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Labour Standards Code (amended)

BILL NO. 128

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
64 Elizabeth II, 2015



Government Bill



Labour Standards Code
(amended)



The Honourable Kelly Regan
Minister of Labour and Advanced Education



First Reading: November 20, 2015

(Explanatory Note)

Second Reading: November 24, 2015

Third Reading: December 4, 2015 (LINK TO BILL AS PASSED)

Explanatory Note

This Bill expands the protections against discharge, layoff, suspension, intimidation, penalty, discipline or discrimination for any employee who, pursuant to an enactment, has

(a) assisted another person to make a complaint;

(b) initiated or helped initiate an inquiry, investigation or proceeding;

(c) participated, or is about to participate or who the employer believes will participate in any proceeding;

(d) made or is about to make an inquiry about that person's or another person's rights;

(e) made or is about to make any statement or provide information to the Director of Labour Standards or an officer;

(f) been asked or required by an employer to comply with the Act and the regulations; and

(g) taken or will take a leave of absence that the person was entitled to or will become entitled to take.

An Act to Amend Chapter 246
of the Revised Statutes, 1989,
the Labour Standards Code

Be it enacted by the Governor and Assembly as follows:

1 Subsection 30(1) of Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, is repealed and the following subsection substituted:

(1) An employer shall not discharge, lay off, suspend, intimidate, penalize, discipline or discriminate in any other manner against any person because

(a) that person has made or has assisted another person in making a complaint pursuant to this Act;

(b) that person has initiated an inquiry, investigation or proceeding or has assisted with the initiation of an inquiry, investigation or proceeding pursuant to this Act;

(c) that person has testified or is about to testify, or the employer believes that person may testify, in any proceeding pursuant to an enactment;

(d) that person has participated or is about to participate, or the employer believes that person may participate, in any proceeding pursuant to an enactment;

(e) that person has made or is about to make an inquiry about that person's rights or the rights of another person pursuant to this Act;

(f) that person has made or is about to make any disclosure that that person is required or permitted to make by this Act;

(g) that person has made or is about to make a statement or provide information to the Director or an officer that that person is required or permitted to make or provide by this Act;

(h) that person has asked or required the employer to comply with this Act and the regulations;

(i) that person has taken or has evidenced an intention to take, or the employer believes that that person may take, a leave of absence to which that person was or will be entitled pursuant to this Act at the time of any such leave of absence; or

(j) that person has refused or attempted to refuse to work on a uniform closing day in a retail business or refuses to sign a contract of employment or agreement that requires that person to work in a retail business on a uniform closing day if the employee is not required to work on a uniform closing day by or pursuant to Section 66A.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2015 Crown in right of Nova Scotia. Created December 9, 2015. Send comments to legc.office@novascotia.ca.