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.
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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. 5/99

as amended to O.I.C. 2019-1 (effective January 28, 2019), N.S. Reg. 2/2019


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.

 

 

Citation

Application

Definitions

Partial hour

Employer’s responsibility

Minimum wage for employees

Notice of adjustments

Maximum rates for board and lodging

Maximum work week for minimum wage purposes

Minimum overtime wage

Call in

Waiting time

Piecework

Uniforms


 

Citation

1        These regulations may be cited as the Minimum Wage Order (General).


Application

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.


Definitions

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;

 

“experienced employee” means an employee who is not an inexperienced employee;

 

“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;

 

“inexperienced employee” means an employee who has not been employed by his or her present or other employer for a total period of three calendar months to do the work for which the employee is employed, but it does not include a person in the employ of an employer for whom he or she has completed three calendar months of employment.

 

“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.


Partial hour

4        For the purpose of this Order, a period of 15 minutes and not more than 30 minutes shall be counted as a ½ hour and a period of more than 30 minutes but less than 60 minutes shall be counted as 1 hour.


Employer’s responsibility

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.


Minimum wage for employees

6        (1)    [repealed]

 

          (2)    [repealed]

 

          (3)    Effective on and after every April 1 beginning in 2019 and ending in 2021, the minimum wages for employees are fixed at the hourly rates calculated as follows:

 

                   (a)      for an experienced employee, the current hourly wage rate adjusted by

 

                              (i)      increasing the hourly wage rate by $0.30,

 

                              (ii)     applying to the increased hourly wage rate the percentage change in the projected annual Consumer Price Index for the calendar year immediately preceding the year in which the adjustment occurs, and

 

                              (iii)    rounding the result in subclause (ii) to the nearest $0.05;

 

                   (b)     for an inexperienced employee, $0.50 less than the hourly wage rate for an experienced employee calculated under clause (a).

 

          (3A) Effective on and after every April 1 beginning in 2022, the minimum wages for employees are fixed at the hourly rates calculated as follows:

 

                   (a)      for an experienced employee, the current hourly wage rate 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, and rounded to the nearest $0.05;

 

                   (b)     for an inexperienced employee, $0.50 less than the hourly wage rate for an experienced employee calculated under clause (a).

 

          (4)    If the calculation required by subsection (3A) results in an hourly rate that is less than the hourly rate fixed for the previous year, there is no adjustment and the minimum wage remains fixed at the hourly wage rate for the previous year.


Notice of adjustments

6A     (1)    The Minister shall give public notice of any adjustments to the minimum wage as calculated under subsection 6(3) or (3A) 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.


Minimum overtime wage

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.


Call in

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.


Waiting time

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.


Piecework

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.


Uniforms

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.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

5/1999

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

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In 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.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision 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), clause lettering removed..........

am. 257/2011

3(1), defn. of “Consumer Price Index”..................................................

ad. 257/2011; am. 14/2016

3(1), defn. of “experienced employee”..................................................

ad. 257/2011

3(1)(d) defn. of “harvesting of fruit, vegetables and tobacco”...........

rep. 201/2003

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

6........................................................

rs. 78/2002, 88/2003, 109/2005, 56/2007, 122/2008, 257/2011

6(1) to 6(2)..................................

rep. 14/2016

6(3)..............................................

am. 14/2016; rs. 2/2019

6(3A)...........................................

ad. 2/2019

6(4)..............................................

am. 2/2019

6A.....................................................

ad. 257/2011

6A(1)...........................................

am. 14/2016, 2/2019

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
date

1

Corrects typographical error in 122/2008, S. 8(1), table, from $4.45 to $3.45.

Aug 19, 2008

 

 

 

 

 

 

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

103/1991

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.