This is an official version.

Copyright 2024: Queen’s Printer,

St. John's, Newfoundland and Labrador, Canada

Important Information

(Includes details about the availability of printed and electronic versions of the Statutes.)

Table of Regulations

Main Site

How current is this regulation?

CONSOLIDATED NEWFOUNDLAND

AND

LABRADOR

REGULATION 781/96

Labour Standards Regulations

under the

Labour Standards Act

(O.C. 96-261)

Amended by:

77/96

44/99

24/02

36/02

38/03

11/05

59/07

104/07

73/08

38/09

78/14

12/17

12/18

19/18

10/20

22/20

75/20

38/22

81/24

CONSOLIDATED NEWFOUNDLAND

AND

LABRADOR

REGULATION 781/96

Labour Standards Regulations

under the

Labour Standards Act

(O.C. 96-261)

Under the authority of sections 26, 28, 58 and 66 of the Labour Standards Act

and the Subordinate Legislation Revision and Consolidation Act

, the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis

Short title

Definitions

2.1

Prescribed profession

Application

Observance of public holidays

Standard working hours

Weekly day of rest

Rest periods

Minimum wage rate

Overtime wage rate

Overtime less than 3 hours

Minimum wage application

11.1

Definition of "family member"

11.1

Definition of "service"

11.3

Designated communicable disease

Notice of termination

Non-application of

section 57

Repeal

Short title

These regulations may be cited as the Labour Standards Regulations

214/93 s1

Back to Top

Definitions

In these regulations

(a)

"Act" means the Labour Standards Act ;

(a.1)

"annual Consumer Price Index" means the annual Consumer Price Index for Canada

(All items) published by Statistics Canada;

(b)

"construction industry" means the on-site constructing, erecting, altering, decorating, repairing or demolishing of buildings, structures, roads, sewers, water mains, pipe lines

, tunnels, shafts, bridges, wharves, piers, canals or other works;

(c)

"livestock" means horses, cattle, sheep, goats, swine, fur bearing animals raised in captivity, poultry and other domestic animals kept for farm purposes; and

(d)

"remote area" means an area in which the only living accommodation for an employee consists of

(

i) bunk-house accommodation, or

(ii)

other accommodation of a temporary character which is operated in conjunction with the operations being conducted by an employer.

214/93 s2; 12/18 s1

Back to Top

Prescribed profession

2.1

For the purposes of paragraph 2(

b) of the Act, the practice of hockey as a hockey player in the Quebec Maritimes Junior Hockey League is a prescribed profession.

81/24 s1

Back to Top

Application

Except where the contrary is indicated, these regulations apply to all employers and employees and to persons who are parties to a contract of service.

214/93 s3

Back to Top

Observance of public holidays

The public holidays of New Year's Day, Good Friday, Memorial Day, Labour Day

and Christmas Day required to be observed under paragraphs 14(1)(a), (b), (c), (

d) and (

e) of the Act shall be observed on the dates proclaimed by the Lieutenant-Governor in Council under

section 4 of the Shops Closing Act.

214/93 s4

Back to Top

Standard working hours

(1) For the purpose of paragraph 21(

a) of the Act, "standard working hours" means 40 hours in a week.

(2) For the purpose of paragraph 21(

b) of the Act, "week" means a period of 7 continuous days commencing after midnight

on a Saturday.

214/93 s5

Back to Top

Weekly day of rest

Section 22 of the Act does not apply to an employee who is

(

a) subject to a collective agreement within the meaning of the Labour Relations Act

or the Fishing Industry Collective Bargaining Act ;

(

b) employed in a remote area of the province and who notifies the employer in writing, and does not revoke that notification in writing, that the employee does not wish

section 22 of the Act to apply to the employee; or

(

c) a crew member of a ferry boat.

214/93 s6; 38/22 s1

Back to Top

Rest periods

Section 24 of the Act does not apply to

(

a) an employee who is a crew member of a ferry boat;

(

b) an employee who is subject to a collective agreement within the meaning of the Labour Relations Act

or the Fishing Industry Collective Bargaining Act

; or

(

c) an employee who works alone and in circumstances where it is impracticable for that employee to take a rest period.

214/93 s7

Back to Top

Minimum wage rate

(1)For the period of October 1, 2022

to March 31, 2023 every employer shall pay to every employee a wage rate of not less than $13.70 an hour.

(2) For the period of April 1, 2023

to September 30, 2023 every employer shall pay to every employee a wage rate of not less than $14.50 an hour.

(3) For the period of October 1, 2023

to March 31, 2024 every employer shall pay to every employee a wage rate of not less than $15.00 an hour.

(4) Effective April 1, 2024

and on April 1 of each year after that, the minimum wage rate shall be calculated as follows:

(

a) the minimum wage rate on March 31 adjusted by the percentage change in the annual Consumer Price Index for the year immediately preceding the year in which the adjustment occurs; and

(

b) rounding that amount up to the nearest $0.05.

(5) Where the calculation under subsection (4) results in an amount that is less than the minimum wage rate on March 31 of that year, the minimum wage rate shall not be adjusted and shall remain at the amount of the minimum wage rate on March 31 of that year.

(6) Commencing in 2024, e ach year the minister shall publish notice of the minimum wage rate in the Gazette

within 30 days of the release of the Consumer Price Index for December.

12/17 s1 ; 12/18 s2 ; 10/20 s1 ; 75/20 s1 ; 38/22 s2

Back to Top

Overtime wage rate

(1)For the period of October 1, 2022

to March 31, 2023 for the purpose of

section 25 of the Act, overtime wages shall be paid at a rate of not less than $20.55 an hour.

(2) For the period of April 1, 2023

to September 30, 2023 for the purpose of

section 25 of the Act, overtime wages shall be paid at a rate of not less than $21.75 an hour.

(3) For the period of October 1, 2023

to March 31, 2024 for the purpose of

section 25 of the Act, overtime wages shall be paid at a rate of not less than $22.50 an hour.

(4) Effective April 1, 2024

and on April 1 of each year after that, the overtime wage rate shall be calculated as follows:

(

a) the minimum wage rate calculated under subsection 8(4) multiplied by 1.5; and

(

b) rounding that amount to the nearest $0.01.

(5) Commencing in 2024, e ach year the minister shall publish notice of the overtime wage rate in the Gazette

on the same date that the minimum wage rate is published in the Gazette

(6) Section 25 of the Act does not apply to a person employed

(

a) in the planting, cultivating and harvesting of farm produce other than the production of fruit and vegetables in greenhouse and nursery operations;

(

b) in the raising of livestock; or

(

c) as a live-in housekeeper or baby-sitter where there is an arrangement by which that employee is entitled to time off with pay for hours worked in excess of

40 hours per week.

78/14 s2 ; 12/17 s2 ; 12/18 s3 ; 75/20 s2 ; 38/22 s3

Back to Top

Overtime less than 3 hours

Where an employee who reports for previously scheduled work or whose employer calls the employee to report to work is required to perform less than 3 hours of work, the employer shall either

(

a) permit the employee to work at least 3 consecutive hours; or

(

b) pay the employee instead of work for an unworked portion of the 3 hours wages at the minimum wage set out in

section 8 or the overtime wage rate as set out in subsection 9(1), whichever is appropriate for the period unworked.

214/93 s10; 38/22 s4

Back to Top

Minimum wage application

The minimum rates of wages prescribed by these regulations apply to

(

a) an employee whether paid on the basis of

an hourly rate of pay or on the basis of a fixed wage for a week or a month or a part of a month; and

(

b) an employee whether remunerated either wholly or in part on a commission basis.

214/93 s11

Back to Top

Definition of "family member"

11.1

For the purpose of sections 43.13 to 43.16 and subparagraph 43.28(d)(iv) of the Act, the term "family member" means

(

a) a child of the employee's parent or a child of the spouse or cohabiting partner of the employee's parent;

(

b) a grandparent of the employee or of the employee's spouse or cohabiting partner or the spouse or cohabiting partner of the employee's grandparent;

(

c) a grandchild of the employee or of the employee's spouse or cohabiting partner or the spouse or cohabiting partner of the employee's grandchild;

(

d) the spouse or cohabiting partner of the employee's child or of the child of the employee's spouse or cohabiting partner;

(

e) a parent, or the spouse or cohabiting partner of a parent, of the employee's spouse or cohabiting partner;

(

f) the spouse or cohabiting partner of a child of the employee's parent or of a child of the spouse or cohabiting partner of the employee's parent;

(

g) a child of a parent of the employee's spouse or cohabiting partner or a child of the spouse or cohabiting partner of the parent of the employee's spouse or cohabiting partner;

(

h) a sibling of a parent of the employee or of the employee's spouse or cohabiting partner;

(h.1)

the spouse or cohabiting partner of a person referenced in paragraph (h );

( i

a child of a sibling of the employee or of the employee's spouse or cohabiting partner;

(i.1)

the spouse or cohabiting partner of a person referenced in paragraph ( i

(

j) a current or former foster parent of the employee or of the employee's spouse or cohabiting partner;

(

k) a current or former foster child of the employee or the spouse or cohabiting partner of that child;

(

l) a current or former ward of the employee or of the employee's spouse or cohabiting partner;

(

m) a current or former guardian of the employee or the spouse or cohabiting partner of that guardian;

(

n) an individual who considers the employee to be like a close relative, whether or not

the individual is related to the employee by blood, adoption, marriage or cohabiting partnership; and

(

o) an individual whom the employee considers to be like a close relative, whether or not

the employee is related to the individual by blood, adoption, marriage or cohabiting partnership.

59/07 s1 ; 19/18 s1 ; 38/22 s5

Back to Top

Definition of "service"

11.2

For the purpose of subparagraph 43.17(b)(ii) of the Act, "service" means "Class "C" Reserve Service" as defined in the Q ueen's Regulations and Orders for the Canadian Forces

made under the authority of the National Defence Act

(Canada).

38/09 s1

Back to Top

Designated communicable disease

11.3

(1) COVID-19 is designated as a communicable disease for the purposes of

Part VII.8 of the Act.

(2) For the purposes of subsection 43.39(3) of the Act, entitlement to communicable disease emergency leave in relation to COVID-19 is considered to have started on March 14, 2020.

22/20 s1

Back to Top

Notice of termination

Section 52 of the Act does not apply to a person employed in the construction industry.

214/93 s12

Back to Top

Non-application of

section 57

Section 57 of the Act does not apply to a contract of service

(

a) that is or has become impossible of performance or is frustrated by a fortuitous or unforeseeable event or circumstance;

(

b) of a person who is laid off after refusing an offer by the persons employer of reasonable alternate work;

(

c) of a person who is laid off after refusing alternate work made available to the person through a seniority system;

(

d) of a person who is on lay-off and does not return to work within a reasonable time after being requested to do so by the persons employer;

(

e) of a person who is laid off or terminated during or as a result of a strike or lock-out at the persons place of employment;

(

f) of a person who is employed in the construction industry;

(

g) of a person who is employed in logging or fishing;

(

h) of a person employed for seasonal production work in a fish plant to supplement the regular work force in peak production periods;

(

i) of a person who is employed under an arrangement whereby the person may elect to work or not for a temporary period when requested to do so;

(

j) of a person who, having reached the age of retirement according to the established practice of the employer, has the persons employment terminated;

(

k) of a person who is employed on an offshore oil well drilling rig; or

(

l) where there is continued or uninterrupted employment of an employee as referred to in

section 6 of the Act.

214/93 s13; 38/22 s6

Back to Top

Repeal

The Labour Standards Regulations, 1993, Newfoundland Regulation 214/93, are repealed.

Queen's Printer