Employment Standards Act, 2000 Stockwell, Hon. Chris Minister of Labour — Bill 147 (37th Parliament, 1st Session)

Bill 147, 37-1

Ontario — Bills

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Bill 147, Employment Standards Act, 2000

Stockwell, Hon. Chris Minister of Labour

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Original

As Amended by Standing Committee

Royal Assent

[37] Bill 147 Royal Assent (PDF)

Bill 147

Bill 1472000

An Act to revise the law related

to employment standards

CONTENTS

PART I

DEFINITIONS

1.Definitions

part ii

posting of information

concerning rights

and obligations

2.Material to be posted

part iii

how this act applies

3.Who Act applies to

4.Separate persons treated as one employer

5.No contracting out

6.Settlement by trade union binding

7.Agents

8.Civil proceedings not affected

part iv

continuity of employment

9.Sale, etc., of business

10.New building services provider

part v

payment of wages

11.Payment of wages

12.Statement re wages

13.Deductions, etc.

14.Priority of claims

part vi

records

15.Records

16.Availability

part vii

hours of work and eating periods

17.Limit on hours of work

18.Hours free from work

19.Exceptional circumstances

20.Eating periods

21.Payment not required

part viii

overtime pay

22.Overtime threshold

part ix

minimum wage

23.Minimum wage

part x

public holidays

24.Public holiday pay

25.Two kinds of work

26.Public holiday ordinarily a working day

27.Agreement to work, ordinarily a working day

28.Requirement to work on public holiday:

certain operations

29.Public holiday not ordinarily a working day

30.Agreement to work where not ordinarily a working day

31.Premium pay hours not overtime hours

32.If employment ends

PART XI

VACATION WITH PAY

33.Right to vacation

34.Timing of vacation

35.Vacation pay

36.When to pay vacation pay

37.Payment during labour dispute

38.If employment ends

39.Multi-employer plans

40.Vacation pay in trust

41.Approval to forego vacation

part xii

equal pay for equal work

42.Equal pay for equal work

PART XIII

benefit plans

43.Definition

44.Differentiation prohibited

part xiv

leaves of absence

45.Definitions

Pregnancy Leave

46.Pregnancy leave

47.End of pregnancy leave

Parental Leave

48.Parental leave

49.End of parental leave

Emergency Leave

50.Emergency leave

General Provisions

Concerning Leaves

51.Rights during leave

52.Length of employment

53.Reinstatement

part xv

termination and severance

of employment

Termination of Employment

54.No termination without notice

55.Prescribed employees not entitled

56.What constitutes termination

57.Employer notice period

58.Notice, 50 or more employees

59.Period of employment: included, excluded time

60.Requirements during notice period

61.Pay instead of notice

62.Deemed active employment

Severance of Employment

63.What constitutes severance

64.Entitlement to severance pay

65.Calculating severance pay

66. Instalments

Election re Recall Rights

67.Where election may be made

part xvi

lie detectors

68.Definitions

69.Right to refuse test

70.Prohibition: testing

71.Consent to test by police

part xvii

Retail business establishments

72.Application

73.Right to refuse work

part xviii

reprisal

74.Prohibition

part xix

building services providers

75.New provider

76.Vacation pay

77.Information request, possible new provider

78.Use of information

part xx

liability of directors

79.Definition

80.Application of

part

81.Directors' liability for wages

82.No relief by contract, etc.

83.Civil remedies protected

part xxi

who enforces this act

and what they can do

84.Minister responsible

85.Director

86.Employment standards officers

87.Delegation

88.Powers and duties of Director

89.Powers and duties of officers

90.Officers not compellable

91.Investigation and inspection powers

92.Warrant

93.Posting of notices

94.Powers under the Canada Labour Code

95.Service of documents

part xxiI

complaints and enforcement

Complaints

96.Complaints

97.When civil proceeding not permitted

98.When complaint not permitted

Enforcement under

Collective Agreement

99.When collective agreement applies

100.If arbitrator finds contravention.

101.Arbitration and

section 4

Enforcement by

Employment Standards Officer

102.Meeting may be required

103.Order to pay wages

104.Order for compensation or reinstatement

105.Employee cannot be found

106.Order against director,

Part XX

107.Further order,

Part XX

108.Compliance order

109.Money paid when no review

110.Refusal to issue order

111.Restriction on recovery

Settlements

112.Settlement

Notices of Contravention

113.Notice of contravention

Limitation Period

114.Limitation period re orders and notices

115.Meaning of "substantially the same"

part xxiII

reviews by the board

Reviews of Orders

116.Review

117.Money held in trust pending review

118.Rules of practice

119.Powers of Board

120.Settlement through labour relations officer

Referral of Matter under

Part XIII

121.Referral

Review of Notice of Contravention

122.Review of notice of contravention

General Provisions

Respecting the Board

123.Persons from Board not compellable

124.When no decision after six months

part xxiv

Collection

125.Third party demand

126.Filing of order

Collectors

127.Director may authorize collector

128.Collector's powers

129Settlement by collector

Reciprocal Enforcement of Orders

130.Definitions

part xxv

offences and prosecutions

Offences

131.Offence to keep false records

132.General offence

133.Additional orders re

section 74

134.Offence re order for reinstatement

135.Additional orders re other contraventions

136.Offence re directors' liability

137.Offence re permitting offence by corporation

138.Where prosecution may be heard

139.Limitation period

part xxvI

miscellaneous

evidentiary provisions

140.Copy constitutes evidence

part xxvii

regulations

141.Regulations

part xxviii

transition, amendment, repeals,

commencement and

short title

142.Transition

143.Amendment to Employment Standards Act

144.Repeals

145.Commencement

146.Short title

______________

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

Assembly of the Province of Ontario, enacts as follows:

part i

definitions

Definitions

(1) In this Act, "

agent" includes a trade union that represents an employee in collective

bargaining; ("mandataire") "

arbitrator" includes,

(a)a board of arbitration, and

(b)the Board, when it is acting under

section 133 of the Labour

Relations Act, 1995\; ("arbitre") "

benefit plan" means a benefit plan provided for an employee by or through

his or her employer; ("rgime d'avantages sociaux") "

Board" means the Ontario Labour Relations Board; ("Commission") "

building services" means services for a building with respect to food,

security and cleaning and any prescribed services for a building; ("services

de gestion d'immeubles") "

building services provider" or "provider" means a person who provides

building services for a premises and includes the owner or manager of a

premises if the owner or manager provides building services for premises the

person owns or manages; ("fournisseur de services de gestion d'immeubles",

"fournisseur") "

business" includes an activity, trade or undertaking; ("entreprise") "

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") "

employee" includes a person who,

(a)performs work for an employer for wages,

(b)supplies services to an employer for wages,

(c)receives training from a person who is an employer, as set out in

subsection (2), or

(d)is a homeworker,

and includes a person who was an employee; ("employ") "

employer" includes,

(a)an owner, proprietor, manager, superintendent, overseer, receiver or

trustee of an activity, business, work, trade, occupation, profession,

project or undertaking who has control or direction of, or is directly or

indirectly responsible for, the employment of a person in it, and

(b)any persons treated as one employer under

section 4, and includes a

person who was an employer; ("employeur") "

employment contract" includes a collective agreement; ("contrat de

travail") "

employment standard" means a requirement or prohibition under this Act

that applies to an employer for the benefit of an employee; ("norme

d'emploi") "

establishment", with respect to an employer, means a location at which the

employer carries on business but, if the employer carries on business at more

than one location, separate locations constitute one establishment if,

(a)the separate locations are located within the same municipality, or

(b)one or more employees at a location have seniority rights that extend

to the other location under a written employment contract whereby the

employee or employees may displace another employee of the same employer;

("tablissement") "

homeworker" means an individual who performs work for compensation in

premises occupied by the individual primarily as residential quarters but

does not include an independent contractor; ("travailleur domicile") "

hospital" means a hospital as defined in the Hospital Labour Disputes

Arbitration Act\; ("hpital") "

labour relations officer" means a labour relations officer appointed under

the Labour Relations Act, 1995\; ("agent des relations de travail")

Minister" means the Minister of Labour; ("ministre") "

Ministry" means the Ministry of Labour; ("ministre") "

overtime hour", with respect to an employee, means,

(a)if one or more provisions in the employee's employment contract or in

another Act that applies to the employee's employment provides a greater

benefit for overtime than

Part VIII (Overtime Pay), an hour of work in excess

of the overtime threshold set out in that provision, and

(b)otherwise, an hour of work in excess of the overtime threshold under

this Act that applies to the employee's employment; ("heure supplmentaire")

person" includes a trade union; ("personne") "

premium pay" means an employee's entitlement for working on a public

holiday as described in subsection 24 (2); ("salaire major") "

prescribed" means prescribed by the regulations; ("prescrit") "

public holiday" means any of the following:

1.New Year's Day.

2.Good Friday.

3.Victoria Day.

4.Canada Day.

5.Labour Day.

6.Thanksgiving Day.

7.Christmas Day.

8.December 26.

9.Any day prescribed as a public holiday; ("jour fri") "

public holiday pay" means an employee's entitlement with respect to a

public holiday as determined under subsection 24 (1); ("salaire pour jour

fri") "

regular rate" means, subject to any regulation made under paragraph 10 of

subsection 141 (1),

(a)for an employee who is paid by the hour, the amount paid for an hour of

work in the employee's usual work week, not counting overtime hours,

(b)otherwise, the amount paid 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, termination pay and severance pay and entitlements

under a provision of an employee's contract of employment that under

subsection 5 (2) prevail over

Part VIII,

Part X,

Part XI or

Part XV;

("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; ("sem

Document details

Collection	Ontario — Bills
Citation	Bill 147, 37-1
Type	bill
Volume / chapter	p37 s1 bill 147 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	ae91134bbb106e7ec3697ce3efbc69b81705a97b

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