Application for a Variance

Period of Rest Provisions of the Labour Standards Code

Section 66(1)(a) of the Nova Scotia Labour Standards Code requires that employers give employees 24 consecutive hours off in every 7 day period so that employees never work more than 6 consecutive days without a period of rest. The requirement to give employees a period of rest is mandatory, employees cannot choose to work more than 6 consecutive days for the employer without a period of rest.

In limited circumstances, companies can obtain permission from the Director of Labour Standards for a different period of rest arrangement. This is called a variance. The Director may grant a variance if:

the Company has strong business reasons for requesting an alternative period of rest
the alternative period of rest is due to a special project or undertaking that is temporary in nature
the proposed alternative period of rest arrangement provides employees with a number of rest days that are equal to 1 day off for every 6 days worked.

In assessing an application for a variance, the Director will also consider:

health and safety considerations
if the Company is unionized, whether the union supports the request

To apply for a period of rest that is different from the requirement in Section 66(1)(a) of the Labour Standards Code:

Complete the online form below. All fields must be completed. If a field does not apply to your situation, mark “N/A” and, if appropriate, provide an explanation.
Submit online or send a copy of your completed form to:
Mail: Nova Scotia Labour Standards Division

PO Box 697

Halifax, Nova Scotia B3J 2T8

Email: labourstandards@novascotia.ca

Fax: 902-424-0648

Application Date:

Applicant’s Name
Applicant’s Business Email Address
Applicant’s Business Phone Number

Company's Legal Name
Company’s Operating Name (if different than legal name)
Type of Business
Business Address
City
Country
Postal/Zip Code
Business Phone Number (if different than applicant’s business phone number)
Business Email Address (if different than applicant’s business email address)

Describe the nature of the work to be carried out.
Indicate where the work will be carried out.
Identify the job classifications and tasks of the employees doing the work, as well as the number of employees affected in each classification. (Please do not include personal names of individuals.)
Identify any subcontracted companies that may have employees affected by this permit. (Note subcontracted companies will need to make a separate application.)

Identify the proposed work arrangement for employees affected by this application - i.e., outline the number of consecutive days employees will be working followed by the number of consecutive days they will have off during the variance period.
Explain, in detail, why the company requires the proposed alternative period of rest arrangement.
Identify the normal daily shift/working hours for employee(s) affected by this permit. (Please do not include personal names of individuals.)
Confirm whether any employees are unionized. If so, identify the union(s) and provide written evidence, under separate cover, that the union(s) is in agreement with the proposed hours of work
Confirm whether the Company has a workplace Health and Safety Committee. If yes, confirm whether the terms of this variance have been reviewed by the Committee and whether the Committee raised any concerns about the request for a variance
Identify the period for which the variance is required (both start and end date).