General Labour Standards Code Regulations
made under subsection 4(2) and Section 7 of the
Labour Standards Code
R.S.N.S. 1989, c. 246
O.I.C. 90-1321 (effective November 30, 1990), N.S. Reg. 298/1990
as amended to O.I.C. 2020-145 (effective May 5, 2020), N.S. Reg. 73/2020
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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Citation
Interpretation
Application
Service and filing of documents
Complaint to Director
Complaint to Board
Appeal of Director’s order
Exempt classes of retail business
Classes of persons included in the definition of “family member”
Period of employment for pregnancy leave under subsection 59(1) of Code
Period of employment for pregnancy leave under subsection 59A(1) of Code
Period of employment for parental leave under subsection 59B(1) of Code
Information in support of entitlement to leave for victims of domestic violence
Paid domestic violence leave
Termination of employment
Protection of pay
“Family member” defined for purpose of exemption from licensing
Qualifications and application for foreign worker recruitment licence
Fee for licence or renewal of licence
Security to be provided by applicant for licence
Renewing licence
Information protected by solicitor-client privilege
Notice of proposed action by Director
Opportunity to be heard before Director
Records maintained by licensees
Public registry
Applying for registration
Information from registered employers
Citation
1 These regulations may be cited as the General Labour Standards Code Regulations.
Interpretation
1A (1) In these regulations
“Code” means the Labour Standards Code;
“collective agreement” has the same meaning as it has in the Trade Union Act;
“criminal record check” means a record obtained from a law enforcement agency
stating whether or not a person has any conviction or has any outstanding charge
awaiting court disposition under a federal or provincial enactment;
“information technology professional” means an employee who is primarily
engaged in the investigation, analysis, design, development, implementation,
operation or management of information systems based on computer and related
technologies through the objective application of specialized knowledge and
professional judgement, but does not include an employee who is primarily
employed to provide basic operational or technical support for computer and
related technologies;
“mobile home” has the same meaning as it has in the Residential Tenancies Act;
“university” means any of the following:
(i) Acadia University,
(ii) Atlantic School of Theology,
(iii) Cape Breton University,
(iv) Dalhousie University,
(v) Mount Saint Vincent University,
(vi) Nova Scotia College of Art and Design,
(vii) St. Francis Xavier University,
(viii) Saint Mary’s University,
(ix) Université Sainte-Anne,
(x) University of King’s College.
(2) Unless the context otherwise requires, words defined in the Code have the same
meaning when used in these regulations.
(3) Where a period of time is prescribed by these regulations, expressed as a number
of days, the period shall be computed as the number of days exclusive of
(a) any Saturday or Sunday;
(b) New Year’s Day, Good Friday, Canada Day, Christmas Day, the birthday
or the day appointed for the celebration of the birth of the Reigning
Sovereign, Victoria Day, Labour Day, Remembrance Day and any day
appointed by any statute in force in the Province of Nova Scotia or by
proclamation of the Governor General or the Lieutenant Governor as a
general holiday or for general fast or thanksgiving; and
(c) when any of the days specified in paragraph (b) falls on a Sunday, the
following day.
(4) For the purposes of clause 2(h) of the Code, “repaired” includes communications
of advice by telecommunications or internet technologies by a customer contact
centre to assist in the repair of an article or otherwise respond to a customer
complaint or inquiry.
(5) In the Code, “Canada Day” means July 1.
(6) In the Code and these regulations, “law enforcement agency” means a municipal
police department or the Royal Canadian Mounted Police.
Application
2 (1) Persons who are employed in a private home by the householder to provide
domestic service
(a) for a member of the employee’s immediate family; or
(b) for no more than 24 hours within a period beginning on a Sunday and
ending on the following Saturday, or during such other seven day period
which is the customary pay period of the employer
are exempted from the application of the Code.
(1A) Despite subsection (1), if a person who satisfies the requirements of subsection
(1) is a foreign worker, the following provisions continue to apply:
(a) Sections 89E and 89G of the Code; and
(b) Section 89F of the Code, subject to subsection 2(12).
(2) Duly qualified practitioners or students while engaged in training for
(a) architecture;
(b) dentistry;
(c) law;
(d) medicine;
(e) chiropody;
(f) professional engineering;
(g) public or chartered accounting;
(h) psychology;
(i) surveying;
(j) veterinary science
are exempted from the application of subsection 40(4), Sections 61 to 67, and
Section 71 of the Code.
(2A) Duly qualified practitioners or students while engaged in training for
(a) optometry; and
(b) pharmacy
are exempted from the application of Section 71 of the Code.
(2B) Persons holding supervisory or management positions, or who are employed in a
confidential capacity are exempt from the application of subsection 40(4) and
Section 61 of the Code.
(2C) Persons engaged in work as information technology professionals are exempt
from the application of subsection 40(4) of the Code.
(3) Persons 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 are exempted from application of
(a) Sections 37, 38, 39, 40, 41, 42 and 43, and
(b) Sections 61, 62, 63, 64, 65, 66, and 67
of the Code.
(4) Persons engaged in work
(a) as real estate salespersons;
(b) as automobile salespersons;
(c) as 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 or
sales are normally made other than at or in their employer’s establishment;
or
(d) on fishing vessels of all types or in the operation of fishing vessels on
water
are exempted from application of
(i) Sections 32, 33, 34, 35 and 36,
(ii) Sections 37, 38, 39, 40, 41, 42 and 43,
(iii) Sections 50, 51, 53, 54, 55 and 56,
(iv) Sections 61, 62, 63, 64, 65, 66, and 67,
(v) Sections 71, 72, 73, 74, 75, 76, 77, and 78
of the Code.
(4A) Athletes while engaged in activities related to their athletic endeavour are exempt
from the application of all of the following provisions of the Code:
(a) Sections 32, 33, 34, 35 and 36;
(b) Sections 37, 38, 39, 40, 41, 42 and 43;
(c) Sections 50, 51, 53, 54, 55 and 56;
(d) Sections 61, 62, 63, 64, 65, 66, 66A, 66B and 67; and
(e) Sections 71, 72, 73, 74, 75, 76, 77 and 78.
(4B) Subsection 40(4) of the Code does not apply to persons who work as
(a) employees for whom the Governor in Council has made a special order;
(b) apprentices under apprenticeship agreements in accordance with the
Apprenticeship and Trades Qualifications Act;
(c) trainees under government-sponsored and government-approved plans;
(d) employees at a playground or summer camp that is operated on a non-profit basis;
(e) insurance agents licensed as such under the Insurance Act;
(f) employees and employers to whom the Minimum Wage Order (Logging
and Forestry Operations) or the Minimum Wage Order (Construction and
Property Maintenance) applies;
(g) watches, janitors or building superintendents in buildings that include their
place of residence;
(h) health or personal care providers, if the client is providing a residence as
part of the terms of employment;
(i) employees in the transport industry;
(j) employees who are paid on a flat rate basis and work as automobile
mechanics or auto body shop technicians; and
(k) employees of enterprises engaged in primary processing or related
activities in the agriculture, Christmas tree or fishing industry, but not meat
processing.
(5) Persons engaged in work as employees under a collective agreement are
exempted from application of
(a) Sections 37, 38, 39, 40, 41, 42 and 43, and
(b) Sections 66A, 71, 72, 73, 74, 75, 76, 77 and 78
of the Code.
(6) Persons engaged in work as salespersons of mobile homes are exempted from the
application of Sections 32, 33, 34, 35 and 36 of the Code.
(7) [repealed]
(8) Persons engaged in work in the manufacturing or refining processes of the petro-chemical industry or in work directly related to those processes in or at their
employer’s manufacturing or refining establishment are exempted from
application of Sections 37, 38, 39, 40, 41, 42 and 43 of the Code.
(8A) Persons engaged in work in the shipbuilding, ship repair, oil and gas industries, or
related activities other than retail, are exempt from the application of subsection
40(4) of the Code.
(9) Training or employment activity referred to in Section 25 of the Employment
Insurance Act (Canada) or any substantially similar program is designated as a
class of work to which the Act does not apply and persons engaged in this class
of work are exempted from application of the Code.
(9A) Persons engaged in work in the offshore for petroleum exploration, drilling,
production, conservation, processing or transportation, or related activities, while
under the jurisdiction of the Canada-Nova Scotia Offshore Petroleum Board are
exempted from the application of Section 66 of the Code.
(10) Persons engaged in the processing of herring roe during the months of August
and September are exempted from the application of subsection (2) of Section 68
of the Code.
(11) Persons engaged in work as the Deputy Minister - Office of the Premier, the
Deputy Minister of the Policy Board, of the Management Board, of
Intergovernmental Affairs or of a department as referred to in Section 2 of the
Public Service Act, or in any other position designated as a deputy head as
defined in Section 2(e) of the Civil Service Act, are exempted from the
application of subsection 40(4), Section 61 and Section 71 of the Code.
(12) Section 89F of the Code does not apply to an employer if the reduction in wages
or the reduction or elimination of a benefit, term or condition of a foreign
worker’s employment referred to in subsection 89F(1) of the Code results from
any of the following:
(a) a change in federal law or a law of the Province;
(b) a change to the provisions of a collective agreement;
(c) measures implemented by the employer in response to a dramatic and
unforeseeable or unavoidable change in economic conditions that directly
affects the business of the employer, if the measures are not directed
disproportionately at the foreign worker;
(d) a good faith error in interpretation made by the employer respecting its
obligations to the foreign worker that results in the foreign worker
suffering a disadvantage, if the employer provides compensation to the
foreign worker for the disadvantage;
(e) an unintentional accounting or administrative error made by the employer
that results in the foreign worker suffering a disadvantage, if the employer
provides compensation to the foreign worker for the disadvantage.
(13) A recruiter belongs to a class of persons that is exempt from the licensing
requirement under subsection 89H(1) of the Code if the recruitment activities of
the recruiter are limited solely to activities in relation to the employment of a
foreign worker with an employer referred to in clause (14)(a), (b), (c) or (d).
(14) The following employers are deemed to belong to a class of persons that is
exempt from the requirement under subsection 89T(1) of the Code to be
registered with the Director and the requirement under Section 89C of the Code
to engage only licensed recruiters of foreign workers:
(a) a Government Reporting Entity, as defined in the Finance Act;
(b) a municipality as defined in the Municipal Government Act;
(c) a university; and
(d) any employer who recruits or engages the services of another person to
recruit a foreign worker for a position in an occupation that is listed in one
or both of the following classifications under the National Occupational
Classification 2011 matrix developed by Human Resources and Skills
Development Canada and Statistics Canada:
(i) Skill Type 0 Management Occupations,
(ii) Skill Level A.
Service and filing of documents
3 (1) In addition to the methods set out in subsection 8(2) of the Code, a document may
be served or delivered to the party’s last known physical or computer address by
any of the following methods:
(a) delivering or mailing the document by priority post, registered mail or
another similar special delivery mail;
(b) transmitting a copy of the document by facsimile;
(c) transmitting a copy of the document by e-mail or electronic document
exchange.
(2) If the Code, these regulations or the Board’s Rules of Procedure in matters
pursuant to the Code provide for a time limit running from the service of any
document, and the service is by way of priority post, registered mail or another
similar special delivery mail, the time limit is deemed to run from the time of the
first attempt to serve the document, or notice that the document is being held, to
the party’s last known address.
4 (1) Where the Code, these regulations or the Board’s Rules of Procedure require a
document to be filed, filing shall be deemed to be made
(a) at the time the document is received by the Director of Labour Standards
or by the Chair of the Board, or a person designated by either of them, as
the case may be; or
(b) if the document is mailed or transmitted and is properly addressed to the
Director or to the Board, as the case may be, at the time the document is
mailed or transmitted.
(2) Where a document in a form approved by the Director or the Board, as the case
may be, is required by these regulations to be filed with the Director or the Board,
filing is not complete until all information called for on the form is given to the
Director or the Board, but the Director or the Board, or a person designated by
either of them, as the case may be, may waive the requirement of any information
which is, in the opinion of the Director, the Board or the designated person,
unnecessary in the circumstances.
Complaint to Director
5 (1) A complaint to the Director referred to in subsection 21(1) of the Code may be in
a form approved by the Director, as set out in the rules of the Board.
(2) If the Director receives a complaint and is of the opinion that any of the following
apply, the Director must notify the complainant to that effect:
(a) the time limits in Section 21, Section 81 or Section 81A of the Code have
lapsed;
(b) the complainant has taken, or could have taken, other action as specified
by Section 82 of the Code;
(c) there has been no failure to comply with the Code.
(3) A notice under subsection (2) must include information about the complainant’s
right to make a complaint to the Board in accordance with Section 23 of the Code
and the time limits for making the complaint.
Complaint to Board
6 (1) A complaint to the Board in accordance with Section 23 of the Code must be in a
form approved by the Board.
(2) A complainant has 10 days from the date of service of a notice from the Director
under Section 5 to make a complaint to the Board in accordance with Section 23
of the Code.
(3) A complainant who does not receive a notice under Section 5 or an order under
subsection 21(3) of the Code within one month from the date their complaint was
filed has 10 days from the end of that month to make a complaint to the Board in
accordance with Section 23 of the Code.
(4) Despite subsections (2) and (3), but subject to Sections 21, 81 and 81A of the
Code, at any time before or after the time for making a complaint to the Board
has lapsed, the Board may extend the time for making the complaint.
(5) A complaint made in writing to the Director as required by subsection 23(2) of
the Code to support a complaint to the Board must be in a form approved by the
Director, as set out in the rules of the Board.
Appeal of Director’s order
7 (1) A copy of an order made by the Director under subsection 21(3) of the Code must
(a) be served on the party against whom the order is made; and
(b) provide information on appeals and the time limits for appeals to the
Board.
(2) An appeal from an order of the Director made to the Board under subsection
21(5) of the Code must be in a form approved by the Board.
(3) An appeal filed with the Board under subsection 21(5) of the Code by a person,
other than an employee, against whom the Director has made an order under
Section 21 of the Code must include 1 of the following:
(a) the amount required by clause 84(1)(a) of the Code;
(b) the security required by clause 84(1)(b) of the Code.
(4) The payment or security referred to in subsection (3) must be provided to the
Board at the same time as the other documents comprising the appeal are required
to be filed with the Board and an appeal is not considered filed, and will not
proceed, until all required documents and the payment or security are received by
the Board.
Exempt classes of retail business
7A (1) The following classes of retail business are exempt from the application of
Section 66A of the Code:
(a) the operation of a drug store except in a department store;
(b) the sale of agricultural products by the producer at the farm;
(c) the sale of maple sugar products;
(d) the sale of Christmas trees;
(e) the operation of a motor vehicle service station;
(f) the operation of a restaurant;
(g) the provision of accommodation, camping, food, beverage, recreation,
related services and facilities, and tourist information;
(h) the operation of a private club, fraternal organization or veterans
organization, but not including a private club established or operated for
the purpose of selling or offering for sale or purchase any goods or services
by retail;
(i) any public game or contest for gain or for any prize or reward;
(j) any performance or public meeting at which a fee is charged directly or
indirectly either for admission to such performance or meeting or to any
place within which the same is provided or for any service or privilege
thereat, but not including the operation of a public dance hall;
(k) the hiring of motor vehicles or small boats for the personal use of the hirer
or his family for any purpose not prohibited by the Retail Business
Uniform Closing Day Act;
(l) the operation of an excursion on which passengers are conveyed for hire
and having for its principal or only object the carriage of such passengers
for amusement or pleasure;
(m) the conveying of goods or travellers on railways, buses or other public
conveyances;
(n) the operation of a ferry or boat authorized by a competent authority to
carry passengers on uniform closing days;
(o) receiving, transmitting or delivering telegraph or telephone messages;
(p) broadcasting as defined by the Defamation Act;
(q) the publication of a newspaper including all work necessary for, or
incidental to the preparation, printing and distribution thereof;
(r) the provision of goods or services on an emergency basis;
(s) the provision of goods or services by
(i) a store
(A) whose principal business is selling groceries, and
(B) that at no time operates a retail sales area greater than
4000 ft.2,
(ii) a confectionary store,
(iii) a store whose principal business is selling handicrafts, souvenirs and
similar articles, principally to tourists or travellers,
(iv) a canteen,
(v) a fruit or vegetable stand whose principal business is selling local
produce,
(vi) a flea market or rummage sale,
(vii) a fish store,
(viii) a laundromat,
(ix) a billiard hall or pool room,
(x) the rental of video cassettes, video discs or similar media and related
devices,
(xi) a prefabricated or modular home sales office,
(xii) a store whose principal business is the sale of nursery stock or the
provision of gardening supplies,
(xiii) a store whose principal business is the sale of books, newspapers
and magazines,
(xiv) an antique store,
(xv) an art gallery,
(xvi) a used clothing store.
(2) For the purposes of clause (1)(a), a “drug store” does not include either of the
following:
(a) a retail business that includes a retail sales area that is
(i) larger than 2000 ft.2 in total,
(ii) open to the public, and
(iii) dedicated to food items;
(b) a retail business in which the total retail sales area that is open to the public
is larger than 20,000 ft.2.
(3) For the purposes of subclause (1)(s)(i), 2 or more stores that are owned, occupied
or operated by related persons are deemed to be one store if they are
(a) in the same building; or
(b) adjacent or in close proximity to each other.
(4) For the purposes of subsection (3), “related persons” has the same meaning as in
paragraph 251(2)(b) of the Income Tax Act (Canada).
7B [repealed]
Classes of persons included in the definition of “family member”
7C (1) In this Section,
“guardian” means a person having a legally recognized authority to act on behalf
of a ward and includes a mandatary if the ward is incapacitated, a tutor and a
curator;
“ward” means a minor or a disabled adult for whom a guardian is appointed.
(2) For the purpose of Section 60E of the Code, “family member”, in relation to an
employee, means any of the following persons:
(a) the spouse of the employee;
(b) a child of the employee or the employee’s spouse, including a child who
has been placed with either of them for the purpose of adoption;
(c) a parent of the employee or the spouse of the parent;
(d) a child of
(i) the employee’s parent, or
(ii) the spouse of the employee’s parent;
(e) a grandparent of
(i) the employee, or
(ii) the employee’s spouse;
(f) the spouse of the employee’s grandparent;
(g) a grandchild of
(i) the employee, or
(ii) the employee’s spouse;
(h) the spouse of the employee’s grandchild;
(i) the spouse of
(i) the employee’s child, or
(ii) a child of the employee’s spouse;
(j) a parent of the employee’s spouse;
(k) the spouse of a parent of the employee’s spouse;
(l) the spouse of
(i) a child of the employee’s parent, or
(ii) a child of the spouse of the employee’s parent;
(m) a child of
(i) a parent of the employee’s spouse, or
(ii) the spouse of a parent of the employee’s spouse;
(n) an uncle or aunt of
(i) the employee, or
(ii) the employee’s spouse;
(o) the spouse of the employee’s uncle or aunt;
(p) a nephew or niece of
(i) the employee, or
(ii) the employee’s spouse;
(q) the spouse of the employee’s nephew or niece;
(r) a current or former foster parent of
(i) the employee, or
(ii) the employee’s spouse;
(s) a current or former foster child of the employee;
(t) the spouse of a current or former foster child of the employee;
(u) a current or former ward of
(i) the employee, or
(ii) the employee’s spouse;
(v) a current or former guardian of the employee;
(w) the spouse of a current or former guardian of the employee;
(x) a person, whether or not related to the employee by blood, adoption,
marriage or cohabitation in a conjugal relationship, who considers the
employee to be like a close relative or whom the employee considers to be
like a close relative, on the condition that the employee, when requested,
must give the employer a copy of any form that includes a statement that
the employee is considered to be like a family member and that
(i) is required to be submitted to the Government of Canada to claim
benefits under the Employment Insurance Act (Canada), or
(ii) if benefits are not being claimed under the Employment Insurance
Act (Canada), is approved by the Director.
(3) Any of the following persons is a “family member” of a critically ill child for the
purpose of Sections 60L to 60S of the Code or of a critically ill adult for the
purpose of Sections 60SB to 60SG of the Code, as the case may be:
(a) the spouse of the critically ill child or critically ill adult;
(b) a child of the critically ill adult or the critically ill adult’s spouse, including
a child who has been placed with either of them for the purpose of
adoption;
(c) a parent of the critically ill child or critically ill adult or the spouse of the
parent;
(d) a child of
(i) the critically ill child’s or critically ill adult’s parent, or
(ii) the spouse of the critically ill child’s or critically ill adult’s parent;
(e) a grandparent of
(i) the critically ill child or critically ill adult, or
(ii) the critically ill child’s or critically ill adult’s spouse;
(f) the spouse of the critically ill child’s or critically ill adult’s grandparent;
(g) a grandchild of
(i) the critically ill adult, or
(ii) the critically ill adult’s spouse;
(h) the spouse of the critically ill adult’s grandchild;
(i) the spouse of
(i) the critically ill adult’s child, or
(ii) a child of the critically ill adult’s spouse;
(j) a parent of the critically ill child’s or critically ill adult’s spouse;
(k) the spouse of a parent of the critically ill child’s or critically ill adult’s
spouse;
(l) the spouse of
(i) a child of the critically ill child’s or critically ill adult’s parent, or
(ii) a child of the spouse of the critically ill child’s or critically ill
adult’s parent;
(m) a child of
(i) a parent of the critically ill child’s or critically ill adult’s spouse, or
(ii) the spouse of a parent of the critically ill child’s or critically ill
adult’s spouse;
(n) an uncle or aunt of
(i) the critically ill child or critically ill adult, or
(ii) the critically ill child’s or critically ill adult’s spouse;
(o) the spouse of the critically ill child’s or critically ill adult’s uncle or aunt;
(p) a nephew or niece of
(i) the critically ill child or critically ill adult, or
(ii) the critically ill child’s or critically ill adult’s spouse;
(q) the spouse of the critically ill child’s or critically ill adult’s nephew or
niece;
(r) a current or former foster parent of
(i) the critically ill child or critically ill adult, or
(ii) the critically ill child’s or critically ill adult’s spouse;
(s) a current or former foster child of the critically ill adult;
(t) the spouse of a current or former foster child of the critically ill adult;
(u) a current or former ward of
(i) the critically ill adult, or
(ii) the critically ill adult’s spouse;
(v) a current or former guardian of the critically ill child or critically ill adult;
(w) the spouse of a current or former guardian of the critically ill child or
critically ill adult;
(x) a person, whether or not related to the critically ill child or critically ill
adult by blood, adoption, marriage or cohabitation in a conjugal
relationship, who considers the critically ill child or critically ill adult to be
like a close relative or whom the critically ill child or critically ill adult
considers to be like a close relative, on the condition that the person, when
requested, must give the employer a copy of any form that includes a
statement that the critically ill child or critically ill adult is considered to be
like a family member and that
(i) is required to be submitted to the Government of Canada to claim
benefits under the Employment Insurance Act (Canada), or
(ii) if benefits are not being claimed under the Employment Insurance
Act (Canada), is approved by the Director.
Period of employment for pregnancy leave under subsection 59(1) of Code
7D (1) The minimum period for which a pregnant employee must have been employed
by her employer for purposes of establishing entitlement to a pregnancy leave
under subsection 59(1) of the Code is prescribed as any part of 1 day, instead of
the period of 1 year set out in that subsection.
(2) An employee who wishes to begin a pregnancy leave immediately on becoming
employed with the employer need not report to work under the contract of
employment in order to begin the pregnancy leave, and the contract of
employment must not require that the employee do so.
Period of employment for pregnancy leave under subsection 59A(1) of Code
7E (1) The minimum period for which a pregnant employee must have been employed
by her employer for purposes of a requirement to take a pregnancy leave under
subsection 59A(1) of the Code is prescribed as any part of 1 day, instead of the
period of 1 year set out in that subsection.
(2) An employer may require a pregnant employee to begin a pregnancy leave
immediately on becoming employed with the employer, and in that case the
employer must not require the employee to report to work under the contract of
employment in order to begin the pregnancy leave.
Period of employment for parental leave under subsection 59B(1) of Code
7F (1) The minimum period for which an employee must have been employed by their
employer for purposes of establishing entitlement to a parental leave under
subsection 59B(1) of the Code is prescribed as any part of 1 day, instead of the
period of 1 year set out in that subsection.
(2) An employee who wishes to begin a parental leave immediately on becoming
employed with the employer need not report to work under the contract of
employment in order to begin the parental leave, and the contract of employment
must not require that the employee do so.
Information in support of entitlement to leave for victims of domestic violence
7G (1) In subsection 60Z(1) of the Code and this Section,
“qualified person” for the purposes of providing psychological or other
counselling to an employee or the child of an employee who experiences
domestic violence is a person who is qualified to provide psychological or other
counselling and meets 1 or more of the following criteria:
(i) they are a community elder, spiritual counsellor or counsellor who
is providing culturally specific services to the employee or their
child,
(ii) they are designated as 1 or more of the following:
(A) a counselling therapist as defined in the Counselling
Therapists Act,
(B) a registered psychologist as defined in the Psychologists Act,
(C) a social worker as defined in the Social Workers Act,
(D) a member of any other regulated profession in relation to
which counselling is part of the defined scope of practice of
the regulated profession;
“victim services organization” means a court- or community-based organization
that provides support services for victims of domestic violence by individuals
who are responsible to an elected board of directors or a licensing body or
regulated profession.
(2) For the purposes of subsection 60ZB(1) of the Code, an employer may require an
employee who takes a leave of absence for a purpose set out in subsection 60Z(1)
of the Code to do both of the following:
(a) identify the purpose of the leave, in accordance with clause 60ZB(1)(a) of
the Code;
(b) provide the information required by subsection (3), in accordance with
clause 60ZB(1)(b) of the Code.
(3) The following is prescribed as the information in support of an employee’s
entitlement to a leave of absence under subsection 60Z(1) of the Code:
(a) for leave to seek medical attention under clause 60Z(1)(a) of the Code, a
statement from a legally qualified medical practitioner stating all of the
following:
(i) that the employee is obtaining or seeking to obtain medical attention
from the legally qualified medical practitioner for the employee or
the employee’s child in relation to domestic violence experienced
by the employee or the employee’s child,
(ii) the anticipated length of the leave and the anticipated start and end
date of the leave, if known;
(b) for leave to obtain services from a victim services organization under
clause 60Z(1)(b) of the Code, a statement in writing from an official on
behalf of the victim services organization, transition house, Department of
Justice or law enforcement agency that provides victim services that
includes all of the following:
(i) that the employee is obtaining or intends to obtain services from the
victim services organization, transition house, Department of Justice
or law enforcement agency for the employee or the employee’s
child in relation to domestic violence experienced by the employee
or the employee’s child,
(ii) the anticipated length of the leave and the anticipated start and end
date of the leave, if known;
(c) for leave to obtain counselling under clause 60Z(1)(c) of the Code, a
statement in writing from the qualified person who is providing or intends
to provide psychological or other counselling that includes all of the
following:
(i) that the employee is obtaining or intends to obtain counselling from
that person for the employee or the employee’s child in relation to
domestic violence experienced by the employee or the employee’s
child,
(ii) the anticipated length of the leave and the anticipated start and end
date of the leave, if known;
(d) for leave to relocate under clause 60Z(1)(d) of the Code, a statement in
writing from the employee that includes all of the following:
(i) that the employees is taking or intends to take a leave of absence
under subsection 60Z(1) of the Code for the purpose of relocating
temporarily or permanently as a result of domestic violence
experienced by the employee or the employee’s child,
(ii) the anticipated length of the leave and the anticipated start and end
date of the leave, if known;
(e) for leave to seek legal or law enforcement assistance under clause
60Z(1)(e) of the Code, a statement in writing from the lawyer or law firm
from whom the employee is seeking legal assistance, or an official
employed with a law enforcement agency from whom the employee is
seeking law enforcement assistance, that includes all of the following:
(i) that the employee is taking or intends to take a leave of absence for
the purpose of seeking legal or law enforcement assistance for the
employee or the employee’s child, in relation to domestic violence
experienced by the employee or the employee’s child,
(ii) the anticipated length of the leave and the anticipated start and end
date of the leave, if known.
(4) The information prescribed in subsection (3) must be provided to the employer as
soon as is reasonably practicable after the employer’s request for information in
support of an employee’s entitlement to leave.
(5) The information prescribed in subsection (3) must be provided in a form
established by the Director.
Paid domestic violence leave
7H (1) An employer must pay an employee for up to 3 days of a leave of absence taken
under subsection 60Z(1) of the Code in each calendar year.
(2) An employer may count any part of a day of leave taken under subsection 60Z(1)
of the Code as 1 full day of paid leave for the purpose of subsection (1).
(3) An employer must not pay an employee for a paid day of leave at a wage that is
lower than the employee’s regular wage for all hours the employee would have
worked on the day of the leave had the leave of absence not been taken.
(4) Subject to the 3-day limit for paid leave under subsection (1),
(a) an employee who takes a leave of absence under subsection 60Z(1) of the
Code and intends that 1 or more days during the leave of absence are to be
counted as full days of paid leave must notify the employer in writing of
the day or days to be counted as paid leave; and
(b) if the employer does not receive notice from the employee under clause
(a), and the employer and the employee have not agreed otherwise, the
employer must count any part of a day that is taken as a leave of absence
under subsection 60Z(1) of the Code as a full day of paid leave, as each
day occurs.
Termination of employment
8 The length of notice of termination required by subsections (1) or (2) of Section 72 of
the Code does not include any week of vacation unless the employee, after receiving
the notice, agrees to take the vacation during the period of the notice.
Protection of pay
9 (1) An employer shall, at the time of making any payment of wages, as required by
Sections 79 and 80 of the Code, furnish to the employee to whom payment is
being made a statement in writing setting out
(a) the period for which the payment of wages is made;
(b) the number of hours for which payment is made;
(c) the rate of wages;
(d) details of the deductions made from the wages; and
(e) the actual sum being received by the employee.
(2) The Director may, by order, exempt any employer from any or all of the
requirements of subsection (1).
(3) Application for an order of exemption under subsection (2) shall be made in
writing to the Director and shall contain
(a) the name and address of the employer;
(b) the name and address of each employee in relation to whom the
application is made;
(c) a concise statement of
(i) the nature of the employer’s business,
(ii) the work performed by the employee or employees in relation to
whom the application is made,
(iii) the reasons why an order of exemption should be made, and
(iv) the terms of the exemption applied for.
10 An application for an order under subsection (3) of Section 79 of the Code to permit an
employer to pay wages to his employees at times other than those specified in
subsection (1) of Section 79 of the Code shall be made in writing to the Director and
shall contain
(a) the name and address of the employer;
(b) the name and address of each employee in relation to whom the
application is made;
(c) a concise statement of
(i) the nature of the employer’s business,
(ii) the work performed by the employee or employees in relation to
whom the application is made,
(iii) the reasons why payments to the employees applied for should be
made other than in accordance with subsection (1) of Section 79 of
the Code, and
(iv) the terms of the existing practice or collective agreement under
which payments are made.
11 (1) For the purposes of clause 84(1)(a) of the Code, the prescribed amount is $2000.
(2) Where security in the form of a bond is furnished to the Board in accordance with
clause 84(1)(b) of the Code, the amount of the bond shall be
(a) the total pay found by the Director to be unpaid by the employer to the
employees; or
(b) an amount other than unpaid pay that the Director has found to be owing to
an individual.
(3) An amount paid to the Board pursuant to clause 84(1)(a) of the Code shall be paid
out
(a) where there is no appeal to the Court of Appeal under subsection 20(2) of
the Code, in accordance with the decision of the Board after 30 days from
the date of service of the order of the Board; and
(b) where there is an appeal to the Court of Appeal under subsection 20(2) of
the Code, after the appeal has been determined and any proceedings arising
from it have been concluded.
(4) A bond required by the Board pursuant to clause 84(1)(b) of the Code shall state
that it is payable to the Board
(a) where there is no appeal to the Court of Appeal under subsection 20(2) of
the Code, after 30 days from the date of service of the order of the Board;
and
(b) where there is an appeal to the Court of Appeal under subsection 20(2) of
the Code, after the appeal has been determined and any proceedings arising
from it have been concluded.
12 Where the Director, in accordance with Section 85 of the Code, makes an order
requiring a person to pay to the Board part or all of money owing, likely to be owed, or
about to be paid by the person to an employer or any person referred to in Section 81A
of the Code, as the case may be, a copy of the order shall be served on the employer or
the person referred to in Section 81A of the Code as soon as possible in the
circumstances after the order is served.
13 The rules of the Board governing its practice and procedure shall set out the forms
(a) that may, in accordance with the Code and these regulations, be used in
relation to a complaint to the Director; and
(b) that shall, in accordance with the Code and these regulations, be used in
relation to an appeal or a complaint to the Board.
“Family member” defined for purpose of exemption from licensing
14 For the purpose of the exemption from licensing in clause 89H(2)(c) of the Code,
“family member” means, with respect to a person, all of the following:
(a) a spouse of the person;
(b) a child of the person or a child of the person’s spouse;
(c) a parent of the person or a spouse of the parent.
Qualifications and application for foreign worker recruitment licence
15 (1) An applicant for a licence must be a member in good standing of
(a) the Nova Scotia Barristers’ Society, a bar of another province or the
Chambre des notaires du Québec; or
(b) the Immigration Consultants of Canada Regulatory Council, incorporated
under Part II of the Canada Corporations Act (Canada) on February 18,
2011.
(2) An applicant for a licence must provide a photocopy of a membership card or
other proof, acceptable to the Director, that the individual is a member in good
standing of 1 of the organizations specified in subsection (1).
(3) In addition to any information requested by the Director under clause 89I(2)(b) of
the Code, an applicant for a licence must submit all of the following to the
Director, in a form approved by the Director:
(a) the applicant’s name and date of birth;
(b) the business name under which the applicant will recruit foreign workers;
(c) the Canada Revenue Agency business number of the applicant or the
applicant’s employer;
(d) all names and addresses under which the applicant has conducted business
in the previous 5-year period, including any changes of name, whether
formal or informal;
(e) all of the following contact information for both the applicant and the
recruitment business with which the applicant will be associated:
(i) civic and mailing address,
(ii) telephone number,
(iii) e-mail address,
(iv) website addresses, if any;
(f) the address where the business records for the recruitment work are kept,
including the address where records will be located for any future
recruitment work;
(g) a description of the nature and scope of the proposed foreign worker
recruitment business, including all of the following information:
(i) whether the applicant will be carrying out the recruitment work as a
self-employed individual or as an employee,
(ii) the approximate date when the recruitment business will begin if the
licence is granted,
(iii) if the applicant is a resident of the Province, whether the applicant
intends to reside in the Province on a full-time or a part-time basis if
the licence is granted,
(iv) if the applicant does not intend to reside in the Province on a full-time basis, the applicant’s plans for engaging in recruitment, how
those plans are to be carried out and what portion of the applicant’s
business will involve placing workers in the Province,
(v) a list of the countries from which the applicant or the applicant’s
employer plans to recruit, and the names of any companies or
individuals in those countries with which the applicant or the
applicant’s employer intends to deal and from which a benefit is
expected to be received in relation to recruitment,
(vi) the types of employment for which the applicant will recruit foreign
workers;
(h) a list of all bank accounts, both domestic and foreign, maintained by the
applicant or by any other person or entity on the applicant’s behalf in
which the applicant has a current or anticipated future benefit in relation to
recruitment work;
(i) a list of all businesses, both domestic and foreign, associated with the
applicant’s recruitment work before the date of the application;
(j) certified copies of all of the following:
(i) the registration of the name of the business entity that will be
conducting the recruitment,
(ii) the registration of the partnership agreement, if the recruitment will
be conducted by a partnership,
(iii) if the recruitment will be conducted by a corporation,
(A) all of the following documents for the corporation:
(I) the memorandum of association, articles of
incorporation or equivalent document in the jurisdiction
in which the corporation was incorporated,
(II) the articles of association, bylaws or equivalent
document in the jurisdiction in which the corporation
was incorporated,
(B) the certificate of incorporation of the corporation,
(C) any shareholders’ agreement for the corporation;
(k) a description of the legal relationship between the foreign worker
recruitment business and any other businesses, whether incorporated or
unincorporated, that own, are owned or operated by, or are affiliated with
the foreign worker recruitment business;
(l) the individual’s signed consent authorizing the Director to publish all of
the information listed in Section 23 in the public registry;
(m) a criminal record check of the applicant;
(n) a statement as to whether
(i) the applicant has ever been refused admission to or been the subject
of a disciplinary action by a law society, the Immigration
Consultants of Canada Regulatory Council, the Canadian Society of
Immigration Consultants or any other professional association,
(ii) the applicant is aware of any complaint or charge pending against
them in their professional capacity that the professional body they
are a member of may not yet be aware of,
(iii) the applicant has ever reported a claim to their professional liability
insurer,
(iv) the applicant has, at any time, failed to obey an order of a court
requiring the applicant to do or abstain from doing any act, and
(v) the applicant or any employer, partners, directors or officers of a
proprietorship, partnership, corporation or other business entity with
which the applicant is associated has been the subject of bankruptcy
or receivership proceedings under any law in any jurisdiction in the
last 5 years;
(o) a statutory declaration concerning
(i) the applicant’s compliance with the Code and these regulations,
(ii) the applicant’s criminal record and findings of civil liability, and
(iii) any denial or revocation of a licence, permit or registration that
required proof of good character and which was denied or revoked
on that ground;
(p) the application fee required by Section 16 and security in accordance with
Section 17.
(4) If an individual who applies for a licence under this Section is employed by
another person, the consent required by clause (3)(l), the criminal record check
required by clause (3)(m) and the statutory declaration required by clause (3)(o)
are also required from all of the following:
(a) the person who employs the individual, if the employer is a sole
proprietorship;
(b) each officer and director of the corporation that employs the individual, if
the employer is a corporation;
(c) each partner of the partnership that employs the individual, if the employer
is a partnership.
Fee for licence or renewal of licence
16 The fee for a licence or renewal of a licence is $100.
Security to be provided by applicant for licence
17 (1) The security required by clause 89J(b) of the Code for a licence or renewal of a
licence must be in 1 of the following forms:
(a) an irrevocable letter of credit in the amount of $5000 from a chartered
bank, credit union, trust company or other company insured under the
Canada Deposit Insurance Corporation Act (Canada) that carries on
business in the Province;
(b) $5000 payable by cash, certified cheque, money order or bank draft;
(c) a $5000 bond with 1 or more sureties acceptable to the Director.
(2) The Director must hold any cash provided as security under clause (1)(b) in an
interest-bearing account.
Renewing licence
18 (1) In addition to any information requested by the Director under clause 89I(2)(b) of
the Code, a licensee may apply to renew their licence before it expires by
submitting all of the following to the Director:
(a) a document, in a form approved by the Director, confirming that
(i) there are no changes to the information provided in the licence
application under Section 15, or
(ii) there are changes to the information provided in the licence
application under Section 15 and a statement detailing all of the
changes to the information;
(b) a list of all businesses, both domestic and foreign, associated with the
applicant’s recruitment work, if any, since the date of the most recent
application for a licence to recruit;
(c) a statutory declaration, in a form approved by the Director, concerning the
information specified in clause 15(3)(o);
(d) the renewal fee in Section 16.
(2) If an individual who applies for a licence renewal under this Section is employed
by another person, the statutory declaration required by clause (1)(c) is also
required from all of the following:
(a) the person who employs the individual, if the employer is a sole
proprietorship;
(b) each officer and director of the corporation that employs the individual, if
the employer is a corporation;
(c) each partner of the partnership that employs the individual, if the employer
is a partnership.
Information protected by solicitor-client privilege
19 (1) Despite Sections 15 and 18, nothing in these regulations authorizes or compels
the disclosure of information that is protected by solicitor-client privilege.
(2) Any or all of the following persons may make an application to the Supreme
Court of Nova Scotia for a determination of whether a claim of solicitor-client
privilege is valid:
(a) the Director;
(b) an individual claiming solicitor-client privilege.
Notice of proposed action by Director
20 (1) The Director must serve written notice on an applicant for a licence or registration
or a licensee before refusing to issue or renew a licence under Section 89P of the
Code or refusing to register an employer under Section 89W of the Code.
(2) Notice given in accordance with subsection (1) must contain all of the following
information:
(a) the reasons for and details of the Director’s proposed action;
(b) a statement that the applicant or licensee is entitled to an opportunity to be
heard before the Director to show cause why the Director should not take
the proposed action.
(3) Written notice of a proposal by the Director to do any of the following must
contain all of the information set out in subsection (2):
(a) impose terms or conditions on a licence under subsection 89L(1) of the
Code;
(b) cancel a licence under clause 89R(2)(a) of the Code;
(c) cancel a registration under clause 89Y(2)(a) of the Code.
Opportunity to be heard before Director
21 (1) A person’s request for an opportunity to be heard in response to a notice under
the Code or these regulations must meet all of the following requirements:
(a) it must be in writing and in a form approved by the Director;
(b) it must include any written evidence and submissions that support the
person’s position;
(c) it must be made no later than the applicable deadline in clause 89R(2)(a) of
the Code or 21 days after notice under Section 20 is served.
(2) An opportunity to be heard may be conducted in writing.
(3) In addition to any action the Director may take under the Code, if an applicant for
a licence or registration or a licensee does not request an opportunity to be heard
within the time permitted under clause (1)(c), the Director may take the proposed
action.
Records maintained by licensees
22 (1) An individual who has been granted a licence, including in accordance with
clause 15(2)(b) of the Code, an individual whose licence has been suspended or
cancelled, must keep all of the following records and documents:
(a) a copy of each agreement the individual has entered into respecting the
recruitment of a foreign worker;
(b) a record of all fees charged in relation to recruitment activities, the dates on
which those fees were charged and the persons to whom they were
charged;
(c) a list of every foreign worker recruited by the individual for employment
in the Province and the dates on which the foreign workers were recruited.
(2) A record required to be kept under subsection (1) must be made at the time that
the event to which it relates occurred and must be kept for at least 3 years after
the date the record is made.
Public registry
23 The Director must maintain a public registry of licensees, in electronic or other form,
that contains all of the following information about each licensee:
(a) their name and the business name under which they operate;
(b) the name of their employer, if any, and the business name under which the
employer operates;
(c) the expiry date of their licence;
(d) whether their licence is currently suspended;
(e) any terms or conditions imposed on the licence.
Applying for registration
24 In addition to any information required by the Director under clause 89U(2)(b) of the
Code, an applicant for registration must submit all of the following information to the
Director, in a form approved by the Director:
(a) all of the following information about the employer:
(i) name,
(ii) civic and mailing address of the employer’s business,
(iii) business telephone number,
(iv) e-mail address,
(v) a description of its principal business activities;
(b) all of the following information about the employer’s authorized
representative:
(i) name,
(ii) job title,
(iii) civic and mailing address of the authorized representative’s
business,
(iv) business telephone number of the authorized representative,
(v) e-mail address;
(c) all of the following information for any third-party recruitment company or
individuals with whom the employer is contracting to recruit a foreign
worker:
(i) name,
(ii) civic and mailing address,
(iii) business telephone number,
(iv) e-mail address;
(d) the number of foreign workers the employer wishes to recruit and the
location from which the workers will be recruited, if known;
(e) the nature of employment and the anticipated start date and intended
duration of each foreign worker’s employment.
Information from registered employers
25 (1) A registered employer must provide all of the following information to the
Director:
(a) all of the following information for each foreign worker employed:
(i) the name of the foreign worker and the address and telephone
number of the foreign worker in the Province, or, if the foreign
worker does not yet maintain a residence in the Province, the
address of the foreign worker in the jurisdiction in which they
reside,
(ii) the date the foreign worker began employment with the registered
employer,
(iii) the foreign worker’s job title and the location where they perform
the majority of their employment duties;
(b) complete and accurate records respecting all of the following:
(i) in addition to the records referred to in clause 15(1)(e) of the Code,
any expenses incurred directly or indirectly by the employer in
recruiting a foreign worker,
(ii) any expenses incurred directly or indirectly by an employee of the
employer who engages in the recruitment of 1 or more foreign
workers for the employer,
(iii) any contract or agreement under which the employer retains or
directs a licensee to recruit foreign workers,
(iv) any employment or other contract or agreement that the employer
has entered into with a foreign worker.
(2) The information required by subsection (1) must be submitted to the Director no
later than 15 days after the date it is requested in writing by the Director.
The following regulations are not yet in force and are not included
in the current consolidation: