Acts and Regulations

E-13.2 - Expenditure Management Act, 1992

Table of contents
Full text
Current to 1 January 2024
CHAPTER E-13.2
Expenditure Management Act, 1992
Assented to May 20, 1992
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1In this Act
“bargaining agent” means, in relation to any collective agreement, the bargaining agent for that agreement;(agent négociateur)
“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 relating to employees of a nursing home;
“continuing agreement” means a collective agreement the duration of which was extended by section 3 of the Expenditure Management Act, 1991, and under which there are new or increased payments to be made that have been delayed by subsection 3(3) of that Act;(convention maintenue)
“employer” means, in relation to any collective agreement, the employer for that agreement;(employeur)
“expiring agreement” means a collective agreement the duration of which was extended by section 3 of the Expenditure Management Act, 1991, but under which no new or increased payments were delayed by subsection 3(3) of that Act;(convention en voie d’expiration)
“nursing home” means a nursing home operated by a licensee under the Nursing Homes Act;(foyer de soins)
“pay freeze period” means, in relation to any continuing agreement, the period of one year which begins on the day when the first of the payments delayed under subsection 3(3) of the Expenditure Management Act, 1991 would have become due if that subsection had not been enacted and ends immediately before that payment becomes due in accordance with that subsection;(période de gel de la rémunération)
“public service” has the same meaning as in the Public Service Labour Relations Act;(services publics)
“separate employer” has the same meaning as in the Public Service Labour Relations Act.(employeur distinct)
Purpose and intent
2The purpose and intent of this Act is
(a) to reduce anticipated growth in public expenditure by applying continued restraint to wages and other remuneration,
(b) to provide options for a return to collective bargaining, and
(c) to implement certain other expenditure management measures.
Priority of this Act
3This Act prevails over the terms of any other Act or of any regulation, obligation, right, claim, agreement, appointment or arrangement whatsoever.
Act binds Crown
4This Act binds the Crown.
Expiring agreements
5(1)Where, in relation to an expiring agreement, the time within which an employer may give notice under subsection 43.1(1) of the Public Service Labour Relations Act has passed before the commencement of this Act or will pass within thirty days thereafter, the employer may give that notice at any time within thirty days after the commencement of this Act.
5(2)Where, in relation to an expiring agreement, the time within which a bargaining agent may give notice under section 33 of the Industrial Relations Act or section 44 of the Public Service Labour Relations Act has passed before the commencement of this Act or will pass within thirty days thereafter, the bargaining agent may give that notice at any time within thirty days after the commencement of this Act.
Discussion period
6(1)During the period described in subsection (2), a bargaining agent may discuss with an employer the extension of a continuing agreement.
6(2)Discussions under this section may continue until whichever is the later of
(a) September 30, 1992,
(b) twenty days before the end of the pay freeze period, or
(c) such other time as the bargaining agent and the employer may agree.
Extension by agreement
7(1)At any time during the period described in section 6 or within fifteen days after it ends a bargaining agent may give notice in writing to the employer
(a) that it wishes to extend the continuing agreement on the following terms:
(i) the duration of the agreement is extended by an additional two years,
(ii) any payments delayed under subsection 3(3) of the Expenditure Management Act, 1991 are delayed for an additional two years,
(iii) for the first year of the two-year delay under subparagraph (ii), wage scales under the agreement are increased by one per cent,
(iv) for the second year of the two-year delay under subparagraph (ii), wage scales under the agreement are increased by an additional two per cent, and
(v) all other terms of the continuing agreement remain as stated in the agreement; or
(b) that it wishes
(i) to extend the duration of the agreement for an additional period agreed during the discussions under section 6,
(ii) to delay for an additional period agreed during those discussions any payments delayed under subsection 3(3) of the Expenditure Management Act, 1991, and
(iii) to make such other amendments to the agreement as are agreed during those discussions.
7(2)Subject to subsections (3) and (4), where notice is given under paragraph (1)(a) or (b), the continuing agreement shall be extended and amended accordingly.
7(3)Where a notice is given under paragraph (1)(b) and the employer is a separate employer or a nursing home, no extension or amendment shall be made without the approval of the Lieutenant-Governor in Council.
7(4)Where a notice is given under paragraph (1)(b) and an additional period described under subparagraph (1)(b)(i) or (ii) is less than two years, no extension or amendment shall be made without the approval of the Lieutenant-Governor in Council.
7(5)Where an approval under subsection (3) or (4) is requested but is not granted, the employer and the bargaining agent shall be so notified.
7(6)Where notification is given under subsection (5),
(a) the period described in section 6 shall be deemed not to have ended until fifteen days after the notification is received if that period would otherwise have ended earlier, and the period may be further extended by agreement under paragraph 6(2)(c), and
(b) for the purposes of section 8, the notice previously given under this section shall be deemed not to have been given.
Notice to bargain
8(1)Within fifteen days after the end of the period described in section 6, a bargaining agent which does not give notice under section 7 may give the employer notice to bargain under section 33 of the Industrial Relations Act or section 44 of the Public Service Labour Relations Act.
8(2)Where notice to bargain is given under subsection (1), the continuing agreement ceases to operate, and the parties shall proceed accordingly in relation to concluding a new collective agreement.
8(3)A new collective agreement may be retroactive to any date after the end of the pay freeze period under the continuing agreement it replaces.
8(4)Within fifteen days after a notice to bargain is given under subsection (1), an employer under the Public Service Labour Relations Act may give notice under subsection 43.1(1) of that Act, notwithstanding the time limit in that subsection, and the parties shall proceed accordingly in relation to the designation of positions for the delivery of essential services.
8(5)Where the employer is a separate employer or a nursing home, no collective agreement shall be concluded under this section without the approval of the Lieutenant-Governor in Council.
Extension where no notice
9Where no notice is given under section 7 or 8, the continuing agreement is extended on the terms set out in paragraph 7(1)(a).
Effect of extension
10Any continuing agreement that, in accordance with subsection 4(2) or (3) of the Expenditure Management Act, 1991, was deemed
(a) 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, or
(b) 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
shall continue to be so deemed for those purposes, notwithstanding any extension of the agreement under this Act.
Delayed payments not due
11(1)In the period before a continuing agreement is extended under section 7 or 9 or replaced by a new collective agreement under section 8, no payment delayed by subsection 3(3) of the Expenditure Management Act, 1991, becomes due, whether or not the pay freeze period under the continuing agreement has ended, and, where the pay freeze period has ended, whether it did so before or after the commencement of this Act.
11(2)Once a continuing agreement is extended under section 7 or 9 or replaced under section 8, any question as to whether or when a payment delayed by subsection 3(3) of the Expenditure Management Act, 1991, is due shall be determined in accordance with this Act and with the terms of the extended or replacement collective agreement.
Non-bargaining employees
12(1)In this section
“non-bargaining employee” means an employee of the public service or a nursing home whose terms and conditions of employment are not determined by a collective agreement.(employé non syndiqué)
12(2)During the period of two years following the two-year period determined in each case in accordance with subsection 6(4) of the Expenditure Management Act, 1991, no increase in wages or salary shall be awarded to any non-bargaining employee unless the increase is approved by the Lieutenant-Governor in Council as being generally consistent with the restraint measures established by subparagraphs 7(1)(a)(iii) and (iv) and those agreed to or approved under sections 7 and 8.
Autonomous agencies
13(1)In this section
“autonomous agency” means a person or body to which a department of the government of New Brunswick provides funding so that the person or body may, on the department’s behalf, deliver services to the community or to individuals from the community.(organisme autonome)
13(2)Where, on the commencement of this section, an autonomous agency is party to an agreement under which it is bound to increase the pay of an employee at some point in the future, and that increase is, in the opinion of the Lieutenant-Governor in Council
(a) excessive, by reference to the restraint measures established by subparagraphs 7(1)(a)(iii) and (iv) and those agreed to or approved under sections 7 and 8, and
(b) such that, if paid, it would prejudice the ability of the autonomous agency to deliver the services for which the funding is provided,
the Lieutenant-Governor in Council may reduce the increase.
13(3)An Order in Council may only be issued under this section if the autonomous agency, no later than October 15, 1992,
(a) requests in writing that the department that is providing funding seek the Order in Council, and
(b) notifies the employees affected, or their bargaining agent if applicable, of the request.
Renegotiation not required
14Notwithstanding 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.
Certain payments unaffected
15Notwithstanding 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,
(c) increases in the minimum wage under the Employment Standards Act,
(d) the Lump Sum Exemption Regulation - Expenditure Management Act, 1991, or
(e) other matters or circumstances prescribed by regulation.
Agreement — Medical Society
16(1)In this section
“Agreement” means the “Agreement Between the Province of New Brunswick and the New Brunswick Medical Society Regarding Payment Arrangements for Insured Medical Services under the Medical Services Payment Act”, made on the 19th day of December 1990 between the Society and Her Majesty the Queen in right of the Province of New Brunswick as represented by the Minister;(Entente)
“Minister” means the Minister of Health and Community Services;(Ministre)
“Society” means the New Brunswick Medical Society.(Société)
16(2)At any time until October 15, 1992, the Society may give the Minister notice in writing that it wishes to renegotiate the Agreement.
16(3)Unless the Agreement is amended or replaced following negotiations under subsection (2), the following provisions apply:
(a) in Articles II and III of the Agreement
(i) every reference to 1991 shall be deemed to be a reference to 1994,
(ii) every reference to 1992 shall be deemed to be a reference to 1995, and
(iii) every reference to 1993 shall be deemed to be a reference to 1996; and
(b) Article II of the Agreement shall be deemed to include terms providing for increases in payment rates of one per cent, effective April 1, 1992 and two per cent, effective April 1, 1993, the precise distribution of those increases to be determined by the parties no later than February 28, 1994.
16(4)Notwithstanding subsection (3), the increases in paragraph (3)(b) do not become operative unless
(a) the Society notifies the Minister that it does not wish to renegotiate the Agreement,
(b) the Society does not give notice under subsection (2), or
(c) the increases remain unchanged following renegotiation of the Agreement.
16(5)If an increase in paragraph (3)(b) becomes operative, it does so with retroactive effect to the date specified in that paragraph.
16(6)This section shall be deemed to have come into force on March 31, 1991.
16(7)Section 11 of the Expenditure Management Act, 1991, chapter E-13.1 of the Acts of New Brunswick, 1991, is repealed.
Agreement — Pharmacists’ Association
17(1)In this section
“Agreement” means the agreement respecting a reimbursement structure for pharmacies under the Prescription Drug Program, reached on October 4, 1990 and signed on November 23, 1990, between the Association and the Department;(Entente)
“Association” means the New Brunswick Pharmacists’ Association;(Association)
“Department” means the New Brunswick Department of Health and Community Services.(ministère)
17(2)At any time until October 15, 1992, the Association may give the Department notice in writing that it wishes to renegotiate the Agreement.
17(3)Unless the Agreement is amended or replaced following negotiations under subsection (2), the following provisions apply:
(a) in clause 1.0 the reference to 1992 shall be deemed to be a reference to 1993,
(b) clause 2.3 shall be deemed to provide for the following professional fees:
(i) from November 1, 1990 to June 30, 1992, $7.05
(ii) from July 1, 1992 to June 30, 1993, $7.12.
17(4)Notwithstanding subsection (3), the increase in subparagraph (3)(b)(ii) does not become operative unless
(a) the Association notifies the Department that it does not wish to renegotiate the Agreement,
(b) the Association does not give notice under subsection (2), or
(c) the increase remains unchanged following renegotiation of the Agreement.
17(5)If the increase in subparagraph (3)(b)(ii) becomes operative, it does so with retroactive effect to the date specified in the subparagraph.
17(6)This section shall be deemed to have come into force on June 29, 1991.
17(7)Section 12 of the Expenditure Management Act, 1991, chapter E-13.1 of the Acts of New Brunswick, 1991, is repealed.
Extension of time limits
18(1)With the approval of the Lieutenant-Governor in Council, anything that is to be done by a particular time under this Act may be done after that time.
18(2)Where an approval under subsection (1) is given after the time has passed, the Lieutenant-Governor in Council may give the approval retroactive effect.
Regulations
19(1)The Lieutenant-Governor in Council may make regulations
(a) defining terms used in this Act,
(b) respecting the determination of questions arising as to the interpretation or application of this Act,
(c) respecting the giving of any notice and the time when any notice shall be deemed to have been given or received,
(d) extending any time limit under this Act,
(e) prescribing matters or circumstances for the purposes of section 15,
(f) respecting exemptions from this Act or any of its provisions,
(g) applying this Act to agreements or arrangements not expressly mentioned in this Act,
(h) respecting the manner in which the purpose and intent of this Act is to be realized in relation to agreements or arrangements to which this Act applies by virtue of regulations under paragraph (g),
(i) respecting any matter considered necessary or advisable for carrying out the purpose and intent of this Act,
(j) generally, for the purposes of this Act.
19(2)Regulations under subsection (1) may be made with retroactive effect.
Commencement
20This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
Expiry of Act
21This Act ceases to have effect on the expiry of the agreements and arrangements to which it applies.
N.B. This Act was proclaimed and came into force May 28, 1992.
N.B. This Act is consolidated to November 23, 2005.