This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © , Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Teachers’ Service Payouts Regulations
made under Section 16 of the
Teachers’ Professional Agreement and Classroom Improvements (2017) Act
S.N.S. 2017, c. 1
O.I.C. 2018-21 (effective January 30, 2018), N.S. Reg. 22/2018
1 These regulations may be cited as the Teachers’ Service Payouts Regulations.
2 In these regulations,
“Act” means the Teachers’ Professional Agreement and Classroom Improvements (2017) Act;
“Agreement” means the Teachers’ Professional Agreement;
“eligible person” means a teacher who, up to July 31, 2015, had accrued service respecting a service award in accordance with the Agreement or any other professional agreement, and includes a teacher eligible for a service payout under Section 4;
“notice of election” means a notice of an election made under subsection 15(1) of the Act to be paid a service payout;
“school board” has the same definition as in the Education Act;
“service payout” means the amount payable in lieu of a service award to an eligible person under subsection 15(1) of the Act and these regulations, subject to any withholdings required by law;
“teacher” has the same meaning as in the Education Act;
“Teachers’ Provincial Agreement” means the professional agreement, as defined in the Teachers’ Collective Bargaining Act, between the parties made on May 14, 2013, and as amended in accordance with Schedule A to the Act.
Formula for calculation of service payout
3 Except as provided in Section 4, an eligible person’s service payout must be calculated in accordance with the formula in the applicable provisions of Article 61 of the Agreement, except that the salary used to calculate the service payout must be the eligible person’s annual rate of salary on March 31, 2018, according to their teaching certificate and experience, including any administrative allowance.
Service payout for teachers hired after July 31, 2002
4 (1) Despite the requirement for 10 or more consecutive years of service in Article 61.03 of the Agreement, a teacher hired by a school board after July 31, 2002, who accrued service with any school board up to July 31, 2015, may elect to be paid a service payout, as calculated in accordance with this Section.
(2) A service payout under this Section must be calculated at a rate of 1% for each year of service up to July 31, 2015, multiplied by the teacher’s annual rate of salary on March 31, 2018, according to their teaching certificate and experience, including any administrative allowance.
(3) For the calculation in subsection (2), a year of service is accrued in the same manner as in Article 61.04 of the Agreement.
Service payout calculation from school board
5 A school board must provide each eligible person in their employ with a calculation of the service payout that the eligible person is entitled to under the Act and these regulations.
Notice of election for service payout
6 (1) Any eligible person who elects under subsection 15(1) of the Act to be paid a service payout must deliver notice of their election to the school board they are employed with.
(2) A notice of election must be in writing in the form approved by the Minister.
Deadline for electing service payout
7 A notice of election must be delivered by 1 of the following methods in accordance with the applicable deadline:
(a) by electronic mail, no later than 11:59 pm on March 29, 2018;
(b) by hand delivery to the school board office, no later than 4:00 pm on March 29, 2018.
Payment of service payout
8 Any service payout paid by a school board must be made after April 1, 2018.
No service payout if election not made
9 An eligible person who does not deliver a notice of election in accordance with these regulations must not receive a service payout.
Service award entitlement
10 (1) Failure to elect to be paid a service payout does not, in itself, prevent a person from receiving any service award they are eligible for under the Agreement or any other professional agreement upon their death or retirement or otherwise.
(2) Nothing in these regulations entitles a person to receive, upon their death or retirement or otherwise, a service award they would not have otherwise been eligible for under the Agreement or any other professional agreement.
Payment in lieu of service award
11 No further payment or benefit may be made by a school board or the Minister in respect of a service award under the Agreement or any other professional agreement to a person who is paid a service payout in accordance with the Act and these regulations.
Teachers' Service Payouts Regulations
N.S. Reg. 22/2018
Teachers' Professional Agreement and Classroom Improvements (2017) Act
Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.
The current consolidation of the Teachers’ Service Payouts Regulations made under the Teachers’ Professional Agreement and Classroom Improvements (2017) Act includes all of the following regulations:
How in force
Part II Issue
Jan 30, 2018
Feb 16, 2018
The following regulations are not yet in force and are not included in the current consolidation:
How in force
Part II Issue
*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended
fc. = fee change
ra. = reassigned
rep. = repealed
rs. = repealed and substituted
Note that changes to headings are not included in the above table.
Editorial Notes and Corrections:
Repealed and Superseded:
Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.