NEWFOUNDLAND AND LABRADOR
REGULATION 38/22

Labour Standards Regulations (Amendment)
under the
Labour Standards Act
(O.C. 2022-160)

(Filed June 29, 2022)

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, June 17, 2022.

Krista Quinlan
Clerk of the Executive Council

REGULATIONS

Analysis

        1.   S.6 Amdt.
Weekly day of rest

        2.   S.8 R&S
Minimum wage rate

        3.   S.9 R&S
Overtime wage rate

        4.   S.10 Amdt.
Overtime less than 3 hours

        5.   S.11.1 Amdt.
Definition of "family member"

        6.   S.13 Amdt.
Non-application of section 57

        7.   Commencement

CNLR 781/96
as amended

        1. Paragraph 6(b) of the Labour Standards Regulations is repealed and the following substituted:

             (b)  employed in a remote area of the province and who notifies the employer in writing, and does not revoke that notification in writing, that the employee does not wish section 22 of the Act to apply to the employee; or

 

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 Section 8 of the regulations is repealed and the following substituted:

Minimum wage rate

        8. (1) For the period of October 1, 2022 to March 31, 2023 every employer shall pay to every employee a wage rate of not less than $13.70 an hour.

             (2)  For the period of April 1, 2023 to September 30, 2023 every employer shall pay to every employee a wage rate of not less than $14.50 an hour.

             (3)  For the period of October 1, 2023 to March 31, 2024 every employer shall pay to every employee a wage rate of not less than $15.00 an hour.

             (4)  Effective April 1, 2024 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 up to the nearest $0.05.

             (5)  Where the calculation under subsection (4) 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.

             (6)  Commencing in 2024, 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. Section 9 of the regulations is repealed and the following substituted:

Overtime wage rate

        9. (1) For the period of October 1, 2022 to March 31, 2023 for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not less than $20.55 an hour.

             (2)  For the period of April 1, 2023 to September 30, 2023 for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not less than $21.75 an hour.

             (3)  For the period of October 1, 2023 to March 31, 2024 for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not less than $22.50 an hour.

             (4)  Effective April 1, 2024 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(4) multiplied by 1.5; and

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

             (5)  Commencing in 2024, 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.

             (6)  Section 25 of the Act does not apply to a person employed

             (a)  in the planting, cultivating and harvesting of farm produce other than the production of fruit and vegetables in greenhouse and nursery operations;

             (b)  in the raising of livestock; or

             (c)  as a live-in housekeeper or baby-sitter where there is an arrangement by which that employee is entitled to time off with pay for hours worked in excess of 40 hours per week.

 

        4. Section 10 of the regulations is amended by

             (a)  deleting the words "him or her" and substituting the words "the employee"; and

             (b)  deleting the words "his or her" wherever they appear and substituting the word "the".

 

        5. (1) Paragraphs 11.1(h) and (i) of the regulations are repealed and the following substituted:

             (h)  a sibling of a parent of the employee or of the employee's spouse or cohabiting partner;

         (h.1)  the spouse or cohabiting partner of a person referenced in paragraph (h);

              (i)   a child of a sibling of the employee or of the employee's spouse or cohabiting partner;

           (i.1)  the spouse or cohabiting partner of a person referenced in paragraph (i);

 

        6. (1) Section 13 of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the words "the person's".

             (2)  Paragraph 13(c) of the regulations is amended by deleting the words "him or her" and substituting the words "the person".

             (3)  Paragraph 13(i) of the regulations is amended by deleting the words "he or she" and substituting the words "the person".

 

        7. These regulations come into force on October 1, 2022.

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