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BILL NO. 169

(as introduced)

1st Session, 65th General Assembly
Nova Scotia
4 Charles III, 2025

 

Private Member's Public Bill

 

Helping Hardworking Nova Scotians Get Ahead Act

 

Paul Wozney
Sackville–Cobequid



First Reading: October 2, 2025

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 sets out the short title of this Act.

Clause 2 adds a definition of "manager".

Clause 3 requires the Labour Standards Code and regulations made under it to be interpreted in a broad and purposive manner.

Clauses 4 and 5

(a) clarify the meaning of "regular hourly wage";

(b) reduce the amount of weekly work required before eligibility for overtime pay to 40 hours from 48 hours;

(c) provide for overtime pay for work in excess of eight hours in day;

(d) provide specific rules for short-haul and long-haul truck drivers; and

(e) require an employer to pay an employee at least three hours' wages when the employee is required to report for work outside the employee's scheduled working hours.

Clause 6 updates a provision to use the defined term "manager".

Clause 7 requires employers to grant each employee a period of rest of at least 32 hours, rather than 24, in every period of seven days.

Clause 8 updates a provision of the regulations to use the defined term "manager".

Clause 9 provides that these amendments have effect on and after January 1, 2026.

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 This Act may be cited as the Helping Hardworking Nova Scotians Get Ahead Act.

2 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 and Chapter 36 of the Acts of 2018, is further amended by adding immediately after clause (ia) the following clause:

    (ib) "manager" means a person whose principal employment responsibilities consist of supervising and directing human or other resources or a person employed in an executive capacity, but does not include a person without independent decision-making authority respecting the operations of the employer and the supervision and direction of employees, regardless of the person's job title or form of address;

3 Chapter 246 is further amended by adding immediately after Section 2 the following Section:

    2A This Act and the regulations must be interpreted in a broad and purposive manner consistent with the principle that employees are entitled to be paid for work performed and should benefit from the benefits and protections conferred by this Act and the regulations.

4 Subsection 40(4) of Chapter 246 is repealed.

5 Chapter 246 is further amended by adding immediately after Section 40 the following Section:

    40A (1) In this Section,

    "long-haul truck driver" means a driver who, in the majority of hours worked, drives outside of a radius of one hundred and sixty kilometres from the driver's home terminal;

    "regular hourly wage" means

    (a) where an employee is paid by the hour, the hourly wage;

    (b) where an employee is paid on a flat rate, piece rate or commission or other incentive basis, the employee's wages in a pay period divided by the employee's total hours of work during that pay period;

    (c) where the employee is paid a weekly wage, the weekly wage divided by the lesser of the employee's normal or average weekly hours or work;

    (d) where the employee is paid a bi-weekly wage, the bi-weekly wage divided by the product of two and the lesser of the employee's normal or average weekly hours or work;

    (e) where an employee is paid a monthly wage, the monthly wage multiplied by twelve and divided by the product of fifty-two and the lesser of the employee's normal or average weekly hours or work; or

    (f) where an employee is paid a yearly wage, the yearly wage divided by the product of fifty-two and the lesser of the employee's normal or average weekly hours of work;

    "short-haul truck driver" means a driver who, in the majority of hours worked, drives within a radius of one hundred and sixty kilometres from the driver's home terminal.

    (2) Where an employee is required to work more than eight hours in a day or forty hours in a week, that employee must be paid one and a half times the employee's regular hourly wage for each additional hour worked in that day in excess of eight hours or that week in excess of forty hours, as the case may be.

    (3) Where an employee is required to work more than twelve hours in a day, that employee shall be paid two times the employee's regular hourly wage for each additional hour worked in that day in excess of twelve hours.

    (4) Notwithstanding subsections (2) and (3), where an employee who is a short-haul truck driver is required to work more than nine hours in a day, that employee must be paid one and a half times the employee's regular hourly wage for each additional hour worked in that day in excess of nine hours.

    (5) Notwithstanding subsections (2) and (3), where an employee who is a long-haul truck driver is required to work more than forty-eight hours in a week, that employee must be paid one and a half times the employee's regular hourly wage for each additional hour worked in that week in excess of forty-eight hours.

    (6) Where an employee is required by the employee's employer to report for work outside the employee's scheduled working hours, that employee must be paid for a minimum of three hours of work.

    (7) In the event of a conflict between this Section and any other provision of this Act or any determination made under Section 50, this Section prevails.

6 Subsection 61(2) of Chapter 246 is amended by striking out "persons holding positions of supervision or management, nor" and substituting "managers or".

7 (1) Clause 66(1)(a) of Chapter 246 is amended by striking out "twenty-four" and substituting "thirty-two".

(2) Subsection 66(2) of Chapter 246, as enacted by Chapter 14 of the Acts of 1991, is amended by striking out "twenty-four" and substituting "thirty-two".

8 Subsection 2(2B) of the General Labour Standards Code Regulations, N.S. Reg. 298/1990, as enacted by N.S. Reg. 200/2003, is amended by striking out "Persons holding supervisory or management positions, or" and substituting "Managers or persons".

9 This Act has effect on and after January 1, 2026.

 


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