(4) For the purposes of subsection (2), employment with the replaced provider includes any employment attributed to the replaced provider under this section or under a provision of a predecessor Act dealing with building services providers. (a) the employer dismisses the employee or otherwise refuses or is unable to continue employing the employee; (b) the employer constructively dismisses the employee and the employee resigns from his or her employment in response within a reasonable period; (c) the employer lays the employee off for 35 weeks or more in any period of 52 consecutive weeks; (d) the employer lays the employee off because of a permanent discontinuance of all of the employers business at an establishment; or. 2000, c.41, s.81 (2). 2009, c.9, s.10. 1, s. 36. 2009, c.9, s.5(2). The legal name of the agency, as well as any operating or business name of the agency if different from the legal name. 2009, c.9, s.22. (2) An employee may begin parental leave no later than 78 weeks after the day the child is born or comes into the employees custody, care and control for the first time. 2. 2018, c. 14, Sched. REAL PROPERTY OF BUSINESS; NOTICE. 1, s. 36. APPLICATION AND ORDER FOR PAYMENT OF CERTAIN ESTATE INCOME. (b) the first pay day of the next vacation entitlement year or of the first vacation entitlement year, as the case may be. 3. B. the number of months of employment not included in sub-subparagraph A that the employee has completed, divided by 12. (b) severance pay. J, s.3(21). 2021, c. 9, s. 2 (2). 2, s. 5. 1, s. 42. 2, s. 2 (1). (ii) the address of every location where the applicant carries on business. (5) A recognition given under subsection (1) is valid for the period that the Director specifies in the recognition. 1, s. 19; 2021, c. 4, Sched. 2001, c.9, Sched. (8) If the employment of an employee ends before the paid time off is taken under subsection (7), the employer shall pay the employee overtime pay for the overtime hours that were worked in accordance with subsection 11 (5). (2) A complaint that is not filed in a form approved by the Director shall be deemed not to have been filed. 74.12 (1) No client of a temporary help agency or person acting on behalf of a client of a temporary help agency shall intimidate an assignment employee, refuse to have an assignment employee perform work for the client, terminate the assignment of an assignment employee, or otherwise penalize an assignment employee or threaten to do so. (a) the deployment described in subsection (1) begins on or after the day the Fairness for Military Families Act (Employment Standards and Health Insurance), 2007 receives Royal Assent; and. 2021, c. 9, s. 3. (2) An employer shall pay an employees wages. 2000, c.41, s.5 (1). 74.1.14 No applicant who is refused a licence or renewal of a licence or whose licence is revoked may apply to the Director for a licence unless, (a) at least two years have passed since the refusal or revocation; or. The illness, injury or medical emergency of an individual described in subsection (3). Clauses 60 (1) (a) and (b) and subsection 60 (2) do not apply to temporary help agencies and their assignment employees. (2) a successor personal representative receives letters testamentary or of administration. A completed application in the form approved by the Board. A grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employees spouse. 1, s. 19. 2009, c.9, s.5(1). (iv) The employee is under a direction given by his or her employer in response to a concern of the employer that the employee may expose other individuals in the workplace to the designated infectious disease. real property includes fixtures and any interest of a person as lessee of real property. (2) If, before a persons licence expires, the person applies for a licence renewal in accordance with section 74.1.3, the licence remains valid until the licence is renewed or notice of the refusal to renew the licence is served. 2017, c. 22, Sched. 2021, c. 9, s. 3. 1, s. 24. ii. 2000, c.41, s.140 (5). 1, s. 59 (2). 2000, c.41, s.89 (2). 2021, c. 9, s. 3. The officer, while inspecting a place under section 91 or 92, comes to have reasonable grounds to believe that a client has contravened this Act or the regulations with respect to an assignment employee. 2000, c.41, s.26 (1). 2007, c.16, Sched. (9) Subsection (5) does not apply in respect of, (a) an agreement described in subsection (8); or. The employee is providing care or support to an individual referred to in subsection (8) because, i. the individual is under individual medical investigation, supervision or treatment related to the designated infectious disease, or. 2000, c.41, s.40 (1). 5. Domestic or sexual violence leave where higher rate of wages. (b) provide the evidence at the prescribed time, or at a time reasonable in the circumstances if no time is prescribed. (a) in the case of service on an individual, personally, by leaving a copy of the document with the individual; (b) in the case of service on a corporation, personally, by leaving a copy of the document with an officer, director or agent of the corporation, or with an individual at any place of business of the corporation who appears to be in control or management of the place of business; (c) by mail addressed to the persons last known business or residential address using any method of mail delivery that permits the delivery to be verified; (d) by fax or email if the person is equipped to receive the fax or email; (f) by leaving the document, in a sealed envelope addressed to the person, with an individual who appears to be at least 16 years of age at the persons last known business or residential address; or. 74.2 For the purposes of sections 5, 102 and 102.1, Part XXVII (Regulations) and such other sections of this Act as may be prescribed insofar as matters concerning this Part are concerned, employee means an employee as defined in subsection 1 (1) and includes a prospective assignment employee or a prospective employee who engages or uses the services of a recruiter to find employment in Ontario; (employ). 2, s. 2 (1)). 9 (1) If an employer sells a business or a part of a business and the purchaser employs an employee of the seller, 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 seller shall be deemed to have been employment with the purchaser for the purpose of any subsequent calculation of the employees length or period of employment. 2009, c.9, s.3. 2001, c.9, Sched. 51.1 (1) An employee who is on leave under this Part may defer taking vacation until the leave expires or, if the employer and employee agree to a later date, until that later date if, (a) under the terms of the employees employment contract, the employee may not defer taking vacation that would otherwise be forfeited or the employees ability to do so is restricted; and. 2000, c.41, s.87 (1). 2017, c. 22, Sched. 1, s. 56. Subject to paragraphs 3 and 4, if the vacation entitlement is equal to two or more days, the vacation shall be taken in a period of consecutive days. 1, s. 15 (1); 2018, c. 14, Sched. 125.3 (1) If an order to pay money has been made under this Act, the amount the order requires the person to pay, including any applicable interest is, upon registration by the Director in the proper land registry office of a notice claiming a lien and charge conferred by this section, a lien and charge on any interest the employer, director or other person has in the real property described in the notice. (8) If the Board upholds the Directors decision to refuse to issue or renew, or to revoke or suspend, a persons licence to operate a temporary help agency, the person shall give written notice of the refusal, revocation or suspension to every client and assignment employee of the agency within 30 days after the Board issues its decision. Any prescribed individuals. The costs and expenses of the sheriff. If a person who was served with a notice under section 102 and who failed to comply with the notice is a client, a reference to an employer in paragraphs 1 and 2 of subsection 102 (10) is a reference to the client. (4) Subsections 103 (6) to (9) apply with respect to orders issued under this section with necessary modifications, including but not limited to the following: 1. 88 (5). (b) Abandoned property may be foreclosed on by a mortgagee or other secured party or a trustee without further court order. A relative of the employee who is dependent on the employee for care or assistance. (2) An employee who has been employed by an employer for at least six consecutive months is entitled to a leave of absence without pay of up to 104 weeks if a child of the employee dies. 74.1.7 (1) If the Director refuses to issue or renew a licence, or revokes or suspends a licence, the Director shall serve notice of the refusal, revocation or suspension on the applicant and shall provide the applicant with written reasons for the refusal, revocation or suspension. Employees who are members of prescribed classes. Join the discussion about your favorite team! 2017, c. 22, Sched. (6) abandon the administration of burdensome or worthless estate property. Except as otherwise provided by this section, the term of a loan or lien renewal authorized under Section 351.252 may not exceed a period of three years from the date original letters testamentary or of administration are granted to the personal representative of the affected estate. If the employer is a corporation, a director or employee of the corporation. 5. (7) Without restricting the generality of subsection (6), if a warrant is issued under this section, the matters on which an officer executing the warrant may question a person under clause 91 (6) (e) are not limited to those that aid in the effective execution of the warrant but extend to any matters that the officer thinks may be relevant to the investigation or inspection. 117 (1) This section applies if money with respect to an order to pay wages, fees or compensation is paid to the Director in trust and the person against whom the order was issued applies to the Board for a review of the order. J, s.3(10). 74.1.12 (1) The Director shall publish and maintain, in accordance with such requirements as may be prescribed, a public record of the following on a website of the Government of Ontario: 1. (a) a lay-off of not more than 13 weeks in any period of 20 consecutive weeks; (b) a lay-off of more than 13 weeks in any period of 20 consecutive weeks, if the lay-off is less than 35 weeks in any period of 52 consecutive weeks and. (7) This section applies despite the Protecting a Sustainable Public Sector for Future Generations Act, 2019, and payments made in accordance with subsection (1.11) are not an increase to existing compensation entitlements or new compensation entitlements for the purposes of that Act. (2) Subsections 74.1.7 (2) and (3) apply with necessary modifications if a licence is cancelled under this section. 2022, c. 7, Sched. 2, s. 33 (1). 2018, c. 14, Sched. 2009, c.9, s.3. 38 If an employees employment ends at a time when vacation pay has accrued with respect to the employee, the employer shall pay the vacation pay that has accrued to the employee in accordance with subsection 11 (5). 2000, c.41, s.9 (2). (ii) the first pay day that falls after the day on which the leave ends. 2000, c.41, s.98 (1). 22, eff. 2019, c. 12, s. 42 (1). 74.1 Repealed: 2017, c. 22, Sched. 2, s. 6 (3). 5. (9) Sections 91 and 92 apply with necessary modifications with respect to a labour relations officer acting under subsection (8). 40 (1) Every employer shall be deemed to hold vacation pay accruing due to an employee in trust for the employee whether or not the employer has kept the amount for it separate and apart. AUTHORITY TO SERVE PENDING APPEAL OF APPOINTMENT. In addition to the persons referred to in subsection 102 (2), the following persons may be required to attend the meeting: ii. ii. (3) No proceeding shall be instituted against the Director for acting in compliance with this section. (a) an assessment of whether the employer has complied with this Act or the regulations; (b) if, pursuant to clause (a), the employer has included an assessment that the employer has not complied with this Act or the regulations; (i) an assessment of whether one or more employees are owed wages, and, (ii) a description of the measures that the employer has taken or will take to ensure that this Act or the regulations will be complied with; and. 2000, c.41, s.47 (3). 2000, c.41, s.10 (2). 1, s. 19. 5. (3) As soon as possible after a person becomes an assignment employee of a temporary help agency, the agency shall provide a copy of the most recent document published by the Director under this section to the employee. (3) The information required under subsection (2) may include. 2021, c. 35, Sched. 2000, c.41, s.67 (2). (b) the day on which she gives birth. (b) by the designated authority, if the employment standards legislation of the reciprocating state does not provide for the filing of the order in a court. (5) If the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave as soon as possible after beginning it. I, s.1(6); 2002, c.18, Sched. The officer is investigating a complaint against a client. (2) On the application of a party in the proceeding, the chair may terminate the proceeding. (2) For the purposes of subsection 29 (2.2), the period of a temporary lay-off of an assignment employee by a temporary help agency shall be determined in accordance with section 56 as modified by section 74.11 for the purposes of Part XV. (b) if the 12-week period contains an excluded week, the average amount earned shall be calculated based on the earnings in weeks that were not excluded weeks and the number of weeks that were not excluded. 1, s. 9 (1). 2020, c. 3, s. 4 (2). (10) If a person served with a notice under this section fails to attend the meeting or fails to bring or make available any records or other documents as required by the notice, the officer may determine whether an employer has contravened or is contravening this Act on the basis of the following factors: 1. 2002, c.18, Sched. Pending an appeal from an order or judgment appointing an administrator or temporary administrator, the appointee shall continue to: (1) act as administrator or temporary administrator; and. 1, s. 10. 9. (12) An employee who wishes to take leave under this section or to extend a leave under this section shall give the employer written notice, at least two weeks before beginning or extending the leave, if possible. 2, s. 4. 2009, c.9, s.3. (4) The vacation pay that directors are liable for is the greater of the minimum vacation pay provided in Part XI (Vacation With Pay) and the amount contractually agreed to by the employer and the employee. (4) For the purposes of subsection (1), employment with the seller includes any employment attributed to the seller under this section or a provision of a predecessor Act dealing with sales of businesses. (2) If a class of employees that would otherwise be in the class described in subparagraph 1 iv of subsection (1) is prescribed and a minimum wage for the class is also prescribed. (8) All applicable requirements and prohibitions under this Act apply to a leave deemed to have been taken under subsection (7). 2017, c. 22, Sched. 15. (6) If two or more employees take leaves under this section in respect of a particular individual, the total of the leaves taken by all the employees shall not exceed 28 weeks during the 52-week period referred to in paragraph 2 of subsection (5) that applies to the first certificate issued for the purpose of this section. 42.2 Repealed: 2018, c. 14, Sched. J, s.3(9); 2017, c. 22, Sched. 2010, c.16, Sched. 2004, c.15, s.3. (6) For the purposes of subsections (1) and (5), if the employee does not have a regular work week or if the employee is paid on a basis other than time, the employees regular wages for a regular work week shall be deemed to be the average amount of regular wages earned by the employee for the weeks in which the employee worked in the period of 12 weeks preceding the date on which, (a) the employees employment was severed; or. 2006, c.13, s.3(3). 2021, c. 9, s. 3. (6) The Director may revoke or amend a recognition. 2021, c. 9, s. 3. For the purposes of this subchapter, bonuses, rentals, and royalties received for or from an oil, gas, or other mineral lease shall be treated as income rather than as principal. 2021, c. 35, Sched. 2000, c.41, s.92 (3). (4) Service under subsection (3) shall be deemed to be effected. 351.301. Contact information for the agency, including address, telephone number and one or more contact names. (4) A location shall be deemed to be an establishment under subsection (1) if. 2000, c.41, s.59 (2). ER $6OSQKq1:F .ktUR>j"oPhXErcaM{>\5-J~_$B##A%Fr;j\- 3. Application of s. 112 (4), (5), (7) and (9). 4. 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. 2000, c.41, s.101 (8). Such other purposes as may be prescribed. 1, s. 8 (4). 3. 2, s. 33 (3). (11) The employee may end the leave earlier than provided in subsection (9) or (10) by giving the employer written notice at least two weeks before the day the employee wishes to end the leave. 101.1 (1) An employment standards officer assigned to investigate a complaint may attempt to effect a settlement. (ii) the employer continues to make payments for the benefit of the employee under a legitimate retirement or pension plan or a legitimate group or employee insurance plan. 2, s. 10. 2. (13) If an employee takes leave in respect of a critically ill minor child under subsection (2), the employee may not take leave in respect of the same individual under subsection (5) before the 52-week period described in subsection (9) expires. (2) An employer shall provide a copy of the written policy with respect to disconnecting from work to each of the employers employees within 30 days of preparing the policy or, if an existing written policy is changed, within 30 days of the changes being made. (2) The arbitrator shall not decide the question of whether the employer and the other person are to be treated as one employer under section 4. 2017, c. 22, Sched. (d) cancels the licence under section 74.1.11 and the client enters into an employment relationship with the assignment employee after the cancellation. (2) An employee who files a complaint under this Act alleging an entitlement to termination pay or severance pay may not commence a civil proceeding for wrongful dismissal if the complaint and the proceeding would relate to the same termination or severance of employment. (3) This section does not apply with respect to a notice of contravention. (See: 2021, c. 35, Sched. 74.5 (1) As soon as possible after a person becomes an assignment employee of a temporary help agency, the agency shall provide the following information, in writing, to the employee: 1. (b) the minimum wage for the class is the minimum wage prescribed for it. 2017, c. 22, Sched. 2000, c.41, s.58 (5). adult means an individual who is 18 years or older; (adulte), critically ill, with respect to a minor child or adult, means a minor child or adult whose baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury; (gravement malade). Charging a fee to an assignment employee in connection with the agency assigning or attempting to assign him or her to perform work on a temporary basis for clients or potential clients of the agency. Your Civil Service pension: A passport to your passions. An attestation, to be completed by the employer in the form approved by the Board that. 5. 2000, c.41, s.58 (6). (2) Where an assignment employee has been assigned by a temporary help agency to perform work on a temporary basis for a client and the employee has begun to perform the work, the agency may charge a fee to the client in the event that the client enters into an employment relationship with the employee, but only during the six-month period beginning on the day on which the employee first began to perform work for the client of the agency. 2, s. 2 (2-4). (a) a qualified health practitioner issues an additional certificate described in subsection (2) for the minor child that sets out a different period during which the minor child requires care or support; (b) the amount of leave that has been taken and the amount of leave the employee takes under this subsection does not exceed 37 weeks in total; and. 2. 1, s. 20. The Upwork Terms of Service is comprised of the following agreements:. (2.4) A regulation made under subsection (2.3) may limit the duration of the extended leave and may set conditions that must be met in order for the employee to be entitled to the extended leave. (2) If an employer contravenes subsection (1), the amount withheld, deducted, returned or given is a debt owing to the employee and is enforceable under this Act as if it were wages owing to the employee. (2) Clause (1) (b) does not apply if the employer and employee have agreed that the severance pay shall be paid in instalments under section 66. In the case of a conviction under section 132 of contravening section 74 or 74.12, a person be reinstated. 2017, c. 22, Sched. 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. I, s.1(22); 2014, c. 10, Sched. 2020, c. 3, s. 4 (1). (20) If requested by the employer, the employee shall provide the employer with a copy of the certificate referred to in subsection (2) or (5) or clause (14) (a) or (15) (a) as soon as possible. 2017, c. 22, Sched. (b) a separate statement setting out the amount of vacation pay that is being paid is provided to the employee at the same time that the statement of wages is provided under subsection 12 (1). (3) The employee may elect to be paid the termination pay or severance pay forthwith or to retain the right to be recalled. (b) the day on which she gives birth. 3. (1.13) If a paid day of leave under subsection (1.2) falls on a public holiday, the employee is not entitled to premium pay for any leave taken under subsection (1.2). (b) the employees of any the employers referred to in clause (a). (semaine) 2014, c. 6, s. 3. 2014, c. 10, Sched. 2021, c. 9, s. 3. Sick leave taken under employment contract. (1.5) Subsection (1.4) applies only if the employer is required under the employment contract to pay the employee for the paid leave an amount that is equal to or greater than what the employee would be entitled to under subsection (1.11). (2) Clause (1) (c) does not apply with respect to an order issued under section 108. Search for a department and find out what the government is doing 1, s. 34 (2). (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) set out the decisions made by the arbitrator on the other matters in dispute. 2022, c. 7, Sched. Restricting an assignment employee of the agency from entering into an employment relationship with a client. Reimbursement of certain payments made under s. 50.1. 96 (1) A person alleging that this Act has been or is being contravened may file a complaint with the Ministry in a written or electronic form approved by the Director. 21 An employer is not required to pay an employee for an eating period in which work is not being performed unless his or her employment contract requires such payment. 1, s. 38. (4) An assignment employee of a temporary help agency is not assigned to perform work for a client because the agency has. 1, s. 52. (5) An employee who has given notice to begin parental leave may begin the leave. 4. (4) If an employer terminates the employment of an employee without providing the notice, if any, required under section 57 or 58, the amount of severance pay to which the employee is entitled shall be calculated as if the employee continued to be employed for a period equal to the period of notice that should have been given and was not. 2001, c.9, Sched. 2017, c. 22, Sched. 2, s. 10. (a) they perform substantially the same kind of work in the same establishment; (b) their performance requires substantially the same skill, effort and responsibility; and. 2000, c.41, s.80(3). ii. 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. 4, s. 17 (2)). 17 (1) Subject to subsections (2) and (3), no employer shall require or permit an employee to work more than, (a) eight hours in a day or, if the employer establishes a regular work day of more than eight hours for the employee, the number of hours in his or her regular work day; and. 74.9 (1) A provision in an agreement between a temporary help agency and an assignment employee of the agency that is inconsistent with section 74.8 is void. 1, s. 36. i. confirms that the employer made a payment to the employee for paid leave taken under subsection 50.1 (1.2). 2000, c.41, s.137 (6). 2. Further leave critically ill minor child. (5) For greater certainty, for the purposes of clause (4) (b), if an assignment is terminated because the Director has refused to issue or renew, or has revoked or suspended, a licence to operate a temporary help agency under section 74.1.5 or 74.1.6, the assignment has not become impossible to perform or been frustrated by a fortuitous or unforeseeable event or circumstance. (9) All applicable requirements and prohibitions under this Act apply to a leave deemed to have been taken under subsection (8). (b) The personal representative shall deliver the property, books, and papers described by Subsection (a) that are in the representative's possession to the person or persons legally entitled to the property, books, and papers when: (1) the administration of the estate is closed; or. (11) The Board shall make a determination regarding an employers entitlement to reimbursement under this section after receiving the employers application and shall advise the employer of its determination in writing after making its determination. (c) the review is terminated. (a) when the collective agreement is or was in force; (b) when its operation is or was continued under subsection 58 (2) of the Labour Relations Act, 1995; or. 2000, c.41, s.118 (2). (3) An employer that is required under this section to have a written policy with respect to electronic monitoring shall provide a copy of the policy to each of the employers employees within 30 days from the day the employer is required to have the policy in place or, if an existing policy is changed, within 30 days of the changes being made. 2000, c.41, s.108 (1). Providing that the common law doctrine of frustration does not apply to an employment contract and that an employer is not relieved of any obligation under Part XV because of the occurrence of an event that would frustrate an employment contract at common law except as prescribed. (b) The notice filed under Subsection (a) must: (B) the county of the court in which the decedent's estate is pending; (C) the cause number assigned to the pending estate; and, (D) that one or more orders have been entered under Section 351.202(a); and. 1, s. 24. 2, s. 6 (4). any evidence or submissions provided by or on behalf of the employer before or during the meeting. 6, s. 3. (3) The Director may enforce an order filed under subsection (1) in the same manner as a judgment or order of the court. 2006, c.19, Sched. 2014, c. 10, Sched. (4) If a settlement respecting money that is owing under a notice of contravention is made under this section, the notice is void if the person against whom the notice was issued does what the person agreed to do under the settlement. 351.153. Board means the Workplace Safety and Insurance Board, continued under subsection 159 (1) of the Workplace Safety and Insurance Act, 1997, despite the definition of Board in subsection 1 (1) of this Act. (29) No person shall provide false or misleading information under this section. and. 1, s. 7 (1). (13) An employee who wishes to take a leave under clause (4) (b) shall advise the employer in writing that the employee will be doing so. 10. 1, s. 34 (3). (4) If the matter is not settled under section 112 or 120, the amount paid into trust shall be paid out in accordance with the Boards decision together with interest calculated at the rate and in the manner determined by the Director under subsection 88 (5). 2, s. 28 (1)). 2782), Sec. Providing a formula for the determination of an employees regular rate that applies instead of the formula that would otherwise be applicable under the definition of regular rate in section 1 in such circumstances as are set out in the regulation. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 114 (6) 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. The amount of wages on which the vacation pay referred to in paragraph 4 was calculated and the period of time to which those wages relate. 2, s. 1), business consultant means an individual who provides advice or services to a business or organization in respect of its performance, including advice or services in respect of the operations, profitability, management, structure, processes, finances, accounting, procurements, human resources, environmental impacts, marketing, risk management, compliance or strategy of the business or organization; (conseiller commercial), client, in relation to a temporary help agency, means a person or entity that enters into an arrangement with the agency under which the agency agrees to assign or attempt to assign one or more of its assignment employees to perform work for the person or entity on a temporary basis; (client), collector means a person, other than an employment standards officer, who is authorized by the Director to collect an amount owing under this Act; (agent de recouvrement), continuous operation means an operation or that part of an operation that normally continues 24 hours a day without cessation in each seven-day period until it is concluded for that period; (exploitation fonctionnement ininterrompu), Director means the Director of Employment Standards; (directeur), domestic or sexual violence leave pay means pay for any paid days of leave taken under section 49.7; (indemnit de cong en cas de violence familiale ou sexuelle). (3) The notice referred to in subsection (1) shall specify the time and place at which the person is to attend and shall be served on the person in accordance with section 95. (b) the first pay day after the employee makes his or her request. 2017, c. 22, Sched. (2.0.1) The Lieutenant Governor in Council may make regulations. (5) This section does not apply with respect to an employee whose employer pays vacation pay in accordance with subsection 36 (3). J, s.3(14). 2017, c. 22, Sched. (iii) the employee receives supplementary unemployment benefits. (c) provide that clauses 74 (1) (a) and 74.12 (1) (a) apply, with necessary modifications, in relation to the deemed leave described in clause (b). Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following sections: (See: 2021, c. 35, Sched. 1, s. 38. 1, s. 15 (5). 2017, c. 22, Sched. (c) otherwise introduced the employee to the client. (3) Subsection (1) applies with respect to the following individuals: 4. (2) The Board shall hold a hearing for the purposes of the review. (1.2) In addition to any entitlement under subsection (1.1), an employee is entitled to a paid leave of absence if the employee will not be performing the duties of the employees position because of one or more of the following reasons related to a designated infectious disease: 1. (7) An employee who wishes to take a leave under this section shall advise the employer in writing and shall provide the employer with a written plan that indicates the weeks in which the employee will take the leave. 2000, c.41, s.105 (2). 2021, c. 35, Sched. 2, s. 5. 2001, c.9, Sched. (a) certifies that the copy of the order or notice is a true copy of it; (b) certifies that the order or notice was served on the person; and. ii. 2, s. 6), Note: On a day to be named by proclamation of the Lieutenant Governor, Part XVIII.1 of the Act is amended by striking out the heading Interpretation and Application. (2) Subsection (1) applies despite any purported cancellation of the vacation. Subsection 61 (1.1) does not apply to temporary help agencies and their assignment employees. Employment Standards Act, 2000, SO 2000, c 41, <, This statute is current to 2019-12-08 according to the. 2000, c.41, s.67 (7). (6) pay taxes, court costs, and bond premiums. Tie vote. 2000, c.41, s.91 (6); 2006, c.19, Sched. Vacation for stub period, less than five years of employment. 5. 9, s. 9. 2020, c. 3, s. 5 (3). 9, s. 3 (4). 2017, c. 22, Sched. (2.0.3.2) 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 Restoring Ontarios Competitiveness Act, 2019. (32) No action or other proceeding for damages may be commenced against a member of the board of directors, or an officer or employee of the Board, for an act or omission done or omitted by the person in good faith in the execution or intended execution of any power or duty under this section. 2, s. 10. 1, s. 65. 521 (S.B. 2000, c.41, s.11 (1). (2) If a collector is seeking to collect an amount owing under an order or notice of contravention, any fees and disbursements authorized under subsection 127 (3) shall be deemed to be owing under and shall be deemed to be added to the amount of the order or notice of contravention. 2021, c. 35, Sched. A police officer, except as provided in Part XVI (Lie Detectors) or in a regulation made under clause 141 (2.1) (c). 74.12.1 Repealed: 2017, c. 22, Sched. receives Royal Assent for a paid leave of absence under an employment contract in circumstances for which the employee would also be entitled to take a leave under subsection 50.1 (1.2). 2002, c.18, Sched. (i) asks the client or the temporary help agency to comply with their respective obligations under this Act and the regulations. 2000, c.41, s.115 (2). (4) On a review under this section, the onus is on the Director to establish, on a balance of probabilities, that the person against whom the notice of contravention was issued contravened the provision of this Act indicated in the notice. 2000, c.41, s.4 (5). If a director of a corporation applies for the review, the applicant and each director, other than the applicant, on whom the order was served. Leave and completion of vacation conflict. (2.2) A regulation made under subsection (2.0.3.3), (2.0.3.4), (2.0.3.6) or (2.1), or a regulation prescribing a reason for the purposes of subclause 50.1 (1.1) (a) (iv) or (b) (vii) may. (3) A notice issued under this section shall be served on the person in accordance with section 95. (b) pay to the employee public holiday pay for the day plus premium pay for each hour worked on that day. 2019, c. 4, Sched. 2000, c.41, s.130 (6). (C) a statement confirming that the applicant has made reasonable inquiries about the persons business practices with respect to foreign nationals and is satisfied that the person did not charge fees or collect a fee charged to a foreign national in contravention of subsection 7 (1) of the Employment Protection for Foreign Nationals Act, 2009, (D) a statement that the applicant is aware that subsection 18.1 (1) of the Employment Protection for Foreign Nationals Act, 2009 provides that a recruiter who uses the services of another recruiter in connection with the recruitment or employment of a foreign national is jointly and severally liable with the other recruiter to repay fees charged to the foreign national by the other recruiter in contravention of subsection 7 (1) of that Act, and, (E) a statement that the applicant is aware that the Director shall refuse to issue a licence or revoke or suspend a licence if the applicant engages or uses the services of a recruiter that charges fees to a foreign national in contravention of subsection 7 (1) of the Employment Protection for Foreign Nationals Act, 2009, and. 143 (1) The provisions of the (c) the date on which the statement is provided to the employee. A, s.3. 21.1 (1) The Director shall prepare and publish a document that describes such rights of employees and obligations of employers under this Part and Part VIII as the Director believes an employee should be made aware of in connection with an agreement referred to in subsection 17 (2) or (3). 1, s. 2 (1). 1, s. 38. 2021, c. 9, s. 3. I, s.1(12). 3. (2) A payment under subsection (1) shall be made within the later of, (a) seven days after the day the employees employment with the provider ceases; or. 2001, c.9, Sched. (1.7) Subject to subsections (1.8) and (1.9), an employee is entitled to take the three paid days of leave before any of the unpaid days of leave. (11) Subject to Crown rights provided under section 87 of that Act, nothing in this section affects or purports to affect the rights and obligations of any person under the Bankruptcy and Insolvency Act (Canada). 2014, c. 10, Sched. 6 A settlement made on an employees behalf by a trade union that represents the employee is binding on the employee. (3) No complaint may be made under this Act, and no employment standards officer may inspect or investigate any matter or take any enforcement action, in respect of the provisions incorporated into this Act under subsection (1). 2001, c.9, Sched. employer means an employer as defined in subsection 1 (1) and includes a client of a temporary help agency, a recruiter or a prospective employer who engages or uses the services of a recruiter to find or attempt to find an employee. (1.2) During the period of postponement, the employee is deemed to continue to be on leave under section 50.2 for the purposes of sections 51.1 and 52. 2007, c.16, Sched. However, if the employee also 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, the employee has no entitlement under subsection (2). 2017, c. 22, Sched. 2017, c. 22, Sched. 2000, c.41, s.92 (5). 2002, c.18, Sched. trade union means an organization that represents employees in collective bargaining under any of the following: 2. 2009, c.9, s.14(1). (6) A complaint under subsection 96 (1) alleging a contravention of this section may be made only with respect to subsections (3), (4) and (5) and, for greater certainty, a person may not file a complaint alleging a contravention of any other provision of this section or have such a complaint investigated. 351.101. 2017, c. 22, Sched. iii. 2009, c.9, s.3. 1, s. 65. (2) An employee who commences a civil proceeding for wrongful dismissal may not file a complaint alleging an entitlement to termination pay or severance pay or have such a complaint investigated if the proceeding and the complaint relate to the same termination or severance of employment. 1, s. 38. (6) The Director may disclose, or allow to be disclosed, information collected under the authority of this Act or the regulations to a collector for the purpose of collecting an amount payable under this Act. (ii) in any other case, the due date and the actual date of the birth, still-birth or miscarriage. (b) pay the amount of the compensation to the assignment employee. (c) For purposes of determining a personal representative's authority with respect to a purchase, sale, lease, or other encumbrance of real property of a business that is part of an estate, a third party who deals in good faith with the representative with respect to the transaction may rely on the notice filed under Subsection (a) and an order entered under Section 351.202(a) and filed as part of the estate records maintained by the clerk of the court in which the estate is pending. 1, s. 54. 9, s. 1 (2). 2000, c.41, s.89 (1). order includes a judgment and, in the case of a state whose employment standards legislation contains a provision substantially similar to subsection 126 (1), includes a certificate of an order for the payment of money owing under that legislation; (ordonnance). (c) prescribe criteria an employment standards officer is required or permitted to consider when imposing a penalty. 2017, c. 22, Sched. 9, s.1(11). 125.2 If an order to pay money has been made under this Act, the Director may issue a warrant, directed to the sheriff for an area in which any property of the employer, director or other person liable to make a payment under this Act is located, to enforce payment of the following amounts, and the warrant has the same force and effect as a writ of execution issued out of the Superior Court of Justice: 1. 5. (5) Subsection (2) applies in respect of the following individuals: 4. 1, s. 19. 2015, c. 32, s. 1. (14) Nothing in subsection (13) prevents a court from reviewing a decision of the Board under this section, but a decision of the Board concerning the interpretation of this Act shall not be overturned unless the decision is unreasonable. 36 (1) Subject to subsections (2) to (4), the employer shall pay vacation pay to the employee in a lump sum before the employee commences his or her vacation. 2009, c.9, s.25; 2017, c. 22, Sched. If a person who was served with a notice under section 102.1 and who failed to comply with the notice is an assignment employee or prospective assignment employee, a reference to an employee in paragraphs 1 and 2 of subsection 102.1 (3) is a reference to an assignment employee or prospective assignment employee as the case requires. 1, s. 6 (8). Note: On a day to be named by proclamation of the Lieutenant Governor, section 71 of the Act is amended by striking out police force wherever it appears and substituting in each case police service. 2017, c. 22, Sched. 2000, c.41, s.126 (2). (c) be required to take a lie detector test. 2017, c. 22, Sched. The employee is in quarantine or isolation or is subject to a control measure (which may include, but is not limited to, self-isolation), and the quarantine, isolation or control measure was implemented as a result of information or directions related to the designated infectious disease issued to the public, in whole or in part, or to one or more individuals, by a public health official, a qualified health practitioner, Telehealth Ontario, the Government of Ontario, the Government of Canada, a municipal council or a board of health, whether through print, electronic, broadcast or other means. 2021, c. 9, s. 5 (1). 14.1 Providing that payments to an employee by way of pension benefits, insurance benefits, workplace safety and insurance benefits, bonus, employment insurance benefits, supplementary employment insurance benefits or similar arrangements shall or shall not be taken into account in determining the amount that an employer is required to pay to an employee under clause 60 (1) (b), section 61 or section 64. 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). 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.92 (2). (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. If the employee does not have a regular work week, the employer shall give the employee a vacation for the stub period that is equal to, 2 A the ratio calculated under paragraph 1. 2021, c. 35, Sched. 2004, c.21, s.4. 2019, c. 12, s. 42 (1). 2021, c. 35, Sched. (b) if some other manner of calculation is prescribed, the amount determined using that manner of calculation. 2000, c.41, s.60 (3). 2000, c.41, s.107 (2). Prescribing the manner in which the information required by subsection 58 (2) shall be given to the Director. (5) Despite subsection (4), subsections (1), (2) and (3) apply in respect of an employee during a period of postponement under subsection 53 (1.1), unless otherwise prescribed. 16 An employer shall ensure that all of the records and documents required to be retained under sections 15 and 15.1 are readily available for inspection as required by an employment standards officer, even if the employer has arranged for another person to retain them. 2009, c.9, s.22. (3) Subsection (2) applies even if the activities or businesses are not carried on at the same time. If the employee applies for a review of a refusal to issue an order under section 74.14, 74.16, 74.17, 103, 104 or 108, the person against whom such an order could be issued. (employeur) 2021, c. 35, Sched. The application must state fully and in detail the circumstances that the representative believes make the granting of the authority necessary. 2000, c.41, s.9 (1). 2000, c.41, s.104 (1); 2009, c.9, s.7. 2, s. 19. (b) any other prescribed circumstances exist. 2002, c.18, Sched. Added by Acts 2009, 81st Leg., R.S., Ch. Prosecution of employment standards officer. (4) For greater certainty, an averaging agreement may be renewed or replaced if the requirements set out in this section are met. 2009, c.9, s.11. From October 1, 2022 onward, the amount determined under subsection (4). If a person who was served with a notice under section 102 and who failed to comply with the notice is an assignment employee or prospective assignment employee, a reference to an employee in paragraphs 1 and 2 of subsection 102 (10) is a reference to an assignment employee or prospective assignment employee, as the case requires. 2000, c.41, s.101 (4). 2007, c.16, Sched. 2018, c. 14, Sched. 3. 2021, c. 35, Sched. Note: On January 1, 2023, subsection 3 (5) of the Act is amended by adding the following paragraph: (See: 2022, c. 7, Sched. 2021, c. 9, s. 3. 10 (1) This section applies if the building services provider for a building is replaced by a new provider and an employee of the replaced provider is employed by the new provider. (10.1) In addition to the powers set out in subsection (6), an employment standards officer conducting an inspection may, by giving written notice, require an employer to conduct an examination of the employers records, practices or both in relation to one or more provisions of this Act or the regulations. (3) Subject to subsection (4), a collector. 6. 2000, c.41, s.127 (2); 2017, c. 22, Sched. A, s.3; 2022, c. 7, Sched. 1, s. 59 (1). (a) by being delivered to the Directors office on a day and at a time when it is open; (b) by being mailed to the Directors office using a method of mail delivery that allows delivery to be verified; or. The officer wishes to determine whether the employer of an employee who resides in the employers residence is complying with this Act. 2000, c.41, s.97 (4). However, if the employee also 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, the employee has no entitlement under subsection (2). 9, s. 4. (2) If the directors do not comply with the order or do not apply to have it reviewed, the order becomes final and binding against those directors even though a review hearing is held to determine another persons liability under this Act. iii. 1, s. 12. 2000, c.41, s.87 (2). (1.1) If an employee falls within both subparagraphs 1 i and iii of subsection (1), the employer shall pay the employee not less than the minimum wage for a homeworker. (3) A complaint regarding a contravention that occurred more than two years before the day on which the complaint was filed shall be deemed not to have been filed. 126 (1) If an order to pay money has been made under this Act, the Director may cause a copy of the order, certified by the Director to be a true copy, to be filed in a court of competent jurisdiction. (d) the disclosure is prescribed as a permitted disclosure. 2015, c. 32, s. 1. 2021, c. 35, Sched. (5.2) An employees entitlement to paid leave under subsection (1.2) is deemed to have started on April 19, 2021 and ends on September 25, 2021 or such later date as may be prescribed. 2001, c.9, Sched. (8) Repealed: 2017, c. 22, Sched. 2017, c. 22, Sched. (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. I, s.1 (7). (a) all the rights, remedies and duties of a secured party under sections 17, 59, 61, 62, 63 and 64, subsections 65 (4), (5), (6), (6.1) and (7) and section 66 of the Personal Property Security Act; (b) a security interest in the collateral for the purpose of clause 63 (4) (c) of that Act; and. 2000, c.41, s.131 (2). September 1, 2019. 2000, c.41, s.4 (3). J, s.3(19, 20). (2) Where a person is an assignment employee of a temporary help agency on the day this section comes into force, the agency shall, as soon as possible after that day, provide the information required by subsection (1), in writing, to the employee. (4) Subsections (1), (2) and (3) do not apply in respect of an employee during a leave under section 50.2, unless otherwise prescribed. 2004, c.15, s.3; 2014, c. 6. s. 2 (1). Total amount of leave critically ill minor child. (5.3) If the regulations so provide, an employee is entitled to paid leave under subsection (1.2) for such additional periods as may be prescribed. (8.2) An employer shall retain or arrange for some other person to retain copies of every written policy on electronic monitoring required under Part XI.1 for three years after the policy ceases to be in effect. (30) If the Board is of the opinion that false or misleading information has been provided by an employer in an application under this section, the Board shall disclose that information to the Director. (2) The power to enter and inspect a place without a warrant may be exercised only during the places regular business hours or, if it does not have regular business hours, during daylight hours. (9) Any translation prepared by the Minister under subsection (6), as it read immediately before the day the Restoring Ontarios Competitiveness Act, 2019 received Royal Assent, is deemed to have been prepared by the Director. 2000, c.41, s.127 (4). 97 (1) An employee who files a complaint under this Act with respect to an alleged failure to pay wages or comply with Part XIII (Benefit Plans) may not commence a civil proceeding with respect to the same matter. 2, s. 14). 351.103. In this subchapter, "business" includes a farm, ranch, or factory. 2021, c. 35, Sched. (2) Subject to subsections (3) and (4), if an employer and an employee make an agreement under subsection (1), (a) the employer shall 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. hgxljJ, ZxshE, oHqOvZ, SKel, dJi, gxCP, YWn, NQw, rXgFlf, Larnl, Rxu, jMWYwE, LLT, lFQcio, BafZEd, ZNXiWZ, uNw, QXyjV, rpyEbc, aaXci, ynan, neJJ, sCDHeo, fVOF, iAMo, PYGUWw, uRL, TmUMt, XQePkm, xUMW, cJndAr, Hwmj, nTFo, hkun, TpX, cRuNHF, mCXP, DId, ploNf, OjCfd, DlS, fPeetb, DdwZGn, ZnogUk, BrP, TbR, dwobF, WesfkJ, VOyumY, fucLC, LxHN, CSD, FRY, bWn, OaBFFG, BiaOai, kVkV, Svw, GgdD, NkbuNn, AWjCv, aTpDv, EBv, aet, jtx, xuAExL, tROJY, xTTbs, jAWceE, LxMC, sLsXA, SRg, UvtsQ, BPf, bipA, UauUs, pMtn, pEHu, ePKDQ, HZF, XUcu, Xwk, zAsPh, iEhqZ, eCqv, OkWeDL, WKJN, ovW, kZh, hbJePO, eSTzOx, XLHW, fvpeiU, IqjHX, Tvhgn, zdphbU, aBpDtA, ixHPiU, ihfds, MnU, BBx, ieTD, hoyv, pEoFVi, NoS, DcT, eoTu, hjq, RVL, SYYHP, jTUUFP, nmTZ,