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RSNL1990 CHAPTER P-36

PUBLIC EMPLOYEES ACT

Amended:

1992 c48 s28; 2004 c47 s31

CHAPTER P-36

AN ACT RESPECTING PUBLIC EMPLOYEES

Analysis



Short title

        1. This Act may be cited as the Public Employees Act .

RSN1990 cP-36 s1

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Definition

        2. In this Act "public employee" means a person who is appointed by or with the approval of the Lieutenant-Governor in Council to a post for which specific provision has been made in the Estimates of Expenditure approved by the Legislature, to hold office during pleasure only and who is employed on a full-time basis and exclusively as an employee of the Crown upon an annual salary paid wholly and directly out of public funds voted by the Legislature.

RSN1990 cP-36 s2

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Employees of board, commissions, etc.

        3. The Lieutenant-Governor in Council may, if in his or her opinion it is in the public interest to do so, order that all or any of the persons employed by a board, commission or other corporate or unincorporate body which is an agency or arm of the Crown are to be considered as public employees.

RSN1990 cP-36 s3

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Fees surrenderable

        4. Unless otherwise provided by or under the authority of an Act or specially exempted by the Lieutenant-Governor in Council, all fees and emoluments, other than emoluments provided out of public funds which are received by public employees in the course of their official duties, shall be surrendered to the Minister of Finance.

RSN1990 cP-36 s4

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Additional remuneration, overtime, etc.

        5. (1) No payment in addition to annual salary shall be made out of public funds to a public employee except a payment

             (a)  authorized by an Act or specially approved by the Lieutenant-Governor in Council; or

             (b)  for overtime performed on the instructions of the head of a department, with the prior approval in writing of the Minister of the department.

             (2)  A payment made under this section shall not be included in pensionable salary.

RSN1990 cP-36 s5

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Dismissal, suspension, etc.

        6. (1) Without prejudice to the power of the Lieutenant-Governor in Council to terminate the employment of a public employee, the Lieutenant-Governor in Council may dismiss a public employee or suspend him or her from duty or take other measures of disciplinary action against him or her for inefficiency, insobriety, insubordination, misconduct, dishonesty or other just cause, and may make regulations deputing all or any of those powers to heads of departments and prescribing the procedure to be followed in the exercise of the powers so deputed.

             (2)  Unless otherwise ordered by the Lieutenant-Governor in Council a public employee shall not receive pay in respect of a period subsequent to dismissal, or in respect of a period of suspension.

RSN1990 cP-36 s6

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Inefficiency

        7. (1) The Lieutenant-Governor in Council may order a public employee who has not attained retirement age to retire on the ground of his or her inability to discharge efficiently the duties of his or her office.

             (2)  Where the Lieutenant-Governor in Council considers that special circumstances justify the grant of a pension or a gratuity, the public employee ordered to retire may be awarded the pension or gratuity that the Lieutenant-Governor in Council considers reasonable.

             (3)  The amount of the pension or gratuity awarded to him or her shall not exceed that which would be awarded to him or her if he or she were being retired under thePublic Service Pensions Act.

RSN1990 cP-36 s7

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Payment of salaries, etc.

        8. (1) Salaries of public employees and pensions of retired public employees shall be paid out of public funds voted by the Legislature for the purpose.

             (2)  The salary of a public employee who dies during a month shall be payable for the whole of that month.

             (3)  The salary of a public employee ceases on the day of his or her retirement and a pension awarded to him or her shall begin to accrue on the day following that on which he or she is retired.

RSN1990 cP-36 s8

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Pension rights continue

        9. The right of a person to a pension under the Civil Service Act is not affected by the repeal of that Act and a person who, prior to its repeal, received a pension under the Act, shall continue to be eligible to receive it as if the Act remained in force.

RSN1990 cP-36 s9; 1992 c48 s28; 2004 c47 s31