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Newfoundland and Labrador
Regulation 2005


NEWFOUNDLAND AND LABRADOR REGULATION 11/05

NEWFOUNDLAND AND LABRADOR
REGULATION 11/05

Labour Standards Regulations (Amendment)
under the
Labour Standards Act
(O.C. 2005-034)

(Filed February 18, 2005)

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 15, 2005.

Tim Murphy
Deputy Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.8 R&S
Minimum wage

        2.   S.9 R&S
Interim overtime wage

        3.   Commencement


CNLR 781/96
as amended

        1. Section 8 of the Labour Standards Regulations is repealed and the following substituted:

Minimum wage

        8. (1) Effective June 1, 2005, every employer shall pay to every employee a wage rate of not less than $6.25 an hour.

             (2)  Effective January 1, 2006, every employer shall pay to every employee a wage rate of not less than $6.50 an hour.

             (3)  Effective June 1, 2006, every employer shall pay to every employee a wage rate of not less than $6.75 an hour.

             (4)  Effective January 1, 2007, every employer shall pay to every employee a wage rate of not less than $7.00 an hour.

 

        2. Section 9 of the regulations is repealed and the following substituted:

Interim overtime wage

        9. (1) Effective June 1, 2005, for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not less than $9.38 an hour.

             (2)  Effective January 1, 2006, for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not less than $9.75 an hour.

             (3)  Effective June 1, 2006, for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not less than $10.13 an hour.

             (4)  Effective January 1, 2007, for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not less than $10.50 an hour.

             (5)  Notwithstanding subsections (1), (2), (3) and (4), effective April 1, 2003, for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not less than one and one half an employee’s regular rate of pay to those employees subject to a collective agreement negotiated after December 6, 2001, where the collective agreement, or a letter of understanding, schedule or other correspondence between the employer and a representative of the employees, attached to or forming part of the collective agreement, references an announcement of government that, effective April 1, 2003, these regulations would be amended to require all employers to pay overtime wages at a rate of not less than one and one half an employee’s regular rate of pay, notwithstanding that such an amendment has not come into effect.

             (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.

Commencement

        3. These regulations come into force on June 1, 2005.