Changes to the Labour Standards Code


 

An Act to Establish a Holiday in February (Nova Scotia Heritage Day)

Effective Date: January 1, 2015, received royal assent on December 12, 2013

Links: Bill No. 15 An Act to Establish a Holiday in February, Nova Scotia Heritage Day FAQ

 

 

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Recruiter Licence and Employer Registration Exemptions

Effective Date: September 10, 2013

Links: Order in Council dated September 10, 2013

 

Summary of Changes:

There are new exemptions that affect the foreign worker recruiter licence and employer registration rules in the Labour Standards Code. These are regulatory changes. See below for details.

 

Recruiters - Foreign Worker Recruiter Licence

Most recruiters involved in the recruitment of foreign workers for employment in Nova Scotia must be licensed with the Nova Scotia Labour Standards Division.  Some recruiters are exempt from this requirement.  Recruiters who do not need to be licensed include:

  • those who recruit foreign workers for jobs with provincial government reporting entities, municipalities and universities

  • those who recruit foreign workers for jobs that fall under National Occupational Classification (NOC) Codes “0” and “A”

Important note:  If you are recruiting foreign workers for one of the organizations or types of jobs listed above and are also recruiting foreign workers for organizations or jobs that do not fall within the exemptions, you must be licensed. 

Employers - Foreign Worker Recruitment Registration Certificate

Most employers who wish to recruit and hire foreign workers for employment in Nova Scotia must obtain a Foreign Worker Registration Certificate from the Nova Scotia Labour Standards Division.  Some employers are exempt from this requirement.  Employers who do not need a Foreign Worker Recruitment Registration Certificate include:

  • provincial government reporting entities, municipalities and universities
  • employers who seek foreign workers for jobs that fall under National Occupational Classification (NOC) Codes “0” and “A”

Important note: If you are an employer using a third party recruiter to find foreign workers and you fall under these registration exemptions, you are also exempt from the requirement to use a licensed recruiter.

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Crime-related Child Death or Disappearance Leave

Effective Date: July 9, 2013

Links: Bill No. 3 Support for Parents of Critically Ill or Abducted Children’s Act

 

Summary of Changes:

Crime-related death or disappearance leave is an unpaid leave for parents and guardians who are facing the death or disappearance of their child, under the age of 18 years old, resulting from a probable criminal act.


If the child has disappeared as a result of a probable crime, the employee can take up to 52 weeks of leave.  If the child has died as a result of a probable crime, the employee can take up to 104 weeks of leave.  To qualify for the leave, the employee must have worked for the same employer for at least three months.  The employee does not qualify if the employee is charged with the crime. 


Under both parts of the leave:

  • the leave cannot be broken up into multiple periods
  • the employee has to give written notice as soon as possible to take the leave and a written plan outlining the period in which they will take the leave
  • the employee can change the leave plan with the employer’s agreement or by providing the employer with 4 weeks’ written notice
  • the employee can return to work earlier than intended by giving at least 14 days’ notice
  • the employer can ask for reasonable evidence of the death or disappearance and evidence showing it was likely due to a crime
  • the employee has the right to maintain their benefit plan during the leave
  • the employee can still qualify for other leaves under the Labour Standards Code
  • the employee can return to their job with the same pay and benefits they had before they took their leave


For more detailed information, please see the Crime-Related Child Death or Disappearance Leave fact sheet or contact the Labour Standards Division.

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Critically Ill Child Care Leave

Effective Date: July 9 , 2013

Links: Bill No. 3 Support for Parents of Critically Ill or Abducted Children’s Act

 

Summary of Changes:

The Critically Ill Child Care leave is an unpaid leave that allows parents and guardians to take time off work to provide care and support for their critically ill, or injured, child under the age of 18 years old.


To qualify for this leave, the employee must have worked for the same employer for at least three months and a qualified medical practitioner must have issued a medical certificate stating that the child has a critical illness/injury and the time period that the child needs care.  The leave allows an employee to take up to 37 weeks off work in total, within a 52 week time frame, and to return to their job at the end of their leave with the same pay and benefits they had before they took the leave.


Under the leave:

  • the 37 weeks of the leave can be broken up into several periods, but each period must be at least a week in duration and must not exceed the 52 week time frame
  • the 52 week time frame begins on the first day of the week in which the child becomes critically ill/injured
  • the employee must advise the employer as soon as possible in writing about their intention of taking the leave and must give the employer a written plan setting out how the leave will be taken, since the leave can be broken up into more than one period
  • the employee can revise their leave plan with the agreement of the employer or by providing the employer with reasonable notice
  • the employer can ask for a copy of the medical certificate
  • the leave ends: when the number of weeks in the period specified in the certificate has been taken if the certificate sets out a period of less than 37 weeks; when 37 weeks of leave has been taken; or, when the employee ceases to provide care for the child
  • under certain circumstances, the employee can extend their leave or take a new leave during the 52 week time frame or the employee can take consecutive leaves
  • the employee can return to work earlier than intended by giving at least 14 days’ notice
  • the employee can revise their leave plan with the agreement of the employer or by providing the employer with reasonable notice
  • the employee has the right to maintain their benefit plan during the leave
  • the employee can still qualify for other leaves under the Labour Standards Code


For more detailed information, please see the Critically Ill Child Care Leave fact sheet or contact the Labour Standards Division

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Citizenship Ceremony Leave

Effective Date: December 15, 2011

Links: Bill No. 115, Citizenship Ceremony Leave

 

Summary of Changes:

There is a new protected leave in the Labour Standards Code which gives employees the right to take time off work to attend their Citizenship Ceremony.


Like all protected leaves, this leave is unpaid, but it protects the employee’s job security. The leave is for up to one day, or less if the employee chooses.


If possible, employees must give their employer 14 days notice that they plan to take the leave. If this is not possible, they must give as much notice as reasonably possible.


If the employer asks, the employee must provide evidence that they are attending their citizenship ceremony on a particular day, for example the “Notice to Appear” sent by Citizenship and Immigration Canada.

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Worker Recruitment and Protection/Foreign Workers

Effective Date: June 30, 2011

Links: Bill No. 53, Foreign Workers

 

Summary of Changes:

Amendments to the Labour Standards Code took effect on June 30, 2011 prohibiting the charging of recruitment fees/recovery of recruitment costs from employees or prospective employees. Labour Standards can recover improper recruitment fees. These provisions replace the Employment Agencies Act, which is repealed.


Employers are now required to keep payroll and other records for three years, rather than the previous one year, and are required to include in these records information about any payments made to recruiters. Labour Standards is able to inspect recruiter records as well as employer records.

In addition to the above provisions, which apply to all employees, two new provisions provide specific protection to temporary foreign workers:

  1. Employers cannot change the terms and conditions of a temporary foreign worker's employment from those that were agreed to when the worker was recruited. This includes terms and conditions contained in the Labour Market Opinion that most employers must obtain from Service Canada before they recruit a temporary foreign worker.
  2. Employers and recruiters cannot take a temporary foreign worker’s property, including their work permit or passport.


In the coming months, Labour Standards will develop a licensing system for recruiters of temporary foreign workers and will set up a registry for employers who want to recruit temporary foreign workers. Updates will be provided as these come into effect.

 

Labour Board

Effective Date: June 30, 2011

Links: Bill No. 100, Labour Board

 

Summary of Changes:

As of June 30, 2011, appeals of Labour Standards decisions are made to the Labour Board, a newly consolidated board that combines the functions of several labour and employment tribunals.


As of June 30, 2011, employers who are appealing a decision of the Labour Standards division that they owe money to an employee must pay to the Labour Board the gross amount that is ordered, up to a maximum of $2,000. This money is held in trust until the Board has issued its decision, and then paid out as the Board orders. Alternatively, the employer may post a bond with the Board for the full gross amount ordered. These requirements also apply to recruiters who are ordered to repay improper recruitment fees charged to workers.


As of June 30, 2011, the Director of Labour Standards no longer routinely participates, through legal counsel, in appeals of Labour Standards orders to an employer to pay. The Director determines on a case by case basis whether the Labour Standards Division should participate in the appeal.

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