This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry 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 the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © 2011, 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 (September 30, 2005, effective January 1, 2006), N.S. Reg. 188/2005
as amended by O.I.C. 2011-403 (November 24, 2011), N.S. Reg. 308/2011
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;
Clause 2(ba) added: O.I.C. 2011-403, N.S. Reg. 308/2011.
(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
3 (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 A.
(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
4 (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 Act;
(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
7 (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 Treasury Board.
Section 8 added: O.I.C. 2011-403, N.S. Reg. 308/2011.
Schedule A
Standard Employment
Contract of Service
This Agreement, made ______________________________ , 20___.
Between Her Majesty the Queen in right of the Province of Nova Scotia, as represented by (name), Deputy Minister, (Department) (hereinafter called the “Employer”)
And
(Name)
(hereinafter called the “Employee”)
In consideration of the mutual promises herein contained, the Parties covenant and agree as follows:
1. The Employee agrees
(a) to provide services as ___________________________ in the ___________________________ under the direction of the ___________________________;
(b) to work at least the minimum number of hours per week required of full-time civil servants;
(c) to treat as confidential and to keep private and not to make public or to divulge, except in the course of performing duties or providing services under this Agreement, during or after the term of this Agreement, any information or materials of a confidential character relating to the affairs of the Province of Nova Scotia to which the Employee becomes privy acting under this Agreement, unless consent in writing of the Employer is first obtained; and
(d) 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;
(ii) the Government of Nova Scotia’s Conflict of Interest Policy;
(iii) the Conflict of Interest Act.
Clause 1(d) replaced: O.I.C. 2011-403, N.S. Reg. 308/2011.
2. The Employer agrees
(a) to pay a salary to the Employee of $ ___________ per year, before any deductions required by law or this Agreement;
(b) to grant the Employee vacation days earned at a rate of 1.25 days for each month of employment, to be taken in the year they are earned;
(c) to reimburse the Employee for all expenses incurred that would be reimbursed if incurred by a civil servant;
(d) to grant the Employee the same holiday benefits granted to civil servants;
Clause 2(d) amended: O.I.C. 2011-403, N.S. Reg. 308/2011.
(e) to 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) to grant the Employee sick leave benefits at the rate of 1.5 days per month for each month of service to a maximum of 18 days per year; and
(g) to indemnify the Employee and 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. 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.
4. The term of this Agreement is ____ months, from ____________ 20__, to ____________ 20__, unless terminated earlier under this Agreement.
Section 4 amended: O.I.C. 2011-403, N.S. Reg. 308/2011.
5. (a) Despite any other provision herein, 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. In the event of such termination, and subject to subsection (b), the Employee must be paid the sum or sums that have accrued under subsection 2(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.
Clause 5(a) amended: O.I.C. 2011-403, N.S. Reg. 308/2011.
(b) Despite subsection (a), this Agreement may be terminated at any time, for any reason, by either of the Parties giving to the other Party 30 days’ written notice to that effect, and upon such termination the Employee must be paid the sum or sums that have accrued under subsection 2(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.
6. 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.
7. All materials and information produced from the performance of this Agreement and all rights therein belong to the Employer.
8. 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.
9. This Agreement is not assignable.
10. Any discretionary authority or right under this Agreement is not subject to the expectations, reasonable or otherwise, of the Parties to the contract and any action taken under a discretionary provision is deemed to be an exercise in good faith.
11. 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, 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.
12. 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.
13. Any notice required to be given under this Agreement is valid if given in writing by pre-paid registered letter addressed as follows:
to the Employer:
Commissioner, Public Service Commission
One Government Place, 4th Floor
P.O. Box 943
Halifax, NS B3J 2V9
to the Employee:
Employee’s name
Employee’s address
or to an other address that is communicated in writing to the Parties, and 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.
14. Time is of the essence in this Agreement.
15. The Parties acknowledge that this Agreement is of no force and effect unless approved as required by the Public Service Act and regulations.
16. The Employee hereby certifies that he/she has reviewed and fully understands the terms of this Agreement, and agrees that this Agreement constitutes the whole agreement and replaces any previous agreements between the Parties, that no representation or statement not expressly contained survives this Agreement or is binding upon either Party, and that this Agreement can only be modified by written instrument.
17. This Agreement must be construed in accordance with the laws of the Province of Nova Scotia.
In Witness Whereof the Parties have executed this Agreement on the day and year first above written:
Signed, Sealed and Delivered
in the presence of
_________________________________
Witness
_________________________________
Witness
_________________________________
Witness
_________________________________
Witness
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
____________________________________
Employee
Her Majesty the Queen in
Right of the Province of Nova Scotia
Per: ____________________________________
Deputy Minister, Treasury Board
____________________________________
Commissioner, Public Service Commission
____________________________________
Deputy Minister, Originating Department
“Treasury and Policy Board” replaced with “Treasury Board”: O.I.C. 2011-403, N.S. Reg. 308/2011.