Regulations - Public Sector Compensation Restraint Board - Powers, Privileges and Immunities of the Public Sector Compensation Restraint Board

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Powers, Privileges and Immunities of the Public Sector Compensation Restraint Board Regulations

made under subsection 24(1) of the
Public Sector Compensation Restraint Act
S.N.S. 1991, c. 5
O.I.C. 91-882 (July 25, 1991), N.S. Reg. 177/91
Powers, privileges, immunities
1 The Board and each member thereof has all the powers, privileges and immunities of a commissioner under the Public Inquiries Act and, notwithstanding the generality of the foregoing, may receive and accept any evidence and information on oath, by affidavit or otherwise as in its discretion it considers proper whether or not it is admissible as evidence in a court of law.
2 The Board has such powers and shall perform such duties and functions in relation to the Act as are necessary to enable it to determine whether a compensation plan complies with the Act or to determine any other matter within the jurisdiction of the Board.
3 No action for damages lies against any member of the Board or its Chief Executive Officer, or against any person employed in the public service whose services are utilized by the Board, for
(a) any act done in good faith in the performance or exercise of a power or duty under the Act or regulations; or
(b) any neglect or default in the performance or exercise in good faith of a power or duty under the Act or regulations.
Information
4 Notwithstanding any other enactment, the Board may in writing require information or documentation from an employer to which this Act applies or from any other person in possession of information or documentation that in the opinion of the Board is or may be relevant to a compensation plan or to any other matter within the jurisdiction of the Board and the employer or person shall provide the information or documentation within such reasonable time as the Board may specify.
Books and records
5 Every employer shall keep adequate books and records for the purposes of the Act and if the books or records kept by an employer are in the opinion of the Board inadequate for those purposes, the Board may prescribe the books and records to be kept by that employer.
Right of entry and seizure
6 (1) For the purposes of a review under the Act, the Board may, pursuant to Sections 2A to 2F, inclusive, of the Summary Proceedings Act, obtain a warrant to
(a) enter any premises for the purposes of examining any books, records, writings or other documents related to the review and require the employer to provide all reasonable assistance in connection with the examination and to answer proper questions relating to the examination; and
(b) seize and take away any books, records, writings or other documents and retain them until they are no longer required under the Act.
Protection of information
7 Except with the consent of the person to whom the information relates, neither a member of the Board nor any person acting on behalf of the Board shall
(a) knowingly communicate, or allow to be communicated, to any person any information obtained by or on behalf of the Board under the Act; or
(b) knowingly allow any person to inspect, or have access to, any information obtained by or on behalf of the Board under the Act.
Production or evidence of privileged information
8 Notwithstanding any other Act or law, no Minister of the Crown, member of the Board or person employed in the administration or enforcement of the Act shall be required, in connection with any legal proceedings, to give evidence relating to any information that is privileged under Section 7 or to produce any statement or other writing containing such information.
Order may be made an order of the court
9 (1) A copy of an order of the Board certified by a member of the Board may be filed at the prothonotary's office to make the same a judgment of the Supreme Court and the order may be enforced at the instance of the Board in the name of the Board in the same manner as a judgment of the Supreme Court.
(2) Where the Board makes an order rescinding or varying an order previously made by it that has been filed under subsection (1),
(a) if the order rescinds the order previously made, the order previously made ceases to have effect for the purposes of subsection (1); and
(b) if the order varies the order previously made, the order previously made as so varied may be enforced in a like manner as an order filed under subsection (1).