NEWFOUNDLAND AND LABRADOR
REGULATION 12/18

Labour Standards Regulations (Amendment)
under the
Labour Standards Act
(O.C. 2018-024)

(Filed February 20, 2018)

Under the authority of sections 26 and 27 of the Labour Standards Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John's, February 20, 2018.

Ann Marie Hann
Clerk of the Executive Council

REGULATIONS

Analysis

        1.   S.2 Amdt.
Definitions

        2.   S.8 R&S

              Minimum wage rate

        3.   S.9 Amdt.

              Overtime wage rate

        4.   Commencement

CNLR 781/96
as amended

        1. Section 2 of the Labour Standards Regulations is amended by adding immediately after paragraph (a) the following:

         (a.1)  "annual Consumer Price Index" means the annual Consumer Price Index for Canada (All items) published by Statistics Canada;

 

        2. Section 8 of the regulations is repealed and the following substituted:

Minimum wage rate

        8. (1) Every employer shall pay to every employee an hourly wage rate of not less than the minimum wage rate calculated in accordance with subsection (2).

             (2)  Effective April 1, 2018 and on April 1 of each year after that, the minimum wage rate shall be calculated as follows:

             (a)  the minimum wage rate on March 31 adjusted by the percentage change in the annual Consumer Price Index for the year immediately preceding the year in which the adjustment occurs; and

             (b)  rounding that amount to the nearest $0.05.

             (3)  Notwithstanding subsection (1), where the calculation under subsection (2) results in an amount that is less than the minimum wage rate on March 31 of that year, the minimum wage rate shall not be adjusted and shall remain at the amount of the minimum wage rate on March 31 of that year.

             (4)  Each year the minister shall publish notice of the minimum wage rate in the Gazette within 30 days of the release of the Consumer Price Index for December.  

 

        3. Subsections 9(1) and (2) of the regulations are repealed and the following substituted:

Overtime wage rate

        9. (1) Overtime wages shall be paid at an hourly rate of not less than the amount calculated in accordance with subsection (2).

             (2)  Effective April 1, 2018 and on April 1 of each year after that, the overtime wage rate shall be calculated as follows:

             (a)  the minimum wage rate calculated under subsection 8(2) multiplied by 1.5; and

             (b)  rounding that amount to the nearest $0.01.

         (2.1)  Each year the minister shall publish notice of the overtime wage rate in the Gazette on the same date that the minimum wage rate is published in the Gazette.

Commencement

        4. These regulations come into force April 1, 2018.

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