Employers must establish a regular pay period and a regular payday for employees.
An employer has to pay all the wages earned in each pay period, other than vacation pay that is accruing, no later than the employee's regular payday for the period.
Some employees earn commissions or "bonuses" based on sales made in a pay period. In these situations, the employment contract or the practice of the employer often provide that the commission or bonus is not "due and owing" or "earned" until some future event has occurred. For example, this could be when goods or services have been delivered to the customer and full payment has been received. In such cases, the commission or bonus is not "earned" in the pay period in which the sales are actually made. Instead, in accordance with the employer's accepted or agreed-on practice, it is "earned" and paid at a later date.
There are special rules about when employees must be paid their vacation pay. Refer to the When to Pay Vacation Pay chapter for more information.
An employer may pay wages, including vacation pay, by:
If payment is by cash or cheque, the employee must be paid the wages at the workplace or at some other place agreed to in writing by the employee.
If the wages are paid by direct deposit, the employee's account must be in his or her name. Nobody other than the employee can have access to the account unless the employee has authorized it. The branch or facility of the employee's financial institution must be within a reasonable distance from where the employee usually works, unless the employee agrees otherwise in writing.
If an employee stops working, the employer must pay his or her outstanding wages, including vacation pay (plus any payments due to the employee because the employment has ended--see Termination of Employment and Severance Pay):
whichever is later.
On or before an employee's payday, the employer must provide the employee with a wage statement that sets out:
The wage statement must be:
The employee must be able to keep this information separate from his or her cheque.
Employees may request (in writing) a statement containing the information in the employer's vacation records. The employer is required to provide the information no later than:
whichever is later, but subject to the following:
The employer is required to provide the information with respect to each stub year or vacation entitlement year only once.
If the employee has agreed that vacation pay will be paid on each pay cheque as it is earned, the employer does not need to keep records and provide statements about vacation pay as discussed above. Instead, the employer must report the vacation pay that is being paid separately from the amount of other wages on each wage statement, or provide a separate statement setting out the vacation pay that is being paid. The employer must also keep a record of that information.
Only three kinds of deductions can be made from an employee's wages or vacation pay:
Federal and provincial statutes sometimes require an employer to withhold or make deductions from an employee's wages. For example, employers are required to make deductions for income taxes, employment insurance premiums and Canada Pension Plan contributions.
An employer is not permitted to deduct more than the applicable statute allows and cannot make deductions if the money is not remitted to the proper authority.
A court order may say that an employee owes money either to the employer or to someone else other than his or her employer, and that the employer can make a deduction from the employee's wages.
If a court determines that an employee owes the employer money, the court order does not have to specifically allow the employer to deduct the debt from the employee's wages. The employer can make the deduction.
However, suppose an employee owes money to someone else other than his or her employer. In this case, a court order may direct an employer to make a deduction from an employee's wages and send the money to a third party. The employer is not allowed to make this deduction if the money is not properly sent on to the third party.
The Wages Act also limits how much the employer is allowed to deduct at any one time.
An employer may also deduct money from an employee's wages if the employee has signed a written statement authorizing the deduction. This is called a "written authorization."
An employee's written authorization must state that a deduction from wages is allowed. The authorization must also:
An employee's verbal authorization or a general statement ("blanket authorization") that an employee owes money to the employer under certain circumstances is not sufficient to allow a deduction from wages.
Even with a signed authorization, an employer cannot make a deduction from wages if: