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Labour Standards Code Act (amended)

BILL NO. 40

(as introduced)

4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012



Private Member's Bill



Labour Standards Code
(amended)



Andrew Younger
Dartmouth East



First Reading: April 23, 2012

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 prohibits an employer from

(a) requiring, as a condition of employment or continued employment, the means to access, or access to, a person's account on a social networking website; or

(b) discriminating against a person for refusing to give the employer the means to access, or access to, the person's account on a social networking website.

Clause 2 permits a person who has reasonable grounds to believe that he or she has been discriminated against for refusing to give the employer the means to access, or access to, the person's account on a social networking website to make a complaint to the Director of Labour Standards.

An Act to Amend Chapter 246
of the Revised Statutes, 1989,
the Labour Standards Code

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 29 the following Section:

29A (1) In this Section, "social networking website" means an Internet-based service that allows persons to construct a public or semi-public profile within a system created by the service, create a list of other users with whom they share a connection within the system and view and navigate the person's list of connections and those made by other persons within the system.

(2) An employer shall not

(a) require, directly or indirectly, as a condition of employment or continued employment, that any person submit any password or other related account information for the purpose of gaining access to the person's account or profile on a social networking website; or

(b) demand, as a condition of employment or continued employment, access in any manner to a person's account or profile on a social networking website.

(3) An employer shall not discharge, lay off, suspend, intimidate, penalize, discipline or discriminate in any other manner against any person because that person has refused to comply with a request prohibited under subsection (2).

(4) For greater certainty, nothing in subsection (2) prohibits an employer from obtaining information about a person that is in the public domain or that is otherwise obtained in compliance with this Act.

2 Subsection 31(1) of Chapter 246, is amended by adding ", Section 29A" immediately after "29" in the third line.


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2012 Crown in right of Nova Scotia. Created April 23, 2012. Send comments to legc.office@gov.ns.ca.