Marginal note:Short title

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

Marginal note: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.

Marginal note: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.

• Marginal note: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.