The information on this page is about Nova Scotia's Labour Standards Code. For information about federal law under the Canada Labour Code, contact the Federal Labour Program.
There are different rules for federally and provincially regulated workplaces. Which law applies to you depends on whether the provincial or federal government regulates your employer.
Most Nova Scotia employers are regulated by provincial laws such as the Nova Scotia Labour Standards Code and the Nova Scotia Human Rights Act.
If you are not sure which level of government regulates your employer, here is a list of federally regulated industries. If your industry is not on that list, you probably work in a provincially regulated industry. If you aren’t sure, contact the Nova Scotia Labour Standards Division.
Federal and provincial laws provide minimum protections. You may have an agreement with your employer which provides wages and benefits that are more than the minimum. In that case, you are entitled to whatever is in your agreement.
The information below does not replace advice from a lawyer.
Basics
What is the general minimum wage in Nova Scotia?
As of October 1, 2023, employers in Nova Scotia must pay employees at least $15 an hour. The minimum wage applies to a work week of 48 hours or less for most kinds of work.
Some industries have different minimum wage rules or are exempt from having to pay a minimum wage.
For more information, visit the Nova Scotia Labour Standards Division Minimum Wage web page.
Must workers of all genders be paid the same?
Yes. Under the Labour Standards Code, workers of all genders are entitled to the same pay for the same type of work within a given workplace. However, the Labour Standards Code says that employees may receive different wages for similar jobs if:
- a seniority or merit pay system is set up
- wages are paid based on quantity or quality of production, or
- a factor other than sex distinguishes one employee from another doing the same or substantially the same work.
Contact the Nova Scotia Human Rights Commission if you have questions about pay equity.
When must an employee be paid?
Your employer must pay you in cash, by cheque, money order, email transfer or by direct deposit at least twice a month and within five working days after the end of each pay period.
Exceptions are if payments are made according to standard practice in your workplace (since before February 1, 1973), such as weekly or monthly payments, or if there is a collective agreement with a different pay schedule or an order of the Director of Labour Standards.
When you are paid, your employer must give you a written statement (pay stub) detailing
- the pay period
- number of hours the pay is for
- pay rate
- deductions from pay, and
- actual amount paid.
Am I entitled to pay increases at certain intervals?
The Labour Standards Code only has requirements about a minimum wage. It is up to your employer to decide whether there will be pay increases.
How much is overtime pay?
For most jobs overtime pay is 1.5 times the employee's regular wage. An employee must work at least 48 hours in one week before overtime rules apply. For example, an employee who worked 50 hours in one week would be paid her regular wage for 48 of those hours, and overtime for the other two hours.
However, overtime rules are not the same for all workers. Some jobs, such as car and real estate sales and most farm work, are not covered by overtime rules. Other jobs, such as construction or landscaping, have special overtime rules. Contact Nova Scotia Labour Standards for more information about specific overtime rules.
Vacations and Holidays
Am I entitled to a paid vacation?
You are entitled to:
- 2 weeks paid vacation after working 12 months for an employer
- to at least 3 weeks paid vacation if you have worked for the same employer for longer than 8 years.
You get paid for unused days if you do not use all your vacation days.
If you and your employer agree, you may break up your vacation into two or more parts as long as you get the appropriate amount of vacation time and you get at least one week of unbroken vacation.
The minimum amount of vacation pay is 4% of gross wages or 6% of gross wages for employees who have worked for the same employer for longer than 7 years. Gross wages mean wages before deductions for tax, CPP, etc.
The rules under the Labour Standards Code are the same for full-time, part-time, or seasonal employees.
Employees in certain jobs, such as real estate agents, car salespeople, or people who work on fishing boats, are not covered by the Labour Standards Code rules about vacations and vacation pay. Contact Nova Scotia's Labour Standards Division for more information.
What happens to my vacation pay if I leave my job?
You are still entitled to vacation pay. Your employer must pay you your earned vacation pay within 10 business days after your employment ends.
Do I have to take vacation time?
If you work full-time, you must take vacation time.
If you work less than 90% of regular working hours during a continuous 12-month period, then you may choose not to take vacation and just get your vacation pay instead. You must tell your employer in writing that you will not take vacation. Your employer must give you your vacation pay within one month after the 12-month period ends.
What holidays will I get?
Paid holidays
Under Nova Scotia's Labour Standards Code, you are entitled to 6 paid holidays:
- New Year's Day
- Nova Scotia Heritage Day
- Good Friday
- Canada Day
- Labour Day, and
- Christmas Day.
You should receive your regular rate of pay for each of these days, as long as you:
1. were paid or were entitled to receive pay for at least 15 days of the month before the general holiday; and
2. work on your scheduled work day immediately before and after the holiday, unless your employer tells you not to come to work on either of those days. These rules apply to both full-time and part-time employees.
There are special holiday pay rules for continuing operations, such as telephone or other communication services, or services where employees normally work on Sundays or paid holidays.
However, some workers are not entitled to holiday pay unless it is in their employment contract. These include
- most farm workers
- real estate and car salespeople
- domestic workers who work for 24 hours or less per week or work looking after a family member
- commissioned salespeople who make sales at locations other than an employer's place of business, except those on an established route
- anyone who works on a fishing boat
- anyone who works in a private home providing domestic service to an immediate family member.
Some days are commonly considered holidays but are not paid statutory holidays under the Labour Standards Code. These days include: Easter Monday, Victoria Day, Natal Day, Thanksgiving Day, and Boxing Day. Your employer may choose to pay you for these days.
Contact Labour Standards for more information about holidays.
Other days off and holidays:
Remembrance Day
Nova Scotia's Remembrance Day Act requires many businesses to close on Remembrance Day (11 November). Some workplaces are allowed to open on Remembrance Day, including hospitals, child care facilities, service stations and drug stores that are not in a department store. Workplaces that do open are required to stop work for 3 minutes starting at 1 minute to 11 a.m. on November 11.
If you do not work on Remembrance Day, you are not entitled to get paid for the day, although your employer may decide to pay you.
In most cases, if you are required to work on Remembrance Day, you are entitled to a paid holiday either on the working day immediately following your vacation or any other day you and your employer agree upon. There are a few exceptions. Contact Nova Scotia Labour Standards for more information about holiday pay for Remembrance Day.
Designated Retail Closing Days (Retail Business Designated Day Closing Act)
There are 9 designated retail closing days in Nova Scotia:
- New Year's Day
- Nova Scotia Heritage Day
- Good Friday
- Easter Sunday
- Canada Day
- Labour Day
- Thanksgiving Day
- Christmas Day, and
- Boxing Day.
These are days when certain retail businesses must close. Some employees have the right to refuse to work on designated closing days and Sundays. Contact Labour Standards for more information about the right to refuse to work on designated closing days and Sundays.
Problems with Pay
Can my employer make deductions from my pay?
Your employer can deduct from your pay if the deductions are allowed or required by:
- statute
- court order
- written agreement between you and your employer.
Deductions are not allowed if they take your pay below minimum wage.
Your employer can make the following deductions, even if the deductions take your pay below minimum wage:
- statutory deductions such as income tax, Employment Insurance (EI) premiums, and Canada Pension Plan (CPP) contributions
- court-ordered deductions, such as if your employer is required by the Maintenance Enforcement Program to garnish your pay because you are behind in child support payments
- deductions for an employee benefit or pension plan
- deductions for board and/or lodging provided by the employer, subject to maximum amounts set out in the Minimum Wage Order (General)
- deductions to recover pay advances or overpayments
- deductions for employee purchases from the employer's business on account if there is a clear employer/employee agreement to do this
- deductions for dry-cleaning wool or other heavy material uniforms.
There are some deductions your employer cannot make without your agreement. Unless you have agreed, your employer cannot deduct money from your wages for:
- damage you may have caused to the employer's property or goods,
- debts you owe your employer,
- losses incurred by you,
- goods your employer accuses you of stealing (
- theft by customers - if a customer leaves without paying, your employer can only deduct from your pay to recover that loss if the employer can show that it was your fault
You should contact Labour Standards if your employer makes a deduction for losses like these without your agreement, or if you are not sure whether a deduction is lawful.
When you are paid, your employer must give you a written statement (pay stub) that states:
- deductions from your pay,
- the pay period,
- the number of hours the pay is for,
- the pay rate, and
- the actual amount paid.
Contact Nova Scotia Labour Standards for more information about pay deductions.
What if there is a mistake on my paycheque?
If your employer does not pay you correctly, raise this issue with your employer as soon as possible. It is a good idea to do that via email.
Don’t assume that your employer has done something wrong. Ask them to confirm the amount you were supposed to receive, and if you identify a specific error on your paystub, ask them for clarification about that.
If you disagree with your employer, you should immediately contact Labour Standards.
What if my employer changes my pay?
If your employer changes your pay, that is a change to the terms of your employment contract. If you disagree with the change, you should immediately contact Labour Standards.
A Labour Standards Officer can discuss your case and identify your options. In most cases, you will have the following options:
- Try to negotiate with your employer to get back your original pay.
- If your employer is unwilling to give you your original pay, you may accept the reduced pay and continue to work. Once you accept the lower pay and continue to work, you will not be able to file a complaint against your employer to Labour Standards.
- If your employer is unwilling to give you your original pay, you can quit your job immediately and file a complaint against your employer with the Labour Standards as soon as possible. To check your eligibility for Employment Insurance benefits for quitting your job, contact Service Canada
If you choose to quit your job and file a Labour Standards Complaint, a Labour Standards Officer will guide you through the complaint process, the form you will need to fill out, and the documents you need as supporting evidence. They will also be able to answer questions regarding your complaint.
You may also have a claim for constructive dismissal. Go here for more information on constructive dismissal.
Can I file a complaint about a reduction in pay without quitting my job?
No. You must quit your job to file a complaint about reduced pay. If you continue your employment with the reduced pay, that means you accept the change to your employment contract. Once you accept the change, you can not complain about it to Labour Standards.
More information
Where can I get more information?
Nova Scotia Department of Labour Skills and Immigration
Labour Standards Division
Halifax: (902) 424- 4311
Toll-free: 1-888-315-0110
Website: novascotia.ca/lae/employmentrights/
Employment and Social Development Canada Labour Program (federally regulated workplaces)
Halifax 902-426-4995
Sydney 902-564-7130
Toll-free: 1-800-641-4049
Website: labour.gc.ca
Last reviewed: December 2023