Division 23 amends part three of the Canada Labour Code to set a free-standing federal minimum wage. Clause 247 provides that an employee should be paid at least the new federal minimum wage, which is specified later in clause 248 as $15 per hour. It also specifies that if a provincial or territorial minimum wage rate is higher, the employee should be paid that higher provincial or territorial rate.
In addition, if the provincial or territorial minimum wage rate is based on age, the highest rate should be used to determine whether the federal, provincial or territorial rate prevails.
Finally, there is also a consequential amendment to ensure that when the minimum wage is calculated on a basis other than time, or a combination of time and some other basis, the minister would be able to, by order, fix a rate that is equivalent to the new federal minimum wage or the provincial or territorial rate, whichever is higher.