(as introduced)

1st Session, 60th General Assembly
Nova Scotia
55 Elizabeth II, 2006

Private Member's Bill

Canadian Forces Reservists Civilian Employment Act

Darrell Dexter
Cole Harbour

First Reading: November 6, 2006

Second Reading: November 16, 2006


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An Act to Protect
the Civilian Employment of Members
of the Canadian Forces Reserves

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Canadian Forces Reservists Civilian Employment Act.

2 The purpose of this Act is to protect the civilian employment of members of the Canadian Forces Reserves.

3 In this Act,

(a) "employee" means a person who is employed in the Province and who is required to be absent from the employee's civilian employment for purposes of service;

(b) "Reserves" means that component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force;

(c) "service" means a period of active duty or training in the Reserves.

4 Every employee has a right to return to that employee's civilian employment if the employee

(a) provides the employer with reasonable notice of the employee's intention to

(b) returns to work or applies for re-employment at the employee's workplace within a reasonable time upon completion of the employee's service.

5 Every employer in the Province shall allow an employee to return to work after service

(a) in the position held by the employee immediately before service or, where that position is not available, in a comparable position with not less than the same wages and benefits; and

(b) with no loss of the seniority or benefits that accrued to the employee before the commencement of service.

6 (1) Every employee shall be paid only one rate of pay, either civilian pay or Reserve pay, and allowances appropriate to the employee's rank and status.

(2) Notwithstanding subsection (1), an employee may

(a) receive Reserve pay in addition to the employee's civilian pay for any service while the employee is on annual vacation leave; and

(b) receive civilian pay in addition to the employee's Reserve pay.

7 (1) Every employee, including the employee's spouse and dependants, have the right to continue membership in the employee's civilian employer's health plan for a period of up to two years during service.

(2) Notwithstanding subsection (1), an employee may elect, in writing, to terminate the health coverage referred to in subsection (1) for any period of service and may resume the health coverage, without penalty, upon re-employment after service.

(3) Upon resumption of health coverage referred to in subsection (2), there shall be no waiting period or exclusion from coverage based on a pre-existing medical condition.

8 The Minister of Environment and Labour may investigate any violations of this Act and attempt to resolve them.

9 The Public Service Commission shall take all necessary measures to give effect to this Act for employees of the Government.

10 Every person who violates any provision of this Act is guilty of an offence and liable on summary conviction to a fine not exceeding two thousand dollars.

11 (1) The Governor in Council may make regulations

(a) respecting the amount of notice that an employee must provide an employer before taking a leave of absence for service and before returning to work after service;

(b) prescribing the time in which an employee must return to work or apply for re-employment following a period of service;

(c) the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

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