Industry Closing Act

Link to law:
Published: 2016-01-05

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Industry Closing Act


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.

2 In this Act,

(a) "employee" means every person engaged in any industrywho is in receipt of or entitled to compensation for labourperformed in the Province whether the labour is performed on thepremises of the employer or of the employee or elsewhere andwhether the compensation is on the basis of time or of the amountof work performed or piece work;

(b) "employer" means every person, corporation, partnership orfirm engaged in any industry and directly or indirectly responsiblefor 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 branchthereof in which there are employers and fifty or more employeesexcept a seasonal industry and the mining and agriculturalindustries;

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

Notice of proposed closure of industry
3 (1) Where an employer engaged in an industry is about to closedown, discontinue or abandon the whole of the industry or any portionthereof which will or may affect fifty or more employees of the industry,he shall before the closing down, discontinuance or abandonment givenotice thereof to the Minister.

Requirements respecting notice
(2) The notice shall be given at least three months before the closingdown, discontinuance or abandonment and shall be in such form andcontain 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 wholeor any part of any such industry within three months of the giving ofsuch notice. R.S., c. 226, s. 3.

4 On the report and recommendation of the Minister, the Governorin Council shall have power to conduct any inquiry or examination intoand concerning the proposed closing down, discontinuance orabandonment and such closing down, discontinuance or abandonmentshall be deemed to be a public matter within the meaning of the PublicInquiries 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 orabandoned so as to affect fifty or more employees and the provisions ofthis Act have not been complied with, the Minister may cause theindustry to be reopened at the expense of the employer for such time notexceeding three months as the Minister may determine. R.S., c. 226, s. 5.

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

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