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Copyright © 2000: Queens Printer,
Revised Statutes of Newfoundland 1990
AN ACT RESPECTING THE DEPARTMENT OF EMPLOYMENT AND LABOUR RELATIONS
1. This Act may be cited as the Department of Employment and Labour Relations Act.
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2. In this Act
(a) "department" means the Department of Employment and Labour Relations constituted by this Act;
(b) "deputy minister" means the Deputy Minister of Employment and Labour Relations appointed under this Act; and
(c) "minister" means the Minister of Employment and Labour Relations referred to in section 3.
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3. (1) There shall be a department of the government called the Department of Employment and Labour Relations over which the Minister of Employment and Labour Relations appointed by the Lieutenant-Governor by commission under the Great Seal of the province shall preside.
(2) The minister has the management and direction of the department and holds office during pleasure.
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4. (1) The Lieutenant-Governor in Council may appoint an officer called the Deputy Minister of Employment and Labour Relations.
(2) The deputy minister shall be the deputy head of the department and shall hold office during pleasure.
(3) Where there is no deputy minister or the deputy minister is absent, and unless otherwise provided by the Lieutenant-Governor in Council, an officer named by the minister has the powers and shall perform the duties of the deputy minister.
(4) Those other officers and employees that are necessary for the proper conduct of the business of the department shall be appointed or employed in the manner authorized by law, but the minister may temporarily employ those technical and other assistants that the minister considers necessary.
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5. (1) The department shall have a seal which shall be officially and judicially noticed.
(2) Where the official seal of the department is used, it shall be authenticated by the signature of the minister or by the signature of the deputy minister, or, where there is no deputy minister or the deputy minister is absent, by the signature of the person who, under subsection 4(3), has the powers of the deputy minister.
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Powers and duties of minister
6. The powers, functions and duties of the minister extend to and include
(a) the supervision, control and direction of all matters relating to
(i) the establishment of procedures to assist and improve industrial relations,
(ii) minimum wages,
(iii) hours of work and overtime,
(iv) vacations with pay,
(v) industrial and labour standards,
(vi) employment of children,
(vii) shop closing,
(viii) equal pay for equal work,
(ix) fair employment practices,
(x) notice of termination of employment,
(xi) weekly rest,
(xii) payment of workers' wages in cash within a specified time,
(xiii) special conditions for women workers,
(xiv) registration of trade unions,
(xv) the right of employees to organize,
(xvi) conciliation and mediation of industrial disputes,
(xvii) the establishment of measures to foster safe, healthy and reasonably comfortable working conditions,
(xviii) the provision of hygiene and medical services to workers,
(xix) the protection of the health of workers from over-exposure to radiation,
(xx) the protection of the health and safety of workers in mines,
(xxi) occupational health and safety research,
(xxii) the certification of pressure welders and power engineers,
(xxiii) the safe use of electricity,
(xxiv) the accessibility by physically disabled people to buildings,
(xxv) the safe operation of amusement rides,
(xxvi) the survey of designs and specifications of pressure plants and piping and inspection of them,
(xxvii) inspection of elevators and hoists and aerial tramways,
(xxviii) workers' compensation,
(xxix) employment monitoring, placement and mobility services,
(xxx) the monitoring of immigration programs and policies,
(xxxi) special programs and projects for individuals who are without employment and approved affirmative action programs,
(xxxii) labour market adjustment services resulting from disruptions in the labour force,
(xxxiii) in consultation with the Minister of Education
(A) the development and utilization of human resources,
(B) the forecasting of work force needs,
(C) the continuous survey of employment opportunities throughout the province to the end that the provincial labour force is employed to the fullest extent, and
(D) recommending and advising upon training courses for the work force and those entering it, and
(xxxiv) the administration, subject to the Public Service Rearrangements and Transfers of Duties Act, of the Acts set out in the Schedule and of all orders and regulations made under those Acts and of those other Acts, orders and regulations that are designated by the Lieutenant-Governor in Council,
which are not by law or by order of the Lieutenant-Governor in Council assigned to another minister or department of government;
(b) liaison and co-operation with
(i) the Government of Canada or a department, agency or body under the jurisdiction of that government,
(ii) the government of a province in Canada or a department, agency or body under the jurisdiction of the government of a province or under the jurisdiction of the government of this province, or
(iii) a corporation or other body or person
that may be necessary or desirable for carrying out the purpose of this Act;
(c) the undertaking, promotion or recommendation of measures for the development, control and direction of matters referred to in paragraph (a);
(d) the collection, compilation, analyzing and recording of statistical and other information relating to the matters referred to in paragraph (a);
(e) the preparation and publication of statistics, reports, records, bulletins, pamphlets, circulars and other means of disseminating information in relation to the matters referred to in paragraph (a);
(f) the study of, reporting on and advising upon the administration of the matters referred to in paragraph (a);
(g) the consideration of and reporting upon a recommendation for a change in the laws of the province relating to the matters referred to in paragraph (a) that is presented or made by an organization or person;
(h) the making of inquiries into and reports upon legislation respecting matters referred to in paragraph (a) in force in Canada and throughout the world and, on the basis of inquiries and reports, making those recommendations that may be considered advisable with regard to the laws of the province;
(i) the doing of other things or the exercise of other powers that are necessary or desirable for carrying out the purpose of this Act; and
(j) the exercise and discharge of other powers, functions and duties that the Lieutenant-Governor in Council assigns to the minister.
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Consultation and conferences
7. In exercising the minister's powers or carrying out the minister's duties and functions under this Act, the minister may consult with and inaugurate conferences of representatives of those bodies or persons that the minister considers advisable.
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Agreements with governments
8. (1) Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into agreements with the Government of Canada or of a province of Canada or an agency of the Government of Canada or of the government of a province providing for
(a) the joint undertaking by the government of the province or an agency of the government with those governments, or an agency of those governments, of projects relating to an aspect of the powers, functions or duties of the minister; and
(b) the payment by or to the province of contributions in respect of the cost of projects referred to in paragraph (a).
(2) The minister may, for the purpose of this Act, and subject to the approval of the Lieutenant-Governor in Council, prepare and undertake, alone or with Canada or with a province of Canada, programs of research, analysis and investigation, and may coordinate those programs with other similar programs being undertaken in the province or elsewhere in Canada.
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9. Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into an agreement for the purpose of exercising or discharging the minister's powers, functions or duties.
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10. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.
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Prior approval for agreements
11. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 8 or 9, the Lieutenant-Governor in Council may approve terms, conditions and monetary limits subject to which the minister may, without prior approval of the Lieutenant-Governor in Council, enter into agreements under section 8 or 9.
(2) Subject to the terms, conditions and monetary limits approved by the Lieutenant-Governor in Council under subsection (1), the minister may enter into an agreement without the approval of the Lieutenant-Governor in Council.
(3) Where the minister enters into an agreement under subsection (2), the minister may enter into an amending agreement, subject to those same terms, conditions and limits.
(4) Notwithstanding subsection (3), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.
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Implementation of agreements
12. The minister may implement an agreement made under this Act.
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13. In carrying out a project or research program under this Act or in pursuance of an agreement made under this Act, the minister shall, where possible, make use of the services and facilities of other departments of the government.
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Board, committees, etc.
14. The Lieutenant-Governor in Council may establish boards, committees and councils to assist and advise the minister in administering this Act and appoint the members of those boards, committees and councils.
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Minister's power over boards
15. The rights, duties, powers, liabilities and functions of the minister extend and apply to those boards and other public bodies, officials, subjects, services and properties of the Crown that the Lieutenant-Governor in Council designates and assigns to the minister and over which the minister is given the control, regulation, management and supervision.
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16. (1) The Lieutenant-Governor in Council may make regulations
(a) necessary or desirable for the carrying out of the minister's powers, functions and duties under this Act;
(b) providing for the management, maintenance, proper use and protection of real or personal property of which the minister has the management and control; and
(c) generally, to give effect to the purpose of this Act.
(2) The Lieutenant-Governor in Council may, in regulations made under subsection (1), prescribe penalties for contravening those regulations.
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17. (1) An agreement, deed or other writing made or executed under this Act shall not bind the government or the minister or be held to be the act of the government or the minister unless it is signed by the minister or the deputy minister or a person designated under subsection 4(3) to exercise the powers and perform the duties of the deputy minister in the specified circumstances.
(2) Subsection (1) does not apply to transactions in the ordinary course of administering the affairs of the department under this Act.
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18. The minister, the deputy minister or an officer named by the minister under subsection 4(3) may require an account furnished by a person, whether in the employ of the department or not, to be attested on oath or affirmation, which oath or affirmation may be administered by the minister, the deputy minister or an officer referred to in subsection 4(3).
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19. The minister, the deputy minister or an officer named by the minister under subsection 4(3) shall have power to require and take security by way of bond or deposit of money for the performance of work in accordance with an agreement entered into with the minister or the department or an employee of the department.
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20. Unless otherwise provided by law, all actions, suits and other proceedings taken by the minister or the department for the enforcement of an agreement or for the recovery of damages in tort or arising out of contract or for the trial of a right in respect of real or other property under the control of the minister shall be instituted in the name of the Attorney General.
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Certified copies of documents
21. A copy of a document in the custody of the department, certified by the deputy minister to be a true copy, is considered to be authentic and is, in the absence of evidence to the contrary, evidence of the same legal effect as the original for the purpose of a proceeding in a court or for another purpose.
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22. (1) The minister, for and in the name of the Crown, may acquire by purchase, lease or otherwise and hold, manage and control real or personal property which the minister considers necessary for the purpose of this Act.
(2) The minister may
(a) sell; or
(b) lease or otherwise dispose of for a period and subject to those terms and conditions that the minister may stipulate,
property of which the minister has the management and control.
(3) All money received by the minister in the exercise of the powers conferred on the minister by subsection (2) shall be paid into the Consolidated Revenue Fund.
(4) Where the Crown acquires or disposes of property through the minister, the minister or the deputy minister may execute all documents on behalf of the Crown with his or her signature and official title and with the seal of the department.
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23. Payments required to be made by or on behalf of the Crown under an agreement entered into under this Act or in carrying out this Act or the regulations shall be paid by the Minister of Finance, on the request of the minister, out of the Consolidated Revenue Fund.
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24. (1) A person who contravenes this Act or the regulations is guilty of an offence and is, where no penalty is specifically provided in this Act or the regulations, liable on summary conviction in the case of a 1st conviction to a fine not exceeding $500 and in the case of a 2nd or subsequent conviction for a similar offence to a fine not exceeding $1,000 and, in either case, in default of payment to imprisonment for a term not exceeding 3 months.
(2) For the purpose of subsection (1), a conviction is not considered to be a 2nd or subsequent conviction unless it is in respect of an offence committed within 12 months after a prior offence, and all convictions which are not 2nd or subsequent convictions are considered 1st convictions.
(3) A continuance for a day or a part of a day of the contravention referred to in subsection (1) constitutes a separate offence.
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Consent to prosecution
25. A prosecution under this Act or the regulations shall not be taken except with the written consent of the minister.
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1. Amusement Rides Act
2. Barbers and Hairdressers Shop Closing Act
3. Boiler, Pressure Vessel and Compressed Gas Act
4. Building Contractors Licensing Act
5. Buildings Accessibility Act
6. Elevators Act
7. Emergency Compensation of Employees Act
8. Employers' Liability Act
9. Fishing Industry Collective Bargaining Act
10. Industrial Standards Act
11. Industrial Statistics Act
12. Interns and Residents Collective Bargaining Act
13. Labour Relations Act
14. Labour Standards Act
15. Occupational Health and Safety Act
16. Public Service Collective Bargaining Act
17. Radiation Health and Safety Act
18. Shops Closing Act
19. Teacher Collective Bargaining Act
20. Workers' Compensation Act
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