Payment of Wages, Allowable Deductions, Minimum Wage

Alberta - Payment of Wages

Division 1
Paying Earnings

Pay periods

7(1) Every employer must establish one or more pay periods for the calculation of wages and overtime pay due to an employee.

(2) A pay period must not be longer than one work month.

1996 cE-10.3 s7

Payment of wages, overtime pay and general holiday pay

8(1) Wages, overtime pay and general holiday pay earned in a pay period must be paid by an employer not later than 10 consecutive days after the end of each pay period.

(2) When employment ends, earnings must be paid by an employer within the time described in section 9 or 10.

1996 cE-10.3 s8

Termination of employment by employer - payment of earnings

9(1) When an employer terminates an employee’s employment by

(a) a termination notice under section 56,

(b) termination pay under section 57(1) instead of a termination notice, or

(c) a combination of a termination notice and termination pay under section 57(2),

the employer must pay the employee’s earnings not later than 3 consecutive days after the last day of employment.

(2) When an employer terminates an employee’s employment and no termination notice or termination pay is required to be given, the employer must pay the employee’s earnings not later than 10 consecutive days after the last day of employment.

1996 cE-10.3 s9

Termination of employment by employee - payment of earnings

10(1) When an employee terminates employment by giving a termination notice under section 58, the employer must pay the employee’s earnings not later than 3 consecutive days after the last day of employment.

(2) When an employee terminates employment and a termination notice is not required, the employer must pay the employee’s earnings not later than 10 consecutive days after the last day of employment.

(3) When an employee is required to give a termination notice but terminates employment without doing so, the employer must pay the employee’s earnings not later than 10 consecutive days after the date on which the notice would have expired if it had been given.

1996 cE-10.3 s10

Ways of paying earnings

11(1) In this section, “authorized financial institution” means a bank, treasury branch, credit union, loan corporation, trust corporation or other corporation insured under the Canada Deposit Insurance Corporation Act (Canada).

(2) An employee’s earnings must be paid by an employer in Canadian currency

(a) in cash or by cheque, bill of exchange or order to pay, payable on demand, drawn on an authorized financial institution, or

(b) if the employer so chooses, by direct deposit to the employee’s account in an authorized financial institution of the employee’s choice.

1996 cE-10.3 s11

Deductions from earnings

12(1) An employer must not deduct, set off against or claim from the earnings of an employee any sum of money, unless allowed to do so by subsection (2).

(2) An employer may deduct from the earnings of an employee a sum of money that is

(a) permitted or required to be deducted by an enactment or a judgment or order of a court,

(b) authorized to be deducted by a collective agreement that is binding on the employee, or

(c) personally authorized in writing by the employee to be deducted.

(3) Despite an authorization in a collective agreement or a written authorization by an employee, an employer may not deduct from earnings a sum for

(a) faulty workmanship, or

(b) cash shortages or loss of property if an individual other than the employee had access to the cash or property.

1996 cE-10.3 s12

Notice required before earnings reduced

13(1) An employer must give each employee notice of a reduction of the employee’s wage rate, overtime rate, vacation pay, general holiday pay or termination pay before the start of the employee’s pay period in which the reduction is to take effect.

(2) If an employer does not comply with subsection (1), an employee is entitled to the difference between the employee’s wage rate, overtime rate, vacation pay, general holiday pay or termination pay before the reduction and those rates and pay after the reduction from the time in the pay period in which the reduction was first applied to the end of that pay period.

British Columbia - Payment of Wages

Part 3 — Wages, Special Clothing and Records
Employers required to pay minimum wage

16 (1) An employer must pay an employee at least the minimum wage as prescribed in the regulations.

(2) An employer must not, directly or indirectly, withhold, deduct or require payment of all or part of an employee's wages in a pay period to comply with subsection (1) in relation to any other pay period.
Paydays

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

(2) Subsection (1) does not apply to

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

(b) vacation pay.
If employment is terminated

18 (1) An employer must pay all wages owing to an employee within 48 hours after the employer terminates the employment.

(2) An employer must pay all wages owing to an employee within 6 days after the employee terminates the employment.
If employee cannot be located

19 (1) In this section, "administrator" has the same meaning as in the Unclaimed Property Act.

(1.1) If an employer cannot locate an employee to pay the employee's wages, the employer must pay the wages to the director within 60 days after the wages became payable.

(2) The director must give an employer a receipt for any wages received from the employer under subsection (1.1).

(3) The director's receipt for wages is proof that the employer's liability for payment of the wages is discharged to the extent of the amount stated in the receipt.

(4) If the director cannot locate an employee within one year after receiving the employee's wages under this section, the director must transfer the wages to the administrator in accordance with the transfer schedule set by the administrator.

(5) Money transferred to the administrator under subsection (4) is deemed to be an unclaimed money deposit under the Unclaimed Property Act.
How wages are paid

20 An employer must pay all wages

(a) in Canadian currency,

(b) by cheque, draft or money order, payable on demand, drawn on a savings institution, or

(c) by deposit to the credit of an employee's account in a savings institution, if authorized by the employee in writing or by a collective agreement.
Deductions

21 (1) Except as permitted or required by this Act or any other enactment of British Columbia or Canada, an employer must not, directly or indirectly, withhold, deduct or require payment of all or part of an employee's wages for any purpose.

(2) An employer must not require an employee to pay any of the employer's business costs except as permitted by the regulations.

(3) Money required to be paid contrary to subsection (2) is deemed to be wages, whether or not the money is paid out of an employee's gratuities, and this Act applies to the recovery of those wages.

Assignments

22 (1) An employer must honour an employee's written assignment of wages

(a) to a trade union in accordance with the Labour Relations Code,

(b) to a charitable or other organization, or a pension or superannuation or other plan, if the amounts assigned are deductible for income tax purposes under the Income Tax Act (Canada),

(c) to a person to whom the employee is required under a maintenance order, as defined in the Family Maintenance Enforcement Act, to pay maintenance, and

(d) to an insurance company for insurance or medical or dental coverage.

(e) [Repealed 2003-65-5.]

(2) [Repealed 2003-65-5.]

(3) An employer must honour an assignment of wages authorized by a collective agreement.

(4) An employer may honour an employee's written assignment of wages to meet a credit obligation.
Employer's duty to make assigned payments

23 An employer who deducts an amount from an employee's wages under an assignment of wages must pay the amount

(a) according to the terms of that assignment, or

(b) within one month after the date of the deduction, whichever is sooner.

How an assignment is cancelled

24 To cancel an assignment of wages, an employee must notify in writing

(a) the employer, and

(b) the person to whom the wages were assigned.
Special clothing

25 (1) An employer who requires an employee to wear special clothing must, without charge to the employee,

(a) provide the special clothing, and

(b) clean and maintain it in a good state of repair, unless the employee is bound by an agreement made under subsection (2).

(2) If an employer and the majority of the affected employees at a workplace agree that the employees will clean their own special clothing and maintain it in a good state of repair,

(a) the agreement binds all employees at that workplace who are required to wear special clothing,

(b) the employer must reimburse, in accordance with the agreement, each employee bound by the agreement for the cost of cleaning and maintaining the special clothing, and

(c) the employer must retain for 2 years records of the agreement and the amounts reimbursed.

(3) The following are deemed to be wages owing and this Act applies to their recovery:

(a) money received or deducted by an employer from an employee for providing, cleaning or maintaining special clothing;

(b) money an employer fails to reimburse under subsection (2).
Payments by employer to funds, insurers or others

26 An employer who agrees under an employment contract to pay an amount on behalf of an employee to a fund, insurer or other person must pay the amount in accordance with the contract.

Wage statements

27 (1) On every payday, an employer must give each employee a written wage statement for the pay period stating all of the following:

(a) the employer's name and address;

(b) the hours worked by the employee;

(c) the employee's wage rate, whether paid hourly, on a salary basis or on a flat rate, piece rate, commission or other incentive basis;

(d) the employee's overtime wage rate;

(e) the hours worked by the employee at the overtime wage rate;

(f) any money, allowance or other payment the employee is entitled to;

(g) the amount of each deduction from the employee's wages and the purpose of each deduction;

(h) if the employee is paid other than by the hour or by salary, how the wages were calculated for the work the employee is paid for;

(i) the employee's gross and net wages;

(j) how much money the employee has taken from the employee's time bank and how much remains.

(2) An employer may provide a wage statement to an employee electronically if the employer provides to the employee, through the workplace,

(a) confidential access to the electronic wage statement, and

(b) a means of making a paper copy of that wage statement.

(3) [Repealed 2002-42-8.]

(4) If a wage statement would be the same as the wage statement given for the previous pay period, another wage statement need not be given until a change occurs.
Payroll records

28 (1) For each employee, an employer must keep records of the following information:

(a) the employee's name, date of birth, occupation, telephone number and residential address;

(b) the date employment began;

(c) the employee's wage rate, whether paid hourly, on a salary basis or on a flat rate, piece rate, commission or other incentive basis;

(d) the hours worked by the employee on each day, regardless of whether the employee is paid on an hourly or other basis;

(e) the benefits paid to the employee by the employer;

(f) the employee's gross and net wages for each pay period;

(g) each deduction made from the employee's wages and the reason for it;

(h) the dates of the statutory holidays taken by the employee and the amounts paid by the employer;

(i) the dates of the annual vacation taken by the employee, the amounts paid by the employer and the days and amounts owing;

(j) how much money the employee has taken from the employee's time bank, how much remains, the amounts paid and dates taken.

(2) Payroll records must

(a) be in English,

(b) be kept at the employer's principal place of business in British Columbia, and

(c) be retained by the employer for 2 years after the employment terminates.
Repealed

29 [Repealed 2002-42-10.]
Producer and farm labour contractor are liable for unpaid wages

30 (1) A producer and a farm labour contractor are jointly and separately liable for wages earned by an employee of the farm labour contractor for work done on behalf of the producer.

(2) Subsection (1) does not apply in respect of a producer if

(a) the farm labour contractor is licensed under this Act at the time the producer engages the services of the farm labour contractor, and

(b) the producer satisfies the director that the producer paid the farm labour contractor for wages earned by each employee of the farm labour contractor for work done on behalf of the producer.
Liability of farm labour contractor for transportation costs

30.1 (1) A farm labour contractor is liable to pay a prescribed administrative fee to the Province if

(a) a motor vehicle used by the farm labour contractor to transport employees of the farm labour contractor, of another farm labour contractor or of a producer is, during the transportation of the employees, removed from service as the result of a failure to comply with, or a contravention of, an enactment of British Columbia or of Canada, and

(b) the Province, at its own cost, provides alternative transportation to transport the employees to the employees' work site or another location.

(2) If a farm labour contractor is liable under subsection (1) to pay an administrative fee, the director must serve on the contractor a notice setting out

(a) the amount of the fee,

(b) the date by which the fee must be paid,

(c) the consequences of failing to pay the fee, and

(d) the manner and method for payment of the fee.

(3) A farm labour contractor liable to pay an administrative fee under subsection (1) must pay the fee in accordance with the regulations.

(4) The director may vary or cancel a notice

(a) if

(i) the farm labour contractor on whom the notice was served provides evidence satisfactory to the director that the finding that the farm labour contractor failed to comply with or contravened an enactment as described in subsection (1) (a) has been reversed on appeal under that enactment, or

(ii) evidence comes to the attention of the director that was not available at the time the notice was issued that another requirement under subsection (1) was not met, or

(b) to correct a clerical, typographical or inadvertent error, an omission or a similar mistake.
Enforcement of administrative fee

30.2 (1) An administrative fee imposed under section 30.1 is a debt payable to the government.

(2) If a farm labour contractor fails to pay the administrative fee as required under section 30.1, the director may do one or more of the following:

(a) suspend, cancel or refuse to reinstate the farm labour contractor's licence, or refuse to grant a new licence to the farm labour contractor, until the fee is paid;

(b) file with the Supreme Court a copy of the notice referred to in section 30.1 (2).

(3) On being filed, the notice is enforceable in the same manner as a judgment of the Supreme Court in favour of the director for the recovery of the amount of the fee stated in the notice.

(4) Sections 79 and 98 do not apply to a contravention of section 30.1.

Canada (Federal) - Payment of Wages

Payment of wages

247. Except as otherwise provided by or under this Part, an employer shall
(a) pay to any employee any wages to which the employee is entitled on the regular pay-day of the employee as established by the practice of the employer; and
(b) pay any wages or other amounts to which the employee is entitled under this Part within thirty days from the time when the entitlement to the wages or other amounts arose.

Equal Wages

Application of sections

182. (1) For the purposes of ascertaining whether a discriminatory practice under section 11 of the Canadian Human Rights Act is being or has been engaged in, sections 249, 250, 252, 253, 254, 255 and 264 apply, with such modifications as the circumstances require, as if this Part expressly required an employer to refrain from that discriminatory practice.

Report to Commission

(2) Where an inspector has reasonable grounds at any time for believing that an employer is engaging or has engaged in a discriminatory practice described in subsection (1), the inspector may notify the Canadian Human Rights Commission or file a complaint with that Commission under section 40 of the Canadian Human Rights Act.

Manitoba - Payment of Wages

PAYMENT OF WAGES

DIVISION 1

TIME AND METHOD OF PAYMENT OF WAGES

Wages to be paid within certain time

86(1) Subject to subsection (2), an employer shall pay an employee the wages earned by the employee at least semi-monthly and

(a) within 10 working days after the expiration of each pay period; and

(b) when the employee's employment is terminated, within 10 working days after the termination.

Exceptions

86(2) Subsection (1) does not apply to an employer who pays wages in accordance with

(a) an established custom or practice that has been followed by the employer since 1976; or

(b) a permit issued by the director, upon application by the employer, that specifies when the wages are to be paid.

Director may vary or revoke permit

86(3) The director may vary or revoke a permit issued under clause (2)(b).

S.M. 2006, c. 26, s. 36.

Complaint respecting payment of wages

87 Where an employer fails to pay wages to an employee in accordance with section 86, the employee may, within six months after the time provided for the payment of the wages under that section, file a complaint under section 92.

How wages are to be paid

88 An employer shall pay wages

(a) in Canadian currency;

(b) by cheque or bill of exchange drawn upon a bank, credit union, trust company or other company insured under the Canada Deposit Insurance Corporation Act; or

(c) by deposit in the employee's account in an institution referred to in clause (b).

S.M. 2002, c. 47, s. 30.

Employer to pay certain wages to director

89(1) An employer that is unable to locate an employee shall pay to the director any wages payable to the employee, and the payment discharges the liability of the employer to the extent of the payment.

Director to pay money to employee or hold in trust

89(2) The director shall pay to an employee any money received on the employee's behalf under subsection (1), but if the employee cannot be located within one month after the money is received, the director shall, subject to subsection (3), hold the money in trust and pay it to the employee on request.

Director may transfer money to Consolidated Fund

89(3) If the director receives wages from an employer on behalf of an employee and the employee cannot be located within six years, the director may transfer the money to the Consolidated Fund, but if after the transfer the employee claims the money, the Minister of Finance shall, on the written requisition of the minister, pay it to the employee from the Consolidated Fund.

EQUAL WAGES

Discrimination in wage scales prohibited

82(1) No employer shall discriminate between male employees and female employees by paying one sex on a different scale of wages than applies to the other sex if the kind or quality of work and the amount of work required of, and done by, the employees is the same or substantially the same.

Complaint respecting equal wages

82(2) Where an employer fails to pay wages to an employee in accordance with this section, the employee may, within six months after the failure to pay, file a complaint under section 92.

New Brunswick - Payment of Wages

PROMPT PAYMENT OF WAGES

35(1) Subject to subsection (4), an employer shall pay his employees at such times that the interval between pays is of not more than sixteen days.

35(2) An employer shall, when paying an employee, include all wages earned up to and including a day that is not more than seven calendar days prior to the time fixed for payment.

35(3) An employee who is absent at the time fixed for payment or who, for any other reason, is not paid at that time, is entitled to be paid on demand any time thereafter during regular hours of work.

35(4) An employer is not required to comply with subsections (1) and (2) if the payments are otherwise made in accordance with the terms of a practice existing at the time this section comes into force or under the terms of a collective agreement or in accordance with the provisions of an order of the Director with respect thereto granted on application.
1984, c.42, s.20; 1988, c.59, s.13.

36(1) An employer shall give to each employee, not later than the time the employee is paid in accordance with subsection 35(1), a statement showing
(a) the dates of the pay period;
(b) the gross pay of the employee for the pay period;
(c) the particulars of each deduction and the amount thereof; and
(d )the net pay after deductions have been taken out.

36(2) An employer shall pay all pay
(a) in lawful currency of Canada;
(b) by cheque or bill of exchange drawn upon a chartered bank, credit union, trust company or other institution insured under the Canada Deposit Insurance Corporation Act and honoured and paid by such bank, credit union, trust company or other institution; or
(c) by deposit in an account of the employee in a chartered bank, credit union, trust company or other institution insured under the Canada Deposit Insurance Corporation Act.
1984, c.42, s.21; 1988, c.59, s.14.

37 Where an employee ceases to be employed by an employer the employer shall pay to the employee all outstanding pay not later than at the time the employee would have been paid had he continued to be employed, and in no case shall the employer delay payment of outstanding pay or other outstanding benefits beyond twenty-one days after the last day the employee was employed.

EQUAL PAY FOR EQUAL WORK

37.1(1) No employer shall pay an employee of one sex at a different rate of pay from that which he pays to an employee of the other sex for work that
(a) is performed in the same establishment,
(b) is substantially the same in nature,
(c) requires substantially the same skill, effort and responsibility, and
(d) is performed under similar working conditions except where the payment is made pursuant to
(e) a seniority system,
(f) a merit system,
(g) a system that measures earnings by quantity or quality of production, or
(h) any other system or practice that is not otherwise unlawful.

37.1(2) No employer shall reduce the rate of pay of an employee in order to comply with subsection (1).

37.1(3) No person shall attempt to influence an employer to violate subsection (1).

37.1(4) Where an employer’s violation of this section results in an employee receiving a lower amount of pay than he would have received if the employer had not committed the violation, the Director may make any order that he considers appropriate and just in the circumstances, including an order that the employer compensate the employee for the loss in pay.
1986, c.32, s.4.

WAGE PROTECTION

38 Any assignment of wages or any portion thereof made after this section comes into force and used as security for the payment of a debt is invalid.

38.1(1) The Director, having knowledge or reason to believe that an employer is insolvent or is on the eve of insolvency, may, if satisfied that pay due and owing an employee of the employer remains and is likely to remain unpaid, issue a certificate in the form prescribed by regulation stating the amount of money that appears to the Director to be due and owing by the employer to the employee to the extent of
(a) all pay due and owing the employee for the two weeks immediately preceding the issuance of the certificate,
(b) seventy-five per cent of the pay due and owing the employee for the third and fourth weeks immediately preceding the issuance of the certificate,
(c) fifty per cent of the pay due and owing the employee for the fifth and sixth weeks immediately preceding the issuance of the certificate, and
(d) twenty-five per cent of the pay due and owing the employee for the seventh and eighth weeks immediately preceding the issuance of the certificate.

38.1(2) A certificate referred to in subsection (1) may be issued in relation to more than one employee and more than one certificate may be issued in relation to the same employer.

38.1(3) A certificate referred to in subsection (1) is, in the absence of evidence to the contrary, proof that the amount of money stated in the certificate was due and owing by the employer to the employee in respect of whom the certificate was issued when the certificate was issued.

38.1(4) The Director may cause a certificate referred to in subsection (1) to be filed with the registrar of deeds for the county or counties in which the employer named in the certificate owns real property or carries on business.

38.1(5) The registrar of deeds shall file the certificate describing it as an “Employee Lien” and shall index the certificate in the appropriate registration index.

38.1(6) A certificate referred to in subsection (1) when filed with the registrar of deeds constitutes a lien in favour of the employee in respect of whom the certificate was issued for the amount of money stated in the certificate or as amended by an amending certificate referred to in subsection 38.5(1) against all the real property of the employer situate in the county or counties in which the certificate is filed.

38.1(6.1) The Director may register a notice of the certificate referred to in subsection (1) in the Personal Property Registry in accordance with the regulations under the Personal Property Security Act.

38.1(6.2) A notice of a certificate when registered in the Personal Property Registry constitutes a lien in favour of the employee in respect of whom the certificate was issued against all the personal property of the employer for the amount of money stated in the certificate or, where applicable, for the amount as amended by an amending certificate referred to in subsection 38.5(1).

38.1(7)Notwithstanding any other Act including, but not limited to, the Mechanics’ Lien Act, the Real Property Tax Act, the Real Property Transfer Tax Act, the Revenue Administration Act, the Wage-Earners Protection Act, the Storer’s Lien Act, the Woods Workers’ Lien Act and the Workers’ Compensation Act, a lien referred to in subsection (6) or (6.2) has, subject to subsection (8), priority over every security interest, claim, lien, privilege or encumbrance of any person including any security interest, claim, lien, privilege or encumbrance of the Crown in right of the Province, a Crown corporation or a Crown agency.

38.1(8) Where more than one lien referred to in subsection (6) or in subsection (6.2) has been constituted with respect to the same employer the liens rank on an equal footing.

38.1(9) Pay due and owing under a lien referred to in subsection (6) or in subsection (6.2) shall
be paid to the Director on behalf of the employee in respect of whom the lien was constituted.

38.1(10) Where a certificate referred to in subsection (1) is filed under subsection (4) and a notice of that certificate is registered under subsection (6.1), the total amount secured by the liens so constituted against both the real and personal property of the employer shall not exceed the amount of money stated in the certificate or, where applicable, the amount as amended by an amending certificate referred to in subsection 38.5(1).
1988, c.59, s.15; 1994, c.50, s.2; 2003, c.4, s.4; 2007, c.2, s.8; 2007, c.3, s.2.

38.2(1) The Director may obtain from the registrar of deeds a certified copy of a certificate filed under subsection 38.1(4) and may cause the certified copy to be filed in The Court of Queen’s Bench of New Brunswick, and the certified copy shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced by the Director as a judgment obtained in the Court against the employer named in the certified copy for a debt of the amount of money stated in the certified copy.

38.2(1.1) The Director may obtain from the Personal Property Registry a verification statement showing that a notice of the certificate has been registered under subsection 38.1(6.1) and may cause the certificate or a certified copy of it to be filed in The Court of Queen’s Bench of New Brunswick, and the certificate or certified copy shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced by the Director as a judgment obtained in the Court against the employer named in the certificate for a debt of the amount of money stated in the certificate.

38.2(2) Where a certified copy of a certificate has been filed in accordance with subsection (1), any person may challenge the certified copy in interpleader proceedings or on application to set aside any execution thereunder as provided for by the rules of The Court of Queen’s Bench of New Brunswick and The Court of Appeal of New Brunswick.

38.2(3) Where a certificate has been filed in accordance with subsection (1.1), any person may challenge the certificate in interpleader proceedings or on application to set aside any execution under it as provided for by the rules of The Court of Queen’s Bench of New Brunswick and The Court of Appeal of New Brunswick.
1988, c.59, s.15; 2003, c.4, s.5
38.3 Any mortgagee, judgment creditor, secured party or other person having any claim, lien, privilege or encumbrance upon or against any real or personal property to which is attached a lien under subsection 38.1(6) or (6.2)
(a) may pay to the Director the amount secured by the lien or liens,
(b) may add the amount to the original obligation secured, and
(c) has the same enforcement rights and remedies with respect to the amount added to the obligation secured as are available with respect to the original obligation secured.
1988, c.59, s.15; 1994, c.50, s.2.

38.4(1) A lien referred to in subsection 38.1(6) ceases to be valid after the expiration of five years from the date of the filing of the certificate under subsection 38.1(4) unless before the expiration of that period the Director causes a renewal statement in the form prescribed by regulation to be filed with the registrar of deeds for the county or counties in which the certificate is filed.

38.4(2) The registrar of deeds shall file the renewal statement and shall index it in the appropriate registration index.

38.4(3) A lien renewed in accordance with subsection (1) shall not be further renewed and ceases to be valid after the expiration of five years from the date of the filing of the renewal statement.

38.4(4) A registration under subsection 38.1(6.1) is effective for the period of years, not exceeding ten years, that is specified in the registration.

38.4(5) A registration that is effected for a period of less than ten years may be renewed, at any
time before the registration expires, for the period of years specified in the registration by which the renewal is effected, but the registration shall not have an aggregate registration life of more than ten years.
1988, c.59, s.15; 1994, c.50, s.2; 2003, c.4, s.6.

38.5(1) Where the Director is satisfied that the amount of money stated in a certificate referred to in subsection 38.1(1) was incorrectly stated, the Director shall cause an amending certificate in the form prescribed by regulation to be filed with the registrar of deeds for the county or counties in which the certificate is filed.

38.5(2) The amending certificate shall be filed by the registrar of deeds and shall be indexed in the appropriate registration index and a notation of the amending certificate shall be made opposite the entry of the certificate or the renewal statement to which the amending certificate refers.

38.5(3) Section 38.2 applies mutatis mutandis in relation to an amending certificate filed under subsection (1).

38.5(4) When an amending certificate referred to in subsection (1) is filed under that subsection, the Director shall amend the registration in the Personal Property Registry of the notice of the certificate to which the amending certificate relates.
1988, c.59, s.15; 1994, c.50, s.2; 2003, c.4, s.7.

38.6(1) Where the amount of money stated in a certificate referred to in subsection 38.1(1) or as amended by an amending certificate referred to in subsection 38.5(1) has been paid to the Director, the Director
(a) shall cause the lien referred to in subsection 38.1(6) to be discharged by filing with the registrar of deeds a certificate of discharge in the form prescribed by regulation, and
(b) shall cause the lien referred to in subsection 38.1(6.2) to be discharged by discharging the registration in the Personal Property Registry of the notice of the certificate to which the discharge relates.

38.6(2) Where an amount of money less than the amount of money stated in a certificate referred to in subsection 38.1(1) or, where applicable, as amended by an amending certificate referred to in subsection 38.5(1) has been paid to the Director, the Director shall
(a) cause a certificate of partial discharge in the form prescribed by regulation to be filed with the registrar of deeds,
(b) amend the registration in the Personal Property Registry of the notice of the certificate to which the payment relates to disclose the amended amount, and
(c) where the certificate was issued in relation to more than one employee, distribute pro rata to the employees in respect of whom the lien or liens was or were constituted the amount of money paid.

38.6(3) In a case within paragraph (1)(a) or (2)(a) the certificate of discharge or partial discharge, as the case may be, shall be filed by the registrar of deeds and shall be indexed in the appropriate registration index and a notation of the certificate of discharge or partial discharge shall be made by the registrar opposite the entry of the certificate, the amending certificate or the renewal statement to which the certificate of discharge or partial discharge refers.
1988, c.59, s.15; 1994, c.50, s.2; 2003, c.4, s.8.

38.7 Nothing contained in sections 38.1 to 38.6 shall be construed so as to entitle an employee to receive payment for more than the total amount of pay due and owing the employee by the employer.
1988, c.59, s.15.

38.8 Notwithstanding the provisions of the Registry Act, any document referred to in sections 38.1 to 38.6 that is required to be filed by the registrar of deeds shall be filed by the registrar of deeds in the manner provided in sections 38.1 to 38.6 and when so filed has the same effect as if registered under the Registry Act.

Newfoundland and Labrador - Payment of Wages

PART V
WAGE PROTECTION


Meaning of bank

32. In this Part, "bank" means

(a) a bank to which the Bank Act ( Canada ) applies;

(b) another financial institution whose deposits are insured by the Canada Deposit Insurance Corporation; and

(c) a credit union to which the Credit Union Act applies.

2001 c33 s13



Payment of wages

33. (1) At least half monthly and within 7 days after the end of the pay period, an employer shall pay to an employee all wages earned by the employee in a pay period.

(2) Where an employee's contract of service is terminated, the employer shall pay to the employee within 1 week from the date of the termination of the contract of service the wages due to that employee up until the date of termination of that contract.

1977 c52 s33; 2001 c33 s14



Place and time of payment

34. (1) An employer shall pay to an employee

(a) at the employee's place of employment within the regular working hours of the employee or another time that the employer and employee may agree;

(b) at the place of normal residence of the employee either by personal delivery or by prepaid postage addressed to the employee at that address; or

(c) by deposit to the account of the employee within the bank of the employee,

the wages to which the employee is entitled.

(2) An employer shall pay the wages to which an employee is entitled

(a) in lawful currency of Canada ;

(b) by cheque or order drawn on a bank in which the employer maintains an account; or

(c) in accordance with subsection (3).

(3) An employer may pay an employee's wages, with that employee’s consent, by direct deposit into an account of a bank of the employee's choice.

1977 c52 s34; 2001 c33 s15



Expense advance

34.1 (1) Where, in connection with his or her work, an employee is required to incur expenses, the employer shall advance to the employee the amount that he or she may reasonably anticipate will be incurred.

(2) An employee and an employer may agree not to be bound by subsection (1).

(3) Where an employee incurs expenses in excess of the amount advanced to him or her under subsection (1), or where the employee has paid for the expenses out of his or her own money, the employer shall reimburse the employee for the amount spent within 2 weeks of the employee submitting a claim for payment.

2001 c33 s16



Particulars to be provided

35. An employer shall provide to an employee at the time wages are paid to the employee a written statement setting out

(a) the gross amount of wages expressed in Canadian currency payable under the contract of service for the period of time in respect of which the payment is made;

(b) the relevant period referred to in paragraph (a);

(c) the rates of wages and the number of hours worked at each rate during the relevant period;

(d) the amount and purpose of each deduction made from the gross wage referred to in paragraph (a) specifying each amount and each purpose; and

(e) the net amount of wages to which the employee is entitled for the period referred to in paragraph (b),

and shall ensure that the amount paid to the employee is the amount referred to in paragraph (e).

1977 c52 s35



Illegal provisions

36. (1) A provision in a contract of service is void and against public policy that requires an employee to purchase, lease or otherwise acquire property of the employer, or that contains conditions respecting the manner, place, time or method by which the employee is required to spend a part of the wages payable under that contract.

(2) Notwithstanding subsection (1), a contract of service may contain, as an essential condition of that contract, a provision requiring an employee to live within premises under the control of the employer, and permitting the employer to deduct from the wages payable to that employee reasonable rental payments or charges for that part of the premises so occupied.

(3) An employer shall not withhold or make a deduction from an employee's wages except

(a) deductions required by an Act of the province or of Canada ;

(b) amounts ordered to be deducted or withheld by an order of a court;

(c) an overpayment of wages;

(d) deductions related to a group benefit plan that the employee participates in;

(e) savings plan deductions requested by the employee;

(f) overpayment of or unused portion of required travel advances; or

(g) deductions permitted under subsection (2).

1977 c52 s36; 2001 c33 s17



Special clothing

36.1 An employer shall not require an employee to pay for a uniform where the uniform

(a) is unique to the employer's business operation; and

(b) is identified with the employer's business operation,

to an extent that would make the uniform of no practical use to the employee should the employee's employment be terminated.

2001 c33 s18


Priority of wage claim

37. (1) Notwithstanding another Act, a person to whom unpaid wages are owing by an employer has in respect of the wages a first priority and claim over the claims of all other creditors of the employer, including claims of the Crown, to the extent of $7,500.

(1.1) Wages owing to an employee by an employer are considered to be held in trust by the employer in favour of the employee notwithstanding the wages are not held separately by the employer from other money of the employer.

(2) The right conferred by subsection (1) is ineffective unless the person to whom the wages are unpaid gives written notice of his or her claim to the director and upon receiving payment of all unpaid wages from the employer, the person or, where the person is represented by another person, that person shall immediately notify the director.

(3) A notice referred to in subsection (2) may be given by one person on behalf of another person where the person on whose behalf the notice is given has authorized it to be given.

1977 c52 s37; 1986 c35 s1; 2001 c33 s19



Definition

37.1 In this Part, "director" means a director of a corporation.

2001 c33 s20



Non-application

37.2 (1) This Part does not apply with respect to directors of corporations to which Part XXI of the Corporations Act applies or to which the Co-operatives Act applies.

(2) This Part does not apply with respect to directors of corporations,

(a) that have been incorporated in another jurisdiction;

(b) that have objects that are similar to the objects of corporations to which Part XXI of the Corporations Act applies or to which the Co-operatives Act applies; and

(c) that are carried on without the purpose of gain.

2001 c33 s20


Directors' liability for wages

37.3 (1) The directors of an employer are jointly and individually liable for wages as provided in this Part where,

(a) the employer is insolvent, the employee has filed a claim for unpaid wages earned during a period not exceeding 2 months with the receiver appointed by a court with respect to the employer or with the employer's trustee in bankruptcy and the claim has not been paid;

(b) the Director of Labour Standards has issued a determination that the employer is liable for wages, unless the amount set out in the order has been paid or the employer has applied to have it reviewed;

(c) the Director of Labour Standards has issued a determination that a director is liable for wages, unless the amount set out in the order has been paid or the employer or the director has applied to have it reviewed; or

(d) the Labour Relations Board has issued, amended or affirmed an order relating to a matter to which this Act applies, the order, as issued, amended or affirmed, requires the employer or the directors to pay wages and the amount set out in the order has not been paid.

(2) Notwithstanding subsection (1), the employer is primarily responsible for an employee's wages but proceedings against the employer under this Act do not have to be exhausted before proceedings may be commenced to collect wages from directors under this Part.

(3) The wages that directors are liable for under this Part are wages, not including termination pay as they are provided for under this Act.

(4) The vacation pay that directors are liable for is the greater of the minimum vacation pay provided in Part I and the amount contractually agreed to by the employer and the employee.

(5) The amount of holiday pay that directors are liable for is the greater of the amount payable for holidays at the rate as determined under this Act and the regulations and the amount for the holidays at the rate as contractually agreed to by the employer and the employee.

(6) The overtime wages that directors are liable for are the greater of the amount of overtime pay provided in section 25 and the amount contractually agreed to by the employer and the employee.

(7) A director of a corporation is not liable for unpaid wages under this section where the director exercised the degree of care, diligence and skill to ensure that wages owing were paid that a reasonably prudent person would have exercised in comparable circumstances.

(8) A director who has satisfied a claim for wages is entitled to contribution in relation to the wages from other directors who are liable for the claim.

2001 c33 s20



No relief by contract, etc.

37.4 (1) A provision in a contract, in the articles of incorporation or the by-laws of a corporation or in a resolution of a corporation does not relieve a director from the duty to act according to this Act or does not relieve him or her from liability for breach of it.

(2) An employer may indemnify a director, a former director and the heirs or legal representatives of a director or former director against all costs, charges and expenses, including an amount paid to satisfy an order under this Act, reasonably incurred by the director with respect to a civil or administrative action or proceeding to which he or she is a party by reason of being or having been a director of the employer where,

(a) he or she has acted honestly and in good faith with a view to the best interests of the employer; and

(b) in the case of a proceeding or action that is enforced by a monetary penalty, he or she had reasonable grounds for believing that his or her conduct was lawful.

2001 c33 s20



Civil remedies protected

37.5 A civil remedy that a person may have against a director or that a director may have against a person is not suspended or affected by this Part.

2001 c33 s20

PART VI
TIPS OR GRATUITIES


Tips or gratuities

38. (1) Tips or gratuities are the property of the employee to whom or for whom they are given.

(2) An employee shall not be required to share a tip with an employer, a manager or supervisor of the employee or an employer's representative.

(3) Where a surcharge or other charge is paid instead of a tip or gratuity, the amount paid shall be considered to be a tip or gratuity for the purpose of subsection (1).

(4) Where a surcharge or other charge is paid instead of a tip or gratuity, or where the amount of the tip or gratuity is itemized on the record of a credit card or debit card payment, the employer may deduct an amount required to be deducted from income by an Act of the province or of Canada from the amount due the employee.

Nova Scotia - Payment of Wages

PROTECTION OF PAY
Frequency of pay

79 (1) Subject to subsections (2) and (3), an employer shall

(a) at least as often as semi-monthly pay to each of his employees all wages earned by the employee; and

(b) make that payment within five working days after the expiration of each pay period.

(2) An employee who is absent at the time fixed for payment or who, for any other reason, is not paid at that time, is entitled to the pay at any time thereafter during regular hours of work on demand.

(3) This Section does not prohibit an employer

(a) from paying any of his employees at intervals less frequent than those set out in clause (a) of subsection (1); or

(b) from paying any of his employees within a period that is longer than that mentioned in clause (b) of subsection (1),

if the payments are made in accordance with the terms of an existing practice or under the terms of an existing collective agreement, or in accordance with the provisions of an order of the Director with respect thereto granted on application. R.S., c. 246, s. 79.
Deductions for loss

79A (1) An employer shall not, directly or indirectly, withhold, deduct or require payment of all or part of the employee's wages for the purpose of paying for a loss that occurs while the employee is working unless allowed by statute, court order or written authorization.

(2) An employee's written authorization is not lawful if the deduction is for a loss that is the result of a customer leaving the employer's business without paying for the purchase of goods or services unless the employer can verify that the loss is the fault of the employee.

(3) An employee's written authorization is not lawful if the deduction is for a loss that brings the employee's wages below the minimum wage.

(4) The Governor in Council may make regulations concerning deductions from pay.

(5) The exercise by the Governor in Council of the authority contained in subsection (4) is regulations within the meaning of the Regulations Act. 2005, c. 38, s. 3.
Form of wages

80 Every employer shall pay all wages

(a) in lawful currency of Canada;

(b) by cheque or bill of exchange or demand for payment drawn upon a chartered bank, credit union, trust company or other company insured under the Canada Deposit Insurance Corporation Act; or

(c) by deposit in an account of the employee in a chartered bank, credit union, trust company or other company insured under the Canada Deposit Insurance Corporation Act. R.S., c. 246, s. 80.
Complaint to Director

81 Where, within the preceding six months,

(a) an employer has failed or refused to pay an employee any pay earned by or becoming due and payable to an employee in accordance with Sections 21, 32, 33, 34, 58, 60D, 71, 79, 79A and 80, or in accordance with existing practice or the provisions of a contract or collective agreement by which he is bound; or

(b) an employer has failed or refused to pay any benefit to which an employee is entitled but which is not required to be made directly to the employee,
the employee may make a complaint to the Director in accordance with Section 21. R.S., c. 246, s. 81; 1991, c. 14, s. 28; 2005, c. 38, s. 4.
When Director not to entertain complaint

82 Subject to Section 83A, where the Director has received a complaint from an employee and the Director is satisfied

(a) that the employee is proceeding with or has commenced or was successful in an action for the recovery of the unpaid pay; or

(b) that the employee is bound by a collective agreement, as defined in the Trade Union Act, and that the employee could file a grievance under that agreement for the recovery of unpaid pay,
he shall not entertain the application. R.S., c. 246, s. 82; 1991, c. 14, s. 29.
Complaint to Tribunal

83 (1) An employee who has made a complaint under Section 81 and who is not satisfied with the result may apply to the Tribunal for a determination of the matter in accordance with Section 23.

(2) In a case where the Director finds that there is no pay unpaid or where, in accordance with Section 82, he does not entertain an application he shall so advise the employee and advise him of his right to apply to the Tribunal as provided by subsection (1) and that he may wish to seek the advice of legal counsel.

(3) Subject to Section 83A, where the Tribunal is satisfied

(a) that the employee is proceeding with or has commenced or was successful in an action for the recovery of the unpaid pay; or

(b) that the employee is bound by a collective agreement, as defined in the Trade Union Act, and that the employee could file a grievance under that agreement for the recovery of unpaid pay,
the Tribunal shall not entertain the application. R.S., c. 246, s. 83; 1991, c. 14, s. 30.
Mechanics' Lien Act

83A Notwithstanding clause (a) of Section 82 and clause (a) of subsection (3) of Section 83, the Director may entertain an application pursuant to those clauses where the employee has commenced an action pursuant to the Mechanics' Lien Act. 1991, c. 14, s. 31.
Security if appeal by employer

84 (1) Before proceeding to deal with an appeal by an employer under subsection (5) of Section 21, the Tribunal may require an employer to furnish, and where the Tribunal so requires the employer shall furnish, to the Tribunal security in the form of a bond with one or more sureties acceptable to the Tribunal in such amount and subject to such conditions as may be prescribed by regulations.

(2) Where an employer has furnished a bond under subsection (1) and the Tribunal, after completion of its consideration of and the investigation into the complaint of the employee, finds that the employer is indebted to the employee for unpaid pay it may apply the proceeds of the bond towards the payment of the unpaid pay in accordance with Section 87.

(3) Where, under subsection (2), the Tribunal has applied the proceeds of a bond towards the payment of unpaid pay, it shall in writing, as soon as is reasonably possible, notify the employer to that effect and where after the application of the proceeds there remains a surplus of funds, the surplus shall be turned over by the Tribunal to the surety or sureties, as the case may be. R.S., c. 246, s. 84.
Statutory garnishee

85 (1) Where a complaint is received by the Director under Section 81 and the Director has knowledge or has reason to believe that a person is or is about to become indebted to the employer for any sum of money, or that the person is about to pay to the employer a sum of money, the Director may, notwithstanding that he has not determined whether or not the employer is indebted to the employee for unpaid pay as alleged, by order served personally or by registered mail on that person, require him to pay to the Tribunal part or all of the moneys owing, likely to be owed or about to be paid by that person to the employer.

(2) For the purposes of this Section, money on deposit in a general bank account or in a credit union account in the name of an employer is money for which the bank or credit union is indebted to the employer.

(3) A person to whom an order of the Director under subsection (1) is directed shall upon service of the order forthwith comply with the order.

(3A) Where a person

(a) is ordered pursuant to this Section to pay money to the Tribunal; and

(b) is or becomes indebted to the employer or, by reason of an assignment by the employer, is or becomes indebted to another person for a sum of money,

then

(c) that sum of money is subject to a lien and charge in favour of and is a debt due or accruing due to the Tribunal and is payable in accordance with subsection (2) of Section 88;

(d) notwithstanding that that sum of money has, subsequent to service of the order pursuant to subsection (1) of this Section, been paid to the employer or another person, the person referred to in clause (a) is liable to pay that sum to the Tribunal; and

(e) the Director has standing in any court of competent jurisdiction to bring an action to recover that sum of money.

(4) Immediately upon receipt of any money in accordance with this Section, the Tribunal shall in writing notify the employer concerned and issue a receipt therefor to the person from whom the money was received, and the receipt of the Tribunal is a good and sufficient discharge of the liability of the person to whom the order was made to the employer to the extent of the amount shown on the receipt.

(5) Any money received by the Tribunal under this Section shall be held by the Tribunal in trust for the employer concerned and where

(a) the Director finds that the employer is indebted to the employee for unpaid pay; and

(b) either

(i) the time for the employer to apply to the Tribunal has expired, or

(ii) the Tribunal has determined the matter,

the Tribunal shall pay over the amount of unpaid pay as determined by it, in accordance with Section 87, and if after making such payment there remains a surplus, the surplus shall be paid over to the employer. R.S., c. 246, s. 85; 1991, c. 14, s. 32.
Payment where employee cannot be found

86 (1) An employer who is unable to locate an employee in order to pay him shall pay all pay due and owing the employee to the Director.

(2) Payment by an employer under subsection (1) constitutes, to the extent of the payment, a discharge of the employer in respect of pay owing. R.S., c. 246, s. 86.
Payment by Tribunal or Director

87 (1) All money received by the Tribunal or the Director on account of pay owing to an employee shall be paid

(a) to the employee to whom the pay is owing;

(b) if the employee is deceased, to his estate;

(c) if the employee is deceased and he has no other estate, to such other person as the Tribunal considers entitled thereto; or

(d) if no other person is entitled thereto, to the Minister of Finance to and for the public uses of the Province.

(2) Where the Tribunal or the Director is unable, within one month, to locate an employee for the purpose of payment under subsection (1), the Tribunal or the Director shall pay the money to the Minister of Finance to be held in trust for the employee.

(3) Notwithstanding any other provision of this Act, the Tribunal shall not pay over any money received by it in any proceeding until the time for an appeal from the order of the Tribunal has expired or where an appeal is taken, the appeal is either withdrawn, abandoned or determined. R.S., c. 246, s. 87.
Lien

88 (1) Notwithstanding any other Act, an order of the Tribunal under Section 26 constitutes a lien and charge in favour of the Tribunal for the amount set forth in the order and the amount set forth in the order is a debt due or accruing due to the Tribunal by the employer and the Tribunal shall be deemed to hold a mortgage on the assets of the employer to the amount set forth in the order and may enforce the mortgage by foreclosure proceedings.

(2) The lien and charge and mortgage referred to in subsection (1) shall be payable in priority over all liens, charges or mortgages of every person in respect of the real and personal property of the employer, including those of Her Majesty in right of the Province, but excepting liens for wages due to workmen by that employer.

(3) The lien and charge and mortgage referred to in subsection (1) has no effect with respect to property registered pursuant to the Land Registration Act until the order of the tribunal [Tribunal] under Section 26 is recorded in the judgment roll. R.S., c. 246, s. 88; 2001, c. 6, s. 110.
Unlawful assignment of wages

89 An assignment of wages or any portion thereof to secure payment of a debt is unlawful. R.S., c. 246, s. 89.
Reciprocal enforcement of orders

89A (1) Where the Governor in Council is satisfied that reciprocal provisions will be made by another province for the enforcement of orders made pursuant to this Act, the Governor in Council may declare that province to be a reciprocating province and may designate an authority of that province for the purpose of this Section.

(2) Where an order, judgment or certificate for the payment of wages has been obtained by an authority designated pursuant to subsection (1), the authority may apply to the Director to enforce the order, judgment or certificate for the payment of wages.

(3) On receiving a copy of the order, judgment or certificate for the payment of wages

(a) certified by the court in which the order, judgment or certificate is registered; or

(b) where there is no provision in the reciprocating province for registration in a court of the order, a copy of the order, judgment or certificate, certified to be a true copy by the designated authority,

and on being satisfied that the wages are still owing, the Director shall issue an order for payment of the amount owing and enter the order with the Prothonotary, and on being so entered, the order is enforceable as of the date it was issued by the Director and as if it were an order of the Supreme Court [of Nova Scotia], and the order of the Director is deemed to be an order of the Tribunal pursuant to Section 26. 1991, c. 14, s. 33.

EQUAL PAY
Equal pay for women and men

57 (1) An employer and any person acting on his behalf shall not pay a female employee at a rate of wages less than the rate of wages paid to a male employee, or a male employee at a rate of wages less than the rate of wages paid to a female employee, employed by him for substantially the same work performed in the same establishment, the performance of which requires substantially equal skill, effort and responsibility, and which is performed under similar working conditions.

(2) Where an employer or person acting on the employer's behalf establishes that a different rate of wages is justified based on payment in accordance with

(a) a seniority system;

(b) a merit system;

(c) a system that measures wages by quantity or quality of production; or

(d) another differential based on a factor other than sex,

a difference in the rate of wages between a male and a female employee based on any of the factors referred to in clauses (a) to (d) does not constitute a failure to comply with this Section.

(3) No employer shall reduce the rate of wages of an employee in order to comply with this Section.

(4) Every employer shall post and keep posted, in a conspicuous place in the employer's establishment, a copy of this Section so that all employees may have ready access to and see the same. R.S., c. 246, s. 57; 1991, c. 14, s. 18.
Complaint to Director or Tribunal

58 (1) An employee who is denied equal pay to which the employee is entitled by Section 57 may make a complaint to the Director in accordance with Section 21.

(2) An employee who has made a complaint pursuant to subsection (1) and who is not satisfied with the result may make a complaint to the Tribunal in accordance with Section 23. 1991, c. 14, s. 19.

Ontario - Payment of Wages

Payment of wages

11. (1) An employer shall establish a recurring pay period and a recurring pay day and shall pay all wages earned during each pay period, other than accruing vacation pay, no later than the pay day for that period. 2000, c. 41, s. 11 (1).

Manner of payment

(2) An employer shall pay an employee’s wages,

(a) by cash;

(b) by cheque payable only to the employee; or

(c) in accordance with subsection (4). 2000, c. 41, s. 11 (2).

Place of payment by cash or cheque

(3) If payment is made by cash or cheque, the employer shall ensure that the cash or cheque is given to the employee at his or her workplace or at some other place agreeable to the employee. 2000, c. 41, s. 11 (3).

Direct deposit

(4) An employer may pay an employee’s wages by direct deposit into an account of a financial institution if,

(a) the account is in the employee’s name;

(b) no person other than the employee or a person authorized by the employee has access to the account; and

(c) unless the employee agrees otherwise, an office or facility of the financial institution is located within a reasonable distance from the location where the employee usually works. 2000, c. 41, s. 11 (4).

If employment ends

(5) If an employee’s employment ends, the employer shall pay any wages to which the employee is entitled to the employee not later than the later of,

(a) seven days after the employment ends; and

(b) the day that would have been the employee’s next pay day. 2000, c. 41, s. 11 (5).

Statement re wages

12. (1) On or before an employee’s pay day, the employer shall give to the employee a written statement setting out,

(a) the pay period for which the wages are being paid;

(b) the wage rate, if there is one;

(c) the gross amount of wages and, unless the information is provided to the employee in some other manner, how that amount was calculated;

(d) Repealed: 2002, c. 18, Sched. J, s. 3 (3).

(e) the amount and purpose of each deduction from wages;

(f) any amount with respect to room or board that is deemed to have been paid to the employee under subsection 23 (2); and

(g) the net amount of wages being paid to the employee. 2001, c. 9, Sched. I, s. 1 (2); 2002, c. 18, Sched. J, s. 3 (3).

(2) Repealed: 2002, c. 18, Sched. J, s. 3 (4).

Electronic copies

(3) The statement may be provided to the employee by electronic mail rather than in writing if the employee has access to a means of making a paper copy of the statement. 2000, c. 41, s. 12 (3).

Statement re wages on termination

12.1 On or before the day on which the employer is required to pay wages under subsection 11 (5), the employer shall provide the employee with a written statement setting out,

(a) the gross amount of any termination pay or severance pay being paid to the employee;

(b) the gross amount of any vacation pay being paid to the employee;

(c) unless the information is provided to the employee in some other manner, how the amounts referred to in clauses (a) and (b) were calculated;

(d) the pay period for which any wages other than wages described in clauses (a) or (b) are being paid;

(e) the wage rate, if there is one;

(f) the gross amount of any wages referred to in clause (d) and, unless the information is provided to the employee in some other manner, how that amount was calculated;

(g) the amount and purpose of each deduction from wages;

(h) any amount with respect to room or board that is deemed to have been paid to the employee under subsection 23 (2); and

(i) the net amount of wages being paid to the employee. 2002, c. 18, Sched. J, s. 3 (5).

Deductions, etc.

13. (1) An employer shall not withhold wages payable to an employee, make a deduction from an employee’s wages or cause the employee to return his or her wages to the employer unless authorized to do so under this section. 2000, c. 41, s. 13 (1).

Statute or court order

(2) An employer may withhold or make a deduction from an employee’s wages or cause the employee to return them if a statute of Ontario or Canada or a court order authorizes it. 2000, c. 41, s. 13 (2).

Employee authorization

(3) An employer may withhold or make a deduction from an employee’s wages or cause the employee to return them with the employee’s written authorization. 2000, c. 41, s. 13 (3).

Exception

(4) Subsections (2) and (3) do not apply if the statute, order or written authorization from the employee requires the employer to remit the withheld or deducted wages to a third person and the employer fails to do so. 2000, c. 41, s. 13 (4).

Same

(5) Subsection (3) does not apply if,

(a) the employee’s authorization does not refer to a specific amount or provide a formula from which a specific amount may be calculated;

(b) the employee’s wages were withheld, deducted or required to be returned,

(i) because of faulty work,

(ii) because the employer had a cash shortage, lost property or had property stolen and a person other than the employee had access to the cash or property, or

(iii) under any prescribed conditions; or

(c) the employee’s wages were required to be returned and those wages were the subject of an order under this Act. 2000, c. 41, s. 13 (5).

Priority of claims

14. (1) Despite any other Act, wages shall have priority over and be paid before the claims and rights of all other unsecured creditors of an employer, to the extent of $10,000 per employee. 2000, c. 41, s. 14 (1).

Exception

(2) Subsection (1) does not apply with respect to a distribution made under the Bankruptcy and Insolvency Act (Canada) or other legislation enacted by the Parliament of Canada respecting bankruptcy or insolvency. 2001, c. 9, Sched. I, s. 1 (3).

Prince Edward Island - Payment of Wages

PAYMENT AND PROTECTION OF PAY
30. (1) Every employer shall furnish to every employee at the time wages Pay statement
are being paid a statement in writing showing the following:
(a) the name and address of the employer and the name of the
employee;
(b) the period of time or the work for which the wages are being
paid;
(c) the rate of wages to which the employee is entitled and the
number of hours worked;
(d) the gross amount of wages to which an employee is entitled;
(e) the amount and purpose of each deduction;
(f) any bonus, gratuity, living allowance, or other payment to which
the employee is entitled; and
(g) the net amount of money being paid to the employee.
(2) An employer shall Payment
(a) pay the employee at such times that the interval between pays is
not more than sixteen days; and
(b) when paying an employee, include all wages earned up to and
including a day that is not more than five working days prior to the
time fixed for payment.
(3) An employer is not required to comply with clause (2)(a) or (b) if Exceptions
the payments are made under the terms of a collective agreement or in
accordance with an order of the board with respect thereto.
(4) An employee who is absent at the time fixed for payment of wages Payment to absent
or who, for any other reason, is not paid at that time, is entitled to be paid employee
on demand thereafter, during regular hours of work.


19
20 Cap. E-6.2 Employment Standards Act

(5) Any pay to which an employee is entitled on termination of
Payment on termination of employment shall be paid by the employer to the employee not later than employment the last day of the next pay period after termination of employment.
Determination of amount payable (6) Where an employer has failed to pay an employee
(a) the amount of wages due such employee; and
(b) any vacation pay or gratuities to which the employee is entitled,
the inspector shall determine the difference between the amount paid to
the employee and the amount to which the employee is entitled.
Complaint (7) Where an employer has failed or refused to provide any benefit to
respecting benefits which an employee is entitled, but which is not required to be paid
directly to the employee, the employee may, within twelve months of the
alleged violation, make a complaint to an inspector and the inspector
shall determine the amount to which the employee is entitled.
Inquiry (8) Where an inspector receives a complaint under subsection (7) or
has reasonable grounds to believe there has been a failure to comply with
this Act, the inspector shall inquire into the matter.
Order of inspector (9) Where an inspector determines that an employer has contravened a
provision of this Act within the preceding twelve months, the inspector
shall notify the employer of any determination made under subsection (6)
or (7) and may order the employer to
(a) do any act that in the opinion of the inspector constitutes full
compliance with this Act; and
(b) pay over to the inspector in trust not later than a date designated
in such notice, any unpaid wages, overtime pay, or vacation pay not
exceeding $5,000 owing to an employee as determined under
subsection (6) or any benefits owing to the employee as determined
under subsection (7), or both.
Content of order (10) Where an inspector has received from an employer unpaid wages,
overtime pay, vacation pay or benefits under clause (9)(b), the inspector
shall in any order made under subsection (9) specify the provision of this
Act that has been contravened and advise the employer against whom the
order is made of the right to appeal to the board within ten days of
receipt of the order made under subsection (9).
Payment to (11) Where no appeal is made to the board within the time specified in
employees subsection (10), the inspector shall pay to the employee or employees all
monies collected on their behalf.
Valueless cheque (12) For the purpose of subsection (6), an employer who pays an
employee by means of a cheque which, within six months from the date
of issue, is determined to be valueless shall be deemed to have failed to
pay the employee.

20
Employment Standards Act Cap. E-6.2 21

(13) An inspector shall have standing to bring action in any court of
Action by inspector competent jurisdiction or otherwise to pursue any claim to recover for recovery of unpaid wages, unpaid vacation pay or any other monies owing under this wages etc
Act on behalf of the board, any employee or any group of employees.
(14) An employee who, having made a complaint to an inspector, is Complaint to board
not satisfied with the result may make a complaint in writing to the
board.
(15) Any employer affected by an order made under this Act by an Appeal
inspector may, within ten days after the order is served, file an appeal
with the board, and where no such appeal is filed the order of the
inspector is deemed to be an order of the board.
(16) An employer in respect of whom an inspector has made an order Compliance with
under this Act shall comply with the order unless an appeal has been orders
filed with the board.
(17) In any proceeding before the board with respect to a complaint Parties
pursuant to subsection (6) or (7) or an appeal pursuant to subsection (15)
the parties shall be
(a) the employer;
(b) the employee or group of employees;
(c) the inspector; and
(d) any other person specified by the board upon such notice as the
board may determine.
(18) In any proceeding before the board any of the parties may be Representative
heard through a representative.
(19) Where a group of employees having the same or substantially the Idem
same interests has a complaint pursuant to this Act, one complaint may
be made in a representative capacity.
(20) In any proceeding before the board pursuant to subsection (17), Procedure
the board shall
(a) review the matter at a hearing;
(b) give the employer, employee, group of employees or the
representative of any of them, full opportunity to present evidence
and make submissions;
(c) decide whether or not a party has contravened this Act;
(d) determine the amount, if any, owing to the employee or group of
employees; and
(e) make an order in writing to the contravening party to
(i) do any act that, in the opinion of the board constitutes full
compliance with the provision contravened, and

21
22 Cap. E-6.2 Employment Standards Act

(ii) rectify an injury caused to the person injured or make compensation therefor.
Compliance with board order (21) A person to whom an order of the board has been directed shall forthwith comply with the order.
Registration of (22) An inspector or any employee or group of employees on whose
order in Supreme behalf an order has been made under this Act may enter with the
Court Registrar of the Court of Appeal and the Supreme Court
(a) an order of an inspector by which an employer is ordered to do
any act or to pay unpaid pay in respect of which the time for appeal
to the board has elapsed and no appeal has been filed; or
(b) an order of the board by which an employer is ordered to do any
act or to pay unpaid pay, as if it were an order of the Supreme Court and every such order is
thereafter enforceable as an order of the Supreme Court.
Disbursement of (23) Subject to subsection (24), where any sheriff has possession or
property or control of any property of the person against whom an order has been
proceeds by sheriff entered in accordance with subsection (21), or the proceeds thereof, the
sheriff shall disburse the proceeds in accordance with the priorities
established by this Act.
Challenge of order (24) Where an order has been entered as an order of the Supreme
Court in accordance with subsection (22), any person other than the
employer may challenge the order in interpleader proceedings or on
application to set aside any execution thereunder as provided for by the
rules of court but the order of an inspector or the board is prima facie
proof that the amount of money ordered to be paid was due and owing
when the order was made.
Attachment order (25) Where an order has been entered as an order of the Supreme
Court in accordance with subsection (22), the inspector shall notify the
sheriff and apply for an attachment order against the employer as
provided for in the rules of court.
Sureties (26) Notwithstanding the requirements of the rules of court, an
inspector is not required to have sureties or give any security.
1992,c.18,s.30; 2008,c.20,s.72(26).
Lien for unpaid pay 31. (1) Unpaid pay set out in a determination constitutes a lien, charge
and secured debt in favour of the inspector against all the real and
personal property of the obligor, including money due or accruing due to
the obligor from any source.
Priority (2) Notwithstanding any other Act, the amount of a lien and charge
and secured debt referred to in subsection (1) is payable and enforceable

22
Employment Standards Act Cap. E-6.2 23

in priority over all liens, judgments, charges, or any other claims or
rights including those of the Crown in right of the province and, without
limiting the generality of the foregoing, the amount has priority over
(a) an assignment, including an assignment of book debts, whether
absolute or otherwise and whether crystallized or not;
(b) a mortgage of real or personal property;
(c) a debenture charging personal property, whether crystallized or
not; and
(d) a contract, account receivable, insurance claim or proceeds of a
sale of goods whether made or created before or after the date the wages were earned
or the date a payment for the benefit of an employee became due.
1992,c.18,s.31.
32. (1) Where an inspector has knowledge or suspects that a person is or Payment to
inspector by third is about to become indebted or liable to make any payment to an party
employer who is liable to make any payment under this Act, the
inspector may, by registered letter or by a letter served personally,
demand that the person pay the monies otherwise payable to the
employer in whole or in part to the inspector in trust on account of the
liability under this Act.
(2) The receipt of an inspector for monies paid as required under this Receipt constituted
section is a good and sufficient discharge of the original liability to the discharge
extent of the payment.
(3) Every person who has discharged any liability to an employer who Liability
is liable to make a payment under this Act without complying with a
demand under this section is liable to pay an amount equal to the liability
discharged or the amount that is required to be paid under this section,
whichever is the lesser. 1992,c.18,s.32.
 
WAGES
Powers of board to 5. (1) The board, subject to the approval of the Lieutenant Governor in
make orders Council, shall by order
(a) fix one minimum wage for all employees;
(b) fix the minimum wage upon an hourly, daily, weekly, monthly or
other basis;
(c) specify when and under what conditions deductions may be
made from the wages of an employee, and what notification the
employee should be given thereof prior to such deduction;
(d) fix the maximum amount, if any, that may be deducted from the
wages of an employee where the employer furnishes to the
employee, board, lodging, uniforms, laundry or other services, and
prescribe the notification required to be given to the employee prior
to such deduction,
and may exempt any employee or group of employees from the operation
of any order made under clause (c) or (d).
Review (2) The board shall meet at least once a year to review the Minimum
Wage Order.
Criteria (3) In advising the Lieutenant Governor in Council, the board shall
take into account the social and economic effects of the minimum wage
rates in the province and shall consider among other matters
(a) any cost of living increase since any previous order affecting the
cost to an employee of purchasing the necessities of life, including
housing, food, clothing, transportation and health care and supplies;
and
(b) economic conditions within the province and the concept of
reasonable return on private investment.
Posting orders (4) An employer shall post and keep posted in a conspicuous place in
the work establishment, a copy of all applicable minimum wage orders.
Other notices (5) Additional notice of any order made under this section shall be
given by employers to employees in such manner as the board may
direct.
Publication (6) Every order of the board shall be published in the Gazette and shall
name a date, at least fourteen days subsequent to the date of publication,
on which it comes into force.
Binding effect of (7) Every order of the board is binding upon the employer and
orders employees effective from the date of its coming into force and no order
is subject to variation through individual agreement except with the
authorization of the board.

6
Employment Standards Act Cap. E-6.2 7

(8) Upon the petition of any employer or employee or upon its own
Amendment, etc motion, the board may review, suspend, vary or rescind any order.

Quebec - Payment of Wages

DIVISION I
WAGES

39.1. (Repealed).

1990, c. 73, s. 12; 1999, c. 40, s. 196; 2002, c. 6, s. 236; 2002, c. 80, s. 8.

Minimum wage.

40. The minimum wage payable to an employee shall be determined by regulation of the Government.

Wage.

An employee is entitled to be paid a wage that is at least equivalent to the minimum wage.

1979, c. 45, s. 40; 2002, c. 80, s. 9.

40.1. (Repealed).

1997, c. 20, s. 15; 2007, c. 3, s. 64.

Benefit having pecuniary value.

41. No benefit having pecuniary value may be taken into account in computing the minimum wage.

1979, c. 45, s. 41.

Equal rate.

41.1. No employer may remunerate an employee at a lower rate of wage than that granted to other employees performing the same tasks in the same establishment for the sole reason that the employee usually works less hours each week.

Exception.

The first paragraph does not apply to an employee remunerated at a rate of pay which is more than twice the rate of the minimum wage.

1990, c. 73, s. 13.

Payment in cash.

42. Wages must be paid in cash in a sealed envelope or by cheque. The payment may be made by bank transfer if so provided in a written agreement or a decree.

Presumption.

An employee is deemed not to have received payment of the wages due to him if the cheque delivered to him is not cashable within the two working days following its issue.

1979, c. 45, s. 42; 1980, c. 5, s. 2.

Payment at regular intervals.

43. Wages must be paid at regular intervals of not over sixteen days, or one month in the case of managerial personnel or of workers contemplated in subparagraphs i, ii, and iii of paragraph 10 of section 1. However, any amount in excess of the regular wages, such as a bonus or premium for overtime, earned during the week preceding payment of the wages may be paid with the subsequent regular payment or, where that is the case, at the time prescribed by a particular provision of a collective agreement or decree.

Exception.

Notwithstanding the first paragraph, an employer may pay an employee within one month following the commencement of his employment.

1979, c. 45, s. 43; 1990, c. 73, s. 14, s. 66.

Direct payment.

44. The wages of an employee must be paid directly to him, at his place of employment and on a working day, except where the payment is made by bank transfer or is sent by mail.

Payment to a third person.

The wages of an employee may also, at his written request, be remitted to a third person.

1979, c. 45, s. 44.

Statutory holiday.

45. If the usual day of payment of wages falls on a general statutory holiday, the wages are paid to the employee on the working day preceding that day.

1979, c. 45, s. 45.

Pay sheet.

46. The employer must remit to the employee, together with his wages, a pay sheet containing sufficient information to enable the employee to verify the computation of his wages. That pay sheet must include, in particular, the following information, where applicable:

(1) the name of the employer;

(2) the name of the employee;

(3) the identification of the employee's occupation;

(4) the date of the payment and the work period corresponding to the payment;

(5) the number of hours paid at the prevailing rate;

(6) the number of hours of overtime paid or replaced by a leave with the applicable premium;

(7) the nature and amount of the bonuses, indemnities, allowances or commissions that are being paid;

(8) the wage rate;

(9) the amount of wages before deductions;

(10) the nature and amount of the deductions effected;

(11) the amount of the net wages paid to the employee;

(12) the amount of the tips reported by the employee pursuant to section 1019.4 of the Taxation Act (chapter I-3);

(13) the amount of the tips he has attributed to the employee under section 42.11 of the Taxation Act.

Exemption.

The Government, by regulation, may require any other particular it deems pertinent. It may also exempt a category of employers from the application of any of the above particulars.

1979, c. 45, s. 46; 1983, c. 43, s. 10; 1990, c. 73, s. 15; 1997, c. 85, s. 364.

Signing formality.

47. No signing formality other than that establishing that the sum remitted to the employee corresponds to the amount of net wages indicated on the pay sheet may be required upon payment of the wages.

1979, c. 45, s. 47.

Acceptance of a pay sheet.

48. Acceptance of a pay sheet by an employee does not entail his renunciation of the payment of all or part of the wages that are due to him.

1979, c. 45, s. 48.

Deductions from wages.

49. No employer may make deductions from wages unless he is required to do so pursuant to an Act, a regulation, a court order, a collective agreement, an order or decree or a mandatory supplemental pension plan.

Deductions.

The employer may make deductions from wages if the employee consents thereto in writing, for a specific purpose mentioned in the writing.

Deduction revoked.

The employee may at any time revoke that authorization, except where it pertains to membership in a group insurance plan, or a supplemental pension plan. The employer shall remit the sums so withheld to their intended receiver.

1979, c. 45, s. 49; 1989, c. 38, s. 274; 2002, c. 80, s. 10.

Gratuity or tip.

50. Any gratuity or tip paid directly or indirectly by a patron to an employee who provided the service belongs to the employee of right and must not be mingled with the wages that are otherwise due to the employee. The employer must pay at least the prescribed minimum wage to the employee without taking into account any gratuities or tips the employee receives.

Gratuity or tip.

Any gratuity or tip collected by the employer shall be remitted in full to the employee who rendered the service. The words gratuity and tip include service charges added to the patron's bill but do not include any administrative costs added to the bill.

Arrangement to share.

The employer may not impose an arrangement to share gratuities or a tip-sharing arrangement. Nor may the employer intervene, in any manner whatsoever, in the establishment of an arrangement to share gratuities or a tip-sharing arrangement. Such an arrangement must result solely from the free and voluntary consent of the employees entitled to gratuities or tips.

Computation of indemnity.

However, an indemnity provided for in any of sections 58, 62, 74, 76, 80, 81, 81.1 and 83 is computed, in the case of an employee who is an employee referred to in section 42.11 or 1019.4 of the Taxation Act (chapter I-3), on the basis of the wages increased by the tips attributed under that section 42.11 or reported under that section 1019.4.

1979, c. 45, s. 50; 1983, c. 43, s. 11; 1997, c. 85, s. 365; 2002, c. 80, s. 11.

Credit card costs.

50.1. No employer may require an employee to pay credit card costs.

1997, c. 85, s. 366; 2002, c. 80, s. 12.

Prohibition.

50.2. No employer may refuse to receive a written report made pursuant to section 1019.4 of the Taxation Act (chapter I-3).

1997, c. 85, s. 366.

Room and board.

51. The maximum amount that an employer may require for room and board from one of his employees is that which is fixed by regulation of the Government.

1979, c. 45, s. 51.

Domestic.

51.0.1. Notwithstanding section 51, an employer may not require an amount for room and board from a domestic who is housed or takes meals in the employer's residence.

1997, c. 72, s. 4.

Prohibition.

51.1. No employer may, directly or indirectly, be reimbursed by an employee for the contribution provided for in Chapter III.1.

Saskatchewan - Payment of Wages

PART VII
Employees' Wages

42 Repealed. 1994 c39 s25.
Notice to employee of discharge
43 Except for just cause other than shortage of work, no employer shall discharge
or lay off an employee who has been in his service for at least three continuous
months without giving that employee at least:
(a) one week's written notice, if his period of employment is less than one
year;
(b) two weeks' written notice, if his period of employment is one year or more
but less than three years;
(c) four weeks' written notice, if his period of employment is three years or
more but less than five years;
(d) six weeks' written notice, if his period of employment is five years or
more but less than 10 years;
(e) eight weeks' written notice, if his period of employment is 10 years or
more.
1979-80, c.84, s.10.


Payment to employee in case of discharge or lay-off

44(1) Where an employer discharges or lays off an employee in accordance with
section 43, he shall pay to the employee, in respect of the period of the notice given
under that section, the sum earned by the employee during that period or a sum
equivalent to the employee's normal wages for the period of the notice exclusive of
overtime, whichever is the greater.
(2) Where an employer, contrary to section 43, discharges or lays off an employee
without having given the notice required by that section, he shall pay to the
employee, in respect of the minimum period of notice required by section 43, a sum
equivalent to the employee's normal wages for that period, exclusive of overtime.

(3) Where the wages of an employee, exclusive of overtime, vary from week to
week, his normal wages for one week shall, for the purposes of subsection (1) or (2),
be deemed to be the equivalent of his average weekly wage, exclusive of overtime,
for the four weeks he worked immediately preceding the date on which notice of
termination of employment or lay-off was given or, where such notice was not
given, the date on which he was discharged or laid off.

1976-77, c.36, s.44; R.S.S. 1978, c.L-1, s.44;
1979-80, c.84, s.11.

Notice of group termination

44.1(1) In addition to the requirements of sections 43 and 43.1 but subject to
subsection (3), an employer who intends to terminate the employment of 10 or more
employees in an establishment within any four-week period shall give written
notice of that intention, in accordance with subsection (2), to each of the following:
(a) the minister;
27

LABOUR STANDARDS c.L-1

(b) each employee whose employment will be terminated;
(c) if applicable, a trade union that is:
(i) certified to represent any employees whose employment will be
terminated; or
(ii) recognized by the employer as bargaining agent for any employees
whose employment will be terminated.
(2) The written notice required by subsection (1):
(a) must specify:
(i) the number of employees whose employment will be terminated;
(ii) the effective date or dates of their terminations; and
(iii) the reasons for the terminations; and
(b) must be given within the time prescribed in the regulations.
(3) The notice required by subsection (1) may be given concurrently with the
notice required by section 43 or 43.1.
1994, c.39, s.28.

Dismissal, etc., for illness or injury prohibited

44.2(1) Except for just cause unrelated to injury or illness, no employer shall
dismiss, suspend, lay off, demote or discipline an employee because of absence due
to the illness or injury of the employee or illness or injury of a member of the
employee's immediate family as defined in section 29.3 who is dependent on the
employee if:
(a) the employee has been in the employer's service for at least 13
consecutive weeks prior to the absence;
(b) either:
(i) subject to subsection (1.2), in the case of serious illness or injury, the
absence does not exceed 12 weeks in a period of 52 weeks; or
(ii) in the case of illness or injury that is not serious, the absences do not
exceed a total of 12 days in a calendar year, except where it can be
demonstrated that the employee has a record of chronic absenteeism and
there is no reasonable expectation of improved attendance; and
(c) the employee, if requested in writing by the employer, provides the
employer with a certificate of a duly qualified medical practitioner certifying
that the employee was incapable of working due to illness or injury or
certifying the illness or injury of the member of the employee's immediate
family, as the case may be.
(1.1) Notwithstanding subsection (1) and subject to subsection (1.2), except for
just cause, no employer shall dismiss, suspend, lay off, demote or discipline an
employee because of absence if for the period of absence the employee is receiving
benefits or is in the waiting period for benefits pursuant to section 23.1 of the
Employment Insurance Act (Canada).
28

c.L-1 LABOUR STANDARDS

(1.2) If subsections (1) and (1.1) both apply, the combined periods of absence must
not exceed 16 weeks in a period of 52 weeks.
(2) The period of absence permitted by clause (1)(b) shall be extended to 26 weeks
where the employee is receiving compensation pursuant to The Workers'
Compensation Act, 1979.
(3) Nothing in this section limits or abrogates an employee's rights at common law
or pursuant to The Saskatchewan Human Rights Code.
1994, c.39, s.28; 2004, c.40, s.7.

Reassignment, etc., of disabled employee

44.3(1) Where an employee becomes disabled and the disability would unreasonably
interfere with the performance of the employee's duties, the employer shall, where
reasonably practicable, modify the employee's duties or reassign the employee to
another job.
(2) In any prosecution alleging a contravention of this section, the onus is on the
employer to prove that it is not reasonably practicable to modify the employee's
duties or reassign the employee to another job.
1994, c.39, s.28.

More favourable provisions in contract of service or custom to prevail

45 Nothing in section 43 affects any provision in a contract of service, or any
recognized custom, by virtue of which an employee is entitled to a longer notice of
termination of employment or lay off or to more favourable compensation in respect
of the period of any such notice than is provided for by that section.
1976-77, c.36, s.45; R.S.S. 1978, c.L-1, s.45;
1979-80, c.84, s.12.


Provision of benefits

45.1 Where an employer provides a benefit to employees who work at least 30
hours per week or any other number of hours prescribed in the regulations, the
employer shall provide benefits in accordance with the regulations to all eligible
employees.
1994, c.39, s.30.


Practice respecting payment of wages to be continued

46 Subject to section 47, no employer shall, unless authorized by the minister,
pay wages to his employees:
(a) less frequently; or
(b) later, in relation to the period during which the wages are earned;
than he paid wages to his employees immediately before March 1, 1961.
1976-77, c.36, s.46; R.S.S. 1978, c.L-1, s.46.
29

LABOUR STANDARDS c.L-1

Request for pay every seven days

47(1) Upon the request of a majority of employees employed at an hourly, daily or
weekly wage in or in connection with a designated unit of the business of their
employer, the employer shall, not less frequently than at the end of every period of
seven days, pay to every such employee the entire amount of wages to which he is
entitled up to a day not more than six days before the date of payment.
(2) In the case of dispute respecting the validity of a request under subsection (1)
or the appropriateness of a designated unit, the director shall determine whether
the request is valid or the unit is appropriate.
1976-77, c.36, s.47; R.S.S. 1978, c.L-1, s.47.

Time for payment of wages in cases not provided for

48(1) Subject to subsections (2), (3) and (5), every employer other than an
employer to whom section 46 to 47 applies shall, not less frequently than semi-
monthly, or at the end of every period of 14 days, pay to each of his employees the
entire amount of wages to which he is entitled up to a day not more than six days
before the date of payment.
(1.1) Where an employee is paid his or her holiday pay together with the
employee's wages at each regular payment of wages, the employer shall, not later
than at the time when wages are paid, provide to the employee a written statement
that:
(a) specifies the amount paid as wages and the amounts paid as annual
holiday pay and public holiday pay, if any; and
(b) meets any requirements prescribed in the regulations.
(1.2) Wages and other amounts that are not included in a written statement
pursuant to subsection (1.1) are deemed not to have been paid unless the employer
can establish that the employee was regularly informed of the amounts of annual
holiday pay and public holiday pay, if any, that were paid to the employee at each
regular payment of wages.
(2) Every employee who terminates his employment or whose employment is
terminated for any reason shall be paid his wages in full by his employer within 14
days after the day on which the termination of employment takes effect.
(3) Subject to subsection (4), all wages of employees shall, at the employer's
discretion, be paid to them during their working hours or delivered to their places of
residence or sent to them by mail in envelopes addressed to their places of
residence.
(4) Where an employee, for reasons beyond the control of the employer or the
employee, is at the time fixed for payment of the employee's wages absent from the
place where his wages are payable, his pay shall be sent by registered mail
forthwith to his last known address.
(5) Notwithstanding subsections (3) and (4), upon an agreement between the
employer and the employee, the employer shall deposit the employee's wages in an
account of a chartered bank or credit union of the employee's choice.
1976-77, c.36, s.48; R.S.S. 1978, c.L-1, s.48;
1994, c.39, s.31.
30

c.L-1 LABOUR STANDARDS

Manner of payment

49(1) All wages shall be paid in Canadian currency or by cheque drawn upon a
chartered bank or a credit union or deposited to the employee's account in a
chartered bank or credit union, and where a contract between an employee and his
employer contains a provision for payment in any other manner that provision is
illegal and void.
(2) Where an employer issues a cheque in payment of wages that is not honoured,
he is guilty of a violation of this Act.
1976-77, c.36, s.49; R.S.S. 1978, c.L-1, s.49.

Restricting provision in contract void
50 Where a contract made between an employee and his employer contains a
provision respecting the place where or the manner in which or the person with
whom the whole or any part of the wages of the employee shall be expended, that
provision is illegal and void.
1976-77, c.36, s.50; R.S.S. 1978, c.L-1, s.50.

Payment of undisputed part of disputed wage claim
51(1) In the case of a dispute respecting wages the employer shall give written
notice to the employee of the amount admitted to be due, and he shall forthwith pay
that amount to the employee unconditionally.
(2) Acceptance by an employee of a payment pursuant to subsection (1) does not
constitute a waiver of the remainder of the amount claimed by him.
1976-77, c.36, s.51; R.S.S. 1978, c.L-1, s.51;
1984-85-86, c.16, s.13.

Wages payable notwithstanding industrial dispute
52(1) Subject to subsection (2), in the event of a stoppage of work as a result of an
industrial dispute, the full amount of wages of an employee unpaid at the time of
the stoppage is due on the day on which the amount would customarily be payable
in accordance with this Act.
(2) Where subsection (1) applies and the director is satisfied that an employer is
prevented from paying wages on the day they would customarily be paid due to
factors beyond the employer's control, the director may authorize the employer to
pay wages on another day to be specified by the director.
1976-77, c.36, s.52; R.S.S. 1978, c.L-1, s.52.

Responsibility of certain contractors with respect to wages of subcontractors' employees
53 Where an employer or a contractor contracts with any other person for the
performance of the employer's or contractor's work, or any part thereof, the
employer or contractor shall provide by the contract that the employees of that
other person shall be paid the wages to which they are entitled according to law,
and if that other person fails to pay such wages to his employees, the employer or
contractor, as the case may be, is liable to the employees to the extent of the work
performed under the contract as if the employees were employed by the employer or
contractor.
1976-77, c.36, s.53; R.S.S. 1978, c.L-1, s.53.
31

LABOUR STANDARDS c.L-1

Third party demand

54(1) Without limiting the generality of section 82, in this section and in
section 55, "wages" includes overtime, annual holiday pay, public holiday pay and
pay in lieu of notice.
(2) Subject to the regulations, the director may serve a third party demand on a
person where the director has knowledge or reasonable grounds to believe or
suspects that:
(a) an employer has failed or is likely to fail to pay wages to an employee as
required by this Act; and
(b) the person on whom the demand is served is or is about to become a third
party.
(3) Subject to subsection (4) and section 55.1, a third party demand must require
the payment of the lesser of:
(a) the amount of the indebtedness of the third party to the employer; and
(b) the amount specified in the demand.
(4) The amount required by a third party demand to be paid to the director must
not exceed the director's estimate of the total amount of all wage claims against the
employer.
(5) Service of a third party demand on the third party binds any debt due when
the demand is served or accruing due while the demand is in force from the third
party to the employer to the extent of the amount set out in the demand.
(6) The director may serve a third party demand pursuant to subsection (2)
notwithstanding that:
(a) the director has not issued a wage assessment against the employer; or
(b) a wage assessment has been issued and:
(i) the appeal period has expired; or
(ii) the person against whom the wage assessment was issued has
commenced an appeal pursuant to section 62 or 62.3 and:
(A) the appeal is still pending; or
(B) the appeal has been dismissed.
(7) Unless it is revoked by the director, a third party demand remains in force for:
(a) 90 days after the day on which the demand is served; or
(b) any longer period that the director may specify in the demand.
(8) Where a third party demand has expired or been revoked, but the circumstances
set out in subsection (2) exist, the director may serve a further third party demand
on the same third party.
(9) The receipt of the director for moneys paid pursuant to a third party demand is
a good and sufficient discharge of the liability of the third party to the employer to
the extent of the payment by the third party pursuant to the demand.
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c.L-1 LABOUR STANDARDS

(10) Where a third party is served with a third party demand and subsequently
discharges any liability to the employer or fails to comply with the third party
demand, the third party is liable to the director to the extent of the lesser of:
(a) the amount of liability discharged to the employer; or
(b) the amount specified in the demand.
(11) The amount mentioned in clause (10)(a) or (b) may be recovered from the
third party in accordance with section 62.4.
1994, c.39, s.32.

Moneys received by director pursuant to third party demand

55(1) Where the director receives moneys pursuant to a third party demand that
is served after a wage assessment is issued, the director shall:
(a) where the employer and the employees agree on the amount of the
unpaid wages due and owing to the employees, pay to the employees the
amount agreed on;
(b) where the employer does not appeal the wage assessment, pay to the
employees the amount of their outstanding wages, or a pro-rata share, after
the expiration of the appeal period; or
(c) where the employer appeals the wage assessment, pay to the employees
the amount of their outstanding wages, or a pro-rata share, on the final
determination of the appeal.
(2) Where the director issues a third party demand prior to issuing a wage
assessment against the employer, the director shall, promptly after receiving
moneys pursuant to the demand:
(a) where the employer and the employees agree on the amount of the
unpaid wages due and owing to the employees, pay to the employees the
amount agreed on; or
(b) where the employer and the employees do not agree on the amount of the
unpaid wages due and owing to the employees, issue a wage assessment
against the employer, and:
(i) where the employer does not appeal the wage assessment, pay to the
employees the amount of their outstanding wages, or a pro-rata share,
after the expiration of the appeal period; or
(ii) where the employer appeals the wage assessment, pay to the
employees the amount of their outstanding wages, or a pro-rata share, on
the final determination of the appeal.
1994, c.39, s.32.
33

LABOUR STANDARDS c.L-1

Dispute of liability by third party
55.1(1) Where a third party disputes his or her liability to an employer, the third
party may apply to a judge of the Court of Queen's Bench to set aside the third
party demand, and the application is deemed to be an application pursuant to
section 10 of The Attachment of Debts Act.
(2) For the purposes of subsection (1):
(a) the third party demand is deemed to be a garnishee summons;
(b) the third party is deemed to be a garnishee;
(c) the director, acting on behalf of employees, is deemed to be a plaintiff;
and
(d) the employer is deemed to be a defendant.
(3) Sections 15 to 21 of The Attachment of Debts Act apply, with any necessary
modification, where a third party disputes his or her liability pursuant to
subsection (1).
1994, c. 39, s.32.

Trust for wages due

56(1) In this section:
(a) "purchase-money security interest" means:
(i) a security interest that is taken or reserved by a seller of personal
property to secure payment of all or part of its sale price; or
(ii) a security interest that is taken by a person who gives value for the
purpose of enabling the debtor to acquire rights in or to the personal
property, to the extent that the value is applied to acquire such rights;
(b) "security interest" means an interest in property that secures payment
or performance of an obligation.
(1.1) Notwithstanding any other Act, every employer shall hold all wages
accruing due or due to an employee in trust for the employee for the payment of
those wages in the manner and at the time provided under this Act and the
regulations, and, in the event that such wages are not held in trust, the employer is
deemed to hold an amount equal to the amount of wages in trust for the employee.
(1.2) Wages accruing due or due to an employee are deemed to be secured by a
security interest upon the property and assets of the employer or his estate,
whether or not such property or assets are subject to other security interests, and
the security interest for wages is payable in priority to any other claim or right in
the property or assets, including any claim or right of the Crown in right of
Saskatchewan, and, without limiting the generality of the foregoing, that priority
extends over every security interest, lien, charge, encumbrance, mortgage,
assignment, including an assignment of book debts, debenture or other security,
whether perfected within the meaning of The Personal Property Security Act, 1993
or not, made or given, accepted or issued before or after the wages accrued due,
without registration or other perfection of the deemed security interest for wages.
34

c.L-1 LABOUR STANDARDS

(1.3) Notwithstanding subsection (1.2), the charge mentioned in that subsection
does not take priority over:
(a) a purchase-money security interest that is:
(i) taken prior to the wages' accruing due;
(ii) registered within the time periods mentioned in section 22 of The
Personal Property Security Act, 1993;
(b) a mortgage of real property granted by an employer prior to the wages'
accruing due;
(c) the interest of a seller under an agreement for sale of real property or
under a mortgage back arrangement or the interest of a person who gives
value for the purpose of enabling an employer to acquire rights in real
property, to the extent that the value is applied to acquire such rights.
(2) Notwithstanding subsections (1.1) to (1.3), an employee is entitled to recover
from his employer all wages owing and not paid to the employee by pursuing any
lawful remedy provided for the recovery of wages and no employer shall, in an
action, suit or other proceeding brought against him by an employee for the
recovery of wages, set off any amount against, or claim any reduction of, the
employee's demand by reason of the delivery to him of goods, wares or merchandise
on account of wages.
(3) Where an employer has failed or neglected to hold wages in trust as provided
by subsection (1.1) and the assets of the employer are not sufficient to pay in full the
trust moneys owing to each of his employees, the employees shall share amongst
themselves the assets of the employer on a pro rata basis.
(4) Notwithstanding subsections (1) to (3), in a case referred to in subsection (3),
the director of a corporation who is an employee of the corporation is not entitled to
the benefit provided to employees by this section until such time as the claims for
wages of the other employee or employees of the corporation have been satisfied.
1976-77, c.36, s.56; R.S.S. 1978, c.L-1, s.56;
1980-81, c.63, s.5; 1993, c.P-6.2, s.80.

No right of action for goods supplied

57 No employer shall bring or maintain an action, suit or other proceeding
against an employee for goods, wares or merchandise sold, delivered or supplied to
the employee while in his employment on account of wages.
1976-77, c.36, s.57; R.S.S. 1978, c.L-1, s.57.

Voluntary purchases by employee
58(1) Notwithstanding any other provision of this Act, where an employee
voluntarily purchases from his employer any goods, wares or merchandise, the
employer may deduct from the wages of the employee any amounts from time to
time payable by the employee to the employer in respect of goods, wares or
merchandise so purchased, and no action, suit or other proceeding shall be brought
or maintained by the employee against his employer in respect of any deduction so
made.
35

LABOUR STANDARDS c.L-1

(2) Notwithstanding any other provision of this Act, in any action, suit or other
proceeding brought by an employee against his employer for the recovery of money
due for labour or services, the employer may set off against, or claim in reduction of,
the employee's demand any amount payable by the employee to the employer in
respect of goods, wares or merchandise so purchased.
(3) Notwithstanding any other provision of this Act, an employer is entitled to
recover by action any amount payable to him in respect of goods, wares or
merchandise purchased by an employee in accordance with subsection (1).
1976-77, c.36, s.58; R.S.S. 1978, c.L-1, s.58.

Deductions from wages

59 Nothing in this Act prohibits an employer from making deductions from the
wages of an employee that may lawfully be deducted.
1976-77, c.36, s.59; R.S.S. 1978, c.L-1, s.59.

Wage assessment

60(1) Without limiting the generality of section 82, in this section and in
sections 61 to 62.4, "wages" includes overtime, annual holiday pay, public holiday
pay, pay in lieu of notice, monetary losses described in subsection 33(4) and
transportation costs described in subsection 44(2.5).
(2) The director may issue a wage assessment:
(a) against an employer where the director has knowledge or has reason to
believe or suspects that an employer has failed or is likely to fail to pay wages
as required by this Act; or
(b) against a corporate director where the director has knowledge or has
reason to believe or suspects that the corporate director is liable for wages in
accordance with section 63.
(3) The director shall issue a wage assessment against an employer where:
(a) the director has served a third party demand;
(b) the third party has paid money to the director in response to the third
party demand;
(c) the director has not already issued a wage assessment against the
employer in accordance with subsection (2); and
(d) there is no agreement pursuant to clause 55(2)(a).
(4) Where the director has issued a wage assessment pursuant to subsection (2)
or (3), the director shall cause the wage assessment to be served on the employer or
corporate director named in the wage assessment and on each employee who is
affected by the wage assessment.
(5) A wage assessment must:
(a) indicate the amount claimed against the employer or corporate director;
36

c.L-1 LABOUR STANDARDS

(b) direct the employer or corporate director to:
(i) pay the amount claimed within 21 days after the date of service of
the wage assessment; or
(ii) commence an appeal pursuant to section 62; and
(c) in the case of a wage assessment issued pursuant to subsection (3), set
out the amount paid to the director by the third party.
(6) The director may, at any time, amend or revoke a wage assessment.
1994, c.39, s.33.

Adjudicators

61(1) The Lieutenant Governor in Council, on the recommendation of the
minister after consultation with labour organizations and employer associations,
shall establish a list of adjudicators who are designated to hear appeals from wage
assessments or from a decision of the director made pursuant to subsection 62.4(2.1).
(2) In addition to any powers conferred on the adjudicators by this Act, the
adjudicator has:
(a) the powers of a commissioner pursuant to The Public Inquiries Act; and
(b) any powers conferred on adjudicators by the regulations.
1994, c.39, s.33; 2005, c.16, s.3.

Commencement of appeal to adjudicator

62(1) Any of the following may serve a notice of appeal on the registrar of appeals
within 21 days after the date of service of a wage assessment or a decision of the
director pursuant to subsection 62.4(2.1), as the case may be:
(a) an employer or corporate director who disputes liability for the amount
set out in a wage assessment;
(b) an employee who disputes the amount set out in a wage assessment;
(c) an employer or employee who disputes a decision of the director pursuant
to subsection 62.4(2.1).
(2) A notice of appeal must set out the grounds of appeal.
(3) If the appellant is an employer or a corporate director, the employer or
corporate director must deposit with the registrar of appeals:
(a) in the case of an appeal from a wage assessment, the amount set out in
the wage assessment or any other amount that is prescribed in the regulations;
or
(b) in any other case, the amount that is prescribed in the regulations.
(3.1) Subsection (3) does not apply if moneys have been paid to the registrar of
appeals pursuant to a third party demand.
37

LABOUR STANDARDS c.L-1

(4) On the final determination of an appeal, the deposit mentioned in subsection (3):
(a) shall be returned to the employer or corporate director if the determination
is in favour of the employer or corporate director;
(b) in the case of an appeal from a wage assessment, shall be applied to the
wage claims of the employees if the determination is in favour of the
employees; or
(c) in any other case, shall be retained by the director.
(5) On receipt of a notice of appeal and on the deposit of the required amount by
the appellant, the registrar of appeals shall:
(a) select an adjudicator from the list mentioned in section 61;
(b) set a time, date and place for the appeal; and
(c) give written notice of the time, date and place for the hearing of the
appeal to:
(i) the appellant;
(ii) the adjudicator;
(iii) the director; and
(iv) each employee on whose behalf the wage assessment or decision of
the director pursuant to subsection 62.4(2.1) is issued or, if an employee
is the appellant, the employer or corporate director.
(6) The registrar of appeals shall give the adjudicator a copy of the wage
assessment or decision of the director pursuant to subsection 62.4(2.1) and a copy of
the notice of appeal.
(7) In the case of an appeal from a wage assessment, the copy of the wage
assessment provided pursuant to subsection (6) is proof, in the absence of evidence
to the contrary, that the amount stated in the wage assessment is due and owing,
without proof of the signature or official position of the person appearing to have
signed the wage assessment.
1994, c.39, s.33; 2005, c.16, s.4.

Hearing by adjudicator

62.1(1) An adjudicator who is selected pursuant to subsection 62(5) shall conduct
a hearing of the appeal.
(2) Subject to any regulations made pursuant to section 84, the adjudicator may
determine the procedures by which the hearing is to be conducted.
(3) An adjudicator is not bound by the rules of law concerning evidence and may
accept any evidence that the adjudicator considers appropriate.
(4) An adjudicator may adjourn the hearing of an appeal from time to time and for
any period that the adjudicator considers necessary.
38

c.L-1 LABOUR STANDARDS

(5) Notwithstanding that a person who is directly affected by a hearing is neither
present nor represented at the hearing, where notice of the hearing has been given
to the person pursuant to subsection 62(5), the adjudicator may proceed with the
hearing and make any decision as though that person were present.
(6) The Arbitration Act, 1992 does not apply to adjudications conducted pursuant
to this Act.
1994, c.39, s.33.

Decision of adjudicator

62.2(1) Within 30 days after a hearing, the adjudicator shall:
(a) either:
(i) dismiss the appeal and confirm the amount claimed in the wage
assessment or confirm the decision of the director pursuant to
subsection 62.4(2.1); or
(ii) allow the appeal and:
(A) vary the amount claimed in the wage assessment;
(B) revoke the wage assessment; or
(C) revoke the decision of the director; and
(b) provide written reasons for the decision to the registrar of appeals.
(2) The adjudicator:
(a) may award interest at a rate prescribed in the regulations; and
(b) shall not award costs against any of the parties.
(3) On receipt of the decision from the adjudicator, the registrar of appeals shall
promptly serve a copy of the decision on the director, the appellant and:
(a) on each employee who is directly affected by the decision; or
(b) where the appellant is an employee, on the employer or corporate
director.
1994, c.39, s.33; 2005, c.16, s.5.

Further appeals

62.3(1) An employer, a corporate director, an employee named in a wage
assessment or a decision of the director pursuant to subsection 62.4(2.1) or the
director on behalf of employees may, by notice of motion, appeal a decision of the
adjudicator on a question of law or of jurisdiction to a judge of the Court of Queen's
Bench within 21 days after the date of the decision.
(2) An employer, a corporate director, an employee named in a wage assessment
or a decision of the director pursuant to subsection 62.4(2.1) or the director on
behalf of employees may, with leave of a judge of the Court of Appeal, appeal the
decision of a judge of the Court of Queen's Bench on a question of law or of
jurisdiction to the Court of Appeal within 30 days after the date of the decision.
39

LABOUR STANDARDS c.L-1

(3) Unless otherwise ordered by a judge of the Court of Queen's Bench, or in the
case of an appeal taken pursuant to subsection (2), a judge of the Court of Appeal,
enforcement of the decision of the adjudicator or the decision of the judge of the
Court of Queen's Bench is not stayed by the appeal.
(4) The record of an appeal consists of:
(a) the wage assessment or a decision of the director pursuant to
subsection 62.4(2.1);
(b) the notice of appeal served on the registrar of appeals;
(c) the written decision of the adjudicator;
(d) the notice of motion commencing the appeal to the Court of Queen's
Bench; and
(e) in an appeal to the Court of Appeal, the decision of the Court of Queen's
Bench and the notice of appeal to the Court of Appeal.
1994, c.39, s.33; 2005, c.16, s.6.


Director's certificate

62.4(1) The director may issue a certificate setting out the amount of wages owed
to employees, together with interest awarded by an adjudicator or a judge, where:
(a) 21 days have elapsed after the date of service of a wage assessment and
no notice of appeal has been served on the registrar of appeals in accordance
with section 62;
(b) the adjudicator has provided written reasons for the decision in accordance
with section 62.2 and a judge has not stayed the effect of that decision in
accordance with subsection 62.3(3); or
(c) the stay granted by a judge in accordance with subsection 62.3(3) has
expired.
(2) The director may issue a certificate setting out the amount of a third party's
liability to the director pursuant to subsection 54(10).
(2.1) The director may issue a decision:
(a) that an employer has not complied with section 74 and, in the decision,
order the employer to do one or more of the following:
(i) comply with section 74;
(ii) restore the employee to his or her previous position;
(iii) pay any wages that the employee has lost as a result of the
employer's failure to comply; or
(b) that an employer has complied with section 74.
40

c.L-1 LABOUR STANDARDS

(3) A certificate or a decision issued pursuant to subsection (1), (2) or (2.1) may be
filed with a local registrar of the Court of Queen's Bench.
(4) A certificate filed pursuant to subsection (3) has the same force and effect as if
it were a judgment obtained in the Court of Queen's Bench for the recovery of a
debt.
(5) A decision filed pursuant to subsection (3) has the same force and effect as if it
were a judgment obtained in the Court of Queen's Bench.
1994, c.39, s.33; 2005, c.16, s.7.

Directors of corporation liable for wages

63(1) Notwithstanding any other provision in this Act or any provision in any
other Act, the directors of a corporation are jointly and severally liable to an
employee of the corporation for all debts due for services performed for the
corporation, not exceeding six months' wages, while they are the directors.
(1.1) For the purposes of this section, "debts due for services performed for
the corporation" means all remuneration payable by an employer to an employee
pursuant to this Act and, without limiting the generality of the foregoing, includes
wages, annual holiday pay, public holiday pay and pay in lieu of notice.
(2) to (4) Repealed. 1994, c.39, s.34.
1976-77, c.36, s.63; R.S.S. 1978, c.L-1, s.63;
1979-80, c.92, s.44; 1994, c.39, s.34.