BILL NO. 221
(as passed, with corrections)
2nd Session, 63rd General Assembly
69 Elizabeth II, 2020
Labour Standards Code
CHAPTER 14 OF THE ACTS OF 2020
The Honourable Labi Kousoulis
Minister of Labour and Advanced Education
First Reading: February 20, 2020 (LINK TO BILL AS INTRODUCED)
Second Reading: February 27, 2020
Third Reading: March 5, 2020
Royal Assent: March 10, 2020
1 Section 7 of Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, as amended by Chapter 14 of the Acts of 1991, Chapter 4 of the Acts of 2003 (Second Session), Chapters 10 and 13 of the Acts of 2006, Chapter 18 of the Acts of 2009, Chapter 37 of the Acts of 2010, Chapter 19 of the Acts of 2011, Chapter 11 of the Acts of 2013, Chapter 11 of the Acts of 2016 and Chapters 13 and 36 of the Acts of 2018, is further amended by adding immediately after clause (a) the following clauses:
- (aa) prescribe a characteristic of an employee for the purpose of the requirement to provide equal pay, in accordance with clause (b) of subsection (1A) of Section 57;
- 7A The Governor in Council may make regulations respecting the establishment and administration of a system of administrative penalties and, without restricting the generality of this power, may
(a) establish penalty amounts and ranges, including maximum amounts and different penalties, ranges or maximum amounts for different types of contravention of this Act or the regulations or different types of orders issued by the Director;
(b) establish different methods of determining the penalties or ranges of penalties referred to in clause (a), including methods based on the nature or frequency of the contravention of this Act or the regulations or the type of order issued by the Director;
- (i) the conditions under which a garnishment order may be made by the Director,
- (i) the effect at law of a lien or charge so placed, including its priority relative to other liens, charges or mortgages, and
- (i) the circumstances under which a review may be requested,
- (A) the remedies available to the Board,
4 Subsection 21(3) of Chapter 246, as amended by Chapter 14 of the Acts of 1991, Chapter 7 of the Acts of 2003 (Second Session), Chapter 37 of the Acts of 2010 and Chapter 19 of the Acts of 2011, is further amended by adding immediately after clause (a) the following clause:
- (aa) pay an administrative penalty in accordance with the regulations;
- (ha) that person has discussed or disclosed information within the workplace about that person's wages or the wages of another employee as permitted by this Act;
- (1) In this Section and Section 58,
(a) "substantially the same work" means substantially the same work performed in the same establishment, the performance of which requires substantially equal skill, effort and responsibility, and that is performed under similar working conditions;
- (i) a female employee,
- (d) another differential based on a factor other than gender or a characteristic prescribed by the regulations.
- (5) Notwithstanding any provision of this Section, an employer may not compel an employee to identify the gender or a characteristic prescribed in the regulations of the employee or another employee.
- 57A (1) A prospective employer shall not
(c) acknowledges in the written authorization that the prospective employee has determined that it is beneficial to the prospective employee to disclose the prospective employee's wage history to the prospective employer.
57B (1) Subject to subsection (2), no employer shall prohibit, as a condition of employment, an employee from discussing or disclosing information within the workplace about the employee's wages or the wages of another employee.
(2) An employer or an employee whose job functions relate directly to the employer's finances or human resources may not disclose information relating to the wages of any employee of the employer unless(d) the wage information is required to be disclosed by law.
- 58 (1) An employee
(2) Subsection 85(3A) of Chapter 246, as enacted by Chapter 14 of the Acts of 1991 and amended by Chapter 37 of the Acts of 2010 and Chapter 19 of the Acts of 2011, is further amended by striking out "Board" in the last line of clause (a) and in the last line of clause (d) and substituting in each case "Director".
(3) Subsection 85(4) of Chapter 246, as amended by Chapter 37 of the Acts of 2010, is further amended by striking out "Board" in the second and in the fifth lines and substituting in each case "Director".
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