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 .
