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Part II .

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Kilometrage Rates, Monthly Allowances and Transportation Allowances Regulations

made under Sections 7 and 45 of the

Civil Service Act

R.S.N.S. 1989, c. 70

O.I.C. 2007-521 (effective September 28, 2007), N.S. Reg. 395/2007

as amended to O.I.C. 2016-85 (effective March 31, 2016), N.S. Reg. 61/2016

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

Kilometrage rates

Monthly allowances

Request for change between kilometrage and allowance

Determining when vehicle is condition of employment

Reductions in monthly car allowance

No government vehicle for employees receiving monthly allowance

Personal use of government-owned vehicles

Approval required for other payments

Transportation allowance

Citation

1 These regulations may be cited as the Kilometrage Rates, Monthly Allowances and

Transportation Allowances Regulations .

Definitions

2 In these regulations,

(a) “Act” means the Civil Service Act ;

(b) “Agreement” means the Civil Service Master Agreement between the

Province of Nova Scotia and the Nova Scotia Government and General

Employees Union as amended from time to time.

Kilometrage rates

4 Except as provided in

Section 5, an employee must be paid for all kilometres that the

employee drives in connection with their employment in accordance with the rate

established under the Agreement.

Monthly allowances

(1) Each of the following employees of the Department of Transportation and

Infrastructure Renewal must be paid the monthly allowance established under the

Agreement for that class of employee instead of the kilometrage rates referred to

Section 4:

(

a) an engineering survey technician;

(

b) a project engineer;

(

c) a scale house operator;

(

d) a road transport inspector.

(2) An employee who is designated by the Commission as belonging to a class of

employment for which availability of a motor vehicle is deemed to be a condition

of employment may opt to receive a monthly allowance in accordance with

subsection (3) instead of the kilometrage rates referred to in

Section 4.

(3) An employee who opts to receive a monthly allowance under subsection (2) must

be paid

(

a) the monthly allowance established under the Agreement for that class of

employee; and

(

b) for all kilometres that the employee drives in connection with their

employment, a rate per kilometre as established under the Agreement for

that class of employee.

Request for change between kilometrage and allowance

6 If an employee who has the option of receiving a monthly allowance under subsection

5(3) wishes to change from a monthly allowance to the kilometrage rates under

Section 4

or from the kilometrage rates to a monthly allowance under subsection 5(4), the employee

must notify the Public Service Commission in writing

(

a) no later than April 30 in the year for which the change is requested; or

(

b) no later than 30 days after they become eligible to make the option.

Determining when vehicle is condition of employment

(1) In this Section, “designate” and “designation” refer to the designation by the

Commission of an employee as belonging to a class of employment for which

availability of a motor vehicle is deemed to be a condition of employment.

(2) A designation may be granted only on the recommendation of the Deputy Minister

of the department in which the employee is employed.

(3) Subject to subsections (4) and (5), a decision by the Commission to designate an

employee must be made in accordance with the following criteria:

(

a) if the employee drives 3218.6 km per year or fewer in connection with

employment, the designation must not be granted;

(

b) if the employee drives more than 3218.6 km but fewer than 16 000 km per

year in connection with employment, the decision to designate the

employee must be based on criteria established by the applicable

department and the department’s recommendation that using a privately

owned motor vehicle is the most efficient manner of providing

transportation to fulfil the employee’s job function, particularly as it

relates to providing services to the public;

(

c) if the employee drives 16 000 km per year or more in connection with

employment, the designation must be granted.

(4) In making a designation, the Commission must consider all of the following:

(

a) whether the employee can travel more economically by means other than

privately owned vehicle without substantial impairment to the efficiency

of service;

(

b) the nature of the job function performed by the employee and any

requirements for transportation that could be met by other means of

transportation, including a rental vehicle and public transportation;

(

c) whether an employee has control over the demand for transportation and

whether the demand for transportation can and does occur at any time;

(

d) whether an employee must have transportation available, and how often

transportation is needed.

(5) After considering the matters set out in subsection (4) in deciding whether to

designate an employee, the Commission may act outside the criteria set out in

subsection (3) if it determines that under the circumstances the criteria should not

apply.

Reductions in monthly car allowance

(1) An employee’s monthly allowance paid under

Section 5 must not be reduced as a

result of any of the following:

(

a) vacation;

(

b) special leave with pay for 30 days or less;

(

c) sick leave for 30 days or less.

(2) A monthly allowance paid under

Section 5 for an employee who is on special

leave without pay must be reduced in proportion to the number of compensation

days in the month for which the special leave was granted.

(3) If the Minister or a departmental official delegated by the Minister directs that an

employee travel outside of their regular district and receive kilometrage rates

under

Section 4 for that travel, the employee’s monthly allowance paid under

subsection 5(1) or (2) must be reduced in proportion to the number of

compensation days in the month that the employee is assigned out of their regular

district, and the employee must be paid at the kilometrage rates set out in

Section

4 for the kilometres travelled outside of their regular district in connection with

employment.

No government vehicle for employees receiving monthly allowance

9 An employee who receives a monthly allowance under these regulations must not be

assigned a government-owned motor vehicle.

Personal use of government-owned vehicles

(1) In this Section, “personal use” means other than government business.

(2) An employee must obtain proper authorization before using a government-owned

motor vehicle for personal use.

(3) Any kilometres driven on personal use must be repaid to the Province at the fixed

per-kilometre rate for personal use established by the Canada Revenue Agency as

amended from time to time.

Approval required for other payments

(1) If specific requirements by departments, boards, agencies and commissions cannot

be accommodated under

Section 4 or 5, the Minister may approve payment for

using a privately owned motor vehicle on a basis other than as prescribed by

Section 4 or 5 to address specific operating requirements.

(2) A payment approved by the Minister under subsection (1) must be approved by

the Executive Council.

Transportation allowance

(1) An employee who is called back to work must be reimbursed for transportation to

and from the place of work to a maximum per call as established under the

Agreement.

(2) An employee who is required to travel to and from work between midnight and

six o’clock in the morning must be reimbursed for actual transportation expenses

incurred to a maximum per shift as established under the Agreement.

Legislative History

Reference Tables

Kilometrage Rates, Monthly Allowances and

Transportation Allowances Regulations

N.S. Reg.

395/2007

Civil 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 Kilometrage Rates, Monthly Allowances and Transportation

Allowances Regulations made under the Civil Service Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

395/2007

Sep 28, 2007

date made

Oct 12, 2007

128/2008

Apr 1,

date

specified

Apr

11, 2008

72/2009

Apr 1,

date

specified

Apr

10, 2009

68/2010

Apr

27, 2010

date

specified

May 7,

30/2011

Feb

22, 2011

date

specified

Mar

11, 2011

152/2011

Apr 1,

date

specified

Apr

22, 2011

69/2012

Apr 1,

date

specified

Apr 6,

180/2013

Apr 1,

date

specified

Apr

19, 2013

61/2016

Mar

31, 2016

date

specified

Apr

15, 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(b) ...................................................

rep. 128/2008 , ad. 180/2013

3 ........................................................

rep. 128/2008

4 ........................................................

am. 128/2008, ra. 4(1) 72/2009, rs .

180/2013, am. 61/2016

4(1) ..............................................

ra. from 4 72/2009, am. 68/2010, 30/2011, 152/2011,

69/2012

4(2) ..............................................

ad. 72/2009 , am. 68/2010,

30/2011, 152/2011, 69/2012

5 ........................................................

am. 128/2008, rs . 180/2013

5(1) ..............................................

am. 72/2009, 68/2010, 152/2011, 69/2012, rs . 180/2013

5(2) ..............................................

am. 72/2009, 68/2010, 30/2011, 152/2011, 69/2012, rs . 180/2013

5(3) ..............................................

rs . 180/2013

5(4) ..............................................

rs . 72/2009

5(4)(a) ..........................................

am. 68/2010, 152/2011, 69/2012

5(4)(b) .........................................

am. 68/2010, 152/2011, 69/2012

10(3) .................................................

am. 61/2016

12 ......................................................

am. 128/2008, 72/2009

12(1) ............................................

am. 68/2010, 152/2011, 69/2012, 180/2013

12(2) ............................................

am. 68/2010, 152/2011, 69/2012, 180/2013

provisions throughout .......................

“2007” replaced with “2008,” 128/2008

provisions throughout .......................

“2008” replaced with “2009,” 72/2009

provisions throughout .......................

“2009” replaced with “2010,” 68/2010

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

The reference to the Department of Transportation and

Infrastructure Renewal in s. 5(1) should be read as a reference to the Department

of Transportation and Active Transit in accordance with O.I.C. 2021-56 under

the Public Service Act , R.S.N.S.

1989, c. 376.

Feb 23, 2021

The reference to the Department of Transportation and

Infrastructure Renewal in s. 5(1) should be read as a reference to the

Department of Public Works in accordance with O.I.C. 2021-209 under the Public Service Act , R.S.N.S. 1989, c.

Aug 31, 2021

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.