Employment Standards Regulation – Part 7 – Variances and Exclusions

ESR Section 40.2 – Exclusions from payment options for farm labour contractors

Summary:

This section explains how farm labour contractors are required to pay farm workers in Canadian dollars and by direct deposit to the farm workers account in a savings institution.

Text of Legislation:

40.2

(1) In respect of the payment of wages to farm workers, farm labour contractors are excluded from section 20 of the Act.

(2) A farm labour contractor must pay all wages to farm workers employed by the farm labour contractor

  1. in Canadian dollars, and
  2. by deposit to the credit of the farm worker’s account in a savings institution.

Policy Interpretation:

The manner in which a farm labour contractor can pay an employee is restricted.

A farm labour contractor is required to pay all wages to farm workers in Canadian dollars and by direct deposit to the farm worker’s account in a savings institution. A farm labour contractor cannot pay the employee by cash, cheque, or similar financial instruments drawn on a bank, trust company, or credit union.

Where there is a contravention of this section, a determination may be issued pursuant to s.79 of the Act requiring the farm labour contractor to remedy their practices and cease contravening the requirements of this section.

Under s.98 of the Act a person in respect of whom the director makes a determination and imposes a requirement under s.79 is subject to a monetary penalty.

Refer also to s.29 of this Regulation that sets out the escalating monetary penalties that apply to a person who contravenes a provision of the Act or Regulation.

Note: A determination issued under section 10 of the Regulation to suspend or cancel a licence is in addition to a determination issued under s.79 of the Act.

Related Information: