Bill 148 Proposed Consent Order: Frequently Asked Questions

Frequently Asked Questions

What is Bill 148?

Bill 148 (the Public Services Sustainability Act) was legislation introduced and passed in 2015 by the McNeil Liberal Government and enacted in 2017. It stripped away the collective bargaining rights of workers in Nova Scotia by imposing fixed wage increases over a four-year period and ending the continued accrual of service awards and retirement allowances.

Why did the unions reach an agreement with government?

On February 25, 2026, Justice Ann Smith of the Supreme Court of Nova Scotia declared Bill 148 unconstitutional because it violated workers’ rights to free and fair collective bargaining. The judge gave the unions and the government 12 months to come up with a remedy. With the help of a mediator, an agreement in principle was drafted as a consent order and submitted to the court on October 16, 2026.

Why didn’t members get to vote on this agreement?

The Supreme Court of Nova Scotia handled this matter, meaning the final remedy must come directly from a court order under the judicial authority of the Charter of Rights and Freedoms. Because it is a legal, Charter-based remedy determined by the court, it is not a traditional collective bargaining process and does not involve a democratic membership vote.

Moreover, the logistics of attempting to coordinate a vote involving more than 80,000 people spanning eight unions, some of whom may or may not have retired or moved away over the 11 years that have passed since the introduction of Bill 148, would be extremely complex.”

Why doesn’t this award cover 100% of my lost wages?

Court-ordered constitutional damages, like this, are meant to hold the government accountable for infringing on your rights, not to replace lost income or economic loss.

When will I get my payment?

At this time, the exact payment dates and distribution methods are unknown. Justice Smith has asked the unions and government to submit a specific payment deadline before she formally signs the order. Once she signs and issues the final order (expected in the coming weeks), the NSGEU will communicate clear timelines directly to members.

How much will eligible members receive?

Compensation is issued as flat-rate Charter damages. The amounts are the same for all eligible members, regardless of salary, job classification, or hours worked.

Payments are broken down by the four-year wage restraint period:

1st Year: $1,250.00 (for the 0% wage restriction)
2nd Year: $1,250.00 (for the 0% wage restriction)
3rd Year: $750.00 (for the 1% wage restriction)
4th Year: $500.00 (for the 1.5% + 0.5% wage restriction)

Service Award Impact: An additional $1,250.00 if you lost the future accrual of a service award or retirement allowance.

The maximum total amount any single person can receive under this order is $5,000.00.

Who is eligible to receive these damages?

Any past or present unionized employee appearing on a seniority list who was impacted by Bill 148 and worked a full or partial year during the designated four-year period is entitled to general damages for that year.

Who is excluded from receiving payments?

Estates: Deceased individuals/estates are not eligible for payment under this order.

Terminations for Cause: Any employee terminated for cause following the enactment of  Bill 148 is not eligible.

What if I already chose to take a payout for my service award/retirement allowance?

You are still eligible for the additional $1,250.00 service award damages. This applies whether you previously opted for a payout or not. Please note that service awards/retirement allowances are not being reinstated; this payment is strictly to recognize the past infringement on your rights. If you did not take a payout of a service award/retirement allowance, your allowance remains intact.

What are my specific “four years” of wage restraint?

The court order does not explicitly list the specific years because they vary by collective agreement. It depends entirely on when your specific collective agreement in effect at the time expired.

Will this payment affect my LTD, Workers’ Comp, or EI?

We do not anticipate any financial impact on eligible employees currently on Long-Term Disability (LTD), Workers’ Compensation (WCB), or Employment Insurance (EI). This is because the money is being issued as court damages, not as regular employment pay or income.

If you have questions regarding the proposed Bill 148 consent order, please email nsgeu_b148@nsgeu.ca