Overview of Part III of the Canada Labour Code (Labour Standards)

Previous Table of Contents Next

Division II - Minimum Wage

General Entitlement

• Minimum hourly provincial rate where the employee is usually employed.
• Applicable regardless of occupation.
• Applicable regardless of age. However, apprentices and trainees are exempt if the rate of pay is set by provincial apprenticeship legislation.

Employment under 17 Years of Age

Permitted if:

• Work is not likely to endanger safety or health.
• Employee is not required by provincial law to attend school.

But:

• No work in an underground mine is permitted, or where otherwise prohibited by law i.e. the Explosives Regulations, Nuclear Energy Act, and Canada Shipping Act.
• No work is permitted between 11:00 p.m. and 6:00 a.m.

Reporting Pay

• Covers employees who are reporting for work at the call of an employer.
• Employee must be paid no less than the equivalent of 3 hours’ wages at the regular rate of pay.
• Applies whether or not employee is asked to do any work after so reporting.

Division III - Equal Wages

Employers are to pay equal wages to men and to women performing work of equal value.

Division IV - Annual Vacation

General Entitlement

• After one year of service, employees are entitled to 2 weeks of vacation with 4% of annual wages as vacation pay.
• After six years of service, 3 weeks of vacation with 6% of annual wages as vacation pay.
• Vacation must be granted not later than 10 months after completion of the year entitling the employee to the vacation.

Employer must pay vacation pay on annual wages, which includes:

• Regular earnings for work performed;
• Pay for overtime hours worked;
• Pay for time worked on general holidays;
• Pay for general holidays;
• Pay in lieu of general holidays;
• Bereavement leave pay;
• Vacation pay;
• Pay pending an employer's decision on Maternity-related Reassignment or Leave;
• Any other remuneration an employee is entitled to under his or her contract of employment which meets the test of being for work performed.

Waivers

• Employee may waive or postpone his or her right to vacation time, in writing.
• If employee waives vacation, the employee is still entitled to receive vacation pay.

Previous Table of Contents Next