2017, c. 22, Sched. 2000, c.41, s.36 (2). (4) An employee who is entitled to both termination pay and severance pay shall make the same election in respect of each. 2000, c.41, s.113 (2). 4. 1, s. 59 (2). 2009, c.9, s.3. 3. If the employee performs some of the work that he or she was required to perform on the public holiday but fails, without reasonable cause, to perform all of it, he or she is entitled to premium pay for each hour worked on the public holiday but has no other entitlement under subsection (2). 2009, c.9, s.17; 2017, c. 22, Sched. 2, s. 3. 351.302. 2000, c.41, s.81 (6). 615), Sec. (vii) participates in proceedings respecting a by-law or proposed by-law under section 4 of the Retail Business Holidays Act, (viii) is or will become eligible to take a leave, intends to take a leave or takes a leave under Part XIV; or, Note: On a day to be named by proclamation of the Lieutenant Governor, clause 74 (1) (a) of the Act is amended by striking out or at the end of subclause (viii) and by adding the following subclause: (See: 2021, c. 35, Sched. 2009, c.9, s.3. (3) An employment standards officer is not required to hold a hearing in exercising any power or making any decision under this Act. 2002, c.18, Sched. 1, s. 38. (2) Subsection (1) does not apply if the employer and the employee agree, whether or not in writing, that the employee is to be given two eating periods that together total at least 30 minutes in each consecutive five-hour period. 2021, c. 9, s. 2 (5). 2017, c. 22, Sched. (tat) 2000, c.41, s.130 (1). 1, s. 63. 88.2 (1) The Director may give recognition to an employer, upon the employers application, if the employer satisfies the Director that it meets the prescribed criteria. 2000, c.41, s.137 (4). 74.16 (1) If an employment standards officer finds that a temporary help agency has contravened paragraph 4, 6, 7 or 10 of subsection 74.8 (1), the officer may order that the assignment employee or prospective assignment employee be compensated for any loss he or she incurred as a result of the contravention. (7) Any disclosure of personal information made under subsection (6) shall be deemed to be in compliance with clause 42 (1) (d) of the Freedom of Information and Protection of Privacy Act. (2) If, in the course of investigating a complaint, an employment standards officer finds that an employer has contravened this Act or the regulations with respect to an employee who did not file a complaint, the officer may not issue an order for wages that became due to that employee as a result of that contravention if the wages became due more than two years before the complaint was filed. Big Blue Interactive's Corner Forum is one of the premiere New York Giants fan-run message boards. 2, s. 10. 2. 2000, c.41, s.146. 2017, c. 22, Sched. (10) Subsection (6) applies with necessary modifications to a leave deemed to have been taken under subsection (8). 2021, c. 9, s. 2 (2). 9, s.1(6). (a) the employees authorization does not refer to a specific amount or provide a formula from which a specific amount may be calculated; (b) the employees wages were withheld, deducted or required to be returned, (ii) because the employer had a cash shortage, lost property or had property stolen and a person other than the employee had access to the cash or property, or, (iii) under any prescribed conditions; or. Overtime pay that was earned during the relevant pay period. 2009, c.9, s.3. (i) asks the employer to comply with this Act and the regulations. 20, s.1 (1). 2000, c.41, s.92 (3). 145 Omitted (provides for coming into force of provisions of this Act). 133 (1) If an employer is convicted under section 132 of contravening section 74 or paragraph 4, 6, 7 or 10 of subsection 74.8 (1) or if a client is convicted under section 132 of contravening section 74.12, the court shall, in addition to any fine or term of imprisonment that is imposed, order that the employer or client, as the case may be, take specific action or refrain from taking specific action to remedy the contravention. 14. 1, s. 26 (1); 2021, c. 40, Sched. (b) Any property registered in the manner described by Subsection (a) shall be kept: (1) in the possession and control of the personal representative at all times; and. (a) shall pay any amount collected with respect to wages, fees or compensation. 2000, c.41, s.58 (5). A, s.3. (a) the settlement is binding on the parties; (b) any complaint filed by the employee respecting the contravention or alleged contravention is deemed to have been withdrawn; (c) any order made in respect of the contravention or alleged contravention is void; and. 2000, c.41, s.124 (2). Contact information for the client, including address, telephone number and one or more contact names. 2000, c.41, s.123 (1). (2) For the purposes of subsection (1), if a client is a corporation, a reference to the client or person includes a director or employee who was served with a notice requiring him or her to attend the meeting or to bring or make available any records or other documents. 1, s. 59 (2). (2) An employer who is required to give notice under this section, (a) shall provide to the Director the prescribed information in a form approved by the Director; and. 2002, c.18, Sched. (2) For the purposes of paragraph 3 of subsection (1), if a client is a corporation, a reference to the client includes a director or employee who was served with a notice requiring him or her to attend the meeting or to bring or make available any records or other documents. 2000, c.41, s.53 (1). 2021, c. 35, Sched. 7, eff. 1, s. 19. state includes another province or territory of Canada, a foreign state and a political subdivision of a state. 50 (1) An employee who has been employed by an employer for at least two consecutive weeks is entitled to a leave of absence without pay because of a personal illness, injury or medical emergency. (2.0.3.3) The Lieutenant Governor in Council may make regulations providing for any transitional matter that the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of the amendments made by the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020. 2000, c.41, s.65 (8). 2000, c.41, s.62 (2). 2002, c.18, Sched. (a) a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise, or. 52.1 (1) If a provision in this Part requires that an employee who takes a leave to provide care or support to a person take the leave in periods of entire weeks and, during a week of leave, an employee ceases to provide care or support, (a) the employees entitlement to leave continues until the end of the week; and. excluded week means a week during which, for one or more days, the employee is not able to work, is not available for work, is subject to a disciplinary suspension or is not provided with work because of a strike or lock-out occurring at his or her place of employment or elsewhere. 2000, c.41, s.114 (3). 2017, c. 22, Sched. The special purposes. (2) The employer and the other person or persons described in subsection (1) shall all be treated as one employer for the purposes of this Act. 2018, c. 14, Sched. Sec. (5) The employer shall post the information required under clause (2) (b) in at least one conspicuous place in the employers establishment where it is likely to come to the attention of the affected employees and the employer shall keep that information posted throughout the notice period required under this section. (a) monetary remuneration payable by an employer to an employee under the terms of an employment contract, oral or written, express or implied, (b) any payment required to be made by an employer to an employee under this Act, and. 2000, c.41, s.124 (1). 2, s. 10. 2000, c.41, s.145. 2021, c. 35, Sched. January 1, 2014. (b) the employer makes contributions for vacation pay to the trustees of a multi-employer vacation benefit plan. I, s.1(28). (a) arrange with the employer that the employer pay the wages directly to the employee; (a.1) order the employer to pay wages to the employee; or. (conjoint) 2000, c.41, s.45; 2001, c.9, Sched. (4) The Director may publish or otherwise make available to the public information relating to employers given recognition under subsection (1), including the names of employers. (b) in the prescribed circumstances, a member of a prescribed class of health practitioners. 2021, c. 35, Sched. 2010, c.16, Sched. 2000, c.41, s.1 (3). 2000, c.41, s.48 (6). (a) On the application of the executor or administrator of an estate or of any interested party, and after notice of the application has been given by posting, the court may order and direct the executor or administrator to pay, or credit to the account of, those persons who the court finds will own the estate assets when administration on the estate is completed, and in the same proportions, that part of the annual net income received by or accruing to the estate that the court finds can conveniently be paid to those owners without prejudice to the rights of creditors, legatees, or other interested parties, if: (1) it appears from evidence introduced at a hearing on the application, and the court finds, that the reasonable market value of the estate assets on hand at that time, excluding the annual income from the estate assets, is at least twice the aggregate amount of all unpaid debts, administration expenses, and legacies; and. 2000, c.41, s.128 (4). 2021, c. 9, s. 3. 80 (1) This Part applies with respect to shareholders described in section 79 only to the extent that the directors are relieved, under subsection 108(5) of the Business Corporations Act or subsection 146(5) of the Canada Business Corporations Act, of their liability to pay wages to the employees of the corporation. 2000, c.41, s.137 (7). 1, s. 65. (5) If an employer terminates the employment of an employee under clause (1) (c), the employment shall be deemed to be terminated on the first day of the lay-off. (b) because the client or temporary help agency is or may be required, because of a court order or garnishment, to pay to a third party an amount owing to the assignment employee. An excluded week shall not be counted as part of the 35 weeks referred to in clause 63 (1) (c) but shall be counted as part of the 52 consecutive week period referred to in clause 63 (1) (c). all rights reserved. 2009, c.9, s.4. 2000, c.41, s.78 (1). 2000, c.41, s.73 (1). AUTHORITY TO SERVE PENDING APPEAL OF APPOINTMENT. 1, s. 8 (2). 66 (1) An employer may pay severance pay to an employee who is entitled to it in instalments with the agreement of the employee or the approval of the Director. 2021, c. 35, Sched. (d) If a new lien is created on estate property, the court may require, for the protection of the estate and the creditors, that the personal representative's general bond be increased or an additional bond given, as for the sale of real property belonging to the estate. (5) The parties to the review are the applicant for review and the Director. 2017, c. 22, Sched. (3) The designated authority of a reciprocating state may apply to the Director for enforcement of an order for the payment of money issued under the employment standards legislation of that state. (c) find that the person did contravene the provision but amend the notice by reducing the penalty. 9, s. 1 (3). (2) Both active employment and inactive employment shall be included for the purposes of subsection (1). 2, s. 25 (2)). (3) An employee to whom this section applies may forego vacation and receive vacation pay in accordance with section 41 rather than completing his or her vacation under this section. 1, s. 57. 2014, c. 10, Sched. 2009, c.9, s.12. Any individual prescribed as a family member for the purposes of this section. Retention of disconnecting from work policies. (b) the employee is not entitled to the shift premium for any leave taken under this section. 144 Omitted (amends or repeals other Acts). (6) Subject to subsection (7), an employee is entitled to take up to 17 weeks of leave under this section to provide care or support to a critically ill adult. 1, s.12. (2) An employee who has been employed by an employer for at least 13 consecutive weeks is entitled to a leave of absence if the employee or a child of the employee experiences domestic or sexual violence, or the threat of domestic or sexual violence, and the leave of absence is taken for any of the following purposes: 1. (9) Except as otherwise provided for in subsection (8), an employee may take a leave under this section only during the 105-week period that begins in the week the child disappears. (9) An employee may take a leave at a time other than that indicated in the plan provided under subsection (7) or (8) if the change to the time of the leave meets the requirements of this section and. (5) An employee who has been employed by his or her employer for at least six consecutive months is entitled to a leave of absence without pay to provide care or support to a critically ill adult who is a family member of the employee if a qualified health practitioner issues a certificate that, (a) states that the adult is a critically ill adult who requires the care or support of one or more family members; and. (2) If the Director considers it appropriate to do so, the Director may reinstate a licence that has been suspended. (2) No client shall knowingly engage or use the services of a temporary help agency unless the person who operates the temporary help agency holds a licence for that purpose as required under subsection (1). 2000, c.41, s.60 (1). J, s.3(16). Sec. 2000, c.41, s.119 (14). 2004, c.21, s.2. 2000, c.41, s.92 (4). (a) the Director has reasonable grounds to believe that, (i) based on the past or present conduct of the applicant, or any officers, directors or representatives of the applicant, the applicant will not carry on business with honesty and integrity and in accordance with the law, or, (ii) the applicant has made a false or misleading statement or provided false or misleading information in an application for a licence or a renewal of a licence; or. (11) Repealed: 2018, c. 14, Sched. 6, s. 1. 1, s. 8 (1). (4) If a person applies for an application for review under subsection 74.1.13 (1), the person shall include that information in the notice required under subsection (2) or (3) of this section. 2000, c.41, s.108 (6). 2021, c. 35, Sched. 2009, c.9, s.18. 2000, c.41, s.65 (3). 1, s. 3. 4. (b) the first pay day of the next vacation entitlement year or of the first vacation entitlement year, as the case may be. (2) If the Director believes that a document prepared under subsection (1) has become out of date, the Director shall prepare and publish a new document. 2021, c. 9, s. 3. An individual who performs work under a program approved by a college of applied arts and technology or a university. (2) Repealed: 2002, c.18, Sched. 1, s. 38. 2021, c. 35, Sched. (ii) that proportion of the collectors fees and disbursements that were added to the amount of the order under subsection 128 (2) that is the same as the proportion of the amount of wages, fees or compensation ordered to be paid that the employee is entitled to receive under the settlement. DEFINITION. 2000, c.41, s.41 (2). 2000, c.41, s.127 (3); 2013, c.13, Sched. (8) For the purposes of paragraph 2 of subsection (7), such other rules as may be prescribed apply with respect to the calculation of a consultants hourly rate or other compensation. 2021, c. 35, Sched. 2018, c. 14, Sched. To obtain services from a victim services organization for the employee or the child of the employee. 1, s. 8 (5). 2000, c.41, s.80(4); 2010, c.15, s.224. On or after January 1, 2022 but before October 1, 2022, the amount set out below for the following classes of employees: i. (c) the prescribed circumstances apply. (2) Subsection (1) does not apply if the employer is unable to provide work for the employee because of fire, lightning, power failure, storms or similar causes beyond the employers control that result in the stopping of work. 2001, c.9, Sched. 26 (1) If a public holiday falls on a day that would ordinarily be a working day for an employee and the employee is not on vacation that day, the employer shall give the employee the day off work and pay him or her public holiday pay for that day. 101.2 Repealed: 2000, c. 41, s.101.2(7). I, s.1(28); 2018, c. 14, Sched. 2000, c.41, s.3 (6). The amount of vacation time, if any, that the employee had earned since the start of employment but had not taken as of the end of the vacation entitlement year. (3) If a person served with a notice under this section fails to provide evidence or submissions as required by the notice, the officer may determine whether the employer has contravened or is contravening this Act on the basis of the following factors: 1. (b) pay the amount of the compensation to the assignment employee or prospective assignment employee. (2) If a matter is referred to the Board under subsection (1), the Board shall hold a hearing and determine whether the employer, organization or person contravened Part XIII. 2014, c. 10, Sched. 2009, c.9, s.1. (4) An employer shall give an employee a period free from the performance of work equal to, (a) at least 24 consecutive hours in every work week; or. If something unforeseen occurs, to ensure that continuous processes or seasonal operations are not interrupted. 2000, c.41, s.49 (5). Created Date: 11/4/2019 4:03:54 PM 2000, c.41, s.44 (1); 2004, c.15, s.1. 2002, c.18, Sched. 2009, c.9, s.24(1). Defining any word or expression used in this Act that is not defined in it. 1, s. 34 (4). 680 (H.B. (b) a copy of a report or part of a report made by the officer concerning the results of an investigation or inspection. 5. (c) the employees wages were required to be returned and those wages were the subject of an order under this Act. 9, s. 1 (2). (b) determine whether it employs 25 employees or more as of the January 1 immediately preceding the date described in clause (a). (7) An employment standards officer may issue a notice to a person under this section even though an order has been or may be issued against the person under section 74.14, 74.16, 74.17, 103, 104 or 108 or the person has been or may be prosecuted for or convicted of an offence with respect to the same contravention. An individual who performs work under an order or sentence of a court or as part of an extrajudicial measure under the Youth Criminal Justice Act (Canada). J, s.3(25). PART Vii HOURS OF WORK AND EATING PERIODS. (3) The information required under subsection (2) may include. J, s.3(27). 2000, c.41, s.141(2); 2004, c.15, s.5. (c) the leave ends no later than the last day of the 52-week period described in subsection (9). (6) Repealed: 2017, c. 22, Sched. B. the number of months of employment not included in sub-subparagraph A that the employee has completed, divided by 12. 2004, c.15, s.3. 2001, c.9, Sched. (3) If an order to pay has been made under section 74.14, 74.16, 74.17, 103, 104, 106 or 107 and a settlement respecting the money that was found to be owing is made under this section, the order is void and the settlement is binding if the person against whom the order was issued does what the person agreed to do under the settlement unless, on application to the Board, the individual to whom the money was ordered to be paid demonstrates that the settlement was entered into as a result of fraud or coercion. (b) 37 weeks after it began, otherwise. 2017, c. 22, Sched. (4) The employee has no entitlement under subsection (1), (2.1) or (3) if he or she fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday. 3 (1) Subject to subsections (2) to (5), the employment standards set out in this Act apply with respect to an employee and his or her employer if, (a) the employees work is to be performed in Ontario; or. The business consultant or information technology consultant provides services through, i. a corporation of which the consultant is either a director or a shareholder who is a party to a unanimous shareholder agreement, or. (4) If an employment standards officer receives money for an employee under this section, the officer may pay it directly to the employee or to the Director in trust. 2, s. 11). (17) If the Board pays an employer an amount under this section and the employee in respect of whom the employer was paid subsequently receives benefits under the Workplace Safety and Insurance Act, 1997 for the days of leave for which the employer was paid, the amount of the payment to the employer is an overpayment and is an amount owing under this Act. An employee of the Board. (10.2) If an employer is required to conduct an examination under subsection (10.1), the employer shall conduct the examination and report the results of the examination to the employment standards officer in accordance with the notice. (6) If the order that was the subject of the application required the payment of money to the Director in trust, the Director, (a) shall distribute the amount held in trust with respect to wages, fees or compensation in accordance with the settlement; and. (2) Subject to subsections (3) and (4), if an employer requires an employee to work on a public holiday under subsection (1), the employer shall, (a) pay to the employee wages at his or her regular rate for the hours worked on the public holiday and substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday; or. 65 (1) Severance pay under this section shall be calculated by multiplying the employees regular wages for a regular work week by the sum of, (a) the number of years of employment the employee has completed; and. 2018, c. 14, Sched. 2000, c.41, s.85 (1). Supplementary unemployment benefits the employee receives after his or her employment is severed and before the severance pay becomes payable to the employee. 1, s. 8 (7, 8); 2018, c. 14, Sched. (See: 2021, c. 35, Sched. 42 (1) No employer shall pay an employee of one sex at a rate of pay less than the rate paid to an employee of the other sex when. 2004, c.21, s.9; 2006, c.34, Sched. 6.012, eff. 1, s. 65. 2015, c. 27, Sched. Information request, possible new provider. 2, s. 32. Sec. (4) A written policy required under subsection (1) shall contain such information as may be prescribed. 1, s. 20. If a personal representative neglects to perform a required duty or is removed for cause, the representative and the sureties on the representative's bond are liable for: (1) the costs of removal and other additional costs incurred that are not expenditures authorized by this title; and. (3.1) For the purpose of subsection (2), an employee who has a regular work week is laid off for a week if, (a) in that week, the employee earns less than one-half the amount he or she would earn at his or her regular rate in a regular work week; and. Employer, etc. (2.1) In a prosecution or other proceeding under this Act, a copy of a record or other document or an extract from a record or other document that appears to be certified as a true copy or accurate extract by the Workplace Safety and Insurance Board is evidence of the record or document or the extracted part of the record or document and of the facts appearing in the record, document or extract without proof of the signature or office of the person appearing to have certified the copy or extract or any other proof. (ii) if a period is prescribed for the purposes of subsection (5), 13 weeks after the end of the prescribed period. 2004, c.21, s.2. 9, s. 2 (3). 2017, c. 22, Sched. Family responsibility leave taken under employment contract. The rights, powers, and duties of executors and administrators are governed by common law principles to the extent that those principles do not conflict with the statutes of this state. ZB6J*!>krWLQdVgapePbTD BT[|! 2000, c.41, s.58 (6). (4) Subsection (2) applies with necessary modifications to an order made under subsection (3). MSTC Data Centre shall be relocated from its present location to New Town Kolkata during the period from 6th August 2021 to 8th August 2021. Appointment regulations. (b) order the agency to pay the amount of the fee to the Director in trust. (10) Subsection (9) applies even if a review hearing is held under this Act to determine another persons liability for the wages that are the subject of the order. 13 (1) An employer shall not withhold wages payable to an employee, make a deduction from an employees wages or cause the employee to return his or her wages to the employer unless authorized to do so under this section. 2021, c. 9, s. 3. 1, s. 34 (3). 1, s. 43. 143 (1) The provisions of the (b) In operating a business under an order entered under Section 351.202(a), a personal representative shall consider: (c) A personal representative who operates a business under an order entered under Section 351.202(a) shall report to the court with respect to the operation and condition of the business as part of the accounts required by Chapters 359 and 362, unless the court orders the reports regarding the business to be made more frequently or in a different manner or form. The officer wishes to determine whether a client, in whose residence an assignment employee or prospective assignment employee resides, is complying with this Act. 2000, c.41, s.49 (3). (iv) the employee is employed elsewhere during the lay-off and would be entitled to receive supplementary unemployment benefits if that were not so, (v) the employer recalls the employee within the time approved by the Director, or, (vi) in the case of an employee who is not represented by a trade union, the employer recalls the employee within the time set out in an agreement between the employer and the employee; or. 2000, c.41, s.138 (1). (2.0.3.4) The Lieutenant Governor in Council may make regulations providing for any transitional matter that the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of the amendments made by the COVID-19 Putting Workers First Act, 2021. Part XVII (Retail Business Establishments). (7) The employment standards officer may direct that a meeting under this section be held using technology, including but not limited to teleconference and videoconference technology, that allows the persons participating in the meeting to participate concurrently. mmorpgfps 1, s. 38. 1, s. 58 (1). (b) the review under section 116 has started. (4) An employee who takes parental leave shall not terminate his or her employment before the leave expires or when it expires without giving the employer at least four weeks written notice of the termination. 2000, c.41, s.91 (7). 4, s. 1. 2000, c.41, s.66 (2). (2) The money held in trust shall be held in an interest-bearing account while the application for review is pending. (7) An employer shall retain or arrange for some other person to retain all notices, certificates, correspondence and other documents given to or produced by the employer that relate to an employee taking pregnancy leave, parental leave, family medical leave, organ donor leave, family caregiver leave, critical illness leave, child death leave, crime-related child disappearance leave, domestic or sexual violence leave, sick leave, family responsibility leave, bereavement leave, emergency leave during a declared emergency or an infectious disease emergency or reservist leave for three years after the day on which the leave expired. The officer, while inspecting a place under section 91 or 92, comes to have reasonable grounds to believe that an employer has contravened this Act or the regulations with respect to an employee. 2010, c.16, Sched. 74.10 (1) For the purposes of determining entitlement to public holiday pay under subsection 29 (2.1), an assignment employee of a temporary help agency is on a layoff on a public holiday if the public holiday falls on a day on which the employee is not assigned by the agency to perform work for a client of the agency. 1, s. 41. 1, s. 16. 2000, c.41, s.103 (3). came into force, Note: On a day to be named by proclamation of the Lieutenant Governor, clause 74.12 (1) (a) of the Act is amended by striking out or at the end of subclause (viii) and by adding the following subclause: (See: 2021, c. 35, Sched. (b) the amount actually paid for each pay period does not vary according to the number of hours worked by the employee, unless he or she works more than 44 hours in a week. 2009, c.9, s.16; 2017, c. 22, Sched. (4) An employment standards officer named in a warrant issued under this section may call upon a police officer for assistance in executing the warrant. (15) Section 96 does not apply to a determination made by the Board under this section. 2017, c. 22, Sched. 2017, c. 22, Sched. 105 (1) If an employment standards officer has arranged with an employer or ordered an employer to pay wages under clause 103 (1) (a) or (a.1) to the employee and the employer is unable to locate the employee despite having made reasonable efforts to do so, the employer shall pay the wages to the Director in trust. 351.052. (mdecin dment qualifi) 2017, c. 22, Sched. 2000, c.41, s.9 (2). (ii) the first pay day that falls after the day on which the leave ends. 2021, c. 35, Sched. (3) If an order made under this section requires a person to compensate an employee, it shall also require the person to. 1, s. 18. (See: 2021, c. 35, Sched. (c) the date on which the statement is provided to the employee. (4) On October 1 of each year starting in 2022, the minimum wage that applied to a class of employees immediately before October 1 shall be adjusted as follows: Previous wage (Index A/Index B) = Adjusted wage. In an order requiring the payment of wages or compensation, the arbitrator may require that the amount of the wages or compensation be paid, i. to the trade union that represents the employee or employees concerned, or. (2) The employment of the employee shall be deemed not to have been terminated or severed for the purposes of this Act and his or her employment with the replaced provider shall be deemed to have been employment with the new provider for the purpose of any subsequent calculation of the employees length or period of employment. Tie vote. (10), (11) Repealed: 2019, c. 4, Sched. 2017, c. 22, Sched. (a) for an employee who is paid by the hour, the amount earned for an hour of work in the employees usual work week, not counting overtime hours, (b) otherwise, the amount earned in a given work week divided by the number of non-overtime hours actually worked in that week; (taux horaire normal), regular wages means wages other than overtime pay, public holiday pay, premium pay, vacation pay, domestic or sexual violence leave pay, infectious disease emergency leave pay, termination pay, severance pay and termination of assignment pay and entitlements under a provision of an employees contract of employment that under subsection 5 (2) prevail over Part VIII, Part X, Part XI, section 49.7, subsection 50.1 (1.2), Part XV or section 74.10.1; (salaire normal), regular work day, with respect to an employee who usually works the same number of hours each day, means a day of that many hours; (journe normale de travail), regular work week, with respect to an employee who usually works the same number of hours each week, means a week of that many hours but not including overtime hours; (semaine normale de travail), regulations means the regulations made under this Act; (rglements), reservist means a member of the reserve force of the Canadian Forces referred to in subsection 15 (3) of the National Defence Act (Canada); (rserviste), standard vacation entitlement year means, with respect to an employee, a recurring 12-month period that begins on the first day of the employees employment; (anne de rfrence normale), (a) the period of notice of termination required to be given by an employer under Part XV, or, (b) where the employer provides a greater amount of notice than is required under Part XV, that part of the notice period ending with the termination date specified in the notice which equals the period of notice required under Part XV; (dlai de pravis prvu par la loi). (See: 2018, c. 14, Sched. 2, s. 31). 7, s.1; 2017, c. 22, Sched. 3, s. 6. 2017, c. 22, Sched. (See: 2021, c. 35, Sched. Providing that a regulation made under paragraph 6 or 7 applies only in respect of workplaces in the defined industry that have characteristics specified in the regulation, including but not limited to characteristics related to location. This subchapter applies only to the estate of a decedent that is being administered under the direction, control, and orders of a court in the exercise of the court's probate jurisdiction. 2009, c.9, s.3. (6) Information pertaining to a homeworker may be deleted from the register three years after the homeworker ceases to be employed by the employer. Weekly or biweekly free time requirements. Protecting a Sustainable Public Sector for Future Generations Act, 2019. 2021, c. 9, s. 3. (2) An employee may refuse to work on a Sunday. 4.2 On and after November 6, 2009, a temporary help agency shall give notice of termination to its assignment employees in accordance with paragraph 4.3 rather than in accordance with section 57 if, i. (4) No trade union or other organization shall cause or attempt to cause an employer to contravene subsection (1). 2010, c.16, Sched. 1, s. 48. 74.4.1 (1) In addition to the information that an employer is required to record under Part VI, a temporary help agency shall, (a) record the number of hours worked by each assignment employee for each client of the agency in each day and each week; and. (3) Subsection (2) applies even if the activities or businesses are not carried on at the same time. (9) If an employer fails to apply under section 2002, c.18, Sched. The Colleges Collective Bargaining Act, 2008. (2) An employees entitlement to leave under this section is limited to a total of two days in each calendar year. 2, s. 9; 2017, c. 22, Sched. 1, s. 19. TREATMENT OF CERTAIN AMOUNTS RECEIVED FROM MINERAL LEASE. 2000, c.41, s.142 (1). 2009, c.9, s.3. 5. 11 (1) An employer shall establish a recurring pay period and a recurring pay day and shall pay all wages earned during each pay period, other than accruing vacation pay, no later than the pay day for that period. 1, s. 38. (2) Clause (1) (c) does not apply with respect to an order issued under section 108. (6) If an employee who is not represented by a trade union elects to retain the right to be recalled or fails to make an election, the employer shall pay the termination pay and severance pay to which the employee is entitled to the Director in trust. 4. (b) because the employer is or may be required, because of a court order or garnishment, to pay to a third party an amount owing by the employer to the employee. 2, s. 10. 2017, c. 22, Sched. (2) a successor personal representative receives letters testamentary or of administration. (4) The employees entitlement under subsection (2) is subject to the following rules: 1. 2. 2017, c. 22, Sched. 98 (1) An employee who commences a civil proceeding with respect to an alleged failure to pay wages or to comply with Part XIII (Benefit Plans) may not file a complaint with respect to the same matter or have such a complaint investigated. I, s.1(23). 2000, c.41, s.112 (7). 2, s. 10. 4 (1) Subsection (2) applies if associated or related activities or businesses are or were carried on by or through an employer and one or more other persons. Domestic or sexual violence leave where higher rate of wages. (b) there is no dispute that a specified amount of wages, fees or compensation is owing. 2021, c. 35, Sched. 22, eff. (b) on a later day than was set out in the notice, if the employee gives the employer a new written notice at least two weeks before the day set out in the original notice. 2000, c.41, s.119 (3). Added by Acts 2009, 81st Leg., R.S., Ch. 2017, c. 22, Sched. (3) The Director may authorize an employment standards officer to exercise a power or to perform a duty conferred upon the Director under this Act, either orally or in writing. 1, s. 40. (b) if the employer has not selected such a period, a recurring period of seven consecutive days beginning on Sunday and ending on Saturday. 2, s. 16). (3) An employee who agrees to work on a day referred to in subsection (1) or (2) may then decline to work on that day, but only if he or she gives the employer notice that he or she declines at least 48 hours before he or she was to commence work on that day. (4) In a prosecution or other proceeding under this Act, a certificate shown by a collector that appears to be signed by the Director setting out any of the following facts is evidence of the fact without further proof: 1. If a person who was served with a notice under section 102.1 and who failed to comply with the notice is a client, a reference to an employer in paragraphs 1 and 2 of subsection 102.1 (1) is a reference to a client. 2000, c.41, s.119 (4). (5) If the adjustment required by subsection (4) would result in an amount that is not a multiple of 5 cents, the amount shall be rounded up or down to the nearest amount that is a multiple of 5 cents. (2) If an employee returns to work under clause (1) (b), the week counts as an entire week for the purposes of any provision in this Part that limits the employees entitlement to leave to a certain number of weeks. %PDF-1.7 % 2017, c. 22, Sched. (3) Subject to subsections (3.1) and (3.2), an averaging agreement is not valid unless it provides for a start date and an expiry date. 74.11.1 A temporary help agency that fails to meet the notice requirements of paragraph 4.3 of section 74.11 during the period beginning on November 6, 2009 and ending on the day before the Good Government Act, 2009 receives Royal Assent has the obligations that the agency would have had if the failure had occurred on or after the day the Good Government Act, 2009 week means a period of seven consecutive days beginning on Sunday and ending on Saturday. executive means any person who holds the office of chief executive officer, president, chief administrative officer, chief operating officer, chief financial officer, chief information officer, chief legal officer, chief human resources officer or chief corporate development officer, or holds any other chief executive position; (cadre suprieur). 2000, c.41, s.131 (1). (4) An assignment employee of a temporary help agency is not assigned to perform work for a client because the agency has. 2000, c.41, s.132. 1, s. 65. 2009, c.9, s.3. 2017, c. 22, Sched. 2, s. 2 (1). (2) A day that is substituted for a public holiday under subsection (1) shall be. J, s.3(9); 2017, c. 22, Sched. 2000, c.41, s.8 (1). 2017, c. 22, Sched. I, s.1 (16). 2. 2000, c.41, s.77 (3). 2000, c.41, s.16; 2004, c.21, s.3. (3) A judge should exercise the power of appointment fairly and only on the basis of merit, avoiding unnecessary appointments, nepotism, and favoritism. (b) up to 15 weeks of leave under this section. 2021, c. 25, Sched. J, s.3(21). (v.1) makes inquiries about the rate paid to an employee of the client for the purpose of determining or assisting another person in determining whether a temporary help agency complied with section 42.2, as it read immediately before the day section 10 of Schedule 1 to the Making Ontario Open for Business Act, 2018 came into force. (3) An employee who is represented by a trade union that is or was a party to a collective agreement is bound by any decision of the trade union with respect to the enforcement of this Act under the collective agreement, including a decision not to seek that enforcement. 1, s. 38. 2021, c. 9, s. 3. 177. (c) the day the Directors approval is revoked. 3. (3) This section does not apply with respect to a notice of contravention. 10. If the employer is a corporation, a director or employee of the corporation. (b) A judgment in a suit described by Subsection (a) is conclusive, but may be set aside by any interested person for fraud or collusion on the executor's or administrator's part. (b) no person other than the employee or a person authorized by the employee has access to the account. (5) If money is paid in trust to the Director under subsection (4), the Director shall pay it to the employee. 2010, c.16, Sched. J, s.3(18). (c) the assignment is terminated before the end of its estimated term. (3) During an employees leave under this Part, the employer shall continue to make the employers contributions for any plan described in subsection (2) unless the employee gives the employer a written notice that the employee does not intend to pay the employees contributions, if any. 2017, c. 22, Sched. (2) A provision in an agreement between a temporary help agency and a client that is inconsistent with section 74.8 is void. The officer wishes to determine whether the employer of an employee who resides in the employers residence is complying with this Act. 1, s. 52. (a) the period to be covered by the examination; (b) the provision or provisions of this Act or the regulations to be covered by the examination; and. 28 (1) If an employee is employed in a hospital, a continuous operation, or a hotel, motel, tourist resort, restaurant or tavern, the employer may require the employee to work on a public holiday that is ordinarily a working day for the employee and that is not a day on which the employee is on vacation, and if the employer does so, sections 26 and 27 do not apply to the employee. (2) The new provider shall comply with Part XV (Termination and Severance of Employment) with respect to every employee of the replaced provider who is engaged in providing services at the premises and whom the new provider does not employ as if the new provider had terminated and severed the employees employment. 2. 2000, c.41, s.10 (3). 2017, c. 22, Sched. 351.151. 2021, c. 9, s. 3. 2000, c.41, s.135 (1); 2009, c.9, s.27. "x6]I}:B>.fNX^?k~U_vU.3y.YE*c+@P|Tdna`nRm@oBay[X1lHU^6jZ*f"Sm"1R b@q2$FMj' O>H gBa4Qf-eQ/M6'N:;`5].zvq|g/i~Oz/Z#^,Yj3jz (1.1) Despite subsection (1), the employer of an employee who has been on leave under section 50.2 may postpone the employees reinstatement until. September 1, 2021. An excluded week shall not be counted as part of the 13 or 35 weeks referred to in subsection 56 (2) but shall be counted as part of the 20 or 52 consecutive week periods referred to in subsection 56 (2). (b) the employee must give the employer written notice that he or she is taking parental leave within two weeks after stopping work. 35 The employer shall determine when an employee shall take vacation for a vacation entitlement year, subject to the following rules: 1. 2022, c. 7, Sched. 2000, c.41, s.47 (3). prescribed means prescribed by a regulation made under this section. 1, s. 18. Information Collection Review Data on RegInfo.gov Current Inventory: This listing includes all collections of information from the public for which a Federal agency has received prior approval from OMB, as required by the Paperwork Reduction Act. (c) by being sent to the Directors office by fax or email. 2007, c.16, Sched. (4) A location shall be deemed to be an establishment under subsection (1) if. (semaine) 2017, c. 22, Sched. 2021, c. 9, s. 2 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 115 (1.1) of the Act is amended by striking out or prospective assignment employee at the end and substituting a prospective assignment employee or a prospective employee who engages or uses the services of a recruiter to find employment in Ontario. 2014, c. 10, Sched. (3) The order shall state the paragraph of subsection 74.8 (1) that was contravened and the amount to be paid. 2000, c.41, s.27 (3). I, s.1(11). (2) The client shall retain or arrange for some other person to retain the records required under subsection (1) for three years after the day or week to which the information relates. (5) For the purposes of enforcing the liability of a client of a temporary help agency under this section, the client is deemed to be an employer of the assignment employee. 2018, c. 14, Sched. The lump sum that an assignment employee is entitled to be paid under clause 61 (1) (a) is a lump sum equal to the amount the employee would have been entitled to receive under paragraph 7 had notice been given in accordance with section 57 or paragraph 4.3 of this section. 2018, c. 14, Sched. A reference to an employer includes a reference to a client of a temporary help agency. Sec. 2, s. 29). 2000, c.41, s.103 (10). 11.0.2 Prescribing one or more terms or conditions of employment related to electronic monitoring that apply to employers who are subject to Part XI.1 and their employees or one or more requirements or prohibitions related to electronic monitoring that apply to those employers and their employees. To obtain psychological or other professional counselling for the employee or the child of the employee. The spouse of the employees grandchild, uncle, aunt, nephew or niece. I, s.1 (15). (2) For greater certainty, subsection 5 (1) applies and if an employer contravenes subsection (1), the non-compete agreement is void. Subsection 61 (1.1) does not apply to temporary help agencies and their assignment employees. 71 This Part shall not be interpreted to prevent a person from being asked by a police officer to take, consenting to take and taking a lie detector test administered on behalf of a police force in Ontario or by a member of a police force in Ontario in the course of the investigation of an offence. (4) Despite subsections (1) and (2), the temporary help agency is primarily responsible for an assignment employees wages, but proceedings against the agency under this Act do not have to be exhausted before proceedings may be commenced to collect wages from the client of the agency. 2000, c.41, s.108 (5). 9, s. 1 (4). ORDER REQUIRING PERSONAL REPRESENTATIVE TO OPERATE BUSINESS. 2007, c.16, Sched. 1, s. 66 (2). (3) Subsection (1) does not apply to a collective agreement that is made or renewed on or after the day section 1 of the Protecting Employees Tips Act, 2015 comes into force. 2000, c.41, s.60 (4). 2001, c.9, Sched. Any prescribed information. (d) the Board has issued, amended or affirmed an order under section 119, the order, as issued, amended or affirmed, requires the employer or the directors to pay wages and the amount set out in the order has not been paid. 2000, c.41, s.141(8). (2) For the purposes of subsection (1), an employer shall be considered to have a payroll of $2.5 million or more if, (a) the total wages earned by all of the employers employees in the four weeks that ended with the last day of the last pay period completed prior to the severance of an employees employment, when multiplied by 13, was $2.5 million or more; or. 2009, c.9, s.3. 50.2 (1) An employee is entitled to a leave of absence without pay if the employee is a reservist and will not be performing the duties of his or her position because. 3. An agreement to average hours of work that complies with the conditions prescribed by the regulations made under paragraph 7 of subsection 141 (1) as it read on February 28, 2005. 53.1 For greater certainty, every entitlement to leave under this Part applies separately from, and in addition to, every other entitlement to leave under this Part. (2) The production of a document that appears to show that the Deputy Attorney General has consented to a prosecution of an employment standards officer is admissible as evidence of his or her consent. 2009, c.16, s.2. (16) Repealed: 2018, c. 14, Sched. 2000, c.41, s.4 (5). 48. between Apr 11, 2022 and Apr 30, 2022 (past), 47. between Jan 1, 2022 and Apr 10, 2022 (past), 46. between Nov 29, 2021 and Dec 31, 2021 (past), 45. between Oct 19, 2021 and Nov 28, 2021 (past), 44. between Jun 3, 2021 and Oct 18, 2021 (past), 43. between Jun 3, 2021 and Jun 2, 2021 (past), 42. between Apr 29, 2021 and Jun 2, 2021 (past), 41. between Apr 19, 2021 and Apr 28, 2021 (past), 40. between Mar 19, 2020 and Apr 18, 2021 (past), 39. between Nov 8, 2019 and Mar 18, 2020 (past), 38. between Apr 3, 2019 and Nov 7, 2019 (past), 37. between Mar 26, 2019 and Apr 2, 2019 (past), 36. between Jan 1, 2019 and Mar 25, 2019 (past), 35. between Apr 1, 2018 and Dec 31, 2018 (past), 34. between Jan 1, 2018 and Mar 31, 2018 (past), 33. between Dec 3, 2017 and Dec 31, 2017 (past), 32. between Feb 20, 2017 and Dec 2, 2017 (past), 31. between Dec 8, 2016 and Feb 19, 2017 (past), 30. between Dec 5, 2016 and Dec 7, 2016 (past), 29. between Jun 10, 2016 and Dec 4, 2016 (past), 28. between Dec 3, 2015 and Jun 9, 2016 (past), 27. between Nov 20, 2015 and Dec 2, 2015 (past), 26. between Oct 1, 2015 and Nov 19, 2015 (past), 25. between May 20, 2015 and Sep 30, 2015 (past), 24. between Feb 20, 2015 and May 19, 2015 (past), 23. between Jan 1, 2015 and Feb 19, 2015 (past), 22. between Nov 20, 2014 and Dec 31, 2014 (past), 21. between Oct 29, 2014 and Nov 19, 2014 (past), 20. between Apr 24, 2014 and Oct 28, 2014 (past), 19. between Nov 29, 2012 and Apr 23, 2014 (past), 18. between Mar 30, 2011 and Nov 28, 2012 (past), 17. between Nov 29, 2010 and Mar 29, 2011 (past), 16. between Oct 25, 2010 and Nov 28, 2010 (past), 15. between Mar 22, 2010 and Oct 24, 2010 (past), 14. between Dec 15, 2009 and Mar 21, 2010 (past), 13. between Nov 6, 2009 and Dec 14, 2009 (past), 12. between Jun 26, 2009 and Nov 5, 2009 (past), 11. between Oct 8, 2008 and Jun 25, 2009 (past), 10. between Dec 3, 2007 and Oct 7, 2008 (past), 9. between Aug 20, 2007 and Dec 2, 2007 (past), 8. between Jul 25, 2007 and Aug 19, 2007 (past), 7. between Apr 1, 2007 and Jul 24, 2007 (past), 6. between Jun 30, 2006 and Mar 31, 2007 (past), 5. between Jun 13, 2005 and Jun 29, 2006 (past), 4. between Mar 9, 2005 and Jun 12, 2005 (past), 3. between Mar 1, 2005 and Mar 8, 2005 (past), 2. between Jun 29, 2004 and Feb 28, 2005 (past), 1. between Nov 26, 2002 and Jun 28, 2004 (past), Exemptions, Special Rules and Establishment of Minimum Wage, Family medical leave and critical illness leave, Posting of Information Concerning Rights and Obligations, Terms and Conditions of Employment in Defined Industries - Ambulance Services, Terms and Conditions of Employment in Defined Industries - Automobile Manufacturing, Automobile Parts Manufacturing, Automobile Parts Warehousing and Automobile Marshalling, Terms and Conditions of Employment in Defined Industries - Live Performances, Trade Shows and Conventions, Terms and Conditions of Employment in Defined Industries - Mineral Exploration and Mining, Terms and Conditions of Employment in Defined Industries - Public Transit Services, Terms And Conditions Of Employment In Defined Industries Temporary Help Agency Industry, Terms and Conditions of Employment in Defined Industries - Women's Coat and Suit Industry and Women's Dress and Sportswear Industry, Family Medical Leave - Prescribed Individuals, Terms and Conditions of Employment in Defined Industries - City of Toronto Public Transit, Terms and Conditions of Employment in Defined Industries - Hospitality, Tourism and Convention and Trade Show Industries, Terms and Conditions of Employment in Defined Industries - Production of Recorded Visual or Audio-visual Entertainment, Information Concerning Rights and Obligations, WRITTEN POLICY ON DISCONNECTING FROM WORK, who enforces this act and what they can do, Bankruptcy and Insolvency Act (Canada) unaffected, Crown Employees Collective Bargaining Act, 1993, School Boards Collective Bargaining Act, 2014, Correctional Services and Reintegration Act, 2018, Emergency Management and Civil Protection Act, Freedom of Information and Protection of Privacy Act, Collection and Debt Settlement Services Act. 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