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Employment standards

To ensure that employees are treated fairly, the federal and provincial governments have established employment standards with regard to:

• Minimum wage
• Annual vacations and other types of leave
• Public (statutory) holidays
• Hours of work, including standard hours, overtime and emergency requirements

If your business is in a federally regulated industry, you need to comply with federal employment standards. The industry sectors that are regulated federally are:

• Banks
• Marine shipping, ferry and port services
• Air transportation, including airports, aerodromes and airlines
• Railway and road transportation that involves crossing provincial or international borders
• Canals, pipelines, tunnels and bridges (crossing provincial borders)
• Telephone, telegraph and cable systems
• Radio and television broadcasting
• Grain elevators, feed and seed mills
• Uranium mining and processing
• Businesses dealing with the protection of fisheries as a natural resource
• Many First Nation activities
• Most federal crown corporations
• Private businesses necessary to the operation of a federal act

If your business is not in one of these sectors, you have to comply with provincial or territorial employment standards.

If your employees are unionized, there may be additional standards set out in their collective agreement that go above and beyond what is required by law.

General information on employment standards

These documents provide general information on all aspects of labour standards.

• Federal Labour Standards (Federally Regulated Employers)
  
  http://www.hrsdc.gc.ca/eng/labour/employment_standards/federal/index.shtml
  If you are a federally regulated employer, know the obligations you have to your employees regarding wages, deductions, working hours, vacation, statutory holidays, termination, benefits and compliance.
• Provincial and Territorial Ministries of Labour
  
  http://www.hrsdc.gc.ca/eng/labour/employment_standards/regulated.shtml
  If your business is not federally regulated, you must comply with labour standards specified by your provincial or territorial government.
• Newfoundland and Labrador Employers' Council
  
  http://www.nlec.nf.ca/
  Get support on employer issues such as labour legislation, workers' compensation, occupational health and safety, regulations and standards.
• Labour Relations Agency (Newfoundland and Labrador)
  
  http://www.hrle.gov.nl.ca/lra
  Get information on labour standards, assistance with resolving workplace issues or help with collective agreements.
• Labour Relations Agency — Frequently Asked Questions (Newfoundland and Labrador)
  
  http://www.gov.nl.ca/lra/faq/index.html
  Find labour standards information for Newfoundland and Labrador, including minimum wages, deductions, working hours, vacation, and benefits.
• Employment Standards (New Brunswick)
  
  http://www2.gnb.ca/content/gnb/en/departments/post-secondary_education_training_and_labour/labour.html
  Find out about employment rules, such as minimum wage, overtime pay, vacations with pay and sick leave.
• Guide to the Labour Standards Code of Nova Scotia
  
  http://gov.ns.ca/lwd/employmentrights/docs/LabourStandardsCodeGuide.pdf
  This clear, everyday language version of the Labour Standards Code outlines everything from overtime rules to notice requirements when an employee quits.
• Employment Rights (Nova Scotia)
  
  http://gov.ns.ca/lwd/employmentrights/
  Both employees and employers have rights and responsibilities under Nova Scotia's Labour Standards Code. This site outlines all rules and regulations in detail.
• Human resources (Quebec) (only available in French)
  
  http://www2.gouv.qc.ca/entreprises/portail/quebec/ressourcesh?lang=fr&g=ressourcesh
  Keep informed of your rights and responsibilities when hiring and managing employees, as well as when their employment ends.
• Commission des normes du travail du Québec
  
  http://www.cnt.gouv.qc.ca/en/home/index.html
  If you are a business owner, you must familiarize yourself with and comply with Quebec labour standards and the acts and regulations governing them.
• Employment Standards (Manitoba)
  
  http://www.gov.mb.ca/labour/standards/factsheet.html
  Make sure you understand your right as a business owner and your responsibility to your employees regarding minimum wage, keeping records, dress code, termination, hours of work, general holidays and maternity/parental leave.
• Labour Standards Permits, Licences and Variances - Saskatchewan
  
  http://www.lrws.gov.sk.ca/labour-standards-permits-licences-variances
  As an employer, you need to get permission to deviate from the rules and regulations of the Labour Standards Act in Saskatchewan.
• Labour Standards (Saskatchewan)
  
  http://www.lrws.gov.sk.ca/labour-standards
  If you are a provincially-regulated employer, make sure you understand the obligations you have to your employees regarding wages, working hours, vacation, statutory holidays, termination, benefits and compliance.
• A Guide to Labour Standards in Saskatchewan – Rights and Responsibilities
  
  http://www.lrws.gov.sk.ca/rights-responsibilities
  As an employer in Saskatchewan, know your rights and responsibilities related to labour standards.
• The Labour Standards Act - Saskatchewan
  
  http://www.qp.gov.sk.ca/documents/English/Statutes/Statutes/L1.pdf
  If you are an employer in a non-federally regulated sector in Saskatchewan, know the employment and labour standards with which you must comply.
• Alberta employment standards
  
  http://employment.alberta.ca/SFW/996.html
  Find rules regarding wages, hours of work, overtime, vacations and other leave, termination of employment, and employees under 18 years of age.
• Employment Standards (Yukon)
  
  http://www.community.gov.yk.ca/labour
  Make sure you understand your rights as a business owner and your responsibility to your employees regarding minimum wage, equal pay, keeping records, termination, hours of work, general holidays, vacation pay and maternity/parental leave.

Sector-specific employment standards

• Federal construction contracts
  
  http://www.hrsdc.gc.ca/eng/labour/employment_standards/contracts/index.shtml
  Learn about the labour conditions that you must meet in order to win construction contracts with the federal government.
• Managing Retail Workers in Ontario
  
  http://www.labour.gov.on.ca/english/es/pubs/guide/retail.php
  Learn what your responsibilities are for managing retail workers in Ontario.
• Hiring and Managing a Homeworker in Ontario
  
  http://www.labour.gov.on.ca/english/es/pubs/factsheets/fs_homeworkers.php
  Learn what a homeworker (someone doing work for you out of his or her own home) is and understand your responsibilities as the employer.
• A Retailer's Guide to Labour Standards in Saskatchewan
  
  http://www.aeei.gov.sk.ca/retailer-guide-labour-standards-saskatchewan
  As a retailer with employees, know your rights, responsibilities and obligations under the Saskatchewan Labour Standards laws.
• Labour Standards for the Restaurant and Food Industry - Saskatchewan
  
  http://www.aeei.gov.sk.ca/Default.aspx?DN=7daf792b-94d9-4eaa-be72-06ff451ce991
  If you are an employer in the restaurant and foodservices industry in Saskatchewan, know your rights, responsibilities and obligations under the Saskatchewan Labour Standards laws.
• A Guide to Employment Standards in Agriculture (Manitoba)
  
  http://www.canadabusiness.ca/eng/summary/2713/
  Applies to: Manitoba
  Are you an agri-business employer? Learn more about your rights and responsibilities.

Wages and Payroll ↑ top of page

As an employer, you are required to pay your employees at least the minimum wage established for the province or territory. For most occupations, there is one hourly minimum wage that applies. However, there are some exceptions for young workers and people in specific occupations. When paying your employees, you will also need to take off taxes and other deductions and remit them to the government.

To find out more about wages and payroll requirements, browse these resources:

• Wages, Pay and Deductions (Federally Regulated Employers)
  
  http://www.hrsdc.gc.ca/eng/labour/employment_standards/federal/wages/index.shtml
  If your business is federally regulated, you must comply with these requirements regarding minimum wage, overtime pay, holiday pay, vacation pay, severance pay, deductions from pay cheques and pay periods.
• Current and Forthcoming Minimum Hourly Wage Rates for Experienced Adult Workers
  
  http://srv116.services.gc.ca/dimt-wid/sm-mw/rpt1.aspx?lang=eng
  This document lists the current minimum wage in each province and territory, and also lists any planned increases to the minimum wage.
• Current and Forthcoming Minimum Wage Rates for Young Workers and Specific Occupations
  
  http://srv116.services.gc.ca/dimt-wid/sm-mw/rpt3.aspx?lang=eng
  This document lists the wage rates for certain groups of people to whom the general minimum wage does not apply. These wages are sometimes listed as hourly and sometimes as a daily, weekly or monthly rate.
• Calculation tools for employees
  
  http://www.cnt.gouv.qc.ca/en/on-line-services/calculation-tools-for/index.html
  Find calculators to help you determine the amounts to which your employees are entitled.
• Minimum Wage in Ontario
  
  http://www.labour.gov.on.ca/english/es/pubs/guide/minwage.php
  Find out about minimum wage regulations and make sure you are paying your employees the right rate.
• Pay and Wages (Nova Scotia)
  
  http://gov.ns.ca/lwd/employmentrights/pay.asp
  Here is your source for questions you may have about paying your employees, including information on minimum wage, overtime and vacation pay.
• Minimum Wage Regulations - Saskatchewan
  
  http://www.qp.gov.sk.ca/documents/English/Regulations/Regulations/L1R8.pdf
  If you are a provincially regulated employer, know the obligations you have to your employees regarding minimum wage.
• Employer Payroll Responsibilities
  
  http://www.cra-arc.gc.ca/tx/bsnss/tpcs/pyrll/menu-eng.html
  Important information on deducting Canada Pension Plan contributions, Employment Insurance (EI) premiums and income tax from income your employees pay, and reporting them to the Canada Revenue Agency.
• Employer Responsibilities — The Payroll Steps
  
  http://www.cra-arc.gc.ca/tx/bsnss/tpcs/pyrll/hwpyrllwrks/stps/menu-eng.html
  As an employer, you must follow a number of steps for managing your employees' payroll. Understand your obligations.
• Benefits and allowances
  
  http://www.cra-arc.gc.ca/tx/bsnss/tpcs/pyrll/bnfts/menu-eng.html
  If you decide to provide your employees with any financial benefits, you may have to deduct taxes from that benefit.
• Introduction to Pay Equity in Ontario
  
  http://www.payequity.gov.on.ca/en/resources/pe_guidelines/ge_1.php
  Did you know if you employ ten or more people, your business must pay your male and female employees the same salary for equal or comparable work?
• Hiring and Managing Domestic Workers
  
  http://www.canadabusiness.ca/eng/summary/2850/
  Applies to: Ontario
  Do you employ domestic workers? Learn what your responsibilities are as an employer.
• Source deductions and contributions
  
  http://www.revenuquebec.ca/en/entreprise/retenues/
  As an employer, you are required to make contributions to the Quebec Pension Plan for all employees aged 18 and over.
• Guide for Employers: Source Deductions and Contributions
  
  http://www.revenu.gouv.qc.ca/en/sepf/formulaires/tp/tp-1015_g.aspx
  Obtain information on the source deductions that you must make when you have paid employees.
• Northwest Territories Payroll Tax
  
  http://www.canadabusiness.ca/eng/summary/3548/
  Applies to: Northwest Territories
  If you are an employer in the Northwest Territories, you need to register with the Department of Finance within the first 21 days of your first payroll cycle.
• Act to Promote Workforce Skills Development and Recognition (only available in French)
  
  http://emploiquebec.net/entreprises/formation/loi-competences/index.asp
  If your annual payroll exceeds $1,000,000, you must invest at least 1% in employee training.

Hours of Work and Overtime ↑ top of page

There are provincial and territorial standards that set out the number of hours an employee can be required to work per day and per week. The standards on hours of work also set out rules for meals and break periods. These standards apply to most employees and most situations. However, there are some exceptions and specific rules for overtime, emergencies and certain professions or job functions.

• Hours of Work (Federally Regulated Employers)
  
  http://www.hrsdc.gc.ca/eng/labour/employment_standards/federal/hours_work/index.shtml
  Learn about the requirements for hours of work and overtime for federally regulated employers.
• Hours of Work (Ontario)
  
  http://www.labour.gov.on.ca/english/es/pubs/guide/hours.php
  Find out about the requirements for hours of work and overtime pay for your employees.
• Breaks, Hours of Work (Nova Scotia)
  
  http://gov.ns.ca/lwd/employmentrights/hours.asp
  Find out everything you need to know about Nova Scotia regulations on hours of work, break requirements, the right for employees to refuse unsafe work, and more.

Public Holidays ↑ top of page

In most cases, you will need to pay your employees for public holidays. The list of public holidays and the specific rules regarding public holidays are set out in provincial and territorial labour standards.

• Statutory Holidays (Federally Regulated Employers)
  
  http://www.hrsdc.gc.ca/eng/labour/employment_standards/federal/holidays.shtml
  This document outlines the standards on general holidays for federally regulated businesses.
• Your Employees and Public Holidays (Ontario)
  
  http://www.labour.gov.on.ca/english/es/pubs/guide/publicholidays.php
  Learn about the rights of your employees during Ontario public holidays, including rules for specific industry sectors.
• Vacation and holidays (Nova Scotia)
  
  http://gov.ns.ca/lwd/employmentrights/vacation.asp
  Learn about the vacation pay and designated holidays to which your employees are entitled.

Vacation and Other Types of Personal Leave ↑ top of page

As an employer, you will also have to follow provincial and territorial labour standards relating to personal leave. The types of leave and exact terms used to describe them vary across the country, but generally include: vacation leave, sick leave, bereavement leave and leave to take care of sick family members.

• Leave (Federally Regulated Employers)
  
  http://www.hrsdc.gc.ca/eng/labour/employment_standards/federal/leave/index.shtml
  Learn about the leave options that federally regulated employers must make available to their employees.
• Your Military Leave Policy
  
  http://www.cflc-clfc.forces.gc.ca/mlp-pcm/mlpg-gprc-eng.asp
  Find out how to develop a military leave policy to support the training of any reservists or Canadian Rangers on your staff.
• Leaves from Work (Nova Scotia)
  
  http://gov.ns.ca/lwd/employmentrights/leaves.asp
  Find out about your obligations under the Nova Scotia Labour Code with regards to these types of leave: pregnancy/parental, bereavement, court, compassionate care, Canadian Forces Reservists' leave and sick days.
• Vacation Time and Pay (Ontario)
  
  http://www.labour.gov.on.ca/english/es/pubs/guide/vacation.php
  If you are an employer in Ontario, this document will help you understand your responsibilities with regard to providing vacation time for your staff.
• Personal Emergency Leave (Ontario)
  
  http://www.labour.gov.on.ca/english/es/pubs/guide/emergency.php
  Learn what your responsibilities are as an employer, when providing employees with personal emergency leave.
• Family Medical Leave (Ontario)
  
  http://www.labour.gov.on.ca/english/es/pubs/guide/family.php
  Learn what your responsibilities are as an employer, when providing employees with family medical leave.
• Employment Insurance Benefits for Self-Employed People
  
  http://www.servicecanada.gc.ca/eng/sc/ei/sew/index.shtml
  Are you self-employed? If you think you may wish to access maternity, parental, sickness or compassionate care benefits through the employment insurance program, you need to start paying into it a year in advance.

Maternity and Parental Leave ↑ top of page

All provinces and territories in Canada give parents the right to take leave from work when they become parents. The exact amount of leave and type of leave that employees are entitled to may vary slightly by province or territory, but is generally:

• 15 weeks of pregnancy/maternity leave (must be taken by the mother), plus 35 weeks of parental leave (can be used by either the mother or father, or split between both) for birth parents
• 37 weeks of parental leave for adoptive parents

In addition to being able to take time off, your employees may be eligible for benefits through the Employment Insurance Program (for all provinces/territories except Quebec) or the Quebec Parental Insurance Program.

EI or QPIP benefits only cover a portion of your employee's usual salary when on leave. As an employer, you can choose to add to those benefits. While this is not required, offering additional maternity or parental leave benefits, like other types of benefits offered by employers, can help you recruit and retain top talent.

You need to issue your employee a Record of Employment at the beginning of the leave period.

• Maternity-Related Reassignment and Leave, Maternity Leave and Parental Leave (Federally Regulated)
  
  http://www.hrsdc.gc.ca/eng/labour/employment_standards/publications/maternity/page00.shtml
  Information for federally regulated businesses on maternity-related job modifications, and maternity and parental leave.
• Supplement to Employment Insurance (EI) Maternity, Parental and Compassionate Care Benefits
  
  http://www.servicecanada.gc.ca/eng/ei/employers/supplements.shtml
  Find out about the requirements for establishing a program to top up your employees maternity and parental benefits.
• Providing Parental and Pregnancy Leave for your Employees (Ontario)
  
  http://www.labour.gov.on.ca/english/es/pubs/guide/pregnancy.php
  Learn about your responsibilities, as an Ontario employer, when giving your employees parental or pregnancy leave.
• Record of Employment on the Web (ROE Web)
  
  http://www.canadabusiness.ca/eng/summary/1440/
  Applies to: All of Canada
  Use this secure application to create, submit and print Records of Employment (ROEs) via the Internet in preparation for the interruption of employee earnings.
• Québec Parental Insurance Plan
  
  http://www.rqap.gouv.qc.ca/index_en.asp
  Like your employees, you may be eligible for workers' benefits for maternity, paternity, adoption or parental leave.
• Pregnancy, Parenting and the Workplace - Saskatchewan
  
  http://www.shrc.gov.sk.ca/pdfs/publications/PPW_Imposition.pdf
  As an employer or employee in Saskatchewan, know your rights and obligations concerning maternity, adoption and parental leave.
• Leaves from Work (Nova Scotia)
  
  http://gov.ns.ca/lwd/employmentrights/leaves.asp
  Find out about your obligations under the Nova Scotia Labour Code with regards to these types of leave: pregnancy/parental, bereavement, court, compassionate care, Canadian Forces Reservists' leave and sick days.
• Employment Insurance Benefits for Self-Employed People
  
  http://www.servicecanada.gc.ca/eng/sc/ei/sew/index.shtml
  Are you self-employed? If you think you may wish to access maternity, parental, sickness or compassionate care benefits through the employment insurance program, you need to start paying into it a year in advance.