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Minimum Wage Order (Construction and Property Maintenance)

made under Sections 50 and 52 of the

Labour Standards Code

R.S.N.S. 1989, c. 246

O.I.C. 2003-507 (Nov. 28, 2003, effective Dec. 12, 2003), N.S. Reg. 202/2003

as amended up to O.I.C. 2011-312 (August 16, 2011, effective Sept. 5, 2011), N.S. Reg. 258/2011


Citation

1     These regulations may be cited as the Minimum Wage Order (Construction and Property Maintenance).


Application

2     (1)    Subject to subsection (2), this Order applies within the Province of Nova Scotia to all employees employed in construction, property maintenance work and related activities and their employers, and includes employees who are engaged in the following work and their employers:

 

                (a)    construction, restoration or maintenance of

 

                         (i)     roads, streets, sidewalks, structures or bridges,

 

                         (ii)    paving of all sorts, or

 

                         (iii)   water and sewer installations;

 

                (b)    earth and rock moving or related works;

 

                (c)    snow removal;

 

                (d)    primary production of raw construction materials, including primary production work in a saw mill;

 

                (e)    work in a machine shop; or

 

                (f)    metal fabrication.

 

       (2)    This Order does not apply to

 

                (a)    employees of a municipality who are engaged in street construction, restoration or maintenance;

 

                (b)    persons receiving training under government-sponsored and government-approved plans;

 

                (c)    apprentices under apprenticeship agreements in accordance with the Apprenticeship and Trades Qualifications Act;

 

                (d)    employees of enterprises engaged in maintaining the sanitation or security of buildings;

 

                (e)    employees engaged in suppling materials for shipbuilding, ship repair, oil and gas industries, or related activities other than retail;

 

                (f)    employees who are duly qualified practitioners, students or professionals exempted under subsection 2(2), (2A) or (2C) of the regulations respecting labour standards; and

Clause 2(2)(f) added: O.I.C. 2005-383, N.S. Reg. 172/2005.

 

                (g)    employees who are supervisors or managers or who hold confidential positions exempted under subsection 2(2B) of the regulations respecting labour standards.

Clause 2(2)(g) added: O.I.C. 2005-383, N.S. Reg. 172/2005.


Definitions

2A  (1)    In this Order,

 

“Consumer Price Index” means the “all-items” Consumer Price Index for Canada published by Statistics Canada under the Statistics Act (Canada);

 

“Low Income (Before Tax) Cut-Off” means the Low Income (Before Tax) Cut-Off for a single person in an urban area of residence having a population of 30 000 to 99 999 that is published by Statistics Canada under the Statistics Act (Canada).

 

       (2)    Words defined in the Labour Standards Code and the regulations made under the Labour Standards Code have the same meaning when used in this Order.

Section 2A added: O.I.C. 2011-312, N.S. Reg. 258/2011.


Employer’s responsibilities

3     No employer is permitted to employ an employee at a rate of wages less than the minimum wage fixed by this Order or otherwise violate or fail to observe any provision of this Order.


Minimum wage

4     (1)    The minimum wage for employees to whom this Order applies is fixed at the hourly rate set out in the following table:


Effective Date

Rate per Hour

October 1, 2010

$9.65

October 1, 2011

$10.00

 

       (2)    Effective April 1, 2012, the minimum wage for employees to whom this Order applies is fixed at the hourly rate at which an employee who is earning minimum wage for 2000 hours per year will earn income at the Low Income (Before Tax) Cut-Off, adjusted by the projected Consumer Price Index for 2011 and rounded to the nearest $0.05.

 

       (3)    Subject to subsection (4), effective on and after April 1, 2013, and on and after every April 1 thereafter, the minimum wage for employees to whom this Order applies is fixed at the hourly rate calculated by adjusting the current hourly wage rate by the percentage change in the projected annual Consumer Price Index for the calendar year immediately preceding the year in which the adjustment occurs, and rounding the resulting rate to the nearest $0.05.

 

       (4)    If the calculation required by subsection (3) results in an hourly rate that is less than the hourly rate fixed for the previous year, there is no adjustment and the minimum wage remains fixed at the hourly wage rate for the previous year.

Section 4 replaced: O.I.C. 2011-312, N.S. Reg. 258/2011.


Notice of adjustments

4A  (1)    The Minister shall give public notice of any adjustments to the minimum wage as calculated under subsection 4(2) or (3) by publishing a notice in the Royal Gazette Part I no later than January 31 of the year in which the adjustment is to take effect.

 

       (2)    No later than April 1, every employer of employees affected by this Order shall post and keep posted in a conspicuous place in the employer’s establishment or plant a copy of any public notice given by the Minister under subsection (1) so that all employees affected thereby may have ready access to and see the same.

Section 4A added: O.I.C. 2011-312, N.S. Reg. 258/2011.


Method of payment

5     Wages must be paid promptly at regular intervals in accordance with the practice of the employment and at least semi-monthly.


Hours of work

6     The rates fixed by this Order are for a maximum work period of 110 hours within 2 consecutive weeks commencing on a Sunday and concluding on the 2nd following Saturday, or such 14-day period that the employer establishes as the customary pay period.


Overtime

7     If an employee is required to work more than the maximum work period specified in Section 6, their employer must pay for the additional hours at a rate of not less than 1.5 times the employee’s regular hourly rate.