Canada Labour Code
Marginal note:Minimum wage
178 (1) Except as otherwise provided by or under this Division, an employer shall pay to each employee a wage at a rate
(a) not less than the minimum hourly rate fixed, from time to time, by or under an Act of the legislature of the province where the employee is usually employed and that is generally applicable regardless of occupation, status or work experience; or
(b) where the wages of the employee are paid on any basis of time other than hourly, not less than the equivalent of the rate under paragraph (a) for the time worked by the employee.
Marginal note:Where wage rate based on age
(2) For the purposes of paragraph (1)(a), where minimum hourly rates for a province are fixed on the basis of age, the minimum hourly rate for that province is the highest of those rates.
Marginal note:Amendment of minimum wage
(3) For the purposes of paragraph (1)(a), the Governor in Council may, by order,
(a) replace the minimum hourly rate that has been fixed with respect to employment in a province with another rate; or
(b) fix a minimum hourly rate with respect to employment in a province if no such minimum hourly rate has been fixed.
Marginal note:Minimum on other basis than time
(4) Where the wages of an employee are computed and paid on a basis other than time or on a combined basis of time and some other basis, the Minister may, by order,
(a) fix a standard basis of work to which a minimum wage on a basis other than time may be applied; and
(b) fix a minimum rate of wage that in the opinion of the Minister is the equivalent of the minimum rate under subsection (1).
Marginal note:Minimum rate fixed by order to be paid
(5) Except as otherwise provided by or under this Division, the employer shall pay to each employee who is paid on a basis other than time or on a combined basis of time and some other basis a wage at a rate not less than the minimum rate fixed by order under subsection (4).
- R.S., 1985, c. L-2, s. 178
- 1996, c. 32, s. 1
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