1. This Order may be cited as the Fair Wages Policy Order.

• 2. (1) The conditions set out in Schedule I shall be observed by all departments with respect to all contracts made on behalf of the Government of Canada for the construction or remodelling of public buildings of all kinds, railways, canals, roads, bridges, locks, dry docks, elevators, harbours, piers, wharves, lighthouses and other works for the improvement and safety of transportation and navigation, rifle ranges, fortifications and other works of defence, dams, hydraulic works, slides, piers, booms and other works for facilitating the transmission of timber, and all other works and properties constructed or remodelled for the Government of Canada.

• (2) The conditions set out in Schedule I shall, as far as practicable, be observed by all departments with respect to all agreements made by the Government of Canada involving the grant or payment of any public moneys of Canada by way of contribution, subsidy, loan, advance or guarantee for any of the purposes mentioned in subsection (1).

• (3) Returns shall be furnished by all departments to the Department of Labour showing the nature of all contracts which have been entered into during the month preceding to which the conditions set out in Schedule I apply, the names and addresses of the contractors, the dates and amounts of the contracts, and the text of the Fair Wages Schedules, if any, inserted in such contracts.

• 3. (1) The conditions set out in Schedule II shall be observed by all departments with respect to all contracts for the manufacture and supply to the Government of Canada of fittings for public buildings, harness, saddlery, clothing and other outfit for the military and naval forces, Royal Canadian Mounted Police, letter carriers and other government officers and employees, mail bags, letter boxes and other postal stores, and any other articles and things that may hereafter be designated by the Governor in Council.

• (2) Returns shall be furnished by all departments to the Department of Labour showing the nature of all contracts which have been entered into during the preceding month to which the conditions set out in Schedule II apply, the names and addresses of the contractors and the dates and amounts of the contracts.

4. The following provisions shall be inserted in all contracts entered into on behalf of the Government of Canada to which by the provisions of this Order the conditions set out in Schedule I or II are applicable:

NON-DISCRIMINATION PROVISION

• (a) In the hiring and employment of workmen to perform any work under this contract, the contractor shall not refuse to employ and shall not discriminate in any manner against any person because

  • (i) of that person's race, national origin, colour, religion, age, sex or marital status,

  • (ii) of the race, national origin, colour, religion, age, sex or marital status of any person having any relationship or association with that person, or

  • (iii) a complaint has been made or information has been given by or in respect of that person relating to an alleged failure by the contractor to comply with subparagraph (i) or (ii).

• (b) If any question arises at any time as to whether or not there has been a failure on the part of the contractor to comply with the provisions of paragraph (a), the Minister or Deputy Minister of Labour or any other person designated by the Minister of Labour for the purpose shall decide the question, subject to paragraph (e), and his decision shall be final for the purpose of this contract.

• (c) The contractor shall make available to the Minister or Deputy Minister of Labour or any person instructed by the Minister or Deputy Minister of Labour to inquire into any complaint of non-compliance with the provisions of paragraph (a) or to otherwise make inquiries as to compliance by the contractor with the provisions thereof, his books and records and shall furnish such additional information as is required for the purposes of the inquiry.

• (d) Failure of the contractor to comply with any of the provisions of paragraph (a) shall constitute a material breach of the contract.

• (e) If the contractor is dissatisfied with a decision under paragraph (b), he may, within 30 days after the decision was made, request the Minister of Labour to refer the question to a judge, and thereupon the Minister of Labour shall refer the question to a judge of a superior, county or district court, whose decision is final for the purposes of this contract.