Fair Minimum Wage Act, 2014 Flynn, Hon. Kevin Daniel Minister of Labour — Bill 165 (40th Parliament, 2nd Session)

Bill 165, 40-2

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 165, Fair Minimum Wage Act, 2014

Flynn, Hon. Kevin Daniel Minister of Labour

Please select

View bill

Status

Debates

Acts affected

Original

[40] Bill 165 Original (PDF)

Bill 165 2014

Act to amend the Employment Standards Act, 2000 with respect to the minimum

wage

Her

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

Province of Ontario, enacts as follows:

1. (1) Subsection

23 (1) of the Employment Standards Act, 2000 is amended

by striking out "prescribed".

(2) Subsection 23 (4) of the Act is amended

by striking out "prescribed" in the portion before clause (a).

(3) Clause 23 (4) (

a) of the Act is amended

by striking out "prescribed".

(4) Clause 23 (4) (

b) of the Act is amended

by striking out "prescribed".

Part

IX of the Act is amended by adding the following section:

Determination

of minimum wage

23.1

(1) The

minimum wage is the following:

1. Until

September 30, 2015, the amount that is the prescribed minimum wage for the

following classes of employees:

i. Employees

who are students 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.

ii. Employees

who, as a regular part of their employment, serve liquor directly to customers,

guests, members or patrons in premises for which a licence or permit has been

issued under the Liquor Licence Act .

iii. Hunting

and fishing guides.

iv. Employees

who are homeworkers.

v. Any

other employees not listed in subparagraphs i to iv.

2. From

October 1, 2015 onwards, the amount determined under subsection (4).

Exception

(2) Subsection (1) does not apply to a

class of employees that would otherwise be in the class described in

subparagraph 1 v of subsection (1) that has been prescribed and for whom a

minimum wage has been prescribed, in which case the prescribed minimum wage for

that class is the minimum wage.

Same

(3) If a class of employees and a minimum

wage for the class are prescribed under subsection (2), subsections (4) to

(6) apply as if the class and the minimum wage were a class and a minimum wage under

subsection (1).

Annual

adjustment

(4) On October 1 of every year starting in 2015,

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 which,

"Previous wage" is the minimum wage that applied

immediately before October 1 of the year,

"Index A" is the Consumer Price Index for the previous

calendar year,

"Index B" is the Consumer Price Index for the calendar

year immediately preceding the calendar year mentioned in the description of "Index

A", and

"Adjusted wage" is the new minimum wage.

Rounding

(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.

Exception

where decrease

(6) If the adjustment otherwise

required by subsection (4) would result in a decrease in the minimum wage, no

adjustment shall be made.

Publication

of minimum wage

(7) The

Minister shall, not later than April 1 of every year after 2014, publish on a website

of the Government of Ontario the minimum wages that are to apply starting on

October 1 of that year.

Same

(8) If a prescribed minimum wage described

in paragraph 1 of subsection (1) changes after the Minister has published the

minimum wages that are to apply starting on October 1, 2015, the Minister shall

promptly publish the new wage that will apply starting on October 1, 2015 as a

result of the change.

Same

(9) If, after the Minister publishes the minimum

wages that are to apply starting on October 1 of a year, a minimum wage is

prescribed under subsection (2) for a prescribed class of employees, the

Minister shall promptly publish the new wage that will apply to that class

starting on October 1 of the applicable year as a result of the wage having

been prescribed.

Review

(10) Before October 1, 2020, and every five

years thereafter, the Minister shall cause a review of the minimum wage and the

process for adjusting the minimum wage to be commenced.

Same

(11) The Minister may specify a date by

which a review under subsection (10) must be completed.

Definition

(12) In this section,

"Consumer

Price Index" means the Consumer Price Index for Ontario (all items) published

by Statistics Canada under the Statistics Act (Canada).

3. Paragraph

2 of subsection 141 (1) of the Act is repealed and the following substituted:

2. Establishing

rules respecting the application of the minimum wage provisions of this Act and

the regulations.

2.0.1 Prescribing

a class of employees that would otherwise be in the class described in

subparagraph 1 v of subsection 23.1 (1) and prescribing the minimum wage that

applies to the class for the purposes of subsection 23.1 (2).

2.0.2 Requiring

an employer to pay at least the amount prescribed where an employee who

regularly works more than three hours a day is required to present himself or

herself for work on a day on which he or she works fewer than three hours.

Commencement

(1) Subject

to subsection (2), this Act comes into force on the day it receives Royal

Assent.

Same

(2) Section 3 comes into force on October

1, 2015.

Short

title

5. The

short title of this Act is the Fair Minimum Wage Act, 2014 .

EXPLANATORY

NOTE

Currently,

the minimum wage is set out in a regulation made under the Employment

Standards Act, 2000 . The Bill amends the Act to provide that, each year,

the minimum wage is adjusted in accordance with the new subsection 23.1 (3).

Related amendments are made.

Date Bill stage Activity Committee

April 15, 2014

Second Reading

Debate

March 27, 2014

Second Reading

Debate

March 18, 2014

Second Reading

Debate

March 3, 2014

Second Reading

Debate

February 27, 2014

Second Reading

Debate

February 25, 2014

First Reading

Carried

Debates and Progress

First Reading

February 25, 2014

Minister's Statement and Mr. Monte McNaughton and Mr. Taras Natyshak

Committee

Second Reading

February 27, 2014

Principal Debaters:

Hon. Yasir Naqvi, Mr. Vic Dhillon, Mr. Monte McNaughton

Questions and Comments:

Mr. John Vanthof, Hon. Jeff Leal, Mr. Jim McDonell

March 3, 2014

Principal Debaters:

Mr. Monte McNaughton, Mr. Steve Clark, Ms. Catherine Fife, Mr. Shafiq Qaadri, Mr. Bill Walker, Mr. Taras Natyshak, Mr. Michael Prue

Questions and Comments:

Mr. Percy Hatfield, Mr. John Vanthof, Mr. Toby Barrett, Mr. Jagmeet Singh, Mr. Bob Delaney, Mr. Jim McDonel, Mr. Bill Mauro, Hon. Madeleine Meilleur, Hon. Yasir Naqvi, Ms. Teresa J. Armstrong, Hon. Ted McMeekin

March 3, 2014 (continued)

March 18, 2014

Principal Debaters:

Hon. Teresa Piruzza, Mr. Bill Mauro, Mr. Jim McDonell, Mr. Paul Miller, Ms. Laurie Scott, Ms. Peggy Sattler

Questions and Comments:

Ms. Teresa J. Armstrong, Mr. Vic Dhillon, Mrs. Gila Martow, Mr. Wayne Gates, Mr. John Fraser, Mr. Todd Smith, Hon. James J. Bradley, Mr. Rick Nicholls, Hon. David Zimmer, Mr. John O’Toole, Mr. Wayne Gates, Hon. Yasir Naqvi

March 27, 2014

Principal Debaters:

Mr. Michael Mantha, Mr. John O'Toole, M me France Gélinas, Mr. Rob E. Milligan

Questions and Comments:

Hon. Tracy MacCharles, Mr. Taras Natyshak, Hon. David Zimmer, Hon. Jeff Leal, Mrs. Jane McKenna, Mr. Percy Hatfield, Hon. Kevin Daniel Flynn, Mr. Taras Natyshak, Hon. Glen R. Murray

April 15, 2014

Principal Debaters:

Ms. Teresa J. Armstrong, Mr. Wayne Gates, Mr. Todd Smith, Mr. Rick Nicholls, Ms. Sylvia Jones, Mr. Jim Wilson

Questions and Comments:

Hon. Kevin Daniel Flynn, Mr. Monte McNaughton, Mr. Paul Miller, Mr. Rob E. Milligan, Hon. Michael Coteau, Ms. Peggy Sattler, Mr. John Fraser, Hon. Liz Sandals, Mr. Monte Kwinter, Mr. Rob E. Milligan, Mr. Grant Crack, Hon. Deborah Matthews, Mr. John Yakabuski

Committee

Third Reading

Royal Assent

Acts affected - Bill 165

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Employment Standards Act, 2000

Legislative Assembly of Ontario

Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.

Back to top

Document details

Collection	Ontario — Bills
Citation	Bill 165, 40-2
Type	bill
Volume / chapter	p40 s2 bill 165 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	2efa93edd0b289cec70b075a0a0044bb8f7366fa

Source file is stored in the law ingest library (html).