Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Canada (Ratification: 1935)

Article 3(2)(1)–(2) of the Convention. Association of the social partners in the operation of the minimum wage fixing machinery.

British Columbia, Ontario, and Northwest Territories. In its previous comments, the Committee requested the Government to provide information on the association of the social partners in the operation of the minimum wage fixing machinery in British Columbia, Ontario, and the Northwest Territories. It takes notes of the Government’s indications in its report that: (i) in British Colombia, consultations with workers’ and employers’ organizations were conducted on the 2015 decision to make annual adjustments to the minimum wage in line with the annual change of the consumer price index, and on the minimum wage rates adopted for 2016 and 2017; (ii) in Ontario, a Minimum Wage Advisory Panel comprised, among other members, of representatives of workers’ and employers’ organizations, was appointed in 2013; based on the recommendations of the panel, the Employment Standards Act was amended to provide for annual adjustment of the minimum wage in line with the annual change of the consumer price index, and for a review of the minimum wage and the process for its adjustment every five years; and (iii) in the Northwest Territories, a Minimum Wage Committee comprised, among other members, of representatives of workers’ and employers’ organizations, has been established to provide recommendations to the Minister of Education, Culture and Employment with respect to the adjustment of the minimum wage.

Manitoba, Newfoundland and Labrador, and Saskatchewan. Adjustment of the minimum wage through a pre-established formula. The Committee notes that pursuant to section 7(1) of the Employment Standards Code of Manitoba, section 8(2) of the Employment Standards Regulations of Newfoundland and Labrador, and section 3(4) of the Minimum Wage Regulations of Saskatchewan, the minimum-wage rates in these provinces are adjusted annually in accordance with pre-established formulas of indexation. The Committee requests the Government to indicate how the social partners remain associated with the process of adjustment of the minimum wage where the provincial legislation provides that such adjustment is made through pre-established formulas of indexation.

Article 3(2)–(3). Differentiated minimum wage rates for specific categories of workers. Further to its previous comments, the Committee notes with interest the repeal of the provisions of the Employment Standards Codes of Alberta and Manitoba, which provided for the possibility for the employer to obtain a permit to pay an employee with a disability a wage less than the minimum wage.

Article 4. Supervision and sanctions. Further to its previous comments, the Committee notes with interest the repeal of section 130(1) of the Employment Standards Code of Alberta, which provided for possible sanctions for the worker in case of non-compliance with minimum wage legislation.