Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Canada (Ratification: 1935)

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Article 3(2)(1)–(2) of the Convention. Association of the social partners in the operation of the minimum wage fixing machinery.Adjustment of the minimum wage through a pre-established formula. Manitoba, Newfoundland and Labrador, and Saskatchewan. Following its previous comments, the Committee notes the indication in the Government’s report that, in Manitoba, the Labour Management Review Committee which is composed of representatives of both business and labour, is consulted for increases in the minimum wage rate pursuant to section 7.1(1)–(7) of the Employment Standards Code. Regarding Newfoundland and Labrador, the Committee notes that, according to the Government, decisions regarding the setting of the minimum wage rate or the method used are informed by public consultations including employers, employees and their unions, relevant stakeholders and the public. The Committee further notes that, regarding Saskatchewan, the Government indicates that the Minister’s Advisory Committee, which is comprised of representatives of organized labour, business, and public interest, discusses all employment-related matters, including the minimum wage.

Federal level and Northwest Territories. Regarding the federal level, the Committee notes the Government’s indication that, since 2021, a distinct minimum wage rate applies to workers employed in federally regulated activities and that, pursuant to section 178.1(1)–(4) of the Labour Code, the minimum wage rate will be adjusted annually and calculated according to a formula of indexation. In addition, regarding Northwest Territories, the Government refers to a change from a biannual review to an annual adjustment of the minimum wage rate, starting in 2023. The Committee observes from the information published on the website of the Government, that in light of the new formula used to adjust the minimum wage rate, the Minimum Wage Committee in Northwest Territories, which conducted biannual reviews of the minimum wage rate and provided recommendations to the Minister, will be dissolved. The Committee requests the Government to indicate how representatives of the employers and workers concerned in Northwest Territories, including representatives of their respective organizations, were consulted before the application of the new method for the annual adjustment of the minimum wage rate (Article 3(2)(1) of the Convention). The Committee also requests the Government to indicate whether the social partners at the federal level and in Northwest Territories are associated in the operation of the minimum wage-fixing machinery (Article 3(2)(2) of the Convention).