New Regulations to Clarify Overtime Provision

Amendments to Nova Scotia's Labour Standards Code that will reduce the impact of new overtime provisions were announced today, Nov. 28. The new regulations will increase flexibility for some industry sectors and restore previous exemptions. The amendments will come into effect for all workers on Dec. 12.

"We're still committed to ensuring workers are paid a fair wage for overtime. But obviously the speed at which we implemented this change had some unintended impacts. These regulations correct that situation," said Environment and Labour Minister Kerry Morash.

The regulations address the concerns raised by the road building and construction industry by extending their work week from 48 to 55 hours. Workers in these industries will now be eligible for one-and-a-half times their regular rate of pay for overtime worked after 55 hours. They will also be able to average their hours over two weeks, allowing them more flexibility in dealing with difficult weather conditions.

The averaging provision is one that the province will be looking at more closely over the next few months, specifically as it relates to those sectors that have the ability to work up to 55 hours a week. The review will focus on how this requirement works in other provinces and best practices across Canada. The minister will receive a report on the review of the averaging provision by June 30, 2004. It will be conducted by Environment and Labour staff.

"We've taken a modest first step in addressing this issue for a small part of our workforce," said Mr. Morash. "But before going any further we want to assess the full impact of averaging for all of our seasonal workers. And we want the chance to consult with key stakeholders too."

The regulations also reinstate some pre-existing exemptions. Professionals such as doctors and lawyers, and all managers and supervisors are not eligible for overtime, just as before. The Minimum Wage Order for the logging and forestry industry has also been restored.

"The changes to the Labour Standards Code were important because they brought many of Nova Scotia's provisions more in line with those of other provinces," said the minister. "These regulations are important because they correct the impact this has had on some sectors, while still maintaining protection for those workers that need it most."