The Construction Industry Wages Act

The Construction Industry Wages Act, C.C.S.M. c. C190 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Employees as employers 3 Application of Act 4 Winnipeg Building Construction Wages Board 5 Rural Building Construction Wages Board 6 Heavy Construction Wages Board 7 Members and procedure 8 Employees 9 General powers of board 10 Board may hold hearings 10.1 Construction Industry Advisory Committee 11 Factors to be considered by boards 12 Regulations 13 Time period for payment of wages 14 Attempts to defeat Act, right to recovery of wages 15 Wages under government contracts 16 Repealed 16.1 Proceedings before Labor Board 17 Offence and penalty, limitation of actions 18 Order for payment of wages 19 Service of documents 19.1 Work camp 20 Regulations 21 Costs of administration HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act "board" means a board established under this Act; (« commission ») "construction" includes alteration, building, decoration, demolition, erection, maintenance, relocation, renovation or repair of buildings, structures, roads, sewers, water or gas mains, pipelines, transmission lines, tunnels, bridges, canals or other works at the site thereof; (« construction ») "Crown agency" means any board, commission, or corporation created by an Act of the Legislature, the members of which, or the members of the board of directors of which, are appointed by the Lieutenant Governor in Council; (« organisme gouvernemental ») "employee" includes a person who personally does labour notwithstanding that the person, either alone or jointly with others, employs other persons; (« employé ») "employees' representative" means a person appointed as a member of a board who, in the opinion of the minister, represents the employees in respect of whom the board may or is required to make recommendations; (« représentant des employés ») "employer" means a person who, either solely or jointly, is responsible directly or indirectly for the wages of an employee, and includes the agent, manager, and representative, of any such person; (« employeur ») "employers' representative" means a person appointed as a member of a board who, in the opinion of the minister, represents the employers employing persons in respect of whom the board may or is required to make recommendations; (« représentant des employeurs ») "heavy construction employees" means (a) employees employed in the construction industry as operators of heavy construction equipment, (b) employees employed in the construction industry to do work that is necessarily incidental to work done by heavy construction equipment and who are not within the building construction trades, (c) employees employed in the construction industry who perform demolition work, and (d) employees who perform construction and maintenance work on hydro-electric transmission lines; (« employés de l'industrie de la construction lourde ») "heavy construction sector" includes that portion of the construction industry engaged in (a) the construction and maintenance of highways, roads, railroads, or runways, together with minor drainage divider and retaining works incidental thereto, (b) the construction and maintenance of wharfs, docks, sidewalks, curbs or gutters, (c) the paving and maintenance of parking lots and the preparation therefor, (d) the removal of snow from and blading of highways, roads, railroads, runways or parking lots, (e) the construction and maintenance of the earth moving and fill portions of irrigation and drainage projects, and minor works incidental thereto, (f) the use of heavy construction equipment for the construction and maintenance of dams, tunnels, bridges or overpasses, and works incidental thereto, including the moving of earth or rock relating thereto, (g) the construction and maintenance of water lines, sewer lines, pipelines, sewage lagoons, sewage lift stations, and appurtenances, and underground service lines, but not including the contents thereof, (h) the use of heavy construction equipment for piling, shoring, building excavation or site preparation, including the stripping of overburden and grading to new contours, (i) the transportation of rock, gravel, sand, clay, asphalt, or concrete to and from batching plants for use in construction, (j) the processing and batching of rock, gravel or sand aggregate, (k) the use or operation of crushers, screeners, wash plants or heavy construction equipment associated with extractions of rock, gravel or sand aggregate for use in construction, (l) the transportation of earth, soil, or rubble from a construction site, and the hauling of granular material to a construction site, (m) the hauling of heavy construction equipment by heavy construction contractors to perform any or all of the tasks or activities described in clauses (a) to (l), (o) and (p), (n) the repair and maintenance of heavy construction equipment by employees in heavy construction, whether the work is performed in a shop or on a construction site, (o) the demolition of any building or structure, whether or not heavy construction equipment is used in the demolition, (p) the construction and maintenance of transmission lines; (« secteur de la construction lourde ») "house building sector" includes the portion of the construction industry engaged in (a) the on-site building, erection, structural alteration or structural remodelling, maintenance, repair, decoration, demolition, removal or relocation of any dwelling unit or portion thereof, whether the unit is detached or semi-detached housing, but does not include work specifically defined in the Act or regulations thereunder as constituting part of the heavy construction sector, or the industrial, commercial, and institutional sector, of the construction industry, (b) the on-site assembly, manufacture or installation of any equipment, machinery, fixtures or components, including allied parts, in a dwelling unit except to the extent that the activity is specifically defined under the Act or the regulations as being work constituting part of the heavy construction sector or the industrial, commercial and institutional sector, of the construction industry; (« secteur de la construction d'habitations ») "industrial, commercial and institutional sector" includes the portion of the construction industry engaged in (a) the on-site building, erection, decoration, removal or relocation of a building, structure, apartment building or complex whether or not the units contained therein are rented or owned, or other work, or portion thereof, not specifically defined in the Act or the regulations as constituting part of the heavy construction sector of the construction industry but not including the on-site maintenance, redecoration, renovation, remodelling or repair of an industrial, commercial, institutional, public building or structure or apartment building or complex whether or not the units contained therein are rented or owned, or portion thereof, unless the work involves the structural or architectural alteration or structural or architectural remodelling of the building or structure, (b) the assembly, manufacture or installation on a construction site of any equipment, machinery or fixtures or components, including allied parts, that form an integral part of the building or structure but not including activity that is specifically defined in the Act or the regulations as being work constituting part of the heavy construction sector of the construction industry, (c) the prefabrication of every item built to a custom design for a building or structure or portion thereof, but not including prefabrication work performed in a permanent shop or factory or a manufacturing plant by persons regularly employed therein; (« secteur industriel, commercial et institutionnel ») "major building construction project" means a project in the construction industry that comes within the definition of that expression as set out in the regulations; (« ouvrage important ») "member" means a member of a board and includes the chairperson of a board; (« membre ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre ») "sector" means a division of the construction industry as determined by work characteristics and includes the industrial, commercial and institutional sector, the house building sector and the heavy construction sector; (« secteur ») "wage" means any compensation measured by time, piece, or otherwise, whether fixed by a collective agreement or by an individual agreement. (« salaire ») R.S.M. 1987 Supp., c. 8, s. 1 ; S.M. 1996, c. 72, s. 2 ; S.M. 2000, c. 35, s. 4 . Employees as employers, etc. 2 Where a person who, either alone or jointly with others, employs others, personally does labour themselves, the person shall be deemed, in so far as the person does labour themselves, to be an employee and, in so far as the person employs others, to be an employer. Application of Act 3 This Act does not apply to (a) persons employed in the business of mining; (b) persons employed in the prefabrication industry in prefabricating a structure, or a part thereof, elsewhere than on the site on which the completed structure is intended to be situated; or (c) persons employed by, and under the direction and control of, the owner, tenant, or occupant, of premises as regular maintenance staff to do maintenance and repair work on the premises; or (d) persons employed in the construction of farm buildings; or (e) persons employed in the house building sector of the construction industry. R.S.M. 1987 Supp., c. 8, s. 1 .1; S.M. 1996, c. 72, s. 3 . Establishment of Winnipeg Building Construction Wages Board 4(1) There is established a board to be known as: "The Winnipeg Building Construction Wages Board", consisting of (a) two employees' representatives; (b) two employers' representatives; and (c) a chairperson who shall be impartial in respect of the interests of employers and employees. Duties of Winnipeg Building Construction Wages Board 4(2) The Winnipeg Building Construction Wages Board shall from time to time, at the request of the minister, make a report to the minister recommending in respect of employees employed in the industrial, commercial and institutional sector of the construction industry in Winnipeg or on major building construction projects, (a) the minimum rates of wages which they should receive for standard hours of work and for overtime working hours; (b) the standard hours of work that they should be required to work in any day, week or month; and (c) any other matters relating to such wages or hours of work that the board considers advisable, or in respect of which the minister has requested it to make a recommendation. S.M. 1996, c. 72, s. 4 . Establishment of Rural Building Construction Wages Board 5(1) There is established a board to be known as: "The Rural Building Construction Wages Board", consisting of (a) two employees' representatives; (b) two employers' representatives; and (c) a chairperson who shall be impartial in respect of the interests of employers and employees. Duties of Rural Building Construction Wages Board 5(2) The Rural Building Construction Wages Board shall from time to time, at the request of the minister, make a report to the minister recommending in respect of employees employed in the industrial, commercial and institutional sector of the construction industry outside of Winnipeg and not on a major building construction project, (a) the minimum rates of wages that they should receive for standard hours of work and for overtime working hours; (b) the standard hours of work that they should be required to work in any day, week or month; and (c) any other matters relating to such wages or hours of work that the board considers advisable, or in respect of which the minister has requested it to make a recommendation. S.M. 1996, c. 72, s. 5 . Establishment of The Heavy Construction Wages Board 6(1) There is established a board to be known as: "The Heavy Construction Wages Board", consisting of (a) two employees' representatives; (b) two employers' representatives; and (c) a chairperson who shall be impartial in respect of the interests of employers and employees. Duties of Heavy Construction Wages Board 6(2) The Heavy Construction Wages Board shall, from time to time, at the request of the minister, make a report to the minister recommending in respect of heavy construction employees (a) the minimum rates of wages that they should receive for standard hours of work and for overtime working hours; (b) the standard hours of work that they should be required to work in any day, week or month; and (c) any other matters relating to such wages or hours of work that the board considers advisable, or in respect of which the minister has requested it to make a recommendation. S.M. 1996, c. 72, s. 6 ; S.M. 2000, c. 35, s. 4 . Appointment of members of boards 7(1) Each member of a board shall be appointed by the Lieutenant Governor in Council for such term as may be prescribed by the Lieutenant Governor in Council, and thereafter until the member's successor is appointed. Employees' representatives 7(2) A person shall not be appointed as an employees' representative on a board unless that person is, or has been, such an employee. Employers' representatives 7(3) A person shall not be appointed as an employers' representative on a board unless that person is, or has been, such an employer. Quorum 7(4) A majority of the members of a board constitutes a quorum for the transaction of business. Rules of procedure 7(5) A board shall govern its own procedure, and may make rules relating to its procedure. Salary and expenses 7(6) Each member of a board shall be paid such salary or other remuneration and reasonable expenses as may be fixed in the appointing order. 7(7) [Repealed] S.M. 1996, c. 72, s. 7 . S.M. 1996, c. 72, s. 7 . Employees 8 Such officers and employees as may be required for the purposes of this Act may be appointed under Part 3 of The Public Service Act . S.M. 2021, c. 11, s. 65 . General powers of board 9 For the purposes of performing their duties under this Act, the members of a board have all the powers of commissioners appointed under Part V of The Manitoba Evidence Act . Board may hold hearings 10 Before making a report to the minister, a board may hold hearings at such times and places as it deems advisable for the purpose of conducting inquiries and investigations into matters in respect of which it may or is required to make recommendations. S.M. 1996, c. 72, s. 8 . Establishment of Advisory Committee 10.1(1) The minister may establish a "Construction Industry Advisory Committee" consisting of not less than 3 members and not more than 7 members of whom one member shall be named as chairperson by the minister. Representation 10.1(2) The members of the committee appointed under subsection (1) shall be representative of the interests of the general public, consumers and such other groups as the minister deems appropriate. Committee to consider matters referred 10.1(3) The committee shall from time to time, at the request of the minister, consider such matters relating to the construction industry as the minister may refer to it and advise the minister thereon. Remuneration 10.1(4) Each member of the committee shall be paid such salary or other remuneration and reasonable expenses as may be fixed in the appointing order. Application of sections 9 and 10 10.1(5) Sections 9 and 10 apply, with necessary modifications, to a committee appointed under this section. S.M. 1996, c. 72, s. 9 . Factors to be considered by boards 11(1) In preparing a report with recommendations, a board shall consider (a) the competitive position of the construction industry in Manitoba in relation to the construction industry in other provinces and jurisdictions; (b) the needs related to the entry into and the development and availability of a skilled and productive workforce; (c) providing for fairness in the tendering process for construction projects; (d) providing for a fair and reasonable rate of wages; and (e) such other factors as the board considers relevant to the recommendations or as the minister directs. Recommendations 11(2) In making a report under this Act, a board may make different recommendations in respect of (a) different classes of employees; (b) different areas; and (c) different major building construction projects. S.M. 1996, c. 72, s. 10 . Regulations 12(1) The Lieutenant Governor in Council may make regulations (a) prescribing minimum rates of wages to be paid to employees in the construction industry for standard hours of work and for overtime working hours; (b) prescribing the standard hours of work that employees in the construction industry may be required to work in any day, week, or month, before being paid at overtime rates of wages. Different wages and hours 12(2) Regulations made under subsection (1) may be made to apply to part of the province only and may prescribe different standards of wages and hours in respect of (a) different classes of employees; (b) different areas; and (c) different major building construction projects. Regulations have force of law 12(3) Regulations made under subsection (1) have the force of law. Effect of Employment Standards Code 12(4) The regulations made under this section shall not apply in any case to have the effect of reducing the wages any employee is entitled to receive to an amount less than the employee would be entitled to receive under The Employment Standards Code or the regulations made thereunder. S.M. 1996, c. 72, s. 11 ; S.M. 2000, c. 35, s. 4 . Time in which employees' wages required to be paid 13 Unless the minister otherwise permits, the employer of an employee in the construction industry shall pay to the employee the whole of the wages to which the employee is entitled under this Act, or the regulations, within five days after the end of the pay period for which the wages are payable. Contracts to defeat Act 14(1) Every contract or arrangement made by an employer or an employee or between an employer and an employee that seeks or purports to circumvent or defeat the purpose of this Act or the regulations is void, and nothing therein affects the right of the employee to recover wages at the rates prescribed in the regulations. Acceptance of low wages not defence of action 14(2) The acceptance by an employee of wages at a rate lower than the minimum rate to which the employee is entitled under this Act or the regulations shall not be a defence (a) to an action by the employee to recover wages at the rates prescribed in the regulations; or (b) to a prosecution under this Act or the regulations for failing to comply with this Act or the regulations. Civil remedy not abridged 14(3) Nothing in this Act or the regulations curtails, abridges, or defeats any civil or other remedy for the recovery of wages by an employee from their employer. Application of Employment Standards Code 14(4) The Employment Standards Code applies to the recovery of wages by an employee in any sector of the construction industry. S.M. 1996, c. 72, s. 12 ; S.M. 2000, c. 35, s. 4 . Claim for wages under government contracts 15(1) Where (a) an employer doing work in performance of a contract with the government or a Crown agency; or (b) an employer doing work in performance of a sub-contract under a contract between another person and the government or a Crown agency; makes default in paying wages to an employee employed in the construction industry to do work under the contract or sub-contract, as the case may be, the employee may file a written claim for the wages with the minister not later than thirty days after the date upon which the wages first become due. Order for payment of wages 15(2) Where the minister receives a claim made under subsection (1), if the minister is satisfied as to the amount of the claim and that the employer is liable to pay the wages, the minister shall order, in writing, that the amount of the claim be paid to the employee; and (a) where the employer is under contract with the government or the Crown agency, shall send the order or a signed copy thereof to the minister of the Crown having charge of the contract or to the chief officer of the Crown agency, as the case may be; and (b) where the employee is under a sub-contract under a contract between another person and the government or the Crown agency, shall send the order or a signed copy thereof to that other person. Payment of claim 15(3) Where a minister of the Crown or the chief officer of a Crown agency receives an order for the payment of wages or a copy thereof made under subsection (2), the minister or chief officer shall pay or cause to be paid the amount of the claim to the employee from and out of, and to the extent of, (a) any moneys payable to the employer under the contract; or (b) any security held for payment of such claims against the employer; and the minister or chief officer shall deduct, or cause to be deducted, from any moneys so payable under the contract the amount paid on the claim. Payment of claim by contractor 15(4) Where a person having a contract with the government or the Crown agency receives an order, or a copy thereof, made under subsection (2), the person shall pay, or cause to be paid, the amount of the claim to the employee from and out of, and to the extent of, (a) any moneys payable to the employer under the sub-contract; or (b) any security held for payment of such claims against the employer; and the person shall deduct, or cause to be deducted, from any moneys so payable under the contract the amount paid on the claim. 16 [Repealed] S.M. 1996, c. 72, s. 13 . Definition of "board" 16.1(1) In this section and section 19.1, "board" means the Manitoba Labour Board continued under The Labour Relations Act . Proceedings before Labour Board 16.1(2) On application in writing to the board by a party which, in the opinion of the board, would be directly affected by or have an interest in the determination of the question, or on a request or on a referral under section 110 of The Employment Standards Code by the Director of Employment Standards, or on its own motion, the board may, at any time, for purposes of this Act, decide any question as to (a) whether or not work involves the structural or architectural alteration, or structural or architectural remodelling of a building or structure; (b) whether or not the assembly, manufacture or installation on a construction site of equipment, machinery, fixtures or components forms an integral part of the building or structure; or (c) whether or not any particular work or activity constitutes work in the heavy construction sector of the construction industry or in the industrial, commercial and institutional sector of the industry. Board may issue policies and guidelines 16.1(3) For the purpose of this section, the board may issue written policies and guidelines. S.M. 1996, c. 72, s. 14 ; S.M. 2000, c. 35, s. 4 ; S.M. 2017, c. 27, s. 7 . Offence and penalty 17(1) An employer who fails or neglects to comply with any provision of the Act or the regulations is guilty of an offence and is liable, on summary conviction where the employer is an individual, to a fine of not less than $250. and not more than $2500. or to imprisonment for a term not exceeding three months or to both and, where the employer is a corporation, to a fine of not less than $1250. and not more than $25,000. Limitation on prosecutions 17(2) Notwithstanding any other Act of the Legislature, proceedings in respect of a prosecution for an alleged offence under this Act or the regulations may be instituted (a) where the alleged offence is failure to pay wages at rates required to be paid under this Act or the regulations, any time within one year after the date on which the wages first become payable; and (b) for other alleged offences, any time within one year after the time when the subject matter of the prosecution arose. Continuing offence 17(3) Each day during which a person fails to comply with any provision of this Act or the regulations constitutes a separate and distinct offence. R.S.M. 1987 Supp., c. 8, s. 2 ; S.M. 1996, c. 72, s. 15 . Order for payment of wages 18(1) Where an employer is convicted of an offence under this Act or the regulations relating to the failure to pay to an employee wages at rates required to be paid to the employee under this Act or the regulations, the justice shall find the amount due by the employer to the employee after crediting any amount actually paid to the employee by the employer on account of wages; and shall, in addition to any fine or other penalty which the justice imposes, order the employer to pay to the employee the amount so found to be due together with such costs as the justice may allow the employee. Application of Employment Standards Code 18(2) An order for payment of wages under subsection (1) shall be deemed to be an order for the payment of wages made under The Employment Standards Code ; and the provisions of that Code relating to the enforcement of such order apply thereto, mutatis mutandis. One year limitation 18(3) No order for the payment of wages due and payable more than one year before the date of the information shall be made under subsection (1). S.M. 2000, c. 35, s. 4 ; S.M. 2005, c. 8, s. 12 . Service of documents 19 Section 136 of The Employment Standards Code applies to any notice, order, requisition, summons, or other paper or document, required or authorized to be served or sent for the purposes of this Act. S.M. 1998, c. 29, s. 155 . Work camp 19.1 Notwithstanding the provisions of The Employment Standards Code , where employees are employed in a work camp in a remote area on construction work and do not have ready access to their homes, the board may, on application by the management of the project and with the consent of the majority of the employees involved, extend the maximum standard hours of work per week or per day without the payment of overtime. S.M. 1996, c. 72, s. 16 ; S.M. 2000, c. 35, s. 4 . Regulations 20(1) For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations (a) defining the type, class, or size of projects in the construction industry that are major building construction projects; (b) defining a word or expression used and not defined in this Act, which may include "Winnipeg"; (c) specifying and defining classes of employees in the construction industry, which may include helpers, journeypersons, general construction labourers, unskilled labourers and students, and specifying the ratio of the different classes permitted to be employed in construction projects in the province or parts of the province; (d) exempting any Crown agency, or any class of employers or class or employees, from the application of this Act or any provision of this Act or any regulation under this Act or of any provision of a regulation under this Act; (e) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Act. Definitions of words 20(2) For the purposes of this Act and any regulations made thereunder, the Lieutenant Governor in Council may, by regulation, define any word or expression used in or included in (a) the definition "construction" in section 1; (b) the definition "sector" in section 1; (c) the definition "house building sector" in section 1; (d) the definition "industrial, commercial and institutional sector" in section 1; (e) the definition "heavy construction sector" in section 1; and any such regulation has the force of law. R.S.M. 1987 Supp., c. 8, s. 3 ; S.M. 1996, c. 72, s. 17 . Cost of administration 21 All costs incurred in the administration of this Act shall be paid from the Consolidated Fund with moneys appropriated by an Act of the Legislature to be so paid and applied.