BILL NO. 12. An Act to Amend the Employment Standards Act

Transcription

1 HOUSE USE ONLY CHAIR: WITH / WITHOUT 2nd SESSION, 65th GENERAL ASSEMBLY Province of Prince Edward Island 65 ELIZABETH II, 2016 BILL NO. 12 An Act to Amend the Employment Standards Act Honourable H. Wade MacLauchlan Minister of Justice and Public Safety and Attorney General GOVERNMENT BILL MICHAEL D. FAGAN Queen s Printer Charlottetown, Prince Edward Island

2 For House Use Only Prince Edward Island Legislative Assembly AMENDMENTS ASSEMBLY / SESSION / YEAR 65th General / 2nd / 2016 BILL NUMBER: 12 PAGE No. of PAGES TITLE: AN ACT TO AMEND THE EMPLOYMENT STANDARDS ACT # SECTION AMENDMENT DATE NOTED: CERTIFIED CORRECT: COMMITTEE CLERK CHAIRMAN, IN COMMITTEE

3 BILL NO An Act to Amend the Employment Standards Act BE IT ENACTED by the Lieutenant Governor and the Legislative Assembly of the Province of Prince Edward Island as follows: 1. (1) Subsection 5.6(1) of the Employment Standards Act R.S.P.E.I. 1988, Cap. E-6.2, is amended (a) by the repeal of clause (c) and the substitution of the (c) the employee s wage rate and net pay for each pay period; (b) by the repeal of clause (i) and the substitution of the (i) any period during which the employee was on vacation; (c) by the repeal of clause (j) and the substitution of the (j) any vacation pay due to be paid to the employee; (j.1) any paid holiday pay due or paid to the employee; (j.2) any period during which the employee was on a leave of absence and the reason for the leave of absence; (d) in clause (k), by the deletion of the period and the substitution of the words ; and ; and (e) by the addition of the following after clause (k): (l) the dates of dismissals, suspensions or layoffs of the employee and the dates of all notices thereof. (2) Section 5.6 of the Act is amended by the addition of the following after subsection (1): (1.1) For the purposes of clause (1)(j.1), paid holiday has the same meaning as in subsection 6(1). paid holiday, defined 2. This Act comes into force on January 1,

4 2 Bill No. 12 An Act to Amend the Employment Standards Act 2016 EXPLANATORY NOTES SECTION 1 amends provisions of the Act dealing with payroll records to align the content and wording of similar legislative provisions that are or will be in place in Prince Edward Island, New Brunswick and Nova Scotia. The changes are being made in co-operation with New Brunswick and Nova Scotia with the intention of making it easier for businesses that operate in more than one of the three Maritime Provinces to operate under these similar provisions. Provisions that are unique to one province, and appropriate as written, are not being affected by the changes. Specifically, the amendments: replace clauses 5.6(1)(c) and (i) of the Act with clauses worded the same or similarly to clauses now in place in at least one of the other provinces, as agreed upon by the three provinces-- these changes do not change the effect of the clauses; replace clause 5.6(1)(j) of the Act to require records with respect to vacation pay due to be paid, rather than with respect to pay in lieu of vacation that has been paid, as currently written this change aligns the wording with wording now used in at least one of the other provinces, as agreed upon by the three provinces; add requirements for records with respect to paid holiday pay due or paid, leaves of absence, and reasons for them, and dates of dismissals, suspensions and layoffs, and notices respecting them, by adding provisions that are similar to provisions now in place in at least one of the other provinces so that the requirements are aligned, as agreed upon by the three provinces. Section 1 also provides that the definition of paid holiday in subsection 6(1) of the Act applies to the rewritten clause 5.6(1)(j.1), as this clause uses that term. SECTION 2 provides for the commencement of this Act. 2

5 BILL NO. 12 An Act to Amend the Employment Standards Act STAGE: DATE: 1st Reading: April 12, nd Reading: To Committee: Reported: 3rd Reading and Pass: Assent: SIGNATURES: Honourable H. Frank Lewis, Lieutenant Governor Honourable Francis (Buck) Watts, Speaker Clerk Honourable H. Wade MacLauchlan Minister of Justice and Public Safety and Attorney General GOVERNMENT BILL nd SESSION, 65th GENERAL ASSEMBLY