Law:Fair Wages and Hours of Labour Act

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R.s.c., 1985, c. L-4

An Act respecting fair wages and hours of labour in relation to public works and contracts

Short title

1. This Act may be cited as the Fair Wages and Hours of Labour Act.

R.S., c. L-3, s. 1.

Definitions

2. In this Act,

“fair wages”

« justes salaires »

“fair wages” means such wages as are generally accepted as current for competent workmen in the district in which the work is being performed for the character or class of work in which those workmen are respectively engaged, but shall in all cases be such wages as are fair and reasonable and shall in no case be less than the minimum hourly rate of pay prescribed by or pursuant to Part III of the Canada Labour Code;

“Minister”

« ministre »

“Minister” means the Minister of Labour.

R.S., c. L-3, s. 2.

Government contracts

3. (1) Every contract made with the Government of Canada for construction, remodelling, repair or demolition of any work is subject to the following conditions respecting wages and hours:

(a) all persons in the employ of the contractor, subcontractor or any other person doing or contracting to do the whole or any part of the work contemplated by the contract shall during the continuance of the work be paid fair wages;

(b) any hours of work of persons so employed in excess of eight hours a day or forty hours a week shall be paid for at an overtime rate at least equal to one and one-half times the fair wages required to be paid under the contract except as the Governor in Council may otherwise prescribe, but the working hours of persons so employed shall not exceed eight hours in a day or forty-eight hours in a week except where longer daily or weekly hours are authorized

(i) in such cases as the Governor in Council may prescribe, or

(ii) by the Minister in cases of exceptional circumstances including, without limiting the generality of the foregoing, the circumstance that the work concerned has to be completed or carried on in a short working season or in a remote area, or that the public interest requires an expeditious completion of the work; and

(c) in the event of any default in carrying out any of the conditions set out in paragraphs (a) and (b) in respect of any employee, the contractor shall pay to Her Majesty as liquidated damages a sum of fifty dollars for every default, and the Minister under whom the work contemplated by the contract is being executed may direct that the amount assessed as liquidated damages under this paragraph be deducted from any moneys payable to the contractor under the contract and be credited to the Consolidated Revenue Fund.

Exception

(2) This section does not apply to the purchase of materials, supplies or equipment, for use in the work contemplated, under any contract of sale and purchase.

R.S., c. L-3, s. 3.

Workmen employed by the Government

4. The wages and hours of all workmen employed by the Government of Canada on such works as are described in section 3, and who are excluded from the operation of the Public Service Employment Act, shall be those set out in paragraphs 3(1)(a) and (b).

R.S., c. L-3, s. 4.

Agreements for works involving aid

5. (1) Whenever the grant or payment of any public moneys of Canada is authorized or made by way of contribution, subsidy, loan, advance or guarantee, for or in aid of the construction, remodelling, repair or demolition of any work, otherwise than for the Government of Canada, the party intended to receive the grant or payment, whether the government of any province or any municipal or other body or any person or agency whatever, shall, unless the grant or payment is by statutory authority or by agreement with the Government of Canada excepted from the operation of this section, be required to enter into an agreement with the Government of Canada in which there shall be set out the terms and conditions on which the grant or payment is to be made.

Conditions to be stipulated

(2) In every agreement referred to in subsection (1), there shall be inserted stipulations, in such form and terms as the Governor in Council may approve, designed to secure, in so far as may be practicable, the observance, in the execution of the work contemplated, of the conditions set out in paragraphs 3(1)(a) and (b).

Exception

(3) This section does not apply to the purchase of materials, supplies or equipment, for use in the work contemplated, under any contract of sale and purchase.

R.S., c. L-3, s. 5.

Regulations

6. The Governor in Council, on the recommendation of the Minister, may make regulations respecting the wages and hours of work herein provided for, except by section 5 and in relation to any agreement subject thereto, and without limiting the generality of the foregoing, may provide by regulation for

(a) the method of determining what are fair wages and the preparation and use of schedules of rates relating thereto;

(b) the fair employment practices required to be observed in the execution of contracts;

(c) classifications of employment or work;

(d) the publication and posting of wage schedules;

(e) payment of wages to employees in case of default by the contractor or other party charged with the payment and recovery thereof from the contractor or other party;

(f) the keeping of proper books and records and the examination of those books and records by Government officers;

(g) the furnishing of such detailed information and evidence as may be deemed necessary to ensure payment of fair wages and the observance of hours of labour in accordance with this Act;

(h) persons who may be employed in the execution of contracts referred to in this Act;

(i) the subletting of contracts; and

(j) generally, the due enforcement of this Act and the regulations.

R.S., c. L-3, s. 6.

Operation

7. This Act does not apply to any contracts, agreements or works that are, by order of the Governor in Council, declared before the execution of the contract to be excepted from the operation of this Act.

R.S., c. L-3, s. 7.


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