Employment Standards Regulations
Regulation- Registration
- R-020-2008
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
- Under
- Employment Standards Act
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.1 amended by R-098-2019,s.2 in force Jan. 1, 2020
- s.2 repealed by R-098-2019,s.3 in force Jan. 1, 2020
- s.3.1 amended by R-014-2009,s.2 in force April 1, 2009
- s.3.1 amended by R-096-2023,s.2 in force Nov. 1, 2023
- s.4.01 amended by R-037-2014,s.2 in force April 1, 2014
- s.4.1 amended by R-033-2008,s.2
- s.5 amended by R-051-2015,s.3 in force June 1, 2015
- s.5 amended by R-054-2018,s.2 in force April 1, 2018
- s.5 amended by R-033-2021,s.2 in force Sept. 1, 2021
- s.5 amended by R-052-2023,s.2 in force Sept. 1, 2023
- s.5 amended by R-084-2024,s.2 in force Sept. 1, 2024
- s.5 amended by R-065-2025,s.2 in force Sept. 1, 2025
- s.7 amended by R-098-2019,s.4 in force Jan. 1, 2020
- s.8.1 amended by R-031-2021,s.2
- s.12 amended by R-098-2019,s.5 in force Jan. 1, 2020
- s.12.01 amended by R-098-2019,s.5 in force Jan. 1, 2020
- s.12.1 amended by R-098-2019,s.5 in force Jan. 1, 2020
- s.12.2 amended by R-064-2013,s.2
- s.12.3 amended by R-031-2021,s.3
- s.12.4 amended by R-031-2021,s.3
- s.13 amended by R-098-2019,s.6 in force Jan. 1, 2020
- s.14 amended by R-021-2015,s.2 in force April 1, 2015
- s.17 amended by R-036-2013,s.2
- s.18 repealed by R-033-2008,s.3
- s.3.1 Dental Profession Act
- s.3.1 Engineering and Geoscience Professions Act
- s.3.1 Legal Profession Act
- s.3.1 Medical Profession Act
- s.3.1 Midwifery Profession Act
- s.3.1 Nursing Profession Act
- s.3.1 Nursing Profession Act
- s.3.1 Nursing Profession Act
- s.3.1 Nursing Profession Act
- s.4 Motor Vehicles Act
- s.4 Motor Vehicles Act
- s.4.01 Oil and Gas Operations Act
- None.
The Commissioner, on the recommendation of the Minister, under sections 58, 59 and 60 of the Employment Standards Act and every enabling power, makes the Employment Standards Regulations.
Interpretation
In these regulations,
"business of an Adjudicator" means
(a) the exercise of a power or performance of a duty under the Act by an Adjudicator,
(b) the performance by an Adjudicator of any other related assignment approved by the Minister, or
(c) any travel required of an Adjudicator to exercise a power or to perform a duty or other assignment; (travaux de l’arbitre)
"construction industry"
(a) means the industry in which the activities of constructing, erecting, reconstructing, altering, remodelling, repairing, revamping, renovating, decorating or demolishing any building, structure, road, sewer, water main, pipeline, tunnel, shaft, bridge, wharf, pier, canal, dam or any other work or any part of a work are undertaken, and
(b) includes all activities undertaken with respect to all machinery, plant, fixtures, facilities, equipment, systems and processes contained in or used in connection with a work described in paragraph (a), but does not include maintenance work; (industrie de la construction)
"domestic worker" means a worker employed in domestic work in a private residence in which the worker’s employer ordinarily resides, but does not include a sitter who provides care or supervision to children on an occasional or short-term basis; (travailleur domestique) "meal break" means a period of time during which an employee may consume food, and is not required to work or to be at the disposal of the employer. (pause-repas) R-098-2019,s.2.
Exemptions
Repealed, R-098-2019,s.3.
The Act does not apply to
(a) a student who, as part of his or her school curriculum, is employed in a work program; or
(b) the employer of a student described in paragraph (a).
Sections 7 to 11 of the Act do not apply to an employee or the employee’s employer where, in the course of employment, the employee is acting as
(a) a licensee as defined in the Dental Profession Act or a person registered in the Student Register under that Act;
(b) a professional engineer or professional geoscientist as defined in the Engineering and Geoscience Professions Act;
(c) a member or a student-at-law as defined in the Legal Profession Act;
(d) Repealed, R-096-2023,s.2;
(e) a medical practitioner as defined in the Medical Profession Act or a person registered in the Education Register under that Act;
(f) a registered midwife as defined in the Midwifery Profession Act;
(g) a registered nurse, a temporary certificate holder (registered nurse), a registered nurse authorized prescriber or a temporary certificate holder (registered nurse authorized prescriber), each as defined in the Nursing Profession Act;
(h) a nurse practitioner or a temporary certificate holder (nurse practitioner), each as defined in the Nursing Profession Act;
(i) a licensed practical nurse or a temporary certificate holder (licensed practical nurse), each as defined in the Nursing Profession Act; or
(j) a registered psychiatric nurse, a temporary certificate holder (registered psychiatric nurse), a registered psychiatric nurse authorized prescriber or a temporary certificate holder (registered psychiatric nurse authorized prescriber), each as defined in the Nursing Profession Act.
(1) Section 8 of the Act does not apply to an employee who is a driver and whose on duty time is regulated under the Hours of Service Regulations made under the Motor Vehicles Act.
(2) The maximum hours of work for an employee who is a driver and whose on duty time is regulated under the Hours of Service Regulations made under the Motor Vehicles Act, must not exceed the maximum hours that a driver may, under those regulations, be on duty.
(1) Subsections 8(1) and (2) of the Act do not apply to an employee who is a member of a diving crew and whose on duty time is regulated under the Oil and Gas Diving Regulations made under the Oil and Gas Operations Act.
(2) The maximum hours of work for an employee described in subsection (1) shall not exceed the maximum hours for a member of a diving crew set out in the Oil and Gas Diving Regulations. R-037-2014,s.2.
Subsection 37(1) of the Act does not apply to an employee who is employed
(a) in the construction industry;
(b) for less than 180 days in a year, seasonally or intermittently, in an activity, business, work, trade or profession;
(c) in an activity, business, work, trade or profession, for a definite term or task for a period not exceeding 365 days where at the end of the term the employment is terminated; or
(d) in an activity, business, work, trade or profession for less than 25 hours in a week.
Minimum Wage
The prescribed minimum wage is $16.95 per hour, or not less than the equivalent rate for the time worked by the employee. R-051-2015,s.3; R-054-2018,s.2; R-033-2021,s.2; R-052-2023,s.2; R-084-2024,s.2; R-065-2025,s.2.
Wages for Unscheduled Call to Work
(1) If an employee who reports for work at the call of an employer was not scheduled in advance to work, the employer shall pay the employee wages, at the employee’s regular rate of pay, for a minimum of four hours.
(2) Subsection (1) applies whether or not the employee, after reporting for work, is called on to perform any work.
Deductions from Wages
(1) If board, whether full or partial, is supplied by or on behalf of an employer to an employee, the employer shall not reduce the employee’s wages for any pay period below the minimum wage, by an amount that would exceed $0.65 for each meal.
(2) If living quarters are supplied by or on behalf of an employer to an employee, the employer shall not reduce the employee’s wages for any pay period below the minimum wage, by an amount that would exceed $0.80 for each day of the employee’s residence in the living quarters.
(3) Subsection (2) applies whether or not
(a) the living quarters are permanent or temporary; or
(b) the living quarters are self-contained or the employer retains general possession and custody of the living quarters.
(4) An employer shall not reduce an employee’s wages below minimum wage
(a) for providing, maintaining or laundering any article of wearing apparel or uniform that the employer requires the employee to wear; or
(b) for accidental breakages by an employee of any article of property belonging to the employer.
(5) Subsections (1), (2) and (4) apply whether or not the reduction of wages would occur by a deduction from wages, or by payment from the employee to the employer.
Domestic Workers R-098-2019,s.4.
On employing a domestic worker, the employer shall provide to the worker for the worker’s signature an employment contract containing, but not limited to, the following:
(a) the duties the domestic worker is to perform;
(b) the days and hours of work that the domestic worker is to work in a week;
(c) the wage rate and when wages are to be paid;
(d) if the domestic worker is to reside at the employer’s private residence, the amount agreed upon for monthly room and board.
Waiver and Postponement of Annual Vacation
(1) An employer and an employee may together make an application to the Employment Standards Officer requesting the Officer to authorize a waiver by the employee of his or her entitlement, under section 24 of the Act, to an annual vacation, or to a portion of it, in respect of a particular year of employment.
(2) An application under subsection (1) must include all of the following:
(a) the name and address of the employer;
(b) the name and address of the employee;
(c) the year of employment to which the waiver would apply;
(d) a description of the portion of the annual vacation that would be waived;
(e) a statement by the employer and employee that exceptional circumstances warrant the employee’s waiver, and a description of the exceptional circumstances;
(f) a copy of the employee’s proposed waiver;
(g) any other information required by the Employment Standards Officer.
(3) An application under subsection (1) may include a statement as to the day by which the vacation pay for the portion waived will be paid if the waiver is approved.
(4) If the Employment Standards Officer is satisfied that exceptional circumstances exist warranting the employee’s waiver, the Officer may authorize the waiver in respect of the particular year of employment.
(5) If the Employment Standards Officer authorizes the employee’s waiver, the employer shall pay to the employee the vacation pay for the portion waived on or before the earlier of
(a) the day that is six months immediately following the completion of the year of employment for which the employee was entitled under the Act to an annual vacation; and
(b) the day for payment of the vacation pay set out in the application, if the application included a statement as to the day.
(1) In the event of a temporary layoff under section 42 of the Act, an employee may make an application to the Employment Standards Officer requesting that the Officer make an order
(a) waiving the employee’s entitlement to an annual vacation, or a portion of it; and
(b) requiring an employer to pay vacation pay in accordance with section 25 of the Act for the portion of annual vacation waived.
(2) An application under subsection (1) must include all of the following:
(a) the name and address of the employer;
(b) the name and address of the employee;
(c) a copy of the employee’s written notice of temporary layoff;
(d) a description of the annual vacation and vacation pay to which the employee is entitled;
(e) a description of the portion of the employee’s annual vacation entitlement that the employee wishes to waive;
(f) a copy of a written notice from the employee to the employer requesting a joint application under section 8;
(g) a statement by the employee that the employer has refused to make an application under section 8;
(h) any other information required by the Employment Standards Officer.
(3) Upon receipt of the information required under subsection (2), the Officer may make an order
(a) requiring the employer to waive the employee’s entitlement to an annual vacation, or a portion of it and to pay vacation pay for the portion of annual vacation waived; and
(b) specifying the date by which the vacation pay must be paid to the employee.
(1) An employer and an employee may together file with the Employment Standards Officer an agreement to postpone the employee’s entitlement, under section 24 of the Act, to an annual vacation with vacation pay, or to a portion of it, for a particular year of employment.
(2) The agreement must include a statement by the employer and the employee that each of them desires the postponement.
(3) On filing an agreement made in accordance with this section, the postponement is in effect.
(4) The entitlement to an annual vacation with vacation pay, postponed under this section, is deemed to be added to the entitlement of the employee for the next year of employment.
(1) An employee may make an application to the Employment Standards Officer requesting the Officer to make an order that requires the employer to postpone the employee’s entitlement, under section 24 of the Act, to an annual vacation with vacation pay, or a portion of it, from one year of employment to the next.
(2) An application under subsection (1) must include all of the following:
(a) the name and address of the employer;
(b) the name and address of the employee;
(c) the year of employment to which the postponement would apply;
(d) a description of the portion of the annual vacation that would be postponed;
(e) a statement by the employee that exceptional circumstances warrant the postponement, and a description of the exceptional circumstances;
(f) a copy of a written application from the employee to the employer requesting the postponement and describing the exceptional circumstances that warrant it;
(g) a statement by the employee that he or she has provided the written application for postponement to the employer and that the employer has not granted the request;
(h) any other information required by the Employment Standards Officer.
(3) If the Employment Standards Officer is satisfied that exceptional circumstances exist warranting the postponement, the Officer may make an order requiring the employer to postpone the employee’s annual vacation with pay, or a portion of it, to the next year of employment.
Pregnancy and Parental Leave
To be entitled under the Act to pregnancy leave, an employee must be employed by the employer for a period of at least 12 consecutive months before the day on which the employee
(a) intends to commence the leave, in the case of a request for leave referred to in paragraph 26(2)(b) of the Act;
(b) ceases work, if subsection 26(3) of the Act applies; or
(c) gives birth, if subsection 26(5) of the Act applies.
To be entitled under the Act to parental leave, an employee must be employed by the employer for a period of at least 12 consecutive months before the day on which the employee
(a) intends to commence the leave, in the case of a request for leave referred to in paragraph 28(5) of the Act; or
(b) commences the leave, if subsection 28(6) of the Act applies. Family Caregiver Leave R-098-2019,s.5.
To be entitled under the Act to family caregiver leave, an employee must be employed by the employer for a period of at least six consecutive months. R-098-2019,s.5.
Family Violence Leave R-098-2019,s.5.
To be entitled under the Act to family violence leave, an employee must be employed by the employer for a period of
(a) at least one consecutive month, in the case of unpaid leave under paragraph 30.2(4)(a) or (b) of the Act; and
(b) at least three consecutive months, in the case of paid leave under paragraph 30.2(4)(a) of the Act.
Reservist Leave
For the purposes of section 32.1 of the Act,
(a) an employee is entitled to take reservist leave to participate in a military activity that is a training activity if
(i) the training activity is for a period not exceeding 15 days, and
(ii) the start date for the reservist leave is at least one year after the date the employee returned to work following the most recent previous reservist leave taken to participate in a training activity;
(b) an employee is entitled to take reservist leave for a military activity other than a training activity if the start date for the reservist leave is at least one year after the date the employee returned to work following the most recent previous reservist leave taken to participate in a military activity other than a training activity.
For the purposes of section 32.2 of the Act, "undue hardship" means excessive financial cost or disruption to an employer's business or undertaking having regard to the effect on
(a) the financial stability and profitability of the business or undertaking;
(b) the essence or purpose of the business or undertaking; and
(c) the employees, customers or clients of the business or undertaking. R-064-2013,s.2.
Continuity of Employment R-031-2021,s.3.
A temporary layoff that results in an absence from employment of an employee is deemed not to have interrupted the continuity of employment of that employee. R-031-2021,s.3.
Meal Breaks
(1) Subject to this section, an employer shall not require or permit an employee to work, or to be at the disposal of the employer, without a meal break, for a period greater than five hours.
(2) The minimum period that an employer shall allow an employee for a meal break is 30 minutes.
(3) Subsections (1) and (2) do not apply if a collective agreement provides for the timing and duration of meal breaks.
(4) Subsections (1) and (2) do not apply if the Employment Standards Officer approves a different arrangement made between an employer and employee in respect of the timing and duration of meal breaks.
Youth Work R-098-2019,s.6.
The occupation of domestic worker is prescribed for the purposes of paragraph 44(i) of the Act. R-098-2019,s.6.
Adjudicator’s Daily Allowance and Expenses
(1) Subject to subsections (2) and (3), an Adjudicator is entitled to be paid an allowance of $600 for each day on which he or she performs the business of an Adjudicator.
(2) An Adjudicator who performs the business of an Adjudicator for half a day is entitled to be paid an allowance of $300 for that day.
(3) An Adjudicator who performs the business of an Adjudicator for three hours or less on a particular day is entitled to be paid an allowance of $90 an hour for that day. R-021-2015,s.2.
(1) An Adjudicator is entitled to be reimbursed for the travel and living expenses incurred when performing the business of an Adjudicator, in accordance with the rates applicable to members of the public service on duty travel.
(2) Subject to subsection (3), an Adjudicator is entitled to be reimbursed for expenses in respect of telephone calls, fax transmissions, photocopying and paper, incurred while performing the business of an Adjudicator.
(3) An Adjudicator shall provide receipts or other documentary evidence in support of expenses claimed under subsection (2) in excess of $20 for a one month period.
Costs Awarded by Adjudicator
An Adjudicator may not impose costs against the Employment Standards Officer.
Fee on Appeal
The fee payable upon commencement of an appeal under section 72 of the Act is $50. R-036-2013,s.2.
Repealed, R-033-2008,s.3.