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Public Sector Compensation Restraint Board Regulations made under subsection 26(1) of the
Public Sector Compensation (1994-97) Act
S.N.S. 1994, c. 11
O.I.C. 94-631 (August 3, 1994), N.S. Reg. 128/94
1 There is hereby established a Public Sector Compensation Restraint Board, hereinafter referred to as the "Board".
2 The Board shall be composed of such persons as are appointed as members by the Governor in Council.
3 Members of the Board shall hold office for such terms as are determined by the Governor in Council.
4 The Governor in Council shall designate one of the members of the Board to be the Chairperson, and may appoint another member to be Vice-chairperson.
5 (1) Where a person who is a member of the Board resigns, retires or is appointed to another position in the public service, the person shall, during such period of time as the Governor in Council designates, in respect of any application, appeal, proceedings, matter or thing heard before the person or commenced or considered by the person as a member of the Board, have and exercise the jurisdiction of a member including the power to complete any unfinished matter and give a decision therein as if the person had not so resigned, retired or been appointed.
(2) A designation by the Governor in Council pursuant to subsection (1) may be made before or after such resignation, retirement, or appointment, and may be retroactive in effect.
6 The Governor in Council shall appoint a Chief Executive Officer of the Board who shall exercise the powers of the Administrator under the Public Sector Compensation (1994-97) Act, and who shall keep the record of proceedings before the Board, have the custody and care of all records and documents belonging to or pertaining to matters before the Board, and serve such notices and perform such duties as the Board may require.
7 The Board may utilize the services of such clerks, stenographers or other persons employed in the public service as it may deem advisable, subject to the approval of the Department of Human Resources.
8 The expenses of the Board shall be paid out of the Consolidated Fund.
9 (1) The Chairperson shall from time to time assign the members of the Board to its various sittings and may change any such assignment at any time.
(2) The Chairperson may from time to time direct any officer of the Board, or any person employed in the public service whose services are utilized by the Board, to attend any of the sittings of the Board and may prescribe the duties of such person.
(3) The Chairperson shall prescribe the number of members to attend the hearing or consideration of any matter before the Board, and shall prescribe the quorum of the Board, with respect to such matter.
(4) Where more than one member of the Board is assigned to determine any matter, the decision of the majority of such members is the decision of the Board.
(5) The Chairperson shall be responsible for ensuring the efficient and expeditious handling of the business of the Board.
(6) The Chairperson, or in the Chairperson's absence, the Vice-chairperson, or in the absence of both, the member designated by the Chairperson, shall preside at all sittings of the Board.
(7) In case of the absence of the Chairperson or the Chairperson's inability to act, the Vice-chairperson shall exercise the powers of the Chairperson, and in such case all orders and other documents signed by the Vice-chairperson shall have the same force and effect as if signed by the Chairperson.
10 (1) The members may sit separately at the same time to hear, consider and determine matters before the Board if there is a quorum in each case.
(2) A vacancy in the Board does not impair the right of the remaining members to act.
11 The Chairperson may authorize any member of the Board to inquire into and report to the Board upon any matter within the jurisdiction of the Board or pending before it, and when so authorized that member shall, for the purpose of taking evidence or obtaining information for such report, have all the powers of the Board.