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Covid-19
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Legal Info Nova Scotia is working to answer questions that people are asking about the law relating to the COVID-19 situation. We are also sharing updates about changes to government programs and court services as we get them. We are working to keep this page current and add content. Please get in touch with us if you know about law updates that are not listed here yet.
Government
Nova Scotia government
You can find all the COVID-19 measures taken by the Nova Scotia government on the government’s website at novascotia.ca/coronavirus. The site has information about the state of emergency, closure of schools and public places, support for individuals, families and businesses, and other topics.
Canadian government
The Canadian government publishes regular updates on its website at canada.ca/coronavirus. You will find information about financial aid, the borders, and advice for travellers.
Go here for specific information from the Government of Canada about financial aid for individuals, families and businesses.
Nova Scotia municipalities
Many Nova Scotia municipalities have adapted service delivery (e.g. transit) in light of COVID-19 and they have made their own orders (e.g. ordering municipal parks closed, restricting trail use) and may be offering alternative payment options, including deadline extension, for tax bills.
Check with your local municipality for COVID-19 updates:
Last updated March 24 2020
Work
Can I apply for Employment Insurance (EI) if I'm in quarantine?
Employment Insurance sick benefits have always been available to people in quarantine as well as those who are actually sick. The government has now announced two main changes for workers who are quarantined or sick due to COVID-19:
- They will not have to get a doctor’s note in order to apply for sick benefits.
- They can have the normal 1-week EI waiting period waived so benefits can be paid for the period starting right away after they stop working. There is a special toll-free number to call to ask for this after you have applied:
- Telephone: 1-833-381-2725 (toll-free)
- Teletypewriter (TTY): 1-800-529-3742
The government has also said they will give priority to processing claims from workers who are quarantined, and will allow claims to be backdated if someone couldn’t apply right away because of being quarantined.
I don't have paid sick days from my employer. What should I do?
The Nova Scotia Labour Standards Code says you can get up to 3 days of unpaid sick leave.
Some workplaces, such as banks, telecom companies, airlines, and railways, are covered by the Canada Labour Code instead. Under that law, employees can take up to 17 weeks unpaid sick leave.
You may be able to claim Employment Insurance (EI) sick benefits if you can’t work because of illness or quarantine.
The federal government has announced that some of the EI rules will be changed for workers who are sick or quarantined due to COVID-19:
- Doctor’s notes won’t be required
- The normal one-week waiting period won’t apply
On March 25 2020 the federal government announced a new Canada Emergency Response Benefit for workers who don’t qualify for EI sick benefits or other paid leave if they are:
- quarantined or sick with COVID-19
- taking care of a family member who is sick with COVID-19
- working parent(s) who are staying home without pay to take care of children due to school or daycare closures
- still employed but there is not enough work and their employer has asked them to stay home
- wage earners and self-employed individuals, including contract workers, who would not otherwise be able to get EI.
The Canada Emergency Response Benefit gives a taxable benefit of $2000 a month for up to 4 months. Applications will be available online and through a toll-free number in April 2020.
I am self-employed. Can I apply for EI if I am sick or quarantined?
Self-employed workers can apply for EI sick benefits only if they have registered with Employment Insurance and have paid premiums for at least 52 weeks. These rules do not appear to be changing for the COVID-19 pandemic.
However, on March 25 2020 the federal government announced a new Canada Emergency Response Benefit for workers, including self-employed individuals, who don’t qualify for EI sick benefits or other paid leave if they are:
- quarantined or sick with COVID-19
- taking care of a family member who is sick with COVID-19
- working parent(s) who are staying home without pay to take care of children due to school or daycare closures
- still employed but there is not enough work and their employer has asked them to stay home
- wage earners and self-employed individuals, including contract workers, who would not otherwise be able to get EI.
The Canada Emergency Response Benefit gives a taxable benefit of $2000 a month for up to 4 months. Applications will be available online and through a toll-free number in April 2020.
I can’t go to work because I have to stay home to take care of my kids or other family member. What are my rights?
On March 22 2020, the Nova Scotia government declared a state of emergency. The state of emergency will be in effect until noon on April 5, and may be renewed.
Under Nova Scotia's Labour Standards Code employees are entitled to an unpaid emergency leave if they are unable to work because:
- a government agency has declared an emergency, or
- a medical officer of health has issued a directive or order telling an employee to stay off work, or
- the employee needs to take care of their child or other close family member or a person like family who is affected by one of the emergency situations noted above.
Nova Scotia Labour Standards has more information about emergency leave here: https://novascotia.ca/lae/employmentrights/DeclaredEmergencyLeaveFAQ.asp
Your employer does not have to pay you during your time off work. However, on March 25 2020 the federal government announced a new Canada Emergency Response Benefit for workers who don’t qualify for EI sick benefits or other paid leave if they are:
- quarantined or sick with COVID-19, or
- taking care of a family member who is sick with COVID-19
- working parent(s) who are staying home without pay to take care of children due to school or daycare closures
- still employed but there is not enough work and their employer has asked them to stay home
- wage earners and self-employed individuals, including contract workers, who would not otherwise be able to get EI.
The Canada Emergency Response Benefit gives a taxable benefit of $2000 a month for up to 4 months. Applications will be available online and through a toll-free number in April 2020.
What if I am not eligible for Employment Insurance?
Workers who are not eligible for Employment Insurance who have lost their jobs or had their hours reduced may be eligible for the new Canada Emergency Response Benefit.
The Canada Emergency Response Benefit gives a taxable benefit of $2000 a month for up to 4 months. Applications will be available online and through a toll-free number in April 2020.
Last updated March 26 2020
Housing
I've lost income due to COVID-19. Can I be evicted if I can't pay my rent?
The Nova Scotia government has said the following:
There will be no rental evictions due to rental arrears for three months for people whose income has been affected by COVID-19.
During this time all tenants are expected to pay their rent. If a tenant has had their income affected by COVID-19, we encourage landlords and tenants to discuss circumstances to see if an arrangement can be worked out. This change will give tenants time to benefit from recently announced federal and provincial financial aid.
If an arrangement cannot be made, landlords may file for non-payment of rent once the Access Centres counter services reopen. If the tenant or landlord identifies that the tenant’s income has been affected by the COVID-19 pandemic, the hearing will not be scheduled until after June 22, 2020 (three months from the provincial government’s announcement).
At the hearing, the tenant will be asked to provide proof that their income has been affected by the COVID-19 pandemic. When the hearing is held and if the eviction is granted, the order will reflect all outstanding rent owing.
At the hearing, the tenant will be asked to provide proof that their income has been affected by the COVID-19 pandemic. When the hearing is held and if the eviction is granted, the order will reflect all outstanding rent owing.
Nova Scotia Residential Tenancies hearing updates
Nova Scotia Residential Tenancies gave the following updates on March 27 2020:
In-person service
The Access Nova Scotia Centres has suspended their front counter service until further notice. New applications will be reviewed and scheduled for emergency residential tenancy hearings only. This measure will help reduce direct contact between our staff and clients as the application process requires in person contact. Hearings already scheduled will move forward.
Process for Emergency Hearings
We understand that some new hearings must continue. During this time, we will make provisions for hearings that are deemed to be an emergency.
The following situations will be assessed for emergency hearings consideration:
Tenants applications regarding:
- Discontinuation of water, heat, electricity or any other essential service
- Other situations affecting the standards of health and safety
Landlord applications regarding:
- Tenant behaviour/actions that affects the safety of other tenants, landlords and/or landlord employees or landlord property
We will also be accepting applications where the one-year time frame of when the tenancy ended is within one month. These applications will be accepted to enable landlords and tenants to meet the one-year application cut-off in the Residential Tenancies Act. These applications will be accepted and scheduled at a later time.
If you feel your situation meets one of the criteria above, please call 1-800-670-4357, whereby someone will assist you with your application.
Process for hearings already scheduled
Scheduled hearings will continue to be held over the telephone. Although we have added telephone conference lines and continue to identify ways to improve, there have been issues with the toll-free telephone lines not working. Our Residential Tenancy Officers have the capacity to call parties directly to link into the hearing. We are encouraging all parties having issue connecting to the toll-free number to send an email or leave a voicemail on their assigned Residential Tenancy Officer’s direct telephone line and the officer will assist them in connecting to the call. In situations where both parties are not present the hearing will be postponed.
We encourage you to keep informed of the contingency planning processes in place for other organizations involved in the execution of a Directors Order such as the Small Claims Court and Sheriff’s department.
Further information:
Last updated March 27 2020
Money
Nova Scotia Power
Nova Scotia Power announced on March 23 2020 that for at least the next 90 days, they will not be disconnecting customers for nonpayment. You can get more information from Nova Scotia Power here.
Income assistance
On March 19 2020 the Nova Scotia government announced that every individual and family member on income assistance will get an extra $50 starting Friday, 20 March. You do not need to apply.
Mortgage payments
Many banks, and credit unions, including Credit Union Atlantic, have said they will offer special measures for clients on a case-by-case basis for their mortgage payments. This includes deferred payments. Interest may still build up on the balance though, so ask about that. Since every situation differs, it is best to get in touch with your bank or credit union directly.
Here is more information from the Canadian Bankers Association.
Managing financial health in challenging times
The Financial Consumer Agency of Canada has prepared a new resource on managing finances during an emergency.
Income tax
The Government of Canada announced flexibility measures for taxpayers. This means the due date for filing individual tax returns has been extended to June 1, 2020, and you can pay any balance owing to the Canada Revenue Agency, without penalty, by September 1, 2020. Filing deadlines for businesses and charities have also been extended. You can get more information from the Canada Revenue Agency here.
It is still a good idea to file your taxes as early as you can if you expect a refund or want to make sure child benefits or other credits get properly calculated and applied.
Canada Child Benefit
The federal government will be providing an extra $300 per child through the Canada Child Benefit for 2019-2020, paid as part of the scheduled May payment. You do not need to re-apply if you are already get the Canada Child Benefit.
Special GST/HST credit payment
The federal government will be providing a one-time special payment to low and modest income individuals and and families through the Goods and Services Tax credit. You do not need to apply for this payment. If you are eligible, you will get it.
Government of Canada financial support for individuals and businesses
Go here for specific information from the Government of Canada about financial aid for individuals, families and businesses.
Last updated March 25 2020
Courts and Legal Aid
Courts, court appearances
Nova Scotia courts are only dealing with urgent or essential matters.
If you are due in court and you have travelled recently or are experiencing symptoms you should contact your lawyer (if you have one) or contact the court right away to get instructions from the presiding judge.
Here is contact information for all Nova Scotia courts: www.courts.ns.ca
Do not go to a courthouse if you:
- have travelled outside Canada in the past 14 days, or
- are experiencing symptoms of the coronavirus, or
- have been directed by public health officials, 811, or your doctor to self-isolate.
You can get more detailed information about what is happening at all Nova Scotia courts here: courts.ns.ca
Some key court updates:
- Electronic filing of court documents: Effective March 26, 2020, and unless a judge says otherwise, the Supreme Court, including the Family Division, will no longer accept hard copies of documents at courthouses, due to the risk of the COVID-19 virus. Instead, counsel and self-represented individuals should email or fax those documents that need to be filed in relation to urgent and essential matters.
Here is a list of Email and Fax numbers for Nova Scotia courts.
- What's an urgent family law issue during COVID-19? The Supreme Court Family Division has the following guidelines to help parents, families and lawyers understand what's likely to be considered urgent. Read the guidelines here.
- Tickets and ticket fines: Nova Scotians will have more time to pay their fines & no one will be automatically convicted for not dealing with outstanding summary offence tickets during the COVID-19 crisis. Details here.
Nova Scotia Legal Aid
Go to nslegalaid.ca for information about services currently available through Nova Scotia Legal Aid (NSLA).
In an effort to reduce the need for Nova Scotians to go to courthouses, Nova Scotia Legal Aid will help any unrepresented people who need urgent changes to their Undertaking or Recognizance. Find out more here
NSLA has expanded its online family law chat service. NSLA has also expanded its family summary advice services by making it available by phone at all NSLA Offices that provide family law services. Details here.
Dalhousie Legal Aid
Dalhousie Legal Aid put out the following notice on March 18 2020:
Please be advised that Dalhousie Legal Aid Service will be temporarily suspending many of our services due to the COVID-19 virus. We are implementing protocols that will see our physical office closed until April 6, 2020 or until further notice. Your matters are important to us, so our staff will be working off site to continue to represent individual and community-based clients. Please note your court matters may be delayed or adjourned but a staff member will contact you about making alternate arrangements. Other court matters are proceeding through teleconferencing. You may get direction from the court or DLAS staff member on how the matter will proceed.
Our Telelinks line, as well as outreach clinics will be suspended during this time. Our staff will be working off-site and can contact you via email to address your matters and concerns. If you have an urgent matter, please leave a voice message on our general line at 902-423-8105 and we will follow up as we are able.
We thank you in advance for your cooperation and understanding as we work with one another to address this public health issue. Remember we are all in this together!
Human Rights
Nova Scotia Human Rights Commission
The NS Human Rights Commission (NSHRC) has issued a policy statement about COVID-19, emphasizing the importance of respecting the human rights principles under the Nova Scotia Human Rights Act (Act), the Canadian Charter of Rights and Freedoms (Charter) and all Public Health direction at the centre of decision-making during the coronavirus (COVID-19) pandemic.
The statement reads in part:
Discrimination including harassment against any persons or communities related to COVID-19 is prohibited when it involves a ground under the Act, in the areas of services, housing, employment, vocational associations and contracts.
The Act protects against discrimination based on 18 grounds, whether perceived or otherwise, including disability, ethnic origin, place of origin and race. The NSHRC’s position is that the Act’s ground of disability is engaged in relation to COVID-19, as it covers medical conditions or perceived medical conditions that carry significant social stigma. Depending on the situation other grounds may also apply.
Read the full NSHRC policy statement here.
The NSHRC is not accepting walk-in clients or appointments right now, but they are still open and you can contact them if you have human rights questions or a complaint.
