BILL NO. 53

(j) "minimum wage" means the amount of wages fixed by order of the Minimum Wage Review Committee pursuant to Sections 51 or 52;

32 (1) Where an employee works for an employer at any time during a continuous twelve-month period, the employer, not later than ten months after the twelve-month period ends, shall give the employee an unbroken vacation of at least

(a) two weeks, where the employee has worked for the employer for less than five years;

(b) three weeks, where the employee has worked for the employer for at least five years but less than ten years; or

(c) four weeks, where the employee has worked for the employer for ten years or more.

(2) The employer, at least one week in advance, shall notify the employee of the date the employee's vacation begins and, at least one day before the employee's vacation begins, shall pay the employee an amount at least equal to

(a) four per cent of the employee's wages for the twelve-month period during which the employee established the right to a vacation, where the employee has worked for the employer for less than five years;

(b) six per cent of the employee's wages for the twelve-month period during which the employee established the right to a vacation, where the employee has worked for the employer for at least five years but less than ten years; or

(c) eight per cent of the employee's wages for the twelve-month period during which the employee established the right to a vacation, where the employee has worked for the employer for ten years or more.

(3) Notwithstanding subsection (1), the employer and the employee may by agreement provide for two or more vacation periods if

(a) the periods are in total equal to the number of weeks of vacation the employee is entitled to under subsection (1); and

(b) the periods include an unbroken period of at least one week prior to which the employer gives notice as required by subsection (2) and pays the employee the full amount as required by that subsection.

36A For greater certainty, a part-time employee is entitled to the benefits set out in Sections 32 to 36.

43A (1) In this Section, "part-time employee" means a person who has worked for an employer for at least twenty-six consecutive weeks.

(2) An employer with ten or more full-time equivalent employees may provide the following benefits to part-time employees where the same benefits are provided to full-time employees:

(a) dental;

(b) group life;

(c) accidental death or dismemberment; and

(d) prescription drugs.

(3) A part-time employee who works between fifteen and thirty hours per week is entitled to fifty per cent of the benefits referred to in subsection (2) provided to comparable full-time employees and a part-time employee who works more than thirty hours per week is entitled to one hundred per cent of the benefits referred to in subsection (2) provided to comparable full-time employees.

(4) Where the benefit plans referred to in subsection (2) are determined by a formula based on annual earnings, the same formula shall be used to determine the benefits for part-time employees.

(5) Where a benefit plan referred to in subsection (2) requires a contribution from the employee, contributions required from part-time employees shall be paid in the same manner as contributions are paid by full-time employees and shall be proportional to the benefits received by the part-time employee.

50 (1) There is hereby established a committee to be known as the Minimum Wage Review Committee.

(2) The Minimum Wage Review Committee shall be composed of employee and employer representatives and shall be appointed by the Human Resources Committee.

51 The function of the Minimum Wage Review Committee is to conduct an annual review of the minimum wage and determine the minimum wage for the following year.

52 (1) The minimum wage shall be increased each year by the increase in the Consumer Price Index for the previous year plus two per cent.

(2) Notwithstanding subsection (1), the Minimum Wage Review Committee may increase the minimum wage for a year by an amount greater than the minimum determined pursuant to subsection (1).

(3) Where the Minimum Wage Review Committee increases the minimum wage pursuant to subsection (2), the Committee shall publish the minimum wage and issue a public notice at least three months prior to the new minimum wage taking effect.

53 Every order of the Minimum Wage Review Committee fixing a minimum wage for a year shall be published in the Royal Gazette and shall take effect ten days after it is so published, or on a later day fixed by the Committee and stated in the order.

53A The Minimum Wage Review Committee may

(a) apply the minimum wage so fixed to all employees or to a group or class of employees in any industry, business, trade or occupation, or to any group or class of employees in all or in any two or more industries, businesses, trades or occupations;

(b) fix a different minimum wage to be paid to employees in the same industry, business, trade or occupation in different parts of the Province;

(c) fix a minimum wage applicable only in the part or parts of the Province designated in the order;

(d) fix the minimum wage upon an hourly, daily, weekly or monthly basis;

(e) fix the maximum number of hours of labour for which the minimum wage shall be paid;

(f) fix the minimum wage payable for time worked in excess of the maximum number of hours of work established under clause (e);

(g) fix a special rate of wages for apprentices or inexperienced employees, and limit the number of such employees to whom the special rate may be payable by any employer;

(h) specify when and under what conditions deductions may be made from the minimum wage;

(i) fix the maximum amount, if any, that may be deducted from the minimum wage in cases where the employer furnishes to the employee board, lodging, uniforms, laundry or other services;

(j) prescribe the periods in respect of which wages shall be paid whether daily, weekly, monthly or for any other period, and fix the day upon which the wages payable for any period whether so prescribed or not shall be paid, either generally or with respect to any designated employer, and prescribe the manner in which wages shall be paid;

(k) establish the regular working period and the maximum number of hours of labour that may be worked regularly in any industry, business, trade or occupation, or the part or parts thereof to which the order is applicable;

(l) exempt from the operation of this Act or any order made hereunder any group, class or description of employees or employers in any industry, business, trade or occupation.

53B (1) Five years after the coming into force of Sections 50 to 53 and every five years thereafter, the Minimum Wage Review Committee shall review the formula referred to in subsection (1) of Section 52 and determine the formula to be used for the next five-year period.

(2) Notwithstanding subsection (1), any formula determined pursuant to that subsection shall include an annual increase in the minimum wage to reflect an increase in the Consumer Price Index for the previous year.

(5) For greater certainty, a part-time employee is entitled to the benefits set out in this Section.

59I An employee who is a parent is entitled to an unpaid leave of up to five days per year if the employee must remain at home due to a sudden emergency including, without limiting the generality of the foregoing, the illness of a spouse or child.

(1A) Notwithstanding subsection (1), the maximum number of hours per week during which a person or group of persons may work is forty hours.

(1B) Where a person or group of persons are required to work more hours per week than the maximum referred to in subsection (1A), the employer shall pay the person or group of persons overtime at the rate of one and one half times the person's hourly rate for every hour worked in a week in excess of forty hours.