Canada Labour Code

Marginal note:Minimum wage

• 178 (1) Subject to subsections (2) to (5), an employer shall pay to each employee a wage at a minimum hourly rate that is not less than the rate that is determined in accordance with section 178.1.

• Marginal note:Province of employment

  (2) If the minimum hourly rate that is fixed, from time to time, by or under an Act of the legislature of the province where the employee is usually employed and that is generally applicable regardless of occupation, status or work experience is higher than the minimum hourly rate fixed under subsection (1), an employer shall pay to each employee a wage at a rate that is

  • (a) if the wages of the employee are paid on an hourly basis, not less than that higher minimum hourly rate; or

  • (b) if the wages of the employee are paid on any basis of time other than hourly, not less than the equivalent of the rate under paragraph (a) for the time worked by the employee.

• Marginal note:Wage rate based on age

  (3) For the purposes of paragraph (2)(a), if minimum hourly rates for a province are fixed on the basis of age, the minimum hourly rate for that province is the highest of those rates.

• Marginal note:Minimum on other basis than time

  (4) Where the wages of an employee are computed and paid on a basis other than time or on a combined basis of time and some other basis, the Minister may, by order,

  • (a) fix a standard basis of work to which a minimum wage on a basis other than time may be applied; and

  • (b) fix a minimum rate of wage that in the opinion of the Minister is the equivalent of

    • (i) the minimum rate determined in accordance with subsection (2), if that minimum rate is higher than or equal to the minimum rate determined in accordance with section 178.1, or

    • (ii) the minimum rate determined in accordance with section 178.1, if that minimum rate is higher than the minimum rate determined in accordance with subsection (2).

• Marginal note:Minimum rate fixed by order to be paid

  (5) Except as otherwise provided by or under this Division, the employer shall pay to each employee who is paid on a basis other than time or on a combined basis of time and some other basis a wage at a rate not less than the minimum rate fixed by order under subsection (4).