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Public Service Awards Regulations made under clause 20(1)(b) of the
Provincial Court Act
R.S.N.S. 1989, c. 238
O.I.C. 86-1390 (December 2, 1986), N.S. Reg. 282/86
1 (1) (a) A judge who is retired or who is about to be retired because of age, or mental or physical incapacity, shall be granted a Public Service Award equal to one weeks pay for each year of full time service to a maximum of 26 years.
(b) The amount of Public Service Award provided under Regulation 1(1)(a) shall be calculated by the formula:
Bi-weekly salary ÷ 2 = 1 week
(2) (a) The entitlement of a judge to a Public Service Award shall be based upon the judge's period of service as defined in Regulation 1(h) of the [General] Regulations made under the Civil Service Act, effective January 1, 1975.
(b) In addition to the months of service upon which a judge's Public Service Award entitlement is calculated pursuant to clause (a), the months of prior war service purchased by the judge in accordance with Section 11 of the Public Service Superannuation Act shall be included as months of service for the purpose of Public Service Award entitlement calculation.
(3) Notwithstanding subsection (2), a judge appointed prior to January 1, 1975, shall have an entitlement to a Public Service Award that shall be based upon the period of service credited to and paid for by him under the Public Service Superannuation Act or the period of service defined in Regulation 1(2), whichever is greater.
(4) Where a judge dies, and he would have been entitled to receive a Public Service Award if he had retired from his office immediately before his death, the Public Service Award to which he would have been entitled shall be paid to his estate.
(5) The salary which shall be used to calculate the amount of the Public Service Award in accordance with this Regulation shall be the salary which the judge was receiving on the date of the termination of his office.
2 Notwithstanding Regulation 1, a judge in good standing who has been in office for a period of not less than fifteen years shall, on application to the Minister of Finance, and on entering into a written agreement pursuant to subsection (2), be granted once before retirement an advance on the Public Service Award to which he is entitled, less one month's salary.
(1) The salary which shall be used to calculate the amount of the Public Service Award under this Regulation, shall be the salary which the judge was receiving on the date on which he made application for an advance on the Public Service Award.
(2) Before an advance on the Public Service Award is granted, under this Regulation, the judge shall enter into a written agreement with the Minister of Finance providing that on the termination of his office, if
(a) he is not entitled to a Public Service Award under Regulation 1, the amount of the advance on the Public Service Award granted to him under this Regulation, together with interest at a rate to be determined by the Governor in Council, shall be a debt owing by him to the Province; or
(b) the amount of the advance on the Public Service Award granted to him under this Regulation, together with interest as calculated under clause (a), exceeds the amount of the Public Service Award to which he is entitled under Regulation 2, the excess shall be a debt owing by him to the Province;
and may be withheld from any sum of money that may be payable by the Province to him, or to any other person by reason of his office.
[Note: Effective October 22, 2013, references in these regulations to the Minister of Finance should be read as references to the Minister of Finance and Treasury Board in accordance with Order in Council 2013-348 under the Public Service Act, R.S.N.S. 1989, c. 376.]