O.C. 292/2019

A.R. 181/2019

December 5, 2019

            The Lieutenant Governor in Council makes the Employment Standards (Budget Implementation) Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by:          Minister of Labour and Immigration

Authority:                             Employment Standards Code
                                                (section 138)



Employment Standards Code


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


2   Section 1 is amended by renumbering it as section 1(1) and adding the following after subsection (1):

(2)  For the purpose of restricting the meaning of “employee” in section 1(1) of the Act, an individual who is an amateur athlete engaged in activities directly or indirectly related to the individual’s athletic endeavours is not an employee.

(3)  In the Act and this Regulation, “amateur athlete” means an athlete who is a registered player or registered participant with, or member of, an amateur athletic association, an amateur sports league or a development sports league, and includes an individual who is a player on a Western Hockey League team.


3   The following is added after section 3:

General holidays, general holiday pay, vacation
and vacation pay exemptions

3.1(1)  In this section and section 3.2, “teacher” means a teacher as defined in the Education Act who is employed, in a position that requires the employee to hold a certificate of qualification as a teacher issued under that Act, by

                                 (a)    a board as defined in the Education Act,

                                 (b)    a Francophone regional authority as defined in the Education Act,

                                 (c)    the person responsible for the operation of a private school accredited under the Education Act,

                                 (d)    the operator of a charter school established under the Education Act, or

                                 (e)    the board as defined in the Northland School Division Act.

(2)  Part 2, Divisions 5 and 6 of the Act (relating to general holidays, general holiday pay, vacations and vacation pay) do not apply to an employee who is a teacher or to the teacher’s employer while acting in the capacity of employer.


3.2(1)  Subject to subsection (2), section 3.1 does not apply in respect of a teacher who, on the date this section comes into force,

                                 (a)    is not bound by a collective agreement entered into under the Public Education Collective Bargaining Act, and

                                 (b)    is a party to a collective agreement or an employment contract that provides specific entitlements to general holiday pay or vacation pay, or both, under the Employment Standards Code

to the extent that the collective agreement or employment contract provides for the specific entitlements.

(2)  Section 3.1 applies in respect of a teacher referred to in subsection (1)

                                 (a)    in the case of a collective agreement referred to in subsection (1)(b), the date the collective agreement expires,

                                 (b)    in the case of an employment contract referred to in subsection (1)(b) that has an expiry date, the date the employment contract expires, or

                                 (c)    in the case of an employment contract referred to in subsection (1)(b) that does not have an expiry date, 2 years after the date this section comes into force.


4   This Regulation comes into force on January 1, 2020.