BILL NO. 83

(as passed, with amendments)

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

Private Member's Bill

Labour Standards Code
(amended)

CHAPTER 32 OF THE ACTS OF 2006

Keith Colwell
Preston

First Reading: November 6, 2006 (LINK TO BILL AS INTRODUCED)

Second Reading: November 16, 2006

Third Reading: November 23, 2006 (WITH COMMITTEE AMENDMENTS)

Royal Assent: November 23, 2006

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 66A the following Section:

66B (1) An employee is entitled to a rest or eating break of at least one-half hour at intervals such that as a result no employee is required to work longer than five consecutive hours without a rest or eating break.

(2) Notwithstanding subsection (1), where an employee works more than ten consecutive hours, the employee is entitled to at least one rest or eating break of at least one-half hour and other rest or eating breaks totalling at least one-half hour for each five consecutive hours of work.

(3) Subsections (1) and (2) do not apply

(a) where an accident occurs, urgent work is necessary or unforeseeable or unpreventable circumstances occur;

(b) where it is unreasonable for an employee to take a meal break;

(c) to an employee whose terms of employment are determined by a collective agreement; or

(d) in any other case prescribed by the regulations.

(4) Where it is necessary for medical reasons, an employee is entitled to a rest or eating break at a time or times other than when provided by subsection (1) or (2).

(5) Where an employee has worked five hours and has not been provided a rest or eating break, the employee is entitled to eat while working.

(6) The Governor in Council may make regulations prescribing cases where subsections (1) or (2) do not apply.

(7) The exercise by the Governor in Council of the authority contained in subsection (6) is regulations within the meaning of the Regulations Act.

3 Clause 68(2)(d) of Chapter 246 is repealed and the following clauses substituted:

(d) hotels;

(da) restaurants, except where an employee is not operating cooking equipment and where safety training on all equipment and adequate supervision is provided and the person is at least fourteen years of age;