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Bill C-35

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45 ELIZABETH II

CHAPTER 32

An Act to amend the Canada Labour Code (minimum wage)

[Assented to 18th December, 1996]

R.S., c. L-2; R.S., cc. 9, 27 (1st Supp.), c. 32 (2nd Supp.), cc. 24, 43 (3rd Supp.), c. 26 (4th Supp.); 1989, c. 3; 1990, cc. 8, 44; 1991, c. 39; 1992, c. 1; 1993, cc. 28, 38, 42; 1994, cc. 10, 41

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Subsections 178(1) to (3) of the Canada Labour Code are replaced by the following:

Minimum wage

178. (1) Except as otherwise provided by or under this Division, an employer shall pay to each employee a wage at a rate

    (a) not less than the minimum hourly rate fixed, from time to time, by or under an Act of the legislature of the province where the employee is usually employed and that is generally applicable regardless of occupation, status or work experience; or

    (b) where the wages of the employee are paid on any basis of time other than hourly, not less than the equivalent of the rate under paragraph (a) for the time worked by the employee.

Where wage rate based on age

(2) For the purposes of paragraph (1)(a), where minimum hourly rates for a province are fixed on the basis of age, the minimum hourly rate for that province is the highest of those rates.

Amendment of minimum wage

(3) For the purposes of paragraph (1)(a), the Governor in Council may, by order,

    (a) replace the minimum hourly rate that has been fixed with respect to employment in a province with another rate; or

    (b) fix a minimum hourly rate with respect to employment in a province if no such minimum hourly rate has been fixed.

2. Section 179 of the Act is replaced by the following:

Employees under 17 years of age

179. An employer may employ a person under the age of seventeen years only

    (a) in an occupation specified by the regulations; and

    (b) subject to the conditions fixed by the regulations for employment in that occupation.

3. Paragraph 181(f) of the Act is replaced by the following:

    (f) specifying, for the purposes of section 179, the occupations in which persons under the age of seventeen years may be employed in an industrial establishment and fixing the conditions of that employment; and