Canada Labour Standards Regulations

20 (1) Subject to subsections (2) and (3), for the purposes of calculating and determining the regular hourly rate of wages of employees who are paid on any basis of time other than hourly, an employer shall divide the wages paid for work performed by the number of hours required to perform the work.

(2) The regular hourly rate of wages for the purposes of paragraph 174(1)(a) and subsections 174(4) and (5), 197(1) and 205(2) of the Act may be the rate agreed on under a collective agreement that is binding on the employer and the employee.

(3) For the purposes of subsection (1),

• (a) the wages paid for work performed do not include vacation pay, general holiday pay, other holiday pay, bereavement leave pay and wages paid for any hours of overtime; and

• (b) the number of hours required to perform the work does not include hours for which an overtime rate of wages has been paid.