O.C. 126/2019

A.R. 71/2019

July 18, 2019


            The Lieutenant Governor in Council makes the Employment Standards (Flexible Averaging Agreements) Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by:          Minister of Labour and Immigration

Authority:                             Employment Standards Code
                                                (section 138)


 

APPENDIX

Employment Standards Code

EMPLOYMENT STANDARDS (FLEXIBLE AVERAGING
AGREEMENTS) AMENDMENT REGULATION

1   The Employment Standards Regulation (AR 14/97) is amended by this Regulation.

 

2   Section 13.2(c) and (d) are repealed.

 

3   Sections 13.4 to 13.48 are repealed.

 

4   The following is added before the heading to Part 3:

Transitional

13.49(1)  This section provides for the transitional application of the repeal of section 13.2(c) and (d) and sections 13.4 to 13.48.

(2)  In this section, “flexible averaging agreement” means an averaging agreement entered into under section 13.4(1) (repealed) before this section comes into force.

(3)  A flexible averaging agreement that is in effect when this section comes into force remains valid until the earliest of the following:

                                 (a)    the date the flexible averaging agreement is cancelled;

                                 (b)    in the case of a flexible averaging agreement made as part of a collective agreement, the date a subsequent collective agreement is entered into;

                                 (c)    2 years after the date this section comes into force.

(4)  An agreement under section 13.45(1) (repealed) entered into by the parties to a flexible averaging agreement that is in effect when this section comes into force remains valid until the earliest of the following:

                                 (a)    the date the agreement or the flexible averaging agreement is cancelled;

                                 (b)    in the case of an agreement entered into by the parties to a flexible averaging agreement made as part of a collective agreement, the date a subsequent collective agreement is entered into;

                                 (c)    2 years after the date this section comes into force.

(5)  Section 13.2(c) and (d) and sections 13.4 to 13.48 continue to apply with respect to

                                 (a)    a flexible averaging agreement that remains valid under subsection (3), and

                                 (b)    an agreement under section 13.45(1) (repealed) that remains valid under subsection (4).

 

5   This Regulation comes into force on September 1, 2019.