Application for a Variance

Period of Rest Provisions of the Labour Standards Code

Section 66(1)(a) of the Nova Scotia Labour Standards Code requires that employers give employees 24 consecutive hours off in every 7 day period so that employees never work more than 6 consecutive days without a period of rest. The requirement to give employees a period of rest is mandatory, employees cannot choose to work more than 6 consecutive days for the employer without a period of rest.

In limited circumstances, companies can obtain permission from the Director of Labour Standards for a different period of rest arrangement. This is called a variance. The Director may grant a variance if:

  • the Company has strong business reasons for requesting an alternative period of rest
  • the alternative period of rest is due to a special project or undertaking that is temporary in nature
  • the proposed alternative period of rest arrangement provides employees with a number of rest days that are equal to 1 day off for every 6 days worked.

In assessing an application for a variance, the Director will also consider:

  • health and safety considerations
  • if the Company is unionized, whether the union supports the request

To apply for a period of rest that is different from the requirement in Section 66(1)(a) of the Labour Standards Code:

  1. Complete the online form below. All fields must be completed. If a field does not apply to your situation, mark “N/A” and, if appropriate, provide an explanation.
  2. Submit online or send a copy of your completed form to:
    Mail: Nova Scotia Labour Standards Division
    PO Box 697
    Halifax, Nova Scotia B3J 2T8
    Fax: 902-424-0648

Information about the Individual Applying for this Variance

Information about the Company Applying for this Variance

Nature and Description of Work

Information about the Proposed Alternative Period of Rest Arrangement

Note: You may be asked to provide, separate from this application, the names and signatures of affected workers indicating their consent.

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