BILL NO. 116

(as introduced)

2nd Session, 58th General Assembly
Nova Scotia
51 Elizabeth II, 2002

Private Member's Bill

Labour Standards Code
(amended)

Frank Corbett
Cape Breton Centre

First Reading: April 18, 2002

(Explanatory Note)

Second Reading:

Third Reading:

This Bill provides wage protection for employees where an employer has ceased operations and wages are owing to employees.

Be it enacted by the Governor and Assembly as follows:

1 Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, is amended by adding immediately after Section 89A the following Section:

89B (1) In this Section, "wages" includes vacation pay, holiday pay, premium pay and pay in lieu of notice and severance provisions.

(2) This Section does not apply to co-operatives, non-profit education and health institutions and non-profit societies.

(3) An employer and its officers and directors are jointly and severally liable for up to six months' wages as determined by the Director pursuant to this Section.

(4) Notwithstanding anything contained in this Act, where the Director receives a complaint that wages have not been paid to employees due to an employer ceasing to carry on business, the Director shall conduct an investigation and determine the amount of wages owing to the employees.

(5) Following an investigation pursuant to subsection (4), the Director may, subject to subsection (3), order the employer or the officers and directors of the employer to pay the wages determined by the Director to be owing pursuant to subsection (4).