Kilometrage Rates, Monthly Allowances and Transportation Allowances Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/cskilometrage.htm

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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. 2013-108 (March 28, 2013, effective April 1, 2013), N.S. Reg. 180/2013

Citation

1     These regulations may be cited as the Kilometrage Rates, Monthly Allowances andTransportation Allowances Regulations.

Definitions

2     In these regulations,

                (a)    “Act” means the Civil Service Act;

 

                (b)    “Agreement” means the Civil Service Master Agreement between the Provinceof Nova Scotia and the Nova Scotia Government and General EmployeesUnion 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Clause 2(b) repealed: O.I.C. 2008-167, N.S. Reg. 128/2008; added: O.I.C. 2013-108, N.S. Reg. 180/2013.

Section 3 repealed: O.I.C. 2008-167, N.S. Reg. 128/2008.

Kilometrage rates

4     Except as provided in Section 5, an employee must be paid for all kilometres that theemployee drives in connection with their employment in accordance with the rateestablished under the Agreement for that class of employee.

Section 4 replaced: O.I.C. 2013-108, N.S. Reg. 180/2013.

 

Monthly allowances

5     (1)    Each of the following employees of the Department of Transportation andInfrastructure Renewal must be paid the monthly allowance established under theAgreement for that class of employee instead of the kilometrage rates referred to inSection 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 ofemployment for which availability of a motor vehicle is deemed to be a condition ofemployment 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 bepaid

 

                (a)    the monthly allowance established under the Agreement for that class ofemployee; and

 

                (b)    for all kilometres that the employee drives in connection with theiremployment, a rate per kilometre as established under the Agreement for thatclass 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 orfrom the kilometrage rates to a monthly allowance under subsection 5(4), the employeemust 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 theCommission of an employee as belonging to a class of employment for whichavailability 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 Ministerof the department in which the employee is employed.

 

       (3)    Subject to subsections (4) and (5), a decision by the Commission to designate anemployee must be made in accordance with the following criteria:

 

                (a)    if the employee drives 3218.6 km per year or fewer in connection withemployment, the designation must not be granted;

 

                (b)    if the employee drives more than 3218.6 km but fewer than 16 000 km peryear in connection with employment, the decision to designate the employeemust be based on criteria established by the applicable department and thedepartment’s recommendation that using a privately owned motor vehicle isthe most efficient manner of providing transportation to fulfil the employee’sjob 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 withemployment, 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 thanprivately owned vehicle without substantial impairment to the efficiency ofservice;

 

                (b)    the nature of the job function performed by the employee and any requirementsfor transportation that could be met by other means of transportation, includinga rental vehicle and public transportation;

 

                (c)    whether an employee has control over the demand for transportation andwhether the demand for transportation can and does occur at any time;

 

                (d)    whether an employee must have transportation available, and how oftentransportation is needed.

 

       (5)    After considering the matters set out in subsection (4) in deciding whether todesignate an employee, the Commission may act outside the criteria set out insubsection (3) if it determines that under the circumstances the criteria should notapply.

Reductions in monthly car allowance

8     (1)    An employee’s monthly allowance paid under Section 5 must not be reduced as aresult of any of the following:

 

                (a)    vacation;

                (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 leavewithout pay must be reduced in proportion to the number of compensation days inthe month for which the special leave was granted.

 

       (3)    If the Minister or a departmental official delegated by the Minister directs that anemployee travel outside of their regular district and receive kilometrage rates underSection 4 for that travel, the employee’s monthly allowance paid under subsection5(1) or (2) must be reduced in proportion to the number of compensation days in themonth that the employee is assigned out of their regular district, and the employeemust be paid at the kilometrage rates set out in Section 4 for the kilometres travelledoutside 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 beassigned 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-ownedmotor vehicle for personal use.

 

       (3)    Any kilometres driven on personal use must be repaid to the Province at the rate of24.34¢/km.

Approval required for other payments

11   (1)    If specific requirements by departments, boards, agencies and commissions cannotbe accommodated under Section 4 or 5, the Minister may approve payment for usinga privately owned motor vehicle on a basis other than as prescribed by Section 4 or 5to address specific operating requirements.

 

       (2)    A payment approved by the Minister under subsection (1) must be approved by theExecutive Council.

Transportation allowance

12   (1)    An employee who is called back to work must be reimbursed for transportation toand from the place of work to a maximum per call as established under theAgreement.

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 sixo’clock in the morning must be reimbursed for actual transportation expensesincurred 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.