This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Personal Services Contract Regulations

made under

Section 15 of the

Public Service Act

R.S.N.S. 1989, c. 376

O.I.C. 2005-443 (effective January 1, 2006), N.S. Reg. 188/2005

as amended to O.I.C. 2016-264 (effective November 1, 2016), N.S. Reg. 234/2016

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Personal services contracts with departments and offices

Personal services contracts with government agencies

Routine access

Exemptions to these regulations

Application of regulations

Compensation frameworks

Schedule A Standard Employment Contract of Service

Citation

1 These regulations may be cited as the Personal Services Contract Regulations .

Definitions

2 In these regulations,

(a) “Civil Service” has the same meaning as in the Civil Service Act ;

(b) “compensation” means the annualized base salary and any other payments,

contributions or benefits required or potentially required to be made, paid or

provided by the employer to or on behalf of an employee under a personal

services contract;

(ba) “compensation framework” includes any policies, practices or plans that

describe compensation, including descriptions of classifications, salary scales,

pay for performance, bonuses, annual increments or cost of living adjustments;

(c) “department” means a government department listed in

Section 2 of the Public

Service Act ;

(d) “government agency” has the same meaning as in subsection 10(1) of the

Public Service Act ;

(e) “office” means an office of the public service created under

Section 4B of the

Public Service Act ;

(f) “personal services contract” means an agreement that establishes an

employment relationship between an individual and a department, office or

government agency, whether or not the terms are in writing, and includes an

amendment of or extension to the agreement;

(g) “routine access policy” means the policy of routinely or automatically releasing

in full or in

part certain types of administrative or operational records in

response to a request, without the need for a formal application for the records

under the Freedom of Information and Protection of Privacy Act .

Personal services contracts with departments and offices

(1) A personal services contract between an individual and a department or office must

be approved based on the amount of annualized compensation payable under the

contract, in accordance with the following table:

Approval of Personal Services Contract with Department or Office

Annualized Compensation

Required Approvals

$75 000 or less

Deputy Minister of department or

Deputy Head of office

More than $75 000

but less than $120 000

All of the following:

- Deputy Minister of department or

Deputy Head of office

- Deputy Minister of the Treasury Board

- Public Service Commissioner

$120 000 or more

One of the following:

- Executive Council

- Treasury Board

(2) A personal services contract between an individual and a department or office

(

a) must be in writing; and

(

b) except as provided in subsection (3), must be in the form set out in

Schedule

(3) A department or office may enter into a personal services contract that is not in the

form set out in

Schedule A if the form used for the contract is approved in

accordance with the following table:

Personal Services Contract with Department or Office –

Approval of Alternate Form of Contract

Annualized Compensation

Required Approvals

Less than $120 000

All of the following:

- Deputy Minister of department or

Deputy Head of office

- Deputy Minister of Treasury Board

- Public Service Commissioner

$120 000 or more

One of the following:

- Executive Council

- Treasury Board

(4) A personal services contract between an individual and a department or office that is

not approved in accordance with this

Section is of no force and effect.

(5) A copy of every executed personal services contract between an individual and a

department or office must be filed with the Public Service Commission.

Personal services contracts with government agencies

(1) A personal services contract between an individual and a government agency under

which the annualized compensation is more than $75 000 is of no force or effect

unless its terms are approved in accordance with this Section.

(2) A government agency must not begin recruiting an individual to enter into a personal

services contract with annualized compensation of more than $75 000 unless the

proposed terms of the personal services contract, including compensation, are

approved in accordance with the following table:

Approval of Terms of Personal Services Contract

with Government Agency

Annualized Compensation

Required Approvals

More than $75 000

but less than $120 000

Both of the following:

- Deputy Minister of Treasury Board

- Public Service Commissioner

$120 000 or more

One of the following:

- Executive Council

- Treasury Board

(3) A personal services contract may be entered into on the same terms that were

approved under subsection (2) without any further approval.

(4) A government agency negotiating a personal services contract must not agree to a

term that deviates from the original terms approved under subsection (2) unless the

new term is approved by the same authorities who approved the original terms under

subsection (2).

(5) The final terms of a personal services contract between an individual and a

government agency must be in writing, and copies must be filed with the Public

Service Commission and the Treasury Board.

Routine access

5 The terms contained in a personal services contract, other than personal information, must

be released under the routine access policy of a department, office or government agency.

Exemptions to these regulations

6 These regulations do not apply to any of the following:

(

a) a personal services contract that is approved by the Minister of Education in

accordance with subsection 64(3A) of the Education Ac t;

(

b) an employment relationship with an individual appointed to the Civil Service

who is not part of a bargaining unit;

(

c) an employment relationship governed by a collective agreement;

(

d) a personal services contract under which the compensation payable to the

individual is governed by a compensation framework approved by the

Executive Council;

(

e) a personal services contract to employ an individual in a particular occupation,

if the terms of the contract do not deviate from the contract template approved

by the Executive Council for employment in the particular occupation;

(

f) an employment relationship with an individual employed by a department or

office on a casual basis for less than 12 continuous months, if the terms and

conditions of employment do not exceed those available under the Labour

Standards Code .

Application of regulations

(1) These regulations apply to all personal services contracts that are entered into on or

after the effective date of these regulations.

(2) For greater certainty, these regulations apply to an amendment or extension that is

made on or after the effective date of these regulations to a personal services contract

that is in effect on the effective date of these regulations.

Compensation frameworks

8 A compensation framework must comply with the directives and policies issued by the

Treasury Board and must be filed with the Treasury Board Office annually and submitted

to the Treasury Board for review and approval

(

a) at least once every 5 years; and

(

b) at any other time on the request of [the] Treasury Board.

Schedule A

Standard Employment Contract of Service

This agreement is made this (date)

Between

Her Majesty the Queen in right of the Province of Nova

Scotia, as represented by (name) , Deputy Minister, (department)

(the “Employer”)

-and -

(employee name)

(the “Employee”)

The parties agree as follows:

1. The Employee agrees

(

a) to provide services as _______________ under the direction of (insert reporting title) ;

(

b) to work at least the minimum number of hours per week as required of full-time civil

servants; and

(

c) to be bound by the principles and purposes of all of the following:

(

i) Values, Ethics & Conduct: A Code for Nova Scotia’s Public Servants , as

prepared by the Public Service Commission, as amended from time to time,

(ii) the Government of Nova Scotia’s Conflict of Interest Policy, as amended from

time to time,

(iii) the Conflict of Interest Act ,

(iv) the Freedom of Information and Protection of Privacy Act ,

(

v) the Government of Nova Scotia’s Privacy Policy, as amended from time to

time.

2.1. In this section, “ confidential information ” means non-public information that meets any

of the following criteria:

(

a) it is marked “confidential” or with a similar legend;

(

b) it is disclosed in any other manner and identified as confidential at the time of

disclosure;

(

c) it is “personal information” as defined in the Freedom of Information and Protection

of Privacy Act ;

(

d) it would be recognized as confidential or proprietary by a reasonable person

considering the nature of the information and the circumstances of disclosure;

provided however, that the term “confidential information” shall not include any

information that the Employee can establish by competent evidence:

(

e) was publicly known and made generally available in the public domain before it was

disclosed to the Employee;

(

f) becomes publicly known and made generally available after disclosure by the

Employer to the Employee through no action or inaction of the Employee;

(

g) was in the possession of the Employee, without confidentiality restrictions, at the

time of disclosure by the Employer as shown by the Employee’s files and records in

existence before the disclosure; or

(

h) is independently developed by the Employee without use of a reference to the

Employer’s confidential information.

2.2. The Employee shall

(

a) review and follow all established policies, procedures and standards of the Employer

for ensuring the security of confidential information and shall take reasonable

precautions to protect all confidential information disclosed to the Employee from

any unauthorized or inadvertent disclosure;

(

b) keep all confidential information strictly confidential, and shall not, without the prior

written consent of the Employer, release, publish, disseminate or disclose any

confidential information to any party, unless the Employee is required to do so by

applicable law or in response to an order of a court of competent jurisdiction;

(

c) only use confidential information to carry out tasks assigned by the Employer in

relation to the Employee’s employment under this agreement; and

(

d) report any breach of the terms of this

section to the Employer immediately upon

becoming aware of such breach.

2.3. The Employee acknowledges that the Employer may be harmed if any provision of this

section is not complied with or performed by the Employee, and that the harm could not

be compensated reasonably or adequately in damages. The Employee further

acknowledges and agrees that the Employer is entitled to injunctive and other equitable

relief or other remedies to prevent or restrain a breach of any of the provisions of this

Section by the Employee, or to enforce the terms of this section.

2.4. Subsections 2.1 to 2.3 remain binding on the Employee after termination of this

agreement.

2.5. A violation by the Employee of subsection 2.2 may be considered just cause for

termination pursuant to subsection 6.1.

3.1 The Employer agrees to

(

a) pay a salary to the Employee of approximately $__________ per year before any

deductions required by law or this agreement;

(

b) grant the Employee vacation days earned at a rate of 1.25 days for each month of

employment, to be taken in the year the vacation entitlement is earned;

(

c) reimburse the Employee for all expenses incurred that would be reimbursed if the

expense was incurred by a civil servant;

(

d) grant the Employee the same holiday benefits granted to civil servants;

(

e) allow the Employee

(

i) to enroll in the Province of Nova Scotia Group Life Insurance Policy,

(ii) to receive insured health benefits under the Province of Nova Scotia

Consolidated Health Plan;

(

f) grant the Employee sick leave benefits at the rate of 1.5 days per month for each

month of service with the Employer to a maximum of 18 days per fiscal year

beginning April 1 and ending March 31; and

(

g) indemnify the Employee and to extend to the Employee the same protection against

liability from suits or claims brought against the Employee in respect of work

performed on behalf of the Province as the Employer would provide to a civil

servant.

3.2. The Employee agrees that the Employer reserves the right to publish or release the terms

and conditions of this agreement in whole or in

part in accordance with clause 20(4)(

f) of

the Freedom of Information and Protection of Privacy Act and the applicable

departmental Routine Access Policy, and same may be made public by the Employer as

the Employer considers fit in its sole discretion.

4. The Employee is not entitled to enroll in the Province of Nova Scotia Public Service Long

Term Disability Plan and is not, by this agreement or otherwise, a civil servant.

5. The term of this agreement is from (start date) to (end date) unless terminated earlier under

this agreement or extended by mutual agreement of the parties in writing.

6.1. Despite any other provision of this agreement, this agreement may be terminated, without

notice or compensation in lieu of notice, for just cause, which the parties agree includes

failure by the Employee to carry out the terms of this agreement.

6.2. This agreement may be terminated at any time and for any reason by either of the parties

giving the other party 30 days’ written notice to that effect.

6.3. If this agreement is terminated under subsection 6.1 or 6.2, the Employee must be paid the

sum or sums that have accrued under clause 3.1(

a) up to the date of termination, and such

sum or sums must be received by the Employee in full satisfaction and discharge of all

claims and demands against the Employer in respect of this agreement.

7. The parties agree that any recourse or remedy arising with this agreement arises from

contract, and that neither party has a claim or remedy, in damages or otherwise, in tort

arising from performance or non-performance of this agreement, except as provided for in

subsection 2.3.

8. All materials and information produced by the Employee in the performance of this

agreement, and all rights therein, belong to the Employer.

9. The Employer reserves the right to publish or release in whole or in part, to publish an

amended version of or not to publish or release at all, or to use or not to use as the

Employer considers fit, any research, reports, material, audio-visual materials or

information produced by the Employee in the performance of this agreement.

10. This agreement is not assignable.

11. Any discretionary authority or right under this agreement is not subject to the expectations,

reasonable or otherwise, of the parties and any action taken under a discretionary provision

is deemed to be an exercise in good faith.

12. No term or provision of this agreement is deemed waived and no breach excused, unless

the waiver or consent to the breach is in writing and signed by the party making the waiver

or giving the consent. Any waiver of a term or provision or consent to a breach, whether

express or implied, does not constitute a waiver of a different term or provision or consent

to a different or subsequent breach or continuation of the same breach unless expressly

stated.

13. If any term or provision of this agreement is found to be unenforceable or illegal, the rest

of the agreement remains in full force and effect except that the offending term or

provision is deemed to be removed from the agreement.

14. Any notice required to be given under this agreement shall be valid if given in writing by

pre-paid registered letter to the following applicable address:

To the Employer:

Commissioner, Public Service Commission

1800 Argyle Street, 5th Floor

PO Box 943

Halifax, Nova Scotia

B3J 2V9

To the Employee:

(employee name)

(employee address)

or to another address that is communicated in writing to the parties, and notice is deemed

to have been given 2 business days after the day the letter is posted. Nothing in this

agreement precludes the delivery of notices by means other than mailing.

15. Time is of the essence in this agreement.

16. The parties acknowledge that this agreement is of no force and effect unless approved as

required by the Public Service Act and regulations.

17. The Employee hereby certifies that they have reviewed and fully understand the terms of

this agreement.

18. This agreement is the entire agreement between the parties but for the policies and plans

referred to above. Any other agreement between the parties is void upon the signing of

this agreement and no changes may be made to this agreement except in accordance with

section 19.

19. This agreement can only be amended, supplemented or otherwise modified by written

agreement signed by both parties.

20. This agreement must be construed in accordance with the laws of the Province of Nova

Scotia.

The parties have executed this agreement on the date set out at the beginning of this agreement.

Signed in the presence of:

Witness

Employee

Her Majesty the Queen in the

Right of the Province of Nova Scotia

Per:

Witness

Deputy Minister, Finance and Treasury

Board

Witness

Commissioner, Public Service Commission

Per:

Witness

(name of deputy)

Deputy Minister, Originating Department

Legislative History

Reference Tables

Personal Services Contract Regulations

N.S. Reg. 188/2005

Public Service Act

Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Personal Services Contract Regulations made under the Public Service Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

188/2005

Jan 1, 2006

date specified

Oct 14, 2005

308/2011

Nov 24, 2011

date specified

Dec 16, 2011

234/2016

Nov 1, 2016

date specified

Nov 11, 2016

The following regulations are not yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

2(ba)

rs. 308/2011

ad. 308/2011

Schedule A

am. 308/2011, rs. 234/2016

“Treasury and Policy Board” replaced throughout with “Treasury Board”.............

am. 308/2011

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

The references to “Treasury Board”, “Treasury Board Office” and “Minister of Treasury Board” should be read as references to the Department of Finance and Treasury Board and Minister of Finance and Treasury Board in accordance with O.I.C. 2013-348 under the Public Service Act , R.S.N.S. 1989, c. 376.

Oct 22, 2013

The reference in clause 6(

a) to the Education Act , S.N.S. 1995-96, c. 1 (the former Act) should be read as a reference to the Education Act , S.N.S. 2018, c. 1,

Schedule A. Any cross-reference to a specific provision of the Education Act is a reference to the former Act.

April 1, 2018

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.