Bill 28 (Legislature 5, Session 5)

L5 S5 9968

Alberta — Bills

BILL No. 28 OF 1925. A BILL RESPECTING MINIMUM WAGES FOR WOMEN. NOTE. This Bill is largely a reprint of The Minimum Wage Act. Most of the changes are in the direction of giving specific legislative endorsement to the practices of the Board, which, thongh properly authorized by the old Act were not clearly set out therein. The major changes from that Act are as follows: 1. It is made clear, that the Board can determine with greater freedom as to what class of employees or class of employment the minimum wages are to affect. Thus it is made clear that a process such as box-folding, which might be common to many trades, can be treated as a separate em ployment. (See

Sec. 2 (c), (d).) 2. It is mad~ clear that if an order' does not state to what place it is applicable, it shall be taken to be applicable to all the places mentioned in the

schedule to the Act: (Sec. 7(3).) 3. Specific power is given to the Board to authorize de ductions when hours less in number than the ordinary shift are worked, and in cases where meals or lodgings are fur nished in lieu of wages. (Sec. 7 (5).) 4. Specific powers are given to the Board as to fixing . learning periods (Sec. 7 (7) ,) and as to instruction of learn- ers (Sec. 7 (8).) , 5. Provision is made for individual permits for handi capped employees. (Sec. 7 (9).) 6. Signature of orders by the chairman and the secretary is specifically provided for. (Sec. 8 (1) .) 7.

Publication in The Alberta Gazette is to be sufficient notice of the existence and of the terms of the order. (Sec. 8 (2).) 8. Provision is made for the temporary increase of work ing hours on the occasion of a breakdown of machinery, etc. 9. Learners in any industry are not to be called upon to pay premiums. WALTER S. SCOTT, Legislative Counsel. (This note does not form any part of the Bill, and is offered merely as a partial explanation of some of its provisions.)

BILL No. 28 of 1925.

An Act to provide a Minimum Wage for Women. (Assented to , 1925.) H IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. :t. This Act may be cited as "The Minimum Wage Act, 1925."

INTERPRETATION. 2.

In this Act, unless the context otherwise requires, (a) "Apprentice" shall include any person who receives instruction in any trade or occupation; (b) "Board" shall mean the Minimum Wage Board hereby created; (e) "Class of employees" shall mean any class of em . ployees in any class of employment or any body of 'employees which at the uncontrolled discretion of the Board may be determined by it to be a class of employees within the meaning of this Act; (d) "Class of employment" shall mean any trade or occupation or any b.ranch of work in any trade or occupation, or any process in any trade or occupa tion, or in any number of trades or occupations, or any work which at the uncontrolled discretion of the Board may be determined by it to be a class of employment within the meaning of this Act; (e) "Employee" shall mean a female worker employed in any trade or occupation, except domestic servants in private houses; (f) "Employer" shall include every person, firm or cor poration, agent, manager, representative, contractor, sub-contractor or other person responsible directly or indirectly for the payment of wages to an em ployee; (g) "Minister" shall mean the Minister of Public Works; (h) "Wages" shall include all wages and salary.

2 MINIMUM WAGE BQARD. 3.-

(1) The Lieutenant Governor in Council may appoint three members to constitute a Minimum Wage Board, one of whom shall be appointed as representing the employers, the second as representing the employed, and the third as representing the Province at large.

(2) The Lieutenant Governor in Council shall also name one Of the members as chairman of the Board.

(3) Two members of the Board shall constitute a quorum. POWERS OF THE BOARD. 4. The Board may inquire into the conditions prevailing in any class of employment and the scale of wages payable therefor, and in conducting such inquiry shall have all the powers conferred upon. a commissioner under The Pubz.ic Inquiries Act. 5.-(1) . The Board may at any time direct a conference between representatives of employees and employers in any class of employment, for the purpose of reaching an agree ment as to the minimum wage which ought to be paid in· that ~lass of employment, and as to any matter referred to in

section 9 hereof.

(2) Every such conference shall consist of an equal num ber of representatives of employees and employers approved of by the Board and of the chairman of the Board sitting as chairman of the conference.

(3) Such number shall be fixed by the Board.

(4) The chairman shall not vote. 6. The agreement, if any, arrived at by a majority of the conference shall be submitted in writing to the Board, but a minority report may also be made. . 7.-

(1) The Board may at any time by an order,' and whether a conference has been held under the provisions of this Act or not, fix minimum wages and direct that no em-, ployer affected thereby shall employ any employee affected thereby at a rate of wages less than that fixed therein.

(2) The wages may be fixed so as to apply universally to a trade or occupation or so as to apply to any class of employment or to ,any special area, and the Board may fix different wages for any place or places mentioned in the

schedule hereto.

(3) Any such order shall apply to all the places desig nated in

schedule A, unless its operation is by its terms' expressly restricted to one or more such places.

(4) Any such order 'or further or other order of the Board may provide for a minimum wage per hour, day or week.

(5) Any such order or further or other order of the Board may provide for making deductions from the mini mum wage in the' event of the employment of the employees affected being for a less number of hours than a number of hours therein fixed, or in any case where meals or lodging are furnished in lieu of wages or in any similar case.

(6) Any such order or further or other order of the Board may fix a minimum wage for overtime in excess of the periods of employment or shifts fixed by the Board or cus tomary in the class of employment affected by the order.

(7) Any such order or further or other order of the Board may fix a series of minimum wages to come into operation successively on the expiration of specified periods, and may make such series applicable in respect of a series of periods of learning or apprenticeship.

(8) Where the Boardmakes an order fixing a minimum wage with regard to a class of emplo;rees who are learning any class of employment, it may also make such order as it may think necessary for securing the effective instruction of such employees.

(9) If the Board is satisfied that any employee or person desiring to become an employee in any class of employment with respect to which a minimum wage has been fixed is affected by any infirmity or physical injury which renders her incapable of earning the minimum wage, it may, if it thinks fit, grant to such, employee a permit exempting the . employment of such worker from the operation of the pro visions of this Act relating to the payment of wages at less than the minimum rate and while the permit is in force the employer shall not be liable for paying wages to the employee at a rate less than the minimum rate, so long as the condi tions as to payment, hours or any other matters whatsoever which may be prescribed by the Board on the grant of the permit are complied with.

(10) The Board may at any time vary, suspend or cancel any order made by it and such power shall include the power to vary or suspend so that the variation or suspension shall be operative only during a specified period.

(11) The provisions of The Factories Act as to a mini mum wage and any other, statutory provision with regard thereto shall not be applicable to any employee in respect of whom a minimum wage has been fixed by this Act. 8.-

(1) Any order made under the provisions of the pre ceding

section shall be signed by the chairman and the secre tary, and shall become operative at the date of the publica- tion thereof in The Alberta Gazette or at such later date as may be named in the said order.

(2) All persons affected by the said order shall after such pUblication be deemed to have notice of the existence and of the terms of such order. 9.-

(1) The Board, with the approval of the Lieutenant Governor in' Council, may fix periods of employment and shifts for different classes of employees, and in so doing may determine the time or times to be' allowed for meals.

(2) Wherever any periods of employment or shifts are determined by the Board under the provisions of this Act, such determination shall supersede the provisions of The Factories Act, with regard to shifts, and of any orders made thereunder.

(3) Where by reason of the season of the year or other wise it seems advisable,the Board may temporarily increase the working hours for any class of employees and determine the rate at which such overtime shall be remunerated, and may temporarily increase the number of apprentices which may be employed in any trade or occupation. ( 4) Where by reason of a breakdown in machinery or any other uncontrollable emergency whatsoever it seems advisable the Minister may temporarily increase the working hours for any class of employees. 10.

The Minister may appoint inspectors or authorize any person to enter upon any premises whereon any em ployee is employed and to question any employee apart from her employer with the object of ascertaining whether any order made under this Act is being carried out, and shall be charged with the general administration of this Act: 11.-

(1) After an order fixirtg a minimum wage has become operative all employers shall in cases to which such wage is applicable pay wages at not less than the minimum wage, and if any employer fails to do sO' he shall be liable upon

summary conviction to a penalty not exceeding five hundred dollars and costs and not less than twenty-five dollars and costs, and shall also upon conviction be ordered to pay to the employee or employees concerned the difference between the wages actually received by her or them and the minimum wage fixed by the Board.

(2) In default of his making payment of any penalty or any sum ordered' to be paid to an employee, the 'employer shall be imprisoned for a period not exceeding six months and not less than two months. 12. Every employer who contravenes or fails to comply with any order made by the Board other than an order fixing a minimum wage, or hinders or prevents the entry of an in spector or other authorized person upon any premises, or ,contravenes or fails to comply with any provision of this Act or any regulation made thereunder, shall, upon

summary conviction, be liable-

5 (

a) for a first offence, to a penalty of not less than twenty dollars, nor more than OIle hundred dollars and costs; , . (

b) for a second offence, to a penalty of not less than seventy-five dollars, nor more than two hundred . 'and fifty dollars' and costs; (

c) for a third offence, to a penalty of not less than one hundred dollars, nor more than five hundred dollars and' costs, with or without imprisonment for a . period not exceeding one month. 1.3.~

(1) No employer shall discharge or threaten to dis tharge, or in any manner discriminate, against any employee because such employee has testified or is about to testify in any investigation or proceedings permitted or prescribed by this Act.

(2) Every employer contravening the provisions of this

section shall be liable to the same penalty as if he had dis~ obeyed an order of the Board. 14. Every employer shall keep a register oLthe names and addresses, the working hours and the actual earnings of all his. employees and shall on request permit any in spect"or or other person authorized by the. Minister to inspect and examine the same. 15. Every employer shall upon request give to any ap prentice who has been employed by him and has left his employment a written statement of the time of such em ployment. 16.

Where an employee being a person to whom a mini mum wage fixed by the Board applies is an apprentice or learner her employer shall not receive directly or indirectly from her or on her behalf or on her account any payment by way of premium: Provided that nothing in the foregoing provision shall apply to any such payment duly made in pursuance of any instrument of apprenticeship not later than four weeks after the commencement of the employment. AGREEMENTS. 17.

Every agreement by an employee to work ;for less than the minimum wage fixed by the Board with respect to the trade or occupation in which she is engaged shall have effect as if that minimum wage were stipulated for therein.

6 REGULA TJONS: 18.-

(1) Tl;1e Lieutenant Governor in Council may make regulations- (a) (b) (c) (

d) as to the obtaining of information from employers and employees necessary or useful in carrying out the objects of this Act; defming and limiting the number of handicapped employees, part time employees and apprentices or learners who may be employed in any trade or occupation; as to the payment of expenses. witness fees a»d other charges which are necessarily or usefully I"n curred in carrying out· the provisions of this 4Ct; calculated to effectuate the objects of this Act a,pd not contrary thereto. I

(2) Every such regulation when published in The Alberta Gazepte shall have the ·same effect as if enacted by this Act. 19. The Minimum Wage Act, being

chapter 181 of the Revised Statutes of Alberta, 1922, is hereby repealed, but all orders and regulations made thereunder shall continue to be operative until they are duly revoked by the Board or the Lieutenant Governor in Council, as the case may be. 20. This Act shall come into force on the day it is assented to.

SCHEDULE A. Calgary Edmonton Lethbridge Medicine Hat Red Deer Wetaskiwin (Section 7.) Blairmol'e Cam rose Cardston Coleman Drumheller Redcliff.

No. 28. FIFTH SESSION FIFTH LEGISLATURE 15 GEORGE V 1925 BILL

An Act to provide a Minimum Wage for Women. Recei ved and read the First time .................... . Second time .................. . Third time ................... . RON. MR. Ross. EDMONTON: J. W. JEFFERY, KING'S PRINTER A.D. 1925 Title: 1925 (5th, 5th) Bill 28,

An Act to provide a Minimum Wage for Women

Document details

Collection	Alberta — Bills
Citation	L5 S5 9968
Type	bill
Volume / chapter	L5 S5 9968
Language	en
Format	json
Source	PROVINCIAL
Identifier	fd07fff2bb231ad8c11151fa9252a4768ea87658

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