|This is an unofficial archived version of The Department of Labour Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. L20
The Department of Labour Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"department" means The Department of Labour; ("ministère")
(a) an inspector appointed under this Act,
(b) a person designated as an inspector under this Act,
(c) a person authorized under clause 7(1)(b) to carry out, perform, exercise or have the duties, powers or authorities of an inspector, (d) an employment standards officer employed in the department,
(e) the Fire Commissioner for Manitoba, and
(f) a deputy fire commissioner, assistant fire commissioner or a local assistant to the fire commissioner appointed or holding office under Part II of The Fires Prevention Act; ("inspecteur")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. ("ministre")
There shall be a department of the Government of Manitoba called: "The Department of Labour", over which the Minister of Labour for the time being appointed by the Lieutenant Governor in Council under the great seal, shall preside; and the minister shall hold office during pleasure, and has the management and direction of the department.
A deputy minister and such other officers, inspectors, and employees, as may be required to carry on the business of the department, may be appointed as provided in The Civil Service Act.
The minister may designate a person employed in the department as an inspector.
Where under any of the Acts administered by the minister, any person or body has power to appoint or establish a board or committee, that person or body may appoint a person who may be an officer or employee of the department as vice-chairman of that board or committee.
The minister shall cause to be conducted ongoing research and analysis of issues relevant to employer-employee relations in the province, and shall cause to be collected, assorted, systematized, and published information and statistics relating to
(a) employment, wages and hours of work;
(b) co-operation and consultation between employees and employers;
(c) strikes, lockouts and other employment difficulties;
(d) the commercial and industrial condition and prosperity of employees, and the permanent prosperity of industries in the province: and
(e) other subjects of interest to employers and employees in the province.
The minister may enter into agreements with the Government of Canada or a minister representing the Government of Canada, the government of a province or a minister representing the government of a province, or any other person respecting
(a) the promotion and encouragement of employment and employment opportunities within the province; or
(b) the promotion and encouragement of education and training relating to employment and employment opportunities; or
(c) the orientation and training of immigrants to the province; or
(d) the provision of support services for any of the matters referred to in clauses (a) to (c); or
(e) any or all of the matters referred to in clauses (a) to (d).
The Minister of Finance, on the requisition of the minister, may from and out of the Consolidated Fund with monies authorized under an Act of the Legislature to be so paid and applied, make grants to organizations, groups or persons for the purpose of
(a) promoting or encouraging employment and employment opportunities within the province;
(b) promoting and encouraging education and training related to employment and employment opportunities within the province;
(c) promoting and encouraging research and study related to employment and employeremployee relations within the province; or
(d) assisting in the orientation and training of immigrants to the province; or
(e) providing support services for any of the matters referred to in clauses (a) to (d); or
(f) any or all of the matters referred to in clauses (a) to (e).
All the duties, powers, and authorities, given to an inspector by any of the Acts administered by the minister through the department are vested in
(a) an inspector; and
(b) any other person authorized in writing by the minister to carry out, perform, exercise, or have any of such duties, powers, or authorities, either generally or in any specified case;
as fully and effectually as if those duties, powers, and authorities were specifically set forth herein; and, when called on to do so, every employer, employee, manager, and other person, shall assist any such inspector or other person so authorized, as may be reasonably required by him, in the doing of any act or thing lawfully to be done by him in the discharge of his duties.
In the performance of his duties under any of the Acts administered by the minister through the department, and in order to see to the due carrying out of any such Act, or for the enforcement thereof, or to secure compliance with the provisions thereof, an inspector, or a person authorized by the minister under subsection (1), may
(a) at any time enter, inspect, and examine, any premises to which any such Act applies or relates;
(b) order any employer, employee, manager, or other person, to produce for his examination any book, register, notice, certificate, licence, or other document, issued or required to be kept under any such Act; and
(c) order any employer, employee, manager, or other person to submit to the minister a copy or certified copy of all or part of any book, record, or document, issued or required to be kept under any such Act.
Every person who
(a) refuses, omits, or neglects, to comply with any lawful order of an inspector or of another person authorized under subsection (1), given by him in the course of the lawful discharge of his duties and for the purpose of more effectually carrying them out; or
(b) hinders or obstructs an inspector or another person so authorized in the lawful discharge of his duties;
is guilty of an offence and is liable, on summary conviction, for a first offence to a fine of not more than $100. or to imprisonment for a term of not more than 30 days, and for a second or subsequent offence, to a fine of not less than $25. and not more than $500. or to imprisonment for a term of not more than 90 days.
No inspector is personally liable for any loss or damage suffered by any person by reason of anything done, or omitted to be done, by him in good faith and without negligence, in the exercise of any duty, power or authority given to an inspector under any Act administered by the minister through the department or under any regulation or order made thereunder.
For carrying out the purposes and putting into effect the provisions of the the Acts assigned to the minister for administration, the minister is vested with any and all rights, authorities and powers conferred on a minister under any of the Acts so assigned.
The minister shall make and submit to the Lieutenant Governor in Council an annual report of the business of the department, and the report shall be forthwith laid before the Legislative Assembly, if the Legislature is then in session; and, if it is not then in session, within 15 days after the opening of the next succeeding session.
Where in any Act, regulation, order, by-law, form, or document, the expression "Bureau of Labour" and the expression "Secretary of the Bureau of Labour" or any abbreviations of those expressions are used, they mean respectively the Department of Labour and the Deputy Minister of Labour.
Subject to subsection (2), nothing said or done by the minister, the Deputy Minister of Labour, a conciliation officer, a member of a conciliation board, the registrar, or an employee of The Department of Labour, in the course of efforts made pursuant to The Labour Relations Act, to settle an industrial dispute is admissible in evidence in any action or proceedings before the board or a court relating to, or arising out of, the industrial dispute, and brought or taken under a statute or other law of the province, or otherwise within the jurisdiction of the Legislature.
The minister may give to the board or a court a certificate in writing, signed by him, certifying
(a) as to whether he has received any notice or request to do anything that he is by The Labour Relations Act authorized to do; and
(b) as to whether he has done any such thing.
In this section the words and expressions "board", "conciliation board", "conciliation officer", "industrial dispute", and "minister" respectively, have the meanings attributed to them in The Labour Relations Act.
For the purposes of any Act the administration of which is under the control of the minister, a certificate purporting to be signed by the minister and stating
(a) that a report, request, or notice was or was not received or given by him under that Act, and if so received or given, the date upon which it was so received or given; or
(b) whether he has done anything that he is by that Act authorized to do.
is admissible in evidence as prima facie proof of the fact stated therein, without proof of the signature or of the official character of the person appearing to have signed it.
No employer shall discharge, or threaten to discharge, or in any other manner discriminate against any employee because the employee has given information to an officer of the department, or because
(a) the employee has testified, or is about to testify; or
(b) the employer believes that the employee may testify;
in any investigation or proceedings relative to the enforcement of any Act the administration of which is under the control of the minister.
Every person who offends against subsection (1) is guilty of an offence and liable, on summary conviction, to a fine of not more than $100. or imprisonment for not more than 30 days and for a second or subsequent offence to a fine of not less than $25. and not more than $500. or to imprisonment for not more than 90 days.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders requiring the distribution and dissemination by any person or organization of any information collected, assorted, systematized or published under this Act.