Fair Wages Policy Order
C.R.C., c. 1621
FAIR WAGES POLICY
Short Title
1 This Order may be cited as the Fair Wages Policy Order.
Construction or Remodelling of Public Buildings
2 (1) The conditions set out in Schedule I shall be observed by all departments with respect to all contracts made on behalf of the Government of Canada for the construction or remodelling of public buildings of all kinds, railways, canals, roads, bridges, locks, dry docks, elevators, harbours, piers, wharves, lighthouses and other works for the improvement and safety of transportation and navigation, rifle ranges, fortifications and other works of defence, dams, hydraulic works, slides, piers, booms and other works for facilitating the transmission of timber, and all other works and properties constructed or remodelled for the Government of Canada.
(2) The conditions set out in Schedule I shall, as far as practicable, be observed by all departments with respect to all agreements made by the Government of Canada involving the grant or payment of any public moneys of Canada by way of contribution, subsidy, loan, advance or guarantee for any of the purposes mentioned in subsection (1).
(3) Returns shall be furnished by all departments to the Department of Labour showing the nature of all contracts which have been entered into during the month preceding to which the conditions set out in Schedule I apply, the names and addresses of the contractors, the dates and amounts of the contracts, and the text of the Fair Wages Schedules, if any, inserted in such contracts.
Manufacture and Supply
3 (1) The conditions set out in Schedule II shall be observed by all departments with respect to all contracts for the manufacture and supply to the Government of Canada of fittings for public buildings, harness, saddlery, clothing and other outfit for the military and naval forces, Royal Canadian Mounted Police, letter carriers and other government officers and employees, mail bags, letter boxes and other postal stores, and any other articles and things that may hereafter be designated by the Governor in Council.
(2) Returns shall be furnished by all departments to the Department of Labour showing the nature of all contracts which have been entered into during the preceding month to which the conditions set out in Schedule II apply, the names and addresses of the contractors and the dates and amounts of the contracts.
General
4 The following provisions shall be inserted in all contracts entered into on behalf of the Government of Canada to which by the provisions of this Order the conditions set out in Schedule I or II are applicable:
NON-DISCRIMINATION PROVISION
(a) In the hiring and employment of workmen to perform any work under this contract, the contractor shall not refuse to employ and shall not discriminate in any manner against any person because
(i) of that person's race, national origin, colour, religion, age, sex or marital status,
(ii) of the race, national origin, colour, religion, age, sex or marital status of any person having any relationship or association with that person, or
(iii) a complaint has been made or information has been given by or in respect of that person relating to an alleged failure by the contractor to comply with subparagraph (i) or (ii).
(b) If any question arises at any time as to whether or not there has been a failure on the part of the contractor to comply with the provisions of paragraph (a), the Minister or Deputy Minister of Labour or any other person designated by the Minister of Labour for the purpose shall decide the question, subject to paragraph (e), and his decision shall be final for the purpose of this contract.
(c) The contractor shall make available to the Minister or Deputy Minister of Labour or any person instructed by the Minister or Deputy Minister of Labour to inquire into any complaint of non-compliance with the provisions of paragraph (a) or to otherwise make inquiries as to compliance by the contractor with the provisions thereof, his books and records and shall furnish such additional information as is required for the purposes of the inquiry.
(d) Failure of the contractor to comply with any of the provisions of paragraph (a) shall constitute a material breach of the contract.
(e) If the contractor is dissatisfied with a decision under paragraph (b), he may, within 30 days after the decision was made, request the Minister of Labour to refer the question to a judge, and thereupon the Minister of Labour shall refer the question to a judge of a superior, county or district court, whose decision is final for the purposes of this contract.
SCHEDULE I(ss. 2 and 4)Labour Conditions “A”
Department of Labour to Prepare Fair Wages Schedules
1 Wherever the word "Minister" occurs in these conditions and is not qualified by the words "of Labour", the reference is to the Minister of the contracting department.
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(1) In the case of all contracts to which these conditions apply, the department of the Government concerned shall communicate to the Department of Labour the nature of the proposed contract and the classes of labour likely to be required in its execution. The Department of Labour shall thereupon prepare and furnish to the department concerned schedules setting forth the rates of wages generally accepted as current for competent workmen of the various classes required in the district in which the work is to be performed or, if there be no current rates in the district, then fair and reasonable rates, the same to be recognized as the minimum rates of wages payable to the various classes of workmen employed, and also setting forth the hours of labour fixed by the custom of the trade in the district or, if there be no such custom then fair and reasonable hours, the same to be recognized as the maximum hours during which the several classes of workmen employed shall be required to work, except for the protection of life or property or on due cause shown to the satisfaction of the Minister of Labour.
(2) By the term "current wages" and the term "hours of labour fixed by the custom of the trade" in subsection (1) are meant respectively the standard rates of wages and hours of labour either recognized by signed agreements between employers and workmen in the district from which the labour required is necessarily drawn, or actually prevailing although not necessarily recognized by signed agreements.
Minister of Labour to Determine Overtime Rates and Proper Classifications
3 The following provision shall be inserted in all government contracts containing Fair Wages Schedules:
"Where there are special circumstances which in the judgment of the Minister of Labour make it expedient that he should do so, he may decide what are the current or fair and reasonable rates of wages for overtime, and what is the proper classification of any work for the purposes of wages and hours. Immediately upon receipt of notice of any decision of the Minister of Labour hereunder the contractor shall adjust the wages and hours and classification of work so as to give effect to such decision. In case the contractor shall fail so to do, or fail at any time to pay to any employee or employees for any services performed or for any hours of labour wages according to the rates set forth in the schedule or fixed therefor by the Minister of Labour hereunder regarding overtime and classification, the Minister of Labour may authorize and direct the Minister to pay any such wages at the rates so fixed and to deduct the amount thereof from any moneys owing by the Government to the contractor and any such payment shall for all purposes as between the contractor and the Government be deemed and taken to be payment to the contractor, and the contractor shall be bound in every particular, by any such authority, direction and payment as aforesaid."
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(1) In any case where the Department of Labour is unable to furnish schedules of wages and hours for the purpose aforesaid, the Department of Labour may recommend the insertion of a General Clause in the terms following:
General Conditions Applying Where no Wages Schedule is Furnished
(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; that is, 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 such workmen are respectively engaged; but shall in all cases be such wages as are fair and reasonable.
(b) The working hours of persons while so employed shall not exceed 8 hours per day nor 44 hours per week except in cases of emergency as may be approved by the Minister of Labour.
(c) The Minister of Labour may at any time and from time to time determine, for the purposes of this contract, what are the current or fair and reasonable rates of wages, and may from time to time rescind, revoke, amend or vary any such decision.
(d) Where there are special circumstances that in the judgment of the Minister of Labour make it expedient that he should do so, he may, in the manner and subject to the provisions hereinabove set forth, decide what are the current or fair and reasonable rates of wages for overtime, and what is the proper classification of any work for the purposes of wages and hours.
(2) Immediately upon receipt of notice of any decision of the Minister of Labour hereunder, the contractor shall adjust the wages and hours and classification of work so as to give effect to such decision. In case the contractor shall fail so to do or to pay to any employee or employees for any services performed or for any hours of labour, wages according to the rates fixed therefor by the Minister of Labour, the Minister of Labour may authorize and direct the Minister to pay any such wages at the rates so fixed and to deduct the amount thereof from any moneys owing by the Government to the contractor, and any such payment shall for all purposes as between the contractor and the Government be deemed and taken to be payment to the contractor, and the contractor shall be bound in every particular by any such authority, direction and payment as aforesaid.
5 The following provisions shall also be inserted in all contracts to which these conditions apply:
Fair Wages Clause or Schedule to be Posted
(a) The contractor shall post and keep posted in a conspicuous place on the premises where the contract is being executed, occupied or frequented by the workmen, the Fair Wages Clause or Schedule inserted in his contract for the protection of the workmen employed, also any decision of the Minister of Labour under section 4.
Contractor to Keep Records Which Are to be Open for Inspection
(b) The contractor shall keep proper books and records showing the names, trades and addresses of all workmen in his employ and the wages paid to and time worked by such workmen, and the books or documents containing such records shall be open for inspection by the Fair Wages Officers of the Government at any time it may be expedient to the Minister of Labour to have the same inspected.
Departmental Requirements Before Payments Made to Contractor
(c) The contractor shall not be entitled to payment of any money which would otherwise be payable under the terms of the contract in respect of work and labour performed in the execution of the contract unless and until he shall have filed with the Minister in support of his claim for payment a statement attested by statutory declaration, showing
(i) the rates of wages and hours of labour of the various classes of workmen employed in the execution of the contract,
(ii) whether any wages in respect of the said work and labour remain in arrears,
(iii) that all the labour conditions of the contract have been duly complied with; nor, in the event of notice from the Minister of Labour of claims for wages, until the same are adjusted.
The contractor shall also from time to time furnish the Minister such further detailed information and evidence as the Minister may deem necessary in order to satisfy him that the conditions herein contained to secure the payment of fair wages have been complied with, and that the workmen so employed as aforesaid upon the portion of the work in respect of which payment is demanded have been paid in full.
Authority to Pay Wages in Event of Default by Contractor
(d) In the event of default being made in payment of any money owing in respect of wages of any workman employed on the said work and if a claim therefor is filed in the office of the Minister and proof thereof satisfactory to the Minister is furnished, the said Minister may pay such claim out of the moneys at any time payable by the Government under such contract and the amounts so paid shall be deemed payments to the contractor.
Conditions of Subcontracting
(e) With a view to the avoidance of any abuses which might arise from the subletting of contracts it shall be understood that subletting, other than such as may be customary in the trades concerned, is prohibited unless the approval of the Minister is obtained; subcontractors shall be bound in all cases to conform to the conditions of the main contract, and the main contractor shall be held responsible for strict adherence to all contract conditions on the part of subcontractors; the contract shall not, nor shall any portion thereof be transferred without the written permission of the Minister; no portion of the work to be performed shall be done at the homes of the workmen.
Workmen to be Residents of Canada
(f) All workmen employed upon the work comprehended in and to be executed pursuant to the said contract shall be residents of Canada, unless the Minister is of the opinion that Canadian labour is not available or that special circumstances exist which render it contrary to the public interest to enforce this provision.
Inspecting Officers to Ensure Due Observance of Labour Conditions
6 In all cases where clerks of works or other inspecting officers are appointed by the Government to ensure the due observance of the contract, they shall be specially instructed by the department concerned to do all in their power to see that the labour conditions are fully complied with and to report any apparent violations to the department with which the contract was made.
Fair Wages and Hours of Labour Act to Govern
7 The foregoing conditions are subject to the provisions of the Fair Wages and Hours of Labour Act and regulations made thereunder.
SCHEDULE II(ss. 3 and 4)Labour Conditions “B”
The following provisions shall be inserted in all contracts to which these conditions apply:
Fair Wages and Hours Provisions
1 Wherever the word "Minister" occurs in these conditions and is not qualified by the words "of Labour", the reference is to the Minister of the contracting department.
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(a) All workmen, labourers or other persons who perform labour in the construction of the work hereby contracted for, shall be paid such wages as are generally accepted as current from time to time during the continuance of the contract for competent workmen in the district in which the work is being performed for the character or class of work in which they are respectively engaged, and if there be no current rate in such district, then a fair and reasonable rate. In no event shall the wages for the particular classification or classifications of labour concerned be less than those established by statute or regulation of the province in which the work is being performed.
(b) The working hours shall be those fixed by the custom of the trade as respects hours in the district where the work is carried on, or if there be no custom of the trade as respects hours in the district, then fair and reasonable hours, except for the protection of life and property, or on due cause shown to the satisfaction of the Minister of Labour.
(c) Where there are special circumstances which in the judgment of the Minister of Labour make it expedient that he should do so, he may decide what are the current or fair and reasonable rates of wages for overtime, and what is the proper classification of any work for the purposes of wages and hours. Immediately upon receipt of notice of any decision of the Minister of Labour hereunder the contractor shall adjust the wages and hours and classification of work so as to give effect to such decision. In the event of a dispute arising as to what is the current or a fair and reasonable rate of wages, or what are the current hours fixed by the custom of the trade or fair and reasonable hours or as to rates for overtime it shall be determined by the Minister of Labour, whose decision shall be final; payment may also be withheld of any moneys which would otherwise be payable to the contractor until the Minister of Labour's decision has been complied with.
By the term "current wages" and the term "hours of labour fixed by the custom of the trade", in the foregoing, are meant respectively the standard rates of wages and hours of labour either recognized by signed agreements between employers and workmen in the district from which the labour required is necessarily drawn or actually prevailing, although not necessarily recognized by signed agreements.
Fair Wages Provisions to be Posted
3 The contractor shall post and keep posted in a conspicuous place on the premises where the contract is being executed, occupied or frequented by the workpeople, the foregoing fair wages provisions for the protection of the workpeople employed.
Records to be Open for Inspection
4 The contractor shall keep proper books and records showing the names, ages, trades and addresses of all workmen in his employ and the wages paid to and time worked by such workmen and the books and documents containing such records shall be open for inspection by the Fair Wages Officers of the Government at any time it may be expedient to the Minister of Labour to have the same inspected.
Premises and Work to be Kept Open for Inspection
5 The contractor's premises and the work being performed under this contract shall be open for inspection at all reasonable times by any officer authorized by the Minister of Labour for this purpose; all such premises shall be kept by the contractor in sanitary condition.
Conditions of Subcontracting
6 With a view to avoidance of any abuses which might arise from the subletting of contracts, it shall be understood that subletting is prohibited unless the approval of the Minister is obtained; subcontractors shall be bound in all cases to conform to the conditions of the main contract, and the main contractor shall be held responsible for strict adherence to all contract conditions on the part of subcontractors; the contract shall not nor shall any portion thereof be transferred without the written permission of the Minister; no portion of the work to be performed shall be done at the homes of the workpeople or, except as specially provided for under legislative authority, by inmates of penal institutions.
Workmen to be Residents of Canada
7 All workmen employed upon the work comprehended in and to be executed pursuant to this contract shall be residents of Canada, unless the Minister is of the opinion that Canadian labour is not available or that special circumstances exist which would render it contrary to the public interest to enforce this provision.
Departmental Requirements Before Payments Made to Contractor
8 The contractor shall not be entitled to payment of any money which would otherwise be payable under the terms of the contract in respect of work and labour performed in the execution of the contract unless and until he has filed with the Minister in support of his claim for payment a statement attested by statutory declaration showing
(i) the rates of wages and hours of labour of the various classes of workmen employed in the execution of the contract,
(ii) whether any wages in respect of the said work and labour remain in arrears,
(iii) that all the labour conditions of the contract have been duly complied with; or, in the event of notice from the Minister of Labour of claims for wages, until the same are adjusted.
The contractor shall also from time to time furnish to the Minister such further detailed information and evidence as the Minister may deem necessary in order to satisfy him that the conditions herein contained to secure the payment of fair wages have been complied with, and that the workmen so employed as aforesaid upon the portion of the work in respect of which payment is demanded have been paid in full.
Authority to Pay Wages in Event of Default by Contractor
9 In the event of default being made in payment of any money owing in respect of wages of any workman employed on the said work, and if a claim therefor is filed in the office of the Minister and proof thereof satisfactory to the Minister is furnished, the said Minister may pay such claim out of the moneys at any time payable by the Government under such contract and the amount so paid shall be deemed payments to the contractor.
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