BILL NO. 53

(as introduced)

3rd Session, 61st General Assembly
Nova Scotia
60 Elizabeth II, 2011

Government Bill

Labour Standards Code
(amended)

The Honourable Marilyn More
Minister of Labour and Advanced Education

First Reading: May 4, 2011

(Explanatory Notes)

Second Reading: May 6, 2011

Third Reading: May 12, 2011 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1

(a) updates the definition of “Minister”;

(b) expands the definition of “Director” to include a prescribed government department or agency that assumes a role in relation to the new licensing and registration schemes; and

(c) adds definitions for “foreign worker”, “licensee” and “recruitment”.

Clause 2 harmonizes the term “Minister” in Section 3 with the definition of “Minister”.

Clause 3 adds regulation-making powers for the Governor in Council to address the changes and additions made by this Act which are subject to regulation.

Clause 4 authorizes the Director to provide information collected or obtained under the Act to a department of the Government, the Government of Canada or of another province.

Clause 5 requires

(a) employers to keep and maintain records relating to their employees and persons used by them in relation to recruitment; and

(b) licensees to prepare and retain financial records and other records as specified in the regulations, for three years, from which it may be determined whether the employer or licensee is complying with the Act.

Clause 6 gives access to a recruiter’s records to the Director or an officer.

Clause 7 repeals the provisions relating to the powers and procedures of the Labour Standards Tribunal as a consequence of the Tribunal being replaced by the Labour Board, and avoids duplication of the powers and procedures set out in the Labour Board Act with respect to the Labour Board.

Clause 8 expands the complaint to and inquiry procedure by the Director to include complaints in relation to recruiters, licensees and other persons and authorizes an appeal from an order of the Director in such cases to the Labour Board.

Clause 9 makes a consequential amendment due to the addition of a new Section in Clause 14.

Clause 10 clarifies that the procedure for complaints to the Labour Board must be in accordance with the rules of the Labour Board.

Clause 11 allows the Board to proceed with a hearing even if a person who has been duly notified of the hearing does not attend.

Clauses 12 to 14 are consequential amendments required to change the reference from “Tribunal” to “Board” for the complaints process.

Clause 15 authorizes a complaint to the Director in relation to actions prescribed by Sections 89B, 89E, 89F and 89G.

Clause 16 adds to the grounds on which an employee has the right to apply to the Board for a determination.

Clause 17 requires recruiters to furnish security if the recruiter appeals an order of the Director in relation to a complaint.

Clause 18 allows the Director to garnishee and hold in trust funds from a person the Director has reason to believe is or is about to become indebted to any person referred to in Section 81A.

Clause 19 broadens the type of debts the Board or Director can deal with and to whom it may be paid.

Clause 20 extends an order of the Board that constitutes a lien to cover the property of recruiters.

Clause 21 adds provisions

(a) prohibiting any person from charging a fee to an individual in relation to recruitment of the individual for employment in the Province unless the individual is in an exempt category;

(b) prohibiting an employer from engaging the services of an unlicensed recruiter unless the recruiter is exempt from the obligation to be licenced;

(c) declaring a contractual provision that provides for the payment of a prohibited fee for employment recruitment to be void;

(d) prohibiting an employer from recovering from an employee the cost of recruiting the employee;

(e) prohibiting an employer from reducing the wages of a foreign worker or taking or retaining the worker’s property;

(f) requiring a recruiter to hold a licence or be exempt from the provisions of the Act or regulations;

(g) specifying the requirements for a licence to recruit, including the payment of a prescribed fee and the giving of security;

(h) allowing the Director to investigate an applicant for a licence;

(i) allowing the Director to attach conditions to a licence on prior written notice to the applicant;

(j) specifying the grounds for refusing to issue a licence;

(k) prohibiting employers from recruiting or employing a foreign worker unless registered with the Director or in an exempt category;

(l) specifying the requirements for a registration application and requiring the Director to register the employer unless the application is refused;

(m) specifying the duration of a registration;

(n) specifying conditions for the Director to refuse to register an employer or to suspend or cancel a registration or licence, and providing an opportunity for an applicant to be heard;

(o) requiring the Director to give written reasons where a registration or licence is refused or cancelled; and

(p) granting the right to appeal to the Labour Board if a registration or licence is refused or cancelled, or if conditions are applied to a licence.

Clause 22 adds a provision allowing the Director to bring an action to recover amounts owing in addition to unpaid pay on behalf of the Board or any employee or other individual.

Clauses 23 to 26 expand the application of the offence and penalty Sections of the Act.

An Act to Amend Chapter 246
of the Revised Statutes, 1989,
the Labour Standards Code, Respecting
Worker Recruitment and Protection

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, as amended by Chapter 14 of the Acts of 1991, Chapter 7 of the Acts of 2003 (Second Session), Chapter 10 of the Acts of 2006 and Chapter 37 of the Acts of 2010, is further amended by

(a) adding "and Advanced Education" immediately after "Labour" in the second line of clause (b);

(b) adding "and includes, for the purpose of any activities prescribed by regulation in relation to licencing and registration under this Act and the regulations, any government department or agency of the Province prescribed by regulation and any person acting under the control and direction of the department or agency so prescribed" immediately after "Act" in the last line of clause (b);

(c) adding immediately after clause (f) the following clause:

(d) adding immediately after clause (i) the following clause:

(e) striking out "Workforce Development" in the first line of clause (l) and substituting "Advanced Education";

(f) adding immediately after clause (o) the following clause:

and

(g) adding ", unless the context otherwise requires" immediately after "meanings" in the last line of clause (r).

2 Section 3 of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is amended by striking out "Workforce Development" in the first line and substituting "Advanced Education".

3 Section 7 of Chapter 246, as amended by Chapter 14 of the Acts of 1991, Chapter 4 of the Acts of 2003 (Second Session), Chapters 10 and 13 of the Acts of 2006, Chapter 18 of the Acts of 2009 and Chapter 37 of the Acts of 2010, is further amended by adding immediately after clause (c) the following clauses:

4 Chapter 246 is further amended by adding immediately after Section 14 the following Section:

5 Section 15 of Chapter 246, as amended by Chapter 14 of the Acts of 1991, is further amended by

(a) adding "(1)" after the Section number;

(b) striking out "twelve months" in the second line and substituting "three years";

(c) striking out the period at the end of clause (d) and substituting a semi-colon;

(d) adding the following clause:

(e) in the case of a person who is recruiting an individual for employment with the person, or who has done so,

and

(e) adding the following subsection:

6 Section 16 of Chapter 246 is amended by

(a) adding "or recruiter" immediately after "employer" in the second line of clause (a);

(b) adding "(i)" immediately after "to" in the third line of clause (a);

(c) striking out the semicolon in the third line of clause (a) and substituting ", or";

(d) adding immediately after subclause (a)(i) the following subclause:

(e) adding "or recruiter" immediately after "employer" in the first line of clause (b);

(f) adding ", or any individual was or is being recruited," immediately after "employed" in the third line of clause (d);

(g) adding ", or individual who is or was being recruited," immediately after "employee" in the fourth line of clause (d); and

(h) striking out "his employer" in the fifth line of clause (d) and substituting "the employer or recruiter".

7 Subsections 17(7) to (10) of Chapter 246 are repealed.

8 (1) Subsection 21(3) of Chapter 246, as amended by Chapter 14 of the Acts of 1991, Chapter 7 of the Acts of 2003 (Second Session) and Chapter 37 of the Acts of 2010, is further amended by

(a) striking out "an employer or an employee" in the first and second lines and substituting "any person";

(b) striking out "an employer or employee" in the fourth line and substituting "any person";

(c) striking out "employer or employee" in the sixth and seventh lines and substituting "person, or the person responsible under this Act,"; and

(d) striking out "the employee" in the second and third lines of clause (c) and substituting "an employee who is the object of the contravention".

(2) Section 21 of Chapter 246, as amended by Chapter 14 of the Acts of 1991, Chapter 7 of the Acts of 2003 (Second Session) and Chapter 37 of the Acts of 2010, is further amended by adding immediately after subsection (3) the following subsections:

(3) Subsection 21(3A) of Chapter 246, as enacted by Chapter 14 of the Acts of 1991, is amended by

(a) renumbering as subsection (3D); and

(b) striking out "subsection (3)" in the second line and substituting "this Section".

(4) Subsection 21(4) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by

(a) striking out "subsection (3)" in the second line and substituting "this Section"; and

(b) striking out "employer or employee" in the fourth line and substituting "person".

(5) Subsection 21(5) of Chapter 246 is repealed and the following subsection substituted:

(6) Subsection 21(9) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by

(a) striking out "employer or employee" in the first line and substituting "person";

(b) striking out "subsection (3)" in the second line and substituting "this Section"; and

(c) striking out "he" in the third line and substituting "the person".

(7) Subsection 21(10) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by striking out "the employer" in the second line and substituting "persons against whom an order of the Director has been made".

9 Section 22 of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by adding "or Section 81A" immediately after "Section 81" in the third line.

10 (1) Subsection 23(1) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by

(a) adding ", Section 81A" immediately after "Section 78" in the fourth line; and

(b) striking out "regulations" in the last line and substituting "rules of the Board governing its practice and procedure".

(2) Subsection 23(2) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by

(a) striking out "regulations" in the fourth line and substituting "rules of the Board";

(b) striking out "a notice of hearing" in the fourth line of clause (b) and substituting "notice that a hearing shall be held by the Board"; and

(c) striking out "subsection (1) of" in the fourth and fifth lines of clause (b).

11 Section 24 of Chapter 246, as enacted by Chapter 37 of the Acts of 2010, is amended by

(a) adding "(1)" immediately after the Section number; and

(b) adding the following subsection:

12 Section 28 of Chapter 246, as amended by Chapter 14 of the Acts of 1991, is further amended by striking out "Tribunal" in the second, in the fourth and in the sixth lines and substituting in each case "Board".

13 Subsection 47(3) of Chapter 246 is amended by striking out "Tribunal" in the third line and substituting "Board".

14 Subsection 58(2) of Chapter 246, as enacted by Chapter 14 of the Acts of 1991, is amended by striking out "Tribunal" in the fourth line and substituting "Board".

15 Chapter 246 is amended by adding immediately after Section 81 the following Section:

16 (1) Subsection 83(1) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by adding "or Section 81A" immediately after "Section 81" in the second line.

(2) Subsection 83(2) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by

(a) adding "or other amount owing, nor any other failure to comply with this Act or the regulations" immediately after "unpaid" in the second line; and

(b) adding "or other individual" immediately after "employee" in the fourth line.

17 (1) Subsection 84(1) of Chapter 246, as enacted by Chapter 37 of the Acts of 2010, is amended by

(a) adding "or a person referred to in Section 81A" immediately after "employer" in the first line; and

(b) adding "or the person referred to in Section 81A, as the case may be," immediately after "employer" in the second line.

(2) Subsection 84(2) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by

(a) adding "or any person referred to in Section 81A" immediately after "employer" in the first line;

(b) adding "or other individual" immediately after "employee" in the fourth line;

(c) adding "or any person referred to in Section 81A" immediately after "employer" in the fourth line;

(d) adding "or other individual" immediately after "employee" in the fifth line;

(e) striking out "unpaid pay" in the fifth line and substituting "the amount found owing by the Board"; and

(f) striking out "payment of the unpaid pay" in the second last line and substituting "amount found owing by the Board".

(3) Subsection 84(3) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by

(a) adding "or the amount found owing by the employer or a person referred to in Section 81A" immediately after "pay" in the third line;

(b) adding "or person referred to in Section 81A" immediately after "employer" in the fourth line; and

(c) adding "person referred to in Section 81A, or" immediately after "employer or" in the sixth line.

18 (1) Subsection 85(1) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is repealed and the following subsection substituted:

(2) Subsection 85(2) of Chapter 246 is amended by adding "or any person referred to in Section 81A" immediately after "employer" each time it occurs in the third and in the last lines.

(3) Subsection 85(3A) of Chapter 246, as enacted by Chapter 14 of the Acts of 1991 and amended by Chapter 37 of the Acts of 2010, is further amended by

(a) adding "or any person referred to in Section 81A" immediately after "employer" each time it occurs in the first and second lines of clause (b); and

(b) adding ", any person referred to in Section 81A" immediately after "employer" in the fourth line of clause (d).

(4) Subsection 85(4) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by adding "or any person referred to in Section 81A" immediately after "employer" each time it occurs in the third and in the last lines.

(5) Subsection 85(5) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by

(a) adding "or any person referred to in Section 81A" immediately after "employer" each time it occurs in the third line, in the first line of clause (a), in the first line of subclause (b)(i) and in the last line;

(b) adding "or to any individual for an amount under this Act other than unpaid pay" immediately after "pay" in the second line of clause (a);

(c) adding "or shall pay over any other amount found owing," immediately after "Section 87," in the twelfth line; and

(d) adding "or any person referred to in Section 81A, as the case may be" immediately after "employer" in the last line.

19 (1) Subsection 87(1) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by

(a) adding "or, in relation to an amount owing to an employee or other individual under this Act other than pay," immediately after "employee" in the second line;

(b) adding "or other individual" immediately after "employee" in each case in the first line of clause (a), in the first line of clause (b) and in the first line of clause (c); and

(c) adding "or other amount" immediately after "pay" in the first line of clause (a).

(2) Subsection 87(2) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by adding "or other individual" immediately after "employee" each time it occurs in the second and in the last lines.

20 (1) Subsection 88(1) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by adding "or any person referred to in Section 81A" immediately after "employer" each time it occurs in the fifth and in the seventh lines.

(2) Subsection 88(2) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by

(a) adding "or any person referred to in Section 81A" immediately after "employer" in the fourth line; and

(b) adding "or person referred to in Section 81A" immediately after "employer" in the last line.

21 Chapter 246 is further amended by adding immediately after Section 89A the following headings and Sections:

PROTECTION OF INDIVIDUALS
RECRUITED FOR EMPLOYMENT

89B (1) No person shall, directly or indirectly, charge or collect a fee from an individual for

(a) finding or attempting to find employment for the individual; or

(b) providing the individual with information about any employer who is seeking employees.

(2) No person shall assist another person to do any of the things described in subsection (1).

(3) Where the Director is satisfied that

(a) any person, except a licensee, has contravened subsection (1) or (2), the Director may, by order in writing, recover the fee from that person or from the employer of the individual on behalf of the individual; or

(b) a licensee has contravened subsections (1) or (2), the Director may, by order in writing, recover the amount from the licensee on behalf of the individual.

(4) Notwithstanding subsection (1), the Governor in Council may by regulation prescribe a class or classes of individuals exempt from the operation of this Section.

89C No person shall engage the services of a recruiter of foreign workers unless the recruiter holds a valid and subsisting licence issued pursuant to this Act or is otherwise exempt by the provisions of this Act or the regulations from the obligation to be licenced.

89D A provision in a contract that provides for the payment of a fee contrary to Section 89B is void.

89E No employer shall, directly or indirectly, recover from an employee any cost incurred by the employer in recruiting the employee.

89F (1) No employer shall reduce the wages of a foreign worker employed by the employer, or reduce or eliminate any other benefit, term or condition of the foreign worker's employment that the employer undertook to provide as a result of participating in the recruitment of a foreign worker.

(2) Any agreement by a foreign worker to a reduction or elimination of wages contrary to subsection (1) is void.

89G (1) In this Section, "property that the foreign worker is entitled to possess" includes the foreign worker's passport and work permit.

(2) No employer or recruiter, and no person on the employer's behalf, shall take possession of, or retain, property that the foreign worker is entitled to possess.

(3) No person shall assist another person to do any of the things described in subsection (2).

(4) Where the Director is satisfied that an employer or recruiter, or any person on behalf of an employer or recruiter, has taken possession of, or retained, property that a foreign worker is entitled to possess, the Director may, in writing, order the contravening person to

(a) do any act or thing that in the opinion of the Director constitutes full compliance with this Act; or

(b) rectify an injury caused to the person injured or make compensation therefor.

LICENSING OF RECRUITERS AND REGISTRATION
OF EMPLOYERS OF FOREIGN WORKERS

89H (1) No person shall engage in foreign worker recruitment unless the person is an individual who holds a licence under this Act that authorizes the person to do so.

(2) Notwithstanding subsection (1), the following persons are not required to hold a licence under this Act:

(a) a person who is engaged in recruiting a foreign worker for employment with that person;

(b) an individual who, on behalf of his or her employer, engages in foreign worker recruitment for the employer;

(c) a person who, without receiving a fee directly or indirectly, engages in activities to find employment for a foreign worker who is his or her family member;

(d) a department or agency of the government or a municipality; and

(e) a person or class of persons exempt under the regulations.

89I (1) An individual may apply, in a form approved by the Director, for a licence or renewal of a licence authorizing the individual to engage in foreign worker recruitment.

(2) When applying for a licence or renewal of a licence, the applicant shall provide

(a) the information required by the regulations and the application form; and

(b) any additional information requested by the Director.

89J Before the Director issues or renews a licence, the applicant shall

(a) pay any licence or renewal fee which is specified in the regulations; and

(b) provide the Director with security on terms and conditions, and in the amount, specified in the regulations.

89K (1) The Director may make inquiries into and investigate the character, financial history and competence of

(a) an applicant for a licence or a licence renewal; or

(b) any person, including a corporation, partnership or other entity, associated with the business of the applicant,

as necessary, to determine whether the applicant meets the requirements of this Act and the regulations.

(2) Where a person who is the subject of an inquiry or investigation by the Director in subsection (1) is a corporation, partnership or other entity, the Director may inquire into or investigate the conduct of the officers, directors or partners of the corporation, partnership or other entity.

(3) The Director may

(a) require information or material from any person who is the subject of the inquiry or investigation; and

(b) request information or material from any person who the Director has reason to believe can provide information or material relevant to the inquiry or investigation.

(4) The Director may require that any information provided under subsection (3) be verified by statutory declaration.

89L (1) The Director may, where the Director considers it in the public interest to do so, impose terms or conditions on a licence at the time of issuing or renewing it, or at any other time by written notice to the licensee.

(2) Notwithstanding subsection (1), a licence is also subject to any terms or conditions imposed by regulation.

89M A licence is valid for three years from the day it is issued or renewed.

89N A licence is not transferable or assignable.

89O Where there is a change in the officers, directors or partners of any corporation, partnership or other entity associated with the business of the licensee, the licensee shall notify the Director, and the licensee may not continue to engage in activities under the licence unless the Director consents to the continuation in writing.

89P The Director may refuse to issue a licence or renew a licence to an applicant if

(a) the applicant provides incomplete, false, misleading or inaccurate information in support of the application;

(b) the applicant fails to meet any qualification or satisfy any requirement of this Act or the regulations;

(c) having regard to the past conduct of the applicant, or of any person associated with the business of the applicant, there are reasonable grounds to believe that the applicant will not act in accordance with law, or with integrity, honesty or in the public interest, while carrying out the activities for which the licence is required;

(d) the applicant for a licence, or any person associated with the business of the applicant, is carrying on activities that are in contravention of this Act or the regulations, or will be in contravention if the licence is granted;

(e) the applicant for a licence renewal, or any person associated with the business of the applicant, is carrying on activities that are in contravention of this Act, the regulations or the terms of the licence, or will be in contravention if the licence is renewed.

89Q The Director may not refuse to issue or renew a licence, and may not apply conditions to a licence, without first giving the applicant an opportunity to be heard before the Director in the manner set out in the regulations.

89R (1) Subject to subsection (2), the Director may cancel or suspend the licence of a licensee

(a) for any reason for which the Director may refuse to issue or renew a licence to an applicant under Section 89P; or

(b) if the licensee fails to provide information requested by the Director or required by the regulations.

(2) Where the Director proposes to cancel a licence, the Director

(a) shall serve written notice on the licensee and shall provide the licensee an opportunity to be heard in relation to the proposal; and

(b) may, by order, suspend the licence if the Director considers it in the public interest to do so, and any such order takes effect immediately.

(3) A suspension under subsection (2) continues in effect until

(a) the licensee is provided an opportunity to be heard, in the manner set out in the regulations, and a final determination has been made in respect of the proposed cancellation and there is no further right of appeal;

(b) the Director receives new information that leads the Director to believe that the licence should not be cancelled; or

(c) the licensee does not request an opportunity to be heard within twenty-one days after notice is served on the licensee in accordance with clause (2)(a).

(4) Where a licensee does not request an opportunity to be heard within the time permitted under clause (3)(c), the Director may take the proposed action.

89S In Sections 89T through 89Z, "employer" includes a person who proposes to employ a foreign worker.

89T (1) No employer shall recruit or engage the services of another person to recruit a foreign worker for employment with the employer unless the employer is registered with the Director.

(2) Notwithstanding subsection (1), a person or class of persons exempt under the regulations is not required to register with the Director in order to recruit or engage the services of another person to recruit a foreign worker.

89U (1) An employer may apply to the Director, in a form approved by the Director, to be registered to recruit or to engage the services of another person to recruit a foreign worker for employment with the employer.

(2) When applying to be registered, the employer shall provide

(a) the information required by the regulations and the application form; and

(b) any additional information requested by the Director.

89V (1) Unless an application is refused under Section 89W, the Director shall

(a) register the employer; and

(b) provide the employer written notice of the registration and the date on which the registration expires.

(2) Subject to the regulations, a registration is valid for the period stated in the registration.

89W The Director may refuse to register an employer if

(a) the employer provides incomplete, false, misleading or inaccurate information in support of the application;

(b) the employer is carrying on activities that are in contravention of this Act or the regulations or will be in contravention if the registration is granted;

(c) the employer has previously contravened this Act or the regulations;

(d) the employer has been found to be in breach of the Occupational Health and Safety Act, by final order or decision made pursuant to that Act, or has been convicted of an offence under this Act; or

(e) an individual who will be engaged in foreign worker recruitment on behalf of the employer does not hold a required licence under subsection 89H(1).

89X The Director shall not refuse to register an employer without first giving the employer an opportunity to be heard before the Director, in the manner set out in the regulations, or an opportunity to correct or complete the application.

89Y (1) Subject to subsection (2), the Director may cancel or suspend the registration of an employer

(a) for any reason for which the Director may refuse to register an employer under Section 89W; or

(b) if the employer fails to provide information requested by the Director or required by the regulations.

(2) Where the Director proposes to cancel a registration, the Director

(a) shall serve written notice on the employer and shall provide the employer an opportunity to be heard in relation to the proposal in the manner set out in the regulations; and

(b) may, by order, suspend the registration if the Director considers it in the public interest to do so, and any such order takes effect immediately.

(3) A suspension under subsection (2) continues in effect until

(a) the employer is provided an opportunity to be heard, in the manner set out in the regulations, and a final determination has been made in respect of the proposed cancellation, and there is no further right of appeal;

(b) the Director receives new information that leads the Director to believe that the registration should not be cancelled; or

(c) the employer does not request an opportunity to be heard within twenty-one days after notice is served on the employer in accordance with clause (2)(a).

(4) Where an employer does not request an opportunity to be heard within the time permitted under clause (3)(c), the Director may take the proposed action.

89Z (1) Where the Director

(a) refuses to issue or renew a licence to a recruiter or cancels a recruiter's licence; and

(b) refuses to register an employer or cancels an employer's registration,

the Director shall give a person referred to in clause (a) or (b) written reasons for the refusal or cancellation along with a notice that the refusal or cancellation may be appealed in accordance with this Section.

(2) Where the Director applies conditions to a licence, the Director shall give the recruiter notice that the application of conditions may be appealed in accordance with this Section.

(3) A person in relation to whom the Director has

(a) refused to issue or renew a licence, cancelled a licence or applied conditions to a licence; or

(b) refused or cancelled a registration,

may appeal to the Board within ten days after the notice of the decision or, in respect of a licence, the imposition of terms and conditions on the licence is served upon the person in the manner set out in the regulations.

(4) Notwithstanding subsection (3), the Board may, either before or after the ten days referred to in that subsection, extend the time for filing an appeal.

(5) In hearing and deciding an appeal under this Section, the Board shall conduct the appeal as specified in Sections 24, 25 and 27.

(6) The Board may dismiss the appeal, allow the appeal or make any decision that the Director is authorized to make under this Act.

22 (1) Subsection 90(1) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by

(a) adding "or any other amount found owing pursuant to this Act" immediately after "pay" in the third line;

(b) striking out "or" immediately after "employee" in the last line and substituting a comma; and

(c) adding "or other individual" immediately after "employees" in the last line.

(2) Subsection 90(2) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by

(a) adding "or any person is ordered to pay an amount found owing pursuant to this Act other than unpaid pay" immediately after "pay" the second time it appears in the second line of clause (a);

(b) adding "or any person is ordered to pay an amount found owing pursuant to this Act other than unpaid pay" immediately after "pay" the second time it appears in the last line of clause (b).

(3) Subsection 90(4) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by adding "or person against whom the order has been entered" immediately after "employer" in the fourth line.

(4) Subsection 90(5) of Chapter 246 is repealed and the following subsection substituted:

23 Section 90A of Chapter 246, as enacted by Chapter 14 of the Acts of 1991 and amended by Chapter 37 of the Acts of 2010, is further amended by adding "or any person referred to in Section 81A" immediately after "employer" each time it occurs in the first, in the fifth and in the sixth lines.

24 Section 91 of Chapter 246 is amended by

(a) adding "or any person referred to in Section 81A" immediately after "employer" in the first and second lines; and

(b) adding "or person referred to in Section 81A" immediately after "employer" each time it occurs in the fourth, in the fifth and in the last lines.

25 Subsection 93(1) of Chapter 246, as enacted by Chapter 7 of the Acts of 2003 (Second Session) and amended by Chapter 37 of the Acts of 2010, is further amended by

(a) striking out "being an employer," each time it occurs in the first line of clause (c), in the first line of clause (d), in the first line of clause (e) and in the first line of clause (f);

(b) striking out "employer" in the third line of clause (c) and substituting "person"; and

(c) striking out "when required to do so by the Board" in the second line of clause (f) and substituting "or an amount owing under clause (a) of subsection (1) of Section 84".

26 Subsection 94(1) of Chapter 246, as enacted by Chapter 7 of the Acts of 2003 (Second Session), is amended by

(a) striking out "an employer that is" in the first line of clause (a); and

(b) striking out "an employer" in the first line of clause (b) and substituting "a person, other than an employee,".

27 Chapter 146 of the Revised Statutes, 1989, the Employment Agencies Act, is repealed.

28 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

 

---

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2011 Crown in right of Nova Scotia. Created May 4, 2011. Send comments to legc.office@novascotia.ca.