Bill 148 settlement – Frequently Asked Questions
Below you will find questions and answers that address how the Bill 148 remedy decision affects CUPE members. Please note, this FAQ is intended for members of CUPE. If you are a member of a different union affected by Bill 148, we would encourage you to look up resources made available by them.
For the purposes of this FAQ, whenever the term “members” is used, it refers to both current and former members.
Information about the notification, objection, and compensation process is below.
- When will I receive the money?
All members entitled to damages shall receive them no later than December 31, 2027.
- How will it be determined who is eligible for damages?
The Province is responsible for identifying anyone who is entitled to damages. This effort will include creating a list of all persons entitled and encouraging anyone who may be eligible to identify themselves to the Province.
- How will I communicate my eligibility for damages to the province?
The exact method for how members should identify themselves as being eligible for damages has yet to be determined, but the Province is responsible establishing such a process. We will update this FAQ once this has been finalized.
- I am no longer employed by the same employer as I was for the wage restraint period. I have moved and do not have the same contact or banking information. How will I receive my payment?
The exact method for how members and past members can update their contact and banking information has yet to be determined, but the Province is responsible establishing such a process. We will update this FAQ once this has been finalized.
- Should I just update my contact info with CUPE now?
No. Please wait until the Province has established a clear process for identifying eligibility and updating information before reaching out to the place they direct you. This ensures the information you are communicating is properly collected by the Province.
- Will I be able to check if I am on the list of eligible recipients?
Yes. The Government of Nova Scotia will make available a list of all those entitled to damages no later than June 30, 2027. The means by an individual can check this list has yet to be determined. We will update this FAQ once this has been finalized.
- What if I’m not on the list, but I worked during that time?
Members and former members who are not on the list but believe they should be, will have an opportunity to object ahead of the September 30, 2027, deadline to finalize the list. We will update this FAQ once this has been finalized.
Background
- Why did CUPE file a Charter Challenge against the Government of Nova Scotia regarding Bill 148?
In December 2015, Nova Scotia’s government passed the Public Services Sustainability Act (also referred to as Bill 148). Bill 148 imposed wage restraints and eliminated the long-services awards in the collective agreements of public sector workers.
The Nova Scotia Government and General Employees Union, Canadian Union of Public Employees Nova Scotia, Nova Scotia Teachers Union, Nova Scotia Nurses Union, Unifor, International Union of Operating Engineers Local 727, Services Employees International Union Local 2, and the Canadian Union of Postal Workers challenged Bill 148 at the Nova Scotia Supreme Court. They argued that Bill 148 interfered with collective bargaining between unions and the Government of Nova Scotia and, as a result, violated the Canadian Charter of Rights and Freedoms.
- How did Bill 148 impact CUPE members?
As part of an austerity push, the McNeil government passed Bill 148, which restrained wages and eliminated the long-service award in collective agreements. The impact was not just to the earnings of workers, but on their right to association, and the dignity, autonomy, and equality that comes with the exercise of fundamental freedoms.
- What did the court decide?
The Honourable Justice Ann E. Smith of the Nova Scotia Supreme Court ruled that Bill 148, the Public Services Sustainability Act, was unconstitutional. Justice Smith found:
“[…] in removing wages from the items up for negotiation, the Act materially undermined the ability of the Applicant Unions to effectively bargain for their members.”
“It is clear to this Court that the removal of the long service awards, along with the wage restraint caps imposed by the Act, had a hugely negative impact on the bargaining power of the Applicant Unions, and thereby their ability to meaningfully negotiate on behalf of their members.”
“Bill 148 substantially interfered with the ability of the Applicant Unions to exert meaningful influence over important working conditions through a process of good faith collective bargaining.”
“Bill 148 removed the Applicant Unions’ leverage on monetary items and thereby upset the balance of power between the parties and negated the ability of the Unions to engage in meaningful bargaining.”
“The evidence shows, and I find that Bill 148 did not respect the principle of the duty to consult and negotiate in good faith.”
- Why is the agreement considered a “remedy?”
Remedy is how parties can obtain redress, or compensation by a court or through some other legal process (e.g., an arbitration hearing, a tribunal, etc.) once it has been determined that their rights have been violated. In this case, the court decided a remedy is required given the government’s violation of members’ collective bargaining rights.
- Why didn’t the court decision in February 2026 include a remedy for the losses members experienced?
Justice Smith left it to the parties to determine a fair remedy. It was understood that, if the unions and the government could not agree on a remedy, that the matter could be referred to the court.
- Did the court’s decision in February 2026 obligate CUPE to take the offer other unions accepted?
It was important to us that all eight unions consent to this settlement collectively. From day one of this court challenge, and even before when workers took the streets, solidarity has driven our success.
Remedy Decision
- What has the court ultimately decided?
Justice Smith ruled that Bill 148 was unconstitutional and struck it down with a 12-month delay and referred the issue of any possible further remedy to the parties to try to reach agreement.
- What is the amount of the full remedy settlement?
The settlement is estimated to total at $470 million and will be paid out to eligible members affected by this violation. The amount each individual will receive will vary depending on years of employment during the wage restraint period and whether the member was eligible for the long-service award.
- How were the amounts determined and why am I not being reimbursed for the estimated value of the wages I lost out on?
The amount was determined through a mediated negotiation between the applicant unions and the Province. An agreement in principle was drafted as a consent order and submitted to the court on October 16, 2026.
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.
The goal of our union was to secure the highest damages award possible, while safeguarding against the risk we would face if the Province appealed Justice Smith’s decision.
Had the parties failed to negotiate a remedy, there was no guarantee that Justice Smith would have awarded damages, and if an appeal by the government was successful, it would have resulted in no remedy at all.
A successful appeal by the government would have left workers open to future legislated attacks on their Charter rights.
- Will I get to vote on the settlement?
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.
- Will the government appeal? Can the remedy funds by clawed back?
The order for damages is final and binding to all parties.
Eligibility
- Who is eligible for financial compensation?
Members are eligible if they were covered by a collective agreement with the imposed wage restraint or lost the long-service award. This will be determined based on who appears on the seniority list.
- I am retired now, but I worked during the years of wage restraint?
All members who were employed during the years of wage restraint are entitled to the share of a remedy.
- I was employed by two different employers affected by Bill 148 during this time. Does this affect my entitlement?
No. However, no individual is entitled to more than one payment of damages with respect to any given year of wage restraint.
- I worked part-time. Does that affect my eligibility or the amount I will receive?
No. Your eligibility is determined by whether you are on the seniority list. The amounts are not pro-rated based on your FTE status.
- I only worked for part of the year during the period of wage restraint. Does that affect my eligibility or the amount I will receive?
No. Amount are not pro-rated based on the number of days worked in a year during the wage restraint period.
- What happens if a member who worked during the wage restraint period has passed away?
Deceased individuals/estates are not eligible for payment under this order.
- What happens if a member was terminated with cause since Bill 148 was enacted?
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.
Compensation Process
- Do members and former members, including retirees, need to sign up somewhere to confirm eligibility for the remedy?
No. However, we encourage member to review the finalized list, which is to be made available no later than June 30, 2027. If you are missing from this list, and believe it is in error, you can make an objection by the September 30, 2027, deadline.
- How much compensation will I receive?
The maximum amount a member can receive is $5000. The entitlement of damages shall be calculated based on each year of the wage restraint period worked by the member as follows:
$1250 if the individual worked during the first year of wage restraint.
$1250 if the individual worked during the second year of wage restraint.
$750 if the individual worked during the third year of wage restraint.
$500 if the individual worked during the fourth year of wage restraint.
$1250 who was eligible for a Service Award and would have accrued additional service
towards the Service Award but for Bill 148.
- When will I be compensated?
All damages must be paid no later than December 31, 2027, but nothing in the Order for Damages prevents payments from being made prior to this date.
- What is the process for compensation?
The process for compensation has yet to be determined.
- What if the amount I am entitled to is inaccurate or I have been left off the list of eligible members?
You should make an objection by the September 30, 2027, deadline.
- Will the payment be treated as taxable income?
We do not anticipate this payment will be taxable. This is because the money is being issued as court damages, not as regular employment pay or income. However, the final decision lays with the Canada Revenue Agency. Once this is confirmed, we will update this FAQ.
- 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.