Acts and Regulations

E-13.1 - Expenditure Management Act, 1991

Table of contents
Full text
Current to 1 January 2024
CHAPTER E-13.1
Expenditure Management Act, 1991
Assented to May 9, 1991
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1In this Act
“collective agreement” means(convention collective)
(a) a collective agreement or arbitral award under the Public Service Labour Relations Act, and
(b) a collective agreement under the Industrial Relations Act entered into by a publicly funded employer;
“publicly funded employer” means a person or body listed in Schedule A, and includes any person who, on behalf of a person or body so listed, has authority to enter into any collective agreement or other agreement or arrangement to which this Act applies;(employeur recevant des fonds publics)
“public sector employer” means any person who, in relation to any division or portion of the public service specified in Part I, Part II, Part III or Part IV of the First Schedule to the Public Service Labour Relations Act, has authority to enter into any collective agreement or other agreement or arrangement to which this Act applies.(employeur du secteur public)
Purpose and application of the Act
2(1)The purpose and intent of this Act is
(a) to delay by one year all increases, agreed to or reasonably anticipated, in the costs incurred by a public sector employer or a publicly funded employer in relation to the services performed under an agreement or arrangement to which this Act applies, and
(b) to implement certain other expenditure management measures.
2(2)This Act prevails over the terms of any other Act or of any regulation, obligation, right, claim, agreement, appointment or arrangement whatsoever.
2(3)This Act binds the Crown.
Collective agreements – duration, terms
3(1)This section applies to
(a) every collective agreement that is in force on the commencement of this Act,
(b) every collective agreement ratified before May 1, 1991 in replacement of a collective agreement that had expired before the commencement of this Act, and
(c) every collective agreement that has expired before the commencement of this Act, but contains terms and conditions of employment that, on the commencement of this Act, remain in force by virtue of section 46 of the Public Service Labour Relations Act or section 35 of the Industrial Relations Act.
3(2)The duration of every collective agreement to which this section applies is extended by one year.
3(3)Where a collective agreement to which this section applies contains terms providing for an increased payment or a new payment to be made by the employer as from April 1, 1991 or any later date, those terms take effect one year after the date specified in the collective agreement.
3(4)All other terms of a collective agreement to which this section applies take effect as specified in the collective agreement.
Collective agreements – notice to bargain, term
4(1)Where the duration of a collective agreement is extended under subsection 3(2) but that extension is not sufficiently long to allow, after the commencement of this Act but before the expiry of the agreement as extended, the full legal period in which a notice to bargain may be given under section 44 of the Public Service Labour Relations Act or section 33 of the Industrial Relations Act, that notice may be given at any time within two months after the commencement of this Act.
4(2)Where a collective agreement referred to in paragraph 1(a) was for a term of not more than two years and is extended under subsection 3(2) to become a collective agreement for a term of not more than three years, the collective agreement shall be deemed, for the purposes of section 28 and subsection 36(2) of the Public Service Labour Relations Act, still to be a collective agreement for a term of not more than two years.
4(3)Where a collective agreement referred to in paragraph 1(b) was for a term of not more than three years and is extended under subsection 3(2) to become a collective agreement for a term of not more than four years, the collective agreement shall be deemed, for the purposes of section 23 of the Industrial Relations Act, still to be a collective agreement for a term of not more than three years.
Collective agreements – first agreement
5(1)Where a first collective agreement is entered into in relation to a bargaining unit within one year after the commencement of this Act no term of the collective agreement requiring an increased payment or a new payment to be made by the employer shall take effect earlier than one year after the certification of the bargaining agent.
5(2)Where, in consequence of subsection (1), the date on which a term of a collective agreement takes effect is delayed by a period of time,
(a) the date on which any other term of the collective agreement providing for an increased payment or a new payment to be made by an employer takes effect is delayed by the same period of time, and
(b) the duration of the collective agreement is extended by that period of time.
Other employment or office
6(1)Except where some other provision of this Act applies, this section applies to every contract of employment to which, on the commencement of this Act, a publicly funded employer or a public sector employer is a party.
6(2)For the purposes of this section, the terms on which any public officer holds office shall be deemed to be terms contained in a contract to which this section applies.
6(3)Where a contract to which this section applies contains terms providing for an increased payment or a new payment to be made by the employer as from April 1, 1991 or any later date,
(a) those terms take effect one year after the date specified in the contract if the contract is still in force then, and
(b) those terms do not take effect if the contract is not still in force then.
6(4)Where a contract to which this section applies does not contain terms described in subsection (3), no increase in the rates of payment applicable under the contract may take effect less than two years after the previous increase in rates of payment.
Provincial Boards, tribunals, etc
7For a one year period beginning on the commencement of this Act, the amounts paid to persons appointed as members of provincial boards, tribunals, commissions and agencies as per diem rates and similar attendance allowances shall be 4.6 per cent less than the amounts which, in the absence of this section, would be paid.
Certain contracts
8(1)The Lieutenant-Governor in Council may apply this section to any contract which
(a) is in force on the commencement of this Act,
(b) contains as its principal component an agreement that a public sector employer or a publicly funded employer will pay some other person
(i) to provide personnel to work under the direction of the public sector employer or publicly funded employer, or
(ii) to provide a service to individuals identified by the public sector employer or publicly funded employer, and
(c) contains terms providing for the public sector employer or publicly funded employer, as from April 1, 1991 or any later date, to pay more under the contract than is being paid on March 31, 1991.
8(2)When applying this section to a contract, the Lieutenant-Governor in Council may determine the extent to which terms referred to in paragraph (1)(c) are in respect of increased labour costs.
8(3)To the extent that the Lieutenant-Governor in Council determines that terms referred to in paragraph (1)(c) are in respect of increased labour costs,
(a) those terms take effect one year after the date specified in the contract if the contract is still in force then, and
(b) those terms do not take effect if the contract is not still in force then.
8(4)Where, by any contract or other binding arrangement, the person described in paragraph (1)(b) is obliged to increase, as from April 1, 1991 or any later date, the remuneration of any person engaged for the purposes of a contract described in subsection (1),
(a) that obligation takes effect one year after the specified date if the contract or other binding arrangement is still in force then, and
(b) that obligation does not take effect if the contract or other binding arrangement is not still in force then.
Exceptions
9Notwithstanding anything in this Act, an individual may receive additional payments in consequence of
(a) promotion, reclassification or periodic or performance-related progression within an established pay range,
(b) the Pay Equity Act, or
(c) increases in the minimum wage under the Employment Standards Act.
Renegotiation of agreements not required
10Notwithstanding any term of any Act, regulation, collective agreement or other agreement that requires renegotiation of an agreement when legislation affects the content of the agreement, no such renegotiation is required as a consequence of this Act.
Repealed
11Repealed: 1992, c.E-13.2, s.16
1992, c.E-13.2, s.16
Repealed
12Repealed: 1992, c.E-13.2, s.17
1992, c.E-13.2, s.17
Amendment or replacement of agreements
13Every agreement entered into or arbitral award rendered to amend or replace an agreement affected by this Act shall respect the purpose and intent of this Act and shall not attempt to compensate for the effects of this Act.
Regulations
14(1)The Lieutenant-Governor in Council may make regulations
(a) defining terms used in this Act,
(b) making additions to, deletions from or amendments to Schedule A,
(c) applying this Act to agreements or arrangements not expressly mentioned in this Act,
(d) respecting the manner in which the intent and purpose of this Act is to be realised in relation to agreements or arrangements to which this Act applies by virtue of regulations under paragraph (c),
(e) respecting exemptions from this Act or any of its provisions,
(f) respecting the determination of questions arising as to the interpretation or application of this Act,
(g) respecting any matter considered necessary or advisable for carrying out the purpose and intent of this Act, and
(h) generally, for the purposes of this Act.
14(2)Regulations under subsection (1) may be made with retroactive effect.
Executive Council Members
15Section 6.3 of the Executive Council Act, chapter E-12 of the Revised Statutes, 1973, is repealed and the following is substituted:
6.3Notwithstanding section 6.1, for the twelve month period commencing January 1, 1991, the salary payable to Ministers appointed under section 2, to the Premier, and to a member of the Executive Council not in receipt of a salary under section 5 shall be the same amount that was payable pursuant to section 6.1 for the twelve month period commencing January 1, 1990, and such salary shall be deemed to be the salary authorized to be paid under section 6.1.
Members of Legislative Assembly
16Subsection 25(1.201) of the Legislative Assembly Act, chapter L-3 of the Revised Statutes, 1973, is repealed and the following is substituted:
25(1.201)Notwithstanding subsection (1.1), for the twelve month period commencing January 1, 1991, the sessional indemnity payable to each member of the Legislative Assembly shall be the same amount that was payable pursuant to that subsection for the twelve month period commencing January 1, 1990, and such sessional indemnity shall be deemed to be the amount provided by subsection (1.1).
Municipal unconditional grant
17The Municipal Assistance Act, chapter M-19 of the Revised Statutes, 1973, is amended by adding after section 6 the following:
6.1(1)The Minister may reduce a municipality’s unconditional grant
(a) if the municipality has not made arrangements, satisfactory to the Minister, for passing on to the Minister the savings accruing to the municipality in consequence of the Expenditure Management Act, 1991, or
(b) if arrangements described in paragraph (a) have been made, but the municipality has not complied with them.
6.1(2)The amount or amounts by which a municipality’s unconditional grant is reduced shall not exceed, in total, the amount that the Minister considers to represent the savings that have accrued or will accrue to the municipality in consequence of the Expenditure Management Act, 1991.
Registered political parties
18The Political Process Financing Act, chapter P-9.3 of the Acts of New Brunswick, 1978, is amended by adding after section 33 the following:
33.1(1)Notwithstanding sections 32, 32.1 and 33, the annual allowance of each registered political party for the year 1991 shall be the same as its annual allowance for the year 1990, as published that year under subsection 32(2).
33.1(2)The quarterly instalments payable under section 33 in June, September and December 1991 shall each be equal instalments of the amount which, taking into account the instalment paid in March 1991, remains to be paid for the year 1991.
Commencement
19This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
Expiry of Act
20This Act ceases to have effect on the expiry of the agreements and arrangements to which it applies.
SCHEDULE A
Every municipality and every body, commission or agency established by a municipality or by municipalities acting jointly
The University of New Brunswick - Fredericton and Saint John
Mount Allison University
Every licensee under the Nursing Homes Act
Every incorporated or unincorporated body which is created by Act or regulation or by the government of the Province, and is composed of or subject to the direction of persons appointed by the government of the Province
Every incorporated or unincorporated body which is owned by the government of the Province or a publicly funded employer
91-113
N.B. This Act, except section 12, was proclaimed and came into force June 6, 1991.
N.B. This Act is consolidated to September 30, 1996.