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Tip out rules in your province

British Columbia

Gratuities (tips) are not wages unless used to pay an employer’s business costs. Gratuities are paid by customers to the person who served them in appreciation for the service. While tips are considered income for income tax purposes, they are not wages for purposes of this Act. Since tips are not paid by the employer to the employee for work performed, they are not wages, therefore, the Director has no jurisdiction over tips

However, under s.21(3), an employer may not use tips to cover a business cost. Gratuities used to pay an employer’s business costs are deemed by this section to be wages under the Act.

Employers can require employees to pool their tips, and to share them with those employees who work in positions that otherwise have no access to tips.

http://www.bclaws.ca/Recon/document/ID/freeside/00_96113_01

To file a complaint: https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/factsheets/filing-a-complaint

Quebec

An employee receiving tips has the right to participate in a tip-sharing arrangement. This arrangement, whether verbal or in writing, must result from the free and voluntary consent of the employees who are entitled to the tips.

The employer cannot impose such an arrangement on employees or intervene in the reaching of such an arrangement.

Employees who participate in a tip-sharing arrangement may ask their employer to manage the application of the arrangement and to distribute the tips among all of the participants.

An employee hired in an establishment where a tip-sharing arrangement already exists is required to take part in this arrangement.

Likewise, Quebec law states: “Any gratuity or tip paid directly or indirectly by a patron to an employee who provided the service belongs to the employee of right and must not be mingled with the wages that are otherwise due to the employee.”

https://www.cnt.gouv.qc.ca/en/wages-pay-and-work/wages/wages-employees-receiving-tips/index.html

To file a complaint: : https://www.cnt.gouv.qc.ca/en/on-line-services/on-line-complaints/index.html?no_cache=1

Alberta

Tips are not considered wages.

For information about employer and employee rights and responsibilities, visit the links on this page or call the Employment Standards Contact Centre at 1‑877‑427‑3731.

https://work.alberta.ca/documents/employment-standards-guide-for-hospitality-industry.pdf

https://www.alberta.ca/employment-standards.aspx

To file a complaint: https://work.alberta.ca/employment-standards/information-anonymously.html

Saskatchewan

Tips are not considered wages

Not protected from employers

http://www.qp.gov.sk.ca/documents/English/Statutes/Statutes/s15-1.pdf

Rights and responsibilities of the workplace: https://www.saskatchewan.ca/business/safety-in-the-workplace/rights-and-responsibilities-in-the-workplace

To file a complaint: https://www.saskatchewan.ca/business/employment-standards/complaints-investigations-enforcement-and-fines/file-an-employment-standards-complaint#how-to-make-an-employment-standards-complaint

Manitoba

http://web2.gov.mb.ca/laws/statutes/ccsm/e110e.php#86

Employment info : https://www.gov.mb.ca/labour/standards/index.html

Filing a complaint https://www.gov.mb.ca/labour/standards/doc,filing-claim,factsheet.html

Yukon

Gratuities not included as wages

http://www.community.gov.yk.ca/pdf/es_faq.pdf

To file a complaint: : http://www.community.gov.yk.ca/complaints.html

Northwest Territories

Tips not included as wages

https://www.ece.gov.nt.ca/en/services/employment-standards

To file a complaint: : https://www.ece.gov.nt.ca/en/services/employment-standards/filing-complaint

Nunavut

Labour Act-

Nova Scotia

Gratuities not included as wages

Pay includes wages (e.g., hourly, salary, commissions, piecework), holiday pay, overtime pay and vacation pay. Pay does not include tips and gratuities. Tips and gratuities are not protected by the Labour Standards Code.

https://nslegislature.ca/sites/default/files/legc/statutes/labour%20standards%20code.pdf

https://novascotia.ca/lae/employmentrights/docs/labourstandardscodeguide.pdf

To file a complaint: - https://novascotia.ca/lae/employmentrights/process.asp

New Brunswick

Tips and gratuities are the property of the employee to whom or for whom they are given, and shall not be withheld by the employer or treated by the employer as wages.

An employer may adopt a practice whereby tips and gratuities are pooled, at the option of the employee, for the benefit of some or all of the employees but such practice does not give the employer a proprietary interest in the tips and gratuities so pooled.

http://laws.gnb.ca/en/ShowPdf/cs/E-7.2.pdf

To file a complaint: http://www2.gnb.ca/content/gnb/en/departments/post-secondary_education_training_and_labour/People/content/EmploymentStandards.html

PEI

Tips and gratuities are the property of the employee to whom or for whom they are given.

No employer of an employee shall require the employee to share a tip or a gratuity with the employer of the employee.

(9) An employer shall not pass on any administrative charges of the employer, including credit card or debit card charges, to an employee.

(10) An employer may adopt the practice of pooling tips and gratuities for the benefit of some or all of the employees, but such practice does not give the employer a proprietary interest in the tips and gratuities so pooled.

(11) An employer shall advise an employee, in writing, of any pooling policy in effect at the time the employee is hired

There is little legislation or common law to clarify ownership. Tips and gratuities “intended for an employee” in Prince Edward Island are the property of the employee. If they are taken by the employer, they must be returned within 60 days.

https://www.princeedwardisland.ca/sites/default/files/legislation/e-06_2.pdf

https://www.cplea.ca/who-owns-the-tips/

https://www.princeedwardisland.ca/en/topic/employment-standards-0

To file a complaint: https://www.princeedwardisland.ca/en/service/file-formal-complaint-under-pei-employment-standards-act-non-union

Newfoundland and Labrador

Tips or gratuities are the property of the employee to whom or for whom they are given.

(2) An employee shall not be required to share a tip with an employer, a manager or supervisor of the employee or an employer's representative.

http://assembly.nl.ca/Legislation/sr/statutes/l02.htm#38_"

https://www.ceridian.ca/en/resources/compliance-centre/employment-standards/newfoundland-labrador.html

To file a Complaint: https://www.gov.nl.ca/lrb/board/contact.html