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C.C.S.M. c. E110
The Employment Standards Code
Table of Contents
| PART 1 | ||
| DEFINITIONS, APPLICATION AND OPERATION OF THIS CODE |
||
| 1 | Definitions | |
| (2) | Meaning of "this Code" | |
| (3) | [Repealed] | |
| 2 | Application of this Code | |
| (2) | Meaning of "agency of the Crown" | |
| (3) | No application to independent contractor | |
| (4) | Exemption — standard hours of work and overtime | |
| (5) | Application to agricultural workers | |
| 3 | Civil remedies and greater wages not affected | |
| (2) | Agreement providing for greater wages | |
| (3) | Code prevails over lesser wages | |
| (4) | Code prevails in case of conflict with other Act | |
| 4 | Agreement to work for lower standard is no defence | |
| (2) | Terms or conditions of employment may be enforced | |
| 5 | Continuity of employment | |
| 5.1 | Interpretation: employment relationship between temporary help agency and temporary help employee | |
| (2) | Employment relationship continues | |
| PART 2 | ||
| MINIMUM STANDARDS | ||
| 6 | Payment of minimum wage | |
| (2) | Minimum wage | |
| 7 | Determination of minimum wage | |
| (2) | Rounding | |
| (3) | No decrease | |
| (4) | Publication of minimum wage | |
| (5) | Exception re prescribed class of employees | |
| (6) | Definition of CPI | |
| 8 | Cabinet order for no increase | |
| (2) | Criteria for order | |
| 9 | Application of Division to construction industry | |
| 10 | Standard hours of work | |
| 11 | [Repealed] | |
| 11.1 | Averaging by agreement without director's approval | |
| (2) | Effect of averaging | |
| (3) | Requirements for agreement | |
| (4) | Employees bound by agreement | |
| (5) | Agreement may be renegotiated | |
| (6) | Director may terminate | |
| (7) | When section does not apply | |
| 12 | Averaging that requires director's approval | |
| (2) | Effect of averaging | |
| 13 | Director may authorize increased standard hours | |
| 14 | Terms and conditions of permit | |
| (2) | Term of permit | |
| (3) | Factors to be considered | |
| (4) | Director may amend or revoke permit | |
| (5) | Employer to post permit | |
| (6) | Employer to post work schedules | |
| (7) | Effect of change in posted hours | |
| 14.1 | Individual flextime arrangements | |
| (2) | Agreement may provide alternative hours | |
| (3) | Terminating the agreement with less notice | |
| (4) | Adjustments permitted | |
| (5) | Director may terminate or prohibit an agreement | |
| 15 | [Repealed] | |
| 16 | [Repealed] | |
| 17 | Overtime to be paid at overtime wage rate | |
| (2) | Overtime does not include certain break time | |
| 18 | "Banked time" defined | |
| (2) | Agreement for paid time off in lieu of overtime pay | |
| (3) | Rate of time off | |
| (4) | When banked time off to be provided | |
| (5) | Regular wage rate applies to time off | |
| (6) | Effect of time off | |
| (7) | Wage payable for banked time not taken | |
| 19 | No implied right to require overtime | |
| (2) | Employer may require overtime in emergency | |
| 20 | [Repealed] | |
| 21 | Definitions | |
| (2) | Day off in addition to annual vacation | |
| 22 | Eligibility for holiday pay | |
| (2) | Employer's consent to employee's absence | |
| 23 | Amount of holiday pay | |
| (2) | Employee with varying wages | |
| 24 | Determining overtime for pay period that includes day off | |
| 25 | Employee works on general holiday | |
| (2) | Exception — employment in certain businesses | |
| (3) | Definitions | |
| 26 | Holiday pay for day off | |
| (2) | Day off for general holiday not falling on workday | |
| 27 | Employment terminated before day off | |
| 28 | Substitution of other day for general holiday | |
| (2) | Substituted day is deemed general holiday | |
| (3) | Onus | |
| 29 | Former employee's entitlement | |
| (2) | Portion of wage in lieu of notice | |
| 30 | Construction employees | |
| 31 to 33 | [Repealed] | |
| 34 | Employee entitlement to annual vacation | |
| (2) | Annual vacation does not include general holiday | |
| 35 | When annual vacation to be given | |
| 36 | Setting dates for annual vacation | |
| 37 | Period of vacation not to be less than a week | |
| 38 | Vacation may be required during annual shut-down | |
| 39 | Meaning of "wages" | |
| (2) | Amount of vacation allowance | |
| (3) | Time of payment of vacation allowance | |
| (4) | Determining the cash value of board and lodging | |
| 40 | Certain payments do not affect vacation entitlement | |
| 41 | Effect of previous year or vacation taken in advance | |
| (2) | Director may prohibit common anniversary date | |
| (3) | Employer to give proportion of entitlements | |
| 43 | Effect of notice of termination | |
| 44 | Meaning of "wages" | |
| (2) | Payment of vacation allowance on termination | |
| 45 | Employer to provide day of rest | |
| 46 | Employer may apply for exemption of business | |
| 47 | Employer and bargaining agent may apply for exemption | |
| 48 | Employee entitled to day off without pay | |
| 49 | Director may set conditions and vary order | |
| 50 | Employer to provide break | |
| (2) | Length of break | |
| (3) | Director may set conditions and vary order | |
| 51 | Wage for reporting for work | |
| (2) | Reporting for less than 3 hours | |
| (3) | Employee working longer than scheduled period | |
| MATERNITY LEAVE | ||
| 52 | Definitions | |
| 53 | Eligibility for maternity leave | |
| 54 | Length of maternity leave | |
| (2) | Beginning and end of maternity leave | |
| (3) | Employee to provide certificate and give notice | |
| 55 | Maternity leave if notice given after stopping work | |
| (2) | Length of maternity leave | |
| 56 | Maternity leave where notice not given | |
| 57 | End of maternity leave where notice not given | |
| 57.1 | End of maternity leave | |
| (2) | Ending leave early | |
| PARENTAL LEAVE | ||
| 58 | Employee entitled to parental leave | |
| (2) | Effect of late notice on parental leave | |
| (3) | Commencement of parental leave | |
| 59 | Maternity and parental leaves must be continuous | |
| 59.1 | End of parental leave | |
| (1.1) | Transitional | |
| (2) | Ending leave early | |
| COMPASSIONATE CARE LEAVE | ||
| 59.2 | Definitions | |
| (1.1) | Registered common-law relationship | |
| (2) | Entitlement to leave | |
| (3) | Physician's certificate | |
| (3.1) | No additional certificate required | |
| (4) | Employee to give notice to employer | |
| (5) | Employee to provide physician's certificate | |
| (6) | When leave may be taken | |
| (7) | Minimum period of leave | |
| (8) | Ending leave early | |
| FAMILY LEAVE | ||
| 59.3 | Unpaid leave for family responsibilities | |
| (2) | Notice to employer | |
| (3) | Leave for part day | |
| BEREAVEMENT LEAVE | ||
| 59.4 | Unpaid bereavement leave | |
| (2) | Notice to employer | |
| (3) | Leave for part day | |
| UNPAID LEAVE FOR RESERVISTS | ||
| 59.5 | Definitions | |
| (2) | Unpaid leave for reservist | |
| (3) | Length of leave | |
| (4) | Notice of leave for service | |
| (5) | Return to work after notice | |
| UNPAID LEAVE FOR ORGAN DONATION | ||
| 59.6 | Interpretation | |
| (2) | Unpaid leave for donating an organ | |
| (3) | Notice and medical certificate to be given to employer | |
| (4) | Length of leave | |
| (5) | Extending leave | |
| (6) | Extensions not to total more than 13 weeks | |
| (7) | Notice to employer — minimum period | |
| (8) | When extended leave ends | |
| (9) | Ending leave early | |
| LEAVE FOR CITIZENSHIP CEREMONY | ||
| 59.7 | Unpaid leave for citizenship ceremony | |
| (2) | Notice to employer | |
| LEAVE RELATED TO CRITICAL ILLNESS | ||
| 59.8 | Definitions | |
| (2) | Entitlement to leave re child | |
| (3) | Entitlement to leave re adult | |
| (4) | Physician's certificate | |
| (5) | Employee to give notice to employer | |
| (6) | Employee to provide physician's certificate | |
| (7) | Ending leave early | |
| (8) | Leave taken in one or more periods | |
| (9) | When leave must end | |
| (10) | Additional leaves | |
| LEAVE RELATED TO DEATH OR DISAPPEARANCE OF CHILD |
||
| 59.9 | Definitions | |
| (2) | Entitlement to leave — death of child | |
| (3) | Entitlement to leave — disappearance of child | |
| (4) | Exception | |
| (5) | Employee to give notice to employer | |
| (6) | Verification | |
| (7) | Ending leave early | |
| LONG-TERM LEAVE FOR SERIOUS INJURY OR ILLNESS |
||
| 59.10 | Entitlement to leave | |
| (2) | Physician's certificate | |
| (3) | Employee to give notice to employer | |
| (4) | Employee to provide physician's certificate | |
| (5) | Leave must be continuous | |
| (6) | Ending leave early | |
| (7) | Physician's certificate re employee's fitness to return | |
| (8) | Meaning of "physician" | |
| INTERPERSONAL VIOLENCE LEAVE | ||
| 59.11 | Definitions | |
| (2) | Entitlement to leave | |
| (2.1) | Length of leave | |
| (3) | Purposes for which leave may be taken | |
| (3.1) | Child exposed to interpersonal violence | |
| (4) | Unpaid leave | |
| (5) | Paid leave | |
| (6) | Amount of pay | |
| (7) | Employer's option re paid leave | |
| (8) | Leave for part day | |
| (9) | Employee to give notice to employer | |
| (10) | Ending leave early | |
| (11) | Employee must provide verification for paid leave | |
| (12) | Employer may require verification for unpaid leave | |
| PUBLIC HEALTH EMERGENCY LEAVE — COVID-19 |
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| 59.12 | Definitions | |
| (2) | Entitlement to leave | |
| (2.1) | Conditions on certain circumstances | |
| (3) | Length of leave | |
| (4) | Verification | |
| 59.13 | COVID-19 vaccination leave | |
| (2) | Length of leave | |
| (3) | Wage rate that applies | |
| (4) | Employee to give notice to employer | |
| (5) | Verification | |
| GENERAL | ||
| 60 | No termination or lay-off | |
| (2) | Reinstatement | |
| (3) | Exception | |
| (3.1) | Requests for physician's certificate and medical certificate | |
| (4) | Employment deemed continuous | |
| (4.1) | Vacation deferred because of leave | |
| (4.2) | Vacation and leave entitlements not reduced | |
| (5) | Right to file complaint | |
| (6) | Complaint to be filed within six months | |
| (7) | Confidentiality of information | |
| (8) | Restriction on further disclosure | |
| 60.1 | Period of employment | |
| 61 | Termination by employer — notice or wage in lieu of notice | |
| (2) | Notice period — termination by employer | |
| 62 | Exceptions to notice requirements | |
| (1.1) | Application: temporary help employees | |
| (2) | Termination by receiver-manager | |
| 62.1 | Termination by employee | |
| (2) | Termination without notice by employee | |
| 63 to 65 | [Repealed] | |
| SUBDIVISION 2 | ||
| TERMINATION OF THE EMPLOYMENT OF A GROUP OF EMPLOYEES |
||
| 66 | Meaning of "affected employees" | |
| 67 | Notice of intent to terminate employment of 50 or more employees | |
| (2) | [Repealed] | |
| (3) | Employer to give copy of notice to certain persons | |
| (4) | Content of notice | |
| 68 | Individual notice required under Subdivision 1 | |
| (2) | [Repealed] | |
| 69 | Minister may exempt employees | |
| 70 | Employer and agent to co-operate with minister | |
| JOINT PLANNING COMMITTEE | ||
| 71 | Minister may appoint joint planning committee | |
| (2) | Appointment of employees' representatives | |
| (3) | Employees to elect individuals for nomination | |
| (4) | Joint planning committee to have co-chairs | |
| 72 | Minister may provide terms of reference | |
| (2) | Procedure | |
| (3) | First meeting | |
| 73 | Employer to give employee time off for committee | |
| 74 | Objectives of joint planning committee | |
| 75 | Employer and employees to assist joint committee | |
| SUBDIVISION 3 | ||
| WORKING CONDITIONS AFTER NOTICE, PAYMENT IN LIEU OF NOTICE, LAY-OFFS AND COMPLAINTS |
||
| 76 | Employer not to change conditions after notice | |
| 77 | Wage in lieu of notice | |
| (2) | Payment required despite other employment, etc. | |
| 77.1 | Termination by employer after employee gives notice | |
| (2) | Termination by employee after employer gives notice | |
| 78 and 79 | [Repealed] | |
| 80 | Meaning of "home work" | |
| (2) | Employer to maintain records | |
| (3) | Director may impose conditions respecting wages | |
| 81 | Retail employees may refuse to work on Sunday | |
| (2) | No changes to employment | |
| (3) | Exception | |
| (4) | Right to file complaint | |
| (5) | Complaint to be filed within six months | |
| (6) | Meaning of "retail business establishment" | |
| 82 | Discrimination in wage scales prohibited | |
| (2) | Complaint respecting equal wages | |
| 83 | Definitions | |
| CHILDREN UNDER 13 | ||
| 84 | No employment of child under 13 | |
| (2) | Parent's obligation | |
| YOUNG PERSONS UNDER 16 | ||
| 84.1 | Work readiness certificate | |
| 84.2 | Restricted hours of employment | |
| YOUNG PERSONS UNDER 18 | ||
| 84.3 | No working alone at night | |
| (2) | No working in prescribed industry or occupation | |
| 85 | [Repealed] | |
| PART 3 | ||
| PAYMENT OF WAGES | ||
| 86 | Wages to be paid within certain time | |
| (2) | Exceptions | |
| (3) | Director may vary or revoke permit | |
| 87 | Complaint respecting payment of wages | |
| 88 | How wages are to be paid | |
| 89 | Employer to pay certain wages to director | |
| (2) | Director to pay money to employee or hold in trust | |
| (3) | Director may transfer money to Consolidated Fund | |
| 90 | Corporate director's liability for unpaid wages | |
| (2) | Exceptions | |
| (3) | Manager liable after board resigns or is removed | |
| 91 | Officer may order corporate director or former director to pay wages | |
| (2) | Provisions on recovery of wages apply to corporate director or former director | |
| (3) | Corporate director or former director may recover from corporation | |
| 92 | Filing of complaint with officer | |
| (2) | No complaint by employee covered by collective agreement | |
| 93 | When complaint may be refused | |
| 94 | Officer may file caveat, notice, financing statement | |
| (2) | Employee's interest is lien on employer's property | |
| (3) | Limit on registration of caveat or notice in L.T.O. | |
| (4) | Perfection on registration under P.P.S. Act | |
| (5) | Effect of registration under P.P.S. Act | |
| (6) | Remedies to enforce lien and charge are cumulative | |
| 95 | Dismissal of complaint by order | |
| 96 | Order for payment of wages | |
| (2) | Maximum wages recoverable by order | |
| 96.1 | Compensation or reinstatement order | |
| (2) | Administrative costs | |
| (3) | Compensation deemed to be wages | |
| (4) | No maximum amount | |
| 97 | Certain orders to provide for interest | |
| (2) | Interest on money received by director | |
| 98 | Receiver in position of employer re lien or charge | |
| (2) | Receiver bound by order against employer | |
| (3) | Receiver liable for wages as an employer | |
| (4) | Order to receiver | |
| 99 | 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 | |
| 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 | 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 | |
| 108 | Notice of right to request referral of certain orders | |
| 109 | Director may reconsider order before referral | |
| 110 | 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 | Deposit required | |
| (2) | Chairperson may reduce deposit | |
| (3) | Chairperson not to hear referral | |
| 112 | Receiver may request referral to board | |
| 113 | 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 | |
| 114 | Designation of reciprocating jurisdictions | |
| (2) | Application to director for reciprocal enforcement | |
| (3) | Reciprocal enforcement on filing in court | |
| PART 4 | ||
| ADMINISTRATION | ||
| 115 | 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 | 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 | 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 | |
| 122 | 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 | 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 | 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 | |
| 130 | Appeal of board order re unpaid wages | |
| (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 | ||
| 133 | No termination or other discriminatory action | |
| 134 | Determination of single employer by order | |
| (2) | Effect of single employer order | |
| 135 | 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 | |
| 136 | Service of documents | |
| (2) | Proof of service | |
| (3) | Director or board may give directions for service | |
| 137 | Admissibility of certain documents as evidence | |
| 138 | Immunity from action | |
| PART 6 | ||
| OFFENCES AND PENALTIES | ||
| ADMINISTRATIVE PENALTIES | ||
| 138.1 | 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 | 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 | Offences | |
| (2) | Offence of working for less than minimum wage | |
| (3) | Offence of paying less than minimum wage | |
| (4) | Continuing offence | |
| 140 | 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 | 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 | ||
| 146 | Transitional regulations | |
| 147 | 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 | 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 | [amendments to other Acts] | |
| MISCELLANEOUS PROVISIONS | ||
| 163 | Repeal | |
| 164 | C.C.S.M. reference | |
| 165 | Coming into force | |