OIC Number: 2000 - 40

Date of Order: Feb 02, 2000

Statute: Public Prosecutions Act Civil Service Act Public Service Act

OIC Text: The Governor in Council on the report and recommendation of the Minister of Justice and the Minister of Human Resources dated January 27, 2000, pursuant to

Section 5(4) of

Chapter 21 of the Statutes of Nova Scotia, 1990, the Public Prosecutions Act,

Section 10 of

Chapter 70 of the Revised Statutes of Nova Scotia, 1989, the Civil Service Act,

Section 88 of

Chapter 376 of the said Revised Statutes, the Public Service Act, is pleased to: (1) appoint Martin Herschorn as Acting Director of Public Prosecutions, effective January 1, 2000; (2) fix and determine the salary of the Acting Director of Public Prosecutions to be at the level of the Director of Public Prosecutions; (3) determine that the person occupying the position of Acting Director of Public Prosecutions shall be deemed to be an employee for the purposes of the Public Service Superannuation Act; (4) acknowledge that Martin Herschorn will remain as Deputy Director of Public Prosecutions and will maintain his status as a civil servant in this position; (5) order that this appointment as Acting Director of Public Prosecutions will cease upon appointment of a Director of Public Prosecutions; (6) designate the Acting Director of Public Prosecutions as having the status of deputy head with all the related benefits; (7) amend paragraph (

a) of Order in Council 81-1097G dated August 28, 1981, as amended, respecting the retirement of senior public servants by adding "Director of Public Prosecutions" to the special class of persons listed therein; (8) order that Martin Herschorn shall have the right to retire under the provisions of

Section 88 of the Public Service Act and Order in Council 81-1097G only as of December 31, 2000; and (9) order that the conditions of paragraph (

b) of Order in Council 81-1097G will be deemed to have been fulfilled as of December 31, 2000, if Martin Herschorn has continued to be employed as Deputy Director of Public Prosecutions or Acting Director of Public Prosecutions up to and including that date.

Department(s): Human Resources Justice