Wages Liability Act (R.S.C., 1985, c. W-1)

Short Title

Marginal note:Short title

1 This Act may be cited as the Wages Liability Act.

Public Works

Marginal note:Payment of claims for wages due two months

2 If any contractor with Her Majesty, or any subcontractor in the construction of any public work let under contract by Her Majesty, defaults in the payment of the wages of any foreman, workman or labourer employed on the work, or in the payment of any sum due for the labour of any such foreman, workman or labourer, or of any team employed on the work, and if a claim therefor is filed, not later than two months after the payment becomes due, in the office of the minister entering into the contract on behalf of Her Majesty and satisfactory proof thereof is furnished, Her Majesty may pay the claim to the extent of the amount of all moneys or securities held by Her Majesty for securing the performance of the contract at the time of the filing of the claim.

Marginal note:Demand for statement from contractor

3 Her Majesty may demand in writing that each contractor or subcontractor shall, not later than the tenth day of each month or at any other time within ten days after receiving a demand, file in the office of the minister referred to in section 2 a list showing the names, rate of wages, amounts paid and amounts due and unpaid for wages or labour done by every foreman, workman, labourer and team employed by the contractor or subcontractor during the previous month, or up to the time of the service of the demand, and attested on the oath or statutory declaration of the contractor or subcontractor or his authorized agent.

Subsidized Works

Marginal note:Subsidy may be retained to satisfy wages

• 4 (1) Whenever any subsidy, advance, loan or bonus of money is authorized by Parliament to be granted to any company or person toward the construction of any railway or other work, it shall, in the absence of special provision by Parliament to the contrary, be a condition of the grant that Her Majesty may retain so much of the money as the Governor in Council thinks proper to secure the payment of claims for wages of persons employed on the railway or work, either by that company or person or by any contractor or subcontractor, or for sums due or to become due for the labour of persons or teams so employed.

• Marginal note:Claims unpaid for thirty days

  (2) If any claim for wages, or for any sum described in subsection (1), remains unpaid for thirty days after notice thereof has been served on the Minister of Transport, or such other minister as is charged with the supervision of the railway or work, the Governor in Council may, on being satisfied that the claim is due and unpaid, direct that it be paid, together with all proper costs and charges in connection therewith, out of any moneys so retained.

Works by Chartered Companies

Marginal note:Liability of company for wages

• 5 (1) Every company incorporated by, or receiving a renewal or extension of its charter from, Parliament for the construction of railways, canals, telegraph lines and other works becomes and is, by virtue of accepting the incorporation, renewal or extension of its charter, liable for the payment of wages, for a period not exceeding three months, of every foreman, workman, labourer or team employed in the construction of any work in Canada done by or for the company, whether directly under the company or through the intervention of any contractor or subcontractor.

• Marginal note:Rights of workmen preserved

  (2) Nothing in this section shall be construed in any way to prejudice or affect the right of any foreman, workman or labourer against any contractor or subcontractor with whom he has contracted.

Marginal note:Notice of unpaid wages

6 Where a foreman, workman or labourer described in section 5 is not paid wages for himself or his team by any contractor or subcontractor by whom he has been employed, a notice stating the name of the claimant, the amount of wages claimed, the rate of those wages, the nature and amount of work done, the time when, the place where, and the name of the contractor or subcontractor, superintendent or foreman for whom the work was done shall be served on the company not later than two months after those wages are earned, and the notice shall be followed up by the commencement of a suit in a court of competent jurisdiction for the collection of those wages within thirty days after the service of the notice or the liability mentioned in section 5 ceases.

Marginal note:Service of notice

7 The notice described in section 6, and any summons, notice, order or other process required to be served on the company for the prosecution of the claim, may be served on the president, vice-president, secretary, managing director, superintendent or engineer, or any recognized officer representing the company, or by leaving it with any adult person at the office or residence of any of them.

Offences and Punishment

Marginal note:Refusing to furnish statement

• 8 (1) Every contractor or subcontractor who, having received the demand from Her Majesty made pursuant to section 3, defaults in forwarding the list required is guilty of an offence and liable to a fine of not more than one hundred dollars and not less than ten dollars for every day during which the default continues.

• Marginal note:Determining the amount of fine

  (2) The amount of the fine, within the limits set out in subsection (1), shall be determined by the minister under whom the work is being executed, and may be deducted out of the moneys held by Her Majesty, deposited by or owing to the contractor, and shall become vested in Her Majesty.