Employment Standards Amendment Act (Raising the Minimum Wage), 2000 Hampton, Howard — Bill 59 (37th Parliament, 1st Session)

Bill 59, 37-1

Ontario — Bills

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Bill 59, Employment Standards Amendment Act (Raising the Minimum Wage), 2000

Hampton, Howard

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[37] Bill 59 Original (PDF)

Bill 59

Bill 592000

An Act to raise the minimum wage to ensure that everyone shares in

Ontario's prosperity

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

1.Part V of the Employment Standards Act is amended by

adding the following sections:

Definitions

22.1 In this Part,

``housing accommodation" means a place of dwelling that is reasonably fit

for human habitation consisting of at least a kitchen with cooking

facilities, two bedrooms or a bedroom and a living room, and having its own

private toilet and washing facilities; (``logement")

``piece work rate" means a rate of pay calculated upon a unit of work

performed; (``taux la pice")

``room" means a room that is reasonably furnished and reasonably fit for

human habitation, is supplied with clean bed linen and towels and is

reasonably accessible to proper toilet and wash-basin facilities;

(``chambre")

``serviced housing accommodation" means housing accommodation for which

light, heat, fuel, water, gas or electricity are provided at the expense of

the employer. (``logement avec services")

Minimum wage established

23.1 (1)Except as provided in

section 23.2, an employer

shall pay not less than the following minimum wage:

1.To an employee who is a student under 18 years of age, if the weekly

hours of the student are not in excess of 28 hours or if the student is

employed during a school holiday, $7.05 an hour.

2.To an employee who, as a regular part of his or her employment, serves

liquor directly to customers, guests, members or patrons in premises for

which a licence or permit has been issued under the Liquor Licence

Act , $6.60 an hour.

3.For the services of a hunting or fishing guide, $37.17 for less than

five consecutive hours in a day and $71.25 for five or more hours in a day

whether or not the hours are consecutive.

4.To an employee who is a homeworker, 110 per cent of the amount set out

in paragraph 5.

5.To an employee other than one to whom paragraph 1, 2, 3 or 4 applies,

$7.50 an hour.

Rounding

(2)If the calculation under paragraph 4 of subsection (1) results in an

hourly minimum wage that is an amount ending in a fraction of a cent, the

hourly minimum wage shall be rounded up to the nearest cent.

Higher wage applies

(3)If an employee falls within both paragraphs 1 and 4 of subsection (1),

the employer shall pay the employee not less than the minimum wage set out in

paragraph 4.

Meals or room

(4)If meals or room or both are taken into account by an employer in

calculating the minimum wage of an employee, the maximum amount at which

meals or room or both shall be valued for the purposes of determining if the

minimum wage has been paid to the person is as follows:

Room

$31.70 a week if the room is private and $15.85 a week if the room is not

private.

Meals

$2.55 a meal and not more than $53.55 a week.

Both room and meals

$85.25 a week if the room is private and $69.40 a week if the room is not

private.

Same

(5)Charges for meals or room shall not be deducted from the minimum wages

of an employee unless the employee has received the meals or occupied the

room supplied.

Three hour minimum

(6)An employee who is not a student shall be deemed to have worked for

three hours for the purpose of determining whether the employee has been paid

the minimum wage set out in this

section if the employee,

(a)regularly works more than three hours a day;

(b)is required to present himself or herself for work; and

(c)works less than three hours.

Exception

(7)Subsection (6) does not apply where the employer is unable to provide

work for the employee because of fire, lightning, power failure, storms or

similar causes beyond the control of the employer resulting in the stopping

of work.

Farm employees

23.2 (1)This

section applies to an employee who is

employed on a farm to harvest fruit, vegetables or tobacco for marketing or

storage.

Minimum wage

(2)Subject to subsection (3), every employer shall pay a minimum wage of

not less than,

(a)$7.05 an hour to an employee who is a student under 18 years of age if

the weekly hours of the student are not in excess of 28 hours or if the

student is employed during a school holiday; and

(b)$7.50 an hour to an employee other than an employee mentioned in clause

(a).

Piece work

(3)Where a piece work rate being paid to employees other than an employee

mentioned in clause (2) (

a) is customarily and generally recognized in the

area as having been set so that an employee exercising reasonable effort

would, if paid such a rate, earn at least the minimum wage set out in

subsection (2), the employer shall be deemed to have paid an employee the

minimum wages set out in subsection (2).

Accommodation

(4)If housing accommodation, room and meals, or any of them, are taken

into account by the employer in calculating the minimum wage of an employee,

the maximum amount at which such housing accommodation, room and meals, or

any of them, is valued shall be as follows:

Serviced housing

accommodation

$99.35 a week.

Housing

accommodation

$73.30 a week.

Room

$31.70 a week if the room is private and $15.85 a week if the room is not

private.

Meals

$2.55 a meal and not more than $53.55 a week.

Both room and meals

$85.25 a week if the room is private and $69.40 a week if the room is not

private.

Reference in regulations

23.3 A reference in a regulation made under this or any

other Act to the minimum wage, or to the minimum wage as prescribed under a

regulation, shall be deemed to refer to the minimum wage as set out in this

Part.

2.Paragraphs 1, 20 and 21 of subsection 84 (1) of the Act are

repealed.

Commencement

3.This Act comes into force on the day it receives Royal

Assent.

Short title

4.The

short title of this Act is the Employment Standards

Amendment Act (Raising the Minimum Wage), 2000.

EXPLANATORY NOTE

The Employment Standards Act currently provides that minimum wage

rates are to be prescribed by regulation. This Bill amends the Act to set out

the minimum wage rates in the statute itself, and not in regulation. The

minimum wage rates set out in this Bill are 65 cents per hour higher than the

minimum wage rates currently set out in regulation.

Date Bill stage Activity Committee

April 5, 2000

First Reading

Carried

Debates and Progress

First Reading

April 05, 2000

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 59, 37-1
Type	bill
Volume / chapter	p37 s1 bill 59 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	146560e090b2c202ac735952c3aa35d634a2b7c8

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