General Guidelines by Province

We present below general guidelines on key points, with links to some of the regulations. If you can't find the information you need or are wondering what your next step should be, we encourage you to visit our Get Help page.

Please visit our Resources by Province or Resources by Internet pages for further resources.

Workershelp.ca is intended for informational purposes only and nothing here should be construed as legal advice.

Employment and Labour Standards

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All Canadian jurisdictions legislate minimum employment standards for working conditions and basic entitlements such as minimum wage, vacations, statutory holidays, maternity and parental leave, overtime, severance and termination pay. Some provinces cover additional benefits you may be entitled to such as sick leave, bereavement leave and certain rights to help you meet your family responsibilities in case of emergencies.

These laws are commonly referred to as the Employment Standards Act or Labour Standards Code.

It is important to remember that Employment Standards are minimum standards only and do not prevent your employer from providing you with a greater benefit.

You cannot be asked, or agree, to contract out of an employment standard unless there are specific provisions such as averaging agreements for hours of work.

Not all workers are subject to employment/labour standards and regulations. Independent contractors, for instance, are not covered in most jurisdictions because they are not considered to be employees. Some occupations, such as police officers, architects and accountants, could be exempt from certain provisions or not covered at all. Exemptions are generally found in the subject area of the employment standards or in the corresponding regulations. It is essential that you establish if you are covered by the standard before proceeding with any complaint. It is in the regulations that the fine details of the employment standard exist.

If you believe your employer is violating employment standards, you can file a complaint. Depending on the province in which you work, your complaint must be filed anywhere from 45 days to two years from the time of the infraction. You should make detailed notes of the circumstances surrounding your complaint as you are likely to be required to produce such documentation.

In most jurisdictions, you are expected to first try to resolve the problem with your employer. If that proves unsuccessful, an employment standards officer would investigate and either issue a compliance order or dismiss the case. If the matter is not resolved, complaints can be heard by a tribunal or board for final and binding determination.

It is against the law in all jurisdictions for your employer to discriminate or retaliate against you because you exercised your rights under employment standards legislation.

Determining your rights under employment standards legislation can be a difficult task. It requires careful reading of the appropriate section(s) of legislation and corresponding regulations. In addition there are numerous exceptions and exemptions that may need to be considered.

Alberta

Read Regulations

Alberta - Regulations and Exemptions

Part 1 - Exemptions

Farm or ranch employee exemptions

1.1 An operation that produces cultured fish within the meaning of the Fisheries (Alberta) Act is specified as a primary agricultural operation for the purpose of section 2(3)(i) of the Act.

AR 114/2000 s2

Hours of work, overtime and records

2(1) Section 14(1)(a) of the Act (relating to the keeping of employment records for regular and overtime time hours of work) and Part 2, Divisions 3 and 4 of the Act (relating to hours of work, overtime and overtime pay) do not apply to

(a) an employee who is employed in

(i) a supervisory capacity,

(ii) a managerial capacity, or

(iii) a capacity concerning matters of a confidential nature and whose duties do not, other than in an incidental way, consist of work similar to that performed by other employees who are not so employed;

(b) an employee who is

(i) a salesperson, other than a route salesperson, remunerated in whole or in part by commission, who is engaged in soliciting orders, principally outside of the employer’s place of business, for goods or services that will subsequently be delivered or provided to the purchaser,

(ii) an automobile, recreational vehicle, truck or bus salesperson,

(iii) a manufactured home salesperson,

(iv) a farm machinery salesperson,

(v) a heavy duty construction equipment or road construction equipment salesperson,

(vi) a person employed by a person who builds residential homes to sell those homes,

(vii) authorized to trade in real estate as a real estate broker under the Real Estate Act,

(viii) a salesman registered under the Securities Act,

(ix) an individual holding an insurance agent’s certificate of authority under section 470 of the Insurance Act who is compensated for activities performed under that certificate entirely by way of commission income,

(x) an individual who has attained the age of 16 years and who engages in a direct selling business within the meaning of the Direct Selling Business Licensing Regulation (AR 190/99) under the Fair Trading Act on behalf of the holder of a direct selling business licence established by that Regulation,

(xi) a land agent licensed under the Land Agents Licensing Act,

(xii) an extra in a film or video production, or

(xiii) a counsellor or instructor at an educational or recreational camp that is operated on a charitable or not‑for‑profit basis

(A) for children or handicapped individuals, or

(B) for religious purposes, or to their respective employers while acting in the capacity of employer.

(2) Section 14(1)(a) of the Act (relating to keeping of employment records for regular and overtime hours of work) and Part 2, Divisions 3 and 4 of the Act (relating to hours of work, overtime and overtime pay) do not apply to an employee or to the employee’s employer while acting in the capacity of employer if the employee is

(a) a registered architect, restricted practitioner or visiting project architect, as defined in the Architects Act,

(b) a member or student within the meaning of the Regulated Accounting Profession Act,

(c), (d) repealed AR 108/2004 s14,

(e) a person who is registered as a regulated member of, and has a practice permit issued by the registrar of, The College of Chiropractor of Alberta, or a professional corporation that is registered on the record of professional corporations of that College and has an annual permit, under the Health Professions Act,

(f) a person who is registered as a regulated member of, and has a practice permit issued by the registrar of, The Alberta Dental Association and College, or a professional corporation that is registered on the record of professional corporations of that Association and College and has an annual permit, under the Health Professions Act,

(g) a professional member or member‑in‑training, as defined in the Engineering, Geological and Geophysical Professions Act,

(h) an active member or a student‑at‑law, as defined in the Legal Profession Act,

(i) a person who has a practice permit issued by the registrar of The Alberta College of Optometrists, or a corporation that is registered on the record of professional corporations of that College or has an annual permit, under the Health Professions Act,

(j) a podiatrist as defined in the Podiatry Act,

(k) a person who is registered as a regulated member of, and has a practice permit issued by, The College of Alberta Psychologists, under the Health Professions Act,

(l) a registered veterinarian or permit holder as defined in the Veterinary Profession Act,

(m) a member within the meaning of the Agrologists Act or a person registered with the Alberta Institute of Agrologists as an agrologist in training,

(n) a person who is registered as a regulated member of, and has a practice permit issued by the registrar of, the College of Alberta Denturists under the Health Professions Act, or

(o) an information systems professional, being an employee who is primarily engaged in the investigation, analysis, design, development, implementation, operation or management of information systems based on computer and related technologies through the objective application of specialized knowledge and professional judgment, so long as that person is carrying on the occupation governed by the Acts referred to in this subsection.

AR 14/97 s2;114/2000;108/2004;8/2005

General holidays and general holiday pay exemptions

3 Part 2, Division 5 of the Act (relating to general holidays and general holiday pay) does not apply to an employee who is

(a) a salesperson, other than a route salesperson, remunerated in whole or in part by commission, who is engaged in soliciting orders, principally outside of the employer’s place of business, for goods or services that will subsequently be delivered or provided to the purchaser,

(b) an automobile, recreational vehicle, truck or bus salesperson,

(c) a manufactured home salesperson,

(d) a farm machinery salesperson,

(e) a heavy duty construction equipment or road construction equipment salesperson,

(f) authorized to trade in real estate as a real estate broker under the Real Estate Act,

(g) a salesman registered under the Securities Act,

(h) an individual holding an insurance agent’s certificate of authority under section 470 of the Insurance Act who is compensated for activities performed under that certificate entirely by way of commission income,

(i) an extra in a film or video production,

(j) a person employed by a person who builds residential homes to sell those homes,

(k) an individual who has attained the age of 16 years and who engages in a direct selling business within the meaning of the Direct Selling Business Licensing Regulation (AR 190/99) under the Fair Trading Act on behalf of the holder of a direct selling business licence established by that Regulation, or

(l) a counsellor or instructor at an educational or recreational camp that is operated on a charitable or not‑for‑profit basis

(A) for children or handicapped individuals, or

(B) for religious purposes, or to their respective employers while acting in the capacity of employer.

AR 14/97 s3;114/2000;8/2005

Vacation and vacation pay exemptions

4 Part 2, Division 6 of the Act (relating to vacations and vacation pay) does not apply to an employee who is

(a) a salesperson, other than a route salesperson, remunerated in whole or in part by commission, who is engaged in soliciting orders, principally outside of the employer’s place of business, for goods or services that will subsequently be delivered or provided to the purchaser,

(b) authorized to trade in real estate as a real estate broker under the Real Estate Act,

(c) a salesman registered under the Securities Act,

(d) an individual holding an insurance agent’s certificate of authority under section 470 of the Insurance Act who is compensated for activities performed under that certificate entirely by way of commission income, or

(e) an extra in a film or video production, or to their respective employers while acting in the capacity of employer.

AR 14/97 s4;114/2000;8/2005

No notice of termination

5(1) No termination notice is required to be given by an employee, and no termination notice, termination pay or combination of termination notice and termination pay is required to be given or paid by an employer to terminate the employment of an employee if

(a) the employee is employed at the site of and in the construction, erection, repair, remodelling, alteration, painting, interior decoration or demolition of any

(i) building or structure,

(ii) road, highway, railway or airfield,

(iii) sidewalk, curb or gutter,

(iv) pipeline,

(v) irrigation or drainage system,

(vi) earth and rock fill dam,

(vii) sewage system,

(viii) power transmission line or power distribution system, or

(ix) gas distribution system unless the employee

(x) is employed to perform ongoing maintenance, or

(xi) is employed as an office employee;

(b) the employee is employed in the cutting, removal, burning or other disposal of trees and brush, or either of them, for the primary purpose of clearing land and not for the harvesting of timber on it.

(2) For the purpose of subsection (1)(a)(x), a person is deemed to be employed to perform ongoing maintenance if the person is continuously employed to maintain anything referred to in subsection (1)(a)(i) to (ix).

(3) Notwithstanding section 55(2) of the Act, to the extent that section 55(2)(c) of the Act applies with respect to an employee engaged in oil well drilling, that clause is deemed to read

(c) when the employee is employed for a definite term or task on completion of which the employment terminates,

(4) In subsection (3), “oil well drilling” means the drilling of an oil or gas well, and includes any work performed with a mobile or completion servicing rig.

AR 14/97 s5;114/2000

Termination pay

5.1 Section 63(1) of the Act does not apply with respect to an employee who

(a) is employed to work in a school within the meaning of the School Act, or is employed as a school bus driver,

(b) works until the end of one school year, and

(c) at and from the beginning of the next school year

(i) continues to work for the same employer, or

(ii) is given the opportunity (whether the employee takes it or not) to continue to work for that employer.

AR 114/2000 s8

Domestic employment

6 The following provisions do not apply to employees employed in domestic work in a private dwelling, or to their employer while the employer is ordinarily resident in the dwelling and acting in the capacity of employer:

(a) Part 2, Divisions 3 and 4 of the Act (relating to hours of work, overtime and overtime pay), except for sections 18 and 19 of the Act (relating to rest periods and days of rest).

(b), (c) repealed AR 114/2000 s9.

With the exception of those who fall under federal legislation, most employees in Alberta are covered by its Employment Standards Code.

• Standards deviate or do not apply at all to certain groups of employees in specific industries. In most cases, the text of a particular standard will indicate what occupations or job classes are exempt.

• If you want to file a complaint, it must be done within six months of your last day of employment. The director of Employment Standards can grant an extension in some circumstances such as illness.

• The code stipulates that an employee who is required to report for work must be paid at least three hours at minimum wage.

British Columbia

Read Regulations

British Columbia - Regulations and Exemptions

Part 7 — Variances and Exclusions
How to apply for a variance

30 (1) To apply under section 72 of the Act for a variance, a letter must be delivered to the director.

(2) The letter must be signed by the employer and a majority of the employees who will be affected by the variance and must include the following:

(a) the provision of the Act the director is requested to vary;

(b) the variance requested;

(c) the duration of the variance;

(d) the reason for requesting the variance;

(e) the employer's name, address and telephone number;

(f) the name and home phone number of each employee who signs the letter.

Spent

30.1 Spent.
Professions and occupations excluded from the Act

31 The Act does not apply to an employee who is

(a) an architect, as defined in the Architects Act,

(b) a member, other than an honorary member, of the Institute of Chartered Accountants under the Accountants (Chartered) Act or a person enrolled as a student under that Act,

(c) a member of the Law Society of British Columbia under the Legal Profession Act or a person enrolled as an articled student under that Act,

(d) a registrant of the College of Chiropractors of British Columbia continued under the Health Professions Act,

(e) a registrant of the College of Dental Surgeons of British Columbia continued under the Health Professions Act,

(f) a professional engineer, as defined in the Engineers and Geoscientists Act, or a person who is enrolled as an engineer in training under the bylaws of the council of the Association of Professional Engineers and Geoscientists of the Province of British Columbia,

(g) a person licensed as an insurance agent or adjuster under the Financial Institutions Act,

(h) a member in good standing of the Corporation of Land Surveyors of the Province of British Columbia under the Land Surveyors Act or a person admitted as an articled pupil under that Act,

(i) a registrant of the College of Physicians and Surgeons of British Columbia continued under the Health Professions Act,

(j) a registrant of the College of Naturopathic Physicians of British Columbia established under the Health Professions Act,

(k) a registrant of the College of Optometrists of British Columbia established under the Health Professions Act,

(l) a person authorized to practise podiatry under the Podiatrists Act,

(m) a person licensed under the Real Estate Services Act,

(n) a person registered under section 35 of the Securities Act,

(o) a member of the British Columbia Veterinary Medical Association under the Veterinarians Act, or

(p) a professional forester as defined in the Foresters Act, so long as that person is carrying on the occupation governed by the Acts referred to in paragraphs (a) to (p).

[am. B.C. Regs. 372/98; 518/2004, Sch. s. 9; 202/2006, s. 3 (a); 420/2008, App. s. 4; 421/2008, App. s. 4; 422/2008, App. s. 4; 423/2008, App. s. 4.]
Employees excluded from the Act

32 (1) The Act does not apply to any of the following:

(a) a student who is employed, by a board as defined in the School Act or by an authority as defined in the Independent School Act, to work at the secondary school where he or she is enrolled;

(b) a student enrolled at a secondary school under the supervision of a board as defined in the School Act or an authority as defined in the Independent School Act in a work study, work experience or occupational study class;

(c) a sitter;

(d) Repealed. [B.C. Reg. 396/95, s. 32 (2).]

(e) Repealed. [B.C. Reg. 356/97, s. (a)]

(f) a person receiving benefits under the Unemployment Insurance Act (Canada) as a result of working on a job creation project under section 25 of that Act;

(g) a person participating in Youth Community Action while working for financial credit towards post-secondary tuition fees under that program.

(2) Spent.

(3) The Act does not apply to a person receiving

(a) income assistance or benefits under the BC Benefits (Income Assistance) Act,

(b) a youth allowance or benefits under the BC Benefits (Youth Works) Act, or

(c) a disability allowance or benefits under the Disability Benefits Program Act, while the person is participating in a time-limited government program that provides on-site training or work experience and is operated under an Act referred to in paragraph (a), (b) or (c).

[am. B.C. Regs. 445/95, s. 2; 396/95, s. 32 (2); 81/97; 356/97, s. (a); 210/98.]
Exclusions from Parts of the Act and this regulation

33 Parts 2 and 4 to 8 of the Act and Part 4 of this regulation do not apply to any of the following:

(a) a student in an academic or technical program recognized under the bylaws of the College of Registered Nurses of British Columbia as meeting a standard of academic or technical achievement required for registration as a member of that college;

(b) a student who is in training to be a licensed practical nurse within the meaning of the Nurses (Licensed Practical) Regulation, at a hospital as defined in the Hospital Act;

(c) an auxiliary or volunteer fire fighter employed by a fire department that is organized by a municipality or regional district for the protection of the public.

[am. B.C. Regs. 232/2005, App. s. 2; 202/2006, s. 3 (b); 270/2008, s. (e).]
Exclusions from hours of work and overtime requirements

34 Part 4 of the Act does not apply to any of the following:

(a) a fishing or hunting guide;

(b) a person, other than a percussion drill or diamond drill operator or a helper of either operator, employed in any of the following activities while exploring for minerals other than oil or gas:

(i) staking;

(ii) line cutting;

(iii) geological mapping;

(iv) geochemical sampling and testing;

(v) geophysical surveying or manual stripping;

(c) a teacher;

(d) a person employed as a noon hour supervisor, teacher's aide or supervision aide by

(i) a board as defined in the School Act, or

(ii) an authority as defined in the Independent School Act;

(e) a person employed part time by an institution that

(i) provides training or instruction in a trade, occupation, vocation, recreational activity or hobby, and

(ii) is owned or operated by a municipality, regional district or the government;

(f) a manager;

(g) a tender vessel worker;

(h) a guard, fire warden or fish camp worker employed in connection with a commercial fishing operation;

(i) a person employed on a towboat other than

(i) a boom boat,

(ii) a dozer boat, or

(iii) a camp tender in connection with a commercial logging operation;

(j) a police officer employed by a municipal police board established under the Police Act;

(k) a firefighter employed by a paid fire department as defined in the Fire Department Act;

(l) a commercial traveller who, while travelling, buys or sells goods that

(i) are selected from samples, catalogues, price lists or other forms of advertising material, and

(ii) are to be delivered from a factory or warehouse;

(m) an operator of a motor vehicle who is employed exclusively to transport

(i) students, teachers and other persons accompanying them on school related activities that have been approved by a board as defined in the School Act or by an authority as defined in the Independent School Act, and

(ii) persons to and from a church;

(n) the master or crew of a chartered boat;

(o) any of the following employees of BC Rail Ltd. or of a subsidiary of that company as defined in the British Columbia Railway Act:

(i) a locomotive engineer or helper;

(ii) a train conductor or a train baggageman;

(iii) a brakeman;

(iv) Repealed. [B.C. Reg. 357/97.]

(p) Repealed. [B.C. Reg. 113/99, s. 5.]

(q) a live-in home support worker;

(r) any of the following who are employed by a charity to assist in a program of therapy, treatment or rehabilitation of physically, mentally or otherwise disabled persons:

(i) a counsellor;

(ii) an instructor;

(iii) a therapist;

(iv) a childcare worker;

(v) Repealed. [B.C. Reg. 44/97, s. (c).]

(s) a faculty member as defined in the University Act or the University of Northern British Columbia Act;

(t) a professor as defined in the Royal Roads University Act;

(u) an instructor, counsellor, librarian or administrator who is employed by an institution as defined in the College and Institute Act or by the British Columbia Institute of Technology;

(v) a senior tutor, or tutor, who is employed by the Open Learning Agency;

(w) a night attendant;

(x) a residential care worker;

(y) a live-in camp leader;

(z) a teaching staff member as defined in the Technical University of British Columbia Act.

[am. B.C. Regs. 44/97, s. (c); 357/97; 26/98, s. 1; 113/99, s. 5.]
Farm workers

34.1 Part 4, except section 39, and Part 5 of the Act do not apply to farm workers.

[en. B.C. Reg. 196/2003, s. 3.]
Hours of work and overtime for livestock brand inspectors

34.2 (1) In this section, livestock brand inspector means a person who provides ownership identification services on domestic livestock.

(2) Section 40 of the Act does not apply to livestock brand inspectors.

(3) Repealed. [B.C. Reg. 307/2002, s. 11 (b).]

(4) An employer who requires or allows a livestock brand inspector to work more than 120 hours within a 2-week period must pay the employee for the hours worked in excess of 120 hours at not less than 1 1/2 times the regular wage.

(5) Repealed. [B.C. Reg. 307/2002, s. 11 (d).]

[en. B.C. Reg. 298/2001; am. B.C. Reg. 307/2002, s. 11.]
Resident caretakers

35 (1) Part 4 of the Act, other than sections 36 and 39, does not apply to a resident caretaker.

(2) Each employer of a resident caretaker must

(a) for the information of residents in the apartment building where the caretaker is employed, display in the building a schedule specifying the caretaker's hours of work and days off work, and

(b) give the caretaker a copy of the schedule.

[am. B.C. Reg. 307/2002, s. 12.]
Election workers

35.1 Part 4 of the Act, except section 39, does not apply to persons appointed or retained under section 19 (1), 23 or 88 (3) or (4) of the Election Act.

[en. B.C. Reg. 131/2008.]
Exclusion from statutory holiday pay requirements

36 Part 5 of the Act does not apply to a manager.
Repealed

36.1 Repealed. [B.C. Reg. 196/2003, s. 4.]
Fishers

37 The following provisions of the Act do not apply to fishers:

(a) section 16 (minimum wages);

(b) Part 4, other than section 39;

(c) Parts 5, 7 and 8.
Taxi drivers

37.1 (1) If an employer leases a taxi to a taxi driver

(a) section 10 of the Act does not apply to a taxi driver driving the taxi, and

(b) the employer must pay a taxi driver any shortfall that arises if

(i) the taxi driver tracks hours under the lease arrangement on a per shift basis, and

(ii) the taxi driver does not recover in fares an amount which, in total, is greater than or equal to the lease payment for the taxi plus the minimum wage for each hour worked, averaged monthly.

(2) Sections 35, 40 and 42 of the Act do not apply to a person employed as a taxi driver.

(3) An employer who requires or allows a taxi driver to work more than 120 hours within 2 consecutive weeks must pay the employee for the hours in excess of 120 at least 1 1/2 times the regular wage.

(4) An employer must pay a taxi driver any shortfall that arises if

(a) the taxi driver does not recover in fares an amount which, in total, is greater than or equal to the minimum wage for each hour worked, averaged monthly,

(b) the taxi is not leased by the employer to the taxi driver, and

(c) the taxi driver tracks hours under the employment arrangement on a daily basis.

[en. B.C. Reg. 270/98, s. 2; am. B.C. Reg. 307/2002, s. 13.]
Logging truck drivers

37.2 Sections 32 to 35, 36 (1), 40 and 42 of the Act do not apply to a person employed as a logging truck driver who is paid on a compensation system other than an hourly rate and who is working in the interior area as defined in section 1 (1) of B.C. Reg. 22/96, the Timber Harvesting Contract and Subcontract Regulation.

[en. B.C. Reg. 389/97; am. B.C. Reg. 307/2002, s. 14.]
Truck drivers

37.3 (1) Sections 35, 40 and 42 (2) of the Act do not apply to a person employed as a long haul or short haul truck driver.

(2) An employer who requires or allows a long haul truck driver to work more than 60 hours in a week must pay the employee at least 1 1/2 times the employee's regular wage for the hours worked in excess of 60 hours in a week.

(3) An employer who requires or allows a short haul truck driver to work more than 9 hours in a day or 45 hours in a week must pay the employee at least

(a) 1 1/2 times the employee's regular wage for the hours worked in excess of 9 hours in a day, and

(b) 1 1/2 times the employee's regular wage for the hours worked in excess of 45 hours in a week.

(4) An employee's time bank, as set out in section 42 (1) of the Act, must be credited at the rates required under subsection (2) or (3) of this section.

(5) For the purpose of calculating weekly overtime under subsection (3) (b), only the first 9 hours worked by an employee in each day are counted, no matter how long the employee works on any day of the week.

[en. B.C. Reg. 307/2002, s. 15.]
Newspaper carriers

37.4 (1) The Act does not apply to a newspaper carrier who is enrolled in, or on vacation from, a primary or secondary school and is employed as a newspaper carrier for 15 hours a week or less.

(2) Sections 33, 34 and 36 of the Act do not apply to a person who is employed as a newspaper carrier for 15 hours a week or less.

[en. B.C. Reg. 5/98; am. B.C. Reg. 307/2002, s. 16.]
Oil and gas field workers paid by an hourly rate — exclusion from section 36 (1) of the Act

37.5 Section 36 (1) of the Act [hours free from work] does not apply in respect of employees who work for an employer in the oil and gas well drilling and servicing industry and who are

(a) paid by an hourly rate, and

(b) referred to in Appendix 3.

[en. B.C. Reg. 29/2005, s. 1.]
Specific oil and gas field workers paid by an hourly rate — rest periods and pay for interruption in rest periods

37.51 (1) This section applies in respect of the following employees who work for an employer in the oil and gas well drilling and servicing industry and who are paid by an hourly rate:

(a) a first aid worker referred to in Appendix 3;

(b) a water truck operator referred to in Appendix 3;

(c) a camp catering worker referred to in Appendix 3.

(2) If the employer schedules an employee referred to in subsection (1) (a) or (b) for a 24 hour shift, section 36 (2) of the Act [hours free from work between shifts] does not apply but the employer must include in the shift a rest period of 12 or more consecutive hours.

(3) If the employer schedules an employee referred to in subsection (1) (c) to remain on site on a 24 hour basis, section 36 (2) of the Act [hours free from work between shifts] does not apply but the employer must include in each 24 hour period

(a) a rest period of 8 or more consecutive hours, and

(b) a total of at least 12 hours of rest.

(4) Section 1 (2) of the Act [employee deemed to be at work while on call] does not apply to a rest period or rest referred to in subsection (2) or (3) of this section.

(5) For each interruption of a rest period or rest referred to in subsection (2) or (3), the employer must pay the employee wages for the greater of the following:

(a) 2 hours;

(b) the hours actually worked during the interruption.

(6) The rate of pay for the hours referred to in subsection (5) is as follows:

(a) 1 1/2 times the employee's regular wage if the total hours worked or earned that day are 12 hours or fewer;

(b) double the employee's regular wage if the total hours worked or earned that day are more than 12 hours.

[en. B.C. Reg. 29/2005, s. 1.]
Oil and gas field workers who are paid other than by an hourly rate

37.6 Sections 37.61 to 37.65 apply in respect of employees who

(a) work for an employer in the oil and gas well drilling and servicing industry,

(b) are primarily engaged in

(i) any of the following on site activities:

(A) drilling, evaluating, stimulating, completing, re-completing, enhancing production or optimizing services of an oil or gas well;

(B) performing remedial treatment of an oil or gas well;

(C) providing safety services or other services unrelated to the administration of the employer's business, for an oil or gas well, and

(ii) transporting oilfield equipment, or

(iii) oil or gas well site preparation,

(c) have a compensation system other than an hourly rate, and

(d) are not working under an averaging agreement under section 37 of the Act.

[en. B.C. Reg. 29/2005, s. 1.]
Oil and gas field workers under section 37.6 — exclusion from section 36 (1) of the Act

37.61 Section 36 (1) of the Act [hours free from work] does not apply in respect of employees referred to in section 37.6 of this regulation.

[en. B.C. Reg. 29/2005, s. 1.]
Oil and gas field workers under section 37.6 — "regular salary"

37.62 (1) The term regular wage, wherever it is used in the Act, does not apply in respect of employees referred to in section 37.6 of this regulation but, to establish other conditions of employment for those employees, the following term is substituted in its place:
"regular salary" means

(a) if the employee is paid a monthly salary, the monthly salary multiplied by 12 and divided by 2 080,

(b) if the employee is paid a yearly salary, the yearly salary divided by 2 080, and

(c) if the employee is paid a weekly salary, the weekly salary divided by 40.

(2) In sections 37.64 and 37.65, regular salary has the same meaning as in subsection (1) of this section except that the term salary, as it is used in that definition, does not include any bonus, allowance or remuneration to which the employee is otherwise entitled under the compensation system, if the bonus, allowance or remuneration is based on geographic location of the employee's residence.

[en. B.C. Reg. 29/2005, s. 1.]
Oil and gas field workers under section 37.6 — paydays and bonus pay

37.63 (1) Section 17 of the Act [paydays] does not apply in respect of employees referred to in section 37.6 of this regulation but the conditions of employment respecting payment of wages established in this section apply instead.

(2) At least semimonthly and within 8 days after the end of the pay period, an employer must pay to an employee referred to in section 37.6 all wages earned by the employee in a pay period.

(3) Subsection (2) does not apply to

(a) overtime wages credited to an employee's time bank,

(b) vacation pay, or

(c) any bonus to which the employee is entitled under the compensation system for that period of employment.

(4) The employer must pay to the employee the bonus referred to in subsection (3) (c) within the next 3 pay periods that follow the pay period in which the bonus was earned.

[en. B.C. Reg. 29/2005, s. 1.]
Oil and gas field workers under section 37.6 — overtime wages

37.64 (1) Section 40 of the Act [overtime wages] does not apply in respect of employees referred to in section 37.6 of this regulation but the conditions of employment respecting entitlement to overtime wages established in this section apply instead.

(2) Subject to subsection (5), if an employee referred to in section 37.6 works over 8 hours a day, the employer must pay the employee as follows:

(a) 1 1/2 times the amount of the employee's regular salary for the time over 8 hours;

(b) double the employee's regular salary for any time over 12 hours.

(3) Subject to subsection (5), if an employee referred to in section 37.6 works over 40 hours a week, the employer must pay the employee 1 1/2 times the employee's regular salary for the time over 40 hours.

(4) For purposes of calculating weekly overtime under subsection (3), only the first 8 hours worked by the employee in each day are counted, no matter how long the employee works on any day of the week.

(5) If during the pay period in respect of which subsection (2) or (3) applies the employee is entitled under the compensation system to a bonus, allowance or remuneration, other than a bonus, allowance or remuneration that is based on geographic location of the employee's residence, then the employer must pay the employee the greater of the following:

(a) the sum of that bonus, allowance or remuneration and the employee's regular salary for that pay period;

(b) the wages to which the employee is entitled for that pay period including the overtime wages under subsections (2) to (4).

(6) For purposes of references in the Act, or in section 37.63 (3) of this regulation, to section 40 of the Act [overtime wages] or to "overtime wages", those references are to be read as references to the employee's entitlement to overtime wages as established by this section.

[en. B.C. Reg. 29/2005, s. 1.]
Oil and gas field vacuum workers under section 37.6 — rest periods and pay for interruption in rest periods

37.65 (1) This section applies to an employee referred to in section 37.6 who is primarily engaged in vacuuming waste from an oil or gas well.

(2) If the employer schedules an employee referred to in subsection (1) for a 24 hour shift, section 36 (2) of the Act [hours free from work between shifts] does not apply but the employer must include in the shift a rest period of 12 or more consecutive hours.

(3) Section 1 (2) of the Act [employee deemed to be at work while on call] does not apply to a rest period referred to in subsection (2) of this section.

(4) For each interruption of a rest period referred to in subsection (2), the employer must pay the employee wages for the greater of the following:

(a) 2 hours;

(b) the hours actually worked during the interruption.

(5) Subject to subsection (6), the rate of pay for the hours referred to in subsection (4) is as follows:

(a) 1 1/2 times the employee's regular salary, if the total hours worked or earned that day are 12 hours or fewer;

(b) double the employee's regular salary, if the total hours worked or earned that day are more than 12 hours.

(6) If during the pay period in respect of which subsection (5) applies the employee is entitled under the compensation system to a bonus, allowance or remuneration, other than a bonus, allowance or remuneration that is based on geographic location of the employee's residence, then the employer must pay the employee the greater of the following:

(a) the sum of that bonus, allowance or remuneration and the employee's regular salary for that pay period;

(b) the wages to which the employee is entitled for that pay period including the wages under subsection (5).

[en. B.C. Reg. 29/2005, s. 1.]
Loggers working in Interior

37.7 (1) Sections 33, 35, 36 (1), 40 and 42 (2) of the Act do not apply to loggers working in the interior area as defined in section 1 (1) of B.C. Reg. 22/96, the Timber Harvesting Contract and Subcontract Regulation.

(2) An employer of a logger working in the interior area must pay

(a) 1 1/2 times the employee's regular wage for the time worked over 8 hours in a day, and

(b) 1 1/2 times the employee's regular wage for the time worked over 40 hours in a week.

(3) For the purpose of calculating overtime under subsection (2) (b), only the first 8 hours worked by an employee in each day are counted, no matter how long the employee works on any day of the week.

(4) Repealed. [B.C. Reg. 307/2002, s. 20 (b).]

(5) If an employer has scheduled at least 1 hour overtime per employee on each of the previous 5 days in that week,

(a) if the majority of employees agree in writing, up to 8 hours may be worked at regular wage on the 6th day of work but an employer must pay 1 1/2 times the regular rate for all hours worked on the 7th day,

(b) if the majority of employees do not agree in writing, the overtime provisions in subsection (2) apply, and

(c) a majority of employees may cancel an agreement under paragraph (a) by notifying the employer in writing.

(6) An employer of a logger working in Fort St. John and Fort Nelson Forest Districts under the Prince George Forest Region as established in the Forest Regions Regulation, B.C. Reg. 19/2000, must pay

(a) if the logger works a maximum of 100 consecutive working days within the period November 1 to March 31, inclusive, 1 1/2 times the employee's regular wage for the time worked over 8 hours in a day, and

(b) in any other case, as set out in subsection (2).

(6.1) A log harvesting worker's time bank, as set out in section 42 (1) of the Act, must be credited at the rates required under subsections (2), (5) (a) and (6) (a).

(7) The definition of "temporary layoff" in section 1 of the Act does not apply to loggers working in the interior area who are recalled to work if the temporary layoff is the result of a normal seasonal reduction in activity.

[en. B.C. Reg. 245/98, s. 1; am. B.C. Regs. 165/2000; 307/2002, s. 20.]
Exclusions — high technology companies

37.8 (1) In this section:

"high technology company" means a company where more than 50 percent of employees meet the definition of a high technology professional, are managers of persons meeting the definition of a high technology professional or are employed in an executive capacity;

"high technology professional" means any of the following:

(a) an employee who is primarily engaged in applying his or her specialized knowledge and professional judgment to investigate, analyze, design, develop or engineer an information system that is based on computer and related technologies, or a prototype of such a system, but does not include a person employed to provide basic operational technical support;

(b) an employee who is primarily engaged in applying his or her specialized knowledge and professional judgment to investigate, analyze, design, develop, engineer, integrate or implement a scientific or technological product, material, device or process, or a prototype of such a product, material, device or process, but does not include a person employed to provide basic operational technical support;

(c) an employee who is primarily engaged in applying his or her specialized knowledge and professional judgment to carry out scientific research and experimental development as defined in section 248 (1) of the Income Tax Act (Canada);

(d) an employee who is engaged as a sales or marketing professional in relation to

(i) a service or system described in paragraph (a),

(ii) a product, material, device or process described in paragraph (b), or

(iii) scientific research or experimental development described in paragraph (c), but does not include a person employed in the retail sale of any of these things.

(2) The following provisions do not apply to high technology professionals:

(a) Part 4, other than section 39, of the Act;

(b) Part 5 of the Act.

(3) An employee of a high technology company who is not a high technology professional may enter into an averaging agreement with his or her employer under section 37 of the Act if the employer and employee also agree in writing that the scheduling requirement under section 37 (2) (a) (iv) of the Act does not apply.

(4) If an employee and an employer enter into the averaging agreement referred to in subsection (3) of this section,

(a) section 37 (2) (b), (3), (6), (10) and (12) of the Act do not apply to that averaging agreement, and

(b) section 37 (2) (a) (i) to (iii), (v) and (vi), (2) (c), (4), (5), (7) to (9), (11), (13) and (14) of the Act are deemed to be incorporated into the averaging agreement as terms of the agreement.

[en. B.C. Reg. 28/99, s. 1; am. B.C. Regs. 177/99; 307/2002, s. 21; 195/2003, s. 4; 375/2003.]
Silviculture workers

37.9 (1) Sections 33, 35, 36 (1), 37, 40 and 42 (2) of the Act do not apply to a silviculture worker.

(2) An employer of a silviculture worker must

(a) implement a shift schedule that consists of

(i) no more than 5 consecutive days of work followed by a day off, and

(ii) within each month at least 2 consecutive days off or at least 8 non-consecutive days off, or

(b) an employer may implement an alternative shift schedule that consists of up to 9 consecutive days of work followed by at least 2 consecutive days off, or no more than 10 consecutive days of work followed by a minimum of 4 consecutive days off as long as

(i) the work is being done at a remote camp to which there is no ready access,

(ii) written approval has been received from the majority of the affected employees, and

(iii) employees receive at least 8 days off in a month.

(3) A silviculture worker paid on a piece rate basis must receive at least

(a) the equivalent of minimum wage for the first eight hours worked,

(b) the equivalent of minimum wage times 1 1/2 or the applicable piece rate, whichever is greater, for any time worked over 8 hours, and

(c) double the piece rate for all time worked over 12 hours in a day.

(4) A silviculture worker paid a regular wage must receive at least

(a) 1 1/2 times the employee's regular wage for the time over 8 hours, and

(b) double the employee's regular wage for any time over 12 hours.

(5) A silviculture worker working a shift schedule set out in subsection (2) of this section must receive at least

(a) if subsection (2) (a) of this section applies, 1 1/2 times the piece rate or regular wage for any time worked beyond the schedule set out in (2) (a), or

(b) if subsection (2) (b) of this section applies, 1 1/2 times the piece rate or regular wage for any time worked beyond the schedule set out in (2) (b).

(6) A silviculture worker's time bank, as set out in section 42 (1) of the Act, must be credited at the rates required under subsection (3), (4) or (5) of this section.

(7) If the employee agrees in writing, the employer may charge a silviculture worker a fee for lodging provided by the employer, but may not charge more than

(a) $25 per day for camp costs, or

(b) if the worker is lodged in a motel, the actual cost for that individual to stay at the motel.

(8) Part 5 of the Act, except section 48, does not apply to a silviculture worker on condition that the employer pays that silviculture worker, in place of statutory holiday pay,

(a) 3.6% of gross earnings for the pay period on each pay cheque, or

(b) if the silviculture worker is being paid on a piece rate basis, a sum calculated by multiplying the applicable piece rate by 1.036.

(c) Repealed. [B.C. Reg. 307/2002, s. 22 (g).]

(9) Section 58 of the Act does not apply to a silviculture worker on condition that the employer pays that silviculture worker in place of vacation pay

(a) an amount for each day that is

(i) equal to 4% of gross earnings for the pay period on each pay cheque, or

(ii) if the silviculture worker is being paid on a piece rate basis, calculated by multiplying the applicable piece rate by 1.04,

and

(b) after 5 consecutive years of employment, an amount for each day that is

(i) equal to 6% of gross earnings for the pay period on each pay cheque, or

(ii) if the silviculture worker is being paid on a piece rate basis, calculated by multiplying the applicable piece rate by 1.06.

[en. B.C. Reg. 130/2000, s. 3; am. B.C. Regs. 74/2001, s. 1; 307/2002, s. 22.]
Construction workers

37.10 (1) Sections 63 and 64 of the Act do not apply to an employee employed at construction sites by an employer whose principal business is construction.

(2) This section is repealed on December 31, 2002.

[en. B.C. Reg. 70/2002.]
Municipal police recruits

37.11 Section 21 (2) of the Act does not apply to tuition charged to a municipal constable as defined in section 1 of the Police Act for enrollment in Block I, II or III of the "peace officer basic training program" as defined in section 1 of B.C. Reg. 109/81.

[en. B.C. Reg. 108/2002.]
Aquaculture — fin fish workers

37.12 (1) Sections 35, 36 (1) and 40 of the Act do not apply to an employee at a fin fish farm site who has worked or earned an average of at least 35 hours per week in a one to 8 week period which is specified by the employer before the work begins.

(2) If an employer requires an employee to work at a fin fish farm site on a 24-hour live-in basis, the employer must include in each 24-hour period

(a) a rest period of 8 or more consecutive hours, and

(b) a total of at least 12 hours of rest.

(3) Section 1 (2) of the Act does not apply to a rest period or rest referred to in subsection (2).

(4) For each interruption of a rest period or rest referred to in subsection (2), the employer must pay the employee for the greater of

(a) 2 hours, or

(b) the hours actually worked during the interruption.

(5) The rate of pay for the hours referred to in subsection (4) is as follows:

(a) 1 1/2 times the employee's regular wage if the total hours worked or earned that day is 12 hours or fewer;

(b) double the employee's regular wage if the total hours worked or earned that day is more than 12 hours.

(6) Sections 33, 35, 36 (1) and 40 of the Act do not apply to an employee who is required to work at a fin fish farm site on a 24-hour live-in basis.

(7) An employer who requires an employee to work on a fin fish farm site on a 24-hour live-in basis must pay the employee, at 1 1/2 times the regular rate, for all hours worked in excess of an average of 40 hours per week in a one to 8 week period which is specified by the employer before the work begins.

[en. B.C. Reg. 307/2002, s. 23; am. B.C. Reg. 195/2003, s. 5.]
Mining

37.13 (1) In this section, mining employer means the employer of an employee who works for a surface mining operation regulated under the provisions of the Mines Act.

(2) A mining employer may institute a work schedule which provides for a regular schedule of hours of 12 per day and a shift cycle of 4 days at work and 4 days off work, which cycle repeats over a period of 8 consecutive weeks.

(3) The shift schedule referred to in subsection (2) may begin on any day of the week, but the shift cycle of 4 days on and 4 days off must remain constant over the 8 week period.

(4) A mining employer who institutes a work schedule under subsection (2) must pay overtime as follows:

(a) daily overtime at the rate of double the regular wage must be paid for all hours worked in excess of 12 hours in a day;

(b) weekly overtime at the rate of 1 1/2 times the regular wage must be paid for all hours worked in excess of 40 hours per week averaged over the 8 week period.

(5) For the purpose of calculating weekly overtime under subsection (4) (b), only the first 12 hours worked by an employee in each day are counted.

(6) Daily overtime under subsection (4) (a) must be paid in the pay period for which the overtime is worked.

(7) Sections 35, 37 and 40 of the Act do not apply to a mining employer in respect of employees who are covered by the work schedule set out in this section.

[en. B.C. Reg. 307/2002, s. 23.]
Commission sales

37.14 (1) A salesperson paid entirely or partly by commission is excluded from sections 35 and 40 and Part 5 of the Act on the condition that all wages earned by the employee in a pay period exceed the wages that would be payable under those provisions when calculated at the greater of the employee's base rate or the minimum wage under the Act.

(2) Section 16, Part 4 except section 39, and Part 5 of the Act do not apply to a salesperson who is paid entirely or partly by commission and who is employed to sell, or sell a lease arrangement for, any of the following products:

(a) Repealed. [B.C. Reg. 118/2003.]

(b) heavy industrial or agricultural equipment;

(c) Repealed. [B.C. Reg. 118/2003.]

(d) sailing or motor vessels.

(3) Part 4 of the Act, except section 39, does not apply to a salesperson who is paid entirely or partly by commission and who is employed to sell, or sell a lease arrangement for, automobiles, trucks, recreation vehicles or campers.

(4) Part 5 of the Act does not apply to a salesperson who is paid entirely or partly by commission and who is employed to sell, or sell a lease arrangement for,

(a) automobiles or trucks, on condition that the employer pays that salesperson, in place of statutory holiday pay, 3.6% of gross earnings for the pay period on each pay cheque, or

(b) recreation vehicles or campers.

(5) For the purpose of section 16 of the Act, a salesperson who is paid entirely or partly by commission and who is employed to sell, or sell a lease arrangement for, automobiles, trucks, recreation vehicles or campers must be paid each month according to the following requirements:

(a) despite the amount earned in commission or other wages, the first payment referred to in section 17 (1) of the Act must be equal to at least the minimum wage for all hours worked, at the request of the employer, in the pay period;

(b) the final payment referred to in section 17 (1) of the Act must be equal to the greater of

(i) all wages earned in the month, or

(ii) the minimum wage for all hours worked, at the request of the employer, in the month to a maximum of 160 hours, minus the amount paid under paragraph (a).

[en. B.C. Reg. 307/2002, s. 23; am. B.C. Reg. 118/2003.]
Foster care

37.15 The Act does not apply to

(a) a person providing foster care in their place of residence to children or adults if the foster care situation meets

(i) criteria established by the provincial government to receive or deliver foster care services, or

(ii) criteria established by a health authority, or any other designated authority, to receive or deliver foster care services if the provincial government has delegated its authority to that body to establish criteria, or

(b) a person providing relief to a person referred to in paragraph (a).

[en. B.C. Reg. 307/2002, s. 23.]
Licensing of talent agencies

38 (1) Sections 10 and 11 of the Act do not apply to talent agencies that are licensed.

(2) An application for a licence to operate a talent agency must be made to the director, in the form required by the director, and must be accompanied by

(a) a licence application fee of $100,

(b) a copy of the talent agency's standard contract, and

(c) a bond that accords with the Bonding Act, and that is equal to the average monthly wages that an actor, performer or extra earning between $1 and $100 000 would receive based on the BC Film Commission's statistics from the previous year.

(3) The director may issue a licence to operate a talent agency only if the applicant has complied with subsection (2).

(4) The director may refuse to issue a licence to an applicant that has previously had its licence canceled or that is involved in activities outlined in subsection (5) (d).

(5) The director may suspend or cancel a talent agency's licence if the talent agency

(a) makes a false or misleading statement in its application for a licence,

(b) contravenes the Act or this regulation,

(c) does not display the agency's licence number on all public advertising, or

(d) is or has been involved in any activity that the director determines to be illegal, dishonest, fraudulent or deliberately misleading, and that is related to the operation of the talent agency.

[en. B.C. Reg. 296/99, s. 3.]
Compliance requirements — talent agencies

38.1 (1) A talent agency must comply with all of the following:

(a) all fees paid to the talent agency by an actor, performer, extra or technical creative film person who is employed as a consequence of the efforts of the talent agency, are not more than 15 percent of the wages owing to the actor, performer, extra or technical creative film person from his or her employment;

(b) the gross income of an actor, performer, extra or technical creative film person employed as a consequence of the efforts of the talent agency, less the fees described in paragraph (a), is not less than the corresponding gross income that the actor, performer, extra or technical creative film person would receive for the employment if paid the applicable minimum wage;

(c) the talent agency must not charge an actor, performer, extra or technical creative film person a fee for taking and providing photographs of the actor, performer, extra or technical creative film person, unless the fee

(i) does not exceed $25 a year, and

(ii) is only deducted from payment of wages received by the actor, performer, extra or technical creative film person;

(d) no fees, other than the fees described in paragraphs (a) and (c), are charged by the talent agency;

(e) if the wages of an actor, performer, extra or technical creative film person employed as a consequence of the efforts of the talent agency, less the fee described in paragraphs (a) and (c), are received by the talent agency, they must be paid to the actor, performer, extra or technical creative film person within

(i) 5 business days of receipt if payment is made from within British Columbia, or

(ii) 12 business days of receipt if payment is made from outside British Columbia;

(f) if a talent agency cannot locate an actor, performer, extra or technical creative film person to pay the wages received by the talent agency, they must be forwarded to the director within 60 days after receipt by the talent agency;

(g) a talent agency must not make a payment, directly or indirectly, to a person for obtaining or assisting in obtaining employment for someone other than by paying for any form of advertisement placed by the talent agency;

(h) a talent agency must display its licence number on any contract or written agreement made with an actor, performer, extra or technical creative film person;

(i) records must be kept to indicate for each actor, performer, extra or technical creative film person employed as a consequence of the efforts of the talent agency,

(i) the amount of money received by the talent agency for the employment,

(ii) the amount the talent agency is claiming as its fee, and

(iii) the amount paid to the actor, performer, extra or technical creative film person;

(j) records must be kept of

(i) the name and address of each employer for whom the talent agency provides a service, and

(ii) the name and address of each client employed as an actor, performer, extra or technical creative film person as a consequence of the efforts of the talent agency, or who is provided with information about employers seeking actors, performers, extras or technical creative film persons;

(k) the records referred to in paragraphs (i) and (j) must be

(i) in the English language,

(ii) kept at the talent agency's principal place of business in British Columbia, and

(iii) retained by the talent agency for not less than 2 years.

(2) The director must give a talent agency a receipt for any wages received from the talent agency under subsection (1) (f).

[en. B.C. Reg. 296/99, s. 3; am. B.C. Reg. 307/2002, s. 24.]
Exclusions from farm labour contractor licensing requirements

39 Section 13 of the Act does not apply to a person whose employees work, for or under the control or direction of another person, in connection solely with

(a) silviculture, or

(b) spraying or pruning fruit trees.

Exclusions from payday requirements

40 Section 17 of the Act does not apply to any of the following:

(a) a teacher;

(b) a person employed as a noon-hour supervisor, teacher's aide or supervision aide by

(i) a board as defined in the School Act, or

(ii) an authority as defined in the Independent School Act;

(c) an instructor, counsellor, librarian or administrator who is employed by

(i) an institution as defined in the College and Institute Act, or

(ii) the British Columbia Institute of Technology;

(d) a senior tutor, or tutor, employed by the Open Learning Agency;

(e) a teaching staff member as defined in the Technical University of British Columbia Act.

[am. B.C. Reg. 26/98, s. 2.]
Exclusions from payday requirements for certain farm workers

40.1 Farm workers who hand harvest fruit, vegetable, flower or berry crops are excluded from subsection 17 (1) of the Act on the condition that the employer must pay to the farm workers within 8 days after the end of each pay period

(a) at least 80% of wages earned in the first pay period in the month, and

(b) monthly, all wages earned in the month, less wages previously paid under paragraph (a).

[en. B.C. Reg. 113/99, s. 8.]
Exclusion from payment options for farm labour contractors

40.2 (1) In respect of the payment of wages to farm workers, farm labour contractors are excluded from section 20 of the Act.

(2) A farm labour contractor must pay all wages to farm workers employed by the farm labour contractor

(a) in Canadian dollars, and

(b) by deposit to the credit of the farm worker's account in a savings institution.

[en. B.C. Reg. 257/2004.]
Repealed

41 Repealed. [B.C. Reg. 307/2002, s. 25.]
Exclusions from hours-of-work requirements

42 (1) Section 33 of the Act does not apply to a person who is employed

(a) to explore for oil or gas,

(b) in drilling, completing, recompleting or remedially treating an oil or gas well, or

(c) in supplying supplementary operations or services with the activities in paragraph (a) or (b).

(2) Section 33 of the Act does not apply to a person employed on a 12 hour live-aboard basis on a vessel operated by the British Columbia Ferry Corporation.

[am. B.C. Reg. 307/2002, s. 26.]
Exclusions from minimum hours requirements

43 Section 34 of the Act does not apply to a post-secondary student who is enrolled in one of the following bodies and is employed by that body:

(a) a university;

(b) a vocational school;

(c) an institution as defined in the College and Institute Act;

(d) the British Columbia Institute of Technology.
Exclusions from overtime pay requirements

44 Section 40 of the Act does not apply to any of the following:

(a) a bus operator

(i) while waiting during the course of a charter trip or excursion,

(ii) for lay-over time, or

(iii) for any time that the bus operator is not operating a bus, if the cause is completely beyond the employer's control;

(b) a truck driver or a truck driver's swamper or helper who, at a location more than 160 km from home, is employed on a truck that

(i) has a mechanical breakdown, unless

(A) the breakdown resulted from the employer's negligence, or

(B) the truck driver, swamper or helper was actively engaged in repairing the truck, or

(ii) is immobilized due to weather conditions, road blockage, an accident or any other cause completely beyond the employer's control;

(c) a miner employed underground for time spent underground after the miner's regular shift, if the cause is completely beyond the employer's control;

(d) a first aid attendant for any time spent accompanying a person being transported to a medical practitioner, hospital or other destination in the course of the attendant's first aid duties and while returning from the destination to the attendant's normal place of employment.

[am. B.C. Reg. 307/2002, s. 27.]
Exclusion from liability provisions

45 Section 96 of the Act does not apply to a director or officer of a charity who receives reasonable out-of-pocket expenses but no other remuneration for services performed for the charity.

In British Columbia the Employment Standards Act, which sets out minimum standards only, is overseen by a branch of the Ministry of Labour and Citizens Services.

• The B.C. legislation defines an employee as “a person, including a deceased person, receiving or entitled to wages for work performed for another, a person an employer allows, directly or indirectly, to perform work normally performed by an employee, a person being trained by an employer for the employer’s business and a person who has a right of recall." It does not include independent contractors.

• For the most part, the act does not distinguish between part-time, full-time, temporary or permanent employees.

• Occupations such as doctors, lawyers, architects, dentists, insurance agents, chartered accountants and realtors are not subject to the Employment Standards Act.

• As a worker, you are not permitted to waive any requirement of the Employment Standards Act.

• If you believe your rights are not being respected, you must first make an attempt to resolve the matter with your employer. A Self-Help Kit that guides you through this process is available from an Employment Standards office or on the internet. A special tribunal was established in 1995 to enforce the Employment Standards Act.

Federal

Read Regulations

Canada (Federal) - Regulations and Exemptions

Canada Labour Standards Regulations
C.R.C., c. 986

CANADA LABOUR CODE

Canada Labour Standards Regulations

Regulations Respecting Hours of Work, Wages, Annual Vacations, General
SHORT TITLE
1. These Regulations may be cited as the Canada Labour Standards
INTERPRETATION
2. (1) In these Regulations, “Act” means Part III of the Canada Labour Code; (Loi). “Director” [Repealed, SOR/94-668, s. 2]. “post” means, in respect of a document, to post in readily accessible
(2) Where, under these Regulations, any notice, application or other
SOR/91-461, s. 2; SOR/94-668, s. 2.
EXCLUSION OF PROFESSIONS
3. Division I of the Act does not apply to members of the
SOR/78-560, s. 1; SOR/91-461, s. 3(F).
MODIFIED WORK SCHEDULE
4. A notice that is required by subsection 170(3) or 172(3) of the Act
SOR/78-560, s. 2; SOR/91-461, s. 4; SOR/94-668, s. 3.
5. (1) Where, in accordance with subsection 170(1) or 172(1) of the (2) Where, in accordance with subsection 170(2) or 172(2) of the Act,
SOR/91-461, s. 5; SOR/94-668, s. 3.
AVERAGING
6. (1) Where the nature of the work in an industrial establishment (a) have no regularly scheduled daily or weekly hours of work, (b) have regularly scheduled hours of work that vary in number from the hours of work of each of those employees in a day and in a week
(2) The averaging period referred to in subsection (1) may be changed
(3) Before averaging hours of work under subsection (1) or changing (a) post a notice of intention to average hours of work or change the (b) provide a copy of the notice to the regional director and every
(4) Where averaging of hours of work is in effect, the employer shall
(5) Where the parties to a collective agreement have agreed in writing
(6) Where the hours of work of employees are calculated as an average (a) the standard hours of work of an employee shall be 40 times the (b) the maximum hours of work of an employee shall not exceed 48 times (c) the overtime rate established pursuant to section 174 of the Act
(7) Subject to subsection (8), the standard hours of work and the (a) of bereavement leave with pay;
(b) of annual vacation with pay;
(c) of leave of absence with pay under subsection 205(2) of (d) of general or other holiday with pay; or
(e) that is normally a working day in respect of which the employee is
(8) The standard hours of work and the maximum hours of work (a) of annual vacation with pay;
(b) of leave of absence with pay under subsection 205(2) of the Act; (c) that is normally a working week in respect of which the employee
(9) The standard hours of work and the maximum hours of work
(10) Where an employee whose hours of work are averaged pursuant to
(11) Where, during the averaging period, an employer lays off or
(12) An employer who has adopted an averaging period under subsection (a) posted a notice of the change; and
(b) provided a copy of the notice to the regional director and every
(13) Where, before the end of an averaging period, an employer alters
SOR/91-461, s. 6; SOR/94-668, s. 3; SOR/2002-113, s. 1(F).
7. Notwithstanding the requirements of these Regulations, section 174 (a) requires or permits an employee to work in excess of standard (b) permits an employee to exercise seniority rights to work in excess (c) permits an employee to work in excess of standard hours as the
SOR/91-461, s. 7.
WEEKLY REST
8. (1) Where hours to be worked in excess of maximum hours of work (2) Where hours to be worked in excess of maximum hours of work
SOR/91-461, s. 8; SOR/94-668, s. 4.
9. During an averaging period, hours of work may be scheduled and
SOR/91-461, s. 8.
EMPLOYEES UNDER 17 YEARS OF AGE
[SOR/91-461, s. 9]
10. (1) An employer may employ a person under the age of 17 years in (a) he is not required, under the law of the province in which he is (b) the work in which he is to be employed
(i) is not carried on underground in a mine,
(ii) would not cause him to be employed in or enter a place that he is (iii) is not work as a nuclear energy worker as defined in the Nuclear (iv) is not work under the Canada Shipping Act that he is prohibited (v) is not likely to be injurious to his health or to endanger his (2) An employer may not cause or permit an employee under the age of
SOR/80-687, s. 1; SOR/81-284, s. 1; SOR/86-477, s. 1; SOR/91-461, s. (3) [Repealed, SOR/99-337, s. 1]
(4) [Repealed, SOR/91-461, s. 10]

APPRENTICESHIP
11. An employer is exempted from the application of section 178 of the
SOR/91-461, s. 11; SOR/2002-113, s. 3.
REPORTING PAY
11.1 An employer shall pay an employee who reports for work at the
SOR/91-461, s. 12.
ANNUAL VACATIONS
12. An employer shall, at least 30 days prior to determining a year of (a) the dates of commencement and expiry of the year of employment; (b) the method of calculating the length of vacation and the vacation
SOR/94-668, s. 5.
13. (1) Where an employer has determined a year of employment under (2) The vacation granted to an employee pursuant to subsection (1) (a) the date employment began, for an employee who became an employee (b) the commencement date of the year of employment previously in (3) Where an employee is entitled to an annual vacation and there is (4) An employer shall pay vacation pay to an employee who is entitled (a) within the 14 days before the beginning of the vacation; or
(b) on the regular pay day during or immediately following the
SOR/94-668, s. 5; SOR/2002-113, s. 4(E).
14. (1) An employee may, by written agreement with the employer, (2) Where an employee waives an annual vacation in accordance with
SOR/91-461, s. 13; SOR/94-668, s. 5.
GENERAL HOLIDAYS
15. (1) A notice of substitution of a general holiday required to be (a) the name of the employer;
(b) an identification of the affected employees;
(c) the address or location of the workplace;
(d) the dates of the general holiday and the substituted holiday;
(f) the date of posting; and
(g) a statement that at least 70 per cent of the affected employees (2) The notice referred to in subsection (1) shall remain posted for
SOR/91-461, s. 14; SOR/94-668, s. 5.
16. Where, in accordance with subsection 195(1) of the Act, any other
SOR/94-668, s. 5.
REGULAR RATE OF WAGES FOR PURPOSES OF GENERAL HOLIDAYS AND BEREAVEMENT 17. For the purposes of subsections 196(2) and (3) and 210(2) of the (a) the average of the employee’s daily earnings exclusive of overtime (b) an amount calculated by a method agreed on under or pursuant to a
SOR/79-309, s. 1; SOR/91-461, s. 15.
18. For the purposes of section 197 and paragraph 198(a) of the Act, (a) the average of his daily earnings exclusive of overtime for the 20 (b) an amount calculated by a method agreed upon under or pursuant to
SOR/79-309, s. 2; SOR/91-461, s. 16.
MULTI-EMPLOYER EMPLOYMENT
[SOR/91-461, s. 17]
19. (1) In this section, “basic rate of wages” means “employer” means the employer of an employee; “longshoring employment” means employment in the “multi-employer employment” means longshoring “multi-employer unit” means an association of
(2) When an employee of an employer who is a member of a
(3) Where an employee is employed by an employer who is not a member
(4) In addition to any amounts that an employee is entitled to under
(5) The Minister may by order designate an association of employers as (a) the association has set up and administers a central pay office to (b) the Minister is satisfied that the central pay office so set up by
(6) For the purposes of section 206, subsections 210(2), 230(1) and
SOR/78-560, s. 3; SOR/81-473, s. 1; SOR/91-461, s. 18; SOR/2002-113, DETERMINATION OF HOURLY RATE OF WAGES
20. (1) Subject to subsections (2) and (3), for the purposes of
(2) The regular hourly rate of wages for the purposes of sections 174,
(3) For the purposes of subsection (1),
(a) the wages paid for work performed do not include vacation pay, (b) the number of hours required to perform the work does not include
SOR/79-309, s. 3; SOR/91-461, s. 19.
BOARD, LIVING QUARTERS AND OTHER REMUNERATION
(b) for living quarters, $0.60 per day.

SOR/91-461, s. 19; SOR/94-668, s. 6.
22. For the purposes of calculating and determining wages, the
PAYMENT OF WAGES, VACATION OR HOLIDAY PAY OR OTHER REMUNERATION WHEN 23. (1) Where an employer is required to pay wages to an employee or (1.1) Prior to paying the wages to the Minister under subsection (1),
(2) The Minister shall deposit any amounts received under subsection
(3) The Minister shall keep a record of receipts and disbursements
SOR/91-461, s. 20.
KEEPING OF RECORDS
24. (1) Every employer shall make and keep a record in respect of each
(2) Every employer shall keep, for at least three years after work is (a) the full name, address, Social Insurance Number, occupational (b) the rate of wages, clearly indicating whether it is on an hourly, (c) where the rate of wages is on a basis other than time or on a (d) the hours worked each day, except where the employee is
(i) excluded from the application of Division I of the Act by or under (ii) exempt from the application of sections 169 and 171 of the Act (e) the actual earnings, indicating the amounts paid each pay day, (f) the payments made each pay day after deductions, with clear (g) the dates of commencement and termination of annual vacations, and (g.1) any written agreement between the employer and the employee to (g.2) where the employer determines a year of employment pursuant to (h) the dates of commencement and termination of any leave granted to (h.1) the dates of commencement and termination of any job (i) any general holiday or other holiday with pay granted to the (j) where hours of work are averaged pursuant to section 6, any notice (k) the employer’s pay periods;
(l) a copy of any medical certificate provided in respect of sick (m) the dates of any bereavement leave granted to an employee pursuant (n) any notice of a work schedule that is required to be posted by (o) with respect to leave granted under Division XV.2 of the Act to an (i) the dates of commencement and termination of the leave and a copy (ii) a copy of any medical certificate submitted by the employee in (iii) a copy of any document provided under section 247.7 of the Act, (iv) a copy of any notice issued under subsection 247.8(1) or
(3) Any method of reporting absences from employment or overtime hours
(4) Every employer shall keep for a period of at least three years (a) detailed reasons for an employee’s absence due to work-related (b) a copy of any certificate of a qualified medical practitioner (c) the date the employee returned to work, or a copy of any
(5) An employer shall preserve the confidentiality of any certificate
SOR/78-560, s. 4; SOR/91-461, s. 21; SOR/94-668, s. 7; SOR/2009-194, NOTICES TO BE POSTED
25. (1) Where a permit is granted by the Minister under section 176 of
(2) Every employer shall post notices containing the information set
(3) Every employer shall post copies of the policy statement referred
SOR/91-461, s. 22; SOR/94-668, s. 8.
NOTICE OF GROUP TERMINATION
[SOR/91-461, s. 23]
26. A notice of termination given pursuant to subsection 212(1) of the (a) the name of the employer;
(b) the location at which the termination is to take place;
(c) the nature of the industry of the employer;
(d) the name of any trade union certified to represent any employee in (e) the reason for the termination of employment.

SOR/91-461, s. 24.
INDUSTRIAL ESTABLISHMENT FOR GROUP TERMINATION
27. For the purposes of Division IX of the Act, the following are (a) all branches, sections and other divisions of federal works, (b) all branches, sections and other divisions listed in Schedule
SOR/79-309, s. 4; SOR/86-628, s. 1; SOR/91-461, s. 26; SOR/2002-113, EXEMPTION FROM GROUP TERMINATION
[SOR/91-461, s. 27(F)]
28. Every employer shall be exempt from the application of Division IX (a) employees employed on a seasonal basis; or
(b) employees employed on an irregular basis under an arrangement
SOR/91-461, s. 28.
CONTINUITY OF EMPLOYMENT (ANNUAL VACATIONS, MATERNITY AND PARENTAL [SOR/94-668, s. 9; SOR/2002-113, s. 7; SOR/2006-231, s. 1]
29. For the purposes of Divisions IV, VII, VIII, X, XI, XIII, XIV and (a) the employee is absent from employment as a result of a lay-off (b) the employer permits or condones the employee’s absence from
SOR/91-461, s. 29; SOR/2009-194, s. 3.
LAY-OFFS THAT ARE NOT TERMINATION FOR THE PURPOSES OF SEVERANCE PAY, [SOR/91-461, s. 30(F)]
30. (1) For the purposes of Divisions IX, X and XI of the Act and (a) the lay-off is a result of a strike or lockout;
(b) the term of the lay-off is 12 months or less and the lay-off is (c) the term of the lay-off is three months or less;
(d) the term of the lay-off is more than three months and (i) notifies the employee in writing at or before the time of the (ii) recalls the employee to his employment in accordance with (e) the term of the lay-off is more than three months and
(i) the employee continues during the term of the lay-off to receive (ii) the employer continues to make payments for the benefit of the (iii) the employee receives supplementary unemployment benefits, (iv) the employee would be entitled to supplementary unemployment (f) the term of the lay-off is more than three months but not more
(2) In determining the term of a lay-off for the purposes of
SOR/82-747, s. 1; SOR/86-628, s. 2(F); SOR/91-461, s. 31; SOR/2006-231, REGULAR HOURS OF WORK (SEVERANCE PAY AND INDIVIDUAL TERMINATION OF [SOR/91-461, s. 32(F)]
31. (1) For the purposes of Division X of the Act, the regular hours
(2) For the purposes of Division XI of the Act, the regular hours of (3) For the purposes of subsections (1) and (2), a complete week is (a) no general holiday occurs;
(b) no annual vacation is taken by the employee; and
(c) the employee was not absent from work for any other reason.
SOR/79-309, s. 5; SOR/91-461, s. 33.
32. (1) For the purposes of Division X of the Act, the regular hours (2) For the purposes of Division XI of the Act, the regular hours of
SOR/79-309, s. 6; SOR/86-628, s. 3(E); SOR/91-461, s. 34; SOR/94-668, IMMEDIATE FAMILY
33. (1) For the purpose of subsection 210(1) of the Act, “immediate (a) the employee’s spouse or common-law partner;
(b) the employee’s father and mother and the spouse or common-law (c) the employee’s children and the children of the (d) the employee’s grandchildren;
(e) the employee’s brothers and sisters;
(f) the grandfather and grandmother of the employee;
(g) the father and mother of the spouse or common-law partner of the (h) any relative of the employee who resides permanently with the
(2) In this section, “common-law partner” means
SOR/78-560, s. 5; SOR/91-461, s. 35; SOR/2001-149, s. 1; SOR/2002-113, WORK-RELATED ILLNESS AND INJURY
34. (1) The employer’s obligation under subsection 239.1(3) of the Act
(2) Where, within nine months after an employee’s return to work in
(3) Where the employer cannot return an employee to work within 21 Holidays, Reassignment, Maternity Leave and Parental Leave, Bereavement Leave, Group and Individual Termination of Employment and Severance Pay, Work-Related Illness and Injury in Federal Works, Undertakings and Businesses
Regulations.
places where the document is likely to be seen by the employees to whom it applies, and to keep the document posted for the period during which it applies. (afficher).
document is required or authorized to be filed with or sent to the regional director, it shall be filed with or sent to the regional director whose office is located at the city nearest to the place where the employee concerned resides.
architectural, dental, engineering, legal or medical professions.
to be posted before a work schedule takes effect shall contain the information set out in Schedule III.
Act, the parties to a collective agreement have agreed in writing to a modified work schedule, the written agreement shall be dated and contain the information set out in Schedule III.
at least 70 per cent of the employees affected by the establishment or modification of a work schedule have approved that work schedule, the employer shall post a notice of the new work schedule containing the information set out in Schedule III.
necessitates that the hours of work of certain employees be irregularly distributed with the result that those employees
or
time to time,
may be calculated as an average over an averaging period of two or more consecutive weeks.
in accordance with these Regulations, but shall not exceed the number of weeks necessary to cover the period in which fluctuations in the hours of work of the employees take place.
the number of weeks in the averaging period, the employer shall, at least 30 days before the date on which the averaging or the change takes effect,
number of weeks in the averaging period, containing the information set out in Schedule IV; and
trade union representing any affected employees who are subject to a collective agreement.
post a notice containing the information set out in Schedule IV.
to average the hours of work of employees or to change the averaging period and the written agreement is dated and contains the information set out in Schedule IV, the employer need not satisfy the requirements of subsections (3) and (4).
pursuant to subsection (1),
number of weeks in the averaging period;
the number of weeks in the averaging period; and
shall be paid for all hours worked in excess of the standard hours of work referred to in paragraph (a), excluding those hours for which a rate at least one and one-half times the regular rate of wages has been paid prior to the end of the averaging period.
maximum hours of work calculated in accordance with subsection (6) shall be reduced by eight hours for every day during the averaging period that, for an employee, is a day
the Act;
not entitled to regular wages.
calculated in accordance with subsection (6) shall not be reduced by more than 40 hours for any week that, for an employee, is a week
or
is not entitled to regular wages.
calculated in accordance with subsection (6) shall be reduced by 40 hours for every period of seven consecutive days, in the averaging period, during which an employee is not entitled to regular wages.
subsection (1) terminates the employee’s employment during the averaging period, the employer shall pay the employee’s regular rate of wages for the actual hours worked during the completed part of the averaging period.
terminates the employment of an employee whose hours of work are averaged pursuant to subsection (1), the employer shall pay the employee at the overtime rate of wages established under section 174 of the Act for any hours worked, but not previously paid, in excess of 40 times the number of weeks in the completed part of the averaging period.
(1) shall not alter the number of weeks in the averaging period or cease to calculate the average hours of work of employees unless the employer has, at least 30 days before making either change,
trade union representing any affected employees who are subject to a collective agreement.
the number of weeks in the averaging period applicable to employees or ceases to calculate the average hours of work of employees, the employer shall pay those employees, at the overtime rate established pursuant to section 174 of the Act, for any hours worked in excess of 40 times the number of weeks in the completed part of the averaging period.
of the Act does not apply in circumstances where there is an established work practice that
hours for the purposes of changing shifts;
of standard hours pursuant to a collective agreement; or
result of his exchanging a shift with another employee.
established by or under section 171 of the Act are agreed to in writing under section 172 of the Act, the work schedule shall include no fewer days of rest than the number of weeks in the work schedule.
established by or under section 171 of the Act are authorized under section 176 of the Act, the Minister may specify in a permit referred to in section 176 of the Act that the hours of work in a week need not be scheduled as required by section 173 of the Act during the period of the permit and, having regard to the conditions of employment in the industrial establishment and the welfare of the employees, may prescribe in the permit alternative days of rest to be observed.
actually worked without regard to section 173 of the Act.
any office or plant, in any transportation, communication, maintenance or repair service, or in any construction work or other employment in a federal work, undertaking or business if
ordinarily resident, to be in attendance at school; and
prohibited from entering under the Explosives Regulations,
Safety and Control Act,
by reason of age from doing, or
safety.
17 years to work between 11 p.m. on one day and 6 a.m. on the following day.
10; SOR/96-167, s. 1; SOR/99-337, s. 1; SOR/2002-113, s. 2.
Act in respect of any of the employer’s employees who are being trained on the job if those employees are apprentices registered under a provincial apprenticeship Act and are being paid in accordance with a schedule of rates established under such an Act.
call of the employer wages for not less than three hours of work at the employee’s regular rate of wages, whether or not the employee is called on to perform any work after so reporting for work.
employment under paragraph (b) of the definition “year of employment” in section 183 of the Act, notify in writing the affected employees of
and
pay for a period of employment of less than 12 consecutive months.
paragraph (b) of the definition “year of employment” in section 183 of the Act, the employer shall, within ten months after the commencement date or after each subsequent anniversary date, as the case may be, of the determined year of employment, grant a vacation with vacation pay to each employee who has completed less than 12 months of continuous employment at that date.
shall be the number of weeks of the employee’s vacation entitlement under section 184 of the Act divided by 12 and multiplied by the number of completed months of employment from and including
after the commencement date of the year of employment referred to in subsection (1); or
effect, for all other employees.
no agreement between the employer and employee concerning when the vacation may be taken, the employer shall give the employee at least two weeks notice of the commencement of the employee’s annual vacation.
to an annual vacation with vacation pay
vacation where it is not practicable to comply with paragraph (a) or where it is an established practice in the industrial establishment in which the employee is employed to pay vacation pay on the regular pay day during or immediately following the vacation.
postpone or waive the employee’s entitlement to an annual vacation for a specified year of employment.
subsection (1), the employer shall pay the vacation pay to the employee within 10 months after the end of the specified year of employment.
posted pursuant to subsection 195(3) of the Act shall contain
/> must agree to the substitution of the general holiday for the substitution to come into effect.
the duration of the substitution.
holiday is substituted for a general holiday in a written agreement between the parties to a collective agreement, the written agreement shall contain the information set out in paragraphs 15(1)(a) to (e).
LEAVE
Act, the regular rate of wages of an employee whose hours of work differ from day to day or who is paid on a basis other than time shall be
for the 20 days the employee has worked immediately preceding a general holiday or the first day of bereavement leave; or
collective agreement that is binding on the employer and the employee.
where the hours of work of an employee whose wages are calculated on a daily or hourly basis differ from day to day, or where the employee’s wages are calculated on a basis other than time, the regular rate of wages for a holiday shall be
days he has worked immediately preceding the holiday; or
a collective agreement that is binding on the employer and the employee.
the basic hourly wage rate of an employee excluding any premium or bonus rates paid under any specific conditions of his employment; (taux de salaire de base). “employee” means an employee engaged in multi-employer employment; (employé). (employeur). loading or unloading of ship’s cargo and in operations related to the loading or unloading of ship’s cargo; (emploi au débardage). employment in any port in Canada where by custom the employee engaged in such employment would in the usual course of a working month be ordinarily employed by more than one employer; (travail au service de plusieurs employeurs). employers designated by the Minister as a multi-employer unit. (groupe de plusieurs employeurs).
multi-employer unit is entitled to wages for multi-employer employment for at least 15 days or 120 hours of work in the 30 calendar days immediately preceding a general holiday, the employee is entitled to and shall be paid by the multi-employer unit an amount of not less than eight times his basic hourly wage rate for such employment.
of a multi-employer unit, the employee is entitled to and shall be paid, on each pay day, in lieu of general holidays, an amount equal to three and one-half per cent of his basic rate of wages multiplied by the number of hours worked by the employee for that employer in the pay period for which he is paid on that pay day.
subsections (2) and (3), an employee who is required by an employer to work on a general holiday shall be paid at a rate of not less than one and one-half times his basic rate of wages for the time worked by him on that day.
a multi-employer unit for any port or ports if
record the employment of the employees of the employers who are members of the association and to pay wages to such employees on behalf of their employers; and
the association of employers is authorized to collect from each of the members of the association and pay out on their behalf to their employees the pay required to be paid to those employees pursuant to this section.
235(1), paragraphs 239(1)(a) and 240(1)(a) and section 247.5 of the Act, if an employee is engaged in multi-employer employment, that employee is deemed to be continuously employed.
s. 5; SOR/2009-194, s. 1.
calculating and determining the regular hourly rate of wages of employees who are paid on any basis of time other than hourly, an employer shall divide the wages paid for work performed by the number of hours required to perform the work.
197, 198 and 202 of the Act may be the rate agreed on under or pursuant to a collective agreement that is binding on the employer and the employee.
general holiday pay, other holiday pay, bereavement leave pay and wages paid for any hours of overtime; and
hours for which an overtime rate of wages has been paid.
/> behalf of an employer to an employee and the arrangement is accepted by the employee, the amount by which the wages of the employee may be reduced, for any pay period, below the minimum hourly wage established under section 178 of the Act either by deduction from wages or by payment from the employee to the employer for such board or living quarters, shall not exceed
monetary value of any board, lodging or any remuneration other than money received by an employee in respect of his employment shall be of the amount that has been agreed upon between the employer and the employee, or where there is no such agreement or the amount agreed upon unduly affects the wages of the employee, the amount as may be determined by the Minister.
EMPLOYEE CANNOT BE FOUND
an employee is entitled to payment of wages by the employer and the employee cannot be found for the purposes of making such payment, the employer shall, not later than six months after the wages became due and payable, pay the wages to the Minister and such payment shall be deemed to be payment to the employee.
the employer shall, not later than two months after the wages become due and payable, by written notice delivered personally or sent by registered mail to the employee’s last known address, inform the employee of the wages to which the employee is entitled.
(1) to the credit of the Receiver General in an account to be known as the “Labour Standards Suspense Account”, and the Minister may authorize payments out of the Account to any employee whose wages are held therein.
from the Labour Standards Suspense Account.
employee showing the date of commencement of employment and the date of termination of employment and shall keep such record for a period of at least 36 months after the date of termination of employment.
performed by an employee, the following information:
classification and sex of the employee, and where the employee is under the age of 17 years, the age of the employee;
weekly, monthly or other basis, and the date and particulars of any change in the rate;
combined basis of time and some other basis, a clear indication of the method of computation of that basis;
subsection 167(2) of the Act, or
pursuant to regulations made under paragraph 175(1)(b) of the Act;
with a recording of amounts paid for overtime, vacation pay, general holiday pay, bereavement leave pay, termination pay and severance pay;
details of the deductions made;
the year of employment in respect of which each such vacation is given;
postpone or waive the employee’s entitlement to annual vacation pursuant to subsection 14(1);
paragraph (b) of the definition “year of employment” in section 183 of the Act, any notice provided to employees pursuant to section 12;
the employee under Division VII of the Act, a copy of any notice concerning the leave and any medical certificate submitted by the employee in respect of that leave ;
modification or reassignment of the employee provided pursuant to Division VII of the Act and a copy of any notice provided by the employer concerning the job modification or reassignment;
employee pursuant to Division V of the Act, any notice of substitution of a general holiday required to be posted pursuant to section 195 of the Act, and, in respect of employees not subject to a collective agreement, proof of agreement for the substitution of a general holiday by at least 70 per cent of affected employees;
concerning the averaging of hours of work, details of any reductions in the standard and maximum hours of work made pursuant to subsections 6(7), (8) and (9), and the number of hours for which the employee was entitled to be paid at the overtime rate of wages established by section 174 of the Act;
leave and any request made for the certificate by the employer in accordance with paragraph 239(1)(c) of the Act, and any notice of termination of employment or intention to terminate employment given in accordance with Division IX or X of the Act;
to Division VIII of the Act;
subsection 170(3) or 172(3) of the Act, and proof of agreement to the work schedule by at least 70 per cent of the affected employees; and
employee who is a member of the reserve force,
of any notice concerning the leave,
respect of that leave,
and
247.95(2) of the Act.
of work that discloses the particulars required by subsection (2), including regular daily hours of work, shall be a sufficient record for the purposes of these Regulations.
after the expiration of the employer’s obligation under subsection 239.1(3) of the Act, the following information:
illness or injury;
indicating that the employee is fit to return to work; and
notification from the employer to the employee and any trade union representing the employee that return to work was not reasonably practicable and the reasons why it was not.
of a qualified medical practitioner provided to the employer concerning an employee.
s. 2.
the Act, the employer shall post copies of the permit.
out in Schedule II.
to in section 247.4 of the Act.
Act shall, in addition to the information required by paragraphs 212(3)(a) and (b) of the Act, set out
the group of employees whose employment is to be terminated or recognized by the employer as bargaining agent for any such employees; and
/> designated as industrial establishments:
undertakings and businesses that are located in a region established pursuant to paragraph 54(w) of the Employment Insurance Act; and
I.
s. 6.
of the Act in respect of the termination of employment of
whereby the employee may elect to work or not to work when requested to do so.
LEAVE, COMPASSIONATE CARE LEAVE, BEREAVEMENT LEAVE, INDIVIDUAL TERMINATION OF EMPLOYMENT, SEVERANCE PAY, SICK LEAVE AND UNJUST DISMISSAL)
XV.2 of the Act, the absence of an employee from employment is deemed not to have interrupted continuity of employment if
that is not a termination under these Regulations; or
employment.
GROUP OR INDIVIDUAL TERMINATION OF EMPLOYMENT
subject to subsection (2), a lay-off of an employee shall not be deemed to be a termination of the employee’s employment by his employer where
mandatory pursuant to a minimum work guarantee in a collective agreement;
the employer
lay-off that he will be recalled to work on a fixed date or within a fixed period neither of which shall be more than six months from the date of the lay-off, and
subparagraph (i);
payments from his employer in an amount agreed on by the employee and his employer,
employee to a pension plan that is registered pursuant to the Pension Benefits Standards Act or under a group or employee insurance plan,
or
benefits but is disqualified from receiving them pursuant to the Employment Insurance Act; or
than 12 months and the employee, throughout the term of the lay-off, maintains recall rights pursuant to a collective agreement.
paragraphs (1)(c), (d) and (f), any period of re-employment of less than two weeks duration shall not be included.
s. 2.
EMPLOYMENT)
of work in a week of an employee whose hours of work are not averaged are the actual hours worked by the employee, exclusive of overtime hours, in the four complete weeks prior to termination of employment, divided by four.
work in a day of an employee whose hours of work are not averaged are the actual hours worked by the employee, exclusive of overtime hours, in the four complete weeks prior to termination of employment, divided by 20.
one in which
/> of work in a week for an employee whose hours of work are averaged is 40 hours.
work in a day for an employee whose hours of work are averaged is eight hours.
s. 10.
family” means, in respect of an employee,
partner of the father or mother;
employee’s spouse or common-law partner;
employee and the spouse or common-law partner of the father or mother; and
employee or with whom the employee permanently resides.
a person who has been cohabiting with an individual in a conjugal relationship for at least one year, or who had been so cohabiting with the individual for at least one year immediately before the individual’s death.
s. 8(E).
begins on the date that, according to a certificate from the qualified medical practitioner authorized by the plan the employer subscribes to under subsection 239.1(2) of the Act, the employee is fit to return to work with or without qualifications, and ends 18 months after that date.
accordance with subsection 239.1(3) of the Act, an employer lays off or terminates the employment of that employee or discontinues a function of that employee, the employer shall demonstrate to an inspector that the layoff, termination of employment or discontinuance of function was not because of the absence of the employee from work due to work-related illness or injury.
days after the date of receipt of the certificate referred to in subsection (1), the employer shall, within those 21 days, notify in writing the employee and, where the employee is subject to a collective agreement, the trade union representing the employee, whether return to work is reasonably practicable and, if not, the reasons therefor.

The Canada Labour Code covers about 10 per cent of the country's workforce. It regulates employment standards in a variety of industries including banking, marine shipping, ferry and port service, air transportation, railway, road transportation that might involve crossing provincial or international boundaries, telephone and cable systems, broadcasting, grain elevators and uranium mining.

• The code makes no distinction between casual, part-time and full-time employees.

• The code's hours of work provisions do not apply to managers or people working in architectural, dental, engineering, legal or medical professions.

• When an inspector confirms that the Canada Labour Code has been violated, the employer is asked to correct the infraction and to submit an Assurance of Voluntary Compliance. In some cases, an order may be filed in Federal Court to ensure it is enforceable.

• You should make a complaint as soon as possible if you believe your rights as an employee have been violated. Claims for unjust dismissal must be made within 90 days of losing your job.

Manitoba

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Manitoba - Regulations and Exemptions

APPLICATION OF CODE APPLICATION DU CODE
Certain volunteers and trainees
2 The Code does not apply to an employee who
(a) works as a volunteer for a charitable or political organization;
(b) works as a beneficiary under a rehabilitation or therapeutic plan or project; or
(c) is given training or work experience for a limited period of time through a program implemented or approved by
(i) a provincial or federal government authority, or
(ii) a school board, as defined under The Public Schools Act, and who is not paid a wage.

APPLICATION OF PART 2 OF CODE
Exemptions for agricultural workers and fishers
3(1) Divisions 2 (standard hours of work), 3 (overtime), 4 (general holidays) and 8 (wages for reporting for work) of Part 2 do not apply to an employee employed on a farm to work directly in the primary production of agricultural products on that farm, unless all or substantially all of the person's work is performed in one or more climate-controlled facilities.

3(1.1) Except for Division 13 (equal wages), Part 2 does not apply to the following:
(a) an employee employed in fishing;
(b) an employee employed on a farm, by a family member of the employee, to work directly in the primary production of agricultural products on that farm.
M.R. 26/2008

3(1.2) For the purpose of subsections (1) and (1.1), "agricultural products" includes livestock, poultry, livestock and poultry products, fruits, vegetables, grains, oilseeds, pulse, forage and market garden or horticultural products.
M.R. 26/2008

3(1.3) For the purpose of clause (1.1)(b), (a) "family member" in relation to an employee means a person who is a family member of the employee under section 59.2 of the Code; and (b) an employee who is employed by a family farm corporation, as defined in The Farm Lands Ownership Act, is deemed to be employed by a family member of the employee if the corporation is controlled by the employee, by one or more persons who are family members of the employee, or by any combination of them.
M.R. 26/2008

EMPLOYMENT STANDARDS E110 — M.R. 6/2007
6 06/08
3(2) For greater certainty, subsection (1) does not affect the application of the Code to an employee who is employed in the selling of horticultural products or market garden products grown by another person.

Employee in employer's residence
4 Except for Divisions 9 (unpaid leaves) and 14 (employment of children and adolescents), Part 2 does not apply to the employment of a person employed to work in the employer's private residence if
(a) the person is employed as a domestic worker for not more than 12 hours per week; or (b) the person is not employed as a domestic worker, but is employed primarily to attend to the needs of a member of the employer's household who is a minor or is aged, infirm or ill, whether or not the person is also required to perform ancillary duties relating to the management or operation of the employer's household.

Professions
5 Except for Divisions 5 (annual vacations and vacation allowances), 9 (unpaid leaves) and 13 (equal wages) and subdivisions 1 and 3 of Division 10 (termination of employment), Part 2 does not apply to an employee who
(a) is qualified to practise and is practising or employed in a profession that is governed under an Act of the Legislature that applies solely to the profession; or
(b) is registered or enrolled and employed as a student-in-training in respect of such a profession.
Professions

06/08 6.1
Family business and certain salespersons
6(1) Divisions 2 (standard hours of work) and 3 (overtime) of Part 2 do not apply to an employee who is
(a) employed in a business in which only members of the family of the employer are employed; or
(b) a salesperson, other than a route salesperson, who is
(i) remunerated in whole or in part by commission, and
(ii) engaged in soliciting orders, principally outside the employer's place of business, for goods or services to be later delivered or provided to the purchaser.

6(2) In subsection (1), "route salesperson" means an employee who is employed primarily as a delivery and stock person who delivers goods mainly to established customers of the employer and for whom any selling of products is incidental to those duties.

Certain Crown employees
7 Sections 10 to 14, 17 and 18 of the Code (standard hours of work and overtime) do not apply to employees of the Crown who are in the following positions:
(a) a position in a classification in which the maximum salary is more than $34,497. per year;
(b) a position in the Department of Infrastructure and Transportation for which the hours specified under a collective agreement are similar to the standard hours of work prescribed for a day or week under The Construction Industry Wages Act;
(c) a position in a correctional camp or mental health camp for which a collective agreement provides that an allowance is to be paid in lieu of overtime wages;

EMPLOYMENT STANDARDS E110 — M.R. 6/2007
6.2 06/08
(d) positions that are
(i) not covered by a collective agreement, and
(ii) not eligible to receive compensation for overtime, pursuant to subsection 25(2) of the Conditions of Employment Regulation, an unregistered regulation made under The Civil Service Act;
(e) positions classified as positions for summer students working as temporary employees.

01/09 7
Workers under The Elections Act
8 The following provisions of Part 2 do not apply to a person who is appointed on a temporary basis under The Elections Act as an election worker and not under subsection 31 (deputy CEO and staff) of that Act:
(a) Division 1 (minimum wage);
(b) Division 2 (standard hours of work);
(c) sections 17 and 18 of Division 3 (overtime);
(d) Division 4 (general holidays).

WEEKLY DAY OF REST
No application to certain employees
9 Division 6 (weekly day of rest) of Part 2 does not apply to the following:
(a) persons employed as security personnel, caretakers or power engineers who live in the building in which they are employed;
(b) an employee who performs management functions primarily;
(c) an employee while he or she is working in circumstances described in subsection 19(2) of the Code (emergency);
(d) an employee employed in a business that is exempted by the director under section 46 or 47 of the Code (application for exemption of business);
(e) a domestic worker or residential caregiver.

Exceptions
36-hour rest period for domestic workers and residential caregivers
10(1) An employer of a domestic worker or residential caregiver must ensure that each week, for a period of at least 36 consecutive hours, the worker or caregiver is not required to perform work for the employer.

EMPLOYMENT STANDARDS E110 — M.R. 6/2007
8 01/09
10(2) If the employer requests the worker or caregiver to perform work during the 36-hour period, and he or she agrees to work during that period, then the employer must
(a) lengthen, by the number of hours worked during that period, one of the rest periods to be provided under subsection (1) within the next eight weeks; or
(b) pay the worker or caregiver for the hours worked during that period at an hourly rate no less than the overtime wage rate, whether or not they are hours of overtime.

The Employment Standards Code that came into effect in 2007 is enforced through investigation of complaints and educational programs. The Employment Standards Branch of the Ministry of Labour and Immigration says the new code provides “clearer, more comprehensive employment standards that benefit both employees and employers."

• Agricultural workers, babysitters, professionals, part-time domestic workers and family members working in family-run businesses are examples of jobs not covered by all aspects of the code.

• In order to collect wages owed to you in Manitoba, a claim must be made within six months of your not being paid or within six months of your last day of work. A claim for holiday or vacation pay can be made within a 22-month period.

• Claim forms are available online or at Employment Standards Branch offices.

New Brunswick

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New Brunswick - Regulations and Exemptions

NEW BRUNSWICK REGULATION 85-179 under the Employment Standards Act

(O.C. 85-930)
Filed November 21, 1985

Under sections 7 and 85 of the Employment Standards Act, the Lieutenant-Governor in Council makes the following Regulation:

1.This Regulation may be cited as the General Regulation - Employment Standards Act.
In this Regulation “Act” means the Employment Standards Act.

3(1) Persons employed in the following specified occupations or specified classes of work and persons employing employees in the specified occupations or specified classes of work are exempted from sections 18 to 22 inclusive of the Act:
(a) architecture;
(b) dentistry;
(c) law;
(d) medicine;
(e) chiropody;
(f) optometry;
(g) pharmacy;
(h) professional engineering;
(i) public or chartered accounting;
(j) psychology;
(k) surveying;
(l) veterinary science;
(m) real estate salesmen;
(n) automobile and mobile home salesmen; and
(o) salesmen, other than route salesmen, who are entitled to receive all or part of their remuneration as commissions in respect of offers to purchase, sales of merchandise or services, such as are normally made other than at or in the employer’s establishment.

3(2) Persons employed in the following specified occupations or specified classes of work and persons employing employees in the specified occupations or specified classes of work are exempted from sections 24 to 27 inclusive of the Act:
(a) teachers, as defined in the Education Act, who are employed in school districts specified in Part II of the First Schedule of the Public Service Labour Relations Act; and
(b) instructors or teachers in an institution governed by the Adult Education and Training Act.
99-3

4(1) Where an employer applies to the Director for an exemption under section 8 of the Act, the application shall be made in writing and shall contain
(a) the name and address of the employer,
(b) the name and address of each employee in relation to whom the application is made,
(c) a concise statement of
(i) the nature of the employer’s business,
(ii) the work performed by the employee or employees in relation to whom the application is made,
(iii) the reasons why an exemption should be made, and
(iv) the terms of the exemption applied for.

4(2) Where a person is affected by a decision of the Director under section 8, a request by him to the Director to refer the matter to the Board shall be made in Form 2. 2004-96

5. An application for an order under subsection 35(4) of the Act shall be made to the Director in writing and shall contain
(a) the name and address of the employer,
(b) the name and address of each employee in relation to whom the application is made,
(c) a concise statement of
(i) the nature of the employer’s business,
(ii) the work performed by the employee or employees in relation to whom the application is made, and
(iii) the reasons why payment should be made other than in accordance with subsections 35(1) and (2) of the Act.
5.1(1) A certificate issued by the Director under subsection 38.1(1) of the Act shall be in Form 0.1.
5.1(2) A renewal statement referred to in subsection 38.4(1) of the Act shall be in Form 0.2.
5.1(3) An amending certificate referred to in subsection 38.5(1) of the Act shall be in Form 0.3.
5.1(4) A certificate of discharge referred to in subsection 38.6(1) of the Act shall be in Form 0.4.
5.1(5) A certificate of partial discharge referred to in paragraph 38.6(2)(a) of the Act shall be in Form 0.5.
89-41

6(1) Where the Director makes an order under section 65 of the Act, the order shall be made in Form 1.
6(2) Where the Director makes an order under section 65 of the Act, he shall provide the person against whom the order is made with a copy of Form 2.
6(3) Where a person disputes an order of the Director made under section 65 of the Act, his request to the Director to refer the matter to the Board shall be made in Form 2.
2004-96

7. Where the Director makes a determination under section 66 of the Act, he shall inform the complainant on Form 3 and he shall provide the complainant with a copy of Form 2.

8. A written request to the Director under subsection 67(1) of the Act by a person against whom an order has been made by the Director or by a complainant whose complaint has been acted upon and dismissed by the Director shall be made in Form 2.
8(1) A notice of hearing under subsection 68(2) of the Act shall be in Form 2.1.
88-252

9(1) Where the Board or the Chairperson thereof requires an employer to furnish security in the form of a bond under section 71 of the Act, the amount of the bond shall be two thousand dollars.
9(2) A bond under section 71 of the Act shall be in Form 4 with such modifications as may be necessary to accommodate more than one surety.
9(3) Where a bond under section 71 of the Act is not required to be acted upon, the Board shall return the bond to a surety named therein and shall advise all other sureties named therein of the return of the bond.
2004-96

10(1) Where the Director makes an attaching order under section 72 of the Act, he or she shall mail a copy of the order to the employer as soon as possible after the attaching order is served on the person against whom the attaching order is made.
10(2) The Director shall send a copy of the attaching order made under section 72 of the Act to the Board.
10(3) Where the Board receives a copy of the attaching order and payment is not made to the Board forthwith, the Chairperson of the Board shall advise the Director.
10(4) An attaching order made under section 72 of the Act ceases to be valid
(a) one year after the date of its issue by the Director, unless revoked earlier by him or her, or
(b) if renewed, one year after the date of its renewal by the Director, unless revoked earlier by him or her.
10(5) An attaching order under section 72 of the Act shall be in Form 5 and a renewal of an attaching order shall be in Form 5.1.
2004-96

11(1) A certificate issued by the Director under subsection 74(1) of the Act shall be in Form 6.
11(2) A certificate issued by the Board under subsection 74(1) of the Act shall be in Form 7.
88-252; 2004-96
11.1 A summons issued under subsection 75(2) of the Act shall be in Form 8.
88-252
12. New Brunswick Regulation 81-25 under the Fair Wages and Hours of Labour Act is repealed.
13. New Brunswick Regulation 84-83 under the Minimum Employment Standards Act is repealed.
14. This Regulation comes into force on December 1, 1985.

Form 0.1
Form 0.2
Form 0.3
Form 0.4
Form 0.5
Form 1
Form 2
Form 2.1
Form 3
Form 4
Form 5
Form 5.1
Form 6
Form 7
Form 8

N.B. This Regulation is consolidated to March 2, 2007.

The Employment Standards Act of New Brunswick sets out minimums for such things as wage rates, overtime and vacation pay, leaves for illness, maternity, bereavement and child care as well as rules governing pay equity.

• Not all classifications of employees are covered by the N.B. act and a number of professional occupations are exempt.

• The duty of the Employment Standards Branch is to make sure the act is followed to ensure fair and equitable workplace practices. If you think your employer is violating the act, you must make a complaint within 12 months of the infraction to the nearest Employment Standards Branch office. If an officer is unable to resolve the issue, it is referred to the Labour and Employment Board for a binding determination.

Newfoundland and Labrador

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Newfoundland and Labrador - Regulations and Exemptions

Definitions

2. In this Act

(a) [Rep. by 2001 c33 s1]

(a.1) [Rep. by 2001 c33 s1]

(b) "contract of service" means a contract, whether or not in writing, in which an employer, either expressly or by implication, in return for the payment of a wage to an employee, reserves the right of control and direction of the manner and method by which the employee carries out the duties to be performed under the contract, but does not include a contract entered into by an employee qualified in or training for qualification in and working for an employer in the practice of

(i) accountancy, architecture, law, medicine, pharmacy, professional engineering, surveying, teaching, veterinary science, and

(ii) other professions and occupations that may be prescribed;

(c) "director" means the Director of Labour Standards appointed under section 61 and includes an officer designated by the director to implement the powers conferred by section 62;

(d) "employee" means a natural person who works under a contract of service for an employer;

(e) "employer" means a person who is a party to a contract of service with an employee;

(f) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(g) [Rep. 1992 c17 s1 & 1993 c53 s18]

(h) "undertaking" includes a trade, industry, occupation or business carried on by an employer; and

(i) "wage" means remuneration, salary, commission or return in a form permitted by this Act, or combination of forms, for work or services performed by an employee for an employer under a contract of service and, if the context so admits, includes payments provided for in this Act for vacation pay and holiday pay, but does not include tips and gratuities.

Short title

1. These regulations may be cited as the Labour Standards Regulations .

214/93 s1

Definitions

2. In these regulations

(a) "Act" means the Labour Standards Act ;

(b) "construction industry" means the on-site constructing, erecting, altering, decorating, repairing or demolishing of buildings, structures, roads, sewers, water mains, pipe lines, tunnels, shafts, bridges, wharves, piers, canals or other works;

(c) "livestock" means horses, cattle, sheep, goats, swine, fur bearing animals raised in captivity, poultry and other domestic animals kept for farm purposes; and

(d) "remote area" means an area in which the only living accommodation for an employee consists of

(i) bunk-house accommodation, or

(ii) other accommodation of a temporary character which is operated in conjunction with the operations being conducted by an employer.

214/93 s2

Application

3. Except where the contrary is indicated, these regulations apply to all employers and employees and to persons who are parties to a contract of service.

214/93 s3

Observance of public holidays

4. The public holidays of New Year's Day, Good Friday, Memorial Day, Labour Day and Christmas Day required to be observed under paragraphs 14(1)(a), (b), (c), (d) and (e) of the Act shall be observed on the dates proclaimed by the Lieutenant-Governor in Council under section 4 of the Shops Closing Act.

214/93 s4

Standard working hours

5. (1) For the purpose of paragraph 21(a) of the Act, "standard working hours" means 40 hours in a week.

(2) For the purpose of paragraph 21(b) of the Act, "week" means a period of 7 continuous days commencing after midnight on a Saturday.

214/93 s5

Weekly day of rest

6. Section 22 of the Act does not apply to an employee who is

(a) subject to a collective agreement within the meaning of the Labour Relations Act or the Fishing Industry Collective Bargaining Act ;

(b) employed in a remote area of the province and who notifies his or her employer in writing, and does not revoke that notification in writing, that he or she does not wish section 22 of the Act to apply to his or her employment; or

(c) a crew member of a ferry boat.

214/93 s6

Rest periods

7. Section 24 of the Act does not apply to

(a) an employee who is a crew member of a ferry boat;

(b) an employee who is subject to a collective agreement within the meaning of theLabour Relations Act or the Fishing Industry Collective Bargaining Act ; or

(c) an employee who works alone and in circumstances where it is impracticable for that employee to take a rest period.

214/93 s7

Minimum wage

8. (1) Effective January 1, 2009 , every employer shall pay to every employee a wage rate of not less than $8.50 per hour.

(2) Effective July 1, 2009 , every employer shall pay to every employee a wage rate of not less than $9.00 per hour.

(3) Effective January 1, 2010 , every employer shall pay to every employee a wage rate of not less than $9.50 an hour.

(4) Effective July 1, 2010 , every employer shall pay to every employee a wage rate of not less than $10.00 an hour.

73/08 s1

Overtime wage

9. (1) [Rep. by 104//07 s2]

(2) [Rep. by 104//07 s2]

(3) [Rep. by 104//07 s2]

(4) [Rep. by 104//07 s2]

(4.1) Effective January 1, 2009 for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not less than $12.75 an hour.

(4.2) Effective July 1, 2009 , for the purpose section 25 of the Act, overtime wages shall be paid at a rate of not less than $13.50 an hour.

(4.3) Effective January 1, 2010 , for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not less than $14.25 an hour.

(4.4) Effective July 1, 2010 , for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not les than $15.00 an hour.

(5) Notwithstanding subsections (4.1) to (4.4), effective April 1, 2003 , for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not less than one and one half an employee’s regular rate of pay to those employees subject to a collective agreement negotiated after December 6, 2001 , where the collective agreement, or a letter of understanding, schedule or other correspondence between the employer and a representative of the employees, attached to or forming part of the collective agreement, references an announcement of government that, effective April 1, 2003 , these regulations would be amended to require all employers to pay overtime wages at a rate of not less than one and one half an employee’s regular rate of pay, notwithstanding that such an amendment has not come into effect.

(6) Section 25 of the Act does not apply to a person employed

(a) in the planting, cultivating and harvesting of farm produce other than the production of fruit and vegetables in greenhouse and nursery operations;

(b) in the raising of livestock; or

(c) as a live-in housekeeper or baby-sitter where there is an arrangement by which that employee is entitled to time off with pay for hours worked in excess of 40 hours per week.

11/05 s2; 104/07 s2; 73/08 s2

Overtime less than 3 hours

10. Where an employee who reports for previously scheduled work or whose employer calls him or her to report to work is required to perform less than 3 hours of work, the employer shall either

(a) permit his or her employee to work at least 3 consecutive hours; or

(b) pay his or her employee instead of work for an unworked portion of the 3 hours wages at the minimum wage set out in section 8 or the overtime wage rate as set out in subsection 9(1), whichever is appropriate for the period unworked.

214/93 s10

Minimum wage application

11. The minimum rates of wages prescribed by these regulations apply to

(a) an employee whether paid on the basis of an hourly rate of pay or on the basis of a fixed wage for a week or a month or a part of a month; and

(b) an employee whether remunerated either wholly or in part on a commission basis.

214/93 s11

Definition of "family member"

11.1 For the purpose of sections 43.13 to 43.16 of the Act, the term "family member", in addition to the meaning given it in paragraph 43.13(b), means, in relation to an employee,

(a) a child of the employee's parent or a child of the spouse or common-law partner of the employee's parent;

(b) a grandparent of the employee or of the employee's spouse or common-law partner or the spouse or common-law partner of the employee's grandparent;

(c) a grandchild of the employee or of the employee's spouse or common-law partner or the spouse or common-law partner of the employee's grandchild;

(d) the spouse or common-law partner of the employee's child or of the child of the employee's spouse or common-law partner;

(e) a parent, or the spouse or common-law partner of a parent, of the employee's spouse or common-law partner;

(f) the spouse or common-law partner of a child of the employee's parent or of a child of the spouse or common-law partner of the employee's parent;

(g) a child of a parent of the employee's spouse or common-law partner or a child of the spouse or common-law partner of the parent of the employee's spouse or common-law partner;

(h) an uncle or aunt of the employee or of the employee's spouse or common-law partner or the spouse or common-law partner of the employee's uncle or aunt;

(i) a nephew or niece of the employee or of the employee's spouse or common-law partner or the spouse or common-law partner of the employee's nephew or niece;

(j) a current or former foster parent of the employee or of the employee's spouse or common-law partner;

(k) a current or former foster child of the employee or the spouse or common-law partner of that child;

(l) a current or former ward of the employee or of the employee's spouse or common-law partner;

(m) a current or former guardian of the employee or the spouse or common-law partner of that guardian;

(n) in the case of an individual who has the serious medical condition, a person, whether or not related to the individual by blood, adoption, marriage or common-law partnership, whom the individual considers to be like a close relative; and

(o) in the case of an employee, a person, whether or not related to the employee by blood, adoption, marriage or common-law partnership, who considers the employee to be like a close relative.

59/07 s1

Definition of "service"

11.2 For the purpose of subparagraph 43.17(b)(ii) of the Act, "service" means "Class "C" Reserve Service" as defined in the Queen's Regulations and Orders for the Canadian Forces made under the authority of the National Defence Act (Canada).

38/09 s1

Notice of termination

12. Section 52 of the Act does not apply to a person employed in the construction industry.

214/93 s12

Non-application of section 57

13. Section 57 of the Act does not apply to a contract of service

(a) that is or has become impossible of performance or is frustrated by a fortuitous or unforeseeable event or circumstance;

(b) of a person who is laid off after refusing an offer by his or her employer of reasonable alternate work;

(c) of a person who is laid off after refusing alternate work made available to him or her through a seniority system;

(d) of a person who is on lay-off and does not return to work within a reasonable time after being requested to do so by his or her employer;

(e) of a person who is laid off or terminated during or as a result of a strike or lock-out at his or her place of employment;

(f) of a person who is employed in the construction industry;

(g) of a person who is employed in logging or fishing;

(h) of a person employed for seasonal production work in a fish plant to supplement the regular work force in peak production periods;

(i) of a person who is employed under an arrangement whereby he or she may elect to work or not for a temporary period when requested to do so;

(j) of a person who, having reached the age of retirement according to the established practice of the employer, has his or her employment terminated;

(k) of a person who is employed on an offshore oil well drilling rig; or

(l) where there is continued or uninterrupted employment of an employee as referred to in section 6 of the Act.

The Labour Standards Act applies to a majority of the province's workplaces, accounting for 60 per cent of employees (not including unionized workers). The act sets out minimum standards for such things as hours of work, minimum wage, overtime rates, vacation pay, statutory holidays and termination pay.

• Upon being hired, employees must be provided with a "contract of service" that outlines basic terms and conditions of employment including wages, hours of work, vacations and, if the position is temporary, the exact termination date.

• Professional groups such as accountants, architects, engineers, teachers and veterinarians are exempt from provisions of Newfoundland and Labrador's Labour Standards Act.

• You have two years from the date of the infraction to file a complaint if you believe your rights under the act have been violated. However, if you are no longer employed, your complaint must be filed within six months of termination.

Nova Scotia

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Nova Scotia - Regulations and Exemptions

[Definitions]

1 (1) In these regulations

(a) “Code” means the Labour Standards Code;

(b) “collective agreement” has the same meaning as it has in the Trade Union Act;

(c) “information technology professional” means an employee who is primarily engaged in the investigation, analysis, design, development, implementation, operation or management of information systems based on computer and related technologies through the objective application of specialized knowledge and professional judgement, but does not include an employee who is primarily employed to provide basic operational or technical support for computer and related technologies.

Clause 1(1)(c) repealed: O.I.C. 2003-507, N.S. Reg. 200/2003; added: O.I.C. 2005-100, N.S. Reg. 76/2005.

(d) “mobile home” has the same meaning as it has in the Residential Tenancies Act.

(2) Unless the context otherwise requires, words defined in the Code have the same meaning when used in these regulations.

(3) Where a period of time is prescribed by these regulations, expressed as a number of days, the period shall be computed as the number of days exclusive of

(a)any Saturday or Sunday;

(b) New Year’s Day, Good Friday, Canada Day, Christmas Day, the birthday or the day appointed for the celebration of the birth of the Reigning Sovereign, Victoria Day, Labour Day, Remembrance Day and any day appointed by any statute in force in the Province of Nova Scotia or by proclamation of the Governor General or the Lieutenant Governor as a general holiday or for general fast or thanksgiving; and

(c) when any of the days specified in paragraph (b) falls on a Sunday, the following day.

(4) For the purposes of clause 2(h) of the Code, “repaired” includes communications of advice by telecommunications or internet technologies by a customer contact centre to assist in the repair of an article or otherwise respond to a customer complaint or inquiry.

Subsection 1(4) added: O.I.C. 2002-483, N.S. Reg. 131/2002.

Application

2 (1) Persons who are employed in a private home by the householder to provide domestic service

(a) for a member of the employee’s immediate family; or

(b) for no more than 24 hours within a period beginning on a Sunday and ending on the following Saturday, or during such other seven day period which is the customary pay period of the employer are exempted from the application of the Code.

Subsection 2(1) replaced: O.I.C. 96-696, N.S. Reg. 154/96.

(2) Duly qualified practitioners or students while engaged in training for

(a) architecture;

(b) dentistry;

(c) law;

(d) medicine;

(e) chiropody;

(f) professional engineering;

(g) public or chartered accounting;

(h) psychology;

(i) surveying;

(j) veterinary science are exempted from the application of subsection 40(4), Sections 61 to 67, and Section 71 of the Code.

Subsection 2(2) replaced: O.I.C. 96-696, N.S. Reg. 154/96; amended: O.I.C. 2003-507, N.S. Reg. 200/2003.

(2A) Duly qualified practitioners or students while engaged in training for

(a) optometry; and

(b) pharmacy are exempted from the application of Section 71 of the Code.

Subsection 2(2A) added: O.I.C. 96-696, N.S. Reg. 154/96.

(2B) Persons holding supervisory or management positions, or who are employed in a confidential capacity are exempt from the application of subsection 40(4) and Section 61 of the Code.

Subsection 2(2B) added: O.I.C. 2003-507, N.S. Reg. 200/2003.

(2C) Persons engaged in work as information technology professionals are exempt from the application of subsection 40(4) of the Code.

Subsection 2(2C) added: O.I.C. 2005-100, N.S. Reg. 76/2005.

(3) Persons engaged in work on a farm whose employment is directly related to the primary production of eggs, milk, grain, seeds, fruit, vegetables, Christmas trees, Christmas wreaths, maple products, honey, tobacco, pigs, cattle, sheep, poultry or animal furs are exempted from application of

(a) Sections 37, 38, 39, 40, 41, 42 and 43, and

(b) Sections 61, 62, 63, 64, 65, 66, and 67 of the Code.

Subsection 2(3) amended: O.I.C. 2003-507, N.S. Reg. 200/2003.

(4) Persons engaged in work

(a) as real estate salespersons;

(b) as automobile salespersons;

(c) as salespersons, other than route salespersons, who are entitled to receive all or any part of their remuneration as commissions in respect of offers to purchase or sales of goods, wares, merchandise or services which offers or sales are normally made other than at or in their employer’s establishment; or

(d) on fishing vessels of all types or in the operation of fishing vessels on water are exempted from application of

(i) Sections 32, 33, 34, 35 and 36,

(ii) Sections 37, 38, 39, 40, 41, 42 and 43,

(iii) Sections 50, 51, 53, 54, 55 and 56,

(iv) Sections 61, 62, 63, 64, 65, 66, and 67,

(v) Sections 71, 72, 73, 74, 75, 76, 77, and 78 of the Code.

(4A) Subsection 40(4) of the Code does not apply to persons who work as

(a) employees for whom the Governor in Council has made a special order;

(b) apprentices under apprenticeship agreements in accordance with the Apprenticeship and Trades Qualifications Act;

(c) trainees under government-sponsored and government-approved plans;

(d) employees at a playground or summer camp that is operated on a non-profit basis;

(e) insurance agents licensed as such under the Insurance Act;

(f) employees and employers to whom the Minimum Wage Order (Logging and Forestry Operations) or the Minimum Wage Order (Construction and Property Maintenance) applies;

(g) watches, janitors or building superintendents in buildings that include their place of residence;

(h) health or personal care providers, if the client is providing a residence as part of the terms of employment;

(i) employees in the transport industry;

(j) employees who are paid on a flat rate basis and work as automobile mechanics or auto body shop technicians; and

(k) employees of enterprises engaged in primary processing or related activities in the agriculture, Christmas tree or fishing industry, but not meat processing.

Subsection 2(4A) added: O.I.C. 2003-507, N.S. Reg. 200/2003.

(5) Persons engaged in work as employees under a collective agreement are exempted from application of

(a)Sections 37, 38, 39, 40, 41, 42 and 43, and

(b)Sections 66A, 71, 72, 73, 74, 75, 76, 77 and 78

Clause 2(5)(b) amended: O.I.C. 2006-335, N.S. Reg. 117/2006. of the Code.

(6) Persons engaged in work as salespersons of mobile homes are exempted from the application of Sections 32, 33, 34, 35 and 36 of the Code.

(7) Persons or children in the care of or under the auspices of the institution commonly known as the Nova Scotia Youth Training Centre of the Town of Truro, Nova Scotia, while engaged in an employment training program approved by that institution or any member of its governing body, are exempted from the application of Sections 32, 33, 34, 35 and 36 of the Code.

(8) Persons engaged in work in the manufacturing or refining processes of the petro-chemical industry or in work directly related to those processes in or at their employer’s manufacturing or refining establishment are exempted from application of Sections 37, 38, 39, 40, 41, 42 and 43 of the Code.

(8A) Persons engaged in work in the shipbuilding, ship repair, oil and gas industries, or related activities other than retail, are exempt from the application of subsection 40(4) of the Code.

Subsection 2(8A) added: O.I.C. 2003-507, N.S. Reg. 200/2003.

(9) The Unemployment Insurance Job Creation Program referred to as the “Section 25, Developmental Use of Unemployment for Job Creation” or any substantially similar program is designated as a class of work to which the Act does not apply and persons engaged in this class of work are exempted from application of the Code.

(9A) Persons engaged in work in the offshore for petroleum exploration, drilling, production, conservation, processing or transportation, or related activities, while under the jurisdiction of the Canada-Nova Scotia Offshore Petroleum Board are exempted from the application of Section 66 of the Code.

Subsection 2(9A) added: O.I.C. 2008-40, N.S. Reg. 65/2007.

(10) Persons engaged in the processing of herring roe during the months of August and September are exempted from the application of subsection (2) of Section 68 of the Code.

(11) Persons engaged in work as the Deputy Minister - Office of the Premier, the Deputy Minister of the Policy Board, of the Management Board, of Intergovernmental Affairs or of a department as referred to in Section 2 of the Public Service Act, or in any other position designated as a deputy head as defined in Section 2(e) of the Civil Service Act, are exempted from the application of subsection 40(4), Section 61 and Section 71 of the Code.

Subsection 2(11) added: O.I.C. 93-690A, N.S. Reg. 114/93; amended: O.I.C. 2003-507, N.S. Reg. 200/2003.

The Ministry of Labour and Workforce Development administers the Labour Standards Code, which establishes rules for wage minimums, vacations, holidays, leaves of absence, employment records, equal pay for equal work, employment of children and termination of employment.

• Not all employees in Nova Scotia are covered under every section of the code. For instance, holiday pay regulations do not apply to farm workers, real estate agents, commissioned sales staff, anyone who works on a fishing boat, etc.

• Complaints regarding violations of the code must be made to the Labour Standards Division within six months of the infraction occurring. The identity of the complainant can be withheld although there are some circumstances in which this would be impractical.

Ontario

Read Regulations

Ontario - Regulations and Exemptions

Employment Standards Act, 2000

ONTARIO REGULATION 285/01

EXEMPTIONS, SPECIAL RULES AND ESTABLISHMENT OF MINIMUM WAGE

Definitions

1. In this Regulation, “construction employee” means,

(a) an employee employed at the site in any of the activities described in the definition of “construction industry”, or

(b) an employee who is engaged in off-site work, in whole or in part, but is commonly associated in work or collective bargaining with an employee described in clause (a); (“employé de la construction”)

“construction industry” means the businesses that are engaged in constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the site; (“industrie de la construction”)

“domestic worker” means a person who is employed by a householder to perform services in the household or to provide care, supervision or personal assistance to children, senior or disabled members of the household, but does not include a sitter who provides care, supervision or personal assistance to children on an occasional, short-term basis; (“travailleur domestique”)

“hotel, motel, tourist resort, restaurant and tavern” means an establishment that provides accommodation, lodging, meals or beverages for payment, and includes hotels, motels, motor hotels, tourist homes, tourist camps, tourist cabins and cottages, tourist inns, catering establishments and all other establishments of a similar nature; (“hôtel, motel, lieu de villégiature, restaurant et taverne”)

“information technology professional” means an employee who is primarily engaged in the investigation, analysis, design, development, implementation, operation or management of information systems based on computer and related technologies through the objective application of specialized knowledge and professional judgment; (“professionnel en technologie de l’information”)

“recorded visual and audio-visual entertainment production industry” means the industry of producing visual or audio-visual recorded entertainment that is intended to be replayed in cinemas or on the Internet, as part of a television broadcast, or on a VCR or DVD player or a similar device, but does not include the industry of producing commercials (other than trailers), video games or educational material; (“industrie de la production de divertissements visuels et audio-visuels enregistrés”)

“residential care worker” means a person who is employed to supervise and care for children or developmentally handicapped persons in a family-type residential dwelling or cottage and who resides in the dwelling or cottage during work periods, but does not include a foster parent; (“préposé aux soins en établissement”)

“road building” means the preparation, construction, reconstruction, repair, alteration, remodelling, renovation, demolition, finishing and maintenance of streets, highways or parking lots, including structures such as bridges, tunnels or retaining walls in connection with streets or highways, and all foundations, installation of equipment, appurtenances and work incidental thereto; (“construction de routes”)

“seasonal employee” means an employee who works not more than 16 weeks in a calendar year for an employer; (“employé saisonnier”)

“taxi cab” means a vehicle, with seating accommodation for not more than nine persons exclusive of the driver, used to carry persons for hire; (“taxi”)

“wage rate” means, where an employee is paid for piecework, the rate paid per piece and if there is more than one piece rate, each of the piece rates, and the number of pieces paid at each rate. (“taux de salaire”) O. Reg. 285/01, s. 1; O. Reg. 552/05, s. 1.

Family Day a public holiday

1.1 Family Day, being the third Monday in February, is prescribed as a public holiday for the purpose of the definition of “public holiday” in section 1 of the Act. O. Reg. 547/07, s. 1.

Exemptions re Various Parts of Act

Exemptions from Parts VII to XI of Act

2. (1) Parts VII, VIII, IX, X and XI of the Act do not apply to a person employed,

(a) as a duly qualified practitioner of,

(i) architecture,

(ii) law,

(iii) professional engineering,

(iv) public accounting,

(v) surveying, or

(vi) veterinary science;

(b) as a duly registered practitioner of,

(i) chiropody,

(ii) chiropractic,

(iii) dentistry,

(iv) massage therapy,

(v) medicine,

(vi) optometry,

(vii) pharmacy,

(viii) physiotherapy, or

(ix) psychology;

(c) as a duly registered practitioner under the Drugless Practitioners Act;

(d) as a teacher as defined in the Teaching Profession Act;

(e) as a student in training for an occupation mentioned in clause (a), (b), (c) or (d);

(f) in commercial fishing;

(g) as a salesperson or broker, as those terms are defined in the Real Estate and Business Brokers Act, 2002; or

(h) as a salesperson, other than a route salesperson, who is entitled to receive all or any part of his or her remuneration as commissions in respect of offers to purchase or sales that,

(i) relate to goods or services, and

(ii) are normally made away from the employer’s place of business. O. Reg. 285/01, s. 2 (1); O. Reg. 92/06, s. 1.

(2) Subject to sections 24, 25, 26 and 27 of this Regulation, Parts VII, VIII, IX, X and XI of the Act do not apply to a person employed on a farm whose employment is directly related to the primary production of eggs, milk, grain, seeds, fruit, vegetables, maple products, honey, tobacco, herbs, pigs, cattle, sheep, goats, poultry, deer, elk, ratites, bison, rabbits, game birds, wild boar and cultured fish. O. Reg. 285/01, s. 2 (2).

Special Rule re Emergency Leave

Special rule re emergency leave

3. Section 50 of the Act does not apply to any of the following persons in circumstances in which the exercise of the entitlement would constitute an act of professional misconduct or a dereliction of professional duty:

1. A person described in clause 2 (1) (a), (c), (d) or (e).

2. A person employed as a registered practitioner of a health profession set out in Schedule 1 to the Regulated Health Professions Act, 1991, including a person described in clause 2 (1) (b). O. Reg. 285/01, s. 3.

Exemption re Certain Deductions, Etc.

Fees, s. 28 of Ontario Municipal Employees Retirement System Act, 2006

3.1 (1) An employer is exempted from the application of section 13 of the Act if the employer participates in an OMERS pension plan under the Ontario Municipal Employees Retirement System Act, 2006, but only with respect to fees that a by-law made under section 28 of that Act requires employees to pay. O. Reg. 444/07, s. 1.

(2) Subsection (1) applies only if the employer remits the fees in accordance with the by-law. O. Reg. 444/07, s. 1.

Exemptions re Hours of Work and Eating Periods

Exemptions from Part VII of Act

4. (1) Sections 17, 18 and 19 of the Act do not apply to,

(a) a person employed as a firefighter as defined in section 1 of the Fire Protection and Prevention Act, 1997;

(b) a person whose work is supervisory or managerial in character and who may perform non-supervisory or non-managerial tasks on an irregular or exceptional basis;

(c) a person employed as a fishing or hunting guide;

(d) a construction employee;

(e) a person who is employed as the superintendent, janitor or caretaker of a residential building and resides in the building; or

(f) a person employed as an embalmer or funeral director. O. Reg. 285/01, s. 4 (1).

(2) Sections 17 and 19 of the Act do not apply to a person employed,

(a) as a landscape gardener; or

(b) to install and maintain swimming pools. O. Reg. 285/01, s. 4 (2).

(3) Part VII of the Act does not apply to,

(a) a person whose employment is directly related to,

(i) the growing of mushrooms,

(ii) the growing of flowers for the retail and wholesale trade,

(iii) the growing, transporting and laying of sod,

(iv) the growing of trees and shrubs for the wholesale and retail trade,

(v) the breeding and boarding of horses on a farm, or

(vi) the keeping of furbearing mammals, as defined in the Fish and Wildlife Conservation Act, 1997, for propagation or the production of pelts for commercial purposes;

(b) an information technology professional; or

(c) a person employed in the recorded visual and audio-visual entertainment production industry. O. Reg. 285/01, s. 4 (3); O. Reg. 552/05, s. 2.

Establishment of Minimum Wage

Minimum wage

5. (1) Until March 30, 2008, the prescribed minimum wage is as follows:

1. For an employee who is a student under 18 years of age, if the weekly hours of the student are not in excess of 28 hours or if the student is employed during a school holiday, $7.50 an hour.

2. For an employee who, as a regular part of his or her employment, serves liquor directly to customers, guests, members or patrons in premises for which a licence or permit has been issued under the Liquor Licence Act, $6.95 an hour.

3. For the services of a hunting or fishing guide, $40.00 for less than five consecutive hours in a day and $80.00 for five or more hours in a day whether or not the hours are consecutive.

4. For an employee who is a homeworker, 110 per cent of the amount set out in paragraph 5.

5. For any other employee, $8.00 an hour. O. Reg. 294/07, s. 1 (1).

(1.1) From March 31, 2008 until March 30, 2009, the prescribed minimum wage is as follows:

1. For an employee who is a student under 18 years of age, if the weekly hours of the student are not in excess of 28 hours or if the student is employed during a school holiday, $8.20 an hour.

2. For an employee who, as a regular part of his or her employment, serves liquor directly to customers, guests, members or patrons in premises for which a licence or permit has been issued under the Liquor Licence Act, $7.60 an hour.

3. For the services of a hunting or fishing guide, $43.75 for less than five consecutive hours in a day and $87.50 for five or more hours in a day whether or not the hours are consecutive.

4. For an employee who is a homeworker, 110 per cent of the amount set out in paragraph 5.

5. For any other employee, $8.75 an hour. O. Reg. 294/07, s. 1 (1).

(1.2) From March 31, 2009 until March 30, 2010, the prescribed minimum wage is as follows:

1. For an employee who is a student under 18 years of age, if the weekly hours of the student are not in excess of 28 hours or if the student is employed during a school holiday, $8.90 an hour.

2. For an employee who, as a regular part of his or her employment, serves liquor directly to customers, guests, members or patrons in premises for which a licence or permit has been issued under the Liquor Licence Act, $8.25 an hour.

3. For the services of a hunting or fishing guide, $47.50 for less than five consecutive hours in a day and $95.00 for five or more hours in a day whether or not the hours are consecutive.

4. For an employee who is a homeworker, 110 per cent of the amount set out in paragraph 5.

5. For any other employee, $9.50 an hour. O. Reg. 294/07, s. 1 (1).

(1.3) From March 31, 2010 onwards, the prescribed minimum wage is as follows:

1. For an employee who is a student under 18 years of age, if the weekly hours of the student are not in excess of 28 hours or if the student is employed during a school holiday, $9.60 an hour.

2. For an employee who, as a regular part of his or her employment, serves liquor directly to customers, guests, members or patrons in premises for which a licence or permit has been issued under the Liquor Licence Act, $8.90 an hour.

3. For the services of a hunting or fishing guide, $51.25 for less than five consecutive hours in a day and $102.50 for five or more hours in a day whether or not the hours are consecutive.

4. For an employee who is a homeworker, 110 per cent of the amount set out in paragraph 5.

5. For any other employee, $10.25 an hour. O. Reg. 294/07, s. 1 (1).

(1.4) Revoked: O. Reg. 294/07, s. 1 (1).

(2) If the calculation under paragraph 4 of subsection (1), (1.1), (1.2) or (1.3), as the case may be, results in an hourly minimum wage that is an amount ending in a fraction of a cent, the hourly minimum wage shall be rounded up to the nearest cent. O. Reg. 285/01, s. 5 (2); O. Reg. 401/03, s. 1 (2); O. Reg. 294/07, s. 1 (2).

(3) If an employee falls within both paragraphs 1 and 4 of subsection (1), (1.1), (1.2) or (1.3), as the case may be, the employer shall pay the employee not less than the minimum wage set out in paragraph 4. O. Reg. 285/01, s. 5 (3); O. Reg. 401/03, s. 1 (3); O. Reg. 294/07, s. 1 (3).

(4) If an employer provides room or board to an employee, the following are the amounts that shall be deemed to have been paid as wages for the purposes of determining whether the minimum wage set out in subsection (1), (1.1), (1.2) or (1.3), as the case may be, has been paid:

Room

$31.70 a week if the room is private and $15.85 a week if the room is not private.

Board

$2.55 a meal and not more than $53.55 a week.

Both room and board

$85.25 a week if the room is private and $69.40 a week if the room is not private.

O. Reg. 285/01, s. 5 (4); O. Reg. 401/03, s. 1 (4); O. Reg. 294/07, s. 1 (4).

(5) The amount provided in subsection (4) in respect of a room shall be deemed to have been paid as wages only if the room is,

(a) reasonably furnished and reasonably fit for human habitation;

(b) supplied with clean bed linen and towels; and

(c) reasonably accessible to proper toilet and wash-basin facilities. O. Reg. 285/01, s. 5 (5).

(6) Room or board shall not be deemed to have been paid by the employer to an employee as wages unless the employee has received the meals or occupied the room. O. Reg. 285/01, s. 5 (6).

(7) For the purpose of determining whether an employee other than a student has been paid the minimum wage set out in subsection (1), (1.1), (1.2) or (1.3), as the case may be, the employee shall be deemed to have worked for three hours if he or she,

(a) regularly works more than three hours a day;

(b) is required to present himself or herself for work; and

(c) works less than three hours. O. Reg. 285/01, s. 5 (7); O. Reg. 401/03, s. 1 (5); O. Reg. 294/07, s. 1 (5).

(8) Subsection (7) does not apply if the employer is unable to provide work for the employee because of fire, lightning, power failure, storms or similar causes beyond the employer’s control that result in the stopping of work. O. Reg. 285/01, s. 5 (8).

s. 23 (4) of Act, change to minimum wage during pay period

5.1 If the prescribed minimum wage applicable with respect to an employee changes during a pay period, the calculations required by subsection 23 (4) of the Act shall be performed as if the pay period were two separate pay periods, the first consisting of the part falling before March 31 in the relevant year and the second consisting of the part falling on and after March 31 in that year. O. Reg. 401/03, s. 2; O. Reg. 294/07, s. 2.

When work deemed to be performed

6. (1) Subject to subsection (2), work shall be deemed to be performed by an employee for the employer,

(a) where work is,

(i) permitted or suffered to be done by the employer, or

(ii) in fact performed by an employee although a term of the contract of employment expressly forbids or limits hours of work or requires the employer to authorize hours of work in advance;

(b) where the employee is not performing work and is required to remain at the place of employment,

(i) waiting or holding himself or herself ready for call to work, or

(ii) on a rest or break-time other than an eating period. O. Reg. 285/01, s. 6 (1).

(2) Work shall not be deemed to be performed for an employer during the time the employee,

(a) is entitled to,

(i) take time off work for an eating period,

(ii) take at least six hours or such longer period as is established by contract, custom or practice for sleeping and the employer furnishes sleeping facilities, or

(iii) take time off work in order to engage in the employee’s own private affairs or pursuits as is established by contract, custom or practice;

(b) is not at the place of employment and is waiting or holding himself or herself ready for call to work. O. Reg. 285/01, s. 6 (2).

Exemptions re Minimum Wage

Exemptions from Part IX of Act

7. Part IX of the Act does not apply to,

(a) a person who is employed as a student in a recreational program operated by a charitable organization registered under Part I of the Income Tax Act (Canada) and whose work or duties are directly connected with the recreational program;

(b) a person employed as a student to instruct or supervise children;

(c) a person employed as a student at a camp for children;

(d) a person who is employed as the superintendent, janitor or caretaker of a residential building and resides in the building. O. Reg. 285/01, s. 7.

Exemptions re Overtime Pay

Exemptions from Part VIII of Act

8. Part VIII of the Act does not apply to,

(a) a person employed as a firefighter as defined in section 1 of the Fire Protection and Prevention Act, 1997;

(b) a person whose work is supervisory or managerial in character and who may perform non-supervisory or non-managerial tasks on an irregular or exceptional basis;

(c) a person employed as a fishing or hunting guide;

(d) a person employed,

(i) as a landscape gardener, or

(ii) to install and maintain swimming pools;

(e) a person whose employment is directly related to,

(i) the growing of mushrooms,

(ii) the growing of flowers for the retail and wholesale trade,

(iii) the growing, transporting and laying of sod,

(iv) the growing of trees and shrubs for the retail and wholesale trade,

(v) the breeding and boarding of horses on a farm, or

(vi) the keeping of furbearing mammals, as defined in the Fish and Wildlife Conservation Act, 1997, for propagation or the production of pelts for commercial purposes;

(f) a person employed as a student to instruct or supervise children;

(g) a person employed as a student at a camp for children;

(h) a person who is employed as a student in a recreational program operated by a charitable organization registered under Part I of the Income Tax Act (Canada) and whose work or duties are directly connected with the recreational program;

(i) a person who is employed as the superintendent, janitor or caretaker of a residential building and resides in the building;

(j) a person employed as a taxi cab driver;

(k) a person employed as an ambulance driver, ambulance driver’s helper or first-aid attendant on an ambulance; or

(l) an information technology professional. O. Reg. 285/01, s. 8.

Exemptions re Public Holidays

Exemptions from Part X of Act

9. (1) Part X of the Act does not apply to,

(a) a person employed as a firefighter as defined in section 1 of the Fire Protection and Prevention Act, 1997;

(b) a person employed as a fishing or hunting guide;

(c) a person employed,

(i) as a landscape gardener, or

(ii) to install and maintain swimming pools;

(d) a person whose employment is directly related to,

(i) mushroom growing,

(ii) the growing of flowers for the retail and wholesale trade,

(iii) the growing, transporting and laying of sod,

(iv) the growing of trees and shrubs for the retail and wholesale trade,

(v) the breeding and boarding of horses on a farm, or

(vi) the keeping of furbearing mammals, as defined in the Fish and Wildlife Conservation Act, 1997, for propagation or the production of pelts for commercial purposes;

(e) a person employed as a student to instruct or supervise children;

(f) a person employed as a student at a camp for children;

(g) a person who is employed as a student in a recreational program operated by a charitable organization registered under Part I of the Income Tax Act (Canada) and whose work or duties are directly connected with the recreational program;

(h) a person who is employed as the superintendent, janitor or caretaker of a residential building and resides in the building;

(i) a person employed as a taxi cab driver; or

(j) a person who is employed as a seasonal employee in a hotel, motel, tourist resort, restaurant or tavern and provided with room and board.

(k) Revoked: O. Reg. 443/08, s. 1.

O. Reg. 285/01, s. 9 (1); O. Reg. 443/08, s. 1.

(2) Part X of the Act does not apply to a construction employee who works in the construction industry and receives 7.7 per cent or more of his or her hourly rate or wages for vacation pay or holiday pay. O. Reg. 285/01, s. 9 (2); O. Reg. 586/07, s. 1.

Exemption re Retail Business Establishments

Application of s. 73 of Act

10. (1) Despite section 73 of the Act, an employee in a retail business establishment shall not refuse to work on a Sunday if he or she agreed, at the time of being hired, to work on Sundays. O. Reg. 285/01, s. 10 (1).

(2) Subsection (1) does not apply to an employee who declines to work on a Sunday for reasons of religious belief or religious observance. O. Reg. 285/01, s. 10 (2).

(3) The employer shall not make an employee’s agreement to work on Sundays a condition of being hired if the condition would be contrary to section 11 of the Human Rights Code. O. Reg. 285/01, s. 10 (3).

Special Rules re Homemakers

Homemakers

11. (1) In this section,

“homemaker” means a person who is employed,

(a) to perform homemaking services for a householder or member of a household in the householder’s private residence, and

(b) by a person other than the householder. O. Reg. 285/01, s. 11 (1).

(2) Despite section 6, the hours of work in respect of which a homemaker is to be paid at least the minimum wage shall be not more than 12 hours in a day. O. Reg. 285/01, s. 11 (2).

(3) Parts VII (Hours of Work and Eating Periods) and VIII (Overtime Pay) and paragraph 4 of subsection 15 (1) (record of hours worked) of the Act do not apply to a homemaker who is paid in accordance with subsection (2). O. Reg. 285/01, s. 11 (3).

Special Rules re Homeworkers

Homeworkers

12. (1) The employer of a homeworker shall advise the homeworker in writing of the type of work that he or she is being employed to perform and,

(a) if the homeworker is to be paid according to the number of hours worked, of the amount to be paid for an hour of work in a regular work week;

(b) if the homeworker is to be paid according to the number of articles or things manufactured, of the amount to be paid for each article or thing manufactured in a regular work week; or

(c) if the homeworker is to be paid on some other basis, the basis on which he or she is to be paid. O. Reg. 285/01, s. 12 (1).

(2) If the employer of a homeworker who is paid according to the number of articles or things manufactured requires the manufacture of a certain number of articles or things to be completed by a certain date or time, the employer shall advise the homeworker of those requirements in writing. O. Reg. 285/01, s. 12 (2).

(3) In this section,

“manufacture” includes preparation, improvement, repair, alteration, assembly or completion. O. Reg. 285/01, s. 12 (3).

Special Rules and Exemptions re Overtime Pay

Road building

13. (1) Despite Part VIII of the Act, in the case of an employee engaged at the site of road building in relation to streets, highways or parking lots,

(a) subject to clause (b), the employer shall pay overtime pay for each hour worked in excess of 55 hours in a work week, at an amount not less than one and one-half times the employee’s regular rate; and

(b) if the employee works less than 55 hours in a work week, the difference between 55 hours and the number of hours actually worked, up to an amount not exceeding 22 hours, may be added to the maximum set out in clause (a) for the purpose of determining the employee’s overtime pay for the next work week. O. Reg. 285/01, s. 13 (1).

(2) Despite Part VIII of the Act, in the case of an employee engaged at the site of road building in relation to structures such as bridges, tunnels or retaining walls in connection with streets or highways,

(a) subject to clause (b), the employer shall pay overtime pay for each hour worked in excess of 50 hours in a work week, at an amount not less than one and one-half times the employee’s regular rate; and

(b) if the employee works less than 50 hours in a work week, the difference between 50 hours and the number of hours actually worked, up to an amount not exceeding 22 hours, may be added to the maximum set out in clause (a) for the purpose of determining the employee’s overtime pay for the next work week. O. Reg. 285/01, s. 13 (2).

Hotels, motels, tourist resorts, restaurants and taverns

14. Despite Part VIII of the Act, the employer shall pay an employee who works for the owner or operator of a hotel, motel, tourist resort, restaurant or tavern for 24 weeks or less in a calendar year and who is provided with room and board overtime pay for each hour worked in excess of 50 hours in a work week, at an amount not less than one and one-half times the employee’s regular rate. O. Reg. 285/01, s. 14.

Fresh fruit and vegetable processing

15. Despite Part VIII of the Act, the employer shall pay a seasonal employee whose employment is directly related to the canning, processing and packing of fresh fruits or vegetables or their distribution by the canner, processor or packer overtime pay for each hour worked in excess of 50 hours in a work week, at an amount not less than one and one-half times the employee’s regular rate. O. Reg. 285/01, s. 15.

Sewer and watermain construction

16. Despite Part VIII of the Act, the employer shall pay an employee who is employed in laying, altering, repairing or maintaining sewers and watermain and in work incidental thereto, or in guarding the site during the laying, altering, repairing or maintaining of sewers and watermain, overtime pay for each hour worked in excess of 50 hours in a work week, at an amount not less than one and one-half times the employee’s regular rate. O. Reg. 285/01, s. 16.

Local cartage

17. (1) Despite Part VIII of the Act, the employer shall pay an employee who is a driver of a vehicle or a driver’s helper overtime pay for each hour worked in excess of 50 hours in a work week, at an amount not less than one and one-half times the employee’s regular rate. O. Reg. 285/01, s. 17 (1).

(2) Subsection (1) applies to employees who are,

(a) drivers of vehicles used in the business of carrying goods for hire within a municipality or to any point not more than five kilometres beyond the municipality’s limits; or

(b) drivers’ helpers on such vehicles. O. Reg. 285/01, s. 17 (2).

Highway transport

18. (1) Despite Part VIII of the Act, the employer shall pay an employee to whom this subsection applies overtime pay for each hour worked in excess of 60 hours in a work week, at an amount not less than one and one-half times the employee’s regular rate. O. Reg. 18/06, s. 1.

(2) Subsection (1) applies to an employee who is the driver of any of the following:

1. A truck whose operator held an operating licence under the former Act on December 31, 2005.

2. A truck whose operator held a certificate of intercorporate exemption under the former Act on December 31, 2005, if after that date the truck is operated to carry, for compensation, goods of another person who is not an affiliated corporation under the former Act, such that the operator would be required to hold an operating licence under the former Act if it were still in force.

3. A truck that is operated to carry goods of another person for compensation, if the operator,

i. did not hold an operating licence or a certificate of intercorporate exemption under the former Act on December 31, 2005, and

ii. would be required to hold an operating licence under the former Act if it were still in force. O. Reg. 18/06, s. 1.

(3) For the purposes of paragraph 2 of subsection (2), subsection 3 (6) of the former Act does not apply. O. Reg. 18/06, s. 1.

(4) For the purposes of subparagraph 3 ii of subsection (2), subsections 3 (5) and (6) of the former Act do not apply. O. Reg. 18/06, s. 1.

(5) Subsection (1) does not apply to an employee to whom section 17 applies. O. Reg. 18/06, s. 1.

(6) For the purposes of this section, in computing the number of hours worked by an employee in a week, only the hours during which he or she is directly responsible for the truck shall be included. O. Reg. 18/06, s. 1.

(7) In this section,

“commercial motor vehicle” has the same meaning as in the former Act; (“véhicule automobile utilitaire”)

“former Act” means the Truck Transportation Act; (“ancienne loi”)

“operate” has the same meaning as in the former Act, and “operator” has a corresponding meaning; (“exploiter”, “exploitant”)

“truck” means a commercial motor vehicle or the combination of a commercial motor vehicle and trailer or trailers drawn by it. (“camion”) O. Reg. 18/06, s. 1.

Special Rules re Domestic Workers

Domestic workers

19. (1) A householder shall provide the domestic worker with written particulars of employment respecting,

(a) the regular hours of work, including the starting and finishing times; and

(b) the hourly rate of pay. O. Reg. 285/01, s. 19 (1).

(2) If the householder provides room or board to the domestic employee, the following are the amounts that shall be deemed to have been paid as wages for the purposes of determining whether the minimum wage set out in subsection 5 (1), (1.1), (1.2) or (1.3), as the case may be, has been paid:

Private room

$31.70 a week.

Non-private room

$0.00

Board

$2.55 a meal and not more than $53.55 a week.

Both room and board

$85.25 a week if the room is private and $53.55 a week if the room is not private.

O. Reg. 285/01, s. 19 (2); O. Reg. 401/03, s. 3; O. Reg. 294/07, s. 3.

(3) The amount provided in subsection (2) in respect of a room shall be deemed to have been paid as wages only if the room is,

(a) reasonably furnished and reasonably fit for human habitation;

(b) supplied with clean bed linen and towels; and

(c) reasonably accessible to proper toilet and wash-basin facilities. O. Reg. 285/01, s. 19 (3).

(4) Room or board shall not be deemed to have been paid by the householder to the domestic employee as wages unless the employee has received the meals or occupied the room. O. Reg. 285/01, s. 19 (4).

Special Rules re Residential Care Workers

Residential care workers

20. (1) In this section,

“day” means the 24-hour period between 12:00 midnight on a day and 12:00 midnight on the next day. O. Reg. 285/01, s. 20 (1).

(2) Despite section 6 and subject to subsection (3), the employer shall pay to a residential care worker for each day of work wages in a minimum amount, not less than an amount calculated by multiplying 12 hours by the worker’s regular rate, which shall not be less than the minimum wage. O. Reg. 285/01, s. 20 (2).

(3) If a residential care worker, by arrangement with the employer, is free from the performance of normal and regular duties in a day and as a result works less than 12 hours, the worker shall be paid wages not less than an amount calculated by multiplying the number of hours actually worked by the worker’s regular rate as mentioned in subsection (2). O. Reg. 285/01, s. 20 (3).

(4) In addition to the wage payable under subsection (2), the employer shall pay to a residential care worker not less than the worker’s regular rate for not more than three additional hours worked in excess of 12 hours of work in a day, if the worker,

(a) makes and keeps an accurate daily record of the number of hours worked in the day; and

(b) provides the record to the employer on or before the first pay day after the pay day for the pay period in which the work is performed. O. Reg. 285/01, s. 20 (4).

Free time

21. (1) Despite section 18 of the Act, every employer shall give to a residential care worker not less than 36 hours in each work week, either consecutive or as may be arranged with the consent of the worker, free from the performance of any duties for the employer. O. Reg. 285/01, s. 21 (1).

(2) If the residential care worker consents, at the employer’s request, to do work during a free hour mentioned in subsection (1),

(a) that hour shall be added to one of the next eight 36-hour periods of free time; or

(b) the employer shall pay the residential care worker at least one and one-half times the worker’s regular rate for the time spent doing work during a free hour. O. Reg. 285/01, s. 21 (2).

When work deemed not to be performed

22. Despite section 6, work shall be deemed not to be performed during any time that satisfies the following conditions:

1. The residential care worker spends the time at the dwelling or cottage,

i. attending to private affairs or pursuits, or

ii. resting, sleeping or eating.

2. The time is, by agreement with the employer, free from the performance of any duties. O. Reg. 285/01, s. 22.

Exemptions

23. Parts VII (Hours of Work and Eating Periods) and VIII (Overtime Pay) and paragraph 4 of subsection 15 (1) (record of hours worked) of the Act do not apply to or in respect of a residential care worker. O. Reg. 285/01, s. 23.

Special Rules re Fruit, Vegetable And Tobacco Harvesters

Application

24. Sections 25, 26 and 27 apply to an employee who is employed on a farm to harvest fruit, vegetables or tobacco for marketing or storage. O. Reg. 285/01, s. 24.

Minimum wage

25. (1) For each pay period, the employer shall pay a minimum wage of not less than the amounts set out in subsection 5 (1), (1.1), (1.2) or (1.3), as the case may be. O. Reg. 285/01, s. 25 (1); O. Reg. 401/03, s. 4 (1); O. Reg. 294/07, s. 4 (1).

(2) The employer shall be deemed to comply with subsection (1) if employees are paid a piece work rate that is customarily and generally recognized in the area as having been set so that an employee exercising reasonable effort would, if paid such a rate, earn at least the amounts set out in subsection 5 (1), (1.1), (1.2) or (1.3), as the case may be. O. Reg. 285/01, s. 25 (2); O. Reg. 401/03, s. 4 (2); O. Reg. 294/07, s. 4 (2).

(3) Subsection (2) does not apply in respect of an employee described in paragraph 1 of subsection 5 (1), (1.1), (1.2) or (1.3), as the case may be. O. Reg. 285/01, s. 25 (3); O. Reg. 401/03, s. 4 (3); O. Reg. 294/07, s. 4 (3).

(4) For the purposes of this section,

“piece work rate” means a rate of pay calculated on the basis of a unit of work performed. O. Reg. 285/01, s. 25 (4).

(5) If an employer provides room or board to an employee, the following are the amounts which shall be deemed to have been paid by the employer to the employee as wages for the purposes of determining whether the minimum wage set out in subsection 5 (1), (1.1), (1.2) or (1.3), as the case may be, has been paid:

Serviced housing accommodation

$99.35 a week.

Housing accommodation

$73.30 a week.

Room

$31.70 a week if the room is private and $15.85 a week if the room is not private.

Board

$2.55 a meal and not more than $53.55 a week.

Both room and board

$85.25 a week if the room is private and $69.40 a week if the room is not private.

O. Reg. 285/01, s. 25 (5); O. Reg. 401/03, s. 4 (4); O. Reg. 294/07, s. 4 (4).

(6) The amount provided in subsection (5) in respect of housing accommodation shall be deemed to have been paid as wages only if the accommodation,

(a) is reasonably fit for human habitation;

(b) includes a kitchen with cooking facilities;

(c) includes at least two bedrooms or a bedroom and a living room; and

(d) has its own private toilet and washing facilities. O. Reg. 285/01, s. 25 (6).

(7) The amount provided in subsection (5) in respect of serviced housing accommodation shall be deemed to have been paid as wages only if,

(a) the accommodation complies with clauses (6) (a) to (d); and

(b) light, heat, fuel, water, gas or electricity are provided at the employer’s expense. O. Reg. 285/01, s. 25 (7).

(8) The amount provided in subsection (5) in respect of a room shall be deemed to have been paid as wages only if the room is,

(a) reasonably furnished and reasonably fit for human habitation;

(b) supplied with clean bed linen and towels; and

(c) reasonably accessible to proper toilet and wash-basin facilities. O. Reg. 285/01, s. 25 (8).

(9) Room or board shall not be deemed to have been paid by the employer to an employee as wages unless the employee has received the meals or occupied the room. O. Reg. 285/01, s. 25 (9).

Vacation or vacation pay

26. (1) If an employee has been employed by the employer for 13 weeks or more, the employer shall, in accordance with Part XI of the Act,

(a) give the employee a vacation with pay; or

(b) pay the employee vacation pay. O. Reg. 285/01, s. 26 (1).

(2) An employee entitled to vacation pay under subsection (1) earns vacation pay from the commencement of his or her employment. O. Reg. 285/01, s. 26 (2).

(3) Section 41 of the Act does not apply to the employee. O. Reg. 285/01, s. 26 (3).

Public holidays

27. (1) Part X of the Act applies to an employee who has been employed by an employer for a period of 13 weeks or more. O. Reg. 285/01, s. 27 (1).

(2) For the purposes of this section, an employee shall be deemed to be employed in a continuous operation. O. Reg. 285/01, s. 27 (2).

(3) Revoked: O. Reg. 443/08, s. 2.

Special Rules re Commission Automobile Sales Sector

Commission automobile sales sector

28. (1) This section applies with respect to employees who sell automobiles partially or exclusively on a commission basis. O. Reg. 285/01, s. 28 (1).

(2) For each pay period, the employer shall pay to each employee an amount that is at least equal to the amount the employee would have earned at the minimum wage set out in subsection 5 (1), (1.1), (1.2) or (1.3), as the case may be. O. Reg. 285/01, s. 28 (2); O. Reg. 401/03, s. 5; O. Reg. 294/07, s. 5.

(3) A pay period shall not exceed one month. O. Reg. 285/01, s. 28 (3).

(4) Payments made to an employee shall be reconciled with wages earned by the employee for each reconciliation period. O. Reg. 285/01, s. 28 (4).

(5) No balance shall be carried forward past any reconciliation period. O. Reg. 285/01, s. 28 (5).

(6) The reconciliation of payments made to an employee and wages earned by an employee shall not result in any employee receiving less than the prescribed minimum wage for any pay period. O. Reg. 285/01, s. 28 (6).

(7) For each year, the reconciliation periods shall be:

1. January 1 - March 31.

2. April 1 - June 30.

3. July 1 - September 30.

4. October 1 - December 31. O. Reg. 285/01, s. 28 (7).

(8) If an employee’s employment terminates before the end of a reconciliation period, payments made to the employee shall be reconciled with wages earned by him or her, and subsection (6) applies. O. Reg. 285/01, s. 28 (8).

29. Revoked: O. Reg. 443/08, s. 3.

Director’s Approvals

30., 31. Revoked: O. Reg. 50/05, s. 1.

Certain approved agreements irrevocable

32. (1) Despite subsection 17 (6) of the Act, an agreement under subsection 17 (2) of the Act that was made at the time of the employee’s hiring and that has been approved by the Director is irrevocable unless both the employer and the employee agree to its revocation. O. Reg. 285/01, s. 32 (1); O. Reg. 50/05, s. 2.

(2) The Director may impose conditions in granting an approval. O. Reg. 285/01, s. 32 (2).

Exemption Re Certain Existing Arrangements

Existing arrangements for long shifts

32.1 (1) Clause 17 (1) (a) of the Act does not apply with respect to the class of employees each of whom,

(a) has an arrangement described in subsection (2) with an employer to whom a permit was issued under section 18 of the Employment Standards Act; and

(b) is not required by the employer to work more than 10 hours a day. O. Reg. 361/01, s. 1.

(2) The arrangement,

(a) provides that the employee is willing to work, at the employer’s request, more hours per day than the number of hours in his or her regular work day;

(b) was made at or before the time of the employee’s hiring and before September 4, 2001; and

(c) has not been revoked by the mutual consent of the employer and employee. O. Reg. 361/01, s. 1.

(3) The terms of the arrangement need not be reduced to writing. O. Reg. 361/01, s. 1.

33. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 285/01, s. 33.

The Employment Standards Act, with some exceptions, regulates working conditions in Ontario and spells out processes for enforcement and compliance by the Ministry of Labour's Employment Standards Branch, which is also charged with providing information and education. Among other things, the act addresses hours of work, minimum wage, overtime, various types of leaves, vacation, termination of employment, severance and temporary help agencies.

• Deadlines for filing complaints about violations of the Employment Standards Act vary according to the nature of the infraction. For instance, you have six months from the date the problem occurred to complain about a monetary matter. If it's vacation pay that is at issue or if the employer has committed multiple infractions of the same standard, the complaint must be filed within 12 months. Complaints for non-monetary issues must be filed within two years.

• Complaints are investigated by an officer of the Employment Standards Branch who can issue orders to comply. Should an employer fail to do so, the matter may be referred to Ontario's Labour Relations Board.

Prince Edward Island

Read Regulations

APPLICATION
2. (1) Except as otherwise expressly provided, this Act applies to all employers and employees.
(2) Notwithstanding subsection (1), only those provisions of this Act relating to the payment and protection of pay apply to the following employees:
(a) salespersons whose income is derived primarily from commission on sales; and
(b) farm labourers.
(3) Notwithstanding subsection (1), the provisions of sections 5 and 15 do not apply to
(a) persons employed for the sole purpose of protecting and caring for children, handicapped or aged persons in private homes; and
(b) employees of a non-profit organization who are required by the terms of their employment to live-in at a facility operated by the organization.
(4) Notwithstanding subsection (1), only the following provisions of this Act apply to employees whose terms and conditions of work are established by a collective agreement pursuant to the Labour Act R.S.P.E.I. 1988, Cap. L-1:
pay period
private home
regular rate of
wages
regulations
wages
week
work week
Application
Exception, farm
labourers and
salespersons
Idem, home care
workers
Idem, employees
with a collective
agreement

Employment Standards Act Cap. E-6.2 3
3. (a) those provisions relating to parental, maternity and adoption leave as contained in sections 18 to 22;
(b) those provisions relating to sexual harassment as contained in sections 24 to 28;
(c) those provisions relating to payment and protection of pay, payroll records and notice of prosecution as contained in sections 30 to 39;
(d) those provisions relating to compassionate care leave as contained in section 22.3;
(e) those provisions relating to paid holidays as contained in sections 6 to 10.
(5) For the purposes of subsection (2), “farm labourers” does not include employees in an undertaking that, in the opinion of the board, is a commercial undertaking. 1992,c.18,s.2; 2003,c.4,s.2; 2008,c.42,s.1.

The Employment Standards Act protects P.E.I.'s workforce by regulating such things as minimum wage rates, vacation pay, statutory holidays, notice of termination, maternity/parental leave and overtime pay.

• The Prince Edward Island act does not apply to farm labourers or people whose main source of income is sales commissions.

• The act requires that an employer "confirm with an Employment Standards Branch inspector that a contract employee was made aware they were hired as a self-employed person, that the amount agreed upon is all monies to be paid and that the employer has no further obligations under the act, i.e., vacation pay, statutory holidays, etc.”

• The branch performs regular workplace inspections and routinely offers information sessions to employers and workers.

• Complaints about violations of the act are handled at the branch level. If a dispute is unresolved, it will be referred to the Employment Standards Board, an independent tribunal that is ultimately responsible for interpretation and enforcement of the Employment Standards Act.

• There is a two-year statute of limitations after which an employer cannot be prosecuted for a violation of the act.

Quebec

Read Regulations

Quebec - Regulations and Exemptions

Regulation respecting labour standards

An Act respecting labour standards
(R.S.Q., c. N-1.1, ss. 88, 89 and 91)

DIVISION I
DEFINITIONS AND INTERPRETATION

1. In this Regulation, unless the context requires otherwise, the following mean:

«remote area»: an area that is inaccessible by a passable road and where no regular transport system connects it to the Québec road network;

«forestry operation»:

(1) an enterprise engaged in felling, stripping, cutting into lengths, transporting and loading wood on trucks, boats or railroad cars; mills or establishments where sawing or hewing are carried out exclusively for forestry operations, save for work involved in the transformation of wood once it leaves the forest;

(2) an enterprise carrying out in the forest the construction and maintenance of roads, camps, locks, pillars, loading and floating facilities;

(3) an enterprise carrying out works to enhance, clear, reforest, drain and irrigate forest land;

(4) an enterprise to float logs;

(5) an enterprise to protect forests;

(6) an enterprise engaged in clearing for the purpose of constructing roads, highways, dams, transmission lines or any similar work in the forest;

(7) an enterprise of a jobber, contractor, subcontractor or an intermediary who carries out his activities in the forest for the benefit of one of the enterprises mentioned above;

(8) an enterprise of a lessee who leased the exclusive rights to hunt and fish part of the territory in the public land;

(9) an enterprise of an association mandated by the Minister of the Environment and Wildlife in order to manage the wildlife on public land;

(10) an enterprise of a hunting and fishing outfitter;

«employee who receives gratuities or tips»: an employee who ordinarily receives gratuities or tips and who works

(1) in an establishment that offers lodging to tourists in return for payment, including a campground;

(2) in a place where alcoholic beverages are sold for consumption on the premises;

(3) for an enterprise that sells, delivers or serves meals to be eaten off the premises; or

(4) in a restaurant, except if it is a place where the main activity consists in the providing of food services to customers who order or choose the items at a service counter and who pay before eating;

«sawmill»: establishment where one of the following operations is carried out: sawing, cutting up, planning and all related operations such as drying, piling and delivery, but not including assembly;

«works on the territory of the James Bay region»: works carried out on the territory of the James Bay region and realized under the charge of Hydro-Québec, the Société d'énergie de la Baie James or the Société de développement de la Baie James.

R.R.Q., 1981, c. N-1.1, r. 3, s. 1; S.Q., 1986, c. 89, s. 50; O.C. 1288-90, s. 1; S.Q., 1994, c. 17, s. 77; O.C. 638-2003, s. 1.

DIVISION II
MINIMUM WAGE

2. The minimum wage established in this Division does not apply to the following employees:

(1) student employed in a non-profit organization having social or community purposes, such as a vacation camp or a recreational organization;

(2) trainee under a programme of vocational training recognized by law;

(3) trainee under a programme of vocational integration under section 61 of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (R.S.Q., c. E-20.1);

(4) employee entirely on commission who works in a commercial undertaking outside the establishment and whose working hours cannot be controlled;

(5) (paragraph deleted);

(6) an employee assigned mainly to non-mechanized operations relating to the picking of processing vegetables. (This paragraph will cease to have effect on 1 January 2010.)

R.R.Q., 1981, c. N-1.1, r. 3, s. 2; O.C. 638-2003, s. 2; O.C. 525-2004, s. 1; O.C. 283-2007, s. 3.

3. Subject to section 4 and except to the extent provided for in section 4.1, the minimum wage payable to an employee is $9 per hour.

R.R.Q., 1981, c. N-1.1, r. 3, s. 3; O.C. 1394-86, s. 1; O.C. 1340-87, s. 1; O.C. 1316-88, s. 1; O.C. 1468-89, s. 1; O.C. 1288-90, s. 2; O.C. 1201-91, s. 1; O.C. 1292-92, s. 1; O.C. 1237-93, s. 1; O.C. 1375-94, s. 1; O.C. 1209-95, s. 1; O.C. 1150-96, s. 1; O.C. 1193-97, s. 1; O.C. 1148-98, s. 1; O.C. 1457-2000, s. 1; O.C. 959-2002, s. 1; O.C. 638-2003, s. 3; O.C. 327-2004, s. 1; O.C. 525-2004, s. 2; O.C. 306-2006, s. 1; O.C. 283-2007, s. 1; O.C. 311-2008, s. 1; O.C. 449-2009, s. 1.

4. The minimum wage payable to an employee who receives gratuities or tips is $8 per hour.

R.R.Q., 1981, c. N-1.1, r. 3, s. 4; O.C. 1394-86, s. 1; O.C. 1340-87, s. 2; O.C. 1316-88, s. 2; O.C. 1468-89, s. 2; O.C. 1288-90, s. 3; O.C. 1201-91, s. 2; O.C. 1292-92, s. 2; O.C. 1237-93, s. 2; O.C. 1375-94, s. 2; O.C. 1209-95, s. 2; O.C. 1150-96, s. 2; O.C. 1193-97, s. 2; O.C. 1148-98, s. 2; O.C. 1457-2000, s. 2; O.C. 959-2002, s. 2; O.C. 638-2003, s. 4; O.C. 327-2004, s. 2; O.C. 306-2006, s. 1; O.C. 283-2007, s. 1; O.C. 311-2008, s. 2; O.C. 449-2009, s. 2.

4.1. The minimum wage payable to an employee assigned mainly to non-mechanized operations relating to the picking of raspberries, strawberries or apples is established on the basis of yield according to the following rules:

(1) for an employee assigned to the picking of raspberries: $0.553 per 250 ml container;

(2) for an employee assigned to the picking of strawberries: $0.251 per 551 ml container;

(3) for an employee assigned to the picking of apples:

(a) for dwarf apple trees: $1.33 per bushel;

(b) for semi-dwarf apple trees: $1.65 per bushel; and

(c) for standard apple trees: $1.89 per bushel.

However, an employee may not, on an hourly basis and for reasons beyond the employee's control and linked to the state of the fields or fruit, earn less than the minimum wage rate prescribed in section 3.

For the purposes of subparagraph 3 of the first paragraph, “bushel” means a unit of measurement of produce equal to 19.05 kilograms.

O.C. 525-2004, s. 3; O.C. 306-2006, s. 2; O.C. 283-2007, s. 2; O.C. 311-2008, s. 3; O.C. 449-2009, s. 3.

5. (Revoked).

R.R.Q., 1981, c. N-1.1, r. 3, s. 5; O.C. 1394-86, s. 1; O.C. 1340-87, s. 3; O.C. 1316-88, s. 3; O.C. 1468-89, s. 3; O.C. 1288-90, s. 4; O.C. 1201-91, s. 3; O.C. 1292-92, s. 3; O.C. 1237-93, s. 3; O.C. 1375-94, s. 3; O.C. 1209-95, s. 3; O.C. 1150-96, s. 3; O.C. 1193-97, s. 3; O.C. 1148-98, s. 3; O.C. 1457-2000, s. 3; O.C. 959-2002, s. 3; O.C. 638-2003, s. 5.

DIVISION III
MAXIMUM AMOUNT TO BE PAID BY EMPLOYEES FOR ROOM AND MEALS

6. When working conditions oblige the employee to reside or to take his meals in the employer's establishment or residence, the maximum amount he can charge an employee for a room and meals or the one or the other is:

(1) 1,50 $ per meal up to 20,00 $ per week;

(2) 20,00 $ per week for the room;

(3) 40,00 $ per week for a room and meals.

R.R.Q., 1981, c. N-1.1, r. 3, s. 6; O.C. 1292-92, s. 4; O.C. 1224-96, s. 1.

7. Section 6 does not apply to an employee who works in an institution subject to subparagraph a of the first paragraph of section 1 of the Act respecting health services and social services (R.S.Q., c. S-5).

R.R.Q., 1981, c. N-1.1, r. 3, s. 7; S.Q., 1992, c. 21, s. 375.

DIVISION IV
STANDARD WORKWEEK

8. (Revoked).

R.R.Q., 1981, c. N-1.1, r. 3, s. 8; O.C. 1209-95, s. 4; O.C. 1193-97, s. 4; O.C. 638-2003, s. 5.

9. The standard workweek of the watchman who guards a property for an enterprise supplying a surveillance service is 44 hours.

The standard workweek for any other watchman is 60 hours.

R.R.Q., 1981, c. N-1.1, r. 3, s. 9.

10. The standard workweek for an employee working in a forestry operation is 47 hours.

R.R.Q., 1981, c. N-1.1, r. 3, s. 10.

11. The standard workweek for an employee working in a sawmill is 47 hours.

R.R.Q., 1981, c. N-1.1, r. 3, s. 11.

12. The standard workweek for an employee working in a remote area is 55 hours.

R.R.Q., 1981, c. N-1.1, r. 3, s. 12.

13. The standard workweek of the employee who works on the James Bay territory is 55 hours.

Labour standards in Quebec are overseen by the Commission des norms du travail which, by Statistics Canada's reckoning, cover 92 per cent of employees (56 per cent have the act as their only protection). The act sets minimum standards for such things as wages, hours of work, statutory holidays, leaves of absence, sick leave and notice of termination.

• The act provides for recourse against dismissal if it can be shown that it was not for “good and sufficient cause.”

• The conditions contained in any agreement between employer and employee must not be less than those set out in the act.

• As in other jurisdictions, certain types of occupations are excluded from provisions of the act.

• Complaints about labour standards violations must be filed within 45 days of the infraction or your dismissal.

Saskatchewan

Read Regulations

Saskatchewan - Regulations and Exemptions

CHAPTER L-1 REG 5
The Labour Standards Act

TITLE AND INTERPRETATION

Title
1 These regulations may be cited as The Labour Standards Regulations, 1995.
Interpretation
2(1) In these regulations:
(a) “Act” means The Labour Standards Act;
(b) “approved home” means an approved home within the meaning of The Mental Health Services Act and the regulations made pursuant to that Act or a private-service home certified or licensed pursuant to The Residential Services Act and the regulations made pursuant to that Act;
(b.1) “care provider” means an employee who provides services in the private residence of the employer or a private residence of a member of the employer’s immediate family that relate to the provision of care and supervision of a person who is a member of the immediate family of the employer;
(c) “city” means a city within the meaning of The Urban Municipality Act, 1984, and includes the City of Lloydminster;
(c.1) “commercial hog operation” means any undertaking:
(i) that is engaged in the breeding, farrowing, weaning or finishing of porcine animals; and
(ii) that employs six or more full-time-equivalent employees calculated in accordance with subsection 24(3) or (4);
(d) “domestic worker” means an employee who provides services in the private residence of the employer that relate to the management and operation of that residence;
(d.1) “finishing” means bringing the animal to market weight in preparation for slaughter but does not include the slaughter of the animal;
(e) “full-time employee” means an employee who regularly works full-time hours;

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4
(f) “full-time hours”, with respect to a place of employment, means the greater of:
(i) the hours established by the employer for that place of employment;
or
(ii) 30 hours per week;
(f.1) “immediate family” means:
(i) a spouse of an employer;
(ii) a parent, grandparent, child, brother or sister of an employer; or
(iii) a parent, grandparent, child, brother or sister of the spouse of an employer;
(f.2) “live-in care provider” means a care provider who resides in the private residence in which he or she provides the services described in clause (b.1);
(f.3) “live-in domestic worker” means a domestic worker who resides in the private residence in which he or she provides the services described in clause (d);
(g) “minimum wage” means the hourly minimum wage fixed pursuant to subsection 15(4) of the Act;
(h) “oil truck driver” means an employee who is employed principally in delivering gasoline, lubricating oils and other petroleum products by truck from a refinery, bulk filling station or other similar premises to farms, garages or automobile service stations, but does not include an employee who regularly travels in the course of his or her duties to two or more cities, towns or villages that are at least 20 kilometres apart;
(i) “public holiday” means a public holiday as defined in section 38 of the Act, and includes any other day agreed to be observed or directed to be observed as a public holiday pursuant to section 40 of the Act;
(j) “residential-service facility” means a residential-service facility certified or licensed pursuant to The Residential Services Act and the regulations made pursuant to that Act;
(k) “rural municipality” means a rural municipality within the meaning of The Rural Municipality Act, 1989;
(l) “sitter” means a person who is employed:
(i) on a temporary basis in a private residence solely to provide care and supervision for a person who is incapable of living independently; or (ii) on a temporary basis not exceeding 21 days in a year to relieve the proprietor of an approved home and whose wages are subsidized in whole or in part; but does not include a person who is employed and working as:
(iii) a nurse;
(iv) a therapist;
(v) a care provider;

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(vi) an employee of a day care facility; or
(vii) an employee of a business or a district health board that is engaged in providing a service described in this clause;
(m) “spouse” means:
(i) the wife or husband of a person; or
(ii) a person with whom that person cohabits and has cohabited as spouses:
(A) continuously for a period of not less than two years; or
(B) in a relationship of some permanence, if they are the parents of a child;
(n) “town” means a town within the meaning of The Urban Municipality Act, 1984 or The Northern Municipalities Act;
(o) “village” means a village or resort village within the meaning of The Urban Municipality Act, 1984 or a northern village within the meaning of The Northern Municipalities Act.
(2) For the purposes of subsection 33(4) of the Act, “monetary loss” means the amount of any non-refundable deposit, penalty or other pre-paid expense that is directly related to an employee’s cancelled holiday and that the employee can verify as having been paid.
(3) For the purposes of section 43 of the Act, “period of employment” means any period of employment that is not interrupted by more than 14 consecutive days.
(4) For the purposes of subsection 48(1.2) of the Act, “regularly informed” means provided with a written statement at regular intervals of 13 weeks or less and, if terminated, within 14 days after termination.
10 Feb 95 cL-1 Reg 5 s2; 7 Feb 97 SR 8/97 s3;
19 Jly 2002 SR 68/2002 s3.

Exemption from Act
3(1) Repealed. 7 Feb 97 SR 8/97 s4.
(2) The Act does not apply to:
(a) employees in an undertaking in which only members of the employer’s immediate family are employed; or
(b) sitters.
(3) Except for sections 48 to 90 of the Act, the Act does not apply to employees who
are commercial fishers or commercial trappers, as defined in The Fuel Tax Regulations, 2000 .
10 Feb 95 cL-1 Reg 5 s3; 7 Feb 97 SR 8/97 s4;
25 May 2007 SR 40/2007 s3.

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6
APPLICATION AND OPERATION OF PART I OF ACT – HOURS OF WORK
Exemption from Part I of Act
4 Part I of the Act does not apply to employees to whom The Fire Departments
Platoon Act applies.
10 Feb 95 cL-1 Reg 5 s4.

Exemption from section 6 of Act – city newspapers
5(1) Subject to subsections (2) and (3), section 6 of the Act does not apply to persons employed as editorial writers, reporters or advertising salespersons by the publisher of a newspaper located in a city.
(2) No employer shall require or permit an employee described in subsection (1) to work or to be at the disposal of the employer for more than 80 hours in any two consecutive weeks unless the employee is paid wages at the rate of time and onehalf for each hour or part of an hour in excess of 80 hours in those two consecutive weeks.
(3) In calculating the number of hours worked in a period of two consecutive weeks during which a public holiday occurs:
(a) the 80-hour standard in each two-week period mentioned in subsection
(2) is reduced by eight hours with respect to each public holiday that occurs in the period; and
(b) no account is to be taken of any time the employee is required to work or to be at the disposal of the employer on a public holiday.
10 Feb 95 cL-1 Reg 5 s5.

Exemption from sections 6 and 12 of Act – commercial hog operation workers 5.1(1) Subsections 6(1) to (3) and section 12 of the Act do not apply to employees employed in commercial hog operations.
(2) No employer shall require or permit an employee described in subsection (1) to work or to be at the disposal of the employer for more than 10 hours in any day or 80 hours in any two consecutive weeks unless the employee is paid wages at the rate of time and one-half for each hour or part of an hour in excess of 10 hours in any day or 80 hours in those two consecutive weeks.
(3) In calculating the number of hours worked in a period of two consecutive weeks during which a public holiday occurs:
(a) the 80-hour standard in each two-week period mentioned in subsection (2) is reduced by eight hours with respect to each public holiday that occurs in the period; and
(b) no account is to be taken of any time in which the employee is required to work or to be at the disposal of the employer on a public holiday.
19 Jly 2002 SR 68/2002 s4.

LABOUR STANDARDS, 1995 L-1 REG 5
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Exemption from section 6 of Act – oil truck drivers
6(1) Subject to subsections (2) to (8), section 6 of the Act does not apply to persons employed as oil truck drivers.
(2) Subject to subsection (8), the employer of an oil truck driver shall show in the records kept pursuant to section 70 of the Act the number of hours, during which the oil truck driver is required or permitted to work or to be at the disposal of the employer, that are in excess of 40 hours in any week and, for the purposes of this section, all of those hours shall accumulate to the credit of the oil truck driver unless they are cancelled in accordance with subsection (3).
(3) Where an oil truck driver is required or permitted to work or to be at the disposal of the employer for less than 40 hours in any week, each hour by which the number of hours during which the oil truck driver is required or permitted to work or to be at the disposal of the employer in that week is less than 40 hours cancels one hour that has already accumulated or may in future accumulate to the credit of the oil truck driver.
(4) On July 1 in each year, the employer of an oil truck driver shall:
(a) determine the number of hours that, as of that date, have accumulated to the credit of the oil truck driver during the previous 12 months and have not been cancelled; and
(b) within 14 days after that date, pay to the oil truck driver wages at the rate of time and one-half for every hour or part of an hour determined pursuant to clause (a).
(5) On payment pursuant to clause (4)(b), the hours determined pursuant to clause (4)(a) are cancelled.
(6) Where the employment of an oil truck driver is terminated by the employer, the employer shall pay to the oil truck driver, in addition to all other amounts due to the oil truck driver, wages at the rate of time and one-half for each hour or part of an hour that, as of the date of the termination of employment, has accumulated to the credit of the oil truck driver and has not been cancelled.
(7) No employer of an oil truck driver shall, with respect to any week in which the employer requires or permits the oil truck driver to work or to be at the disposal of the employer for less than 40 hours, reduce the wages paid to the oil truck driver below the wages paid with respect to any week in which the employer requires or permits the oil truck driver to work or to be at the employer’s disposal for 40 hours or more.
(8) In calculating the number of hours worked in a week in which a public holiday occurs:
(a) the 40-hour standard in a week mentioned in subsection (2) is to be reduced by eight hours with respect to each public holiday that occurs in the week; and
(b) no account is to be taken of any time the oil truck driver is required to work or to be at the disposal of the employer on a public holiday.
10 Feb 95 cL-1 Reg 5 s6.

L-1 REG 5 LABOUR STANDARDS, 1995
8
Exemption from sections 6 and 12 of Act
7 Repealed. 25 May 2007 SR 40/2007 s4.
(2) Sections 6 and 12 of the Act do not apply to the following employees:
(a) employees who are professional practitioners registered or licensed in accordance with any Act or who, while learning their profession, are interns, students-at-law, students in accountancy or other trainees or students; (b) employees of a rural municipality who are engaged solely in the occupation of road construction or maintenance or any occupation in connection with the servicing or repair of road construction or maintenance equipment done on the job, except employees who are engaged in any occupation in connection with the storage, servicing or repair of road construction or maintenance equipment that is done in the warehouse or repair shop of the rural municipality;
(c) employees who:
(i) are employed as salespersons;
(ii) travel regularly in the course of their duties to two or more cities, towns or villages that are at least 20 kilometres apart; and
(iii) receive all of their remuneration as commissions with respect to sales of goods or services or offers to purchase that usually are made at a place other than the employer’s establishment;
(d) Repealed. 25 May 2007 SR 40/2007 s4.
(e) employees in the logging industry, including cooks, cookees, bull cooks and watchmen, but not including any occupation carried on in an office, saw mill or planing mill;
(f) employees who are care providers, other than live-in care providers;
(g) employees who are employed by outfitters, as defined in The Outfitter and Guide Regulations, 2004, who are primarily engaged in outfitting; (h) employees who are primarily engaged in mineral exploration in that part of Saskatchewan north of Township 62, but not including any occupation carried on in an office.
(3) Section 6 of the Act does not apply to persons employed as salesmen as defined in The Motor Dealers Act.
10 Feb 95 cL-1 Reg 5 s7; 7 Feb 97 SR 8/97 s5;
25 May 2007 SR 40/2007 s4.

LABOUR STANDARDS, 1995 L-1 REG 5
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Exemption from sections 6, 12, 13.2 and 15 of Act – residential-service facility workers 8(1) In this section, “operator” means an operator, as defined in The Residential-service Facilities Regulations, who is designated by the employer for the purposes of this section.
(2) Sections 6, 12 and 13.2 of the Act do not apply to an operator of a residential service facility.
(3) Clauses 15(4)(a) and (b) of the Act do not apply to an operator of a residential-service facility during the period commencing on the day this section comes into force and ending on March 31, 1995.
(4) During the period mentioned in subsection (3), the operator of the residential-service facility mentioned in that subsection is entitled to receive a wage for each day’s work in the residential-service facility in an amount that is not less than 22 times the minimum wage.
(5) This section applies to only one person employed at a residential-service facility in any one day.
10 Feb 95 cL-1 Reg 5 s8.

9 Repealed. 1 May 2009 SR 44/2009 s2.
Hourly wage
10(1) Subject to subsections (2) to (4), for the purposes of subsection 6(5) of the Act, where an employee is paid his or her wages on a basis other than an hourly, daily, weekly or monthly basis, the hourly wage of the employee is the amount obtained by dividing the wages of the employee earned during the week, exclusive of overtime, annual holiday pay and public holiday pay, by the lesser of:
(a) 40; and
(b) the actual number of hours worked during the week, exclusive of overtime.
(2) In no case shall an hourly wage be determined to be greater than five times the minimum wage or less than the minimum wage.
(3) Where an employee is paid wages on the basis of distance travelled, the employee’s hourly wage for the purposes of subsection 6(5) of the Act is deemed to be the product of 64 and the rate per kilometre.
(4) The hourly wage for employees who are employed as salespersons and who receive all of their remuneration as commissions is the minimum wage.
10 Feb 95 cL-1 Reg 5 s10.

L-1 REG 5 LABOUR STANDARDS, 1995
10
Exemption from section 13 of Act
11(1) In this section, “retail trade” means the selling or offering for sale to the general public of consumer products for personal, family or household use or consumption.
(2) Section 13 of the Act does not apply to any employee engaged in the control or suppression of prairie and forest fires.
(3) Subject to subsection (4), subsection 13(2) of the Act does not apply to any employer other than an employer primarily engaged in retail trade.
(4) Subsection 13(2) of the Act does not apply to any employer primarily engaged in retail trade:
(a) whose establishment is subject to a municipal bylaw requiring the establishment to be closed during the whole or part of any day of the week other than Saturday, Sunday or Monday; or
(b) who, pursuant to section 7 or 9 of the Act, is exempted from the application of section 6 of the Act.
10 Feb 95 cL-1 Reg 5 s11.

Period of rest - live-in care providers and live-in domestic workers
12(1) Section 13 of the Act does not apply to:
(a) live-in care providers; or
(b) live-in domestic workers.
(2) An employer of an employee who is a live-in care provider or a live-in domestic worker shall grant to the employee a rest period of two consecutive days in every seven days, at a time that is mutually acceptable to the employer and the employee.
7 Feb 97 SR 8/97 s6.

APPLICATION AND OPERATION OF PART II OF ACT – MINIMUM WAGES
Exemption from Part II of Act
13(1) Part II of the Act does not apply to employees who have a physical or mental disability or impairment and who work for a non-profit organization or institution in programs that are educational, therapeutic or rehabilitative.
(2) Subject to subsection (3), Part II of the Act does not apply to:
(a) care providers; or
(b) live-in domestic workers.
(3) The minimum wage established pursuant to Part II of the Act applies for the first eight hours worked in one day by a live-in care provider or a live-in domestic worker.
10 Feb 95 cL-1 Reg 5 s13; 7 Feb 97 SR 8/97 s7.

LABOUR STANDARDS, 1995 L-1 REG 5
11
Cash value of board and lodging
14 Where the cash value of board and lodging received by a live-in care provider or live-in domestic worker from the employer of the live-in care provider or live-in domestic worker has not been determined by the Minimum Wage Board, the charge for room and board that an employer may make is not to exceed $250 per month.
10 Feb 95 cL-1 Reg 5 s14; 7 Feb 97 SR 8/97 s8.

APPLICATION AND OPERATION OF PARTS IV AND IV.1 OF ACT –
MATERNITY LEAVE, PARENTAL LEAVE AND ADOPTION LEAVE
Benefits while on maternity, parental or adoption leave
15(1) For the purposes of subsections 26(3), 29.1(4) and 29.2(4) of the Act, the following are benefit plans that an employee is entitled to continue participating in while taking maternity, parental or adoption leave:
(a) a medical plan;
(b) a dental plan;
(c) a disability or life insurance plan;
(d) a registered retirement savings plan;
(e) a pension plan;
(f) an accidental death or dismemberment plan;
(g) any plan similar to one described in clauses (a) to (f).
(2) For the purposes of subsections 26(3), 29.1(4) and 29.2(4) of the Act,“contributions required by the plan”, with respect to a pension plan, means the cost of benefits of the plan to the persons required to contribute to the plan that are accrued while taking maternity, parental or adoption leave.
10 Feb 95 cL-1 Reg 5 s15.

APPLICATION AND OPERATION OF PART V OF ACT – ANNUAL HOLIDAYS
Uniform entitlement date
16 In order to bring the annual holiday entitlement date of a new employee in line with a uniform annual holiday entitlement date for other employees, an employer may, by agreement with any employee who has been in the employ of the employer for a period of less than one year, grant to that employee an annual holiday amounting to one and one-quarter working days for each month during which the employee has been in the employ of the employer, if:
(a) the employer pays to the employee with respect to that annual holiday the employee’s annual holiday pay for the months with respect to which that annual holiday is granted; and
(b) the employer permits the employee to take that annual holiday in one continuous period.
10 Feb 95 cL-1 Reg 5 s16.

L-1 REG 5 LABOUR STANDARDS, 1995
12
APPLICATION AND OPERATION OF PART VI OF ACT – PUBLIC HOLIDAYS
Application of section 41 of Act
17 Pursuant to section 41 of the Act, the minimum sum of money to be paid for
public holidays for the classes of employees described in sections 18 to 20 of these
regulations is to be determined in the manner prescribed in those sections.
10 Feb 95 cL-1 Reg 5 s17.

Construction
18(1) For the purposes of this section, “construction” means:
(a) the construction, reconstruction, remodelling, repair, renovating, decoration or demolition of any building;
(b) the construction, reconstruction or repair of:
(i) any sewer, drain or gas work;
(ii) any electrical, plumbing or heating undertaking;
(iii) any road or highway or part of a road or highway; or
(iv) any other work of construction; and includes services and undertakings that are incidental to the activities described in clauses (a) and (b).
(2) Subject to any agreement made pursuant to subsection (5), the minimum sum of money to be paid for public holidays by an employer to an hourly-paid employee employed in the construction industry who:
(a) does not work on a public holiday is 4% of the wages, exclusive of overtime and annual holiday pay, earned by the employee in each calendar year;
(b) works on a public holiday is the amount calculated in accordance with clause (a), plus an additional amount equal to one and one-half times the regular rate of wages of the employee for each hour or part of an hour that the employee works or for which the employee is required to be at the disposal of the employer on the public holiday.
(3) The employer shall pay the amount mentioned in clause (2)(a) to the employee on or before the earlier of:
(a) December 31 in the calendar year in which the public holiday occurs; and
(b) if the employee is terminated, 14 days after the day on which the termination of employment takes effect.
(4) The employer shall pay the additional amount mentioned in clause (2)(b) to
the employee in the pay period in which it is earned. (5) Where, in the construction industry, a majority of the employees in an appropriate unit of employees of an employer are represented by a trade union for the purposes of bargaining collectively, the employer and the trade union may agree in writing to be governed by section 39 of the Act with respect to the calculation of minimum sums of money to be paid to an employee for a public holiday.
10 Feb 95 cL-1 Reg 5 s18; 16 Feb 2007

SR 4/2007 s2.
LABOUR STANDARDS, 1995 L-1 REG 5
13
Employees operating well drilling rigs
19 The minimum sum of money to be paid for a public holiday by an employer to an employee who is engaged in the operation of a well drilling rig is:
(a) if the employee does not work on the public holiday, the amount to which the employee would be entitled pursuant to subsection 39(1) of the Act if the employee did not work on that day; and
(b) if the employee works on the public holiday, the total of the amount to which the employee would be entitled pursuant to subsection 39(1) of the Act if the employee did not work on that day and the employee’s regular wages for the time worked.
10 Feb 95 cL-1 Reg 5 s19.

Employees in a hospital, educational institution, nursing home, hotel or restaurant
20(1) Subject to subsection (2), full-time employees employed in a hospital, educational institution, nursing home, hotel or restaurant must be paid for a public holiday in accordance with section 39 of the Act.
(2) Where a public holiday falls on the regular day of work of an employee to whom subsection (1) applies and the employee works on that day, the employee is entitled:
(a) to be paid at the rate of one and one-half times the employee’s regular rate of wages in addition to his or her regular wages; or
(b) to be paid at the rate of one and one-half times the employee’s regular rate of wages and, in addition, to be granted one working day off at the employee’s regular wage within a four-week period during which the public holiday occurs.
10 Feb 95 cL-1 Reg 5 s20.

Employees in commercial hog operations
20.1(1) Subject to subsection (2), employees employed in a commercial hog operation must be paid for a public holiday in accordance with section 39 of the Act.
(2) If a public holiday falls on the regular day of work of an employee to whom subsection (1) applies and the employee works on that day, the employee is entitled:
(a) to elect by written request to receive another day as a holiday designated by the employer within one year of the public holiday; and
(b) notwithstanding subsection 39(1) of the Act, to be paid regular wages for the public holiday on which the employee works and for the designated day on which the employee does not work.
19 Jly 2002 SR 68/2002 s5.

Public holidays falling on Sunday
21(1) For the purposes of Part VI of the Act, where New Year’s Day, Christmas Day or Remembrance Day falls on a Sunday, the Monday following that day is to be observed as a public holiday.
(2) Subsection (1) does not apply to an establishment that is normally open on a Sunday.
10 Feb 95 cL-1 Reg 5 s21.

L-1 REG 5 LABOUR STANDARDS, 1995
14
Exemption from sections 43 and 44 of Act - care-providers
21.1 Sections 43 and 44 of the Act do not apply to employees who are care providers, other than live-in care providers.
7 Feb 97 SR 8/97 s9.

APPLICATION AND OPERATION OF
PART VII OF ACT – EMPLOYEES’ WAGES
Notice – group terminations
22(1) For the purposes of clause 44.1(2)(b) of the Act, an employer shall give written notice of:
(a) four weeks, if the number of employees terminated is 10 or more but less than 50;
(b) eight weeks, if the number of employees terminated is 50 or more but less than 100;
(c) 12 weeks, if the number of employees terminated is 100 or more.
(2) An employer is exempted from giving any written notice pursuant to section 44.1 of the Act to the Minister, any trade union and the employees, if the employees:
(a) are employed pursuant to an arrangement by which the employer may request the employee to come to work at any time for a temporary period and by which the employee has the option to accept or reject one or more of the requests;
(b) are employed for a definite term;
(c) are employed for a specific project to be completed within a period not exceeding 12 months;
(d) are offered and have refused reasonable alternative work or employment by the employer;
(e) are terminated because of a seasonal reduction of the employer’s operations, suspension of those operations or closure of those operations where that reduction, suspension or closure is normal for that employer;
(f) are laid off for a period not exceeding 26 weeks;
(g) have reached the age of retirement that is the established age of retirement for that employer and whose employment has been terminated for that reason; or
(h) are employed pursuant to a contract of employment that is impossible to perform due to an unforeseeable event or circumstance.
(3) An employer is exempted from giving any written notice pursuant to section 44.1 of the Act to employees where:
(a) the employer has applied in writing to the director; and (b) the director is satisfied that giving written notice would be prejudicial to the employer and the employees.

LABOUR STANDARDS, 1995 L-1 REG 5
15
(4) The Government of Saskatchewan is exempted from giving any written notice pursuant to section 44.1 of the Act with respect to employees who are not within the scope of a collective bargaining agreement and are terminated within 30 days after polling day for a general election within the meaning of The Election Act, 1996.
10 Feb 95 cL-1 Reg 5 s22; 16 Nov 2007 SR 119/
2007 s2.

Interpretation of section 45.1 of Act and sections 24 to 26
23(1) In section 45.1 of the Act and in sections 24 to 26 of these regulations,“benefit” means:
(a) the following insurance plans in which the employer pays all or part of
the contributions on behalf of the employee:
(i) a dental plan;
(ii) a group life plan;
(iii) an accidental death and dismemberment plan;
(iv) a plan for employee and dependant coverage for prescription drugs;
or
(b) a plan that provides coverage similar to a plan described in clause (a), but that is self-funded by the employer.
(2) In sections 24 to 26 of these regulations, “full-time student” means a person who is registered for at least 60% of a full course load as:
(a) a pupil within the meaning of The Education Act; or
(b) a student at a university, a regional college, private vocational school or the Saskatchewan Institute of Applied Science and Technology.
10 Feb 95 cL-1 Reg 5 s23.

Exemption re number of employees
24(1) In this section, “all employees”, with respect to an employer, includes all employees employed at all establishments of the employer.
(2) Section 45.1 of the Act does not apply to an employer with less than 10 full-time-equivalent employees or to the employees of those employers.
(3) Subject to subsection (4), for the purposes of subsection (2) and clause 2(1)(c.1), the number of full-time-equivalent employees is to be calculated in accordance with the following formula:
FTE = H
2,080
where:
FTE is the number of full-time-equivalent employees; and
H is the sum of the total number of hours worked by all employees in the
previous year and the number of paid hours associated with annual
holidays and public holidays in the previous year.
L-1 REG 5 LABOUR STANDARDS, 1995
16
(4) For the purposes of subsection (2) and clause 2(1)(c.1), where an employer’s
business has been in existence for more than 13 weeks but less than one full year,
the number of full-time-equivalent employees is to be calculated in accordance with
the following formula:
FTE = H
40 x W
where:
FTE is the number of full-time-equivalent employees;
H is sum of the total number of hours worked by all employees from the of the employer’s business and the number of paid hours associated with annual holidays and public holidays from the date of commencement of the employer’s business; and W is the total number of weeks from the date of the commencement of the employer’s business.
10 Feb 95 cL-1 Reg 5 s24; 19 Jly 2002 SR 68/
2002 s6.

Eligible employees
25(1) In this section and in section 26:
(a) “eligible employee” means an employee who is not a full-time employee and who is eligible for benefits pursuant to section 45.1 of the Act and those provisions of these regulations made for the purposes of section 45.1 of the Act;
(b) “qualifying period” means the period commencing on the employee’s date of hire and ending on the completion of 26 weeks after the date of hire.
(2) Subject to subsection (5), for the purposes of section 45.1 of the Act, an employee becomes an eligible employee when the employee has been continuously employed by the employer for the qualifying period and has worked at least 390 hours in the qualifying period.
(3) After an employee has been employed by the employer for one year, the employee’s eligibility for benefits is to be determined pursuant to subsection (4).
(4) An employee described in subsection (3) is an eligible employee if the employee is currently employed by the employer and the employee:
(a) subject to clause (b), worked a minimum of 780 hours in the previous year; or
(b) if the employee has taken a leave pursuant to the Act in the previous year, would have worked 780 hours in the previous year.
(5) An employee who is a full-time student is not an eligible employee.
LABOUR STANDARDS, 1995 L-1 REG 5
17
(6) If an employee ceases to be a full-time student, the employee shall provide his or her employer with written notice, as soon as possible after ceasing to be a full-time student, of the employee’s change of status.
(7) Where a plan has its own qualifying period before an employee is eligible to receive benefits, the plan’s qualifying period must be applied to the employee beginning on the employee’s date of hire, and the employee becomes eligible to receive benefits as soon as the employee satisfies the requirements of subsection (2) or (4) and the plan’s qualifying period.
(8) At the end of each year, the employer shall, as soon as possible, provide an employee with written notice if the employee has lost his or her eligibility, pursuant to this section, for benefits pursuant to section 45.1 of the Act.
10 Feb 95 cL-1 Reg 5 s25.

Employees’ entitlements
26(1) Where an employer provides benefits to full-time employees who perform services that are entirely of a managerial character, the employer shall provide eligible employees who perform services that are entirely of a managerial character with benefits in accordance with section 45.1 of the Act and these regulations.
(2) Where an employer provides benefits to full-time employees who do not perform services that are entirely of a managerial character, the employer shall provide eligible employees who do not perform services that are entirely of a managerial character with benefits in accordance with section 45.1 of the Act and these regulations.

(3) Subject to subsections (4) to (7):
(a) eligible employees described in subsection (1) are entitled to substantially the same rights and privileges as are full-time employees described in subsection (1) under the benefit plans that are provided to those full-time employees; and
(b) eligible employees described in subsection (2) are entitled to substantially the same rights and privileges as are full-time employees described in subsection (2) under the benefit plans that are provided to those full-time employees.
(4) Subject to subsection (5), in the absence of any benefit formula calculation that exists on the coming into force of these regulations, an eligible employee is entitled to:
(a) 50% of the level of benefits provided to full-time employees where the eligible employee works, on average, 15 or more hours but less than 30 hours per week; and
(b) 100% of the level of benefits provided to full-time employees where the eligible employee works, on average, 30 hours or more per week.
(5) Where a group life plan or accidental death and dismemberment plan provides for a benefit formula based on the employee’s earnings, the level of benefit provided to eligible employees is to be calculated in the same manner as the level of benefit for full-time employees.

L-1 REG 5 LABOUR STANDARDS, 1995
18
(6) Where an employer is required by section 45.1 of the Act and these regulations to provide to eligible employees:
(a) a dental plan, the employer will satisfy the requirements of section 45.1 of the Act and these regulations respecting that dental plan if the employer provides a dental plan for eligible employees, but not necessarily their spouses or dependants, containing the following basic services at the level of benefits determined in accordance with subsection (4):
(i) routine dental examinations at least once every 12 months;
(ii) full mouth X-rays at least once every 24 months;
(iii) fillings;
(iv) extractions;
(v) oral surgery;
(vi) cleaning and scaling, to a maximum of eight units per year;
(vii) space maintainers and relining dentures;
(viii) repair of dentures;
(b) a prescription drug plan, the employer will satisfy the requirements of section 45.1 of the Act and these regulations respecting that prescription drug plan if the employer provides a prescription drug plan for eligible employees and their spouses and dependants that reimburses for the cost of drugs listed in the Saskatchewan Drug Formulary or equivalents of those drugs at the level of benefits determined in accordance with subsection (4);
(c) a group life plan or accidental death and dismemberment plan, the employer will satisfy the requirements of section 45.1 of the Act and these regulations respecting that plan if the employer provides a plan that covers eligible employees, but not necessarily their spouses or dependants, at the level of benefits determined in accordance with subsection (4) or (5).

(7) Where a benefit plan requires contributions to be made by eligible employees, those contributions must:
(a) be paid in the same manner as payments are required to be paid by full time employees;
(b) be in an amount that is in the same proportion to the contributions of full-time employees as the level of benefits to be provided to eligible employees bears to the level of benefits provided to full-time employees; and
(c) be shared between the employer and eligible employees in the same proportion that contributions are shared between the employer and full-time employees.
10 Feb 95 cL-1 Reg 5 s26.

LABOUR STANDARDS, 1995 L-1 REG 5
19
Exemption from subsection 48(1) of Act 27 Subsection 48(1) of the Act does not apply to:
(a) a person who became an employer on or after March 1, 1961, with respect to any employee engaged at a salary expressed as a rate for each period of a month or more of employment, if the employer, not less frequently than once each month during the period of employment, pays to the employee the entire amount of wages to which the employee is entitled up to a day not more than six days before the day of payment; or
(b) an employee of an employer mentioned in clause (a) who is engaged and paid in the manner specified in that clause.
10 Feb 95 cL-1 Reg 5 s27.

Requirements for written statements of holiday pay 28 For the purposes of clause 48(1.1)(b) of the Act, the written statement must be readily detachable from or separate from the employee’s pay cheque or any other form of pay voucher issued in payment of wages.
10 Feb 95 cL-1 Reg 5 s28.

APPLICATION AND OPERATION OF
PART VIII OF ACT – ADMINISTRATION
Amount of deposit
29 For the purposes of subsection 62(3) of the Act, the amount of deposit required:
(a) for clause (a) is the amount set out in the wage assessment to a maximum of $500; and
(b) for clause (b) is $500.
16 Dec 2005 SR 134/2005 s2.

Fees on wage assessments
30(1) For the purposes of section 68.1 of the Act, the fee payable is 10% of the amount of the wage assessment with a minimum fee of $100 and a maximum fee of $500.
(2) The fee prescribed by section 68.1 of the Act is payable on the date that:
(a) the time for an appeal has passed, if there is no appeal respecting the wage assessment; or
(b) the wage assessment is upheld on appeal.
10 Feb 95 cL-1 Reg 5 s30.

Interest rate
31 The rate of interest published pursuant to section 4 of The Pre-judgment Interest Act is prescribed as the rate of interest to be used for the purposes of subsection 62.2(2) of the Act.
10 Feb 95 cL-1 Reg 5 s31.

L-1 REG 5 LABOUR STANDARDS, 1995
20
School boards
32 In relation to teachers as defined in section 2 of The Education Act, clauses 70(1)(e), (f), (j), (k) and (l) of the Act do not apply to boards of education or conseils scolaires.
10 Feb 95 cL-1 Reg 5 s32.

Employee living accommodation
33 Where an employer provides living accommodation for an employee, the employer shall not compel or require the employee to live in or reside in that accommodation if the employee considers the accommodation to be unsuitable, unsafe or unsanitary, unless the director has approved the accommodation as being satisfactory for the purpose.
10 Feb 95 cL-1 Reg 5 s33.

Service on director, registrar of appeals
34(1) For the purposes of section 83.1 of the Act, a document or notice may be served on the director or the registrar of appeals:
(a) by personal service during normal business hours at the business address of the director or the registrar of appeals;
(b) by pre-paid registered or certified mail addressed to the director or the registrar of appeals at the business address of the director or the registrar of appeals; or
(c) by telephone transmission of a facsimile of the document or notice
together with a cover page that indicates:
(i) the title of the person being served;
(ii) the name, address and telephone number of the sender;
(iii) the date and time of the transmission;
(iv) the number of pages transmitted, including the cover page;
(v) the telephone number from which the document is transmitted; and
(vi) the name and telephone number of a person to contact if there are transmission problems.
(2) Where a document or notice is served pursuant to clause (1)(b), service is deemed to have been effected:
(a) on the delivery date shown on the signed post office receipt card; or
(b) where the delivery date is not shown, on the day on which the signed post office receipt card is returned to the sender.
10 Feb 95 cL-1 Reg 5 s34.

The Labour Standards Act, which applies to all employees in Saskatchewan except the self-employed or immediate family members working for a family business, determines annual holidays, hours of work, minimum wages and other basic rules involving the workplace. • Variations from the core standards, permitted only with approval of the director of Employment Standards, include hours averaging permits, exceptions to meal break rules, posting of work schedules and substitutions for public holidays.

• Saskatchewan provides special exemptions for employees in the mining-exploration and forestry industries. Agreements to average hours or compress work weeks are allowed if proper permits are acquired from the director of Labour Standards.

• Claims for unpaid wages must be filed within one year.

• You must be reimbursed for non-refundable deposits, penalties and other expenses if an employer cancels an approved holiday.

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