Effective Feburary 1, 1996

Regulations made pursuant to Sections 184, 3, 5, 41, 42, 52, 59, 60, 125, 128, 217, and 227 of Chapter 10 of the Statutes of Nova Scotia, 1994-95, The Workers' Compensation Act.

Citation

1 These regulations may be cited as the Workers' Compensation General Regulations.

Scope of coverage - inclusion of industries

2 Subject to Sections 3 to 18, employers and workers engaged in, about or in connection with the industries listed in Appendix "A" are subject to the operation of the Act.

Scope of industries - exclusion of industries

3 Despite Section 2, employers and workers engaged in, about or in connection with the following industries are excluded from the operation of the Act:

(a) the business of a florist or seedman, seed growing, gardening and horticulture; the keeping or breeding of livestock, poultry or bees; fruit growing, the picking, grading, packing, hauling, handling and storage of fruit or vegetables;

(b) barber shops and shoe shine establishments;

(c) undertaking and funeral directing;

(d) educational institutions, surgical medical, veterinary work and dental surgery;

(e) taxidermy;

(f) work upon golf courses, tennis grounds, grounds used for open air sports, games or athletics when performed by workers of the owner or occupier;

(g) the operation of taxicabs;

(h) all operations and work carried on by means of a ship, boat or vessel of any kind or performed by the members of the crew thereof, that are not included in the industries listed in Appendix "A" of these regulations; and

(i) fishing, sealing and dredging before the first day of January, 1970.

4 (1) Subject to subsection (2), marine wrecking, marine salving, the landing, warehousing and caring for property so salved, all operations in or about a ship wrecked, or in distress, and all work incidental to any of the foregoing are excluded from the application of the Act.

(2) Subsection (1) does not apply if the work is:

(a) performed by an employer who is assessed with respect to any industry which includes such operations;

(b) carried on by means of a steamship whose generaloperations at the time are within the application of the Act; or

(c) performed for the employer by the members of the crew of the ship wrecked or in distress and the industry in which the ship is engaged is at the time within the application of the Act.

(3) In the cases mentioned in subsection (2), the employer is liable for such special or additional assessment with respect to the operations as the Board may make.

5 Every industry which, if carried on by an employer carrying on no other industry, would not be an industry to which the Act applies, is excluded from the application of the Act when it is carried on as a separate business or undertaking by an employer who is also carrying on an industry to which the Act applies.

6 (1) Anything not itself carried on or done by the employer as a business or trade, which but for this Section would be an industry to which the Act applies, is excluded from the application of the Act, except when it is carried on or performed as part of, or as a process in, or as incidental to, an industry to which the Act applies.

(2) This Section does not apply to any industry carried on by or for a city, town or municipality, or a public utility, or to anything incidental thereto.

7 When an industry is carried on by a city, town or municipal corporation, the work in connection with the industry that is performed by the mayor, warden, councillors, aldermen, clerk, treasurer or manager, is excluded from the application of the Act.

8 Aviation and aerial transportation and all work incidental thereto, even though carried on by an employer who is assessed for operations to which the Act applies, are excluded from the Act.

Scope of coverage - exclusion of classes of workers

9 (1) The following persons are excluded from the Act:

(a) persons whose employment is of a casual nature when they are employed otherwise than for the purposes of the employer's trade or business;

(b) outworkers;

(c) persons employed by a city, town or municipal corporation as members of a police force or the fire department; and

(d) farm labourers or domestic or menial servants or their employers.

(2) In this Section, "outworker" means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in the person's own home or on other premises not under the direct or indirect control or management of the person who gave out the articles or materials.

10 All actors, players, artists and entertainers and all members of a company or troupe of actors, players or entertainers and the work performed by them in a theatre or broadcasting station, as well as all work incidental to their engagement or performances are excluded from the application of the Act.

11 (1) Any director or officer of an incorporated company who performs no services for the company except to attend directors' meetings, and the work so performed, are excluded from the Act.

(2) Where a director or officer of an incorporated company holds the position of President, Vice-President, or any other office and receives no remuneration for services other than such amount as may be allowed to each director of the company for attending directors' meetings, such persons and the work performed by them are excluded from the Act.

12 Persons receiving remuneration for soliciting subscriptions for or selling newspapers and other periodicals or for writing editorials, news items or articles or for making collections, but who do not perform any other duties in connection with the newspaper, magazine or other publication and do not in connection with their duties occupy or use any office, room or space in the building in which the newspaper, magazine or publication is printed or in which are editorial, business or other offices, or in which the type is set up or the machinery is installed, are excluded from the application of the Act.

13 Persons employed by a telephone company to perform services in a house or building not owned, occupied or controlled by the company and whose time is not wholly devoted during office hours to the work of the employer, are excluded from the application of the Act and the services performed by those employees are excluded from the application of the Act.

14 Travelling sales workers when they are the only workers employed in an industry are excluded from the application of the Act.

Scope of coverage - exclusion of class of employers

15 Subject to Sections 16 to 18, every business or undertaking is excluded from the application of the Act until at least three workers are at the same time employed in the business or undertaking.

16 Where a business or undertaking is being carried on

(a) partly by the employer and partly by one or more contractors; or

(b) entirely by two or more contractors of an employer,

the business or undertaking is not excluded from the application of the Act after the time three or more workers are at the same time employed in the business or undertaking.

17 When counting the number of workers for purposes of Section 15, "worker" includes

(a) a person who would be a worker but for the operation of clause 2 (ae) (xiii) of the Act; and

(b) an officer, director or manager of an employer, where the person is

(i)actively engaged in the business but not carried on the payroll of the business at the person's actual earnings, or

(ii)not actively engaged in the business but carried on the payroll of the business.

18 For greater certainty, the definition of "worker" in Section 17

(a) is made solely for purposes of counting the number of workers for purposes of Section 15;

(b) does not operate to make a person described in Section 17 a "worker" for purposes of the Act; and

(c) does not entitle any person described in Section 17 to compensation under the Act.

Occupational Diseases

19 The processes, trades or occupations, and the corresponding occupational diseases listed in Appendix "B" are listed for the purposes of subsection 12 (3) of the Act.

Earnings

20 A worker's gross average earnings are the total of

(a) the worker's regular salary or wages, less earnings-related expenses;

(b) for the first 12 weeks of temporary earnings-replacement benefits, income from overtime; and

(c) after the first 12 weeks of temporary earnings-replacement benefits, and for purposes of benefits other than temporary earnings-replacement benefits, income from

(i) overtime,

(ii) commissions,

(iii) bonuses,

(iv) vacation pay,

(v) federal unemployment insurance or employment insurance benefits, excluding benefits payable for maternity or paternity leave,

(vi) a profit-sharing arrangement with the worker's employer,

(vii) tips and gratuities, if reported on a worker's T4 income tax slip,

(viii) other types of employment income allowable on the "Employment Income" and "Other Employment Income" lines of an individual tax return.

Minimum and maximum earnings

21 The gross annual earnings of a member of a volunteer fire department admitted to the operation of the Act pursuant to Section 5 of the Act shall be

(a) a minimum of $10 200 dollars, and

(b) a maximum of the amount determined as maximum earnings pursuant to clause 41(c) of the Act.

22 (1) In this Section, "average industrial wage for Nova Scotia" means the wage reported by Statistics Canada as 'Average weekly earnings, for all employees, industrial aggregate, Nova Scotia', for the 12-month period ending March 31 in the preceding calendar year.

(2) Subject to subsection (3), the percentage for purposes of clause 41(c) of the Act is 150%.

(3) The amount derived by multiplying the average industrial wage by 150% shall, for purposes of Sections 41 and 124 of the Act, be rounded to the nearest $100.

Annuities

23 (1) In this Section,

(a) "principal" means the amount reserved by the Board as an annuity pursuant to Sections 50 or 66 of the Act; and

(b) "recipient" means the person entitled to receive an annuity pursuant to the Act.

(2) Where the principal and accrued interest is less than $10 000 at the time the annuity becomes payable, the Board shall, unless the recipient requests otherwise, pay the principal and interest to the recipient in a lump sum.

Survivor benefits

24 The maximum amount payable pursuant to clause 60(1)(a) of the Act for the necessary expenses of burial of the worker is $5000, provided

(a) application has been made for burial expenses payable pursuant to the Canada Pension Plan; and

(b) payment for burial expenses under the Canada Pension Plan has been made or refused.

25 The maximum amount payable pursuant to clause 60(1)(b) of the Act for transportation of the body of the worker is:

(a) $500, where the place of death is within the Province; or

(b) an amount equal to the actual expenses of transportation, where the place of death is outside the Province.

26 The amount of the death benefit payable pursuant to subclause 60(1)(c)(i) of the Act is $15 000.

27 The amount of the dependent-child benefit payable pursuant to clause 60(1)(d) of the Act is $196 per month.

Supplementary benefits

28 In Sections 29 to 33,

(a) "applicant" means a worker, dependent spouse or invalid child who

(i) satisfies the criteria in clauses 227(4)(a), (b) and (c) of the Act, and

(ii) has made an application pursuant to clause 29(1)(a);

(b) "benefit year" means

(i) the period beginning on the date Section 227 of the Act is proclaimed in force and ending on September 30, 1996, and

(ii) thereafter, the period beginning on October 1 and ending on September 30;

(c) "CPP/QPP" means the Canada Pension Plan or Quebec Pension Plan; and

(d) "supplementary benefit" means the benefit described in subsection 227(4) of the Act.

29 (1) A supplementary benefit shall not be paid unless each of the following conditions is satisfied:

(a) a worker, dependent spouse or invalid child is eligible for a supplementary benefit upon written application to the Board; and

(b) an applicant shall provide to the Board the information it requires from time to time to determine eligibility for the supplementary benefit.

(2) An applicant who is an injured worker is eligible for a supplementary benefit if the worker

(a) is receiving a CPP/QPP disability pension for the worker's compensable injury; or

(b) would, in the opinion of the Board, be eligible for a CPP/QPP disability pension for the worker's compensable injury but for insufficient contributions or lack of contributions to CPP/QPP.

(3) An applicant is eligible for a supplementary benefit until the month after the month in which the applicant attains the age of sixty-five years.

(4) A supplementary benefit is payable as of the first day of the month in which application for the supplementary benefit is made.

30 (1) Despite subsection 29 (4), a supplementary benefit is payable as of any date fixed by the Board that is earlier than the date fixed by subsection 29 (4), if

(a) an applicant satisfies the criteria in clauses 227(4)(a), (b) and (c) of the Act on the date Section 227 of the Act is proclaimed in force; and

(b) application for the supplementary benefit is made within one year from the date on which Section 227 of the Act is proclaimed in force.

(2) A date fixed by the Board pursuant to subsection (1) shall not be earlier than the date on which Section 227 of the Act is proclaimed in force.

31 Eligibility for a supplementary benefit may be reviewed by the Board

(a) annually; and

(b) at any other time if, in the opinion of the Board, a review is necessary.

32 The amount of the supplementary benefit is the lesser of

(a) the amount of a full monthly pension for old age security pursuant to Section 3 of the Old Age Security Act (Canada); or

(b) the amount required to bring the applicant's individual annual personal income up to the income threshold for individuals under the Guaranteed Income Supplement program under the Old Age Security Act (Canada).

33 For purposes of Section 32, the amount of

(a) a full monthly pension for old age security pursuant to Section 3 of the Old Age Security Act (Canada); and

(b) the income threshold for individuals under the Guaranteed Income Supplement program under the Old Age Security Act (Canada), is the pension or threshold amount as of

(c) July 1, 1995, for the benefit year ending September 30, 1996; and

(d) thereafter, July 1 in the benefit year preceding the benefit year in which application for the supplementary benefit is made.

Posting of notices

34 Every employer shall post and keep posted in conspicuous places within easy access of the employer's workers

(a) any card, notice or printed information which the Board directs the employer to post; and

(b) a notice informing the employer's workers of the nearest location at which a copy of the Act can be viewed or obtained.

Assessments

35 Copies or reports of payroll shall be furnished by the employer to the Board on or before the last day of February in each calendar year.

36 Where an employer fails to register with the Board upon becoming an employer, the employer is liable to a penalty equal to 10% of the employer's assessment, including the assessment levied for the period of non-registration.

37 (1) Where an employer fails to provide the Board with

(a) an estimate of the employer's payroll; or

(b) any other information required by the Board pursuant to Section 127 of the Act.

the employer is liable to a penalty equal to 5% of the employer's assessment based on actual payroll for the previous year.

(2) For purposes of subsection (1), the minimum penalty is $50.

(3) For purposes of subsection (1), the maximum penalty is

(a) $2000; or

(b) where the employer fails to comply with Section 127 of the Act in two or more consecutive years, $10 000.

38 (1) Where an employer does not pay an assessment within the time required by the notice of assessment, the employer is liable to a penalty equal to 2% of the amount of the unpaid assessment.

(2) Where any amount of the assessment is unpaid more than one month beyond the date the assessment was payable, the employer is liable to a penalty equal to 1% of the amount of the unpaid assessment for each month or part of a month the amount of the assessment is unpaid.

(3) The penalty in subsection (2) is in addition to any penalty for which the employer may be liable under subsection (1).

39 (1) Subject to subsection (2), where

(a) the employer's average estimate of probable payroll;

(b) the deemed payroll pursuant to Section 130 of the Act; or

(c) the Board's initial calculation of actual payroll, is less than the actual amount of the payroll determined at the end of the calendar year, the employer is liable to a penalty equal to

(d) 10% of the difference between actual payroll and the payroll determined pursuant to clauses (a), (b) or (c), multiplied by

(e) the employer's rate of assessment.

(2) Subsection (1) does not apply if the actual payroll is less than 120% of the payroll determined pursuant to clauses (a), (b) or (c).

40 (1) Subject to subsection (2), where

(a) the employer's average estimate of probable payroll;

(b) the deemed payroll pursuant to Section 130 of the Act; or

(c) the Board's initial calculation of actual payroll, is more than the actual amount of the payroll determined at the end of the calendar year, the Board shall credit the employer's assessment account with an amount equal to

(d) 3% of the difference between actual payroll and the payroll determined pursuant to clauses (a), (b) or (c), multiplied by

(e) the employer's rate of assessment.

(2) Subsection (1) does not apply if the actual payroll is more than 80% of the payroll determined pursuant to clauses (a), (b) or (c).

APPENDIX "A"

A B C D E F G H I J L M O P Q R S T W Y

Abattoirs, including preparation of meats and manufacturing of meat products
Agricultural implements manufacturing
Aircraft manufacturing and assembling, not including aerial testing, flying or demonstrating
Artificial ice manufacturing
Automobile assembly and manufacturing
Awning and tent manufacturing, sail making and burlap manufacturing
Axe manufacturing

Bakeries
Bakeries and manufacturing of confectionery
Barytes mining and milling
Beverage manufacturing and breweries
Bill posting
Blacksmith shops
Boat building, including manufacture of blocks and spars for ships
Boiler scaling and cleaning
Boiler making, machine shops, general metal repairs and marine engineering
Bolt, nut and other metal products manufacturing
Bookbinding and printing
Boot and shoe manufacturing
Box shooks manufacturing and box making
Brick, tile, pottery, sewer pipe manufacturing
Bridge building, operation of bridges
Broadcasting stations
Building
Building construction-Carpentry, cellar excavation, concrete, brick or masonry work in connection with building construction, glazing or installation of plate or leaded glass, lathing, installation of mantels or grates, paper-hanging, decorating and renovating, plastering, painting, roofing and building moving
Bus transportation service
Butter, cheese and other dairy products manufacturing

Cable or telephone system
Canneries
Canning
Carbonic acid gas manufacturing and manufacturing of dry ice and bottling and distributing propane gas
Carpet and rug manufacturing
Catering
Cement manufacturing
Chimneys or stacks, elevated water tanks, stand-pipes or water towers, steeples
Cider manufacturing and syrup and extracts manufacturing and distillery
Cleaning products manufacturing
Cleaning and dyeing
Clothing manufacturing
Coal mining
Coal yards, including delivery
Coffin and casket manufacturing
Cold storage plants
Cold storage warehouses
Condensed milk manufacturing
Construction
Construction of electric power plants
Cooperage stock (assembling) with machinery or handwork
Cordage manufacturing
Creosoting timber
Cutlery manufacturing
Cutting and selling of Christmas trees

Dairies
Decorating
Departmental and mail order stores
Distributing fuel oil and installation of heating equipment, when in conjunction
Dredging
Drilling
Drug manufacturing
Dry docks operation and steel ship building and repairs
Dyeing and cleaning

Electric wiring of buildings, installation of electrical systems and fixtures
Electric light and power plants operation and maintenance, extension of lines and making service connections
Electric light or power plant or system
Elevators
Enamel ware manufacturing
Engine manufacturing
Engine and machinery installation and repairs
Engineering
Excavation
Express companies

Fertilizer manufacturing
Fish curing and packing, marine products manufacturing, and canning of lobsters and other shellfish
Fishing, sealing, whaling and dredging
Foundries
Fruit evaporating
Fruit packing, feed mixing and combining
Furniture manufacturing\

Garages, including motor vehicle repairs and vulcanizing, auto sales and service, and service stations
General stores
Geophysical explorations
Grist mills\

Handling of hides
Hat and cap manufacturing
Heating and sanitary engineering
Highway bridge and overpass construction
Hotels, restaurants, taverns, lounges, motels and catering

Ice harvesting, storing and delivery

Jewellery manufacturing and lens manufacturing
Junk dealers and junk scrapping

Landscaping
Laundries
Leather goods manufacturing and rubber stamps manufacturing
Lithographing and engraving
Lumbering
Logging, woods operations, river driving, rafting, booming, cutting and peeling pulpwood, sawmills, shingle mills, lath mills, rossing plants, excelsior mills, cooperage stock manufacturing with sawmills, hauling and loading on cars or vessels, as a business or in an industry in this group, and surveying of lines of timberlands in an industry in this group; Christmas tree operations and the construction and repair of dams, camps, sawmills and other buildings
Lumber yards, lumber yards (commercial)

Machinery and engine installation and repairs
Manufacture of shipping containers
Manufacture, sale and distribution of artificial ice
Manufacturing
Manufacturing of warm air furnaces
Manufacturing of concrete products
Manufacturing television sets, radar and electronic instruments
Marine railway and dry dock operations
Marine railway operation
Mattress manufacturing
Milk dealers and ice cream manufacturing, including delivery
Mining
Mining not otherwise classified

Oil refining
Operation of any railway, tramway, telegraph, cable or telephone system
Operation of hospitals, nursing homes, homes for the aged, welfare homes, municipal homes, convalescent homes and veterinary hospitals
Oxygen and dissolved acetylene gas manufacturing

Packing houses
Paint manufacturing
Painting
Peat processing
Plaster milling
Plastics manufacture, manufacture of hardboard
Plumbing, including house connections, and heating
Printing
Prospecting and development of mining properties
Prospecting, development and geophysical explorations, boring or sinking artesian wells as a business, diamond drilling
Pulp and paper mill
Pulp manufacturing

Quarrying

Rafting of lumber
Railroad car manufacturing
Railroad construction
Railroad operation
Refrigeration
Renovating
Restaurants
Retail stores and establishments
Riverdriving
Road and street making and paving
Road construction and repairs
Rock wool manufacturing
Rolling mills

Salt mining
Salt processing and refining
Sand, clay and gravel digging
Scavenging
Sealing
Service stations
Sewer construction
Sewers, waterworks, gas works, and any public utility
Sheet metal works
Shipbuilding
Spice mills
Spring bed manufacturing
Steel and iron works
Stevedoring
Stone cutting, dressing and polishing
Stone crushing
Street cleaning,
Streets and sidewalks maintenance and construction carried on by municipalities
Structural steel erection
Structural steel - iron and metal fabrication
Sugar refining
Supermarkets

Tanks - erection of steel storage tanks when placed on the ground
Tanning
Tar manufacturing
Taverns and lounges
Teaming-Extension of lines, etc.
Telegraph and telephone companies - office and exchange employees
Textile manufacturing
Theatres
Tinsmith shop and can manufacturing
Transportation
Trucking and transportation - automotive

Warehouses
Warehouses, not otherwise classified
Waterworks construction
Waterworks operation
Whaling
Wharf and breakwater construction
Wholesale stores and establishments
Window cleaning
Wooden articles manufacturing not otherwise classified
Wooden shipbuilding
Woodworking factories and planing and moulding mills, without rotary saw

Yeast manufacturing and any occupation incidental to or immediately connected with any of the industries or operations mentioned above.

APPENDIX "B"

SCHEDULE "A"

REGULATIONS RESPECTING FUNCTIONAL RESTORATION MADE BY THE GOVERNOR IN COUNCIL PURSUANT TO CHAPTER 10 OF THE STATUTES OF NOVA SCOTIA 1994-95, THE WORKER'S COMPENSATION ACT

Citation

1 These regulations may be cited as the Functional Restoration (Multi-Faceted Pain Services) Program Regulations.

Definitions

2 In these regulations,

(a) "Appeal Board" means the Appeal Board constituted pursuant to the former Act or the Worker's Compensation Transitional Appeal Regualtions made by Order of Council 95-411 on May 23, 1995;

(b) "chronic pain" means pain

(i) continuing beyond the normal recovery time for the type of personal injury that precipitated, triggered, or otherwise predated the pain, or

(ii) disproportionate to the type of personal injury that precipitated, triggered, or otherwise predated the pain;

and includes chronic pain syndrome, fibromayalgia, myofascial pain syndrome, and all other like or related conditions, but does not include pain supported by significant, objective, physical findings at the site of the injury which indicate that the injury has not healed;

(c) "compensation" includes earnings-replacement benefits, permanent-impairment benefits, annuities, medical aid, and rehabilitation programs and services;

(d) "former Act" means Chapter 508 of the Revised Statutes of Nova Scotia, 1989.

(e)"Functional Restoration (Multi-Faceted Pain Services) Program" means the Functional Restoration (Multi-Faceted Pain Services) Program of the Board established pursuant to these regulations for the purpose of preventing and managing chronic pain through early invention; and

(f) "normal recovery time" means the estimate by the Board of the normal time required for workers with a specific type of personal injury to return to work after the injury.

Inclusion of chronic pain in operation of Act

3 (1) Chronic pain is included in the operation of Part 1 of the Act, subject to the terms and conditions set ou in these regulations.

(2) For greater certainty, except as provided in these regulations, chronic pain is and deemed always to have been excluded from the operation of Part 1 of the Act, and no compensation is payable in connection with chronic pain except in accordance with these regulations.

Functional Restoration (Multi-Faceted Pain Services) Program

4 There is hereby established a program of the Board known as the Functional Restoration (Multi-Faceted Pain Services) Program.

5 A worker may be designated by the Board as a participant of the Functional Restoration (Multi-Faceted Services) Program if

(a) the worker is suffering from chronic pain; and

(b) the worker has, at the time of designation, a loss of earnings subsequent to a compensable injury and identifies pain and pain-related symptoms as the reason for the loss of earnings.

6 No worker may be designated as a participant in the Functional Restoration (Multi-Faceted pain Services) Program if more than 12 monthshave elapsed since the worker's date of injury.

7 (1) Participation in the Functional Restoration (Mutti-Faceted Pain Services) Program is limited to four weeks.

(2) During a worker's participation in the Functional Restoration (Multi-Faceted Pain Services) Program, the worker is eligible to receive a benefit equal to the amount of temporary earnings-replacement benefits the worker would have received if the worker was eligible for temporary earnings-replacement benefits.

Application

8 (1) These regulations apply to all decisions, orders or rulings made pursuant to the Act on or after February 1, 1996.

(2) For grater certainty, these regulations apply to any decision, order or ruling made on or after February 1, 1996, concerning eligibility for compensation or the calculation or re-calculation of an amount of compensation.

(3) Despite subsections (1) and (2), where a decision, order or ruling was made by the Board or the Appeal Board before February 1, 1996, finding that a worker has a permanent impairment in connection with chronic pain but not fixing the worker's permanent-impairment rating, a rating shall be awarded pursuant to Section 34 and compensation may be paid accordingly pursuant to Sections 226, 227 or 228 of the Act, as the case may be.

(4) Despite subsections (1) and (2), where a decision, order or ruling was made by the Board or the Appeals Board before February 1, 1996, fixing a worker's permanent-impairment rating, the rating is deemed to be the rating to which the worker is entitled and compensation shall be paid accordingly pursuant to Sections 226, 227 or 228 of the Act, as the case may be.

 SCHEDULE "B"

I, Rosemary M. Landry, Executive Corporate Secretary of the Workers' Compensation Board of Nova Scotia, certify that the regulations attached to this Report and Recommendation as Schedule "A" (except Sections 3 to 18 and 22) are regulations made by the Board of Directors of the Workers' Compensation Board of Nova Scotia.

Rosemary M. Landry
Executive Corporate Secretary