Employment Standards Act

(1) Subject to this section and any exemptions made by regulation, this Act applies to all employers and employees in the Northwest Territories.

(2) This Act does not apply to any employee as defined in the Public Service Act.

(3) Sections 7 to 9 do not apply to an employee who is employed primarily in a managerial capacity.

(4) Subject to the regulations, the Employment Standards Officer may, on application or on his or her own initiative, determine whether a person or class of persons is, for the purposes of this Act, subject to one or more provisions of this Act.

(1) The provisions of this Act are to be considered minimum standards and do not restrict

(2) An employer shall

(3) For greater certainty, a benefit, obligation or duty includes a civil remedy, a right at common law, a right under an agreement, and a custom.

(1) Subject to this Part, an employer shall pay to each employee a wage equal to or greater than the prescribed minimum wage or the minimum wage fixed under subsection (2).

(2) If the wages of an employee, or a class of employees, are not computed and paid solely on the basis of time, the Employment Standards Officer may, by order,

(3) The order made under subsection (2)

(1) The standard hours of work in a day for an employee are eight hours.

(2) The standard hours of work in a week for an employee are 40 hours.

(3) Subject to section 8, an employer may require or allow an employee to work more than the standard hours of work.

(1) The maximum hours of work in a day for an employee are 10 hours.

(2) The maximum hours of work in a week for an employee are 60 hours.

(3) Subject to this Part, an employer shall not require or allow an employee to exceed the maximum hours of work.

(4) An employer may require or allow an employee to exceed the maximum hours of work, if the employee is required to continue working because of

(5) An employee may only continue working under subsection(4) to the extent necessary to prevent serious interference with the ordinary working of the industrial establishment.

(1) An employee is entitled to be paid at an overtime rate of wages equal to at least 1.5 times his or her regular rate for any work the employee performs that exceeds the standard hours of work in a day or a week.

(2) This section is subject to any provisions in respect of standard hours of work and maximum hours of work contained in an order made under section 11.

(3) If the employee’s wages are not computed and paid solely on the basis of time, the regular rate of wages for calculating overtime pay is deemed to be the prescribed minimum wage or the minimum wage fixed by an order made under subsection 6(2) applicable to the employee.

(4) If the employee’s wages are computed and paid on a combined basis of time and some other basis, the regular rate of wages for calculating overtime pay is deemed to be the greater of

(5) For the purpose of calculating overtime during a week that contains a statutory holiday for which an employee is entitled to a holiday with pay,

(1) The Employment Standards Officer may, by order, authorize an employer to increase the hours to be worked by any class of employees in an industrial establishment above the maximum hours of work if

(2) An order made under subsection (1) may specify, for the period of the order,

(1) The Employment Standards Officer may make an order in respect of an industrial establishment, authorizing the employer to calculate the standard and maximum hours of work in a day and in a week as an average for a period of one or more weeks, if the nature of the work in the industrial establishment necessitates irregular distribution of an employee’s hours of work.

(2) An order made under this section may authorize the hours of work in a day to exceed the standard hours of work by requiring the days of work in a week to be reduced.

(3) An order may only be made under this section on the application of the employer with the consent of a majority of the affected employees.

(4) An order made under this section must specify

(5) The Employment Standards Officer shall, before making an order under this section, consider

(1) An employer and an employee, or the majority of a group of employees, may enter into an overtime agreement that the employer will provide, and the employee or group of employees will take, time off with pay, wholly or partly, instead of overtime pay.

(2) An overtime agreement may be part of a collective agreement, or if there is no collective agreement, may be a separate written agreement.

(3) An overtime agreement is deemed to include at least the following provisions:

(4) An employer shall provide a copy of the overtime agreement to each employee affected by it.

(1) An employer shall calculate an employee’s wages for a pay period not exceeding one month, unless a longer pay period is approved by the Employment Standards Officer.

(2) An employer shall, within 10 days after the pay period, pay to the employee all wages earned by the employee in that period.

(3) If the employment of an employee is terminated, the employer shall, within 10 days after the termination, pay to the employee all wages earned by the employee.

(4) An employee who is absent or unable to receive the wages in accordance with subsection (2) is entitled, on request, to receive payment of his or her wages during normal working hours.

(5) Where an employee is employed on a salaried basis and his or her employment is terminated, the employee shall be paid the corresponding hourly equivalent of his or her salary for every hour of work for which he or she was employed but not remunerated.

(6) Every employer shall pay all wages, in Canadian currency, in the form of

(1) No employer shall refuse or fail to honour a written assignment or direction of wages made by an employee to a person, account or entity specified in the assignment or direction by the employee.

(2) No employer shall deduct any amount from an employee’s wages other than

(1) Subject to the regulations, an employer who is unable to locate an employee, in order to pay the employee his or her wages, shall pay the wages to the Employment Standards Officer.

(2) Payment by an employer under subsection (1) constitutes, to the extent of the amount paid, a discharge of the employer’s obligation in respect of the wages owing.

(1) Subject to the regulations, if the Employment Standards Officer receives money in respect of wages owing to an employee, he or she shall pay the money to

(2) Subject to the regulations, if the Employment Standards Officer receives money under this Act for an employee who is also, in another capacity, named as an employer in an order made under section 65, the Employment Standards Officer may deduct from the money, and pay out of it, any amount that is owing to one or more employees named in the order.

(1) Every director and other officer of a corporation is liable for the unpaid wages of the employees of the corporation in an amount not exceeding the equivalent of two months’ wages for each employee who has not been paid.

(2) The provisions of this Act respecting the recovery of wages apply, with the necessary changes and to the extent that they are applicable, to the recovery of the wages referred to in subsection (1) from a director and other officer of a corporation that does not pay an employee’s wages.

(1) An employer shall, at the time of making any payment of wages to an employee, supply the employee with a written pay statement that accurately describes

(2) An employee is entitled, on request, to receive a detailed pay statement that accurately describes the computation of the amount of wages and any bonus or living allowance.

(3) An employer may provide the pay statement to an employee electronically, if the employer provides to the employee a means of securely and privately viewing and printing it.

(1) In this section, "purchase money security interest" and "security interest" have the meanings provided in the Personal Property Security Act.

(2) This section is subject to the Land Titles Act and the Maintenance Orders Enforcement Act and has effect notwithstanding any other Act.

(3) Every employer is deemed to hold all wages accruing or due to an employee in trust for the employee, whether or not the amount is kept separate and apart by the employer.

(4) Subject to subsections (5) and (6), wages accruing or due to an employee are deemed to be secured by a security interest on the property and assets of the employer to a maximum of $7,500 for each employee, whether or not that property or those assets are subject to other security interests.

(5) Subject to subsection (6), a deemed security interest referred to in subsection (4) is payable in priority to any other claim or right in the property or assets and has priority over any other security interest, without registration or other perfection of the deemed security interest, including

(6) A deemed security interest referred to in subsection (4) does not take priority over a purchase money security interest that is

(1) Subject to this Part, an employee is entitled to a holiday with pay for each of the following holidays, whether it falls on a day of work or not:

(2) Another holiday may be substituted for a statutory holiday under a collective agreement, if the parties to the collective agreement notify the Employment Standards Officer in writing of the day to be substituted.

(3) On application by an employer, the Employment Standards Officer may approve the substitution of another holiday for a statutory holiday for employees not represented by a trade union, or not provided for under a collective agreement with regard to statutory holidays, with the consent of a majority of those employees.

(4) For the purposes of this section and section 23, a person is an employee when the person, at the request of an employer, is available at the call of the employer, whether or not the person is called on to perform any work for the employer. SNWT 2021, c.15,s.2; SNWT 2022,c.8,s.2.

(1) The amount of holiday pay must be equivalent to or greater than

(2) If an employee is required to work on a statutory holiday, the employer shall, in addition to paying holiday pay,

(3) An employee who is not required to work on a statutory holiday shall not be required to work on another day that would otherwise be a non-working day in the week in which that holiday occurs, unless the employer pays the employee a rate at least equal to double his or her regular rate of wages for the time worked by the employee on that day.

(4) The provisions of subsections 9(3) and (4) apply to the determination of an employee’s regular rate of wages referred to in subsection (3).

(5) An employee is entitled to be paid holiday pay while on

(6) An employee is not entitled to be paid holiday pay while on

(7) An employee is not entitled to be paid holiday pay for a statutory holiday on which he or she does not work if

SNWT 2011,c.25,s.2; SNWT 2019,c.18,s.3; SNWT 2021,c.4,s.3.

(1) Subject to this Part, an employee is entitled to an annual vacation, with vacation pay, after each year of employment.

(2) The period of the annual vacation is equal to

(3) The vacation must begin not later than six months immediately following the completion of the year of employment for which the employee became entitled to the vacation.

(4) When calculating the number of years of employment of an employee under this section and section 25, each year of employment for the same employer, whether continuous or not, during a ten-year period, is to be included. SNWT 2023,c.7,s.13(2).

(1) Vacation pay must be equal to at least

(2) The vacation pay must be paid at least one day before the beginning of the vacation or, if applicable, at an earlier prescribed time.

(3) If an employee ceases employment for any reason before the completion of his or her year of employment, the employer shall without delay pay to the employee any vacation pay then owing to the employee by the employer in respect of

(1) An eligible employee is entitled to pregnancy leave of 17 consecutive weeks, without pay, commencing at any time during the 17 week period immediately preceding the estimated date of delivery.

(2) To be eligible for pregnancy leave, the employee must

(3) An otherwise eligible pregnant employee who is unable to submit a request within the time required under paragraph (2)(b) because of a medical condition arising from the pregnancy is entitled to pregnancy leave, if the employee provides her employer with a medical certificate, within two weeks after the employee ceases to work, that

(4) If the actual date of delivery occurs after the estimated date of delivery, the employee is entitled, on request, to extend the pregnancy leave to the actual date of delivery, but no extension may exceed a further six consecutive weeks.

(5) An otherwise eligible employee who has given birth without submitting a request in accordance with paragraph (2)(b) is entitled to pregnancy leave, without pay, of six consecutive weeks, if the employee provides the employer with a medical certificate stating that the employee gave birth on a specified day.

(6) An employee who has requested pregnancy leave may, with the consent of her employer, resume employment before the leave expires. SNWT 2021,c.4,s.4.

(1) The Employment Standards Officer may, at the request of an employer, require an employee to commence pregnancy leave, if the Employment Standards Officer is satisfied that the duties of the employee cannot reasonably be performed because of the pregnancy.

(2) Before requiring an employee to commence pregnancy leave under subsection (1), the Employment Standards Officer shall consider

(3) The employee shall continue the pregnancy leave under subsection (1) until the earlier of the date

(1) Subject to subsection (1.1), an eligible employee is entitled to parental leave of 61 consecutive weeks, without pay, to remain at home to care for

(1.1) The aggregate amount of leave that may be taken by more than one employee under this section in respect of the same birth or adoption shall not exceed 69 weeks, and the amount of leave that may be taken by one employee under this section in respect of the same birth or adoption shall not exceed 61 weeks.

(2) Parental leave must be taken during the period beginning on the day of the birth of the newborn child of the employee or the day on which the child arrives at the employee’s home for the purpose of adoption, as the case may be, and ending

(3) Notwithstanding subsection (2), if the employee plans to adopt more than one child and they arrive at the employee’s home at substantially the same time, the employee may take the parental leave to which he or she is entitled during the period beginning on the day the first child arrives and ending one year after the day on which the last child arrives.

(4) An employee is entitled to only one period of parental leave regardless of the number of newborn or adopted children who are born or arrive at substantially the same time.

(5) To be eligible for parental leave, the employee must

(6) An otherwise eligible employee is entitled to parental leave of six consecutive weeks, without pay, if he or she is unable to submit the request within the time required under paragraph (5)(b) because the child adopted by the employee, or with respect to whom the employee has commenced adoption proceedings, arrives at the employee’s home sooner than expected.

(7) Unless the employee and employer otherwise agree, an employee who takes parental leave in addition to pregnancy leave must commence the parental leave immediately after the later of

(8) An employee who has requested parental leave may, with the consent of his or her employer, resume employment before the leave expires. SNWT 2019,c.18,s.4.

(1) Subject to subsections (2) and (3), an employee is entitled to sick leave, without pay, for a period of at least five days during each 12-month period.

(2) To be eligible for sick leave, the employee must

(3) If the duration or expected duration of the sick leave exceeds three consecutive days and if requested by the employer, the employee must provide the employer with a medical certificate stating that the employee is incapable of working because of an illness or injury.

(4) The duties of an employer under this section are in addition to and do not derogate from the duties of an employer to provide immediate medical aid under the Workers’ Compensation Act. SNWT 2023,c.7,s.13(3).

(1) Subject to subsection (2), an employee is entitled to compassionate leave, without pay, to provide care or support to a family member of the employee.

(2) To be eligible for compassionate leave

(3) An employee is entitled to take 27 weeks of compassionate leave within the period

(4) Compassionate leave may be taken in separate periods but each period must be of not less than one week’s duration.

(5) The aggregate amount of compassionate leave that may be taken by two or more employees working for the same employer, in respect of the care or support of the same family member, must not exceed 27 weeks in the period referred to in subsection (3). SNWT 2019,c.18,s.5. Family Caregiver Leave SNWT 2019,c.18,s.6.

(1) In this section,

"critically ill adult" means a person who is 18 years of age or older whose baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury; (adulte gravement malade)

"critically ill child" means a person who is under 18 years of age whose baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury. (enfant gravement malade)

(2) Subject to subsection (4), an employee who has completed the prescribed period of continuous employment with an employer and who is a family member of a critically ill child is entitled to family caregiver leave, without pay, of up to 37 weeks in order to care for or support that child.

(3) Subject to subsection (4), an employee who has completed the prescribed period of continuous employment with an employer and who is a family member of a critically ill adult is entitled to leave, without pay, of up to 17 weeks in order to care for or support that adult.

(4) To be eligible for family caregiver leave,

(5) The period of family caregiver leave to which an employee is entitled

(6) Family caregiver leave may be taken in separate periods but each period must be of not less than one week’s duration.

(7) The aggregate amount of family caregiver leave that may be taken by employees under this section during the period referred to in subsection (5) must not exceed

(8) No family caregiver leave may be taken by one or more employees under subsection (3) before the end of the period referred to in subsection (5) if leave was granted under subsection (2) in respect of the same person.

(9) No compassionate leave may be taken by one or more employees under section 30 before the end of the leave taken under subsection (2) or (3) in respect of the same person. SNWT 2019,c.18,s.6.

Family Violence Leave SNWT 2019,c.18,s.6.

(1) In this section, "family violence" means "family violence" as defined in subsection 1(2) of the Protection Against Family Violence Act.

(2) An employee who has completed the prescribed period of continuous employment with an employer is entitled to family violence leave in accordance with this section if the employee or a child of the employee experiences family violence, and the leave is taken for any of the following purposes:

(3) Subsection (2) does not apply if the family violence is committed by the employee.

(4) An employee is entitled to take, in each calendar year,

(5) Subject to subsection (6), if an employee takes a paid day of leave under this section, the employer shall pay the employee,

(6) An employee is not entitled to more than the employee’s regular rate for any leave taken under this section, including if a paid day of leave under this section falls on a day or at a time when overtime pay would be payable by the employer.

(7) For the purposes of an employee’s entitlement under paragraph (4)(a), if an employee takes any part of a day as leave, the employer may deem the employee to have taken one day of leave on that day.

(8) For the purposes of an employee’s entitlement under paragraph (4)(b), family violence leave may be taken in separate periods but each period must be of not less than one week’s duration.

(9) An employee who wishes to take family violence leave under this section shall,

(10) An employee who takes paid leave under paragraph (4)(a) shall provide the employer with reasonable verification of the necessity of the leave that meets the requirements, if any, specified by regulations.

(11) An employer may require an employee who takes unpaid leave under paragraph (4)(a) or (4)(b) to provide the employer with reasonable verification of the necessity of the leave that meets the requirements, if any, specified by regulations.

(12) An employer shall ensure that mechanisms are in place to protect the confidentiality of records given to or produced by the employer that relate to an employee taking leave under this section.

(13) Nothing in subsection (12) prevents an employer from disclosing a record if the disclosure is in compliance with paragraph 34.1(1)(b). SNWT 2019,c.18,s.6; SNWT 2021,c.4,s.5. Emergency Leave SNWT 2021,c.4,s.6.

(1) In this section,

"child care" means the provision of supervision to, and attention to the needs of, a child; (soins aux enfants)

"emergency" means one or more of the following circumstances that has the effect of preventing an employee from performing the duties of their employment:

"health care professional" means a person who is entitled to practice as a physician or nurse under the laws of the jurisdiction in which health care is provided to an employee or an employee’s family member; (professionnel de la santé)

"health officer" means

"prescribed emergency" means an emergency prescribed for the purposes of paragraph (f) of the definition "emergency" in this subsection; (situation d’urgence prévue par règlement) "reportable disease" means a reportable disease prescribed under paragraph 50(1)(r) of the Public Health Act. (maladie à déclaration obligatoire)

(2) For the purposes of this section, an emergency includes a circumstance referred to in paragraphs (a) to (f) of the definition "emergency" in subsection (1) that affects a family member of an employee if

(3) In an emergency, an employee is entitled to emergency leave, without pay, during any period when the employee is unable to perform the duties of their employment because of the emergency.

(4) In a prescribed emergency, an employee is entitled to emergency leave, without pay, during any period beginning on or after the date specified in the regulations, which date may be earlier than the day on which the regulations are made, when

(5) For greater certainty, if an employee is on emergency leave to provide care, child care or assistance to a family member, no other employee may take emergency leave under this section in respect of the same family member before the end of the leave taken by the first-mentioned employee.

(6) For greater certainty, if an emergency exists due to an epidemic or pandemic of a reportable disease, subsection (3) applies in respect of an employee who will not be performing the duties of their employment because the employee

(7) An employee who intends to take emergency leave under this section shall advise the employer that the employee will be doing so, and shall advise the employer before commencing the leave where possible.

(8) Subject to subsection (9), an employee who takes emergency leave under this section shall provide, within a period of time that is reasonable in the circumstances, if requested by the employer, reasonable verification of the employee’s entitlement to the leave that meets the requirements, if any, specified in the regulations.

(9) If an employee takes emergency leave under this section as a result of an emergency that exists due to an epidemic or pandemic of a reportable disease or prescribed communicable disease, the employee is not required to provide, and the employer shall not request, a medical certificate for the purposes of subsection (8).

(10) For greater certainty, any emergency leave taken under this section may be taken for as long as the emergency continues and prevents the employee from performing the duties of their employment.

(11) An employee is not required to have been employed by the employer for any minimum length of time to be eligible for emergency leave under this section.

(12) The Commissioner, on the recommendation of the Minister, may make regulations

SNWT 2021,c.4,s.6; SNWT 2023,c.7,s.13(4); SNWT 2023,c.32,s.117(2); SNWT 2024,c.9,s.7.

Bereavement Leave and Court Leave

(1) An employee is entitled to bereavement leave, without pay, to attend the funeral of, or a memorial service for, a family member.

(2) The period of bereavement leave to which an employee is entitled is

(1) An employee is entitled to court leave, without pay, to

(2) The period of court leave to which an employee is entitled is whatever period is required to perform the duties referred to in subsection (1).

(3) If an employee is granted court leave with pay, the employee shall, on request from the employer, reimburse the employer the amount of any jury fee or witness fee the employee receives, excluding any amount for travel, meals or accommodation expenses.

(1) In this section and in section 36,

"reserve force" has the same meaning as in subsection 2(1) of the National Defence Act (Canada);

"service" means a period of time spent on duty with the reserve force, and includes

(2) Subject to this section and the regulations, an employee who

is entitled to reservist leave, without pay, for the period necessary to accommodate that service.

(3) An employee who intends to take reservist leave shall give his or her employer at least four weeks notice in writing of his or her intention to take the period of leave, or if it is not reasonable in the circumstances to give four weeks notice, the employee shall give his or her employer notice at the earliest reasonable opportunity.

(4) The notice required under subsection (3) must give the date on which the leave will begin and the anticipated date on which the leave will end.

(5) An employer may require an employee requesting reservist leave to provide a certificate from an official with the reserve force stating that the employee is a member of the reserve force and is required for service.

(6) If the date on which an employee anticipates his or her leave will end changes, the employee shall provide written notice to the employer of the new end date at the earliest reasonable opportunity. SNWT 2011,c.25,s.3; SNWT 2021,c.4,s.7.

(1) In this section, "undue hardship" has the meaning assigned by the regulations.

(2) An employer that receives a notice under subsection 32.1(3) from an employee, and considers that granting reservist leave to the employee would cause the employer undue hardship, may request that the Employment Standards Officer exempt the employer from the requirement to grant the leave.

(3) On request of an employer under subsection (2), the Employment Standards Officer may exempt the employer from the requirement to grant the reservist leave if the Employment Standards Officer determines that granting the leave would cause the employer undue hardship. SNWT 2011,c.25,s.3.

(1) Subject to this section, a medical certificate required under this Act must be signed by a qualified medical practitioner.

(2) A registered midwife may sign a medical certificate in respect of a pregnancy or an illness related to a pregnancy.

(3) A nurse practitioner may sign a medical certificate if

(4) A registered nurse or a registered psychiatric nurse may sign a medical certificate if the employee resides in a community in the Northwest Territories in which no qualified medical practitioner is resident. SNWT 2023,c.32,s.117(3).

(1) An employer shall

(2) A person to whom information is disclosed under paragraph (1)(b) shall not disclose that information to any other person unless it is to be used for the purpose for which it was originally disclosed or for a different purpose authorized by paragraph (1)(b). SNWT 2021,c.4,s.8.

(1) An employer shall reinstate an employee who resumes employment after any of the following types of leave to the position the employee occupied on the day the leave commences or to a comparable position:

(2) An employee referred to in subsection (1) is entitled to receive not less than the wages, benefits and seniority that had accrued to the employee on the day the leave commenced, and all increments to wages and benefits to which the employee would have been entitled had the leave not been taken.

(3) An employer who suspends operations during the leave referred to in subsection (1) and who does not resume operations after the leave shall not, on resumption of operations, refuse to reinstate the employee or otherwise refuse to comply with this section because the employee took the leave. SNWT 2011,c.25,s.4; SNWT 2019,c.18,s.8; SNWT 2021,c.4,s.9.

(1) No employer shall, without the written consent of the employee, change a condition of employment or terminate the employment of an employee because

(2) The onus is on the employer to establish that any change to a condition of employment or any termination of the employment of an employee, without the written consent of the employee, is not a contravention of subsection (1). SNWT 2011, c.25,s.5; SNWT 2019,c.18,s.9; SNWT 2020,c.14,s.6; SNWT 2021,c.4,s.10.

(1) No employer shall terminate the employment of an employee who has been employed by that employer for a period of 90 days or more, unless the employer

(2) Subsection (1) does not apply to an employee

(1) This section applies when a notice of termination is given to one employee or a group of employees.

(2) A notice of termination must be given to an employee in advance of the date of termination by a period of at least two weeks plus one additional week for each year of employment over two years, to a maximum of eight weeks.

(3) The period of notice required by subsection (2) shall not coincide with the annual vacation of an employee whose employment is being terminated.

(4) If an employee has been employed by the same employer more than once, the separate periods of employment shall be deemed to be one period of employment for the purposes of subsection (2), if not more than 90 days have elapsed between each period of employment.

(5) An employer shall not, between the date that the notice of termination is given and the date of termination of employment,

(6) An employer shall, between the date that the notice of termination is given and the date of termination of employment, pay wages and provide benefits to an employee to whom the notice is given in an amount not less than the wages and benefits to which the employee would have been entitled, if the employee had worked his or her usual hours of work in that period, whether or not work is required or performed.

(7) A notice of termination is void and of no effect if an employee continues to be employed by his or her employer after the date for termination of employment specified in the notice of termination.

(1) An employer who wishes to terminate the employment of 25 or more employees at one time, or within a period not exceeding four weeks, shall give a copy of the notice of termination to the Employment Standards Officer and to any trade union of which the employees may be members.

(2) The copies of the notice of termination referred to in subsection (1) must be given in advance of the proposed date of termination by a period of at least

(3) No employer shall terminate the employment of any employee for which a notice of termination is required under subsection (1) before the required period of notice has expired.

(4) The requirements of this section are in addition to the provisions of sections 37 and 38.

(5) For greater certainty, subsection (4) does not prevent an employer from giving a notice of termination required under subsection (1) concurrently with a notice of termination required under paragraph 37(1)(a), provided that the employer complies with the periods of notice required under both this section and subsection 38(2).

(6) The Employment Standards Officer may, by order, waive the application of subsection (2) if the Officer is satisfied that

(7) A decision or order made under subsection (6) must be made as soon as reasonably possible after the Employment Standards Officer is satisfied that they have sufficient information to make a decision or order.

(8) An order made under subsection (6)

(9) A copy of a decision or order made under subsection (6) must be served, together with the reasons for ordering or not ordering the waiver, on

(10) Subsection 69(3) does not apply in respect of an order made under subsection (6).

(11) A trade union referred to in paragraph (9)(b) is deemed to be a person affected by the decision or order for the purpose of commencing an appeal under subsection 71(1).

(12) The Employment Standards Officer shall, without delay, ensure that notice of any decision or order made under subsection (6) is published on a website maintained by the Government of the Northwest Territories relating to its employment standards office.

(13) The notice published under subsection (12) must include

(14) The notice published under subsection (12) must not include the names of any of the employees to be terminated.

(15) The employer shall, where possible and without delay, post a copy of the notice published under subsection (12) in a conspicuous place on the premises where work is performed by the employees to be terminated and shall keep the notice posted for such period of time as the Employment Standards Officer specifies.

(16) The employer shall, without delay, make reasonable efforts,

SNWT 2021,c.4,s.11.

(1) An employer who wishes to temporarily lay off an employee shall give the employee a written notice of temporary layoff.

(2) Subject to section 43, a temporary layoff must not exceed 45 days during a period of 60 consecutive days.

(3) A notice of temporary layoff must indicate the expected date on which the employer will request the employee to return to work.

(4) An employer who temporarily lays off an employee, without giving the employee a notice of temporary layoff in accordance with subsection (1), shall be deemed to have terminated the employment of the employee.

(1) The Employment Standards Officer may, by order, extend a temporary layoff to a period exceeding 45 days if he or she is satisfied that

(2) If an employer lays off an employee for longer than the period referred to in subsection 42(2) or provided by any extension ordered under subsection (1),

(1) The Employment Standards Officer may request an employer to provide evidence that the employment of a youth is not likely to be detrimental to the health, education or moral character of the youth.

(2) The Employment Standards Officer may, by order, terminate the employment of a youth, if the Employment Standards Officer is not satisfied with the evidence provided under subsection (1).

(1) An employer shall maintain and make available for inspection by and production to the Employment Standards Officer an accurate record of the following information in respect of each employee:

(2) The Employment Standards Officer may, by notice in writing,

(3) Subject to subsection (4), an employer shall maintain the records in each place of business operated by the employer in the Northwest Territories in respect of each employee working at, or in connection with, that place of business.

(4) An employer shall maintain the records in whole or in part at his or her principal place of business in the Northwest Territories, or at any other place designated by the Employment Standards Officer that provides more safety or convenience.

(5) The hours referred to in paragraph (1)(a) must be recorded daily.

(6) An employer shall maintain the records for a period of not less than two years after the time each record was made.

(1) The Employment Standards Officer may give to an employer, the agent of an employer or any person the Employment Standards Officer considers might be an employer, notice in writing requiring that person to provide the Employment Standards Officer or an inspector with

(2) The notice must specify the place and time for the production, which must be at least 10 days after the notice is given.

(3) The person named in and served with the notice shall provide and produce all the information and documents required in accordance with the notice.

(1) The Minister shall appoint an Employment Standards Officer to administer this Act.

(2) The Employment Standards Officer, or any person acting on behalf of the Employment Standards Officer, has no power to determine any issue related to the Canadian Charter of Rights and Freedoms.

(1) The Minister may appoint inspectors to carry out inspections and searches and to conduct mediation under this Act.

(2) An inspector may administer oaths and take and receive affidavits and statutory declarations required under this Act.

(3) The Minister shall provide each inspector with a certificate of his or her authority.

(1) The Minister shall appoint one or more Adjudicators to hold office for a term not exceeding five years.

(2) An Adjudicator shall be paid a daily allowance and shall be reimbursed for expenses in accordance with the regulations.

(1) An Adjudicator shall hear appeals from decisions and orders of the Employment Standards Officer and may confirm, vary or reverse any such decision or order.

(2) An Adjudicator may

(3) An Adjudicator has no power to determine any issue related to the Canadian Charter of Rights and Freedoms.

(1) An employee may make a written complaint to the Employment Standards Officer on the grounds that

(2) A complaint may be made at any time within 12 months after the date on which the subject matter of the complaint occurred.

(3) An employee may not be charged a fee for making a complaint or for the investigation of a complaint. SNWT 2021,c.4,s.14.

(1) The Employment Standards Officer or an inspector may mediate between an employer and an employee for the purpose of settling the differences between them.

(2) In mediating, the Employment Standards Officer or inspector may

(3) The Employment Standards Officer and inspector are under no liability to an employer or an employee in respect of any assistance or attempted assistance provided to an employer or employee for the purpose of reaching a settlement.

(4) If the Employment Standards Officer or inspector pays to an employee money received as a result of a settlement, the employer is discharged from further liability to the employee with respect to the amount in dispute.

(1) If the Employment Standards Officer determines that wages are due to an employee and is unable to mediate or settle the difference between the employer and employee, the Employment Standards Officer shall, by order, require the employer to pay to the employee, or to pay to the Employment Standards Officer on behalf of the employee, the wages to which the employee is entitled.

(2) If the Employment Standards Officer is unable to determine the amount of wages that are due to an employee because the employer has not made or kept complete and accurate records, or has failed to produce or make those records available, the Employment Standards Officer may determine the amount in any reasonable manner that the Employment Standards Officer considers appropriate.

(3) An order made under this section may direct

(1) If the Employment Standards Officer determines that a complaint under subsection 61(1) is justified and is unable to mediate or settle the difference between the employer and employee, the Employment Standards Officer shall, by order, require an employer to reinstate the employee or to compensate the employee, or both.

(2) Subject to the regulations, an order made under subsection (1) may require the employer to pay to the employee, or to the Employment Standards Officer on the employee’s behalf, compensation of an amount not exceeding the sum the employee would have earned, if the employment of the employee had not been suspended or terminated or the employee had not been laid off in a circumstance or for a reason referred to in subsection 61(1).

(3) Subject to the regulations, an order made under subsection (1) may require payment of compensation for a period not exceeding 12 months after the date that

SNWT 2011,c.25,s.7; SNWT 2019,c.18,s.13; SNWT 2021,c.4,s.15.

(1) An order made under this Act must

(2) An order made under this Act may also require an employer to pay to the Employment Standards Officer any fees owing to the Government of the Northwest Territories under the regulations.

(3) A copy of an order made under this Act must be served on

(4) An order made under this Act may take into account deductions authorized or permitted under this Act but must not take into account a claim, counterclaim or set-off by an employer against an employee.

(1) The Employment Standards Officer may revoke or amend an order made under this Act or a determination made under section 95.

(2) If the order or determination has been appealed to an Adjudicator, the Employment Standards Officer may revoke it at any time before the Adjudicator makes an award.

(3) If the Employment Standards Officer revokes an order, the Employment Standards Officer shall return any money paid to the Employment Standards Officer under the order.

(4) No interest is payable on money returned under subsection (3).

(5) A copy of the amended order or determination must be served on each person on whom the original order or determination was served. SNWT 2021, c.4,s.16.

(2) Repealed, SNWT 2018,c.15,s.6(2).

(1) An appeal must be commenced by

(2) If the Adjudicator considers that there are extenuating circumstances that justify doing so, the Adjudicator may

(3) A notice of appeal may be filed with the Registrar by personal delivery, fax, email or registered mail.

(4) Receipt of the notice is deemed to occur

SNWT 2018,c.15,s.6(3),(4).

(1) If an appeal is properly commenced, the Adjudicator shall give written notice of the date, time and place at which the appeal will be considered to

(2) The Employment Standards Officer is deemed to be a party to every appeal and to any judicial review or other proceeding resulting from an order or award.

(1) Where an appeal is properly commenced, an Adjudicator shall conduct an appeal of the decision or order of the Employment Standards Officer.

(2) An Adjudicator shall treat all parties to an appeal fairly.

(3) Subject to this Act, an Adjudicator may determine the procedure to be followed in an appeal.

(4) The Adjudicator shall give the appellant and any other interested person an opportunity to be heard and to present evidence.

(5) An Adjudicator may conduct an appeal without requiring oral representations.

(6) An Adjudicator may conduct an appeal through video-conference, electronic conferencing or other means satisfactory to the Adjudicator.

(1) An Adjudicator is not bound by the rules of evidence or any other law applicable to judicial proceedings and has power to determine the admissibility, relevance and weight of any evidence.

(2) An Adjudicator may determine the manner in which evidence is to be admitted.

(3) An Adjudicator may administer oaths, affirmations and declarations.

(4) An Adjudicator may require witnesses to testify under oath, affirmation or declaration.

(5) The Employment Standards Officer shall supply any documents in his or her possession that relate to a matter under appeal to the Adjudicator.

(6) If new evidence becomes available after the decision or order being appealed was made, the Adjudicator may

(1) An Adjudicator may, on request by a party to an appeal, issue a notice to a person who has evidence relevant to the appeal, requiring the person to attend and give evidence at the appeal at the time and place named in the notice.

(2) A notice under subsection (1) must be served on the person concerned and has the same effect as a notice in a court proceeding requiring a witness to attend at a hearing or produce documents.

(3) If a person fails to comply with a notice under subsection (1) or acts in a manner that may be in contempt of the Adjudicator or the Adjudicator’s proceedings, the Adjudicator may apply to the Supreme Court for an order directing compliance with the Adjudicator’s notice or directions or restraining any conduct found by the Supreme Court to be in contempt of the Adjudicator or the proceedings.

(4) On application, the Supreme Court may make any order it considers necessary to enable the Adjudicator to carry out the Adjudicator’s duties.

(1) An Adjudicator may make an award that

(2) An Adjudicator’s award may take into account deductions authorized or permitted under this Act, but must not take into account a claim, counterclaim or set-off by an employer against an employee.

(3) Subject to subsection 81.1(1), an Adjudicator’s award is final and not subject to appeal.

(1) When an Adjudicator’s award orders an employer to pay an amount to an employee, the Employment Standards Officer shall pay out any money paid when the appeal was filed, in accordance with the Adjudicator’s award.

(2) No interest is payable on money paid under subsection (1).

(3) If the amount of money paid under subsection (1) is less than the amount ordered to be paid to the employee, the Employment Standards Officer may, in accordance with this Act, enforce the unpaid portion of the order.

(1) An Adjudicator’s award must be in writing.

(2) The award must indicate the place at which and the date on which it is made, and must be signed by the Adjudicator.

(3) A copy of each award must be provided to the Registrar, who shall serve it on each party to the appeal.

(4) The Registrar shall keep, as a public record, a copy of all awards and all corrections and variations to awards issued by Adjudicators.

(1) An Adjudicator’s award on an appeal of a decision of the Employment Standards Officer made under section 65 or 66 may be appealed to the Supreme Court by a party, within 30 days after service of a copy of the award on that party, on any point of law raised before the Adjudicator.

(2) The decision of the Supreme Court on an appeal under subsection (1) is final.

(1) If the parties settle the matters in dispute themselves after an appeal has been referred to an Adjudicator, an Adjudicator may record the settlement in the form of an award.

(2) An Adjudicator may

(1) For the purpose of ensuring compliance with any provision of this Act, the regulations or an order or award made under this Act, an inspector and any person assisting the inspector may, at any reasonable time,

(2) Notwithstanding subsection (1), an inspector may not enter or inspect the living quarters in a dwelling place unless

(1) If an inspector finds that an employer has failed to pay the wages to which an employee is entitled, the inspector may determine the amount of wages owing.

(2) If the amount determined under subsection (1) is agreed to in writing by the employer and the employee, the employer shall, within five days after the date of the agreement, pay that amount to the Employment Standards Officer who shall, without delay, pay it over to the employee.

(1) If an inspector believes, on reasonable grounds, that an offence under this Act has been committed, the inspector may enter any place and search any thing or place for the purpose of obtaining evidence in relation to that offence, if

(2) If, during the course of an inspection or search, an inspector believes, on reasonable grounds, that a thing is evidence in relation to an offence under this Act, the inspector may seize the thing, if

(1) A court may issue a warrant authorizing an inspector to enter a place, search any thing or place and to seize things as evidence, if the court is satisfied by information on oath that there are reasonable grounds to believe that

(2) A court may issue a warrant in respect of the living quarters in a dwelling place for the purposes of section 83 if the court is satisfied on information on oath that there are reasonable grounds to believe that

(3) A warrant may include an order that any person named or identified in the warrant provide any assistance reasonably considered to be required to give effect to the warrant.

(4) A warrant may be issued, with or without conditions, on an application made without notice.

(1) A warrant is not required under this Act if distance, urgency, the likelihood of the removal or destruction of the evidence or other relevant factors do not reasonably permit the obtaining of a warrant or consent.

(2) Subsection (1) does not authorize the entry and search of the living quarters of a dwelling.

(1) For the purposes of an inspection or search under this Act, an inspector may

(2) An inspector has the power and authority to take affidavits, affirmations or declarations as to any matter in respect of which an inspection or search is concerned.

(3) An inspector shall, on request, produce the certificate referred to in subsection 55(3) to the person in charge of any place the inspector is entering.

(4) An owner or a person in charge of a thing or place being inspected under this Act, and any person found in the place, shall

(5) An inspector has, for any purpose relating to the enforcement of this Act or the regulations, all the powers and protections of a peace officer under the Criminal Code and the common law.

(6) The protections afforded to an inspector by this Act or any other law extend to other persons while and to the extent they are in the course of assisting the inspector under the inspector’s direction.

(1) For the purposes of an inspection under this Act, an inspector may give to an employer, the agent of an employer or any person the inspector considers might be an employer, notice in writing requiring that person to produce for the inspector all documents in the possession, custody or control of the employer, agent or other person relating to the inspection referred to in the notice.

(2) The notice must specify the place and time for the production, which must be at least 10 days after the notice is given.

(3) The person named in and served with the notice shall produce all documents required in accordance with the notice.

(1) In a proceeding under this Act, a certificate signed by the Employment Standards Officer certifying the following matters is, in the absence of evidence to the contrary, proof of the facts stated in the certificate and of the authority of the Employment Standards Officer without further proof of his or her appointment or signature:

(2) If an original document, rather than a certified true copy, is required in a proceeding under this Act,

(1) The Employment Standards Officer may

(2) An order or award filed under subsection (1) may be enforced in the same manner as an order of the Supreme Court and, for greater certainty, is deemed to be a judgment to which section 56.1 of the Judicature Act applies.

(1) If the Minister is satisfied that reciprocal provisions have been or will be made by a province or territory for the enforcement of orders or awards made under this Act, the Minister may, by order,

(2) The designated authority of a reciprocating province or territory may request the Employment Standards Officer to enforce an order, judgment or certificate for the payment of wages issued or made in that place by providing the Employment Standards Officer with a copy of the order, judgment or certificate certified to be a true copy by

(3) If the Employment Standards Officer receives a request under subsection (2) and is satisfied that the wages are still owing, the Employment Standards Officer shall make an order showing the amount owing.

(1) If the Employment Standards Officer has knowledge that any person, including the Government of the Northwest Territories and its boards and agencies, is or is about to become indebted to an employer who has been ordered to pay money to an employee or to the Employment Standards Officer, the Employment Standards Officer may demand that the person pay to the Employment Standards Officer some or all of the money otherwise payable to the employer.

(2) Receipt by the Employment Standards Officer of money paid under subsection (1) constitutes a good and sufficient discharge of the liability of the person to the employer to the extent of the amount paid.

(3) Where a demand is made under subsection (1), the person to whom the demand is made shall not, except with the written consent of the Employment Standards Officer, pay the money demanded to any person other than the Employment Standards Officer.

(4) The Employment Standards Officer shall hold all money received under subsection (1) until

(5) The Employment Standards Officer shall dispose of the money received under subsection (1) in accordance with section 16 or to pay an award referred to in paragraph (4)(b).

(1) The Employment Standards Officer may, subject to the regulations, order an employer to provide the Employment Standards Officer with a bond or other security conditioned for the payment of all wages in an amount and form, and for a period of time not exceeding two years, as may be satisfactory to the Employment Standards Officer.

(2) An employer shall comply with an order made under subsection (1).

(3) If the employer provides a bond or other security, the Employment Standards Officer may, by giving written notice to that employer, either by registered mail or by service of the notice on that employer, apply the proceeds of the bond or security in whole or in part to any wages that the Employment Standards Officer ascertains that the employer owes to any employee.

(4) If the employer fails to provide the bond or other security, a judge of the Supreme Court, on application of the Employment Standards Officer, may restrain the employer from carrying on any business until the bond or security is provided and the costs of the application are paid.

(1) The Employment Standards Officer may determine that two or more corporations, individuals, firms, syndicates or associations, or any combination of them, are one employer for the purposes of this Act, if the Employment Standards Officer considers that there is common control or direction between two or more corporations, individuals, firms, syndicates or associations.

(2) If the Employment Standards Officer has made a determination under subsection (1), the corporations, individuals, firms, syndicates or associations treated as one employer shall be jointly and severally liable for any contravention of this Act or the regulations.

(1) The court may, in addition to any other punishment, order an employer convicted of an offence under this Act to

(2) An employer who refuses or neglects to comply with an order of a convicting court made under this section is guilty of an offence and liable on summary conviction to a fine not exceeding $250 for each day on which the refusal or failure continues.

(3) For the purpose of determining the amount of wages under subsection (1), if the convicting court finds that the employer has not kept accurate records as required under this Act, the employee is deemed to have been employed for the maximum number of hours a week allowed under this Act and to be entitled to full wages for those hours.

(1) A person who attempts to commit an offence or is an accessory after the fact to the commission of an offence is guilty of an offence, whether or not it was possible under the circumstances to commit the offence.

(2) Every person is a party to an offence who

(1) A person may be convicted of an offence, if the offence was committed by an employee or agent of the person during the course of his or her work, whether or not the employee or agent is identified or prosecuted for the offence.

(2) If a corporation commits an offence under this Act, any director, corporate officer or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the offence is guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation is prosecuted.

(3) Nothing in this section relieves the person who actually committed the offence from liability for the offence.

(1) An agreement, memorandum of understanding, contract, licence, right or obligation of the Labour Standards Board that existed immediately before this Act comes into force continues in effect as if it were made by, entered into by or belonged to the Registrar, to the extent that it is not inconsistent with this Act or the regulations, until it expires or is terminated.

(2) If any action, application or other proceeding or any remedy was commenced, or could have been commenced, by, to or against the Labour Standards Board or the Labour Standards Officer immediately before this Act comes into force,

(3) Any order, certificate, declaration, determination or decision made or issued under the Labour Standards Act before this Act comes into force continues as if it were made or issued under this Act, to the extent that it is not inconsistent with this Act, until it is revoked or amended or another order, certificate, declaration or decision is made or issued in its stead.