BILL NO. 242
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
1 Charles III, 2022
Private Member's Bill
Public Body Executive Compensation Act
Kendra Coombes
Cape Breton Centre–Whitney Pier
First Reading: November 1, 2022
Second Reading:
Third Reading:
An Act to Reform Public Body
Executive Compensation
1 This Act may be cited as the Public Body Executive Compensation Act.
(a) "compensation" means any consideration or remuneration, regardless of its nature or form, that is payable or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle the person to be paid;
(b) "compensation framework" means a compensation framework established under Section 3;
(c) "compensation plan" means the guidelines for determining and administering a person's compensation;
(d) "designated executive" means
- (i) the chief executive officer of a public sector body, or
(ii) an officer or employee of a public sector body whose position is designated as an executive position by the regulations;
(e) "designated member" means a member of a public sector body whose position is designated by the regulations;
(f) "material date", in relation to a designated executive or designated member, means the later of
- (i) the effective date of an applicable compensation framework, and
(ii) the date that an existing compensation framework becomes applicable to the designated executive or designated member;
(g) "public sector body" has the same meaning as in the Public Sector Compensation Disclosure Act.
3 Executives, employees and members of a public sector body shall be compensated pursuant to a compensation framework that governs compensation and non-monetary benefits.
4 (1) Where a designated executive or designated member continues in the same position under the same contract, agreement or appointment,
(a) subject to clause (b), the executive's or member's compensation plan in effect immediately before the material date remains in effect, even if an element of compensation is greater than that authorized under, or is otherwise inconsistent with, the applicable compensation framework; and
(b) any increase in an element of compensation provided for in the compensation plan that has not been implemented on or before the material date is not valid or payable to the extent that it is inconsistent with the applicable compensation framework.
(2) Notwithstanding clause (1)(a), after the time prescribed by the regulations, any element of compensation in the compensation plan of a designated executive or designated member that is greater than that authorized under, or that is otherwise inconsistent with, the applicable compensation framework is not valid or payable to the extent that it is inconsistent with the compensation framework.
(a) a compensation framework that applies to a designated executive or member is amended to reduce an element of compensation provided for in the designated executive's or designated member's compensation plan that is in effect on the effective date of the amendment; and
(b) the designated executive or designated member continues in the same position under the same contract, agreement or appointment,
that amendment does not apply to the designated member until after the time prescribed by the regulations, but any increase in an element of compensation that is provided for in the designated executive's or designated member's compensation plan that has not been implemented on or before the effective date of that amendment is not valid or payable to the extent that it is inconsistent with the amended compensation framework.
5 (1) The Governor in Council may make regulations
(a) establishing a compensation framework governing a public sector body, designated executives and designated members;
(b) designating a position in a public sector body as an executive position;
(c) designating the position of a member of a public sector body;
(d) prescribing a period of time for the purpose of subsections 4(2) and (3);
(e) defining any word or expression used but not defined in this Act;
(f) respecting any matter or thing the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
6 This Act comes into force on January 1, 2024.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2022 Crown in right of Nova Scotia. Created November 1, 2022. Send comments to legc.office@novascotia.ca.
