Effective Date: January 1, 2015, received royal assent on December 12, 2013
Links: Bill No. 15 An Act to Establish a Holiday in February, Nova Scotia Heritage Day FAQ
Effective Date: September 10, 2013
Links: Order in Council dated September 10, 2013
Summary of Changes:
There are new exemptions that affect the foreign worker recruiter licence and employer registration rules in the Labour Standards Code. These are regulatory changes. See below for details.
Recruiters - Foreign Worker Recruiter Licence
Most recruiters involved in the recruitment of foreign workers for employment in Nova Scotia must be licensed with the Nova Scotia Labour Standards Division. Some recruiters are exempt from this requirement. Recruiters who do not need to be licensed include:
Important note: If you are recruiting foreign workers for one of the organizations or types of jobs listed above and are also recruiting foreign workers for organizations or jobs that do not fall within the exemptions, you must be licensed.
Employers - Foreign Worker Recruitment Registration Certificate
Most employers who wish to recruit and hire foreign workers for employment in Nova Scotia must obtain a Foreign Worker Registration Certificate from the Nova Scotia Labour Standards Division. Some employers are exempt from this requirement. Employers who do not need a Foreign Worker Recruitment Registration Certificate include:
Important note: If you are an employer using a third party recruiter to find foreign workers and you fall under these registration exemptions, you are also exempt from the requirement to use a licensed recruiter.
Effective Date: July 9, 2013
Links: Bill No. 3 Support for Parents of Critically Ill or Abducted Children’s Act
Summary of Changes:
Crime-related death or disappearance leave is an unpaid leave for parents and guardians who are facing the death or disappearance of their child, under the age of 18 years old, resulting from a probable criminal act.
If the child has disappeared as a result of a probable crime, the employee can take up to 52 weeks of leave. If the child has died as a result of a probable crime, the employee can take up to 104 weeks of leave. To qualify for the leave, the employee must have worked for the same employer for at least three months. The employee does not qualify if the employee is charged with the crime.
Under both parts of the leave:
For more detailed information, please see the Crime-Related Child Death or Disappearance Leave fact sheet or contact the Labour Standards Division.
Effective Date: July 9 , 2013
Links: Bill No. 3 Support for Parents of Critically Ill or Abducted Children’s Act
Summary of Changes:
The Critically Ill Child Care leave is an unpaid leave that allows parents and guardians to take time off work to provide care and support for their critically ill, or injured, child under the age of 18 years old.
To qualify for this leave, the employee must have worked for the same employer for at least three months and a qualified medical practitioner must have issued a medical certificate stating that the child has a critical illness/injury and the time period that the child needs care. The leave allows an employee to take up to 37 weeks off work in total, within a 52 week time frame, and to return to their job at the end of their leave with the same pay and benefits they had before they took the leave.
Under the leave:
For more detailed information, please see the Critically Ill Child Care Leave fact sheet or contact the Labour Standards Division
Effective Date: December 15, 2011
Links: Bill No. 115, Citizenship Ceremony Leave
Summary of Changes:
There is a new protected leave in the Labour Standards Code which gives employees the right to take time off work to attend their Citizenship Ceremony.
Like all protected leaves, this leave is unpaid, but it protects the employee’s job security. The leave is for up to one day, or less if the employee chooses.
If possible, employees must give their employer 14 days notice that they plan to take the leave. If this is not possible, they must give as much notice as reasonably possible.
If the employer asks, the employee must provide evidence that they are attending their citizenship ceremony on a particular day, for example the “Notice to Appear” sent by Citizenship and Immigration Canada.
Effective Date: June 30, 2011
Links: Bill No. 53, Foreign Workers
Summary of Changes:
Amendments to the Labour Standards Code took effect on June 30, 2011 prohibiting the charging of recruitment fees/recovery of recruitment costs from employees or prospective employees. Labour Standards can recover improper recruitment fees. These provisions replace the Employment Agencies Act, which is repealed.
Employers are now required to keep payroll and other records for three years, rather than the previous one year, and are required to include in these records information about any payments made to recruiters. Labour Standards is able to inspect recruiter records as well as employer records.
In addition to the above provisions, which apply to all employees, two new provisions provide specific protection to temporary foreign workers:
In the coming months, Labour Standards will develop a licensing system for recruiters of temporary foreign workers and will set up a registry for employers who want to recruit temporary foreign workers. Updates will be provided as these come into effect.
Effective Date: June 30, 2011
Links: Bill No. 100, Labour Board
Summary of Changes:
As of June 30, 2011, appeals of Labour Standards decisions are made to the Labour Board, a newly consolidated board that combines the functions of several labour and employment tribunals.
As of June 30, 2011, employers who are appealing a decision of the Labour Standards division that they owe money to an employee must pay to the Labour Board the gross amount that is ordered, up to a maximum of $2,000. This money is held in trust until the Board has issued its decision, and then paid out as the Board orders. Alternatively, the employer may post a bond with the Board for the full gross amount ordered. These requirements also apply to recruiters who are ordered to repay improper recruitment fees charged to workers.
As of June 30, 2011, the Director of Labour Standards no longer routinely participates, through legal counsel, in appeals of Labour Standards orders to an employer to pay. The Director determines on a case by case basis whether the Labour Standards Division should participate in the appeal.