THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, MONDAY, DECEMBER 19, 2016 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 81/16 NLR 82/16

Extraordinary Gazette December 19, 2016 3 NEWFOUNDLAND AND LABRADOR REGULATION 81/16 Public Sector Compensation Transparency Regulations under the Public Sector Compensation Transparency Act (O.C. 2016-277) (Filed December 19, 2016) Under the authority of

section 9 of the Public Sector Compensation Transparency Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, December 16, 2016 Bernard M. Coffey, Q.C. Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2. Definition 3. Threshold 4. Designated public body 5. Disclosure of specific amounts 6. Amounts rounded 7. Time limits 8. Disclosure re: exemptions

Schedule 1. These r egulations may be cited as the Public Sector Compensation Transparency Regulations. 2. In these regulations

Short title Definition

Public Sector Compensation Transparency Regulations 81/16 Extraordinary Gazette December 19, 2016 4 (a) "Act" means the Public Sector Compensation Transpar ency Act; (b) "base salary" means the amount of compens ation paid in a year to an employee for the performance of employment duties but does not include other com pensation paid to the employee; (c) "bonus" means an amount paid to an employee, in addition to his or her base salary, which is based on predetermined criteria; (d) "overtime pay" means an amount paid to an em ployee, in addition to his or her base sala ry, for the performance of employment duties in excess of his or her regularly scheduled work hours; (e) "retroactive salary" means the amount of compensation paid to an employee for adjustments to past salary; (f) "severance pay" means an amount paid on retirement, resignation or termination to an employee as an accrued benefit calculated as a number of weeks salary based upon the e mployee's length of employment but does not include pay in lieu of notice on dismissal or position elimination; (g) "shift premium" means an amount paid to an employee in addition to his or her base salary because his or her reg ular working hours are scheduled outsi de of normal operational hours or on weekends; and (h) "other compensation" means compensation included in tot al compensation other than base salary, overtime pay, b onuses, shift premiums, retroactive salary and severance pay. 3.

The threshold is $100,000. 4. An entity listed in the

Schedule is designated as a public body for the purpose of the Act. Threshold Designated public body Disclosure of specific amounts

Public Sector Compensation Transparency Regulations 81/16 Extraordinary Gazette December 19, 2016 5 5. In addition to the total compensation disclosed under sections 3 and 4 of the Act, the amounts for the following categories of compensation shall be specifically disclosed: (

a) base salary; (

b) overtime pay; (

c) bonuses; (

d) shift premium; (

e) retroactive salary; (

f) severance pay; and (

g) other compensation. 6. The amounts referred to in

section 5 shall be rounded to the nearest multiple of one hundred dollars. 7.

(1) The deputy minister of a department or chief executive officer of a public body shall provide written notice to all of the employees of the department or public body that the information in sections 3 and 4 of the Act will be disclosed 60 days from the date of the notice.

(2) An employee may file an application under subsection 7(1) of the Act within 14 days of his or her receipt of the written notice referred to in subsection (1).

(3) The deputy minister or chief executive officer shall provide his or her decision regarding the application within 14 days of receipt of the application.

(4) An employee who is dissatisfied with the decision of the deputy minister or chief executive officer may file an appeal under subsection 7(2) of the Act withi n 14 days of his or her receipt of the decision of the deputy minister or chief executive officer.

(5) The President of Treasury Board shall provide his or her decision regarding the appeal within 14 days of receipt of the appeal. Amounts rounded Time limits

Public Sector Compensation Transparency Regulations 81/16 Extraordinary Gazette December 19, 2016 6 8. The following information shall be included in disclosure under

section 9 of the Act: (

a) a statement that no information was exempted from disclosure under

section 7 of the Act where no information was exempted from disclosure under

section 7 of the Act; (

b) a statement that information regarding one employee was exempted from disclosure under

section 7 of the Act where information regarding one employee was exempted from disclosure under

section 7 of the Act; or (

c) a statement indicating the number of employees whose information was exempted from disclosure under

section 7 of the Act and the aggregate total compensation exempted from disclosure. Disclosure re: exemptions

Public Sector Compensation Transparency Regulations 81/16 Extraordinary Gazette December 19, 2016 7

Schedule Board of Commissioners of Public Utilities C.A.

Pippy Park Commission Central Regional Health Authority College of the North Atlantic Conseil scolaire francophone provincial de Terre-Neuve-et-Labrador Eastern Regional Health Authority Electoral Districts Boundaries Commission Government Purchasing Agency Human Rights Commission Independent Appointments Commission Labour Relations Board Labrador-Grenfell Regional Health Authority Marble Mountain Development Corporation Memorial University of Newfoundland Mental Health Review Board Multi-Materials Stewardship Board Municipal Assessment Agency Nalcor Energy and its subsidiaries Newfoundland and Labrador Centre for Health Information Newfoundland and Labrador English School District

Public Sector Compensation Transparency Regulations 81/16 Extraordinary Gazette December 19, 2016 8 Newfoundland and Labrador Film Development Corporation Newfoundland and Labrador Housing Corporation Newfoundland and Labrador Hydro Newfoundland and Labrador Liquor Corporation Newfoundland and Labrador Medical Care Plan NL 911 Bureau Inc.

Provincial Advisory Council on the Status of Women Provincial Information and Library Resources Board Public Service Commission Research & Development Corporation Royal Newfoundland Constabulary Student Loan Corporation of Newfoundland and Labrador The Rooms Corporation Western Regional Health Authority Workplace Health, Safety and Compensation Review Division Workplace NL ©Queen's Printer

Extraordinary Gazette December 19, 2016 9 NEWFOUNDLAND AND LABRADOR REGULATION 82/16 Workplace Health, Safety and Compensation Regulations (Amendment) under the Workplace Health, Safety and Compensation Act (O.C. 2016-278) (Filed December 19, 2016) Under the authority of

section 92.5 of the Workplace Health, Safety and Compensation Act , the Lieutenant -Governor in Council makes the following regulations. Dated at St. John’s, December 15, 2016. Bernard M. Coffey, Q.C. Clerk of the Executive Council REGULATIONS Analysis 1. Ss.23.1 & 23.2 Added 23.1 Service periods 23.2 Documentation required 1. The Workplace Health, Safety and Compensation Regulations are amended by adding immediately after

section 23 the following: 23.1 For the purposes of parag raph 9 2.2(2)(

a) of the Act, the min i- mum cumulative periods of service for the listed disease s are as fol- lows: CNLR1025/96 as amended Service periods

Workplace Health, Safety and Compensation Regulations (Amendment) 82/16 Extraordinary Gazette December 19, 2016 10 primary site brain cancer 10 years primary site bladder cancer 15 years primary site colorectal cancer 20 years primary site esophageal cancer 25 years primary leukemia 5 years primary site lung cancer 15 years primary site kidney cancer 20 years primary non-Hodgkin lymphoma 20 years primary site testicular cancer 20 years primary site ureter cancer 15 years primary site breast cancer 10 years 23.2 An employer shall provide the following information to the commission in relation to a firefighter or volunteer firefighter who is diagnosed with a listed disease: (

a) the number of fire scenes, other than forest fire scenes, that the firefighter or volunteer firefighter attended; (

b) the firefighter or volunteer firefighter's years of service as a firefighter or volunteer firefighter; (

c) other information required under the Act; and (

d) any other information the commission considers necessary. ©Queen's Printer Documentation required

11 ST. JOHN'S, MONDAY, DECEMBER 19, 2016 Extraordinary Gazette Index Title of Act and Subordinate Legislation CNLR or XNL Gazette made thereunder NL Reg. Amendment Date & Page No. Public Sector Compensation Transparency Act Public Sector Compensation Transparency Regulations NLR 81/16 New Dec 19/16 p. 3 Workplace Health, Safety and Compensation Act Workplace Heath, Safety and Compensation Regulations (Amdt.) NLR 82/16 Amends Dec 19/16 p. 9 CNLR 1025/96 Ss. 23.1 to 23.2 Added