1 [Repealed, SOR/99-362, s. 2]

Interpretation

2 The definitions in this section apply in these Regulations.

Act

Act means the Fair Wages and Hours of Labour Act. (Loi)

contract

contract means a contract described in section 3. (contrat)

contracting authority

contracting authority means a department of the Government of Canada or a crown corporation as that term is defined under the Financial Administration Act. (adjudicateur)

contractor

contractor means a person who has entered into a contract with a contracting authority. (entrepreneur)

inspector

inspector has the meaning assigned to that term by Part III of the Canada Labour Code. (inspecteur)

regional director

regional director has the meaning assigned to that term by Part III of the Canada Labour Code. (directeur régional)

Notice

2.1 Any notice or other document required to be sent or given to the regional director for the purpose of these Regulations in respect of a contract shall be sent or given to the regional director whose office is located nearest to the place where the work under the contract is to be carried out.

Application

3 These Regulations apply to every contract made with the Government of Canada through a contracting authority for the construction, remodelling, repair or demolition of any work.

Determination of Fair Wages

• 4 (1) Subject to subsections (3) and (4), where there is a wage rate fixed, from time to time, by or under an Act of the legislature of a province that is applicable in the district in which the work is being performed for the character or class of work, and that rate is generally accepted as current, the fair wage shall be the provincial rate.

• (2) Where there is no wage rate fixed by provincial law for the district, the fair wage shall be equivalent to the average of salaries paid in that district for the character or class of work, based on statistical estimates produced by Statistics Canada from an occupational survey of the construction sector.

• (3) Where the wage rates fixed by provincial law for a district are not generally accepted as current, the fair wages shall be the wage rates determined under subsection (2).

• (4) In no case shall the fair wage rate be less than the minimum hourly rate fixed pursuant to Part III of the Canada Labour Code.

Schedule of Wage Rates

5 The regional director shall prepare a schedule of wage rates that are established pursuant to section 4 for each district under that director’s authority, which shall be made available to the public.

• 6 (1) Every contracting authority shall, before inviting tenders or entering into a contract, notify the regional director in writing of the nature of the proposed contract and the classification of employment or work that is to be required in its execution.

• (2) The regional director shall, on receipt of a notice described in subsection (1), send to the contracting authority a schedule of wage rates described in section 5, appropriate for the district in which the work is to be done.

• (3) The regional director shall inform the contracting authority of any change in the schedule of wage rates referred to in section 5 and the contracting authority shall notify, in writing, each contractor affected by the change in the schedule of wages rates, as soon as practicable.

Hours of Work

6.1 The hours of work in a day and in a week, including the hours of work in excess of which a person shall be paid for at an overtime rate at least equal to one and one half times the fair wage, shall be the hours of work for the province in which the work is being performed as set out, from time to time, in an Act of that province.

Provisions to Be Included in Contracts

Fair Wages

• 7 (1) There shall be included in every contract a provision that all persons employed by the contractor or subcontractor or other person doing or contracting to do the whole or any part of the work of the contract shall be paid fair wages.

• (2) Where the contract contains a schedule of wage rates, there shall be included in the contract a provision that, where the contractor receives notice from the contracting authority of any change in wage rates, the contractor will pay not less than the changed wage rate beginning on the first day after receipt of the notice of the change in wage rates.

8 There shall be included in every contract a provision that, where there is no wage rate for a particular character or class of work, the contractor will pay wages for that character or class of work at a wage rate not less than the rate established under section 4 for an equivalent character or class of work.

Non-discrimination

9 There shall be included in every contract a provision that in the hiring and employment of workers to perform any work under the contract, the contractor will not refuse to employ and will not discriminate in any manner against any person because

• (a) of that person’s race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, disability, conviction for which a pardon has been granted, or family status;

• (b) of the race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, disability, conviction for which a pardon has been granted, or family status of any person having a relationship or association with that person; or

• (c) a complaint has been made or information has been given in respect of that person relating to an alleged failure by the contractor to comply with paragraph (a) or (b).

10 [Repealed, SOR/99-362, s. 5]

Withholding Payment

• 11 (1) There shall be included in every contract a provision that the contractor shall not be entitled to payment of any money otherwise payable under the contract until the contractor has filed with the contracting authority in support of the claim for payment a sworn statement including the following:

  • (a) that the contractor has kept the books and records required to be kept under section 14;

  • (b) that there are no wages in arrears in respect of work performed under the contract; and

  • (c) to the knowledge of the contractor, that the conditions of the contract required by the Act and these Regulations have been complied with.

• (2) There shall be included in every contract a provision that, where fair wages have not been paid by the contractor to persons employed under the contract, the contracting authority shall withhold from any money otherwise payable under the contract to the contractor the amount necessary to ensure that fair wages are paid to all employees until fair wages are paid.

Subcontracts

12 There shall be included in every contract a provision that in subcontracting any part of the work contemplated by the contract, the contractor shall

• (a) place conditions in the subcontract to secure observance by the subcontractor of the conditions respecting fair wages, hours of work, other labour conditions of the contract and the requirements of paragraph 14(a); and

• (b) be responsible for carrying out any of the conditions described in paragraph (a) that the subcontractor fails to carry out.

Default

• 13 (1) Every contract shall contain a provision that, where a contractor is in default of payment of fair wages to an employee, the contractor shall pay the Minister the amount the contractor is in default.

• (2) Where a contractor fails to comply with a provision in a contract described in subsection (1), the contracting authority shall pay to the Receiver General, out of any money otherwise payable to the contractor, the amount the contractor is in default.

Books and Records

14 Every contract shall include a provision that the contractor shall

• (a) post and keep posted in a conspicuous place on the premises where work is being carried out or on premises occupied or used by workers engaged in or carrying out the work

  • (i) a copy of the schedule of wage rates applicable under the contract,

  • (ii) a copy of the contractual provisions requiring the payment of fair wages, and

  • (iii) a copy of any change in wages to be paid under the contract;

• (b) keep books and records showing the names, addresses, classifications of employment and work of all workers employed under a contract and the rate of wages to be paid, wages paid and daily hours worked by the workers; and

• (c) permit, at all reasonable times, an inspector to inspect their books, records and premises and provide an inspector with access to the contractor’s premises for that purpose.

15 Every contract shall include a provision that the daily or weekly hours of work set out in section 6.1 may be exceeded in accordance with provincial law.

General

16 Every contracting authority shall, before the 15th day of every month, send to the regional director a list of all contracts entered into by the contracting authority in the preceding month, the names and addresses of all contractors and the dates and amounts of the contracts.