|
Part III of the Canada Labour Code (Labour
Standards)
The minimum wage for employees under federal jurisdiction is the
general adult minimum wage rate established in each province and
territory, as revised from time to time. Each time a province or a
territory raises its minimum wage rate, the federal minimum wage
rate for that province or territory is raised automatically. To
enquire about the current minimum wage rate applicable in your
province or territory, contact the Labour Program office of Human
Resources Development Canada or consult the HRDC website.
The following questions and answers, based on Division II of Part
III of the Canada Labour Code and the Canada Labour
Standards Regulations will be of interest to employers and
employees under federal jurisdiction. Pamphlet 1 of this series
describes the types of businesses covered by the Code. It
is available from any Labour Program office of Human Resources
Development Canada and on the HRDC website.
1. Does the minimum wage rate apply to all employees in
businesses under federal jurisdiction?
Yes. All employees except registered apprentices and certain
trainees must be paid at least the minimum wage.
2. What are the provisions for apprentices and trainees?
An employer is exempted from the application of the minimum wage
for employees who are being trained on the job if the employees are
registered under and paid according to a provincial apprenticeship
act.
3. Is employment under 17 years of age permitted?
Yes. The Canada Labour Standards Regulations state that
persons under the age of 17 years may be employed provided that:
a) they are not required by provincial law to attend school;
b) the work is not likely to endanger their health or safety;
c) they are not required to work underground in a mine or in
employment prohibited for young workers under the Explosives
Regulations, the Nuclear Safety and Control Act and Regulations,
or the Canada Shipping Act; and
d) they are not required to work between 11 p.m. on one day and 6
a.m. on the following day.
4. Is there a special minimum rate for employees under 17
years of age?
No. The rate for employees under the age of 17 is the same as for
employees 17 and over. Where minimum hourly rates for a province or
a territory are fixed on the basis of age, the minimum hourly rate
for that province or territory is the highest of those rates.
5. Is there a special rate for students?
No. The minimum rate applies to students in the same manner as to
other classes of employees.
6. Does the minimum wage rate apply to workers whose
wages are calculated on a basis other than hourly?
Yes. All employees whose wages are paid on a time basis other
than hourly must receive at least the equivalent of the minimum
wage. Where the basis of payment is other than time, the Minister of
Labour may fix a rate that is equivalent to the minimum wage.
7. Can the value of room and board provided to an
employee be deducted from the minimum wage?
Yes. When room and/or board are provided by an employer and the
arrangement is accepted by the employee, the employee's wages may be
reduced below the minimum wage, but not by more than 50 cents per
meal and 60 cents per day for lodging.
8. When an employer calls an employee to work, must wages
be paid?
Yes. An employer shall pay an employee who reports for work at
the call of the employer, wages for not less than three hours of
work at the employee's regular rate of wages, whether or not the
employee is asked to do any work after so reporting.
For information only. For interpretation and application
purposes, please refer to Part III of the Canada Labour Code
(Labour Standards), the Canada Labour Standards Regulations,
and relevant amendments.
Additional copies of this publication can be obtained
from:
Public Enquiries Centre
Human Resources Development Canada
140 Promenade du Portage, Phase IV, Level 0
Gatineau, Quebec
K1A 0J9
Fax (819) 953-7260
www.hrdc-drhc.gc.ca
Home
�Her Majesty the Queen in Right of Canada, 2002
Cat. No. MP43-345/2-2002
ISBN 0-662-66802-2
|
