BILL 27

An Act to Amend the Financial Administration Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The Financial Administration Act, chapter 160 of the Revised Statutes, 2011, is amended by adding after section 6 the following:

No special payments or special benefits

6.1( 1) The following definitions apply in this section.

“employer” means employer as defined in the Public Service Labour Relations Act. (employeur)

“enactment” includes a regulation, order or other instrument made under the authority of an Act. (texte législatif)

“public service” has the same meaning given to the expression “Public Service” in the Public Service Labour Relations Act, and includes any portion of the public service of the Province designated by the Lieutenant-Governor in Council as part of the public service for the purpose of this section. (services publics)

“special payment” or “special benefit” means any payment or benefit but does not include any payment in lieu of notice of termination in an amount consistent with common law principles or any payment or benefit (paiement spécial) (prestation spéciale)

(a)  provided under an enactment,

(b)  provided under a pension plan registered under the Income Tax Act (Canada),

(c)  provided under a retirement compensation arrangement as defined in the Income Tax Act (Canada), or

(d)  provided under an employment contract, excluding any term that provides for payment of an amount in lieu of notice of termination that is greater than an amount consistent with common law principles and that was agreed to during the period referred to in subsection (3).

6.1( 2) Despite sections 5 and 6, if the employment contract of any person employed in the public service is terminated after the commencement of this section, neither the Province nor an employer shall provide a special payment or special benefit to the person as a result of the termination nor agree with the person to do so nor engage in negotiations with the person to that end.

6.1( 3) Subsection (2) applies only between the period beginning on the date the writs are issued for a provincial general election and ending on the date of the post-election appointment of the new members of the Executive Council.

6.1( 4) This section does not apply to a person employed in the public service who is represented by a bargaining agent as defined in the Public Service Labour Relations Act.