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Minimum Wage Order (Logging and Forest Operations)

made under Sections 50 and 52 of the

Labour Standards Code

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

O.I.C. 1999-56 (February 17, 1999, effective October 1, 1999), N.S. Reg. 5/99

as amended up to O.I.C. 2011-312 (August 16, 2011, effective Sept. 5, 2011), N.S. Reg. 259/2011


Citation

1     These regulations may be cited as the Minimum Wage Order (Logging and Forest Operations).


Definitions

2     (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);

Definition added: O.I.C. 2011-312, N.S. Reg. 259/2011.

 

“forest operation” includes

 

                         (i)     construction and maintenance of a road, where necessary to provide access to a logging operation or a camp or a loading or driving facility,

                         (ii)    forest improvement work including thinning, drainage and irrigation of the soil,

                         (iii)   reforestation,

                         (iv)   forest fire protection,

                         (v)    catering, contracting or sub-contracting operations in the forest in connection with a logging operation,

                         (vi)   operation of a portable mill or temporary establishment in the forest where wood is rough sawed as a part of a logging operation.

 

“logging operation” includes all operations in or incidental to

 

                         (i)     the carrying on of logging, including the logging or cutting of cordwood, mining-props, pile poles, pulpwood or tie cutting, and

 

                         (ii)    hauling, driving, fluming, rafting, or booming of logs, mining props, piles, poles, pulpwood or ties;

 

“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);

Definition added: O.I.C. 2011-312, N.S. Reg. 259/2011.

 

“other workers” means employees who are subject to this Order and have no fixed work week or whose hours are unverifiable, including camp, gate and dam guardians, cooks and kitchen employees, stable hands, watch employees, and fire rangers and wardens;

Definition added: O.I.C. 2011-312, N.S. Reg. 259/2011.

 

“time workers” means employees who are subject to this Order and who are not “other workers”.

Definition added: O.I.C. 2011-312, N.S. Reg. 259/2011.

Clause letters removed from definitions: O.I.C. 2011-312, N.S. Reg. 259/2011.

 

       (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.

Subsection 2(2) added: O.I.C. 2011-312, N.S. Reg. 259/2011.


Application

3     This Order applies within the Province of Nova Scotia to all employees and to their employers engaged in logging or forest operations excepting

 

                (a)    employees transporting wood already removed from the forest;

 

                (b)    employees of a farmer carrying on logging or forest operations with not more than 2 employees on a woodlot owned by the farmer;

 

                (c)    employees hired in an emergency to fight forest fires;

 

                (d)    persons employed outside the forest in mills or establishments wherein the wood is worked or processed;

 

                (e)    forest fire fighters employed under the provisions of the Forests Act;

 

                (f)    employees whose remuneration is based on board feet or cords or other method of measurement of wood in conformity with a written agreement between themselves and their employers.


Employer’s responsibility

4     No employer shall 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 provisions of this Order.


Minimum wage

5     (1)    The minimum wages for employees in a logging or forest operation are fixed at the rates set out in the following table:


Effective Date

Class of Employees

Rate

October 1, 2010

Time workers

$9.65 per hour

Others workers

$1888.10 per month

October 1, 2011

Time workers

$10.00 per hour

Others workers

$1957.00 per month


 

       (2)    Effective April 1, 2012, the minimum wages for employees in a logging or forest operation are fixed at the rates calculated as follows:

 

                (a)    for time workers, the hourly wage rate at which a time worker 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;

 

                (b)    for other workers, the monthly wage rate that is proportionate to the hourly wage rate for time workers calculated under clause (a), 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 wages for employees in a logging or forest operation are fixed at the rates calculated as follows:

 

                (a)    for time workers, the current hourly wage rate adjusted 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 rounded to the nearest $0.05;

 

                (b)    for other workers, the current monthly wage rate adjusted so that it is proportionate to the hourly wage rate for time workers calculated under clause (a), and rounded to the nearest $0.05.

 

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

Section 5 replaced: O.I.C. 2011-312, N.S. Reg. 259/2011.


Notice of adjustments

5A  (1)    The Minister shall give public notice of any adjustments to the minimum wage as calculated under subsection 5(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 5A added: O.I.C. 2011-312, N.S. Reg. 259/2011.


Minimum rates for board and lodging

6     (1)    If an employer furnishes board and lodging to an employee, the employer shall not deduct from the minimum wage of the employee an amount exceeding the amount set out in the following table:


Effective Date

Board and Lodging

October 1, 2010

$10.25 per day

October 1, 2011

$10.80 per day

Subsection 6(1) replaced: O.I.C. 2011-312, N.S. Reg. 259/2011.

 

       (2)    No employer shall charge an employee for board and lodging that the employee does not receive.


Method of payment

7     Wages shall be paid promptly at regular intervals in accordance with the practice of the employment and in any case not less frequently than semi-monthly.


Minimum wage not maximum rate

8     The rates hereby fixed are minimum rates and are in no way to be construed as maximum rates.


Effective date

9     This order takes effect on, from and not before October 1, 1999.