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CHAPTER 226

OF THE

REVISED STATUTES, 1989


NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act Respecting the
Closing of Industry or Industrial
Enterprises in Nova Scotia

Short title

1 This Act may be cited as the Industry Closing Act. R.S., c. 226, s. 1.

Interpretation

2 In this Act,

(a) "employee" means every person engaged in any industry who is in receipt of or entitled to compensation for labour performed in the Province whether the labour is performed on the premises of the employer or of the employee or elsewhere and whether the compensation is on the basis of time or of the amount of work performed or piece work;

(b) "employer" means every person, corporation, partnership or firm engaged in any industry and directly or indirectly responsible for the payment of wages to fifty or more employees;

(c) "industry" includes every business, calling, trade, undertaking and work of any nature whatsoever and any branch thereof in which there are employers and fifty or more employees except a seasonal industry and the mining and agricultural industries;

(d) "Minister" means the Minister of Industry, Trade and Technology. R.S., c. 226, s. 2.

Notice of proposed closure of industry

3 (1) Where an employer engaged in an industry is about to close down, discontinue or abandon the whole of the industry or any portion thereof which will or may affect fifty or more employees of the industry, he shall before the closing down, discontinuance or abandonment give notice thereof to the Minister.

Requirements respecting notice

(2) The notice shall be given at least three months before the closing down, discontinuance or abandonment and shall be in such form and contain such information as the Minister may by regulation require.

No closure during period of notice

(3) No employer shall close down, discontinue or abandon the whole or any part of any such industry within three months of the giving of such notice. R.S., c. 226, s. 3.

Inquiry

4 On the report and recommendation of the Minister, the Governor in Council shall have power to conduct any inquiry or examination into and concerning the proposed closing down, discontinuance or abandonment and such closing down, discontinuance or abandonment shall be deemed to be a public matter within the meaning of the Public Inquiries Act. R.S., c. 226, s. 4.

Reopening where failure to comply with Act

5 If any industry or any part thereof is closed down, discontinued or abandoned so as to affect fifty or more employees and the provisions of this Act have not been complied with, the Minister may cause the industry to be reopened at the expense of the employer for such time not exceeding three months as the Minister may determine. R.S., c. 226, s. 5.

Penalty

6 Any employer who closes down, discontinues or abandons any industry without giving the notice required by Section 3 shall be liable to a penalty of one hundred dollars and every day that the industry was closed down, discontinued or abandoned in contravention of Section 3 shall constitute a separate offence. R.S., c. 226, s. 6.

Exemption

7 This Act shall not apply to any industry or part of an industry which has arisen or which has been developed as a result of World War II except to the extent that the industry was in operation prior to the commencement of the said war. R.S., c. 226, s. 7.

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