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2nd Session, 40th Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 15

THE EMPLOYMENT STANDARDS CODE AMENDMENT ACT (MINIMUM WAGE PROTECTION FOR EMPLOYEES WITH DISABILITIES)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. E110 amended

1

The Employment Standards Code is amended by this Act.

2

Division 15 of Part 2 (Individuals with Disabilities) is repealed.

3

Clause 139(1)(o) is amended by striking out everything after "(terms and conditions of employment)" and substituting "or (s) (employment of children)."

4

Clause 144(1)(t) is repealed.

Transitional — employees with disabilities

5(1)

In this section, "former Act" means The Employment Standards Code as it read immediately before the coming into force of this Act.

Permits continue

5(2)

A permit issued under Division 15 of Part 2 of the former Act that is in effect on the day this section comes into force remains in effect and continues to authorize

(a) the employer of the employee to pay the employee a wage that is less than the minimum wage, in accordance with the permit; and

(b) the employee to receive less than the minimum wage, in accordance with the permit.

Terms and conditions

5(3)

The director may amend a term or condition of a permit referred to in subsection (2).

Offence continues

5(4)

Clause 139(1)(o) of the former Act continues to apply to a person who fails to comply with a regulation respecting the employment of persons under permits referred to in subsection (2).

Regulations continue

5(5)

Clause 144(1)(t) of the former Act continues to apply to authorize regulations respecting the employment of persons under permits referred to in subsection (2).

Coming into force

6

This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill repeals the provision of The Employment Standards Code that allows certain employers, by permit, to pay less than minimum wage to people with mental or physical disabilities. Existing permits are unaffected by the repeal.