The Labour Administration Act

The Labour Administration Act, C.C.S.M. c. L20 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Repealed 3 Designation of inspectors 4 Appointment of vice-chairperson to boards 5 Duties of minister 6 Authority for agreements and grants 7 Inspector's powers and duties 8-10 Repealed 11 Privilege in respect of conciliation proceedings 12 Admissibility in evidence of certificates by minister 13 Discrimination prohibited 14 Regulations HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act, "department" means the department of government over which the minister presides; (« ministère ») "inspector" means (a) an inspector appointed under this Act, (b) a person designated as an inspector under this Act, (c) a person authorized under clause 7(1)⁠(b) to carry out, perform, exercise or have the duties, powers or authorities of an inspector, (d) an employment standards officer employed in the department, (e) the Fire Commissioner for Manitoba, and (f) a deputy fire commissioner, assistant fire commissioner, designated inspector or a local assistant to the fire commissioner appointed or holding office under The Fires Prevention and Emergency Response Act ; (« inspecteur ») "labour Act" means an Act designated as a Labour Act in the Order in Council made under The Executive Government Organization Act that sets out the Acts for which the minister is responsible; (« loi du travail ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. (« ministre ») S.M. 1997, c. 36, s. 42 ; S.M. 2001, c. 43, s. 45 ; S.M. 2002, c. 26, s. 22 ; S.M. 2012, c. 40, s. 62 ; S.M. 2014, c. 5, s. 12 . 2 [Repealed] S.M. 2001, c. 43, s. 45 ; S.M. 2012, c. 40, s. 62 . 3(1) [Repealed] S.M. 2012, c. 40, s. 62 . Designation of inspectors 3(2) The minister may designate a person employed in the department as an inspector. S.M. 2012, c. 40, s. 62 . Appointment of vice-chairperson to boards 4 Where under a labour Act, any person or body has power to appoint or establish a board or committee, that person or body may appoint a person who may be an officer or employee of the department as vice-chairperson of that board or committee. S.M. 2001, c. 43, s. 45 ; S.M. 2012, c. 40, s. 62 . Duties of minister 5 The minister shall cause to be conducted ongoing research and analysis of issues relevant to employer-employee relations in the province, and shall cause to be collected, assorted, systematized, and published information and statistics relating to (a) employment, wages and hours of work; (b) co-operation and consultation between employees and employers; (c) strikes, lockouts and other employment difficulties; (d) the commercial and industrial condition and prosperity of employees, and the permanent prosperity of industries in the province; and (e) other subjects of interest to employers and employees in the province. Authority for agreements 6(1) The minister may enter into agreements with the Government of Canada or a minister representing the Government of Canada, the government of a province or a minister representing the government of a province, or any other person respecting (a) the promotion and encouragement of employment and employment opportunities within the province; or (b) the promotion and encouragement of education and training relating to employment and employment opportunities; or (c) the orientation and training of immigrants to the province; or (d) the provision of support services for any of the matters referred to in clauses (a) to (c); or (e) any or all of the matters referred to in clauses (a) to (d). Authority for grants 6(2) The Minister of Finance, on the requisition of the minister, may from and out of the Consolidated Fund with monies authorized under an Act of the Legislature to be so paid and applied, make grants to organizations, groups or persons for the purpose of (a) promoting or encouraging employment and employment opportunities within the province; or (b) promoting and encouraging education and training related to employment and employment opportunities within the province; or (c) promoting and encouraging research and study related to employment and employer-employee relations within the province; or (d) assisting in the orientation and training of immigrants to the province; or (e) providing support services for any of the matters referred to in clauses (a) to (d); or (f) any or all of the matters referred to in clauses (a) to (e). Powers and duties vested in inspector 7(1) All the duties, powers, and authorities, given to an inspector under any labour Act are vested in (a) an inspector; and (b) any other person authorized in writing by the minister to carry out, perform, exercise, or have any of such duties, powers, or authorities, either generally or in any specified case; as fully and effectually as if those duties, powers, and authorities were specifically set forth herein; and, when called on to do so, every employer, employee, manager, and other person, shall assist any such inspector or other person so authorized, as may be reasonably required by him or her, in the doing of any act or thing lawfully to be done by him or her in the discharge of his or her duties. Powers of entry and inspection 7(2) In the performance of his or her duties under any labour Act, and in order to see to the due carrying out of any such Act, or for the enforcement thereof, or to secure compliance with the provisions thereof, an inspector, or a person authorized by the minister under subsection (1), may (a) at any time enter, inspect, and examine, any premises to which any such Act applies or relates; (b) order any employer, employee, manager, or other person, to produce for his or her examination any book, register, notice, certificate, licence, or other document, issued or required to be kept under any such Act; and (c) order any employer, employee, manager, or other person to submit to the minister a copy or certified copy of all or part of any book, record, or document, issued or required to be kept under any such Act. Penalty and offence 7(3) Every person who (a) refuses, omits, or neglects, to comply with any lawful order of an inspector or of another person authorized under subsection (1), given by him or her in the course of the lawful discharge of his or her duties and for the purpose of more effectually carrying them out; or (b) hinders or obstructs an inspector or another person so authorized in the lawful discharge of his or her duties; is guilty of an offence and is liable, on summary conviction, for a first offence to a fine of not more than $100. or to imprisonment for a term of not more than 30 days, and for a second or subsequent offence, to a fine of not less than $25. and not more than $500. or to imprisonment for a term of not more than 90 days. Personal liability of inspectors 7(4) No inspector is personally liable for any loss or damage suffered by any person by reason of anything done, or omitted to be done, by him or her in good faith and without negligence, in the exercise of any duty, power or authority given to an inspector under any Act administered by the minister through the department or under any regulation or order made thereunder. S.M. 2001, c. 43, s. 45 ; S.M. 2012, c. 40, s. 62 . 8 [Repealed] S.M. 2011, c. 35, s. 24 ; S.M. 2012, c. 40, s. 62 . 9 [Repealed] S.M. 2000, c. 35, s. 11 . 10 [Repealed] S.M. 2001, c. 43, s. 45 . Privilege in respect of conciliation proceedings 11(1) Subject to subsection (2), nothing said or done by the minister, the deputy minister, a conciliator, a member of a conciliation board, the registrar, or an employee of the department, in the course of efforts made pursuant to The Labour Relations Act , to settle an industrial dispute is admissible in evidence in any action or proceedings before the board or a court relating to, or arising out of, the industrial dispute, and brought or taken under a statute or other law of the province, or otherwise within the jurisdiction of the Legislature. Ministerial certificate as to actions taken 11(2) The minister may give to the board or a court a certificate in writing, signed by him or her, certifying (a) as to whether he or she has received any notice or request to do anything that he or she is by The Labour Relations Act authorized to do; and (b) as to whether he or she has done any such thing. Definitions 11(3) In this section the words and expressions "board" , "conciliation board" , "conciliator" , "industrial dispute" , and "minister" respectively, have the meanings attributed to them in The Labour Relations Act . S.M. 2001, c. 43, s. 45 ; S.M. 2020, c. 21, s. 267 . Admissibility in evidence of certificates by minister 12 For the purposes of any labour Act, a certificate purporting to be signed by the minister and stating (a) that a report, request, or notice was or was not received or given by him or her under that Act, and if so received or given, the date upon which it was so received or given; or (b) whether he or she has done anything that he or she is by that Act authorized to do; is admissible in evidence as prima facie proof of the fact stated therein, without proof of the signature or of the official character of the person appearing to have signed it. S.M. 2001, c. 43, s. 45 ; S.M. 2012, c. 40, s. 62 . Discrimination against employees who give evidence, etc., forbidden 13(1) No employer shall discharge, or threaten to discharge, or in any other manner discriminate against any employee because the employee has given information to an officer of the department, or because (a) the employee has testified, or is about to testify; or (b) the employer believes that the employee may testify; in any investigation or proceedings relative to the enforcement of any labour Act. Penalty 13(2) Every person who offends against subsection (1) is guilty of an offence and liable, on summary conviction, to a fine of not more than $100. or imprisonment for not more than 30 days and for a second or subsequent offence to a fine of not less than $25. and not more than $500. or to imprisonment for not more than 90 days. S.M. 2012, c. 40, s. 62 . Regulations 14 For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders requiring the distribution and dissemination by any person or organization of any information collected, assorted, systematized or published under this Act.