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e-7.2
- Employment Standards Act
Detailled Table of Contents
Document at 1 September 2014
Employment Standards Act
I
DEFINITIONS
1
Definitions
II
APPLICATION
2
Application
3
Crown bound by Act
4
Act prevails over collective agreement
5
Employment contracts for agricultural services exempted
6
Non-application of Act to persons exempted under sections 7 and 8
7
Persons exempted by regulation
8
Application for exemption by employer
III
EMPLOYMENT STANDARDS
MINIMUM WAGE
9
Minimum wage regulations
10
Minimum Wage Board
11
Posting of applicable regulations
12
Right of underpaid employee to sue employer
13
Tips and gratuities
HOURS OF WORK
14
No limitation on numbers of hours of work
15
Maximum number of hours of work at minimum wage rate
16
Overtime rate of pay
MINIMUM REPORTING WAGE
16.1
Minimum reporting wage
WEEKLY REST PERIOD
17
Requirement of weekly rest period
17.1
Right of refusal to work on a Sunday
PUBLIC HOLIDAYS
18
Public holidays
19
Rate of wages for work on public holiday
20
Cessation of employment before the day to be substituted for public holiday
21
Employee’s pay for public holiday where daily wages vary
22
Vacation and public holiday benefits
23
Collective agreement in force after July 16, 1976
VACATIONS
24
Annual vacation
25
Qualifying employees
26
Cessation of employment
27
Other vacation provisions
UNJUST DISMISSAL AND RELATEDUNFAIR EMPLOYER ACTION
28
Unjust dismissal and related unfair employer action
NOTICE OF TERMINATION
29
Application of sections 30 and 31
30
Notice of termination or lay off
31
Termination or lay off without notice
32
Notice of termination or lay off of more than ten employees
33
Lay off without notice
34
Termination or lay off without notice or payment in lieu of notice
PROMPT PAYMENT OF WAGES
35
Payment of wages
36
Statement of pay, method of payment
37
Payment of outstanding pay to former employee
EQUAL PAY FOR EQUAL WORK
37.1
Equal pay for equal work
WAGE PROTECTION
38
Wage protection
38.1
Employees’ lien
38.2
Filing of certificate in Court of Queen’s Bench
38.3
Payment by mortgagee or judgment creditor
38.4
Renewal statement
38.5
Amending certificate
38.6
Certificate of discharge or partial discharge
38.7
Application of sections 38.1 to 38.6
38.8
Filing of documents
FOREIGN WORKERS
38.9
Registry of employers of foreign workers
38.91
Prohibitions on employers of foreign workers
CHILDREN
39
Restrictions on employment of persons under 16 years of age
40
Restrictions on employment of persons under 14 years of age
41
Issuance of permit
MATERNITY
42
Prohibition against dismissal, suspension or lay-off of employee due to pregnancy
43
Leave of absence without pay
44
Return to work
ADOPTION
Repealed: 1991, c.52, s.2
44.01
Repealed
CHILD CARE
44.02
Child care
SICK LEAVE
44.021
Sick Leave
FAMILY RESPONSIBILITY LEAVE
44.022
Family Responsibility Leave
COURT LEAVE
44.023
Court Leave
COMPASSIONATE CARE LEAVE
44.024
Compassionate Care Leave
CRITICAL ILLNESS LEAVE
44.025
Critical illness leave
DEATH OR DISAPPEARANCE LEAVE
44.026
Death or disappearance leave
BEREAVEMENT
44.03
Bereavement
LEAVE FOR RESERVISTS
44.031
Leave for reservists
LEAVES GENERALLY
44.04
Leaves generally
44.05
Vacation and public holidays
LIE DETECTOR TESTS
44.1
Lie detector tests
IV
ADMINISTRATION
DIRECTOR
45
Administration, Director, Deputy Director
MINIMUM WAGE BOARD
46
Rules governing Minimum Wage Board
47
Rules governing Minimum Wage Board
48
Rules governing Minimum Wage Board
49
Rules governing Minimum Wage Board
LABOUR AND EMPLOYMENT BOARD
50
Repealed
51
Repealed
52
Repealed
53
Powers of the Board
54
Jurisdiction of the Board
55
Stated case
56
Repealed
EMPLOYMENT STANDARDS OFFICERS
57
Appointment
58
Powers
58.1
Immunity from action
59
Information that may be required from an employer
EMPLOYER’S RECORDS
60
Records required to be kept by an employer
V
ENFORCEMENT
COMPLAINTS AND ADMINISTRATIVE ORDERS
61
Complaint to Director
62
Procedure to be followed by Director
63
Orders that may be made by Director
64
Appointment, role of mediator
64.1
Notice of non-compliance
64.2
Administrative penalties
65
Orders that may be made by Director
65.1
Corporate directors’ liability
66
Notification to complainant
67
Referral of matter to the Board
67.1
Deposit required for referral
68
Procedure before Board
69
Parties before Board
70
Hearings of Board, in public or in camera
71
Employer may be required to provide bond
72
Attaching order issued by Director
73
Orders and records of Board
74
Filing of certificate in Court of Queen’s Bench
75
Failure to comply with order, further orders
76
Remedies available to interested persons
77
Payment by Minister
OFFENCES
78
Offence re failure to comply with order
79
Offence re failure to comply with section 32
80
Offence re failure to provide information, interference or obstruction
81
Offence re failure to comply with subsection 60(1)
82
Offences and penalties
83
Employees
84
Officers and directors of a corporation
VI
MISCELLANEOUS
85
Regulations
86
Service of documents
87
Presumption concerning the contents of a certificate
88
Proceedings not invalid because of formal, technical defect
89
Continuity of employment
90
Admissibility of documents
90.1
Reciprocal enforcement of orders, certificates and judgments
90.2
Conflict with the Right to Information and Protection of Privacy Act
VII
REPEALS AND TRANSITIONALPROVISIONS
91
Power of Lieutenant-Governor to grant exemptions
92
Repeal of certain Acts
93
Repealed
94
Commencement
SCHEDULE A