BILL NO. 45

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
53 Elizabeth II, 2004

Government Bill

Public Service Act
(amended)

The Honourable Michael G. Baker, Q.C.
Chair of Treasury and Policy Board

First Reading: April 15, 2004

(Explanatory Note)

Second Reading:

Third Reading:

This Bill authorizes the Governor in Council to terminate for cause and without notice the employment of the chief executive officer of certain government service organizations and government business enterprises if the organization or enterprise fails to comply with reporting requirements established by Treasury and Policy Board.

Be it enacted by the Governor and Assembly as follows:

2 Chapter 376 is further amended by adding immediately after Section 12 the following Section:

12A (1) Where a government agency within the meaning of clause 10(1)(a) fails to comply with an applicable reporting requirement established pursuant to clause 10(3)(d), then, notwithstanding the Interpretation Act and any other enactment or any contract of employment other than a collective agreement,

(a) the failure constitutes cause to dismiss without notice the chief executive officer of that government agency, whether or not the officer is so styled and whether the officer was hired or a contract of employment entered into before or after the coming into force of this Section;

(b) the Governor in Council may terminate without notice the employment of that chief executive officer;

(c) the termination is binding on the government agency and its governing board; and

(d) no severance, compensation, remuneration or other payment is payable to the chief executive officer pursuant to an enactment, a contract of employment or otherwise as a result of the termination.

(2) The Governor in Council may make regulations defining "chief executive officer" for the purpose of this Section.

(3) The exercise by the Governor in Council of the authority contained in subsection (2) is regulations within the meaning of the Regulations Act.

3 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.