This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © 2024, Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Minimum Wage Order (General)
made under Sections 50 and 52 of the
Labour Standards Code
R.S.N.S. 1989, c. 246
O.I.C. 1999-56 (effective October 1, 1999), N.S. Reg. 5/1999
amended to O.I.C. 2023-26 (effective March 6, 2023), N.S. Reg. 27/2023
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Maximum rates for board and lodging
Maximum work week for minimum wage purposes
1 These regulations may be cited as the Minimum Wage Order (General).
2 This Order applies within the Province of Nova Scotia to all employees and their employers except all of the following
(a) persons who are employed in a private home by the householder to provide domestic service
(i) for a member of the employee’s immediate family, or
(ii) for no more than 24 hours within a period beginning on a Sunday and ending on the following Saturday, or during such other 7 day period which is the customary pay period of the employer;
(b) persons under the age of 16 years engaged in work on a farm whose employment is directly related to the primary production of eggs, milk, grain, seeds, fruit, vegetables, Christmas trees, Christmas wreaths, maple products, honey, tobacco, pigs, cattle, sheep, poultry, or animal furs;
(c) employees for whom there are special orders by the Governor in Council;
(d) apprentices under an apprenticeship agreement in accordance with the provisions of the Apprenticeship and Trades Qualifications Act;
(e) all persons receiving training under government sponsored and government approved plans;
(f) persons employed at a playground or summer camp operated on a non-profit basis;
(g) real estate salespersons;
(h) automobile salespersons;
(i) salespersons, other than route salespersons, who are entitled to receive all or any part of their remuneration as commissions in respect of offers to purchase or sales of goods, wares, merchandise or services which offers are normally made other than at the employer’s establishment;
(j) insurance agents licenced as such under the Insurance Act;
(k) persons engaged in work on fishing vessels;
(l) employees and employers to whom the Minimum Wage Order (Logging and Forest Operations) or the Minimum Wage Order (Construction and Property Maintenance) applies;
(m) athletes while engaged in activities related to their athletic endeavour.
3 (1) In this Order
“annual Consumer Price Index” means the “all-items”, annual, Consumer Price Index for Canada published by Statistics Canada under the Statistics Act (Canada);
“domestic service” means housework, property maintenance, supervision or service, including health or personal care, for the comfort, safety or convenience of one or more members of the household;
“immediate family” means having the relationship of spouse, parent, guardian, child, ward, grandparent, grandchild, sister, brother, mother-in-law, father-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, aunt, uncle, niece, or nephew;
“projected annual Consumer Price Index” means the estimate of the annual Consumer Price Index for a given year calculated by adding the Consumer Price Index values for the months of January through November in the year preceding the year for which the estimate is to be determined and dividing the sum by 11.
(2) Words defined in the Labour Standards Code and the regulations made under the Labour Standards Code shall have the same meaning when used in this Order.
4 [repealed]
5 No employer shall employ an employee at a rate of wages less than the minimum wage fixed in this Order or otherwise violate or fail to observe the provisions of this Order.
6 (1) [repealed]
(2) The minimum wage for employees under this Order is fixed at the hourly rate set out in the following table:
Effective Date
Rate
October 1, 2022
$13.60
April 1, 2023
$14.50
October 1, 2023
$15.00
(2A) Effective on and after April 1, 2024, the hourly minimum wage rate for employees is fixed at the wage rate in effect on April 1, 2023, adjusted by the percentage change in the projected annual Consumer Price Index for 2023, plus an additional 1%, and rounded to the nearest $0.05.
(3) Effective on and after every April 1 beginning in 2025, the current hourly minimum wage rate for employees is adjusted by the percentage change in the projected annual Consumer Price Index for the calendar year immediately preceding the year in which the adjustment occurs, plus an additional 1%, and rounded to the nearest $0.05.
(4) If the calculation required by subsection (2A) or (3) results in an hourly rate that is less than the current hourly rate, there is no adjustment and the minimum wage remains fixed at the current hourly rate.
6A (1) The Minister shall give public notice of any adjustments to the minimum wage as calculated under subsection 6(2A) or 6(3) by publishing a notice in the Royal Gazette Part I no later than January 31 of the year in which the adjustment is to take effect.
(2) No later than April 1, every employer of employees affected by this Order shall post and keep posted in a conspicuous place in the employer’s establishment or plant a copy of any public notice given by the Minister under subsection (1) so that all employees affected thereby may have ready access to and see the same.
7 The rates hereby fixed are minimum rates and in no way are to be construed as maximum rates.
Maximum rates for board and lodging
8 (1) If an employer furnishes board or lodging, or both, to an employee, the employer shall not deduct from the minimum wage of the employee an amount exceeding the applicable amount set out in the following table:
Effective Date
Board and Lodging
(per week)
Board Only
(per week)
Lodging Only
(per week)
Single Meals
May 1, 2008
$65.00
$52.65
$14.65
$3.45
October 1, 2011
$68.20
$55.55
$15.45
$3.65
(2) No employer shall charge an employee for a meal that the employee did not receive.
(3) Where an employer charges an employee for a single meal or for board and lodging or either of them under circumstances in which the employee has no reasonable alternative opportunity to purchase the single meal or board and lodging or either of them, the employer shall not charge the employee an amount which, if it were deducted from the employee’s wage, would reduce the wage below the minimum wage by more than the amounts set out in subsection (1).
Maximum work week for minimum wage purposes
9 The rates fixed by this Order are for a maximum work week of 48 hours within a period commencing on a Sunday and ending the following Saturday or such other period of 7 days’ duration which the employer may establish as the customary pay period.
10 (1) Where any employee is required to work more than 48 hours a week, hours so worked shall constitute overtime and the employer shall pay for these hours at a rate of not less than time and one-half the minimum rate.
(2) Despite subsection (1), an employee in the transport industry shall be paid at a rate of not less than time and one-half the minimum rate set in this Order for time worked in excess of 96 hours in any two consecutive weeks.
(3) Despite subsection (1), the employer of an employee who is required to work in excess of 48 hours in a week and who is employed in a building which includes his or her place of residence as a health or personal care worker, watch, janitor or building superintendent, may pay at the minimum rate for the hours worked in excess of 48 hours.
(4) Despite subsection (1), the employer of an employee who is
(a) employed in work on a farm that is directly related to the primary production of eggs, milk, grain, seeds, fruit, vegetables, Christmas trees, Christmas wreaths, maple products, honey, tobacco, pigs, cattle, sheep, poultry, or animal furs; and
(b) required to work in excess of 48 hours in a week,
may pay the employee at the minimum rate set out in Section 6 for hours worked in excess of 48 hours.
11 (1) Where an employer recalls an employee to work outside the employee’s scheduled working hours, the employer shall pay the employee for not less than 3 hours at the minimum straight time rate notwithstanding that the employee works less than 3 hours.
(2) Subsection (1) does not apply to a firefighter, police officer or hospital employee who is required to work in an emergency.
(3) Subsection (1) does not apply to an employee employed in work on a farm whose employment is directly related to the primary production of eggs, milk, grain, seeds, fruit, vegetables, Christmas trees, Christmas wreaths, maple products, honey, tobacco, pigs, cattle, sheep, poultry, or animal furs.
12 All time during which an employee waits for work on the premises of his or her employer at the request of the employer shall be counted as time worked.
13 Where an employer pays an employee on a piecework basis the employer shall pay not less than the hourly rate fixed by this Order for the number of hours worked regardless of the amount earned in accordance with the established piecework rates excepting employees employed on a farm whose work is directly related to the harvesting of fruit, vegetables and tobacco.
14 No employer who requires an employee to wear a uniform, apron or smock shall make any charge or deduction from the minimum wage fixed by this Order for the purchase or laundering of such uniform, apron or smock, except that where such uniform is made of woolen or similar heavy material requiring dry-cleaning, the employer may charge the cost of dry cleaning to the employee.
15 [repealed]
Legislative History
Reference Tables
Minimum Wage Order (General)
N.S. Reg. 5/1999
Labour Standards Code
Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.
Source Law
The current consolidation of the Minimum Wage Order (General) made under the Labour Standards Code includes all of the following regulations:
N.S.
RegulationIn force
date*How in force
Royal Gazette
Part II Issue5/1999
Nov 10, 1999
date specified
Mar 12, 1999
122/1999
Nov 10, 1999
date specified
Nov 19, 1999
78/2002
Oct 1, 2002
date specified
Jun 28, 2002
88/2003
Oct 1, 2003
date specified
May 2, 2003
201/2003
Dec 12, 2003
date specified
Dec 1, 2003
109/2005
May 27, 2005
date specified
Jun 10, 2005
56/2007
May 1, 2007
date specified
Mar 2, 2007
122/2008
May 1, 2008
date specified
Apr 11, 2008
359/20081
Aug 19, 2008
date filed
Aug 29, 2008
257/2011
Sep 5, 2011
date specified (10 days after date of publication in Royal Gazette)
Aug 26, 2011
14/2016
Jan 19, 2016
date specified
Feb 5, 2016
136/2016
Jul 4, 2016
date specified
Jul 22, 2016
2/2019
Jan 28, 2019
date specified
Jan 18, 2019
12/2020
Apr 1, 2020
date specified
Feb 14, 2020
19/2022
Oct 1, 2022
date specified
Feb 25, 2022
27/2023
Mar 6, 2023
date specified
Feb 24, 2023
The following regulations are not yet in force and are not included in the current consolidation:
N.S.
RegulationIn force
date*How in force
Royal Gazette
Part II Issue
*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.
ad. = added
am. = amendedfc. = fee change
ra. = reassignedrep. = repealed
rs. = repealed and substitutedProvision affected
How affected
2(1)...................................................
ra. as 2 201/2003
2(2)...................................................
rep. 201/2003
2 .......................................................
ra. from 2(1) 201/2003; am. 136/2016
2(b)..............................................
am. 201/2003
2(l)...............................................
rs. 201/2003
2(m).............................................
ad. 136/2016
3(1)...................................................
am. 257/2011 (clause lettering removed)
3(1), defn. of “Consumer Price Index”.......................................
ad. 257/2011; am. 14/2016
3(1), defn. of “experienced employee”................................
ad. 257/2011; rep. 12/2020
3(1)(d) defn. of “harvesting of fruit, vegetables and tobacco”..
rep. 201/2003
3(1), defn. of “inexperienced employee”................................
rep. 12/2020
3(1), defn. of “Low Income (Before Tax) Cut-Off”.............
ad. 257/2011; rep. 14/2016
3(1), defn. of “projected annual Consumer Price Index”............
ad. 14/2016
4........................................................
rep. 12/2020
6........................................................
rs. 78/2002, 88/2003, 109/2005, 56/2007, 122/2008, 257/2011, 12/2020
6(1)..............................................
rep. 14/2016;
rep. 19/20226(2)..............................................
rep. 14/2016;
rs. 19/2022; am. 27/20236(2A)...........................................
ad. 27/2023
6(3)..............................................
am. 14/2016; rs. 2/2019; am. 19/2022
6(3A)...........................................
ad. 2/2019
6(4)..............................................
am. 2/2019; rs. 27/2023
6A.....................................................
ad. 257/2011
6A(1)...........................................
am. 14/2016, 2/2019, 12/2020, 19/2022, 27/2023
8(1)...................................................
rs. 78/2002, 88/2003, 122/2008, 257/2011
8(3)...................................................
am. 14/2016
10(2).................................................
am. 201/2003
10(3).................................................
rs. 122/1999; am. 201/2003
10(4).................................................
rs. 201/2003
11(2).................................................
am. 122/1999
11(3).................................................
am. 201/2003
15......................................................
rep. 2/2019
Note that changes to headings are not included in the above table.
Editorial Notes and Corrections:
Note
Effective
date1
N.S. Reg. 122/2008, made by O.I.C. 2008-145, is amended by N.S. Reg. 359/2008 to correct a typographical error in the table in amending item 2 by striking out “$4.45” and substituting “$3.45”.
Repealed and Superseded:
N.S.
RegulationTitle
In force
dateRepealed
date103/1991
General Minimum Wage Order (sets minimum wage effective January 1, 1989)
Oct 1, 1991
Jan 1, 1993
239/1992
Minimum Wage Order—General
Jan 1, 1993
Oct 1, 1996
89/1996
Minimum Wage Order (General)
Oct 1, 1996
Oct 1, 1999
Note: Only regulations that are specifically repealed and replaced and for which consolidated versions exist appear in this table. It may not reflect the entire history of regulations on this subject matter.
Webpage last updated: 07-03-2023