Employment Standards Amendment Act (Raising the Minimum Wage), 2001 Hampton, Howard — Bill 39 (37th Parliament, 3rd Session)

Bill 39, 37-3

Ontario — Bills

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Bill 39, Employment Standards Amendment Act (Raising the Minimum Wage), 2001

Hampton, Howard

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[37] Bill 39 Original (PDF)

Bill 39 2001

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:

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 à la pièce")

"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), 2001.

EXPLANATORY NOTE

The Employment Standards Act currently provides that minimum wage

rates are to be prescribed by regulation. The 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 the Bill are 65 cents per hour higher than the

minimum wage rates currently set out in regulation.

Date Bill stage Activity Committee

December 5, 2001

Ordered carried over from previous session

December 5, 2001

Carried over to next session

May 3, 2001

First Reading

Carried

Debates and Progress

First Reading

May 3, 2001

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 39, 37-3
Type	bill
Volume / chapter	p37 s3 bill 39 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	83c582510712b6e9f8ccfd5ce92ce91fc86cf0ab

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