BILL NO. 76

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
70 Elizabeth II, 2021

 

Private Member's Bill

 

Labour Standards Code
(amended)

 

Kendra Coombes
Cape Breton Centre–Whitney Pier

First Reading: November 2, 2021

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 provides a definition of "living wage".

Clause 2
(a) provides for an increase of the minimum wage to $15; and

(b) repeals the power to fix a special wage rate for inexperienced employees.

Clause 3 requires the Minimum Wage Review Committee to develop and propose a plan to have all employers pay a living wage to their employees.

Clauses 4 and 5 provide that where an employer discontinues or reduces a benefit, service, privilege or other term and condition of employment, the value of such discontinued or reduced benefit, service, privilege or other term and condition of employment is deemed to be a reduction in wages.

Clauses 6 and 7 require the Province and all employers who contract with the Province to pay employees a living wage.

Clause 8 provides an effective date for the minimum wage increase.

An Act to Amend Chapter 246
of the Revised Statutes, 1989,
the Labour Standards Code,
to Stimulate the Economy
and Reduce Income Inequality

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, Chapter 37 of the Acts of 2010, Chapter 19 of the Acts of 2011, Chapter 11 of the Acts of 2016, Schedule A of Chapter 1 of the Acts of 2018, Chapter 36 of the Acts of 2018 and Chapter 13 of the Acts of 2020, is further amended by adding immediately after clause (ia) the following clause:

(ib) "living wage" means the minimum income, expressed as an hourly wage and predicated on the assumption of full-time employment, necessary for an employee to meet the employee's and the employee's family's basic needs, avoid severe financial stress, support the healthy development of the employee's children and participate in the social, civic and cultural lives of the employee's community;

2 (1) Subsection 50(1) of Chapter 246, as amended by Chapter 14 of the Acts of 1991, is further amended by striking out "The" in the first line and substituting "Subject to subsection (3), the".

(2) Subsection 50(2) of Chapter 246, as amended by Chapter 14 of the Acts of 1991, is further amended by

(a) striking out "The" in the first line and substituting "Subject to subsection (3), the"; and

(b) striking out "or inexperienced employees," in the second line of clause (g).

(3) Section 50 of Chapter 246, as amended by Chapter 14 of the Acts of 1991, is further amended by adding immediately after subsection (2) the following subsection:

(3) Where a minimum wage is fixed upon an hourly basis, that wage must not be fixed at an amount less than fifteen dollars.

3 Section 51 of Chapter 246, as enacted by Chapter 7 of the Acts of 2003 (Second Session), is amended by adding immediately after subsection (4) the following subsection:

(5) The Minimum Wage Review Committee shall develop, propose and submit to the Minister a comprehensive plan to have all employers in the Province pay a living wage to their employees.

4 Chapter 246 is further amended by adding immediately after Section 79A the following Section:

79B Where an employer discontinues or reduces a benefit, service or privilege, or other term and condition of employment benefiting an employee, the value of such discontinued or reduced benefit, service, privilege, or other term and condition of employment is deemed to be a reduction in wages.

5 Clause 81(a) of Chapter 246, as amended by Chapter 14 of the Acts of 1991 and Chapter 38 of the Acts of 2005, is further amended by adding ", 79B" immediately after "79A" in the fourth line.

6 Subject to Section 7, upon the coming into force of this Act,

(a) the Province shall commit itself to being a living wage employer; and

(b) the Governor in Council shall, as soon as is practicable, make regulations prescribing a minimum living wage that must be paid to employees of

(i) the Province, and

(ii) all employers who contract with the Province.

7 The money required for the purpose of this Act must be paid out of money appropriated for that purpose by the Legislature.

8 Section 2 has effect on and after April 1, 2022.

 

---

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2021 Crown in right of Nova Scotia. Created November 2, 2021. Send comments to legc.office@novascotia.ca.