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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 (September 28, 2007), N.S. Reg. 395/2007
as amended to O.I.C. 2016-85 (March 31, 2016), N.S. Reg. 61/2016
1 These regulations may be cited as the Kilometrage Rates, Monthly Allowances and Transportation Allowances Regulations.
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.
Clause 2(b) repealed: O.I.C. 2008-167, N.S. Reg. 128/2008; added: O.I.C. 2013-108, N.S. Reg. 180/2013.
Section 3 repealed: O.I.C. 2008-167, N.S. Reg. 128/2008.
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.
Section 4 replaced: O.I.C. 2013-108, N.S. Reg. 180/2013; amended: O.I.C. 2016-85, N.S. Reg. 61/2016.
5 (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 in 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.
Section 5 replaced: O.I.C. 2013-108, N.S. Reg. 180/2013.
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
7 (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
8 (1) An employee’s monthly allowance paid under Section 5 must not be reduced as a result of any of the following:
(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
10 (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.
Subsection 10(3) amended: O.I.C. 2016-85, N.S. Reg. 61/2016.
Approval required for other payments
11 (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.
12 (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.
Subsection 12(1) amended: O.I.C. 2011-63, N.S. Reg. 30/2011; O.I.C. 2012-76, N.S. Reg. 69/2012; O.I.C. 2013-108, N.S. Reg. 180/2013.
(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.
Subsection 12(2) amended: O.I.C. 2011-63, N.S. Reg. 30/2011; O.I.C. 2012-76, N.S. Reg. 69/2012; O.I.C. 2013-108, N.S. Reg. 180/2013.
“2009” replaced by “2010”: O.I.C. 2010-188, N.S. Reg. 68/2010.