S.M. 1991-92, c. 33
Bill 56, 2nd Session, 35th Legislature
The Payment of Wages Amendment Act
(Assented to July 26, 1991)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Payment of Wages Act is amended by this Act.
2 The definition of "employee" in section 1 is amended by striking out "or a person who is an employer" and substituting "or a director of a corporation".
3 The following section is added after section 2:
2(4.1) Where The Manitoba Labour Board is designated under subsection (4) as the board for purposes of this Act, any one member of The Manitoba Labour Board has the powers and may carry out the functions and duties of the board.
4 Section 5 is amended by striking out "and officer" and "or officer".
5(1) Subsection 8(1) is amended
(a) by striking out "any of his employees any wages earned by the employee" and substituting "wages to an employee";
(b) by striking out "payment of wages" and substituting "payment of the wages".
5(2) The following subsection is added after subsection 8(2):
8(2.1) The recovery of wages on a complaint filed under subsection (1) is limited to wages payable to the employee in the six months immediately preceding the date on which the complaint is filed or where the employment has ceased, to wages payable in the last six months of the employment except that where the unpaid wages are unpaid vacation pay or general holiday pay, recovery is limited to wages payable in the 22 months immediately preceding the date on which the complaint is filed or where the employment has ceased, to wages payable in the last 22 months of the employment.
5(3) Subsection 8(7) is amended by striking out "or officer of that" and substituting "of the".
5(4) Subsection 8(8) is amended by striking out "or officer" wherever it occurs.
5(5) Subsection 8(9) is amended by striking out "or officer".
5(6) Subsection 8(10) is amended by striking out "or officer" wherever it occurs.
5(7) Subsection 8(11) is amended
(a) by striking out "he" and substituting "the director";
(b) by adding "as a deposit under subsection (12.2) or are received" after "are received".
5(8) Subsection 8(12) is amended
(a) by striking out "to him" and substituting "to the director"; and
(b) by striking out "that if he disputes the findings of the director, he may" and substituting "that if the person disputes the findings of the director, the person may, subject to subsection (12.2),".
5(9) The following subsections are added after subsection 8(12):
8(12.1) A request under subsection (12) for referral of a matter to the board must be made in writing and, where practicable, include a summary of the reasons for a referral.
8(12.2) Where a person under subsection (12), other than an employee, requests the director to refer a matter to the board, the person shall, when making the request, pay a deposit to the director, to be held by the director in accordance with subsection (11), in respect of each employee an amount equal to the lesser of the amount of wages that the director orders paid under subsection (3) or $300.
8(12.3) For purposes of subsection (12.2), the chairperson of the board may, on application made within the period applicable under subsection (12), reduce the amount of the deposit where the chairperson is satisfied
(a) that there are reasonable grounds for a referral to the board;
(b) that the number of employees affected by the matter is not less than 20 and the amount of unpaid wages is not less than $10,000.; and
(c) that payment of a deposit in the amount required under the subsection would cause undue hardship to the applicant.
8(12.4) Whether or not the chairperson of the board allows a reduction of a deposit on an application under subsection (12.3), the chairperson shall not hear the matter on referral.
6 The following section is added after section 17:
17.1(1) Where the Lieutenant Governor in Council is satisfied that payment of wages orders made under this Act are, or are about to become, enforceable under the laws of another province, the Lieutenant Governor in Council may, by regulation, designate the other province as a reciprocating province for purposes of enforcing in Manitoba an order, certificate or judgment made or issued under the laws of the other province that is the equivalent of a payment of wages order made under this Act.
17.1(2) The Attorney General of a reciprocating province or an official of a reciprocating province so designated by the government of the reciprocating province may apply to the director for reciprocal enforcement under this Act of an order, certificate or judgment made or issued under the laws of the reciprocating province.
17.1(3) Where, on an application under subsection (2), the director is satisfied that an order, certificate or judgment of the reciprocating province is the equivalent of a payment of wages order made under this Act and that wages payable under the order, certificate or judgment remain unpaid, the director shall file a true copy of the order, certificate or judgment in the Court of Queen's Bench and, upon filing, the order, certificate or judgment is enforceable, in respect of the amount of wages that remain unpaid, as an order of the Court in favour of the director.
7 Section 25 is amended by striking out clause (c) and substituting the following:
(c) respecting complaints filed under subsection 8(1) including deposits payable under subsection 8(12.2);
(c.1) respecting applications for the reciprocal enforcement of orders, certificates or judgments under section 17.1;
8 This Act comes into force on the day it receives royal assent.