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Minimum Wage Order (Logging and Forest Operations)

made under Sections 50 and 52 of the

Labour Standards Code

R.S.N.S. 1989, c. 246

O.I.C. 1999-56 (February 17, 1999, effective October 1, 1999), N.S. Reg. 5/99

as amended to O.I.C. 2019-1 (effective January 28, 2019), N.S. Reg. 4/2019


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

Definitions

Application

Employer’s responsibility

Minimum wage

Notice of adjustments

Minimum rates for board and lodging

Method of payment

Minimum wage not maximum rate


 

Citation

1        These regulations may be cited as the Minimum Wage Order (Logging and Forest Operations).


Definitions

2        (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);

 

“forest operation” includes

 

                              (i)      construction and maintenance of a road, where necessary to provide

access to a logging operation or a camp or a loading or driving facility,

 

                              (ii)     forest improvement work including thinning, drainage and irrigation of

the soil,

 

                              (iii)    reforestation,

 

                              (iv)    forest fire protection,

 

                              (v)     catering, contracting or sub-contracting operations in the forest in

connection with a logging operation,

 

                              (vi)    operation of a portable mill or temporary establishment in the forest where wood is rough sawed as a part of a logging operation.

 

“logging operation” includes all operations in or incidental to

 

                              (i)      the carrying on of logging, including the logging or cutting of cordwood, mining-props, pile poles, pulpwood or tie cutting, and

 

                              (ii)     hauling, driving, fluming, rafting, or booming of logs, mining props, piles, poles, pulpwood or ties;

 

“other workers” means employees who are subject to this Order and have no fixed work week or whose hours are unverifiable, including camp, gate and dam guardians, cooks and kitchen employees, stable hands, watch employees, and fire rangers and wardens;

 

“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;

 

“time workers” means employees who are subject to this Order and who are not “other workers”.

 

          (2)    Words defined in the Labour Standards Code and the regulations made under the Labour Standards Code have the same meaning when used in this Order.


Application

3        This Order applies within the Province of Nova Scotia to all employees and to their employers engaged in logging or forest operations excepting

 

                   (a)      employees transporting wood already removed from the forest;

 

                   (b)     employees of a farmer carrying on logging or forest operations with not more than 2 employees on a woodlot owned by the farmer;

 

                   (c)      employees hired in an emergency to fight forest fires;

 

                   (d)     persons employed outside the forest in mills or establishments wherein the wood is worked or processed;

 

                   (e)      forest fire fighters employed under the provisions of the Forests Act;

 

                   (f)      employees whose remuneration is based on board feet or cords or other method of measurement of wood in conformity with a written agreement between themselves and their employers.


Employer’s responsibility

4        No employer shall employ an employee at a rate of wages less than the minimum wage fixed by this Order or otherwise violate or fail to observe any provisions of this Order.


Minimum wage

5        (1)    [repealed]

 

          (2)    [repealed]

 

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

 

                   (a)      for time workers, 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 other workers, the current monthly wage rate adjusted so that it is proportionate to the hourly wage rate for time workers calculated under clause (a), and rounded to the nearest $0.05.

 

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

 

                   (a)      for time workers, the current hourly 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 other workers, the current monthly wage rate adjusted so that it is proportionate to the hourly wage rate for time workers calculated under clause (a), and rounded to the nearest $0.05.

 

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


Notice of adjustments

5A     (1)    The Minister shall give public notice of any adjustments to the minimum wage as calculated under subsection 5(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.


Minimum rates for board and lodging

6        (1)    If an employer furnishes board and lodging to an employee, the employer shall not deduct from the minimum wage of the employee an amount exceeding the amount set out in the following table:


Effective Date

Board and Lodging

October 1, 2010

$10.25 per day

October 1, 2011

$10.80 per day

 

          (2)    No employer shall charge an employee for board and lodging that the employee does not receive.


Method of payment

7        Wages shall be paid promptly at regular intervals in accordance with the practice of the employment and in any case not less frequently than semi-monthly.


Minimum wage not maximum rate

8        The rates hereby fixed are minimum rates and are in no way to be construed as maximum rates.

 

9        [repealed]


 

 


Legislative History
Reference Tables

Minimum Wage Order (Logging and Forest Operations)

N.S. Reg. 5/99

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 (Logging and Forest Operations) 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

Oct 1, 1999

date specified

Mar 12, 1999

78/2002

Oct 1, 2002

date specified

Jun 28, 2002

90/2003

Oct 1, 2003

date specified

May 2, 2003

111/2005

May 27, 2005

date specified

Jun 10, 2005

58/2007

May 1, 2007

date specified

Mar 2, 2007

124/2008

May 1, 2008

date specified

Apr 11, 2008

259/2011

Sep 5, 2011

date specified (10 days after publication in the Royal Gazette)

Aug 26, 2011

16/2016

Jan 19, 2016

date specified

Feb 5, 2016

4/2019

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

ra. as 2(1) 259/2011

2(1)...................................................

ra. from 2 259/2011; am. 259/2011 (clause lettering removed)

2(1), defn. of “Consumer Price Index”..................................................

ad. 259/2011; am. 16/2016

2(1), defn. of “Low Income (Before Tax) Cut-Off”...........................

ad. 259/2011; rep. 16/2016

2(1), defn. of “other workers”.....

ad. 259/2011

2(1), defn. of “projected annual Consumer Price Index”............

ad. 16/2016

2(1), defn. of “time workers”......

ad. 259/2011

2(2)...................................................

ad. 259/2011

5........................................................

rs. 78/2002, 259/2011

5(1)..............................................

rs. 90/2003, 111/2005, 58/2007, 124/2008; rep. 16/2016

5(2)..............................................

rep. 16/2016

5(3)..............................................

am. 16/2016; rs. 4/2019

5(3A) ..........................................

ad. 4/2019

5(4) .............................................

am. 4/2019

5A.....................................................

ad. 259/2011

5A(1)...........................................

am. 16/2016, 4/2019

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

rs. 78/2002, 90/2003, 124/2008, 259/2011

9........................................................

rep. 4/2019

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

 

Note

Effective
date

 

 

 

 

 

 

 

 

 

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

103/1991

Minimum Wage Order (Logging and Forestry Operations) (sets minimum wage effective January 1, 1989)

Oct 1, 1991

Jan 1, 1993

239/1992

Minimum Wage Order (Logging and Forestry Operations)

Jan 1, 1993

Oct 1, 1996

89/1996

Minimum Wage Order (Logging and Forestry Operations)

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.