoff and the reasons for the layoff.
(2) A notice of layoff pursuant to subsection (1) shall provide eight weeks’ notice of the layoff.
(3) Upon expiration of the eight weeks’ notice referred to in subsection (2), the employment of the employee shall thereupon be deemed to be terminated.
(4) A person whose employment is deemed terminated pursuant to subsections (3) or (12) shall be on layoff status for a period of six months following the date of termination during which period the person shall be
(a) entitled to enter any competition and be assessed for selection as if still employed; and
(b) responsible to become acquainted with the various competitions being held and to submit applications in respect thereof.
(5) The Commission shall maintain a list of persons on layoff status, and endeavour to place them in vacant positions for which they are qualified.
(6) The layoff status shall come to an end, and all re-employment rights lapse six months after deemed termination.
(7) Upon expiration of the layoff status or upon resignation where an employee who has received a layoff notice resigns from employment, the employer shall pay a severance allowance equivalent to
(a) one-half month’s pay for three years but less than 10 years of employment;
(b) one month’s pay for ten years but less than fifteen years of employment;
(c) two month’s pay for fifteen years but less than twenty years of employment;
(d) three month’s pay for twenty years but less than twenty-five years of employment;
(e) four month’s pay for twenty-five years but less than thirty years of employment;
(f) five month’s pay for thirty or more years of employment.
Subsections 90(7A)-(11) repealed: O.I.C. 2000-316, N.S. Reg. 110/2000.
(8) Despite subsections (2) and (3), the Deputy Head may provide payment to the employee in an amount equal to eight weeks’ pay whereupon the employment of the employee shall be deemed to be terminated.
Subsection 90(12) renumbered (8): O.I.C. 2000-316, N.S. Reg. 110/2000.
(9) A payment pursuant to subsection (12) shall not impair any existing public service superannuation and public service entitlement.
Subsection 90(13) renumbered (9): O.I.C. 2000-316, N.S. Reg. 110/2000.
(10) Where one or more employees are to be laid off and there are other employees under the jurisdiction of the Deputy Head in a similar position of the same occupations nature and level, the Deputy Head shall make the determination on the basis of qualifications and ability, and when in the opinion of the Deputy Head the qualifications and ability of the employees are equal, length of service shall be the deciding factor.
Subsection 90(14) renumbered (10): O.I.C. 2000-316, N.S. Reg. 110/2000.
Section 90 replaced: O.I.C. 92-105, N.S. Reg. 41/92.
[Please note: O.I.C. 94-116, N.S. Reg. 22/94, provides that the provisions regarding severance allowance payments and recovery in Section 90 apply to highway superintendents and foremen employed at the Department of Transportation and Public Works.]
90A (1) There will be a Transition Support Program in effect from April 1, 2000, to August 31, 2002.
Subsection 90A(1) amended: O.I.C. 2002-123, N.S. Reg. 30/2002; O.I.C. 2002-324, N.S. Reg. 89/2002.
(2) An employee who receives a layoff notice dated between April 1, 2000, and August 31, 2002, both dates inclusive, issued in the course of government restructuring shall be eligible to elect to participate in the Transition Support Program within 10 days of the receipt of the layoff notice.
Subsection 90A(2) amended: O.I.C. 2002-123, N.S. Reg. 30/2002; O.I.C. 2002-324, N.S. Reg. 89/2002.
(3) Despite subsection (2), a person deemed to be laid off pursuant to Section 16 of the regulations respecting disability income protection approved by Order in Council 85-1054 dated September 26, 1985, shall not be eligible to elect to participate in the Transition Support Program.
(4) An employee who elects to participate in the Transition Support Program shall no longer be entitled to receive a Public Service Award pursuant to Section 84 and shall specifically release any such right.
(5) Upon election to participate in the Transition Support Program, an employee shall resign from the civil service.
(6) An employee whose resignation pursuant to subsection (5) is accepted shall be entitled to Transition Support Program benefits during the severance payment period.
(7) The severance payment period shall be equivalent to 4 weeks per each full year of service and pro-rated on the basis of months of service for a partial year, but in no case shall the severance payment period be greater than 52 weeks nor less than 8 weeks.
(8) During the severance payment period, Transition Support Program benefits shall include
(a) the severance allowance payable pursuant to subsection 90(7) plus an additional amount of severance equal to the remainder of the severance payment period;
(b) appropriate re-training and Employee Assistance Program services, as determined by the Department; and
(c) continued group life and health insurance benefits, in accordance with the Province of Nova Scotia Civil Service Group Life and Consolidated Group Health Plans.
(9) The sum payable pursuant to subsection (8) shall be based on the regular rate of pay applicable on the effective date of resignation.
(10) The sum payable pursuant to subsection (8) may be paid in either a lump sum or bi-weekly payments at the election of the individual.
(11) No person shall be re-employed as a civil servant or member of a Government bargaining unit during the severance payment period.
(12) Despite subsection (11), a person may be re-employed as a civil servant or member of a Government bargaining unit during the severance payment period if the portion of severance allowance that corresponds to the unexpired portion of the severance payment period is either withheld or recovered by the employer.
Section 90A added: O.I.C. 2000-316, N.S. Reg. 110/2000.
91 If an employee, because of physical or mental incapacity is incapable of performing and will be unlikely to be capable of performing the duties of the position to which he has been appointed or of another position in the civil service, his employment may, on the recommendation of the Head of the Department and the Commission, and with the approval of the Governor in Council, be terminated.
92 An employee who is absent from his employment without permission for ten consecutive days shall be deemed to have resigned his position effective the first day of his absence and the Deputy Head shall immediately notify the Commission of the circumstances provided, however, that he may be reinstated if he establishes to the satisfaction of the Commission that his absence arose from a cause beyond his control and it was not possible for him to notify the Department of the reason for his absence.
93 An employee shall obey instructions given to him by his immediate superior. If he considers the instructions unreasonable or unjust he may report the circumstances to the Deputy Head. If he is not satisfied with the ruling of the Deputy Head he may report the circumstances to the Head of the Department or to the Commission.
93ASections 94 and 95 apply to employees who are not members of the bargaining unit.
Section 93A added: O.I.C. 2004-209, N.S. Reg. 156/2004.
94 (1) An employee who is dissatisfied with a decision of an official authorized by a Deputy Head under Section 26 of the Act respecting suspension, may appeal the decision by submitting a notice of appeal in writing stating the grounds of appeal to the Deputy Head within 30 days of receiving the decision.
(2) Within 10 working days of receiving a notice of appeal under subsection (1), a Deputy Head shall
(a) confirm the suspension;
(b) reverse the suspension;
(c) vary the suspension; or
(d) substitute a lesser penalty,
and notify the employee of the decision in writing, together with reasons.
Section 94 replaced: O.I.C. 2004-209, N.S. Reg. 156/2004.
95 (1) Except as provided in subsection (4), an employee who is dissatisfied with a decision of a Deputy Head
(a) under subsection 94(2) or subsection (11) respecting an appeal;
(b) under Section 26 of the Act respecting suspension; or
(c) under Section 27 of the Act respecting dismissal,
may appeal the decision by submitting a notice of appeal in writing stating the grounds of appeal to the Commissioner within 30 days of receiving the decision.
(2) An employee in the Crown Attorney Pay Plan who is dissatisfied with a decision of the Deputy Head to issue a documented reprimand may appeal the decision by submitting a notice of appeal in writing stating the grounds of appeal to the Commissioner within 30 days of the Deputy Head issuing the documented reprimand.
(3) An appeal under subsection (1) or (2) shall be heard within 30 days of the Commissioner receiving the notice of appeal, by a Disciplinary Appeal Panel consisting of the Commissioner, who shall act as Chair of the panel, and 2 other Deputy Heads designated by the Commissioner in consultation with the employee, neither of whom made the decision appealed from.
(4) If a decision referred to in subsection (1) is a decision of the Commissioner, the employee may appeal the decision by submitting a notice of appeal in writing stating the grounds of appeal to the Deputy Minister of Justice within 30 days of receiving the decision.
(5) An appeal under subsection (4) shall be heard within 30 days of the Deputy Minister of Justice receiving the notice of appeal, by a Disciplinary Appeal Panel consisting of the Deputy Minister of Justice, who shall act as Chair of the panel, and 2 other Deputy Heads, other than the Commissioner, designated by the Deputy Minister of Justice in consultation with the employee.
(6) When hearing an appeal under this Section, a Disciplinary Appeal Panel
(a) may decide on the relevance and admissibility of evidence and is not bound by the rules of evidence applicable to judicial proceedings;
(b) may require that evidence be given under oath or solemn affirmation;
(c) shall allow the parties the opportunity for cross examination, rebuttal and summation;
(d) shall allow the employee to be represented by counsel but the costs of such representation shall be borne by the employee;
(e) may retain counsel for the Panel;
(f) may require [that] the proceedings be recorded; and
(g) may order such adjournments as it considers necessary.
(7) Within 10 working days of hearing an appeal under this Section, a Disciplinary Appeal Panel shall
(a) confirm the decision to suspend, dismiss or issue a documented reprimand;
(b) reverse the decision to suspend, dismiss or issue a documented reprimand;
(c) vary the decision to suspend, dismiss or issue a documented reprimand;
(d) refer the matter back to the Deputy Head who made the decision to suspend, dismiss or issue a documented reprimand, with recommendations for further consideration and decision,
and notify the employee of the decision in writing, together with reasons.
(8) A decision of the majority of the members of a Disciplinary Appeal Panel is the decision of the panel.
(9) A decision of a Disciplinary Appeal Panel is final and binding.
(10) For the purposes of a hearing under this Section, a Disciplinary Appeal Panel has and may exercise all of the powers, privileges and immunities of a commissioner pursuant to the Public Inquiries Act.
(11) If a Disciplinary Appeal Panel decides to refer a matter back to a Deputy Head in accordance with clause (7)(d), the Deputy Head shall notify the employee of the decision in writing, together with reasons, within 10 working days of receiving the referral.
(12) An appeal under subsection (1), (2) or (4) does not stay a decision of a Deputy Head or the Commissioner.
Section 95 replaced: O.I.C. 2004-209, N.S. Reg. 156/2004.
96 It is a condition of employment that deductions may be made from the salary of an employee in respect to a plan of benefits for employees approved by the Governor in Council.
97 Any absence not provided for by these regulations shall be without pay.
98 A person who has been granted special leave or sick leave shall, during his period of absence, be deemed to be continuously employed unless the terms under which the leave was granted otherwise provide.
99 The Commission shall give notice of an appointment, a change in employment status, a change in salary and the termination of employment to
(a) the employee affected;
(b) the Deputy Head of the Department to which the employee is assigned; and
(c) such other persons or agencies as may require such notice, subject to the provisions of the Freedom of Information Act.
100 The Commission, with the approval of the Governor in Council, may from time to time as it deems necessary determine car mileage/kilometrage rates and allowances for employees and may make changes in these rates and allowances.
101 Whenever the Government of Nova Scotia enters into an agreement with another jurisdiction to assume the responsibility for a function or program, the Commission shall establish terms and conditions of employment for the employees so affected with the approval of Management Board.
102 All regulations heretofore made by the Commission are repealed.
Department of Agriculture & Marketing
Department of [Justice and] Attorney General
Department of Consumer Affairs [Service Nova Scotia and Municipal Relations]
Department of Development [Office of Economic Development]
Department of Education
Department of Finance
Department [Office] of Fisheries [and Aquaculture]
Department of [Environment and] Labour & Manpower
Department Lands & Forests [Natural Resources]
Department of Mines & Energy
Department of Municipal Affairs [Service Nova Scotia and Municipal Relations]
Department of Government Services [Transportation and Public Works]
Department of Health
Department of Transportation [and Public Works]
Department of Recreation, Culture & Fitness [Tourism, Culture and Heritage]
Department of Social [Community] Services
Department of Tourism[, Culture and Heritage]
Auditor General
Department of [Justice and] Attorney General (Salvage Yards Licensing Act, Gasoline Licensing Act, Motor Carrier Act - administration only)
Civil [Public] Service Commission
Office of Communications Policy [Communications Nova Scotia]
Executive Council Office
Government House
Human Rights Commission
Legislative Counsel, House of Assembly
Nova Scotia Commission on Drug Dependency [Department of Health]
Nova Scotia Government Purchasing Agency [Department of Transportation and Public Works]
Nova Scotia Hospital
Nova Scotia Housing Commission [Service Nova Scotia and Municipal Relations]
Office of Ombudsman
[Treasury and] Policy Board
Premier’s Office
Protocol Office [Department of Intergovernmental Affairs]
Management Board [Treasury and Policy Board]
Victoria General Hospital
Worker’s Compensation Appeal Board [Tribunal]
Municipal Finance Corporation
[Department of] Intergovernmental Affairs Office
Antigonish County Jail
Cape Breton County Correctional Centre
Colchester County Correctional Centre
Cumberland County Correctional Centre
Guysborough County Jail
Halifax County Correctional Centre
Hants County Jail
Inverness County Jail
Kings County Correctional Centre
Lunenburg County Jail
Queens County Jail
Richmond County Jail
Shelburne County Jail
Yarmouth County Jail
Appendix “B” added: O.I.C. 87-643, N.S. Reg. 105/87.
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