OBCCTC Decision #6/2016:
Section 13(1) of the Regulation states the minimum hourly rates of pay are “inclusive of benefits”. Section 1.1 of the Regulation states that “benefit” does not include “(c) wages or other remuneration calculated on the basis of work done or productivity”. As vacation pay is a form of wages or other remuneration calculated on the basis of work done, it is not a benefit that can be included in calculating payment of the minimum hourly rate. It must be paid in addition to the minimum hourly rate.