BILL NO. 35

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
52 Elizabeth II, 2003

Private Member's Bill

Emergency Measures Act
(amended)

Howard Epstein
Halifax Chebucto

First Reading: October 29, 2003

(Explanatory Note)

Second Reading:

Third Reading:

This Bill permits an employee to refuse to work when a state of emergency or state of local emergency is declared pursuant to the Emergency Measures Act; however, the employee must return to work when it has been declared tht it is safe to do so. The employee will be entitled to the same wages and other benefits that the employee would have been entitled to if the employee had not refused to work.

Be it enacted by the Governor and Assembly as follows:

1 Chapter 8 of the Acts of 1990, the Emergency Measures Act, is amended by adding immediately after Section 24 the following Section:

24A (1) An employee may refuse to work during a state of emergency or state of local emergency declared pursuant to this Act.

(2) Subsection (1) applies until

(a) where a state of emergency has been declared, the Minister; or

(b) where a state of local emergency has been declared and no state of emergency has been declared, the municipal council,

declares that it is safe to return to work and Section 12 applies mutatis mutandis.

(3) An employee who refuses to work pursuant to subsection (1) shall be paid the same wages and other benefits that the employee would have been entitled to had the employee not refused to work.