The Employment Standards Code

The Employment Standards Code, C.C.S.M. c. E110 (Assented to June 29, 1998) bilingual version (HTML) Table of Contents Section PART 1 DEFINITIONS, APPLICATION AND OPERATION OF THIS CODE 1 Definitions 2 Application of this Code 3 Effect on agreement, remedy, other Act 4 Effect of minimum standards 5 Continuity of employment 5.1 Relationship between agency and individual PART 2 MINIMUM STANDARDS DIVISION 1 — MINIMUM WAGE 6 Payment of minimum wage 7 Determination of minimum wage 7.1 Minimum wage — additional amount 8 Cabinet order for no increase DIVISION 2 — STANDARD HOURS OF WORK 9 Application to construction industry 10 Standard hours of work 11 Repealed 11.1 Averaging by agreement without director's approval 12 Averaging that requires director's approval 13 Director may authorize increased standard hours 14 Terms and conditions of permit 14.1 Individual flextime arrangements 15 Repealed DIVISION 3 — OVERTIME 16 Repealed 17 Overtime to be paid at overtime wage rate 18 Time off in lieu of overtime pay 19 No implied right to require overtime 20 Repealed DIVISION 4 — GENERAL HOLIDAYS 21 Definitions 22 Eligibility for holiday pay 23 Amount of holiday pay 24 Determining overtime for pay period that includes day off 25 Employee works on general holiday 26 Holiday pay for day off 27 Employment terminated before day off 28 Substitution of other day for general holiday 29 Former employee's entitlement 30 Construction employees 31-33 Repealed DIVISION 5 — ANNUAL VACATIONS AND VACATION ALLOWANCES 34 Employee entitlement to annual vacation 35 When annual vacation to be given 36 Setting dates for annual vacation 37 Period of vacation 38 Vacation during annual shut-down 39 Amount of vacation allowance 40 Payments do not affect vacation entitlement 41 Effect of previous year or vacation taken in advance 42 Use of common anniversary date 43 Effect of notice of termination 44 Payment of vacation allowance on termination DIVISION 6 — WEEKLY DAY OF REST 45 Employer to provide day of rest 46 Employer may apply for exemption 47 Application for exemption 48 Employee entitled to day off without pay 49 Director may set conditions and vary order DIVISION 7 — WORK BREAKS 50 Employer to provide break DIVISION 8 — WAGES FOR REPORTING FOR WORK 51 Wage for reporting for work DIVISION 9 — LEAVES OF ABSENCE MATERNITY LEAVE 52 Definitions 53 Eligibility for maternity leave 54 Length of maternity leave 55 Maternity leave if notice given after stopping work 56 Maternity leave if notice not given 57 End of maternity leave if notice not given 57.1 End of maternity leave PARENTAL LEAVE 58 Employee entitled to parental leave 59 Maternity and parental leaves must be continuous 59.1 End of parental leave OTHER UNPAID LEAVES 59.2 Compassionate care leave 59.3 Family leave 59.4 Bereavement leave 59.5 Leave for reservist 59.6 Leave for organ donation 59.7 Leave for citizenship ceremony 59.8 Leave related to critical illness 59.9 Leave related to child's death or disappearance 59.10 Long-term leave for serious injury or illness INTERPERSONAL VIOLENCE LEAVE 59.11 Interpersonal violence leave PUBLIC HEALTH EMERGENCY LEAVE — COVID-19 59.12 Employee entitled to public health emergency leave 59.13 COVID-19 vaccination leave GENERAL 60 Reinstatement, prohibition of termination DIVISION 10 — TERMINATION OF EMPLOYMENT 60.1 Period of employment SUBDIVISION 1 — TERMINATION OF THE EMPLOYMENT OF AN INDIVIDUAL 61 Termination by employer — notice or wage in lieu of notice 62 Exceptions to notice requirements 62.1 Termination by employee 63-65 Repealed SUBDIVISION 2 — TERMINATION OF THE EMPLOYMENT OF A GROUP OF EMPLOYEES 66 Meaning of "affected employees" 67 Notice of intent to terminate employment of 50 or more employees 68 Individual notice required 69 Minister may exempt employees 70 Employer and agent to co-operate JOINT PLANNING COMMITTEE 71 Minister may appoint committee 72 Minister may provide terms of reference 73 Employer to give employee time off 74 Objectives of joint planning committee 75 Employer and employees to assist committee SUBDIVISION 3 — WORKING CONDITIONS AFTER NOTICE, PAYMENT IN LIEU OF NOTICE, LAY-OFFS AND COMPLAINTS 76 Employer not to change conditions after notice 77 Wage in lieu of notice 77.1 Termination by employer or employee after notice 78-79 Repealed DIVISION 11 — HOME WORK 80 Records and conditions of employment DIVISION 12 — RETAIL EMPLOYEES' RIGHT TO REFUSE TO WORK ON SUNDAY 81 Retail employees may refuse to work on Sunday DIVISION 13 — EQUAL WAGES 82 Discrimination in wage scales prohibited DIVISION 14 — EMPLOYMENT OF YOUNG PERSONS 83 Definitions CHILDREN UNDER 13 84 No employment of child under 13 YOUNG PERSONS UNDER 16 84.1 Work readiness certificate 84.2 Restricted hours of employment YOUNG PERSONS UNDER 18 84.3 No working alone at night DIVISION 15 — 85 Repealed PART 3 PAYMENT OF WAGES DIVISION 1 — TIME AND METHOD OF PAYMENT OF WAGES 86 Wages to be paid within certain time 87 Complaint re payment of wages 88 How wages are to be paid 89 Employer to pay certain wages to director DIVISION 2 — DIRECTORS OF CORPORATIONS 90 Corporate director's liability for unpaid wages 91 Officer may order director or former director to pay DIVISION 3 — COMPLAINTS, INVESTIGATIONS AND DETERMINATIONS 92 Filing complaint with officer 93 When complaint may be refused 94 Officer may file caveat, notice, statement 95 Dismissal of complaint by order 96 Order for payment of wages 96.1 Order to compensate or reinstate 97 Order to provide for interest DIVISION 4 — RECEIVERS 98 Receiver in position of employer re lien DIVISION 5 — DIRECTOR'S DEMAND TO THIRD PARTIES 99 Director may issue a third party demand DIVISION 6 — PRIORITY OF WAGES AND ENFORCEMENT 100 Employer is deemed to hold wages in trust 101 Priority of lien and charge 102 Priority of purchase money security interests 102.1 Priority of lien for tax collected and not remitted 103 Director may file order in court 104 Director may file certificate of judgment in L.T.O. 105 Priority of caveat under Judgments Act 106 Priority of real property mortgage 107 Director may allocate recovered wages among employees DIVISION 7 — REFERRALS TO THE BOARD 108 Notice of right to request referral 109 Director may reconsider order 110 Person named may request referral 111 Deposit required 112 Receiver may request referral to board DIVISION 8 — SECURITY BONDS 113 Director may require bond DIVISION 9 — RECIPROCAL ENFORCEMENT 114 Designation of reciprocating jurisdictions PART 4 ADMINISTRATION DIVISION 1 — DIRECTOR AND OFFICERS 115 Appointment 116 Acting director 117 Director's authority to investigate 118 Settlement or compromise by director 119 When director may pay out money 120 Powers of officer 121 Officer not compellable DIVISION 2 — THE MANITOBA LABOUR BOARD 122 Member's powers, rules of procedure 123 Board power re application, order, inquiry 124 Procedure re applications 125 Procedure re referred orders 126-128 Repealed 129 Board to conduct inquiry DIVISION 3 — APPEAL 130 Appeal of order relating to wages 131 Board and director entitled to be heard 132 Costs PART 5 GENERAL DIVISION 1 — PROHIBITION AGAINST UNFAIR EMPLOYMENT PRACTICES 133 No termination or certain other actions DIVISION 2 — SINGLE EMPLOYER DECLARATION 134 Determination of single employer by order DIVISION 3 — EMPLOYMENT RECORDS 135 Employer to keep records DIVISION 4 — SERVICE OF DOCUMENTS 136 Service of documents DIVISION 5 — ADMISSIBILITY OF DOCUMENTS 137 Admissibility of certain documents DIVISION 6 — IMMUNITY 138 Immunity from action PART 6 OFFENCES AND PENALTIES ADMINISTRATIVE PENALTIES 138.1 Administrative penalty 138.2 Appeal to board OFFENCES 139 Offences 140 Penalties 141 Offences by directors of corporations 142 Time limit for prosecution 143 Director and board to be served notice PART 7 REGULATIONS 144 Regulations PART 8 TRANSITIONAL, CONSEQUENTIAL, REPEAL, C.C.S.M. REFERENCE, AND COMING INTO FORCE 145-154 Transitional provisions 155-162 Consequential amendments 163 Repeal 164 C.C.S.M. reference 165 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 DEFINITIONS, APPLICATION AND OPERATION OF THIS CODE Definitions 1(1) In this Code, "annual vacation" means a vacation to which an employee is entitled under section 34; (« congé annuel ») "bargaining agent" means a bargaining agent as defined in The Labour Relations Act ; (« agent négociateur ») "board" means the Manitoba Labour Board continued under The Labour Relations Act ; (« Commission ») "business" includes any kind of industry, calling, trade, profession, work, occupation, operation, activity, undertaking or service carried out by any person, whether or not for profit, and includes a part of a business, but does not include a business that is exempted by regulation; (« entreprise ») "client" means, in relation to a temporary help agency, a person who enters into an arrangement with the agency under which the agency agrees to assign or attempt to assign one or more of its temporary help employees to perform temporary work for the person; (« client ») "collective agreement" means a collective agreement as defined in The Labour Relations Act ; (« convention collective ») "construction" means construction as defined in The Construction Industry Wages Act ; (« construction ») "court" means the Court of King's Bench; (« tribunal ») "department" means the department of government over which the minister presides and through which this Code is administered; (« ministère ») "director" means the individual appointed as the Director of Employment Standards under subsection 115(1); (« directeur ») "employee" means an individual who is employed by an employer to do work, and includes a former employee but does not include a director of a corporation in relation to that corporation; (« employé ») "employer" means a person that employs an employee in any employment or business, and includes (a) a person that has control or direction of, or is directly or indirectly responsible for, the employment of an employee or the payment of wages to an employee, (b) a former employer, (c) a receiver of the business of an employer, and (d) two or more employers declared to be a single employer under section 134; (« employeur ») "employment" means the engagement of an employee by an employer for the performance of work by the employee under an agreement in which the employee agrees to perform work for the employer for consideration that consists of or includes wages paid to the employee by the employer; (« emploi ») "employment record" means the employment information referred to in subsection 135(1) and any other record needed to determine whether an employee is entitled to anything under this Code; (« relevé d'emploi ») "employment standards officer" means an individual employed as an employment standards officer in the department and designated as an inspector under The Labour Administration Act ; (« agent des normes d'emploi ») "general holiday" means a day that is a general holiday under Division 4 of Part 2; (« jour férié ») "hours of work" means the hours or parts of hours during which an employee performs work for an employer and includes hours during which an employee is required by the employer to be present and available to work; (« heures de travail ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Code; (« ministre ») "officer" means an employment standards officer, and includes the director; (« agent ») "overtime" means an employee's hours of work in excess of the employee's standard hours of work established under (a) The Construction Industry Wages Act , if that Act applies in determining the employee's standard hours of work, or (b) Division 2 of Part 2, if that Division applies in determining the employee's standard hours of work; (« heures supplémentaires ») "overtime wage" means the wage paid or payable for overtime; (« rémunération des heures supplémentaires ») "overtime wage rate" means the hourly rate for overtime determined in accordance with subsection 17(1); (« taux de rémunération des heures supplémentaires ») "pay period" means a regularly recurring period established by an employer in accordance with this Code for calculating and paying the wages payable to employees; (« période de paye ») "person" includes a corporation, union, firm, partnership, association, organization and public body; (« personne ») "prescribed" means prescribed by a regulation made under this Code; (Version anglaise seulement) "receiver" includes a receiver-manager; (« séquestre ») "record" includes a book, journal, tape, receipt, computer disc, computer print-out, document or other thing containing information or data of any kind; (« document ») "regular hours of work" means the hours of work, not exceeding standard hours of work, during which an employee is required by an employer to be present for or engaged in work; (« heures normales de travail ») "regular wage rate" of an employee means an hourly rate equal to (a) the employee's hourly rate for regular hours of work, if the employee's wage for regular hours of work in a pay period is the hourly rate multiplied by the regular hours of work worked by the employee in the pay period, (b) the employee's weekly or bi-weekly wage for regular hours of work, divided by the regular hours of work in the pay period, if the employee's wage for regular hours of work is a fixed amount per weekly or bi-weekly pay period, as the case may be, (c) the employee's semi-monthly wage for regular hours of work, multiplied by 24 and divided by the product of 52 times the employee's regular hours of work per week, if the employee's wage for regular hours of work is a fixed amount per semi-monthly pay period, (d) the employee's monthly wage for regular hours of work, multiplied by 12 and divided by the product of 52 times the employee's regular hours of work per week, if the employee's wage for regular hours of work is a fixed amount per monthly pay period, and (e) in any other case, the hourly rate determined under the regulations or by an employment standards officer; (« taux normal ») "standard hours of work" means the hours of work established under Division 2 (standard hours of work) of Part 2; (« durée normale du travail ») "temporary help agency" means an employer who employs one or more individuals for the purpose of assigning them to perform temporary work for clients of the employer; (« agence de placement temporaire ») "temporary help employee" means an employee employed by a temporary help agency for the purpose of being assigned to perform temporary work for a client of the agency; (« employé temporaire » ou « employé ») "union" means a union as defined in The Labour Relations Act ; (« syndicat ») "vacation allowance" means an allowance to which an employee is entitled under section 39 or 44; (« indemnité de congé annuel ») "wage" means, except where otherwise provided in this Code or prescribed by regulation, compensation for work performed that is paid or payable to an employee by his or her employer, and includes (a) salary, commission or compensation in any other form whether measured by time, piece or otherwise, and (b) a payment to which an employee is entitled under this Code, including a vacation allowance and any other benefit to which an employee is entitled under this Code; (« salaire ») "week" means seven consecutive days; (« semaine ») "work" means skilled or unskilled manual, clerical, domestic, professional or technical labour performed or services provided by an employee; (« travail ») "year of employment" means a period of 12 consecutive months. (« année d'emploi ») Meaning of "this Code" 1(2) In this Code, a reference to "this Code" includes a regulation made under this Code. 1(3) [Repealed] S.M. 2006, c. 26, s. 2 . S.M. 2001, c. 43, s. 41 ; S.M. 2006, c. 26, s. 2 ; S.M. 2012, c. 40, s. 56 ; S.M. 2014, c. 16, s. 12 ; S.M. 2017, c. 27, s. 2 . Application of this Code 2(1) Except as otherwise provided in this Code, this Code applies to all employers and employees, including the Crown, and an agency of the Crown, and its employees. Meaning of "agency of the Crown" 2(2) In subsection (1), "agency of the Crown" means a board, commission, association or other body of persons, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which, (a) are appointed by an Act of the Legislature or by order of the Lieutenant Governor in Council; or (b) in the discharge of their duties, are public officers or servants of the Crown or for the proper discharge of their duties are, directly or indirectly, responsible to the Crown. No application to independent contractor 2(3) For greater certainty, this Code does not apply to an independent contractor. Exemption — standard hours of work and overtime 2(4) Division 2 (standard hours of work) and Division 3 (overtime) of Part 2 do not apply to any of the following: (a) an employee who performs management functions primarily; (b) an employee who has substantial control over his or her hours of work and whose annual regular wage is at least two times the Manitoba industrial average wage, as defined by regulation. Application to agricultural workers 2(5) Except as otherwise provided in the regulations, this Code applies to persons employed in agriculture. S.M. 2006, c. 26, s. 3 . Civil remedies and greater wages not affected 3(1) Nothing in this Code affects (a) a civil remedy of an employee or an employer; or (b) an enactment, agreement, right at common law or custom that (i) provides to an employee wages that are equal to or greater than those provided under this Code, or (ii) imposes on an employer an obligation or duty that is greater than is imposed under this Code. Agreement providing for greater wages 3(2) If under an agreement an employee is to receive greater wages than are provided for under this Code, the employer must give the greater wages. Code prevails over lesser wages 3(3) This Code prevails over any enactment, agreement, right at common law or custom that (a) provides to an employee wages that are less than those provided under this Code; or (b) imposes on an employer an obligation or duty that is less than an obligation or duty imposed under this Code. Code prevails in case of conflict with other Act 3(4) Subject to clause (1)⁠(b) (greater wages), in case of a conflict between another Act and this Code, including a regulation made under this Code, this Code prevails. Agreement to work for lower standard is no defence 4(1) An agreement to work for less than the applicable minimum wage, or under any term or condition that is contrary to this Code or less beneficial to the employee than what is required by this Code, is not a defence in a proceeding or prosecution under this Code, even if the terms and conditions of the agreement, as a whole, are better for the employee than what is required by this Code. Terms or conditions of employment may be enforced 4(2) If an employer provides or agrees to a term or condition of employment that satisfies a requirement of this Code, that term or condition may be enforced under this Code even if it provides a greater benefit to the employee than the minimum required by this Code. S.M. 2006, c. 26, s. 4 . Continuity of employment 5 For the purpose of Divisions 2 to 5, 9 and 10 of Part 2 (minimum standards) of this Code, when the business of an employer or a part of the business is sold, leased, transferred, merged or otherwise disposed of whereby the control, direction or management of the business is given to another person, or the business continues to operate under a receiver, the employment of an employee is deemed to be continuous and uninterrupted. S.M. 2006, c. 26, s. 5 . Interpretation: employment relationship between temporary help agency and temporary help employee 5.1(1) If a temporary help agency and an individual agree that the agency will assign or attempt to assign the individual to perform temporary work for clients or potential clients of the agency, then under this Code, (a) the individual is a temporary help employee of the temporary help agency; and (b) the temporary help agency is the individual's employer. Employment relationship continues 5.1(2) A temporary help employee does not cease to be employed by a temporary help agency because he or she is assigned, or is not assigned, by the agency to perform temporary work for a client. S.M. 2014, c. 16, s. 13 . PART 2 MINIMUM STANDARDS DIVISION 1 MINIMUM WAGE Payment of minimum wage 6(1) An employer shall not pay an employee less than minimum wage for standard hours of work, unless this Code authorizes otherwise. Minimum wage 6(2) The minimum wage is (a) the minimum wage determined under section 7, plus the additional amount prescribed under section 7.1, if any; or (b) in the case of a prescribed class of employees referred to in subsection 7(5), the minimum wage prescribed for that class by regulation. One-time adjustment of minimum wage 6(3) Despite clause (2)⁠(a), the minimum wage is deemed to be $14.15 as of April 1, 2023. Application 6(4) For certainty, the minimum wage established under subsection (3) is subject to the ongoing adjustment under section 7. S.M. 2017, c. 27, s. 3 ; S.M. 2022, c. 31, s. 2 ; S.M. 2022, c. 51, s. 2 . Determination of minimum wage 7(1) On October 1 of every year starting in 2017, the minimum wage that applied to employees immediately before October 1 is to be adjusted in accordance with the following formula: adjusted wage = previous wage × (CPI 1/CPI 2) In this formula, "adjusted wage" is the new minimum wage; "previous wage" is the minimum wage without rounding that applied immediately before October 1 of the year; "CPI 1" is the Consumer Price Index for the previous calendar year; and "CPI 2" is the Consumer Price Index for the calendar year immediately preceding the calendar year mentioned in the description of "CPI 1". Rounding 7(2) A minimum wage determined under subsection (1) must be rounded up to the nearest $0.05 increment. But a minimum wage as rounded up must not be used as the previous wage for the purpose of determining the adjusted wage under that subsection. No decrease 7(3) If the adjustment otherwise required by this section would result in a decrease in the minimum wage, no adjustment shall be made. Publication of minimum wage 7(4) Before April 1 of every year beginning in 2018, the minister must publish on a government website the minimum wage that is to apply under this section starting on October 1 of that year. Exception re prescribed class of employees 7(5) This section does not apply to a prescribed class of employees for whom a minimum wage is prescribed by regulation under clause 144(1)⁠(d). Definition of CPI 7(6) In this section, "Consumer Price Index" means the Consumer Price Index for Manitoba (All-items) published by Statistics Canada under the Statistics Act (Canada). S.M. 2017, c. 27, s. 3 . Minimum wage — additional amount 7.1(1) The minister may recommend to the Lieutenant Governor in Council that a regulation be made to increase the minimum wage by the prescribed additional amount if the minister is satisfied that the change in the inflation rate in Manitoba exceeds 5% as determined in accordance with the following formula: inflation rate change = CPI A/CPI B In this formula, "CPI A" is the Consumer Price Index for the first quarter of the current calendar year; "CPI B" is the Consumer Price Index for the first quarter of the previous calendar year. Definition of "Consumer Price Index for the first quarter" 7.1(2) In this section, "Consumer Price Index for the first quarter" means the average of the monthly Consumer Price Index for Manitoba (All-items) for the first three months of a calendar year, as published by Statistics Canada under the Statistics Act (Canada). Regulation — additional amount 7.1(3) On recommendation of the minister under subsection (1), the Lieutenant Governor in Council may make a regulation increasing the minimum wage by a prescribed additional amount in accordance with this section. Regulation must be made in advance 7.1(4) The regulation must be made at least 30 days before the regulation comes into force. Effective date of regulation 7.1(5) The regulation may come into force only on the date set out in the regulation. That date must be in the period beginning on or after October 1 and ending on or before December 31 of the year in which the minister makes the recommendation. Consultation requirement applies 7.1(6) Subsection 144(4) (consultations re proposed regulation) applies to a proposed regulation under this section. Publication of total amount 7.1(7) An additional amount prescribed under this section is not required to be published under subsection 7(4), but the minister must publish the total amount of the minimum wage, as calculated under clause 6(2)⁠(a), on a government website as soon as practicable after a regulation under this section is made. S.M. 2022, c. 31, s. 3 . Cabinet order for no increase 8(1) Despite section 7, the Lieutenant Governor in Council may make a regulation before April 1 in any year determining that no adjustment is to be made to the minimum wage on October 1 of that year. Considerations for determining no increase 8(2) A regulation may be made under subsection (1) only if the minister recommends to the Lieutenant Governor in Council that (a) economic indicators, such as a recession or a forecasted recession of Manitoba's economy warrant that no adjustment be made; or (b) an adjustment is not warranted given the additional amount prescribed in the preceding calendar year under section 7.1. S.M. 2017, c. 27, s. 3 ; S.M. 2022, c. 31, s. 4 . DIVISION 2 STANDARD HOURS OF WORK Application of Division to construction industry 9 This Division does not apply to an employee whose standard hours of work are determined under The Construction Industry Wages Act. Standard hours of work 10 The standard hours of work for an employee are (a) 40 hours per week, or any greater number of hours per week prescribed by regulation or permitted by the director under section 13; and (b) eight hours per day, or any greater number of hours per day (i) provided for in a collective agreement that applies to the employee, or (ii) prescribed by regulation or permitted by the director under section 13, if no collective agreement applies to the employee. S.M. 2006, c. 26, s. 7 . 11 [Repealed] S.M. 2006, c. 26, s. 8 . Averaging by agreement without director's approval 11.1(1) An employer and an employee or a group of employees not covered by a collective agreement may enter into an agreement determining an employee's standard hours of work for a specified period if, under the agreement, (a) the employee's standard hours of work per day do not exceed 12 hours; (b) the employee's standard hours of work per week do not exceed 60 hours; and (c) the employee's standard hours of work for the specified period are as determined by the following formula: Standard hours = W × H In this formula, W is the number of weeks in the specified period; H is 40 or, if the average number of regular hours of work per week during the specified period as authorized by the agreement is less than 40, that lesser number. Effect of averaging 11.1(2) When an agreement under subsection (1) applies in determining an employee's standard hours of work for a specified period, section 10 does not apply to the employee. Requirements for agreement 11.1(3) An agreement under this section must be in writing and must (a) be made at least one week before the start date of the agreement; (b) specify the employee or group of employees to whom the agreement applies; (c) be signed by the employer and by the employee or, in the case of a group of employees, by at least 75% of the employees affected by the agreement; (d) specify the start date and end date of the agreement, which may be no more than three years in duration; (e) specify the period over which the hours will be worked, which may not exceed 12 weeks; (f) specify the work schedule which reflects the daily and weekly hours; and (g) be posted at the employer's premises where it can be seen by the affected employees. Employees bound by agreement 11.1(4) An agreement under this section applies to every employee in a group of employees to whom the agreement applies, whether or not the employee signed the agreement or was employed by the employer when the agreement was entered into. Agreement may be renegotiated 11.1(5) The employer and the employee or employees may renegotiate an agreement under this section at any time. Director may terminate 11.1(6) The director may, by written notice to the employer at any time, terminate an agreement under this section or prohibit the employer from entering into such an agreement if the director is satisfied (a) that the agreement adversely affects or will adversely affect the safety, health or welfare of the public or of the employees to whom the agreement applies; or (b) that there is a relevant history of non-compliance by the employer with this Code. When section does not apply 11.1(7) An agreement under this section may not apply to employees who regularly work less than 30 hours per week. S.M. 2018, c. 15, s. 2 . Averaging that requires director's approval 12(1) An employer may determine an employee's standard hours of work for a specified period in accordance with subsection (2) if (a) the employer is authorized to do so for that specified period (i) by a collective agreement, or (ii) in the absence of a collective agreement, by a permit issued by the director on application by the employer; and (b) the employee's weekly standard hours of work would otherwise be not more than 40 hours. Effect of averaging 12(2) If this subsection applies in determining an employee's standard hours of work for a specified period, (a) section 10 does not apply to the employee; and (b) the employee's standard hours of work for the specified period are as determined by the following formula: Standard hours = W × H In this formula, W is the number of weeks in the specified period; H is 40 or, if the average number of regular hours of work per week during the specified period as authorized by the collective agreement or the director's permit, as the case may be, is less than 40, that lesser number. S.M. 2006, c. 26, s. 9 ; S.M. 2018, c. 15, s. 3 . Director may authorize increased standard hours 13 Subject to the regulations, the director may, on application by an employer, issue a permit authorizing the employer to increase the standard hours of work as the director considers fair and reasonable. S.M. 2006, c. 26, s. 9 . Terms and conditions of permit 14(1) A permit under section 12 or 13 may be limited to one or more workplaces or classes of employees of the employer, and may include any terms or conditions the director considers appropriate. Term of permit 14(2) Unless it is revoked, the permit is valid for three years or any shorter period specified in the permit. Factors to be considered 14(3) Before issuing the permit, the director must consider the following: (a) [repealed] S.M. 2011, c. 13, s. 2 ; (b) whether 75% of the employees who would be affected by the permit favour its being issued; (c) any effect the permit could have on the safety, health or welfare of the public or the employees who would be affected by the permit; (d) any relevant history of compliance or non-compliance with this Code; (e) any other factors prescribed by regulation. Director may amend or revoke permit 14(4) The director may, by written notice to the employer, amend or revoke the permit at any time before it expires. Employer to post permit 14(5) While the permit remains in effect, the employer must keep it posted at the employer's premises where it can be seen by the affected employees. Employer to post work schedules 14(6) The employer must also post individual work schedules for employees two weeks before the work is performed, when the director requires it. Effect of change in posted hours 14(7) If (a) an employer who is required to post individual work schedules makes a change to an employee's schedule that the employee did not request; and (b) the change is made less than two weeks before the work is performed; any hours worked over eight per day not set out in the original schedule are overtime. S.M. 2006, c. 26, s. 9 ; S.M. 2011, c. 13, s. 2 . Individual flextime arrangements 14.1(1) At the request of an employee who is not covered by a collective agreement and who regularly works at least 35 hours per week, an employer may enter into a written agreement with the employee that exempts the employee from the standard hours of work set out in section 10. Agreement may provide alternative hours 14.1(2) An agreement must (a) establish alternative standard hours of work for the employee, which (i) must not exceed 40 hours per week, (ii) must not exceed 10 hours per day, and (iii) may specify a different number of hours per day for each day of the week that the employee works; and (b) clearly specify that the employee or the employer may terminate the agreement at any time by giving the other party at least two weeks' written notice. Terminating the agreement with less notice 14.1(3) An agreement may be terminated with less than two weeks' notice if both parties agree. Adjustments permitted 14.1(4) At the request of an employee who has entered into an agreement, the employer may make occasional adjustments to the employee's hours of work set out in the agreement, as long as they do not exceed 10 hours per day or 40 hours per week. The agreement is deemed to be amended to provide for such adjustments. Director may terminate or prohibit an agreement 14.1(5) The director may, by written notice to the employer, (a) terminate an agreement at any time; (b) prohibit the employer from entering into an agreement under this section. S.M. 2011, c. 13, s. 3 . 15 [Repealed] S.M. 2006, c. 26, s. 10 . DIVISION 3 OVERTIME 16 [Repealed] S.M. 2006, c. 26, s. 10 . Overtime to be paid at overtime wage rate 17(1) Subject to section 18 and the regulations, an employer must pay an employee a wage for overtime at an hourly rate that is not less than 150% of the employee's regular wage rate. Overtime does not include certain break time 17(2) Overtime does not include time that an employer provides an employee as a break if the employee is not required to stay on the business premises or be on duty during the break. S.M. 2006, c. 26, s. 11 . "Banked time" defined 18(1) In this section, "banked time" means time that an employer is to provide to an employee as time off with pay under this section in lieu of wages for overtime. Agreement for paid time off in lieu of overtime pay 18(2) If a collective agreement or a written agreement between an employer and employee so provides, the employer may credit the employee with banked time in lieu of wages for some or all of the employee's overtime. Rate of time off 18(3) The amount of banked time credited by the employer must not be less than 150% of the overtime for which the employee is to receive time off with pay in lieu of wages for overtime. When banked time off to be provided 18(4) The time off to be provided in respect of banked time must be provided during the employee's regular hours of work within (a) three months after the end of the pay period in which the overtime giving rise to the banked time occurred; or (b) any longer period prescribed by regulation or approved by the director. Regular wage rate applies to time off 18(5) For each hour or part of an hour of time off in respect of banked time, the employer must pay the regular wage rate that applies to the employee's regular hours of work during the pay period in which the time off occurs. Effect of time off 18(6) For the purpose of this Code, the hours of time off in respect of banked time are deemed to be regular hours of work. Wage payable for banked time not taken 18(7) The employer must pay the employee a wage in accordance with section 86 (wages to be paid within certain time), at the regular wage rate, for any banked time (a) that the employee has remaining when his or her employment terminates; or (b) for which the employee did not receive time off with pay by the end of the period within which it was to have been provided under subsection (4). S.M. 2006, c. 26, s. 12 . No implied right to require overtime 19(1) An employer's management rights do not include an implied right to require an employee to work overtime. Employer may require overtime in emergency 19(2) An employer may require an employee to work overtime in the following circumstances, but only for so long as they continue to exist: (a) where it is urgently required because of a present or imminent situation or condition that requires prompt action to avoid or limit (i) loss of life, (ii) harm to an individual's health or a threat to an individual's safety, or (iii) a serious interference with the ordinary operation of the employer's business; (b) where it is urgently required because of a present or imminent situation or condition that is interrupting or threatens to interrupt (i) the provision of an essential service by the government, an agency of the government, a municipality or a public utility, or (ii) the provision of municipal services or health services; (c) where it is urgently required by or under an Act of the Legislature in relation to an existing or threatened disaster or emergency. S.M. 2006, c. 26, s. 12 . 20 [Repealed] S.M. 2006, c. 26, s. 13 . DIVISION 4 GENERAL HOLIDAYS Definitions 21(1) The following definitions apply in this Division. "day off" , in relation to a general holiday, means (a) the day of the holiday, if the holiday falls on a day that would normally be a workday for the employee and the employee does not work that day; or (b) another day that the employee is given off under subsection 25(2) or 26(2). (« jour de congé ») "eligible employee" means an employee who is eligible under section 22 for holiday pay. (« employé admissible ») "general holiday" means any of the following days: (a) New Year's Day; (a.1) Louis Riel Day (the third Monday in February); (b) Good Friday; (c) Victoria Day; (d) July 1; (e) Labour Day; (e.1) Orange Shirt Day (National Day for Truth and Reconciliation); (f) Thanksgiving Day; (g) Christmas Day; (h) any other day designated by regulation as a general holiday. (« jour férié ») "holiday pay" means the wage payable by an employer to an eligible employee for a general holiday or for a day off in relation to a general holiday. (« indemnité de jour férié ») Day off in addition to annual vacation 21(2) A day off in relation to a general holiday is to be given in addition to an employee's annual vacation. S.M. 2006, c. 26, s. 14 ; S.M. 2007, c. 18, s. 1 ; S.M. 2019, c. 11, s. 9 ; S.M. 2023, c. 50, s. 1 . Eligibility for holiday pay 22(1) An employee is eligible for holiday pay in relation to a general holiday unless (a) the employee is absent on his or her first scheduled workday before or after the holiday without the employer's consent; or (b) the holiday falls on a day that would normally be a workday for the employee, and the employee (i) is required or scheduled to work on the holiday, and (ii) is absent on that day without the employer's consent. Employer's consent to employee's absence 22(2) For the purpose of subsection (1), an employer is deemed to have consented to the absence of an employee if the employee is absent (a) on a leave to which he or she is entitled or which he or she has been given by the employer; or (b) because he or she is ill. S.M. 2006, c. 26, s. 14 . Amount of holiday pay 23(1) An eligible employee's holiday pay in relation to a general holiday must not be less than the employee's wage for regular hours of work on a normal workday in the pay period (a) in which the employee receives a day off in relation to the holiday; or (b) in which the holiday occurs, if the employee does not receive a day off. Employee with varying wages 23(2) Despite subsection (1), an eligible employee's holiday pay in relation to a general holiday is 5% of the employee's total wages, excluding overtime wages, for the four-week period immediately preceding the holiday, if the employee's wage for regular hours of work on a normal workday cannot be determined because (a) the number of hours worked in a normal workday varies from day to day; or (b) the employee's wage for regular hours of work varies from pay period to pay period. S.M. 2006, c. 26, s. 14 . Determining overtime for pay period that includes day off 24 For the purpose of determining an eligible employee's overtime under Division 3 for a pay period in which the employee was given a day off in respect of a general holiday, the employee is deemed to have worked the regular hours of work that he or she would normally have worked on that day off. S.M. 2006, c. 26, s. 14 . Employee works on general holiday 25(1) Subject to subsection (2), an employee who works on a general holiday is entitled to be paid (a) for the hours worked, at the overtime wage rate; and (b) holiday pay for that day. Exception — employment in certain businesses 25(2) If the employee works in a continuously operating business, climate-controlled agricultural business, seasonal business, place of amusement, gasoline service station, hospital, hotel or restaurant, or in domestic service, the employer may, instead of complying with subsection (1), (a) pay the employee for the hours worked on the general holiday as if it were not a general holiday; and (b) give the employee a day off, with holiday pay, on another day that would normally have been a workday for the employee, (i) within 30 days after the general holiday, with at least two days' notice of the day to be taken off, or (ii) if the employee agrees, within any longer period but before the employee's next annual vacation. Definitions 25(3) The following definitions apply in subsection (2). "continuously operating business" means a business that in a week usually operates day and night without interruption until completion of the regular operation of the business. (« entreprise à production ininterrompue ») "seasonal business" means a business that in each year suspends operations for one or more periods of at least three weeks each owing to a fluctuation in market demand that is characteristic of the business or related to the ripening of a crop. (« entreprise saisonnière ») S.M. 2006, c. 26, s. 14 ; S.M. 2011, c. 13, s. 4 . Holiday pay for day off 26(1) An eligible employee is entitled to holiday pay for a day off in relation to a general holiday. Day off for general holiday not falling on workday 26(2) If the general holiday falls on a day that would not normally be a workday for the employee, (a) subject to clause (b), the employer must give the employee a day off, with holiday pay, on a day that would normally be a workday for the employee, (i) before the employee's next annual vacation, or (ii) at any later time agreed to by the employee; and (b) if the general holiday falls on a Saturday or Sunday, the employer must give the employee a day off, with holiday pay, on the employee's first workday after the holiday. S.M. 2006, c. 26, s. 14 . Employment terminated before day off 27 If an eligible employee's employment is terminated before the day off to be given under subsection 25(2) or 26(2) is taken, the employer must pay the holiday pay, along with any other wages payable on termination, in accordance with section 86 (wages to be paid within certain time). S.M. 2006, c. 26, s. 14 . Substitution of other day for general holiday 28(1) An employer may substitute another day for a general holiday if the substitution is made (a) in accordance with a collective agreement; or (b) with the agreement of the bargaining agent for the employees or, where the employees do not have a bargaining agent, with the written agreement of a majority of the employees; and the substituted day is within 12 months of the general holiday. Substituted day is deemed general holiday 28(2) A day substituted for a general holiday under subsection (1) is deemed to be a general holiday for the purpose of this Code. Onus 28(3) The onus is on the employer to establish that the substitution of a day for a general holiday is done in accordance with subsection (1). Exception 28(4) This section does not apply to Orange Shirt Day (National Day for Truth and Reconciliation). S.M. 2006, c. 26, s. 14 ; S.M. 2023, c. 50, s. 1 . Former employee's entitlement 29(1) If an employee's employment is terminated, other than by the employee, less than four weeks before a general holiday, (a) the employee is entitled to holiday pay for that holiday equal to 5% of his or her total wages, excluding overtime wages, for the four-week period immediately preceding the holiday; and (b) the holiday pay is payable in accordance with section 86 (wages to be paid within certain time). Portion of wage in lieu of notice 29(2) For the purpose of clause (1)⁠(a), the employee's total wages for the four-week period includes the portion of the wage in lieu of notice payable under clause 61(1)⁠(b), if any, that would have been payable as a wage if the employee had remained employed and worked his or her regular hours of work throughout the applicable notice period. S.M. 2006, c. 26, s. 14 . Construction employees 30 If an employee is employed in construction, (a) the employer must pay the employee the overtime wage rate for any hours worked on a general holiday; (b) before the end of each year or on termination of the employment, whichever occurs first, the employer must pay the employee, as holiday pay for all general holidays in the year, an amount equal to 4% of the employee's wages for the year, other than overtime wages, whether or not the employee works on any of the holidays; and (c) subsection 21(2) and sections 22 to 29 do not apply to the employee. S.M. 2006, c. 26, s. 14 . 31 to 33 [Repealed] S.M. 2006, c. 26, s. 14 . DIVISION 5 ANNUAL VACATIONS AND VACATION ALLOWANCES Employee entitlement to annual vacation 34(1) An employee is entitled to an annual vacation of at least (a) two weeks after each of the first four years of employment; and (b) three weeks after five consecutive years of employment and each year of employment after that. Annual vacation does not include general holiday 34(2) The annual vacation referred to in subsection (1) does not include a general holiday that falls on a day during the employee's vacation and that the employee is entitled to. When annual vacation to be given 35 An employer shall give an employee an annual vacation not later than 10 months after the employee becomes entitled to it.

Setting dates for annual vacation 36 If an employer and an employee are unable to agree on when the employee will take the annual vacation, the employer shall give the employee at least 15 days' notice of the date on which the vacation is to begin, and the employee must take the vacation at that time. Period of vacation not to be less than a week 37 An employer shall not require an employee who is entitled to an annual vacation to take less than a week at a time. Vacation may be required during annual shut-down 38 Despite section 37, where the business of an employer customarily shuts down for an extended period in each year, the employer may require the employees to take their annual vacations during that period. Meaning of "wages" 39(1) In clause (2)⁠(a), "wages" does not include (a) overtime wages; (b) a wage in lieu of notice payable under clause 61(1)⁠(b); or (c) any vacation allowance. Amount of vacation allowance 39(2) An employer shall pay to an employee who is entitled to an annual vacation, for each week of the vacation, a vacation allowance consisting of (a) 2% of the wages that the employee earned in the year of employment in respect of which the employee is entitled to the annual vacation; and (b) if the employer provides board and lodging, or pays an allowance in lieu of board and lodging, as part of the usual remuneration of the employee, an amount equal to 2% of the cash value of the board and lodging or allowance that the employee received in the year of employment in respect of his or her regular hours of work. Time of payment of vacation allowance 39(3) Unless the employee otherwise agrees, the employer shall pay the vacation allowance to the employee not later than the last working day before the employee's annual vacation begins. Determining the cash value of board and lodging 39(4) For the purpose of clause (2)⁠(b), the cash value of board and lodging is the amount deducted from the wages of the employee by the employer for the board and lodging or, where no deduction is made, (a) the amount agreed upon by the employer and the employee; or (b) where no amount is agreed upon, the amount calculated in accordance with the regulations. S.M. 2006, c. 26, s. 15 . Certain payments do not affect vacation entitlement 40 The payment of a bonus or other pecuniary benefit by an employer to an employee does not affect the employee's entitlement to an annual vacation or vacation allowance. Effect of previous year or vacation taken in advance 41 An employee's entitlement to an annual vacation and vacation allowance is not affected by his or her having received in a previous year an annual vacation or vacation allowance that was greater than the employee's entitlement, but this section does not apply in respect of an annual vacation or vacation allowance, or any part of a vacation or allowance, that an employee receives in advance of being entitled to it. Employer may use common anniversary date 42(1) Despite sections 34 (annual vacation) and 39 (vacation allowance), an employer may establish a common anniversary date for all employees or a group of employees for the purpose of calculating their annual vacations and vacation allowances. Director may prohibit common anniversary date 42(2) Despite subsection (1), the director may, on application by a bargaining agent for employees or, where the employees do not have a bargaining agent, an employee affected by a common anniversary date established under subsection (1), by order (a) revoke the establishment of the date and prohibit the employer from establishing such a date for such time as may be specified in the order; or (b) set terms and conditions for the use of the date, including setting a time period for its use and limiting its application to certain employees. Employer to give proportion of entitlements 42(3) Where an employee is subject to a common anniversary date and has not on that date completed a year of employment, the employer shall give the employee an annual vacation and vacation allowance in the proportion that his or her time of employment in the year is to the entitlements under sections 34 and 39. Effect of notice of termination 43 Where an employer or employee gives notice of termination of the employee's employment, (a) no part of the employee's annual vacation may be used to calculate the required notice period unless, in the case of an employee giving notice, the employer otherwise agrees; and (b) the payment of a vacation allowance to the employee does not affect any other amount payable to the employee in respect of the termination. Meaning of "wages" 44(1) In subsection (2), "wages" does not include (a) overtime wages; (b) a wage in lieu of notice payable under clause 61(1)⁠(b); or (c) any vacation allowance. Payment of vacation allowance on termination 44(2) If an employee's employment terminates before he or she is entitled to an annual vacation, the employer shall pay the employee a vacation allowance equal to (a) if the employee has not completed five consecutive years of employment with the employer, 4% of the wages earned since the date the employee became employed by the employer or the date the employee last became entitled to an annual vacation, whichever is later; and (b) if the employee has completed five consecutive years of employment with the employer, an additional 2% of the wages earned from the date the employee last became entitled to an annual vacation to the date of termination. S.M. 2006, c. 26, s. 16 . DIVISION 6 WEEKLY DAY OF REST Employer to provide day of rest 45 Subject to sections 46 and 47, an employer shall ensure that each employee has one rest period of not less than 24 consecutive hours in each week. Employer may apply for exemption of business 46 An employer may apply to the director in writing to have the business exempted from the application of section 45, and the director may by order exempt the business, for such period as the director may specify in the order, if the director is satisfied that the application of section 45 to the business (a) is an undue hardship to the employer; (b) is of little or no benefit to the employees owing to the remote location of the business; (c) in the case of a business that operates only part of the year, unduly restricts the operation of the business; or (d) causes severe loss to the business owing to the circumstances in which it operates. S.M. 2006, c. 26, s. 17 . Employer and bargaining agent may apply for exemption 47 An employer and the bargaining agent for the employees of the employer's business may apply jointly to the director in writing to have the business exempted from the application of section 45, and the director may by order exempt the business for such period as the director may specify in the order. S.M. 2006, c. 26, s. 17 . Employee entitled to day off without pay 48 Subject to any order made by the director under section 46 or 47, an employee who, pursuant to an order made under those sections, works on a day that he or she would otherwise be entitled to as a day of rest under section 45 is entitled in place of the day worked to a day off without pay on a day specified by the employer. S.M. 2006, c. 26, s. 17 . Director may set conditions and vary order 49 The director may include terms and conditions in an order made under section 46 or 47 and may vary or revoke the order. S.M. 2006, c. 26, s. 18 . DIVISION 7 WORK BREAKS Employer to provide break 50(1) Subject to this section, an employer shall not require an employee to work for more than five consecutive hours without a break. Length of break 50(2) The length of break provided by an employer must not be less than is prescribed unless (a) a shorter period is provided for in a collective agreement; or (b) the director, on application by the employer, by order approves a shorter period. Director may set conditions and vary order 50(3) The director may include terms and conditions in an order made under clause (2)⁠(b) and may vary or revoke the order. S.M. 2006, c. 26, s. 19 . DIVISION 8 WAGES FOR REPORTING FOR WORK Wage for reporting for work 51(1) An employee who (a) reports for work (i) at the employer's request, or (ii) when scheduled to work for a period of three hours or more; and (b) is not required to work or is required to work for less than three hours; is entitled to be paid (c) the wage payable for the hours worked, if any; or (d) the regular wage rate for three hours of work; whichever is more. Reporting for less than 3 hours 51(2) An employee who reports for a scheduled period of less than three hours is entitled to be paid (a) the wage payable for the hours worked, if any; or (b) the regular wage rate for the scheduled hours of work; whichever is more. Employee working longer than scheduled period 51(3) If an employee normally works at least three hours when reporting for a scheduled period of less than three hours, the scheduled period is deemed for the purpose of this section to be a period of three hours or more. S.M. 2006, c. 26, s. 21 . DIVISION 9 LEAVES OF ABSENCE MATERNITY LEAVE Definitions 52 In this Division, "date of delivery" means the date when the pregnancy of an employee terminates with the birth of a child; (« date d'accouchement ») "medical certificate" means the signed statement of a duly qualified medical practitioner. (« certificat médical ») Eligibility for maternity leave 53 A pregnant employee who has been employed by the same employer for at least seven consecutive months is eligible for unpaid maternity leave. S.M. 2000, c. 49, s. 2 ; S.M. 2016, c. 2, s. 3 . Length of maternity leave 54(1) Subject to subsection (3), an employee who is eligible for maternity leave is entitled to the following maternity leave: (a) if the date of delivery is on or before the date estimated in a medical certificate, a period of not more than 17 weeks; or (b) if the date of delivery is after the estimated date, 17 weeks and a period of time equal to the time between the estimated date and the date of delivery. Beginning and end of maternity leave 54(2) A maternity leave must begin not earlier than 17 weeks before the date of delivery estimated in the medical certificate and end not later than 17 weeks after the date of delivery. Employee to provide certificate and give notice 54(3) An employee who is eligible for maternity leave shall (a) as soon as practicable, provide the employer with a medical certificate giving the estimated date of delivery; and (b) give the employer not less than four weeks' written notice of the date she will start her maternity leave. Maternity leave if notice given after stopping work 55(1) An employee who is eligible for maternity leave but does not give notice under clause 54(3)⁠(b) before leaving the employment is still entitled to maternity leave if, within two weeks after stopping work, she gives notice and provides her employer with a medical certificate (a) giving the date of delivery or estimated date of delivery; and (b) stating any period or periods of time within the 17 weeks before the date of delivery or estimated date of delivery that the normal duties of the employment could not be performed because of a medical condition arising from the pregnancy. Length of maternity leave 55(2) The maternity leave to which the employee is entitled under subsection (1) is (a) any time, within the time referred to in clause (1)⁠(b), that she does not work; and (b) the difference between that time and the time she would receive if she were entitled under subsection 54(1). Maternity leave where notice not given 56 An employee who is eligible for maternity leave but who does not give notice under clause 54(3)⁠(b) or subsection 55(1) is still entitled to maternity leave for a period not exceeding the time she would receive if she were entitled under subsection 54(1). End of maternity leave where notice not given 57 The maternity leave of an employee referred to in subsection 55(1) or section 56 terminates not later than 17 weeks after the date of delivery. End of maternity leave 57.1(1) An employee's maternity leave ends (a) 17 weeks after it began; or (b) if clause 54(1)⁠(b) applies, 17 weeks after it began plus the additional time provided for in that clause. Ending leave early 57.1(2) An employee may end her maternity leave earlier than the day set out in subsection (1) by giving her employer written notice at least two weeks or one pay period, whichever is longer, before the day she wishes to end the leave. S.M. 2000, c. 49, s. 3 . PARENTAL LEAVE Employee entitled to parental leave 58(1) An employee who adopts or becomes a parent of a child is entitled to unpaid parental leave to a maximum of 63 continuous weeks if (a) the employee has been employed by the employer for at least seven consecutive months; (b) the employee gives written notice to the employer at least four weeks before the day specified in the notice as the day on which the employee intends to begin the leave; and (c) in the case of an adoption, the adoption occurs or is recognized under Manitoba law. Effect of late notice on parental leave 58(2) An employee who gives less notice than is required under clause (1)⁠(b) is entitled to the 63 weeks of parental leave less the number of days by which the notice given is less than four weeks. Commencement of parental leave 58(3) A parental leave must commence not later than 18 months after the date on which the child is born or adopted or comes into the care and custody of the employee. S.M. 2000, c. 49, s. 4 ; S.M. 2006, c. 26, s. 23 ; S.M. 2016, c. 2, s. 4 ; S.M. 2018, c. 15, s. 4 . Maternity and parental leaves must be continuous 59 An employee who takes maternity leave and parental leave shall take them in one continuous period, unless the employee and the employer otherwise agree or a collective agreement otherwise provides. End of parental leave 59.1(1) An employee's parental leave ends (a) 63 weeks after it began; or (b) if subsection 58(2) applies, 63 weeks after it began less the number of days provided for in that subsection. Transitional 59.1(1.1) Despite subsection (1), if the child for whom the employee takes parental leave was born or adopted or came into the employee's care and custody before the day this section came into force, the employee's parental leave ends (a) 37 weeks after it began; or (b) if subsection 58(2) applies, 37 weeks after it began less the number of days provided for in that subsection. Ending leave early 59.1(2) An employee may end his or her parental leave earlier than the day set out in subsection (1) by giving the employer written notice at least two weeks or one pay period, whichever is longer, before the day the employee wishes to end the leave. S.M. 2000, c. 49, s. 5 ; S.M. 2018, c. 15, s. 5 . COMPASSIONATE CARE LEAVE Definitions 59.2(1) The following definitions apply in this section. "common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence. (« conjoint de fait ») "family member" , in relation to an employee, means (a) a spouse or common-law partner of the employee; (b) a child of the employee or a child of the employee's spouse or common-law partner; (c) a parent of the employee or a spouse or common-law partner of the parent; and (d) any other person who is a member of a class of persons prescribed in the regulations for the purpose of this definition. (« membre de la famille ») "physician" means a physician who provides care to a family member and who is entitled to practise medicine under the laws of the jurisdiction in which the care is provided. (« médecin ») Registered common-law relationship 59.2(1.1) For the purpose of the definition "common-law partner" in subsection (1), while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence. Entitlement to leave 59.2(2) Subject to subsections (3) to (8), an employee who has been employed by the same employer for at least 90 days is entitled to unpaid compassionate care leave of up to 28 weeks to provide care or support to a seriously ill family member. Physician's certificate 59.2(3) For an employee to be eligible for leave, a physician must issue a certificate stating that: (a) a family member of the employee has a serious medical condition with a significant risk of death within 26 weeks from (i) the day the certificate is issued, or (ii) if the leave was begun before the certificate was issued, the day the leave began; and (b) the family member requires the care or support of one or more family members. No additional certificate required 59.2(3.1) For certainty, a leave under this section may be taken after the end of the 26-week period set out in the physician's certificate, and no additional certificate is required. Employee to give notice to employer 59.2(4) An employee who wishes to take a leave under this section must give the employer notice of at least one pay period, unless circumstances necessitate a shorter period. Employee to provide physician's certificate 59.2(5) The employee must give the employer a copy of the physician's certificate as soon as possible. When leave may be taken 59.2(6) An employee may take no more than two periods of leave totalling no more than 28 weeks, which must end no later than 52 weeks after the day the first period of leave began. Minimum period of leave 59.2(7) No period of leave may be less than one week's duration. Ending leave early 59.2(8) Unless the employee and employer agree otherwise, an employee may end a leave earlier than the expiry of 28 weeks by giving the employer at least 48 hours' notice of his or her expected date of return. S.M. 2003, c. 7, s. 3 ; S.M. 2006, c. 26, s. 24 ; S.M. 2016, c. 2, s. 5 . FAMILY LEAVE Unpaid leave for family responsibilities 59.3(1) An employee who has been employed for at least 30 days may take up to three days of unpaid leave each year, but only to the extent that the leave is necessary (a) for the health of the employee; or (b) for the employee to meet his or her family responsibilities in relation to a family member as defined in subsection 59.2(1). Notice to employer 59.3(2) An employee wishing to take a leave under subsection (1) must give the employer as much notice as is reasonable and practicable in the circumstances. The employer may require the employee to provide reasonable verification of the necessity of the leave. Leave for part day 59.3(3) If an employee takes any part of a day as leave under this section, the employer may count that day as a day of leave for the purpose of this section. S.M. 2006, c. 26, s. 25 . BEREAVEMENT LEAVE Unpaid leave for death of family member 59.4(1) An employee who has been employed for at least 30 days may take up to five days of unpaid leave on the death of a family member as defined in subsection 59.2(1). Unpaid leave for loss of pregnancy 59.4(1.1) An employee who has been employed for at least 30 days may take up to five days of unpaid leave if (a) the employee experiences a loss of pregnancy; or (b) another person experiences a loss of pregnancy and the employee (i) is the person's spouse or common-law partner as defined in subsection 59.2(1) or their former spouse or common-law partner, (ii) is the current spouse or common-law partner of the former spouse or common-law partner referred to in subclause (i), (iii) had undertaken to be the guardian of the child born as a result of the pregnancy, or (iv) is the spouse or common-law partner of a person who had undertaken to be the guardian of the child born as a result of the pregnancy. Notice to employer 59.4(2) Before taking a leave under this section, the employee must give the employer notice of the amount and timing of the leave to be taken and of the death to which it relates. If requested by the employer, the employee must also provide evidence of his or her entitlement to the leave. Leave for part day 59.4(3) If an employee takes any part of a day as leave under this section, the employer may count that day as a day of leave for the purpose of this section. S.M. 2006, c. 26, s. 25 ; S.M. 2023, c. 41, s. 2 . UNPAID LEAVE FOR RESERVISTS Definitions 59.5(1) The following definitions apply in this section. "Reserves" means the component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force. (« Réserve ») "service" means (a) active duty; (b) military skills training; or (c) treatment, recovery or rehabilitation in respect of a physical or mental health problem that results from active duty or military skills training. (« service ») Unpaid leave for reservist 59.5(2) An employee who (a) is a member of the Reserves; (b) has been employed by the same employer in civilian employment for at least three consecutive months; and (c) is required to be absent from work for the purpose of service; is entitled, subject to the regulations, to an unpaid period of leave for the purpose of that service. Length of leave 59.5(3) Subject to the regulations, the period of leave for the purpose of service is the period necessary to accommodate the period of service. Notice of leave for service 59.5(4) An employee wishing to take a leave under this section must give the employer, in writing, as much notice as is reasonable and practicable in the circumstances. The employer may require the employee to provide reasonable verification of the necessity of the leave, including a certificate from an official with the Reserves stating (a) that the employee is a member of the Reserves and is required for service; and (b) if possible, the expected start and end dates for the period of service. Return to work after notice 59.5(5) An employee on a leave under this section must give the employer written notice of the expected date of return to work. The employer may defer the employee's return to work by up to two weeks or one pay period, whichever is longer, after receiving the notice. S.M. 2007, c. 2, s. 2 ; S.M. 2020, c. 27, s. 2 . UNPAID LEAVE FOR ORGAN DONATION Interpretation 59.6(1) For the purpose of this section, an employee donates an organ when he or she undergoes a surgical procedure that involves the removal of an organ or tissue from the employee for the purpose of it being transplanted into another individual. Unpaid leave for donating an organ 59.6(2) An employee who has been employed by the same employer for at least 30 days is entitled to unpaid leave of up to 13 weeks for the purpose of donating an organ. Notice and medical certificate to be given to employer 59.6(3) An employee who wishes to take a leave under this section must give the employer (a) in writing, as much notice as is reasonable and practicable in the circumstances; and (b) a medical certificate stating the start date and end date of the period necessary for the employee to donate the organ and recover from the procedure. Length of leave 59.6(4) The employee is entitled to take leave for the period set out in the medical certificate. Extending leave 59.6(5) The employee is entitled to extend his or her leave if, in respect of the period certified under clause (3)⁠(b) coming to an end, the employee gives the employer a medical certificate stating that the employee requires an additional specified period to recover from donating an organ. Extensions not to total more than 13 weeks 59.6(6) A leave may be extended more than once, but the total extension period must not exceed 13 weeks. Notice to employer — minimum period 59.6(7) An employee who wishes to extend a leave must give the employer written notice at least one pay period before extending the leave, if reasonable and practicable in the circumstances. When extended leave ends 59.6(8) An extended leave ends on the day specified in the most recent medical certificate given to the employer. Ending leave early 59.6(9) The employee may end the leave earlier than provided in subsections (4) or (8) by giving the employer written notice at least one pay period before the day he or she wishes to end the leave. S.M. 2010, c. 38, s. 2 . LEAVE FOR CITIZENSHIP CEREMONY Unpaid leave for citizenship ceremony 59.7(1) An employee who has been employed for at least 30 days may take up to four hours of unpaid leave to attend a citizenship ceremony to receive a certificate of citizenship, as provided for under the Citizenship Act (Canada) and regulations made under that Act. Notice to employer 59.7(2) Before taking a leave under this section, the employee must give the employer at least 14 days' notice or, if it is not possible for the employee to give 14 days' notice, as much notice as is reasonable and practicable in the circumstances. If requested by the employer, the employee must provide evidence of his or her entitlement to the leave. S.M. 2010, c. 51, s. 2 . LEAVE RELATED TO CRITICAL ILLNESS Definitions 59.8(1) The following definitions apply in this section. "critically ill adult" has the same meaning as in the regulations made under the Employment Insurance Act (Canada). (« adulte gravement malade ») "critically ill child" has the same meaning as in the regulations made under the Employment Insurance Act (Canada). (« enfant gravement malade ») "family member" has the same meaning as in section 59.2. (« membre de la famille ») "physician" means a physician who provides care to a child or adult and who is entitled to practise medicine under the laws of the jurisdiction in which the care is provided. (« médecin ») Entitlement to leave re child 59.8(2) An employee who has been employed by the same employer for at least 30 days is entitled to an unpaid leave of absence from employment of up to 37 weeks to provide care or support to a critically ill child who is a family member of the employee. Entitlement to leave re adult 59.8(3) An employee who has been employed by the same employer for at least 90 days is entitled to an unpaid leave of absence from employment of up to 17 weeks to provide care or support to a critically ill adult who is a family member of the employee. Physician's certificate 59.8(4) For an employee to be eligible for leave, a physician must issue a certificate (a) stating that the child or adult is a critically ill child or a critically ill adult and requires the care or support of the employee; and (b) setting out the period during which the child or adult requires that care or support. Employee to give notice to employer 59.8(5) An employee who wishes to take a leave under this section must give the employer notice of at least one pay period, unless circumstances necessitate a shorter period. Employee to provide physician's certificate 59.8(6) The employee must give the employer a copy of the physician's certificate as soon as possible. Ending leave early 59.8(7) Unless the employee and employer agree otherwise, an employee may end a leave earlier than the expiry of 37 weeks in the case of a critically ill child, and 17 weeks in the case of a critically ill adult, by giving the employer written notice at least one pay period before the employee wishes to end the leave. Leave taken in one or more periods 59.8(8) A leave may be taken in one or more periods, but no period may be less than one week's duration. When leave must end 59.8(9) A leave must end no later than 52 weeks after the day the first period of leave began. Additional leaves 59.8(10) If a child or adult in respect of whom an employee has taken a leave under this section remains critically ill after the 52-week period described in subsection (9) expires, the employee is entitled to take another leave and the requirements of this section apply to the new leave. S.M. 2012, c. 45, s. 2 ; S.M. 2016, c. 2, s. 6 ; S.M. 2018, c. 15, s. 7 . LEAVE RELATED TO DEATH OR DISAPPEARANCE OF CHILD Definitions 59.9(1) The following definitions apply in this section. "child" means a person who is under 18 years of age. (« enfant ») "common-law partner" has the same meaning as in section 59.2. (« conjoint de fait ») "crime" means an offence under the Criminal Code (Canada). (« crime ») "parent" means (a) a parent of a child; (b) the spouse or common-law partner of a parent of a child; (c) a person with whom a child has been placed for the purposes of adoption; (d) the guardian or a foster parent of a child; or (e) a person who has the care, custody or control of a child, and is considered to be like a close relative, whether or not they are related by blood or adoption. (« parent ») Entitlement to leave — death of child 59.9(2) An employee who has been employed by the same employer for at least 30 days is entitled to an unpaid leave of absence from employment of up to 104 weeks if the employee is the parent of a child who has died and it is probable, considering the circumstances, that the child died as a result of a crime. Entitlement to leave — disappearance of child 59.9(3) An employee who has been employed by the same employer for at least 30 days is entitled to an unpaid leave of absence from employment of up to 52 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime. Exception 59.9(4) An employee is not entitled to a leave of absence under this section if he or she is charged with the crime. Employee to give notice to employer 59.9(5) An employee who wishes to take a leave under this section must give the employer notice of at least one pay period, unless circumstances necessitate a shorter period. Verification 59.9(6) The employee must provide the employer with reasonable verification of the necessity of the leave as soon as possible. Ending leave early 59.9(7) Unless the employee and employer agree otherwise, an employee may end a leave earlier than the expiry of the leave period by giving the employer written notice at least one pay period before he or she wishes to end the leave. S.M. 2012, c. 45, s. 3 ; S.M. 2016, c. 2, s. 6 . LONG-TERM LEAVE FOR SERIOUS INJURY OR ILLNESS Entitlement to leave 59.10(1) An employee who is seriously injured or ill is entitled to an unpaid leave of absence of up to 27 weeks in any 52-week period, if the employee has been employed by the same employer for at least 90 days. Physician's certificate 59.10(2) For an employee to be eligible for leave, a physician must issue a certificate providing evidence reasonable in the circumstances that the employee is expected to be incapable of working for a period of at least two weeks because of a serious injury or illness. Employee to give notice to employer 59.10(3) An employee who wishes to take a leave under this section must give the employer as much notice as is reasonable and practicable in the circumstances. Employee to provide physician's certificate 59.10(4) The employee must give the employer a copy of the physician's certificate as soon as possible. Leave must be continuous 59.10(5) An employee who takes a leave under this section must take the leave in one continuous period, unless the employee and the employer otherwise agree or a collective agreement otherwise provides. Ending leave early 59.10(6) Unless the employee and the employer agree otherwise, an employee may end a leave earlier than the expiry of 27 weeks by giving the employer written notice at least 2 weeks before the day the employee wishes to end the leave. Physician's certificate re employee's fitness to return 59.10(7) Before the employee returns to work, the employer may require the employee to provide a certificate issued by a physician stating that the employee is fit to return to work. Meaning of "physician" 59.10(8) In this section, "physician" means a physician who provides care to the seriously injured or ill employee and who is entitled to practise medicine under the laws of the jurisdiction in which the care is provided. S.M. 2016, c. 2, s. 7 ; S.M. 2024, c. 32, s. 2 . INTERPERSONAL VIOLENCE LEAVE Definitions 59.11(1) The following definitions apply in this section. "common-law partner" has the same meaning as in section 59.2. (« conjoint de fait ») "dependant" means (a) a child of the employee; (b) a child of the employee's spouse or common-law partner; (c) any person under 18 years of age who is under the care and control of the employee; (d) any person who is 18 years of age or older, and who, because of illness, disability or any other reason, is under the day-to-day care and control of the employee; and (e) any other prescribed person. (« personne à charge ») "interpersonal violence" means (a) domestic violence within the meaning of subsection 2(1.1) of The Domestic Violence and Stalking Act that is caused by an act or omission of a person described in subsection 2(1) of that Act; (b) stalking within the meaning of subsection 2(2) of The Domestic Violence and Stalking Act , including the conduct referred to in subsection 2(3) of that Act; and (c) any sexual act or act targeting a person's sexuality, gender identity or gender expression — whether the act is physical or psychological in nature — that is committed, threatened or attempted against a person without the person's consent, and includes sexual assault, sexual harassment, indecent exposure, voyeurism and sexual exploitation. (« violence interpersonnelle ») Entitlement to leave 59.11(2) An employee is entitled to interpersonal violence leave if (a) the employee or a dependant is a victim of interpersonal violence; and (b) the employee has been employed by the same employer for at least 90 days. Length of leave 59.11(2.1) An employee is entitled to both the following periods of interpersonal violence leave in each 52-week period: (a) leave of up to 10 days, which the employee may choose to take intermittently or in one continuous period; (b) leave of up to 17 weeks to be taken in one continuous period. Purposes for which leave may be taken 59.11(3) An employee may take an interpersonal violence leave for only one or more of the following purposes, as those purposes relate to the employee or to a dependant: (a) to seek medical attention in respect of a physical or psychological injury or disability; (b) to obtain services from a victim services organization; (c) to obtain psychological or other professional counselling; (d) to relocate temporarily or permanently; (e) to seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the interpersonal violence; (f) any other prescribed purpose. Child exposed to interpersonal violence 59.11(3.1) For the purpose of this section, a child is also considered to be a victim of interpersonal violence if they are directly or indirectly exposed to interpersonal violence experienced by (a) a parent as defined in subsection 59.9(1); (b) a parent or child of a person referred to in clause (a); (c) a spouse or common-law partner of the child; (d) a child of the child; or (e) any other person who lives with the child as a member of their family. Unpaid leave 59.11(4) Subject to subsection (5), leave taken under this section is unpaid leave. Paid leave 59.11(5) Up to 5 days of leave taken under this section in a 52-week period is paid leave, provided that when giving notice under subsection (9) the employee notifies the employer which days, if any, are to be paid leave. Amount of pay 59.11(6) The amount an employer must pay an employee for a paid day of leave under subsection (5) must not be less than (a) the wage the employee would have been paid had the employee worked his or her regular hours of work on the day of leave; or (b) 5% of the employee's total wages, excluding overtime, for the four-week period immediately preceding the day of leave if (i) the number of hours worked by the employee in a normal workday varies from day to day, or (ii) the employee's wage for regular hours of work varies from day to day. Employer's option re paid leave 59.11(7) Unless a collective agreement otherwise provides and despite subsection 60(4.2), an employer who provides paid sick leave benefits or other paid leave benefits that are greater than the minimum required by this Code may require that an employee use those benefits for paid days of leave under subsection (5). Leave for part day 59.11(8) If an employee takes any part of a day as leave under this section, the employer may count that day as a day of leave for the purpose of this section. Employee to give notice to employer 59.11(9) An employee who wishes to take a leave under this section must give the employer as much notice as is reasonable and practicable in the circumstances. Ending leave early 59.11(10) Unless the employee and employer agree otherwise, an employee may end a leave under clause (2.1)⁠(b) earlier than the expiry of 17 weeks by giving the employer written notice at least 2 weeks before the day he or she wishes to end the leave. Employee must provide verification for paid leave 59.11(11) An employee who takes a paid leave under this section must provide the employer with reasonable verification of the necessity of the leave that meets the requirements, if any, specified by regulation. Employer may require verification for unpaid leave 59.11(12) An employer may require an employee who takes an unpaid leave under this section to provide the employer with reasonable verification of the necessity of the leave that meets the requirements, if any, specified by regulation. S.M. 2016, c. 2, s. 7 ; S.M. 2019, c. 26, s. 3 ; S.M. 2021, c. 5, s. 8 . PUBLIC HEALTH EMERGENCY LEAVE — COVID-19 Definitions 59.12(1) The following definitions apply in this section. "health officer" means (a) the chief public health officer, a health officer or a medical officer within the meaning of The Public Health Act ; or (b) a public health official of the Government of Canada. (« agent hygiéniste ») "health professional" means a person who is entitled to practise as a physician, registered nurse or nurse practitioner under the laws of the jurisdiction in which care or treatment is provided to an employee or an employee's family member. (« professionnel de la santé ») Entitlement to leave 59.12(2) An employee is entitled to unpaid public health emergency leave if, in relation to the pandemic in Manitoba caused by the communicable disease known as COVID-19, they are unable to perform their work because (a) the employee is under medical investigation, supervision or treatment; (b) the employee, as a result of information or directions issued or provided by a health officer, health professional, Health Links – Info Santé, the Government of Manitoba or the Government of Canada, (i) is required to quarantine or isolate themselves, within the meaning of The Public Health Act , or (ii) is subject to self-isolation or any other measure that results in their inability to work; (b.1) the employee is, in the opinion of a health officer or health professional, or according to information or directions issued or provided by the Government of Manitoba or the Government of Canada, more susceptible to COVID-19 because the employee (i) has an underlying medical condition, (ii) is undergoing medical treatment, or (iii) has contracted another illness; (b.2) the employee is absent from work as a result of the side effects from being vaccinated against COVID-19; (c) the employer, due to the employer's concern about the employee's exposure to others, has directed the employee not to work; (d) the employee is providing care or support to a family member, as defined in section 59.2, including care or support needed to be provided as a result of the closure of a school or premises where child care is provided; (e) the employee is directly affected by travel restrictions and cannot reasonably be expected to travel to their workplace; (f) the employee is subject to an order made under The Public Health Act ; (g) the employee is acting in accordance with an order made under The Emergency Measures Act ; or (h) any other circumstances prescribed by regulation. Conditions on certain circumstances 59.12(2.1) A leave under clause (2)⁠(b.1) or (d) is subject to any condition prescribed by regulation. Length of leave 59.12(3) An employee is entitled to leave whenever a circumstance set out in clauses (2)⁠(a) to (h) applies to the employee. The leave ends when none of those circumstances apply to the employee. Verification 59.12(4) An employee taking a leave under this section may be required to provide the employer with reasonable verification of the necessity of the leave as soon as practicable. S.M. 2020, c. 7, s. 2 ; S.M. 2020, c. 18, s. 3 ; S.M. 2021, c. 10, s. 2 . COVID-19 vaccination leave 59.13(1) An employee is entitled to paid leave for the purpose of being vaccinated against the communicable disease known as COVID-19. Length of leave 59.13(2) Paid leave under this section is for the amount of time the employee is required to be absent from work, up to a maximum of three hours for each time the employee is vaccinated. Wage rate that applies 59.13(3) For each hour or part of an hour of paid leave that an employee is entitled to receive under this section, the employer must pay the employee (a) the regular wage rate that applies to the employee's regular hours of work during the pay period in which the leave occurs; or (b) if the employee's wage for regular hours of work varies from pay period to pay period, the employee's average hourly wage as determined by the following formula: average hourly wage = A/B In this formula, A is the employee's total wages, excluding overtime wages, for the four-week period immediately before the leave began; B is the total number of regular hours of work worked by the employee during the four-week period immediately before the leave began. Employee to give notice to employer 59.13(4) An employee who wishes to take a leave under this section must give the employer as much notice as is reasonable and practicable in the circumstances. Verification 59.13(5) If requested by the employer, the employee must, as soon as practicable, provide evidence of the employee's entitlement to the leave. S.M. 2021, c. 10, s. 3 . GENERAL No termination or lay-off 60(1) No employer shall lay off or terminate the employment of an employee entitled to take a leave under this Division because the employee is pregnant or intends to take a leave or takes a leave allowed by this Division. Reinstatement 60(2) At the end of an employee's leave under this Division, the employer shall reinstate the employee to the position the employee occupied when the leave began or to a comparable position, with not less than the wages and any other benefits earned by the employee immediately before the leave began. Exception 60(3) Subsections (1) and (2) do not apply if the employer lays off the employee, terminates his or her employment or fails to reinstate for reasons unrelated to the leave. Requests for physician's certificate and medical certificate 60(3.1) On or after March 1, 2020, for a leave under (a) section 54 or 55 (maternity leave); (b) section 59.2 (compassionate care leave); (c) section 59.6 (unpaid leave for organ donation); (d) section 59.8 (leave related to critical illness); (e) section 59.10 (long-term leave for serious injury or illness); (f) section 59.12 (public health emergency leave); or (g) section 59.13 (COVID-19 vaccination leave); an employer may require an employee to provide a physician's certificate or a medical certificate only if permitted to do so by regulation. Employment deemed continuous 60(4) For the purpose of pension and other benefits, the employment of an employee with the same employer before and after a leave under this Division is deemed to be continuous. Vacation deferred because of leave 60(4.1) An employee on a leave under this Division may defer taking vacation. Section 36 applies to the deferred vacation. Vacation and leave entitlements not reduced 60(4.2) An employee's leave under this Division does not reduce his or her vacation entitlement, and an employee's vacation entitlement does not reduce his or her entitlement to a leave under this Division. Right to file complaint 60(5) An employee who claims (a) that he or she has been laid off or that his or her employment has been terminated contrary to subsection (1); (b) that he or she has not been reinstated as required by subsection (2); or (c) that he or she has not been paid for a paid day of leave in accordance with subsection 59.11(6); may file a complaint with an officer under section 92. Complaint to be filed within six months 60(6) A complaint must be filed within six months after the date of the lay-off, termination or paid day of leave, or within six months after the date the employee should have been reinstated. Confidentiality of information 60(7) An employer must (a) maintain confidentiality in respect of all matters that come to the employer's knowledge in relation to a leave taken by an employee under this Division; and (b) not disclose information relating to the leave to any person except (i) to employees or agents who require the information to carry out their duties, (ii) as required by law, or (iii) with the consent of the employee to whom the leave relates. Restriction on further disclosure 60(8) A person to whom information is disclosed under clause (7)⁠(b) must not disclose it to any other person unless it is to be used for the purpose for which it was originally disclosed or for a different purpose authorized by clause (7)⁠(b). S.M. 2000, c. 49, s. 6 ; S.M. 2003, c. 7, s. 4 ; S.M. 2006, c. 26, s. 26 ; S.M. 2016, c. 2, s. 8 ; S.M. 2020, c. 7, s. 3 ; S.M. 2020, c. 18, s. 4 ; S.M. 2021, c. 10, s. 4 ; S.M. 2022, c. 24, s. 11 . DIVISION 10 TERMINATION OF EMPLOYMENT Period of employment 60.1 For the purpose of this Division, a period of employment is to be determined in accordance with the regulations and the following rules: 1. Consecutive periods of employment, including periods of employment that began before this section came into force, are to be treated as a continuous period of employment. 2. Subject to the regulations, a person's period of employment includes the period of a temporary interruption in employment, including a temporary interruption that began before this section came into force, (a) immediately before and after which the person was employed by the same employer; (b) during which the person was not working for the employer, whether or not the person remained an employee during the period; and (c) during which the person (i) was entitled to return to work for the employer, (ii) could be required to return to work for the employer, or (iii) had a reasonable expectation of returning to work for the employer. S.M. 2006, c. 26, s. 27 . SUBDIVISION 1 TERMINATION OF THE EMPLOYMENT OF AN INDIVIDUAL Termination by employer — notice or wage in lieu of notice 61(1) Subject to section 62, an employer who terminates an employee's employment must (a) give the employee notice of the termination (i) in accordance with subsection 67(1) (notice period for group termination), if that subsection applies, or (ii) in any other case, in accordance with the applicable notice period in subsection (2); or (b) pay the employee a wage in lieu of notice, in accordance with sections 77 (amount of wage in lieu of notice) and 86 (wages to be paid within certain time).

Notice period — termination by employer 61(2) For the purpose of subclause (1)⁠(a)⁠(ii), the notice period for terminating the employment of an employee is the applicable notice period set out in the following table for the employee's period of employment with the employer. Period of employment Notice period less than one year 1 week at least one year and less than three years 2 weeks at least three years and less than five years 4 weeks at least five years and less than 10 years 6 weeks at least 10 years 8 weeks Exceptions to notice requirements 62(1) Section 61 does not apply in any of the following circumstances: (a) the employee's period of employment with the employer is less than (i) the probationary period specified in a collective agreement that applies to the employee, if that period is one year or less, or (ii) in any other case, 30 days; (b) the employment is for a fixed term and terminates at the end of the term; (c) the employee is employed for a specific task and for a period not exceeding 12 months, on completion of which the employment terminates; (d) the employee is employed in construction; (e) the employee is employed under an arrangement by which the employee may choose to work or not to work for a temporary period when requested to work by the employer; (f) the employee is employed under an agreement or contract of employment that is impossible to perform or has been frustrated by a fortuitous or unforeseeable circumstance; (g) the employee is on strike or has been locked out and the termination meets the requirements prescribed by regulation; (h) when the employment of the employee is terminated for just cause; (i) the employee has given the employer written notice of his or her intent to retire or quit on a specific date, and the employment is terminated on that date; (j) the employer's business or the part of the business in which the employee is employed is sold or transferred, and the employee is immediately re-employed in the same business on terms and conditions that, as a whole, are equivalent to or better for the employee than those that applied to the employee before the sale or transfer; (k) any other circumstances prescribed by regulation. Application: temporary help employees 62(1.1) Subject to the regulations, a temporary help employee is not subject to the exception described in clause (1)⁠(e). Termination by receiver-manager 62(2) If a receiver-manager, upon taking control of an employer's business, terminates the employment of an employee of the employer, the employer is deemed for the purpose of this Division (a) to have terminated the employment; and (b) to have given any termination notice that was given by the receiver-manager. S.M. 2006, c. 26, s. 28 ; S.M. 2011, c. 13, s. 5 ; S.M. 2014, c. 16, s. 14 . Termination by employee 62.1(1) Subject to subsection (2), an employee who terminates his or her employment must give the employer notice of the termination at least (a) one week before the termination, if the employee's period of employment is less than one year; or (b) two weeks before the termination, if the employee's period of employment is one year or more. Termination without notice by employee 62.1(2) Subsection (1) does not apply in the following circumstances: (a) any of the circumstances described in clauses 62(1)⁠(a) to (g); (b) the employer acts in a manner that is improper or violent toward the employee; (c) any other circumstances prescribed by regulation. S.M. 2006, c. 26, s. 28 . 63 to 65 [Repealed] S.M. 2006, c. 26, s. 29 . SUBDIVISION 2 TERMINATION OF THE EMPLOYMENT OF A GROUP OF EMPLOYEES Meaning of "affected employees" 66 In this Subdivision, "affected employees" means employees whose employment is terminated or is to be terminated and in respect of whom notice is required to be given under subsection 67(1). Notice of intent to terminate employment of 50 or more employees 67(1) If an employer terminates or intends to terminate the employment of 50 or more employees who are entitled under section 62 to notice of the termination or a wage in lieu of notice, and the terminations will occur within a four-week period, the employer must give the minister at least the following amount of written notice before the date on which the first termination is to take effect: (a) 10 weeks, if there are no more than 100 affected employees; (b) 14 weeks, if there are more than 100 and fewer than 300 affected employees; (c) 18 weeks, if there are at least 300 affected employees. 67(2) [Repealed] S.M. 2006, c. 26, s. 30 . Employer to give copy of notice to certain persons 67(3) An employer giving notice under subsection (1) shall immediately (a) give a copy of the notice to the bargaining agent for the affected employees; and (b) if any of the affected employees do not have a bargaining agent, give a copy of the notice to each of them or post the notice in conspicuous places at the workplace. Content of notice 67(4) A notice under subsection (1) must include the following: (a) the effective dates of the terminations; (b) the reasons for the terminations; (c) for the purpose of subsection 71(1) (joint planning committee), the nomination of at least two individuals to represent the employer on a joint planning committee; (d) the estimated number of affected employees in each occupational classification; (e) any other prescribed information. S.M. 2006, c. 26, s. 30 . Individual notice required under Subdivision 1 68(1) A notice given or posted by an employer under subsection 67(3) constitutes notice to an employee for the purpose of Subdivision 1 only if the employee is identified in the notice and the length of notice meets the requirements of that Subdivision. 68(2) [Repealed] S.M. 2006, c. 26, s. 31 . S.M. 2006, c. 26, s. 31 . Minister may exempt employees 69 The minister may, on application, by order waive the application of subsection 67(1) (notice to the minister) to affected employees or a class of affected employees, subject to any terms or conditions specified in the order, where the minister is satisfied that the application is (a) unduly prejudicial to the interests of the employees or a class of employees; (b) unduly prejudicial to the interests of the employer; or (c) seriously detrimental to the operation of the business of the employer. Employer and agent to co-operate with minister 70 An employer that gives notice to the minister under subsection 67(1) and a bargaining agent that is given a copy of the notice under clause 67(3)⁠(a) shall co-operate with the minister in any action or program initiated by the minister to eliminate the necessity for terminating the employment of the affected employees, and to facilitate the reinstatement of employees whose employment is terminated. JOINT PLANNING COMMITTEE Minister may appoint joint planning committee 71(1) The minister may, in respect of a notice given by an employer under subsection 67(1), establish a joint planning committee and appoint the members of the committee, as follows: (a) not less than two individuals nominated by the employer under clause 67(4)⁠(c) to represent the employer; (b) subject to subsection (2), a number equal to the number appointed under clause (a), to represent the affected employees; (c) any other individuals the minister considers suitable to serve on the committee and who do not represent the employer or the affected employees. Appointment of employees' representatives 71(2) The minister shall appoint the individuals referred to in clause (1)⁠(b) (a) if the affected employees are represented by a bargaining agent, from among individuals nominated by the bargaining agent; or (b) if the affected employees are not represented by a bargaining agent, from among individuals nominated by the employees. Employees to elect individuals for nomination 71(3) For the purpose of clause (2)⁠(b), the affected employees shall elect individuals for nomination, and the employer shall assist the employees to arrange the election. Joint planning committee to have co-chairs 71(4) A joint planning committee shall have two chairpersons, one elected by the members appointed under clause (1)⁠(a) and one elected by the members appointed under clause (1)⁠(b). Minister may provide terms of reference 72(1) The minister may provide the joint planning committee with a statement of matters to be considered by the committee and a date by which the committee is to report to the minister on the matters. Procedure 72(2) A joint planning committee may determine its own procedure. First meeting 72(3) The members of a joint planning committee shall meet within seven days after the committee is constituted. Employer to give employee time off for committee 73 The employer of an affected employee who is a member of a joint planning committee (a) shall give the employee any time required during the employee's working hours to attend committee meetings and to carry out the functions of a committee member; and (b) shall pay the employee for those hours as if they were regular hours of work for the employee. Objectives of joint planning committee 74 The objectives of a joint planning committee are to develop on a co-operative basis an adjustment program to eliminate the need to terminate the employment of the affected employees, to minimize the impact of termination on employees whose employment is terminated and to help the terminated employees obtain other employment. Employer and employees to assist joint committee 75 When a joint planning committee is established, the employer, the affected employees and any bargaining agent representing the employees shall cooperate with the committee and assist it to attain its objectives, and shall provide the committee with such information as the committee reasonably requires. SUBDIVISION 3 WORKING CONDITIONS AFTER NOTICE, PAYMENT IN LIEU OF NOTICE, LAY-OFFS AND COMPLAINTS Employer not to change conditions after notice 76 After an employer or employee gives the other notice of termination of employment, the employer must not change the employee's working conditions or wage rates except (a) in accordance with a collective agreement; or (b) in the case of a termination to which section 67 applies, with the written consent of the bargaining agent for the employee or, if the employee does not have a bargaining agent, with the written consent of the employee. S.M. 2006, c. 26, s. 32 . Wage in lieu of notice 77(1) The wage in lieu of notice payable under clause 61(1)⁠(b) must not be less than the wage the employee would have earned during (a) the applicable notice period under subsection 61(2) or 67(1); or (b) if a termination notice was given for less than the applicable notice period, the portion of the notice period for which notice was not given; if the employee had worked his or her regular hours of work for the period. Payment required despite other employment, etc. 77(2) The requirement to pay a wage in lieu of notice under clause 61(1)⁠(b) applies whether or not the employee has obtained other employment during the notice period. S.M. 2006, c. 26, s. 33 ; S.M. 2011, c. 13, s. 6 . Termination by employer after employee gives notice 77.1(1) If an employee gives an employer a termination notice and the employer wishes to terminate the employment before it would otherwise be terminated by the employee, (a) the employer must comply with section 61; and (b) in applying sections 61 and 77, the applicable notice period is (i) the applicable notice period under subsection 61(2) or 67(1), or (ii) the period beginning when the employer gives notice of the termination and ending when the employment would otherwise be terminated by the employee, whichever is shorter. Termination by employee after employer gives notice 77.1(2) If an employer gives an employee a termination notice and the employee wishes to terminate the employment before it would otherwise be terminated by the employer, section 62.1 applies to the employee. S.M. 2006, c. 26, s. 33 . 78 and 79 [Repealed] S.M. 2006, c. 26, s. 34 . DIVISION 11 HOME WORK Meaning of "home work" 80(1) In this section, "home work" means work that an employee performs at his or her home, but does not include the sale of goods or services. Employer to maintain records 80(2) An employer that engages individuals to do home work shall keep and maintain, and make available to an officer on request, at the principal place of business of the employer in the province a record of the name and address of each employee, a description of the type and amount of work done by the employee, the amount of wages paid by the employer, the rate of wages for the work, any amount deducted from wages earned by the employee, and any other prescribed information. Director may impose conditions respecting wages 80(3) The director may impose conditions and limitations on an employer in respect of the wages of an individual employed to perform home work when the director considers it necessary or advisable to do so to ensure compliance with the provisions of this Code. DIVISION 12 RETAIL EMPLOYEES' RIGHT TO REFUSE TO WORK ON SUNDAY Retail employees may refuse to work on Sunday 81(1) Subject to the regulations, an employee in a retail business establishment may refuse to work on a Sunday if the employee gives the employer (a) at least 14 days' notice before the Sunday; or (b) as much notice as is reasonable and practicable in the circumstances if the employee is scheduled to work less than 14 days before the Sunday. No changes to employment 81(2) An employer must not lay off or terminate the employment of an employee, or change the employee's working conditions or wage rate, because the employee, after giving the required notice, refuses or attempts to refuse to work on a Sunday. Exception 81(3) Subsection (2) does not apply if the employer lays off or terminates the employment of an employee, or changes the employee's working conditions or wage rate, for reasons unrelated to the employee refusing or attempting to refuse to work on a Sunday. Right to file complaint 81(4) An employee who claims that they have been laid off or terminated or that their working conditions or wage rate has been changed contrary to subsection (2) may file a complaint with an officer under section 92. Complaint to be filed within six months 81(5) A complaint must be filed within six months after the date of the alleged contravention. Meaning of "retail business establishment" 81(6) In this section, "retail business establishment" has the same meaning as in The Remembrance Day Act . S.M. 2012, c. 37, s. 5 ; S.M. 2020, c. 22, s. 1 . DIVISION 13 EQUAL WAGES Discrimination in wage scales prohibited 82(1) No employer shall discriminate between male employees and female employees by paying one sex on a different scale of wages than applies to the other sex if the kind or quality of work and the amount of work required of, and done by, the employees is the same or substantially the same. Complaint respecting equal wages 82(2) Where an employer fails to pay wages to an employee in accordance with this section, the employee may, within six months after the failure to pay, file a complaint under section 92. DIVISION 14 EMPLOYMENT OF YOUNG PERSONS Definitions 83 The following definitions apply in this Division. "parent" of a child includes a guardian of the child or other person who has care, custody or control of the child. (« parent ») "young person" means a person 13 years of age or older but less than 18 years old. (« jeune ») S.M. 2006, c. 26, s. 35 ; S.M. 2018, c. 15, s. 8 . CHILDREN UNDER 13 No employment of child under 13 84(1) No person shall employ a child under the age of 13 years. Parent's obligation 84(2) No parent shall allow a child under the age of 13 years to be employed. S.M. 2006, c. 26, s. 35 ; S.M. 2018, c. 15, s. 8 . YOUNG PERSONS UNDER 16 Work readiness certificate 84.1 No person shall employ a young person under the age of 16 years unless the young person provides the employer with a work readiness certificate that (a) certifies that the young person has completed a work readiness course approved by the director; and (b) includes a signed consent of the young person's parent to the employment. S.M. 2018, c. 15, s. 8 . Restricted hours of employment 84.2 No person shall employ a young person under the age of 16 years (a) between 11:00 p.m. and 6:00 a.m.; or (b) for more than 20 hours during a week of school. S.M. 2018, c. 15, s. 8 . YOUNG PERSONS UNDER 18 No working alone at night 84.3(1) Subject to the regulations, no employer shall require or allow a young person under the age of 18 years to work alone between 11:00 p.m. and 6:00 a.m. No working in prescribed industry or occupation 84.3(2) Subject to the regulations, no employer shall require or allow a young person under the age of 18 years to work in a prescribed industry or occupation. S.M. 2018, c. 15, s. 8 . DIVISION 15 85 [Repealed] S.M. 2013, c. 32, s. 2 . PART 3 PAYMENT OF WAGES DIVISION 1 TIME AND METHOD OF PAYMENT OF WAGES Wages to be paid within certain time 86(1) Subject to subsection (2), an employer shall pay an employee the wages earned by the employee at least semi-monthly and (a) within 10 working days after the expiration of each pay period; and (b) when the employee's employment is terminated, within 10 working days after the termination. Exceptions 86(2) Subsection (1) does not apply to an employer who pays wages in accordance with (a) an established custom or practice that has been followed by the employer since 1976; or (b) a permit issued by the director, upon application by the employer, that specifies when the wages are to be paid. Director may vary or revoke permit 86(3) The director may vary or revoke a permit issued under clause (2)⁠(b). S.M. 2006, c. 26, s. 36 . Complaint respecting payment of wages 87 Where an employer fails to pay wages to an employee in accordance with section 86, the employee may, within six months after the time provided for the payment of the wages under that section, file a complaint under section 92. How wages are to be paid 88 An employer shall pay wages (a) in Canadian currency; (b) by cheque or bill of exchange drawn upon a bank, credit union, trust company or other company insured under the Canada Deposit Insurance Corporation Act ; or (c) by deposit in the employee's account in an institution referred to in clause (b). S.M. 2002, c. 47, s. 30 . Employer to pay certain wages to director 89(1) An employer that is unable to locate an employee shall pay to the director any wages payable to the employee, and the payment discharges the liability of the employer to the extent of the payment. Director to pay money to employee or hold in trust 89(2) The director shall pay to an employee any money received on the employee's behalf under subsection (1), but if the employee cannot be located within one month after the money is received, the director shall, subject to subsection (3), hold the money in trust and pay it to the employee on request. Director may transfer money to Consolidated Fund 89(3) If the director receives wages from an employer on behalf of an employee and the employee cannot be located within six years, the director may transfer the money to the Consolidated Fund, but if after the transfer the employee claims the money, the Minister of Finance shall, on the written requisition of the minister, pay it to the employee from the Consolidated Fund. DIVISION 2 DIRECTORS OF CORPORATIONS Corporate director's liability for unpaid wages 90(1) Despite any other Act but subject to the regulations, a person who is or was a director of a corporation is jointly and severally liable with the corporation to an employee or former employee of the corporation for the following unpaid wages of the employee: (a) wages, other than vacation allowance, that were earned or became due and payable within the last six months in which the person was a director; (b) vacation allowance that accrued or became due and payable within the last 22 months in which the person was a director. Exceptions 90(2) For the purpose of clause (1)⁠(a), "wages" does not include (a) a wage in lieu of notice that becomes payable under clause 61(1)⁠(b); or (b) wages earned by an employee while the corporation's business is under the control of a receiver-manager. Manager liable after board resigns or is removed 90(3) A person who manages or supervises the management of a corporation's business and affairs and is deemed by section 114.1 of The Corporations Act to be a director of the corporation for the purpose of that Act is liable under subsection (1) as if the person were a director of the corporation. S.M. 2006, c. 26, s. 37 . Officer may order corporate director or former director to pay wages 91(1) An officer making an order under subsection 96(1) may, where the employer is a corporation, order a director or former director of the corporation who is liable under section 90 to pay all or some of the unpaid wages, whether or not the corporation is ordered to pay the wages. Provisions on recovery of wages apply to corporate director or former director 91(2) The provisions of this Code respecting the recovery of wages from an employer apply with necessary modifications to the recovery of wages from a director or former director of a corporation. Corporate director or former director may recover from corporation 91(3) If a director or former director of a corporation pays wages under an order, nothing in this Code affects any right the director or former director has to bring an action against the corporation for contribution or indemnification for the wages paid. S.M. 2006, c. 26, s. 38 . DIVISION 3 COMPLAINTS, INVESTIGATIONS AND DETERMINATIONS Filing of complaint with officer 92(1) Subject to subsection (2), a complaint under any of the following provisions may be filed with an officer in a form acceptable to the director: (a) [repealed] S.M. 2006, c. 26, s. 39 ; (a.1) subsection 60(5) (leave of absence); (b) [repealed] S.M. 2006, c. 26, s. 39 ; (b.1) subsection 81(4) (refusal to work on a Sunday); (c) subsection 82(2) (equal wages); (d) section 87 (payment of wages). No complaint by employee covered by collective agreement 92(2) An employee who is covered by a collective agreement may not file a complaint under this Code. S.M. 2003, c. 7, s. 5 ; S.M. 2006, c. 26, s. 39 ; S.M. 2018, c. 15, s. 9 ; S.M. 2020, c. 22, s. 1 . When complaint may be refused 93 The director may refuse to accept or investigate, or to continue to investigate, a complaint if (a) the employee is proceeding with other action in respect of the subject matter of the complaint or has obtained recourse before a court, tribunal or arbitrator or by some other form of adjudication; (b) the director is satisfied that the employer and employee have settled the complaint; or (c) the director is satisfied that the complaint is frivolous or vexatious. S.M. 2018, c. 15, s. 10 . Officer may file caveat, notice, financing statement 94(1) An officer may, at any time after receiving a complaint from an employee under section 92, file or register any or all of the following documents in the name of the director on behalf of the employee or the director in respect of wages alleged in the complaint to be unpaid or, if the officer has made an order under section 96, in respect of wages, administrative costs and interest: (a) in a land titles office, (i) in the case of land subject to The Real Property Act , a caveat, or (ii) in the case of land subject to The Registry Act , a notice, claiming an interest in any land affected by the caveat or notice; (b) with the minister appointed by the Lieutenant Governor in Council to administer section 11 of The Crown Lands Act , a notice claiming an interest in Crown lands, as defined in that Act; (c) in The Personal Property Registry, a financing statement in the form and manner prescribed under The Personal Property Security Act claiming an interest in collateral. Employee's interest is lien on employer's property 94(2) The interest of the employee or the director in respect of a document filed or registered under any of clauses (1)⁠(a) to (c) is a lien and charge on the property and assets of the employer for the amount of any unpaid wages, administrative costs and interest. Limit on registration of caveat or notice in L.T.O. 94(3) Despite clause (1)⁠(a), a caveat or notice may not be registered in a land titles office after an order is filed in the court under section 103 in respect of the same matter, and any such registration is void. Perfection on registration under P.P.S. Act 94(4) Upon registration of a financing statement under clause (1)⁠(c), the lien and charge arising under subsection (2) (a) is deemed to be a security interest under The Personal Property Security Act on the personal property of the employer; and (b) is deemed to have been perfected on the day the wages were due or accruing due. Effect of registration under P.P.S. Act 94(5) Upon registration of a financing statement under clause (1)⁠(c), the director is deemed to be a secured party under The Personal Property Security Act , and the employer is deemed to be a debtor under that Act. Remedies to enforce lien and charge are cumulative 94(6) The remedies respecting the enforcement of a lien and charge given under this Code and The Personal Property Security Act may be exercised cumulatively. S.M. 2000, c. 35, s. 37 ; S.M. 2012, c. 40, s. 56 ; S.M. 2023, c. 10, s. 16 . Dismissal of complaint by order 95 An officer who investigates a complaint and determines that no contravention of this Code has occurred shall dismiss the complaint by order. Order for payment of wages 96(1) An officer who investigates a complaint and determines that wages are due and payable to an employee may issue an order requiring the employer to pay to the director (a) subject to subsection (2), the wages that are due to the employee; and (b) administrative costs, in the amount of $100. or 10% of the amount ordered under clause (a), whichever is greater, but not exceeding $1,000. Maximum wages recoverable by order 96(2) The wages that may be ordered to be paid under clause (1)⁠(a) are limited to (a) unpaid wages, other than those included in clause (b), that became due and payable (i) within the last six months before the complaint was filed, or (ii) if the employment was terminated before the complaint was filed, within the last six months of that employment or after it was terminated; and (b) unpaid vacation allowance that became due and payable within, and any unpaid wages in respect of general holidays that occurred within, (i) the last 22 months before the complaint was filed, or (ii) if the employment was terminated before the complaint was filed, the last 22 months of that employment. S.M. 2006, c. 26, s. 40 . Compensation or reinstatement order 96.1(1) If an officer investigating a complaint determines that an employer has contravened subsection 59.11(6) or section 60 or 81, the officer may by order require the employer to pay compensation to the director for any loss the employee incurred as a result of the contravention, or reinstate the employee, or do both. Administrative costs 96.1(2) An order under subsection (1) must also require the employer to pay administrative costs of $100., or 10% of any compensation ordered, whichever is more, to a maximum of $1,000. Compensation deemed to be wages 96.1(3) For all purposes under this Code, (a) a complaint that results or might result in an order of compensation or reinstatement under this section is deemed to be a complaint relating to unpaid wages; and (b) compensation ordered to be paid under this section is deemed to be wages due and payable to the employee, and an order to pay compensation is deemed to be an order for the payment of wages made under subsection 96(1). No maximum amount 96.1(4) Subsection 96(2) (maximum amount recoverable by employee) does not apply to a compensation order made under this section. S.M. 2003, c. 7, s. 6 ; S.M. 2016, c. 2, s. 9 ; S.M. 2020, c. 22, s. 1 . Certain orders to provide for interest 97(1) An order made under subsection 96(1) or 117(3) for the payment of wages must provide for the payment of interest on the amount payable, in accordance with the regulations. Interest on money received by director 97(2) Subject to the regulations, money held in trust by the director pursuant to section 119, other than a security bond provided under section 113, is payable to the person entitled with interest calculated in accordance with the regulations. DIVISION 4 RECEIVERS Receiver in position of employer re lien or charge 98(1) For the purpose of this Part, a receiver of the assets or business of an employer stands in the position of the employer with respect to a lien or charge against the property and assets of the employer for wages earned before the appointment of the receiver. Receiver bound by order against employer 98(2) Where an order is made against an employer before the appointment of a receiver, the receiver is bound by the order to the extent that it constitutes a lien and charge on the property and assets of the employer. Receiver liable for wages as an employer 98(3) Where an employee of a business performs work for the business after the appointment of a receiver, the receiver is liable as an employer for payment of the employee's wages. Order to receiver 98(4) For the purpose of subsection (3), an officer may make an order under subsection 96(1) in respect of wages that are due and payable to an employee, and the order shall be directed to the receiver. DIVISION 5 DIRECTOR'S DEMAND TO THIRD PARTIES Director may issue a third party demand 99(1) The director may issue and serve on a third party a demand for the payment of money by the party to the director, in an amount and manner specified in the demand, if the director has reason to believe that (a) an employer has failed to pay wages to an employee in the amount specified in the demand; and (b) the party will or could, within six months, become indebted to the employer for an amount of money or is about to pay money to the employer. Third party reply to demand 99(2) A third party served with a demand shall immediately, (a) in the circumstances referred to in clause (1)⁠(b), pay the money or the amount specified in the demand, whichever is less, to the director; (b) if the party is not indebted to the employer and will not or is not likely to become indebted or pay money to the employer, file a reply to that effect with the director; and (c) if the party is not indebted to the employer, but indebtedness will or could arise at a future date or a payment will or could be made to the employer, file a reply to that effect with the director. Demand in force for six months 99(3) A demand issued by the director under subsection (1) remains in force for six months after the date of service. Third party is liable to the director 99(4) A third party served with a demand is liable to the director for the amount specified in it or the amount of any indebtedness of the party to the employer, whichever is less, until (a) the employer pays the unpaid wages; (b) the party pays the amount specified in the demand or the amount of the indebtedness, whichever is less, to the director; (c) the director in writing revokes or withdraws the demand or provides the party with a release; or (d) the demand is no longer in force. Director may approve deductions by third party 99(5) Subject to the written approval of the director, a third party may deduct from a payment to be made by the party under a director's demand, an amount that the employer owes to the party. Director may take civil action against third party 99(6) The director may recover the amount specified in a demand by civil action against a third party, and the party may raise any defence that could be raised if the employer took action against the party to recover the amount of the indebtedness. Director to give receipt and notice of payment 99(7) The director shall notify the employer of any payment received from a third party on whom a demand has been served and shall issue a receipt to the party, and the receipt is a good and sufficient discharge of the liability of the party to the employer to the extent of the amount shown on the receipt. DIVISION 6 PRIORITY OF WAGES AND ENFORCEMENT Employer is deemed to hold wages in trust 100 Despite any other Act, an employer is deemed to hold the wages that are due or accruing due to an employee in trust for the employee, and the employee has a lien and charge on the property and assets of the employer for the amount of the wages, whether or not the amount is kept separate and apart by the employer or the business of the employer is in receivership. Priority of lien and charge 101 Despite any other Act and subject to sections 102 (priority of prior purchase money security interest), 102.1 (priority of certain tax liens) and 106 (priority of real property mortgage), a lien and charge under section 100 and subsection 94(2) has priority to a maximum of $2,500., or an amount prescribed, and is payable in priority over any other claim or right in the property or assets of the employer that exists before or after the wages are due and payable, including (a) any claim or right of the Crown in right of Manitoba; and (b) any lien, charge, encumbrance, assignment, including an assignment of book debts, debenture or other security of whatever kind of any person, and any security interest, as defined in The Personal Property Security Act. S.M. 2005, c. 40, s. 127 ; S.M. 2006, c. 26, s. 41 . Priority of certain prior purchase money security interests 102 A lien and charge under section 100 and subsection 94(2) does not take priority over a purchase money security interest that is perfected (a) before a financing statement is registered under clause 94(1)⁠(c); or (b) within 15 days after the day the debtor obtains possession of the collateral. Priority of lien for tax collected and not remitted 102.1 A lien and charge under subsection 94(2) and section 100 does not take priority over a lien for taxes to which priority is given by subsection 66(3) of The Tax Administration and Miscellaneous Taxes Act . S.M. 2005, c. 40, s. 127 . Director may file order in court 103(1) Subject to subsection (2), the director may file in the court an order for the payment of wages, administrative costs and interest made by an officer or by the board if (a) in the case of an order of an officer, the time to request a referral to the board expires and no request is made; or (b) in the case of an order of the board, the time to apply for leave to appeal expires and no application is made or an application is made but not proceeded with. Collection 103(1.1) If the director hires a collection agent to collect the amount owing by a person under the order filed in the court, the person is liable to pay or reimburse the director for the collection fees and disbursements. They are payable on demand by the director or the collection agent, and may be collected as if they were payable under the order. Order includes requirement to pay collection costs 103(1.2) When the order is filed under subsection (1), it is deemed to include a requirement to pay any collection costs payable under subsection (1.1) in respect of the wages, administrative costs and interest payable under the order. Order is judgment of court with priority 103(2) An order filed under subsection (1) is enforceable as a judgment of the court in favour of the director and constitutes a lien and charge on the property and assets of the employer with the priority of a lien and charge under section 101. S.M. 2006, c. 26, s. 42 . Director may register judgment in L.T.O. 104 After filing an order in the court under section 103, the director may obtain a certificate of judgment from the court and register the certificate in a land titles office in accordance with The Real Property Act . Priority of caveat or notice under Judgments Act 105 A caveat or notice that is registered in a land titles office under clause 94(1)⁠(a) has the priority of a judgment under section 10 (certificate of judgment not to affect land) of The Judgments Act. Priority of real property mortgage 106 A mortgage that is registered in a land titles office before a caveat or notice is registered under clause 94(1)⁠(a) or a certificate of judgment is registered under section 104 has priority over the caveat, notice and certificate except in respect of any advance made under the mortgage after the caveat, notice or certificate is registered. Director may allocate recovered wages among employees 107 If the director receives or recovers an amount payable as wages to two or more employees and the amount is not sufficient to pay all of their claims, the director may allocate and distribute the amount to those employees in a manner the director considers fair. S.M. 2006, c. 26, s. 43 . DIVISION 7 REFERRALS TO THE BOARD Notice of right to request referral of certain orders 108 An order made under this Part in respect of a complaint relating to unpaid wages shall include or have attached to it a notice of the right of any person named in the order to make a request for a referral of the matter to the board under section 110. Director may reconsider order before referral 109 The director may reconsider and by order vary or revoke an order made by the director or an officer under this Part at any time before the matter is referred to the board under section 110. Person named in order may request referral 110(1) A person named in an order made under this Part in respect of a complaint relating to unpaid wages may request the director to refer the matter to the Board, and the director shall, subject to sections 109 and 111, refer the matter. When request must be made 110(1.1) A request under subsection (1) must be filed with the director, along with written reasons for the request, (a) within 30 days after the order is served on the person, in the case of an order made under subsection 96.1(1) (compensation or reinstatement); and (b) within seven days after the order is served on the person, in the case of any other order; or within any further time that the director may allow. 110(2) [Repealed] S.M. 2006, c. 26, s. 44 . Director not required to refer resolved matter 110(3) Despite subsection (1), the director is not required to refer a matter to the board if the director is satisfied that the matter is resolved after he or she receives the request and before it is referred. S.M. 2003, c. 7, s. 7 ; S.M. 2006, c. 26, s. 44 . Deposit required 111(1) If the person requesting a referral under section 110 is required by the order to pay wages, the person must deposit with the director, at the time of making the request, an amount equal to the total amount payable by the person under the order. Chairperson may reduce deposit 111(2) If the amount to be paid as a deposit is more than a prescribed amount, the board chairperson may, on application, reduce it to an amount not less than the prescribed amount if he or she is satisfied that it would be unfair or unreasonable not to do so. Chairperson not to hear referral 111(3) The chairperson shall not hear a matter referred to the board under subsection 110(1) if he or she hears an application in respect of the matter under subsection (2). S.M. 2006, c. 26, s. 45 . Receiver may request referral to board 112 Where an officer makes an order against an employer before the appointment of a receiver, the receiver may after the appointment make a request under section 110 for referral or for an extension of time, or both, and if a referral is made and the board makes an order against the employer, the board shall direct the order to the receiver. DIVISION 8 SECURITY BONDS Director may require employer to provide bond 113(1) The director may serve an employer with a request to provide security for the wages of the employees of the employer in the form of a bond in an amount and subject to such terms and conditions as may be prescribed, and the employer shall provide the director with a bond within 10 days after being served with the request. Director may pay wages from proceeds of bond 113(2) If an order is made under this Part respecting wages that are due and payable to an employee by an employer that has provided a bond under subsection (1), the director may pay the wages from the proceeds of the bond and shall give the employer written notice of the payment. Bond proceeds where several employees 113(3) If the proceeds of a bond provided by an employer are not sufficient to pay the wages of the employees, the proceeds shall be divided among the employees (a) in the proportion that the unpaid wages of each of them is to the aggregate of the unpaid wages; or (b) if the director considers that the sharing of the proceeds of a bond under clause (a) would not be fair in the circumstances, in such manner as the director considers fair. Minister may apply to court for order of prohibition 113(4) If an employer fails to comply with a request under subsection (1), the court may, on application by the minister, issue an order prohibiting the employer from carrying on the business in respect of which the request was made until the employer complies with the request. DIVISION 9 RECIPROCAL ENFORCEMENT Designation of reciprocating jurisdictions 114(1) If satisfied that orders under this Code for the payment of wages are or are about to become enforceable under the law of the government of Canada, another province or a territory of Canada, or the government or a state or territory of the United States, the Lieutenant Governor in Council may by regulation designate the other jurisdiction as a reciprocating jurisdiction for the purpose of enforcing in Manitoba an order, certificate or judgment made under the law of the other jurisdiction that is the equivalent of an order made or issued under this Code for the payment of wages. Application to director for reciprocal enforcement 114(2) An official designated by a reciprocating jurisdiction for the purpose may apply to the director for the reciprocal enforcement under this Code of an order, certificate or judgment made or issued under the law of that jurisdiction. Reciprocal enforcement on filing in court 114(3) Where, on an application under subsection (2), the director is satisfied that an order, certificate or judgment of the reciprocating jurisdiction is the equivalent of a payment of wages order made under this Code and that wages payable under the order, certificate or judgment remain unpaid, the director shall file a true copy of the order, certificate or judgment in the court and, upon filing, the order, certificate or judgment is enforceable, in respect of the amount of wages that remain unpaid, as an order of the court in favour of the director. PART 4 ADMINISTRATION DIVISION 1 DIRECTOR AND OFFICERS Appointment 115(1) A Director of Employment Standards must be appointed under Part 3 of The Public Service Act . Director has powers of officer 115(2) The director may exercise any power or perform any function or duty of an officer. Delegation 115(3) The director may delegate the exercise of any function, power or duty of the director to an officer. Director has standing before board 115(4) The director has standing to appear before the board as a party to a matter referred to the board, and may be represented by counsel. Notice to director re board hearing 115(5) If the director requests the board to give notice to him or her of any hearing to be conducted by the board in respect of a matter referred to it by the director or an officer, the board shall give notice to the director at the same time as it gives notice to the parties to the matter. S.M. 2021, c. 11, s. 84 . Acting director 116 An individual appointed under Part 3 of The Public Service Act may be designated acting director to act in the absence of the director or a vacancy in the position, and the individual appointed has all the powers and duties of the director. S.M. 2021, c. 11, s. 84 . Director's authority to investigate non-compliance 117(1) The director may on his or her own initiative make any inspection, investigation or inquiry that he or she considers necessary or advisable to determine whether this Code, including an order made under this Code, is being complied with. Director may take certain action 117(2) The director may, at any time after commencing an inspection, investigation or inquiry, take any action that the director or an officer may take under Part 3 in respect of a complaint filed under that Part. Director's response to non-compliance 117(3) Where the director determines that a person is not complying with this Code, the director may do one or more of the following: (a) make any order that an officer may make under Part 3 (payment of wages); (b) take any action that the director may take under Part 6 (offences and penalties). Enforcement of order 117(4) An order under clause (3)⁠(a) is not subject to subsection 96(2) (maximum amount recoverable), and may be enforced as if it were made under Part 3. S.M. 2006, c. 26, s. 46 . Settlement or compromise by director 118(1) Despite anything contained in this Code, the director may settle or compromise a difference between an employer and an employee under this Code and receive money from the employer or employee in settlement of the difference. Discharge of liability of employer 118(2) When the director pays to an employee any money received on the employee's behalf, the employer is discharged from further liability to the employee with respect to the amount received by the employee. When director may pay out money received 119 The director shall hold in trust any money received by him or her under this Code on behalf of an employee, employer or any other person, including money received under a demand on a third party or a security bond, a deposit under section 111 or an order by an officer, the board or a court, and shall not pay out the money until (a) any complaint made under this Code in respect of the subject matter of the demand, bond, deposit or order is determined by an officer, the board or a court and the time allowed to request a referral of the matter to the board or to appeal the order expires without a request being made or an appeal taken; or (b) the director is satisfied that the matter is settled, compromised or otherwise completed. Powers of officer 120 For the purpose of administering or enforcing this Code, an officer has the powers set out in subsections 123(1) and (2) and the powers of an inspector under The Labour Administration Act. S.M. 2001, c. 43, s. 41 ; S.M. 2006, c. 26, s. 47 ; S.M. 2012, c. 40, s. 56 . Officer not compellable in civil proceeding 121 An officer is not a compellable witness in a civil action or proceeding, including a proceeding before the board, with respect to information obtained, or an employment record or other document obtained or made, by the officer in carrying out a power, duty or function under this Code and may not be compelled to produce any such document. S.M. 2006, c. 26, s. 48 . DIVISION 2 THE MANITOBA LABOUR BOARD Member may act for board 122(1) Any one member of the board may carry out the functions, powers and duties of the board under this Code. Powers of board member 122(2) For the purpose of this Code, each member of the board has the powers of a commissioner under Part V of The Manitoba Evidence Act .

Board not bound by rules of evidence 122(3) The board may receive information and evidence under oath, affirmation, declaration or otherwise, and is not bound by the rules of law respecting evidence that apply to judicial proceedings. Procedure 122(4) The board may make rules of practice and procedure that it considers necessary to govern the conduct of business before it under this Code, but shall give each party to a proceeding an opportunity to present evidence and make representation. Non-application of Labour Relations Act 122(5) Section 142 of The Labour Relations Act does not apply in respect of a matter referred to the board under this Code. S.M. 2006, c. 26, s. 49 . Powers re application, referred order and inquiry 123(1) The board, or a member of the board designated by the chairperson, or an individual authorized by the board or the chairperson, may, for the purpose of determining an application to the board or an order referred to the board, or holding an inquiry under section 129, do one or more of the following: (a) at any reasonable time, enter any premises or other place in which the board, member or individual has reason to believe that an individual is or was employed, to inspect employment records and make copies of them; (b) by written notice, demand the production of employment records for inspection at a time, date and place specified in the notice; (c) on giving a receipt for it, remove an employment record, for not more than 48 hours, to make copies of it; (d) require an employer, employee or any other individual to provide oral or written statements about any matter relating to employment or employment records at a specified time, date and place; (e) require an individual supplying information or giving an oral or written statement to do so in the form of a written statement under oath, affirmation or declaration; (f) by written notice, require an employer to post notices, information bulletins or extracts from this Code at locations at the employer's place of business specified in the notice. Further power re applications and inquiries 123(2) The board, or a member of the board designated by the chairperson of the board, or an individual authorized by the board or the chairperson may, for the purpose of determining an application to the board or holding an inquiry under section 129, question an employee during the employee's regular hours of work or otherwise without the employer's being present, to ascertain whether this Code is being complied with. Power to determine compliance with Code 123(3) The board, or a member of the board designated by the chairperson of the board, or an individual authorized by the board or the chairperson may make any inspection, investigation or inquiry that is necessary to determine whether this Code is being complied with. Board and authorized person may administer oath 123(4) A member of the board or an individual authorized under subsection (1) may administer an oath, affirmation or declaration for the purpose of this Code. S.M. 2006, c. 26, s. 50 . Procedure respecting applications 124 For the purpose of determining an application under this Code, the board may exercise its powers under this Code and conduct such hearings as it considers necessary or advisable. Procedure respecting referred orders 125(1) Where an order is referred to the board, the board shall (a) give written notice to the parties and carry out such investigations and conduct such hearings as it considers necessary or advisable; and (b) confirm, vary or revoke the order or set it aside and make a new order. Parties to referred order 125(2) When an order is referred to the board, a person named in the order and any other person approved by the board may appear as parties to the proceeding. Content of board order 125(3) Where the board by order requires a person to pay wages, the board shall require the person to pay the wages to the director together with (a) administrative costs calculated in accordance with subsection 96(1); and (b) interest on the wages in accordance with section 97. Payment of money to director under order 125(4) A person that is required by order of the board to pay money to the director under subsection (3) shall do so immediately or within such time as the order allows, whether or not the order is appealed under section 130. Board may award costs 125(5) The board may, as part of any order it issues to a person under this Code, require the person to pay all or any part of any other party's costs in relation to the hearing, as the board considers reasonable, if in the board's opinion (a) the person's conduct before the board was unreasonable; or (b) having the matter referred to the board was frivolous or vexatious. S.M. 2006, c. 26, s. 51 . 126 to 128 [Repealed] S.M. 2006, c. 26, s. 52 . Board to conduct inquiry 129 The minister may require the board to conduct an inquiry respecting any matter relating to the operation or administration of this Code, and report its findings to the minister. S.M. 2006, c. 26, s. 53 . DIVISION 3 APPEAL Appeal of board order re unpaid wages 130(1) A person who is a party to a final order of the board made under this Code in respect of a matter referred to the board under section 110 may appeal the order to The Court of Appeal. Leave to appeal required 130(2) An appeal may be taken only on a question of law or jurisdiction and by leave of a judge of The Court of Appeal. Time for application for leave to appeal 130(3) An application for leave to appeal shall be made within 30 days after the day the order is made or within such further time as a judge may allow. Applicant to file proof of payment to director 130(4) If a person that files an application for leave is not an employee and is required, under the order that is the subject of the application, to pay money to the director, the person shall file with the application evidence that he or she has complied with subsection 125(4). Board and director entitled to be heard 131 The board and the director are each entitled to be heard, by counsel or otherwise, on the argument of an application for leave to appeal and on an appeal. Costs 132 Costs may not be ordered against the director, an officer, the board or a member or employee of the board in respect of an application for leave to appeal or an appeal. PART 5 GENERAL DIVISION 1 PROHIBITION AGAINST UNFAIR EMPLOYMENT PRACTICES No termination or other discriminatory action 133(1) No employer or other person acting on behalf of an employer may suspend, terminate or restrict or threaten to suspend, terminate or restrict the employment of an employee, or lay off or threaten to lay off an employee, or otherwise discriminate against an employee (a) because garnishment proceedings are taken or might be taken against the employee; (b) because the employee files or might file a complaint under this Code or assists in the initiation of a complaint, prosecution or other proceeding under this Code; (c) because the employee requests or receives information or advice from an officer or requests or demands anything that the employee is entitled to under this Code; (d) because the employee gives or might give information or evidence in respect of an investigation, prosecution or other proceeding under this Code; or (e) because the employee makes or might make a statement or disclosure that may be required of the employee under this Code; (f) [repealed] S.M. 2012, c. 37, s. 5 . Application of The Labour Relations Act 133(2) Sections 30 and 31 of The Labour Relations Act apply with necessary modifications to a complaint made in respect of this section. S.M. 2012, c. 37, s. 5 . DIVISION 2 SINGLE EMPLOYER DECLARATION Determination of single employer by order 134(1) Where the director or board determines that associated or related businesses are carried on or have been carried on under common control or direction by or through two or more employers, the director or board may by order declare that the employers named in the order are a single employer for the purpose of this Code. Effect of single employer order 134(2) Employers that are declared to be a single employer are jointly and severally liable for the payment of wages to all employees of the employers. DIVISION 3 EMPLOYMENT RECORDS Employment records to be kept by employer 135(1) An employer shall keep and maintain at the principal place of business of the employer in the province records of the following information, in English or French, about each employee: (a) name, address, date of birth and occupation; (b) the date on which the employment commenced; (c) the regular wage rate and overtime wage rate when employment starts, the particulars of any change to the regular wage rate or overtime wage rate, including the date of the change; (d) subject to subsection (2), the regular hours of work and overtime, recorded separately and daily; (d.0.1) copies of agreements referred to in section 11.1; (d.1) copies of any work schedules for the employee as described in subsection 14(6); (e) the dates on which wages are paid, and the amount of wages paid on each date; (f) the deductions from wages and the reason for each deduction; (g) details of any banked time under section 18, and time off that is provided and taken in respect of banked time; (h) the date on which each general holiday is taken; (i) the employee's hours of work on a general holiday, the wage rate paid for those hours, and any time off provided in respect of those hours of work; (j) each annual vacation, showing the date it begins and the date that work resumes, the period of employment in which it is earned, and the date and amount of vacation allowance paid; (k) the amount of vacation allowance paid to the employee in lieu of an annual vacation upon termination of the employment and the date of the payment; (l) copies of documents relating to any leave taken by an employee, including records of the type of leave and the dates and number of days taken as leave; (l.1) copies of documents relating to any paid days of leave taken by an employee under subsection 59.11(5), including records of the dates and number of days taken as paid leave, and the amount paid to the employee for each paid day of leave; (l.2) copies of work readiness certificates required by section 84.1 for employees under the age of 16; (m) the date of termination of the employment; (n) any other record prescribed by regulation. Records when regular hours do not vary 135(2) Regular hours of work are not required to be recorded daily if they do not vary from day to day. But any additional hours worked must be recorded daily. Records to be kept for minimum periods 135(3) Subject to any longer or shorter periods of time prescribed by regulation, an employer shall retain the employment records referred to in subsection (1) for not less than three years after the record is made. Employer to provide employee with pay statement 135(4) Subject to subsection (5), at the end of each pay period, the employer shall provide a written statement to each employee setting out (a) the regular hours of work and overtime for which wages are being paid to the employee, and the applicable wage rates; (b) deductions from the wages of the employee and the reason for each deduction; and (c) the net amount of wages paid to the employee. Exception where wage payments are equal 135(5) If the amount of wages to be paid to an employee is to be equal on each date that wages are to be paid over a period of time, the employer may, instead of providing the statements required under subsection (4), at the beginning of the period provide the employee with a statement of the wages to be paid, the wage rate, deductions from the wages, and the net amount to be paid to the employee on each of the dates over the period. Records to be produced on request 135(6) An employer and any other person having custody or control of employment records shall, on the request of an officer, produce them for inspection and shall, on the request of an officer, provide copies of them. Officer may determine amount if record incomplete 135(7) If an officer is unable to determine the amount of wages that are due and payable to an employee because the employer has not kept or maintained complete and accurate employment records or fails to make the records available to the officer for inspection, the officer may determine the amount in a reasonable and appropriate manner, and shall include in his or her considerations the past practices of the employer. S.M. 2003, c. 7, s. 8 ; S.M. 2006, c. 26, s. 54 ; S.M. 2011, c. 13, s. 7 ; S.M. 2016, c. 2, s. 10 ; S.M. 2018, c. 15, s. 11 . DIVISION 4 SERVICE OF DOCUMENTS Service of documents 136(1) Where an order or any other document is required or permitted to be given, sent or served under this Code, service may, in addition to any other method of service prescribed by regulation, be effected as follows: (a) in the case of service on an individual, (i) personally or by being left for the individual at his or her last or most usual place of abode with an individual who appears to be at least 18 years old, (ii) by being sent to the individual at his or her residence, place of business or last known postal address by a mail service that provides the sender with an acknowledgment of receipt, or (iii) if the individual has provided the sender with an e-mail address for the service of documents under this Code, by being sent to the e-mail address; (b) in the case of service on a corporation, (i) personally on a director or officer of the corporation, a barrister or solicitor that represents the corporation, or the manager or another individual in charge of a place where the corporation carries on business, (ii) by being left with an individual who appears to be at least 18 years old at, or by being sent by a mail service that provides the sender with an acknowledgment of receipt to, the registered head office of the corporation or the office of a barrister or solicitor that represents the corporation, (iii) by being sent to a director of the corporation at the director's residence or last known postal address by a mail service that provides the sender with an acknowledgment of receipt, or (iv) if the corporation has provided the sender an e-mail address for the service of documents under this Code, by being sent to the e-mail address; (c) in the case of service on a partnership, (i) personally or by a mail service that provides the sender with an acknowledgment of receipt on any one or more of the partners, or an individual having, at the time of service, control or management of the partnership business at the principal place of business of the partnership, (ii) by being sent to at least one of the partners at his or her residence or last known postal address by a mail service that provides the sender with an acknowledgment of receipt, or (iii) if the partnership has provided the sender an e-mail address for the service of documents under this Code, by being sent to the e-mail address. Proof of service 136(2) When it is necessary to prove the service of a document in a proceeding or prosecution under this Code, (a) if service is effected personally, the date on which it is served is the date of service; (b) if service is effected by a mail service that provides the sender with an acknowledgment of receipt, service of it is deemed to occur on (i) the date of receipt, or (ii) where proof of service is received without evidence of the date received, seven days after the date of mailing; (c) if service is effected by leaving it with an individual under subclause (1)⁠(a)⁠(i), (b)⁠(ii) or (c)⁠(i), service of it is deemed to occur on the date it was so left; or (d) if service is effected by e-mail, service of it is deemed to occur four days after the date the e-mail was sent, unless (i) sending the e-mail triggers an automated response indicating that the e-mail is not deliverable, or (ii) before the e-mail was sent, the person had notified the sender in writing that the e-mail address may no longer be used for the service of documents. Director or board may give directions for service 136(3) Despite subsections (1) and (2), the director or the board may direct that a document be served in a manner that is not described in subsection (1), in which case the service is deemed to occur seven days after the manner of service is carried out or after such longer period as the director or board may direct. S.M. 2022, c. 19, s. 1 . DIVISION 5 ADMISSIBILITY OF DOCUMENTS Admissibility of certain documents as evidence 137 In a proceeding or prosecution under this Code, each of the following documents is admissible in evidence without proof of the appointment, authority or signature of the individual signing it: (a) a copy of an order or other document certified by an officer or the board to be a true copy; (b) a copy of an employment record or other document or an extract of an employment record certified to be a true copy by an officer or the board; (c) a certificate of the director or the board that a person has failed to comply with an order under this Code or with the requirement under section 138.1 to pay an administrative penalty. S.M. 2006, c. 26, s. 55 . DIVISION 6 IMMUNITY Immunity from action 138 No action or proceeding may be commenced against the board, a board member, the director, an officer, or an employee or agent of the board or the government for any act done in good faith in the performance of a duty or in the exercise or intended exercise of a power under this Code, or for any neglect or default in the performance of the duty or the exercise of the power in good faith. PART 6 OFFENCES AND PENALTIES ADMINISTRATIVE PENALTIES Administrative penalty 138.1(1) Subject to the regulations, an administrative penalty under this section may be imposed in respect of a person's failure to comply with a provision of this Code or of The Construction Industry Wages Act or the regulations under that Act, if the failure occurs after the director has given the person notice of the requirement to comply with that provision. How penalty may be imposed 138.1(2) The director may impose the administrative penalty by issuing a notice of administrative penalty in accordance with subsection (4) and serving it on the person liable to pay it. Amount of penalty 138.1(3) The amount of the penalty for each incident of non-compliance is the amount prescribed by regulation. For this purpose, an incident of non-compliance relating to more than one employee may be treated as a separate incident of non-compliance in relation to each affected employee. Content of notice 138.1(4) The notice of administrative penalty must set out (a) the name of the person liable to pay the penalty; (b) the amount of the penalty; (c) when and how the penalty must be paid; (d) a description of the non-compliance, including a reference to the provision not being complied with; and (e) a description of the person's right to appeal the penalty to the board under section 138.2. Penalty recoverable as wages 138.1(5) The penalty payable under this section is a debt due to the government and may be recovered by the director in the same manner as wages may be recovered under this Code. No offence to be charged if penalty is paid 138.1(6) A person who pays an administrative penalty in respect of an incident of non-compliance may not be charged with an offence in respect of that non-compliance, unless the non-compliance continues after the penalty is paid. S.M. 2006, c. 26, s. 56 . Appeal to board 138.2(1) The person named in a notice of administrative penalty may, in accordance with subsection (2), request the director to refer it to the board for an appeal of the penalty. Upon receipt of the request, the director must refer the matter to the board. How to appeal 138.2(2) The request to refer a notice of administrative penalty to the board (a) must include a statement of the facts and reasons for the appeal; and (b) must be filed with the director (i) within 30 days after the notice is served on the person, if the penalty is in respect of a matter for which an order was made under subsection 96.1(1) (compensation or reinstatement), and (ii) in any other case, within seven days after the notice is served on the person, or within any further period of time allowed by the director. Deposit 138.2(3) At the time of filing the request with the director, the person filing it must deposit with the director an amount equal to the penalty being appealed. Chairperson may reduce deposit 138.2(4) If the amount to be paid as a deposit is more than a prescribed amount, the board chairperson may, on application, reduce it to an amount not less than the prescribed amount if he or she is satisfied that it would be unfair or unreasonable not to do so. Chairperson not to hear appeal 138.2(5) If the chairperson considers an application under subsection (4), he or she must not hear the appeal. Decision of board 138.2(6) After hearing the appeal, the board (a) must confirm or revoke the penalty; and (b) if the penalty is confirmed, may award costs against the person required to pay the penalty if, in the board's opinion, (i) the person's conduct before the board was unreasonable, or (ii) the appeal was frivolous or vexatious. Application of other provisions 138.2(7) To the extent they are not inconsistent with this section, the provisions of Part 4 relating to orders referred to the board apply, with necessary changes, to an appeal to the board under this section. S.M. 2006, c. 26, s. 56 . OFFENCES Offences 139(1) A person is guilty of an offence who (a) fails to comply with an order made or the terms and conditions of a permit issued under this Code; (b) delays or obstructs the director or an officer carrying out a power or duty under this Code; (c) makes a complaint knowing it to be untrue; (d) fails to comply with subsection 60(1) (termination), (2) (reinstatement), (7) (confidentiality) or (8) (further disclosure); (e) fails to give a notice of termination, or to pay a wage in lieu of notice, in contravention of subsection 61(1); (f) as an employer, alters working conditions or wages in contravention of section 76; (g) contravenes section 133 (unfair employment practices); (h) [repealed] S.M. 2006, c. 26, s. 58 ; (i) contravenes section 84, 84.1, 84.2 or 84.3 (employment of young persons); (j) fails to comply with a third party demand under Division 5 of Part 3; (k) fails to comply with a request for a security bond under Division 8 of Part 3; (l) as an employer, fails to keep employment records as required by this Code, or to produce employment records when requested to do so by an officer; (m) falsifies an employment record or gives false or misleading information respecting an employment record; (n) as an employer, fails to pay wages or overtime wages to an employee or to provide anything to which an employee is entitled under this Code; or (o) fails to comply with a regulation made under clause 144(1)⁠(c) (terms and conditions of employment) or (s) (employment of children). Offence of working for less than minimum wage 139(2) If an employee, in collusion with an employer, works for less than the minimum wage, both the employer and the employee are guilty of an offence. Offence of paying less than minimum wage 139(3) If an employee, in collusion with an employer, directly or indirectly returns to the employer all or part of the employee's wages with the result that the wages received and retained by the employee are reduced to an amount that is less than the minimum wage, both the employee and the employer are guilty of an offence. Continuing offence 139(4) Where a contravention or failure to comply continues for more than one day, the person is guilty of a separate offence for each day that the offence continues. S.M. 2006, c. 26, s. 58 ; S.M. 2008, c. 42, s. 32 ; S.M. 2013, c. 32, s. 3 ; S.M. 2016, c. 2, s. 11 ; S.M. 2017, c. 27, s. 4 ; S.M. 2018, c. 15, s. 12 . Penalties 140(1) A person that is guilty of an offence under this Code is liable on summary conviction to a fine (a) in the case of an employer that is a corporation, of not more than $25,000.; (b) in the case of a director of a corporation or an employer that is an individual, of not more than $5,000.; and (c) in the case of an employee, of not more than $2,500. Penalties for subsequent offences 140(2) A person guilty of an offence under this Code for a second or subsequent time is liable, in addition to the penalty under subsection (1), to (a) a fine of not more than the maximum fine that applies under subsection (1); or (b) imprisonment for a term of not more than three months; or both. Offences by directors of corporations 141 When a corporation commits an offence under this Code, every director of the corporation who directed, authorized, assented to, permitted, or participated or acquiesced in the offence is also guilty of the offence, whether or not the corporation has been prosecuted or convicted. Time limit for prosecution 142 A prosecution for an offence under this Code may be commenced within one year after the date the alleged offence occurs. Director and board to be served notice of appeal 143 A person who appeals a conviction under this Part shall serve the director and the board with a copy of the notice of appeal within the time that the court requires the notice to be served on parties to the appeal. PART 7 REGULATIONS Regulations 144(1) The Lieutenant Governor in Council may make regulations (a) exempting an employer, employee, employment or business, or a group or class of employers, employees, employments or businesses from the application of this Code or a provision of this Code; (b) respecting terms and conditions of employment for an employer, employee, employment or business or a group or class of employers, employees, employments or businesses that are exempted from the application of this Code or a provision of this Code; (c) respecting terms and conditions of employment for employees in a class of business or employment; (c.1) respecting the manner of calculating an employee's regular wage rate; (d) for the purpose of Division 1 (minimum wage) of Part 2, (i) establishing rules respecting the application of the minimum wage provisions, (ii) prescribing a class of employees for the purpose of subsection 7(5) and prescribing a minimum wage for that class; (e) respecting the maximum amount employers may charge or may deduct from a minimum wage for providing board, lodging, uniforms or laundry services or other services to employees; (f) respecting the conditions of employment for employees earning the minimum wage; (g) respecting the conduct of inquiries by the Manitoba Labour Board under section 129; (h) respecting circumstances that constitute or do not constitute the performance of work by employees for which wages are required to be paid; (i) respecting standard hours of work, including (i) prescribing standard hours of work for any type of employment, industry or workplace, (ii) respecting the director's powers under section 12 (averaging) and 13 (increased standard hours), and the factors to be considered by the director before exercising those powers, and (iii) defining "regularly" for the purpose of subsection 14.1(1); (i.1) for the purpose of subsection 17(1), respecting the wage rate for overtime worked by an employee whose wage is based, in whole or in part, on incentives for production or performance; (j) respecting the manner in which the hours worked by employees are recorded, including the use of mechanical and electronic devices; (k) for the purpose of clause 18(4)⁠(b), respecting the period of time within which an employee in a business or a class of businesses must take time off instead of overtime wages; (l) respecting general holidays, including designating a day as a general holiday; (l.1) defining "climate-controlled agricultural business" for the purpose of subsection 25(2); (m) [repealed] S.M. 2006, c. 26, s. 59 ; (n) for the purpose of subsection 39(4), respecting the calculation of the cash value of board and lodging; (o) for the purpose of subsection 50(2), respecting the length of breaks to be provided to employees by employers; (o.1) prescribing classes of persons for the purpose of clause (d) of the definition "family member" in subsection 59.2(1); (o.2) respecting family leave under section 59.3; (o.2.1) respecting unpaid leave for reservists, including (i) prescribing conditions or limits for leaves under section 59.5, (ii) defining "active duty" for the purpose of clause (a) of the definition "service" in subsection 59.5(1), and (iii) defining "military skills training" for the purpose of clause (b) of the definition "service" in subsection 59.5(1); (o.2.1.1) by prescribing persons for the purpose of clause (e) of the definition "dependant" in subsection 59.11(1); (o.2.2) prescribing other purposes under subsection 59.11(3) (interpersonal violence leave); (o.2.3) governing the verification that an employee is required to provide to an employer under subsection 59.11(11) or (12), including the types of certificates or other documentation that are acceptable, what information they must contain and when they must be provided; (o.2.4) respecting public health emergency leave, including (i) prescribing other circumstances for the purpose of clause 59.12(2)⁠(h), and (ii) prescribing conditions for the purpose of subsection 59.12(2.1); (o.2.5) respecting the circumstances in which an employer may require a physician's certificate or a medical certificate under subsection 60(3.1); (o.3) for the purpose of Division 10 (termination of employment) of Part 2, (i) prescribing rules for determining a period of employment, including rules that provide for the period of a lay-off or leave or a period between successive periods of employment to be included in a period of employment, (ii) prescribing circumstances in which an employer may terminate employment without notice or paying a wage in lieu of notice, (iii) prescribing circumstances in which an employee may terminate his or her employment without notice, (iv) respecting the rights or obligations of employers or employees in the circumstances of a lay-off, strike or lockout, and prescribing criteria for treating a lay-off as a termination of employment, and (v) for the purpose of subsection 62(1.1), prescribing temporary employees who are subject to the exception described in clause 62(1)⁠(e); (p) respecting deductions that employers may make from wages payable to employees, including conditions under which deductions may be made; (q) [repealed] S.M. 2006, c. 26, s. 59 ; (r) for the purpose of Division 11 (home work) of Part 2, respecting home work, including the registration of employers of individuals who engage in home work, and employment records required to be kept for such individuals; (s) respecting the employment of children and young persons, including prohibiting, restricting or allowing their employment by industry, occupation or type of work, and allowing the director to approve, with or without conditions, exceptions to those prohibitions or restrictions; (s.1) for the purpose of section 84.1, respecting work readiness courses and work readiness certificates for young persons under the age of 16 years; (t) [repealed] S.M. 2013, c. 32, s. 4 ; (u) respecting the application of section 90 to directors of corporations; (v) for the purpose of section 97 (interest), respecting the payment of interest, including rates of interest and periods of time and circumstances in which interest is or is not payable; (w) respecting the maximum amount of wages having a priority under section 101 (lien and charge for wages); (x) respecting deposits payable under section 111 or 138.2; (y) for the purpose of section 113, respecting security bonds, including the amounts required and terms and conditions to be contained in them; (z) for the purpose of section 114, respecting applications for the reciprocal enforcement of orders, certificates or judgments; (aa) for the purpose of subsection 114(1), respecting the designation of reciprocating jurisdictions; (bb) for the purpose of section 135, respecting employment records to be kept and maintained by employers and the minimum periods of time for which records must be kept; (cc) respecting the production of employment records by an employer or employee; (dd) respecting information to be made available by an employer on the request of an officer or the board; (ee) for the purpose of section 136, respecting the service of documents; (ee.1) respecting administrative penalties under section 138.1; (ff) respecting the filing of complaints; (gg) respecting applications to the director or the board; (hh) respecting the powers and duties of the board, director and officers; (ii) respecting the inspection of businesses; (jj) respecting fees and charges for any matter or thing done by the director, an officer or the board, including who may establish the fees and charges, who is liable to pay the fees and charges, and the manner in which the payment of fees and charges may be enforced; (kk) respecting the content of notices required under this Code; (ll) respecting any matter required or authorized by this Code to be prescribed; (mm) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Code. Regulations re standard hours of work 144(2) A regulation under clause (1)⁠(i) may set standard hours of work that apply for all or part of a year. Application 144(3) A regulation may be of particular or general application, may be applicable at particular times or in particular circumstances, may be subject to conditions, and may delegate to or impose on the board or director functions, powers or duties. Consultations re proposed regulations 144(4) Except in circumstances considered by the minister to be of an emergency nature, the minister shall provide opportunity for consultation with, and seek advice and recommendations from, representatives of employers and employees and any other persons the minister considers appropriate in respect of each proposed regulation. S.M. 2003, c. 7, s. 9 ; S.M. 2006, c. 26, s. 59 ; S.M. 2007, c. 2, s. 3 ; S.M. 2011, c. 13, s. 8 ; S.M. 2013, c. 32, s. 4 ; S.M. 2014, c. 16, s. 15 ; S.M. 2016, c. 2, s. 12 ; S.M. 2017, c. 27, s. 5 ; S.M. 2018, c. 15, s. 13 ; S.M. 2019, c. 26, s. 4 ; S.M. 2020, c. 18, s. 5 ; S.M. 2020, c. 27, s. 3 . PART 8 TRANSITIONAL, CONSEQUENTIAL, REPEAL, C.C.S.M. REFERENCE, AND COMING INTO FORCE TRANSITIONAL PROVISIONS Meaning of "former Acts" 145 In this section and sections 146 to 153, "former Acts" means (a) The Employment Standards Act , R.S.M. 1987, c. E110; (b) The Payment of Wages Act , R.S.M. 1987, c. P31; and (c) The Vacations with Pay Act , R.S.M. 1987, c. V20. Transitional regulations 146 The Lieutenant Governor in Council may make regulations (a) respecting the transition or conversion to this Code of anything from the former Acts or an Act amended by this Code; (b) to deal with any difficulty or impossibility resulting from this Code or the transition to this Code from the former Acts or any Act amended by this Code. Continuation of documents under former Acts 147(1) An order, demand, approval, permit, caveat, lien, judgment, certificate or other document issued, filed, registered or made under the former Acts or under an Act that is amended by this Code continues as if it had been issued, filed, registered or made under this Code. Caveat filed in L.T.O. under Payment of Wages Act 147(2) A caveat filed in a land titles office by the director on behalf of an employee under The Payment of Wages Act is deemed for all purposes to have been filed by the director under this Code. 148 [Repealed] S.M. 2006, c. 26, s. 60 . Appointments continued 149 An appointment made under any of the former Acts is continued as an appointment under this Code. Matters under former Acts continued 150 A claim, proceeding, prosecution or other matter under a former Act is to be continued to its conclusion under the former Act as if this Code had not come into force and the former Act and regulations under it had remained in force. Application to benefit earned after Code in force 151(1) Subject to subsection (2), this Code applies only to wages and other benefits earned or to which an employee is entitled after this Code comes into force. Application to benefit earned in period occurring before and after Code in force 151(2) This Code applies to wages and other benefits that are earned or claimed to be earned with respect to a continuous period of time that starts before and ends after this Code comes into force. 152 and 153 [Repealed] S.M. 2006, c. 26, s. 60 . Reference in legislation or document to former Act 154 A reference in an Act, regulation, by-law, agreement or other document to a former Act is deemed to be a reference to this Code. 155 to 162 NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts. MISCELLANEOUS PROVISIONS Repeal 163 The following Acts are repealed: (a) The Employment Standards Act , R.S.M. 1987, c. E110; (b) The Payment of Wages Act , R.S.M. 1987, c. P31; (c) The Vacations with Pay Act , R.S.M. 1987, c. V20. C.C.S.M. reference 164 This Code may be cited as The Employment Standards Code and referred to as chapter E110 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 165 This Code comes into force on a day fixed by proclamation. NOTE: S.M. 1998, c. 29 came into force by proclamation on May 1, 1999. NOTE: Section 59.9, which was added by S.M. 2012, c. 45, s. 3, came into force on January 1, 2013. NOTE: Section 59.8, which was added by S.M. 2012, c. 45, s. 2, came into force on June 9, 2013.