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Minimum Wage Order (Logging and Forest Operations)

made under Sections 50 and 52 of the

Labour Standards Code

R.S.N.S. 1989, c. 246

O.I.C. 1999-56 (February 17, 1999, effective October 1, 1999), N.S. Reg. 5/99

as amended up to O.I.C. 2008-145 (March 26, 2008, effective May 1, 2008), N.S. Reg. 124/2008

Citation

1     These regulations may be cited as the Minimum Wage Order (Logging and Forest Operations).

Definitions

2     In this Order

 

                (a)    “logging operation” includes all operations in or incidental to

 

                         (i)     the carrying on of logging, including the logging or cutting of cordwood, mining-props, pile poles, pulpwood or tie cutting, and

 

                         (ii)    hauling, driving, fluming, rafting, or booming of logs, mining props, piles, poles, pulpwood or ties;

 

                (b)    “forest operation” includes

 

                         (i)     construction and maintenance of a road, where necessary to provide access to a logging operation or a camp or a loading or driving facility,

 

                         (ii)    forest improvement work including thinning, drainage and irrigation of the soil,

 

                         (iii)   reforestation,

 

                         (iv)   forest fire protection,

 

                         (v)    catering, contracting or sub-contracting operations in the forest in connection with a logging operation,

 

                         (vi)   operation of a portable mill or temporary establishment in the forest where wood is rough sawed as a part of a logging operation.

Application

3     This Order applies within the Province of Nova Scotia to all employees and to their employers engaged in logging or forest operations excepting

 

                (a)    employees transporting wood already removed from the forest;

 

                (b)    employees of a farmer carrying on logging or forest operations with not more than 2 employees on a woodlot owned by the farmer;

 

                (c)    employees hired in an emergency to fight forest fires;

 

                (d)    persons employed outside the forest in mills or establishments wherein the wood is worked or processed;

 

                (e)    forest fire fighters employed under the provisions of the Forests Act;

 

                (f)    employees whose remuneration is based on board feet or cords or other method of measurement of wood in conformity with a written agreement between themselves and their employers.

Employer’s responsibility

4     No employer shall employ an employee at a rate of wages less than the minimum wage fixed by this Order or otherwise violate or fail to observe any provisions of this Order.

Minimum wage

5     (1)    The minimum wages for employees in a logging or forest operation are fixed at the rates set out in the following table:

Effective Date	Class of Employees	Rate
May 1, 2007	Time workers	$7.60 per hour
	Other workers	$1488.50 per month
May 1, 2008	Time workers	$8.10 per hour
	Other workers	$1586.30 per month
April 1, 2009	Time workers	$8.60 per hour
	Other workers	$1684.20 per month
April 1, 2010	Time workers	$9.20 per hour
	Other workers	$1800.00 per month
October 1, 2010	Time workers	$9.65 per hour
	Other workers	$1888.10 per month

Subsection 5(1) replaced: O.I.C. 2008-145, N.S. Reg. 124/2008.

 

       (2)    In subsection (1) “other workers” means persons who have no fixed work week or whose hours are unverifiable, including but not limited to camp, gate and dam guardians, cooks and kitchen employees, stable hands, watch employees, and fire rangers and wardens.

Section 5 replaced: O.I.C. 2002-273, N.S. Reg. 78/2002.

Minimum rates for board and lodging

6     (1)    If an employer furnishes board and lodging to an employee, the employer shall not deduct from the minimum wage of the employee an amount exceeding the amount set out in the following table:

Effective Date	Board and Lodging
April 1, 2004	$9.45 per day
May 1, 2008	$10.25 per day

Subsection 6(1) replaced: O.I.C. 2008-145, N.S. Reg. 124/2008.

 

       (2)    No employer shall charge an employee for board and lodging that the employee does not receive.

Method of payment

7     Wages shall be paid promptly at regular intervals in accordance with the practice of the employment and in any case not less frequently than semi-monthly.

Minimum wage not maximum rate

8     The rates hereby fixed are minimum rates and are in no way to be construed as maximum rates.

Effective date

9     This order takes effect on, from and not before October 1, 1999.

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