C.C.S.M. c. E110
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| PART 1
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| DEFINITIONS, APPLICATION AND OPERATION OF THIS CODE
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| 1
| (1)
| Definitions
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|
| (2)
| Meaning of "this Code"
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|
| (3)
| Repealed
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| 2
| (1)
| Application of this Code
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|
| (2)
| Meaning of "agency of the Crown"
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|
| (3)
| No application to independent contractor
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|
| (4)
| Exemption — standard hours of work and overtime
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|
| (5)
| Application to agricultural workers
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| 3
| (1)
| Civil remedies and greater wages not affected
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|
| (2)
| Agreement providing for greater wages
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|
| (3)
| Code prevails over lesser wages
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|
| (4)
| Code prevails in case of conflict with other Act
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| 4
| (1)
| Agreement to work for lower standard is no defence
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|
| (2)
| Terms or conditions of employment may be enforced
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| 5
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| Continuity of employment
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| 5.1
| (1)
| Interpretation: employment relationship between temporary help agency and temporary help employee
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|
| (2)
| Employment relationship continues
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| PART 2
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| MINIMUM STANDARDS
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| DIVISION 1
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| MINIMUM WAGE AND MINIMUM WAGE BOARDS
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| 6
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| Payment of minimum wage
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| 7
| (1)
| Minister may establish minimum wage boards
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|
| (2)
| Composition of each minimum wage board
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|
| (3)
| Vacancy
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| (4)
| Remuneration
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| 8
| (1)
| Minister may refer matter to minimum wage board
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|
| (2)
| Board to report on referred matter
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|
| (3)
| Board may conduct hearing, receive representations
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| DIVISION 2
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| STANDARD HOURS OF WORK
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| 9
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| Application of Division to construction industry
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| 10
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| Standard hours of work
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| 11
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| Repealed
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| 12
| (1)
| Averaging
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| (2)
| Effect of averaging
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| 13
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| Director may authorize increased standard hours
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| 14
| (1)
| Terms and conditions of permit
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| (2)
| Term of permit
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| (3)
| Factors to be considered
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| (4)
| Director may amend or revoke permit
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| (5)
| Employer to post permit
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| (6)
| Employer to post work schedules
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|
| (7)
| Effect of change in posted hours
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| 14.1
| (1)
| Individual flextime arrangements
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|
| (2)
| Agreement may provide alternative hours
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| (3)
| Terminating the agreement with less notice
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| (4)
| Adjustments permitted
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| (5)
| Director may terminate or prohibit an agreement
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| 15
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| Repealed
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| DIVISION 3
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| OVERTIME
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| 16
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| Repealed
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| 17
| (1)
| Overtime to be paid at overtime wage rate
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|
| (2)
| Overtime does not include certain break time
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| 18
| (1)
| "Banked time" defined
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|
| (2)
| Agreement for paid time off in lieu of overtime pay
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|
| (3)
| Rate of time off
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| (4)
| When banked time off to be provided
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|
| (5)
| Regular wage rate applies to time off
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| (6)
| Effect of time off
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| (7)
| Wage payable for banked time not taken
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| 19
| (1)
| No implied right to require overtime
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|
| (2)
| Employer may require overtime in emergency
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| 20
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| Repealed
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| DIVISION 4
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| GENERAL HOLIDAYS
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| 21
| (1)
| Definitions
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|
| (2)
| Day off in addition to annual vacation
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| 22
| (1)
| Eligibility for holiday pay
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|
| (2)
| Employer's consent to employee's absence
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| 23
| (1)
| Amount of holiday pay
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|
| (2)
| Employee with varying wages
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| 24
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| Determining overtime for pay period that includes day off
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| 25
| (1)
| Employee works on general holiday
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|
| (2)
| Exception — employment in certain businesses
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|
| (3)
| Definitions
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| 26
| (1)
| Holiday pay for day off
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|
| (2)
| Day off for general holiday not falling on workday
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| 27
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| Employment terminated before day off
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| 28
| (1)
| Substitution of other day for general holiday
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|
| (2)
| Substituted day is deemed general holiday
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| (3)
| Onus
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| 29
| (1)
| Former employee's entitlement
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| (2)
| Portion of wage in lieu of notice
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| 30
|
| Construction employees
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| 31 to 33
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| Repealed
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| DIVISION 5
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| ANNUAL VACATIONS AND VACATION ALLOWANCES
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| 34
| (1)
| Employee entitlement to annual vacation
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|
| (2)
| Annual vacation does not include general holiday
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| 35
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| When annual vacation to be given
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| 36
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| Setting dates for annual vacation
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| 37
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| Period of vacation not to be less than a week
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| 38
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| Vacation may be required during annual shut-down
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| 39
| (1)
| Meaning of "wages"
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|
| (2)
| Amount of vacation allowance
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| (3)
| Time of payment of vacation allowance
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| (4)
| Determining the cash value of board and lodging
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| 40
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| Certain payments do not affect vacation entitlement
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| 41
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| Effect of previous year or vacation taken in advance
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|
| (1
| Employer may use common anniversary date
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| (2)
| Director may prohibit common anniversary date
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| (3)
| Employer to give proportion of entitlements
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| 43
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| Effect of notice of termination
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| 44
| (1)
| Meaning of "wages"
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| (2)
| Payment of vacation allowance on termination
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| DIVISION 6
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| WEEKLY DAY OF REST
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| 45
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| Employer to provide day of rest
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| 46
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| Employer may apply for exemption of business
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| 47
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| Employer and bargaining agent may apply for exemption
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| 48
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| Employee entitled to day off without pay
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| 49
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| Director may set conditions and vary order
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| DIVISION 7
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| WORK BREAKS
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| 50
| (1)
| Employer to provide break
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|
| (2)
| Length of break
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|
| (3)
| Director may set conditions and vary order
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| DIVISION 8
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| WAGES FOR REPORTING FOR WORK
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| 51
| (1)
| Wage for reporting for work
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| (2)
| Reporting for less than 3 hours
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|
| (3)
| Employee working longer than scheduled period
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| DIVISION 9
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| UNPAID LEAVES
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| MATERNITY LEAVE
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| 52
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| Definitions
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| 53
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| Eligibility for maternity leave
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| 54
| (1)
| Length of maternity leave
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| (2)
| Beginning and end of maternity leave
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| (3)
| Employee to provide certificate and give notice
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| 55
| (1)
| Maternity leave if notice given after stopping work
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|
| (2)
| Length of maternity leave
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| 56
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| Maternity leave where notice not given
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| 57
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| End of maternity leave where notice not given
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| 57.1
| (1)
| End of maternity leave
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| (2)
| Ending leave early
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| PARENTAL LEAVE
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| 58
| (1)
| Employee entitled to parental leave
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|
| (2)
| Effect of late notice on parental leave
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| (3)
| Commencement of parental leave
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| 59
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| Maternity and parental leaves must be continuous
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| 59.1
| (1)
| End of parental leave
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| (2)
| Ending leave early
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| COMPASSIONATE CARE LEAVE
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| 59.2
| (1)
| Definitions
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| (1.1)
| Registered common-law relationship
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| (2)
| Entitlement to leave
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| (3)
| Physician's certificate
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| (3.1)
| No additional certificate required
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| (4)
| Employee to give notice to employer
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| (5)
| Employee to provide physician's certificate
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|
| (6)
| When leave may be taken
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| (7)
| Minimum period of leave
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| (8)
| Ending leave early
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| FAMILY LEAVE
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| 59.3
| (1)
| Unpaid leave for family responsibilities
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|
| (2)
| Notice to employer
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| (3)
| Leave for part day
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| BEREAVEMENT LEAVE
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| 59.4
| (1)
| Unpaid bereavement leave
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| (2)
| Notice to employer
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| (3)
| Leave for part day
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| UNPAID LEAVE FOR RESERVISTS
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| 59.5
| (1)
| Definitions
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|
| (2)
| Unpaid leave for reservist
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| (3)
| Length of leave
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| (4)
| Notice of leave for service
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| (5)
| Return to work after notice
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| UNPAID LEAVE FOR ORGAN DONATION
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| 59.6
| (1)
| Interpretation
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|
| (2)
| Unpaid leave for donating an organ
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| (3)
| Notice and medical certificate to be given to employer
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| (4)
| Length of leave
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| (5)
| Extending leave
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| (6)
| Extensions not to total more than 13 weeks
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| (7)
| Notice to employer — minimum period
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| (8)
| When extended leave ends
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| (9)
| Ending leave early
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| LEAVE FOR CITIZENSHIP CEREMONY
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| 59.7
| (1)
| Unpaid leave for citizenship ceremony
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| (2)
| Notice to employer
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| LEAVE RELATED TO CRITICAL ILLNESS OF CHILD
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| 59.8
| (1)
| Definitions
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|
| (2)
| Employee entitled to leave related to critical illness of a child
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|
| (3)
| Entitlement to leave
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|
| (4)
| Physician's certificate
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| (5)
| Employee to give notice to employer
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| (6)
| Employee to provide physician's certificate
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| (7)
| Ending leave early
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| LEAVE RELATED TO DEATH OR DISAPPEARANCE OF CHILD
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| 59.9
| (1)
| Definitions
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|
| (2)
| Entitlement to leave — death of child
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|
| (3)
| Entitlement to leave — disappearance of child
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| (4)
| Exception
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| (5)
| Employee to give notice to employer
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| (6)
| Verification
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| (7)
| Ending leave early
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| LONG-TERM LEAVE FOR SERIOUS INJURY OR ILLNESS
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| 59.10
| (1)
| Entitlement to leave
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|
| (2)
| Physician's certificate
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|
| (3)
| Employee to give notice to employer
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| (4)
| Employee to provide physician's certificate
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|
| (5)
| Leave must be continuous
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| (6)
| Ending leave early
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| (7)
| Physician's certificate re employee's fitness to return
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|
| (8)
| Meaning of "physician"
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| 59.11
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|
| GENERAL
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| 60
| (1)
| No termination or lay-off
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| (2)
| Reinstatement
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|
| (3)
| Exception
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| (4)
| Employment deemed continuous
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|
| (4.1)
| Vacation deferred because of leave
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| (4.2)
| Vacation and leave entitlements not reduced
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|
| (5)
| Right to file complaint
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| (6)
| Complaint to be filed within six months
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| DIVISION 10
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| TERMINATION OF EMPLOYMENT
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| 60.1
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| Period of employment
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| SUBDIVISION 1
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| TERMINATION OF THE EMPLOYMENT OF AN INDIVIDUAL
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| 61
| (1)
| Termination by employer — notice or wage in lieu of notice
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|
| (2)
| Notice period — termination by employer
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| 62
| (1)
| Exceptions to notice requirements
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|
| (1.1)
| Application: temporary help employees
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|
| (2)
| Termination by receiver-manager
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| 62.1
| (1)
| Termination by employee
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|
| (2)
| Termination without notice by employee
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| 63 to 65
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| Repealed
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| SUBDIVISION 2
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| TERMINATION OF THE EMPLOYMENT OF A GROUP OF EMPLOYEES
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| 66
|
| Meaning of "affected employees"
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| 67
| (1)
| Notice of intent to terminate employment of 50 or more employees
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|
| (2)
| Repealed
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|
| (3)
| Employer to give copy of notice to certain persons
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|
| (4)
| Content of notice
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| 68
| (1)
| Individual notice required under Subdivision 1
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|
| (2)
| Repealed
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| 69
|
| Minister may exempt employees
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| 70
|
| Employer and agent to co-operate with minister
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| JOINT PLANNING COMMITTEE
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| 71
| (1)
| Minister may appoint joint planning committee
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|
| (2)
| Appointment of employees' representatives
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| (3)
| Employees to elect individuals for nomination
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| (4)
| Joint planning committee to have co-chairs
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| 72
| (1)
| Minister may provide terms of reference
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| (2)
| Procedure
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| (3)
| First meeting
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| 73
|
| Employer to give employee time off for committee
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| 74
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| Objectives of joint planning committee
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| 75
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| Employer and employees to assist joint committee
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| SUBDIVISION 3
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| WORKING CONDITIONS AFTER NOTICE, PAYMENT IN LIEU OF NOTICE, LAY-OFFS AND COMPLAINTS
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| 76
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| Employer not to change conditions after notice
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| 77
| (1)
| Wage in lieu of notice
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|
| (2)
| Payment required despite other employment, etc.
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| 77.1
| (1)
| Termination by employer after employee gives notice
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|
| (2)
| Termination by employee after employer gives notice
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| 78 and 79
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| Repealed
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| DIVISION 11
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| HOME WORK
|
| 80
| (1)
| Meaning of "home work"
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|
| (2)
| Employer to maintain records
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|
| (3)
| Director may impose conditions respecting wages
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| DIVISION 12
|
| 81
|
| Repealed
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| DIVISION 13
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| EQUAL WAGES
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| 82
| (1)
| Discrimination in wage scales prohibited
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|
| (2)
| Complaint respecting equal wages
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| DIVISION 14
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| EMPLOYMENT OF CHILDREN
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| CHILDREN UNDER 16
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| 83
| (1)
| Restricted employment of children under 16
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|
| (2)
| Director may issue permit
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|
| (3)
| Restrictions on issuing permit
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|
| (4)
| Restricted hours of employment
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| CHILDREN UNDER 18
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| 84
| (1)
| Protection of children working at night
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|
| (2)
| Restricted employment of children
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| DIVISION 15
|
| 85
|
| Repealed
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| PART 3
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| PAYMENT OF WAGES
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| DIVISION 1
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| TIME AND METHOD OF PAYMENT OF WAGES
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| 86
| (1)
| Wages to be paid within certain time
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|
| (2)
| Exceptions
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|
| (3)
| Director may vary or revoke permit
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| 87
|
| Complaint respecting payment of wages
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| 88
|
| How wages are to be paid
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| 89
| (1)
| Employer to pay certain wages to director
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|
| (2)
| Director to pay money to employee or hold in trust
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|
| (3)
| Director may transfer money to Consolidated Fund
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| DIVISION 2
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| DIRECTORS OF CORPORATIONS
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| 90
| (1)
| Corporate director's liability for unpaid wages
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|
| (2)
| Exceptions
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|
| (3)
| Manager liable after board resigns or is removed
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| 91
| (1)
| Officer may order corporate director or former director to pay wages
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|
| (2)
| Provisions on recovery of wages apply to corporate director or former director
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|
| (3)
| Corporate director or former director may recover from corporation
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| DIVISION 3
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| COMPLAINTS, INVESTIGATIONS AND DETERMINATIONS
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| 92
|
| Filing of complaint with officer
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| 93
|
| When complaint may be refused
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| 94
| (1)
| Officer may file caveat, notice, financing statement
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|
| (2)
| Employee's interest is lien on employer's property
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|
| (3)
| Limit on registration of caveat or notice in L.T.O.
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|
| (4)
| Perfection on registration under P.P.S. Act
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|
| (5)
| Effect of registration under P.P.S. Act
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|
| (6)
| Remedies to enforce lien and charge are cumulative
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| 95
|
| Dismissal of complaint by order
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| 96
| (1)
| Order for payment of wages
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|
| (2)
| Maximum wages recoverable by order
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| 96.1
| (1)
| Compensation or reinstatement order
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|
| (2)
| Administrative costs
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|
| (3)
| Compensation deemed to be wages
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|
| (4)
| No maximum amount
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| 97
| (1)
| Certain orders to provide for interest
|
|
| (2)
| Interest on money received by director
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| DIVISION 4
|
| RECEIVERS
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| 98
| (1)
| Receiver in position of employer re lien or charge
|
|
| (2)
| Receiver bound by order against employer
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|
| (3)
| Receiver liable for wages as an employer
|
|
| (4)
| Order to receiver
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| DIVISION 5
|
| DIRECTOR'S DEMAND TO THIRD PARTIES
|
| 99
| (1)
| Director may issue a third party demand
|
|
| (2)
| Third party reply to demand
|
|
| (3)
| Demand in force for six months
|
|
| (4)
| Third party is liable to the director
|
|
| (5)
| Director may approve deductions by third party
|
|
| (6)
| Director may take civil action against third party
|
|
| (7)
| Director to give receipt and notice of payment
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| DIVISION 6
|
| PRIORITY OF WAGES AND ENFORCEMENT
|
| 100
|
| Employer is deemed to hold wages in trust
|
| 101
|
| Priority of lien and charge
|
| 102
|
| Priority of certain prior purchase money security interests
|
| 102.1
|
| Priority of lien for tax collected and not remitted
|
| 103
| (1)
| Director may file order in court
|
|
| (1.1)
| Collection
|
|
| (1.2)
| Order includes requirement to pay collection costs
|
|
| (2)
| Order is judgment of court with priority
|
| 104
|
| Director may register judgment in L.T.O.
|
| 105
|
| Priority of caveat or notice under Judgments Act
|
| 106
|
| Priority of real property mortgage
|
| 107
|
| Director may allocate recovered wages among employees
|
| DIVISION 7
|
| REFERRALS TO THE BOARD
|
| 108
|
| Notice of right to request referral of certain orders
|
| 109
|
| Director may reconsider order before referral
|
| 110
| (1)
| Person named in order may request referral
|
|
| (1.1)
| When request must be made
|
|
| (2)
| Repealed
|
|
| (3)
| Director not required to refer resolved matter
|
| 111
| (1)
| Deposit required
|
|
| (2)
| Chairperson may reduce deposit
|
|
| (3)
| Chairperson not to hear referral
|
| 112
|
| Receiver may request referral to board
|
| DIVISION 8
|
| SECURITY BONDS
|
| 113
| (1)
| Director may require employer to provide bond
|
|
| (2)
| Director may pay wages from proceeds of bond
|
|
| (3)
| Bond proceeds where several employees
|
|
| (4)
| Minister may apply to court for order of prohibition
|
| DIVISION 9
|
| RECIPROCAL ENFORCEMENT
|
| 114
| (1)
| Designation of reciprocating jurisdictions
|
|
| (2)
| Application to director for reciprocal enforcement
|
|
| (3)
| Reciprocal enforcement on filing in court
|
| PART 4
|
| ADMINISTRATION
|
| DIVISION 1
|
| DIRECTOR AND OFFICERS
|
| 115
| (1)
| Appointment of Director of Employment Standards
|
|
| (2)
| Director has powers of officer
|
|
| (3)
| Delegation
|
|
| (4)
| Director has standing before board
|
|
| (5)
| Notice to director re board hearing
|
| 116
|
| Acting director
|
| 117
| (1)
| Director's authority to investigate non-compliance
|
|
| (2)
| Director may take certain action
|
|
| (3)
| Director's response to non-compliance
|
|
| (4)
| Enforcement of order
|
| 118
| (1)
| Settlement or compromise by director
|
|
| (2)
| Discharge of liability of employer
|
| 119
|
| When director may pay out money received
|
| 120
|
| Powers of officer
|
| 121
|
| Officer not compellable in civil proceeding
|
| DIVISION 2
|
| THE MANITOBA LABOUR BOARD
|
| 122
| (1)
| Member may act for board
|
|
| (2)
| Powers of board member
|
|
| (3)
| Board not bound by rules of evidence
|
|
| (4)
| Procedure
|
|
| (5)
| Non-application of Labour Relations Act
|
| 123
| (1)
| Powers re application, referred order and inquiry
|
|
| (2)
| Further power re applications and inquiries
|
|
| (3)
| Power to determine compliance with Code
|
|
| (4)
| Board and authorized person may administer oath
|
| 124
|
| Procedure respecting applications
|
| 125
| (1)
| Procedure respecting referred orders
|
|
| (2)
| Parties to referred order
|
|
| (3)
| Content of board order
|
|
| (4)
| Payment of money to director under order
|
|
| (5)
| Board may award costs
|
| 126 to 128
|
| Repealed
|
| 129
|
| Board to conduct inquiry
|
| DIVISION 3
|
| APPEAL
|
| 130
| (1)
| Appeal of board order re unpaid wages
|
|
| (2
| Leave to appeal required
|
|
| (3)
| Time for application for leave to appeal
|
|
| (4)
| Applicant to file proof of payment to director
|
| 131
|
| Board and director entitled to be heard
|
| 132
|
| Costs
|
| PART 5
|
| GENERAL
|
| DIVISION 1
|
| PROHIBITION AGAINST UNFAIR EMPLOYMENT PRACTICES
|
| 133
| (1)
| No termination or other discriminatory action
|
|
| (2)
| Application of The Labour Relations Act
|
| DIVISION 2
|
| SINGLE EMPLOYER DECLARATION
|
| 134
| (1)
| Determination of single employer by order
|
|
| (2)
| Effect of single employer order
|
| DIVISION 3
|
| EMPLOYMENT RECORDS
|
| 135
| (1)
| Employment records to be kept by employer
|
|
| (2)
| Records when regular hours do not vary
|
|
| (3)
| Records to be kept for minimum periods
|
|
| (4)
| Employer to provide employee with pay statement
|
|
| (5)
| Exception where wage payments are equal
|
|
| (6)
| Records to be produced on request
|
|
| (7)
| Officer may determine amount if record incomplete
|
| DIVISION 4
|
| SERVICE OF DOCUMENTS
|
| 136
| (1)
| Service of documents
|
|
| (2)
| Proof of service
|
|
| (3)
| Director or board may give directions for service
|
| DIVISION 5
|
| ADMISSIBILITY OF DOCUMENTS
|
| 137
|
| Admissibility of certain documents as evidence
|
| DIVISION 6
|
| IMMUNITY
|
| 138
|
| Immunity from action
|
| PART 6
|
| OFFENCES AND PENALTIES
|
| ADMINISTRATIVE PENALTIES
|
| 138.1
| (1)
| Administrative penalty
|
|
| (2)
| How penalty may be imposed
|
|
| (3)
| Amount of penalty
|
|
| (4)
| Content of notice
|
|
| (5)
| Penalty recoverable as wages
|
|
| (6)
| No offence to be charged if penalty is paid
|
| 138.2
| (1)
| Appeal to board
|
|
| (2)
| How to appeal
|
|
| (3)
| Deposit
|
|
| (4)
| Chairperson may reduce deposit
|
|
| (5)
| Chairperson not to hear appeal
|
|
| (6)
| Decision of board
|
|
| (7)
| Application of other provisions
|
| OFFENCES
|
| 139
| (1)
| Offences
|
|
| (2)
| Offence of working for less than minimum wage
|
|
| (3)
| Offence of paying less than minimum wage
|
|
| (4)
| Continuing offence
|
| 140
| (1)
| Penalties
|
|
| (2)
| Penalties for subsequent offences
|
| 141
|
| Offences by directors of corporations
|
| 142
|
| Time limit for prosecution
|
| 143
|
| Director and board to be served notice of appeal
|
| PART 7
|
| REGULATIONS
|
| 144
| (1)
| Regulations
|
|
| (2)
| Regulations re standard hours of work
|
|
| (3)
| Application
|
|
| (4)
| Consultations re proposed regulations
|
| PART 8
|
| TRANSITIONAL, CONSEQUENTIAL, REPEAL, C.C.S.M. REFERENCE, AND COMING INTO FORCE
|
| TRANSITIONAL PROVISIONS
|
| 145
|
| Meaning of "former Acts"
|
| 146
|
| Transitional regulations
|
| 147
| (1)
| Continuation of documents under former Acts
|
|
| (2)
| Caveat filed in L.T.O. under Payment of Wages Act
|
| 148
|
| Repealed
|
| 149
|
| Appointments continued
|
| 150
|
| Matters under former Acts continued
|
| 151
| (1)
| Application to benefit earned after Code in force
|
|
| (2)
| Application to benefit earned in period occurring before and after Code in force
|
| 152 and 153
|
| Repealed
|
| 154
|
| Reference in legislation or document to former Act
|
| 155 to 162
|
|
|
| MISCELLANEOUS PROVISIONS
|
| 163
|
| Repeal
|
| 164
|
| C.C.S.M. reference
|
| 165
|
| Coming into force
|
