The Act applies to employers and employees in any work, undertaking or business of a local or private nature but does not apply to trappers and persons engaged in commercial fisheries. The hours of work provisions of the Act do not apply to employees who are employed primarily in a managerial capacity.
Persons employed primarily as managers are not entitled to overtime pay. Employers may obtain permits from the Labour Standards Officer to average hours of work. If overtime is payable, it is at 1.5 times the regular rate of pay for hours in excess of 8 hours per day or 40 hours per week.
The Labour Standards Act allows the minimum wage to be set by regulation. Effective April 1, 2020, the minimum wage is set at $16 per hour.
As of January 2021, employees to whom the Labour Standards Act applies are entitled to a day off with pay for New Year’s Day, Good Friday, Canada Day, Nunavut Day, the first Monday in August, Labour Day, Thanksgiving Day, Remembrance Day, and Christmas Day. An employee who works on one of these holidays is entitled to pay for the holiday plus wages at 1.5 times the regular rate of pay.
An employee who has been employed by an employer for more than 90 days and less than 3 years is entitled to at least two weeks’ notice of termination or pay in lieu. An employee who has been employed for more than 3 years is entitled to an additional week for each additional year of employment to a maximum of 8 weeks. This does not apply if the employee is dismissed for just cause.
Any decision of the Labour Standards Officer can be appealed to the Board, by either the employee or the employer affected, including a certificate that wages are owing to an employee.
An appeal must be in writing and received within 30 days after the date of the decision or certificate to which the appeal relates. An appeal has to provide basic information about the basis of the appeal and include supporting documentation. The Board’s Guidelines are available on this website and if there are any questions about the process contact the Board at email@example.com or by telephone to 867-975-6159.