Labour Standards Code

1 Labour Standards CodeCHAPTER 246 OF THE REVISED STATUTES, 1989as amended by1991, c. 14; 2000, c. 35; 2001, c. 6, s. 110;2003 (2nd Sess.), c. 4, ss. 1, 2; 2003 (2nd Sess.), c. 7, ss. 4-14;2004, c. 6, ss. 15-20; 2005, c. 38, ss. 3, 4; 2006, c. 10, ss. 1-5;2006, c. 13, ss. 8, 9; 2006, c. 32; 2007, c. 11, s. 3; 2009, c. 18;2010, c. 37, ss. 84-116; 2011, cc. 19, 64; 2013, c. 11; 2013, c. 35, s. 4;2015, cc. 41, 42; 2016, c. 11; 2018, c. 1, Sch. A, s. 121;2018, cc. 13, 36; 2020, cc. 13, 14 2020 Her Majesty the Queen in right of the Province of Nova ScotiaPublished by Authority of the Speaker of the House of AssemblyHalifaxThis page is intentionally 5, 2020 CHAPTER 246 OF THE REVISED STATUTES, 1989amended 1991, c.

2 14; 2000, c. 35; 2001, c. 6, s. 110;2003 (2nd Sess.), c. 4, ss. 1, 2; 2003 (2nd Sess.), c. 7, ss. 4-14;2004, c. 6, ss. 15-20; 2005, c. 38, ss. 3, 4; 2006, c. 10, ss. 1-5;2006, c. 13, ss. 8, 9; 2006, c. 32; 2007, c. 11, s. 3; 2009, c. 18;2010, c. 37, ss. 84-116; 2011, cc. 19, 64; 2013, c. 11; 2013, c. 35, s. 4;2015, cc. 41, 42; 2016, c. 11; 2018, c. 1, Sch. A, s. 121;2018, cc. 13, 36; 2020, cc. 13, 14An Act to Provide for aLabour Standards CodeTable of Contents(The table of contents is not part of the statute)SectionShort ..2 Powers and Duties of the MinisterPowers and duties of of Act ..4 Application of former Act ..5 Effect of Act .. respecting administrative penalties.

3 7 AService of as prima facie evidence ..9 Irregularity ..10 Related business ..11 Transfer of business ..12 Personnel ..14 Limited release of personal information .. 14 ARecordsPreparation and retention of records ..15 Inspection of records ..16 Labour BoardConstitution of by Board and appeal to court ..20 AdministrationComplaint to or inquiry by Director ..21 Parties to proceeding under Section to Board .. , c. 246 MAY 5, 2020 Hearings public ..25 Duty of Board ..26 Record of hearing ..27 Employee ProtectionProtection of identity of complainant ..28 Employer not to discriminate if garnishment ..29No discrimination against complainant, witness, to director or payVacation.

4 32 Waiver of entitlement under subsection 32(1) ..33 Vacation pay on termination ..34 Calculation of vacation pay ..35 Vacation pay in trust and deemed secure debt due ..36 Holidays with PayEmployer to grant general holiday ..37 Alternative holiday ..38 Substituted holiday ..39 Wages not to be reduced or not pay at one and one-half times regular rate ..41 Entitlement to holiday respecting general holiday ..43 Industrial StandardsConstruction industry conference schedule of wages and hours ..44 Posting of schedule ..45 Schedule binds employer and respecting hours ..47 Minimum WagesMinimum wage order ..50 Minimum Wage Review Committee ..51 Publication of minimum wage order.

5 52 Temporary suspension or variation of order ..53 Posting of agreement to pay minimum wage ..55 Complaint respecting minimum wage ..56 Equal PaySubstantially the same work ..57 Prohibition respecting wage history .. 57 AWage information .. 57 BComplaint to Director or Board ..58 Protected Leave General ProvisionsOption to maintain benefit plan .. 58 APosition and seniority upon return to 58 BEntitlement to benefits .. 58 CEntitlement to certain leaves in addition to other leaves .. 58 DComplaints .. 58 EConfidential information .. 58 FPregnancy Leave and Parental LeavePregnancy leave ..59 Requirement by employer to take leave .. 59 AParental leave .. , c. 246labour standards3 MAY 5, 2020 Interruption of leave by hospitalization of child.

6 59 CNotice .. 59 DProof of 59 EBereavement Leave and Court LeaveBereavement leave .. 60 ACourt leave .. 60 BNotice .. 60 CCompassionate-Care LeaveEntitlement to unpaid compassionate-care leave .. 60 EReturn to 60 EASick LeaveEntitlement to unpaid sick leave .. 60 GReservist LeaveUnpaid service leave .. 60 HNotice .. 69 HAEmergency LeaveUnpaid leave of for Citizenship CeremonyUnpaid leave of 60 JCritically Ill Child Care LeaveInterpretation of Sections 60K to 60S .. 60 KUnpaid leave of 60 LBeginning and end of leave .. 60 MEnd of leave if more than one child critically ill .. 60 NAdditional leave .. 60 OEnding leave early and changing when leave 60 PReturn to work and calculation of weeks taken.

7 60 QCritically Ill Adult Care LeaveInterpretation of Sections 60SB to 60SG .. 60 SAUnpaid leave of 60 SBBeginning and end of leave .. 60 SCEnd of leave if more than one family member critically ill .. 60 SDAdditional leave .. 60 SEEnding leave early and changing when leave 60 SFReturn to work and calculation of weeks taken .. 60 SGCrime-related ChildDeath or Disappearance LeaveInterpretation of Sections 60T to 60X .. 60 TUnpaid leave of absence, crime-related child death .. 60 UUnpaid leave of absence, crime-related child disappearance .. 60 VWhen leave may be 60 WChange of 60 XLeave for Victims of Domestic ViolenceInterpretation .. 60 YEntitlement to 60 ZStarting and ending leave.

8 60 ZAProvision of information regarding 60ZB4labour , c. 246 MAY 5, 2020 Hours of LabourPowers respecting hours of of hours in certain cases ..62 Excess hours in special ..64 Where hours of Labour restricted ..65 Period of rest ..66 Working in retail business on 66 ARest or eating break .. 66 BComplaint to Director or Board ..67 Employment of ChildrenChildren under sixteen years ..68 Effect of Section 68 ..69 Complaint to Director or Board ..70 Termination of EmploymentDismissal or suspension without just of employment by employer ..72 Termination of employment by employee ..73 Duty of employer if notice of termination by notice of termination and where lay-off and no notice.

9 76If employment continues ..77 Complaint to Director or Board ..78 Protection of PayFrequency of pay ..79 Deductions for loss .. 79 AForm of wages ..80 Complaint to Director ..81 Complaint to Director by individual recruited for employment .. 81 AWhen Director not to entertain complaint ..82 Complaint to Lien Act .. 83 ASecurity if appeal by employer ..84 Statutory garnishee ..85 Payment where employee cannot be found ..86 Payment by Board or Director ..87 Lien ..88 Unlawful assignment of wages ..89 Reciprocal enforcement of 89 AProtection of IndividualsRecruited for EmploymentNo fee permitted .. 89 BNo engagement of unlicensed recruiter .. 89 CContract void .. 89 DNo cost recovery from 89 ENo wage reduction.

10 89 FProperty foreign worker entitled to 89 GLicensing of Recruiters and Registrationof Employers of Foreign WorkersNo recruiting unless 89 HApplication for licence .. 89 IFee and security .. 89 JInquiries by 89 KTerms and conditions .. 89 LTerm of licence .. 89 MLicence not , c. 246labour standards5 MAY 5, 2020 Notification of change .. 89 ORefusal of licence .. 89 PNo refusal without hearing .. 89 QCancellation or suspension .. 89R employer defined .. 89 SNo recruiting by employer unless 89 TApplication for registration .. 89 URegistration .. 89 VRefusal of registration .. 89 WNo refusal without hearing .. 89 XCancellation or suspension.