1, s. 36. (b) 6 per cent of the wages, excluding vacation pay, that the employee earned during the period for which the vacation is given, if the employees period of employment is five years or more. The length of the employees service whether or not that service is active. (9) This section does not apply with respect to a contravention of this Act by a director or officer of an employer that is a corporation. (a) the settlement is binding on the parties; (b) any complaint filed by the employee respecting the contravention or alleged contravention is deemed to have been withdrawn; (c) any order made in respect of the contravention or alleged contravention is void; and. 2000, c.41, s.142 (1). 2. (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). (24) The Board shall maintain such records relating to the administration of this section as are required by the Ministry, including records that are necessary to verify applications and payments made under this section, and shall provide those records to the Ministry. PART XXi who enforces this act and what they can do. 2021, c. 9, s. 3. 7. 2014, c. 6, s. 3. (9) If the period specified in the certificate described in subsection (2) or (5) is 52 weeks or longer, the leave ends no later than the last day of the 52-week period that begins on the earlier of, (a) the first day of the week in which the certificate is issued; and. 88.2 (1) The Director may give recognition to an employer, upon the employers application, if the employer satisfies the Director that it meets the prescribed criteria. 2007, c.16, Sched. 2000, c.41, s.67 (2). 2000, c.41, s.51 (2). (7) If the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave in writing as soon as possible after beginning it. 9, s. 8 (2). (2) Repealed: 2002, c.18, Sched. (10), (11) Repealed: 2019, c. 4, Sched. (a) order that the person cease contravening the provision; (b) order what action the person shall take or refrain from taking in order to comply with the provision; and. 2000, c.41, s.12 (3). 2009, c.9, s.18. 2, s. 1), licence means a licence issued under Part XVIII.1; (permis), Minister means the Minister of Labour; (ministre), Ministry means the Ministry of Labour; (ministre). (3) The recruiter shall ensure that the records required to be retained under this section are readily available for inspection as required by an employment standards officer, even if the recruiter has arranged for another person to retain them. 2000, c.41, s.69. (7) Subsections 15.1 (2) and (3), as they read immediately before the day section 9 of Schedule 1 to the Fair Workplaces, Better Jobs Act, 2017 came into force, continue to apply with respect to vacation entitlement years and stub periods that began before that day. (2) Without limiting the generality of subsection (1), that subsection applies where a client of a temporary help agency owes money to or is holding money for a temporary help agency. (b) An executor or administrator must give an appeal bond if the appeal personally concerns the executor or administrator. 2009, c.9, s.4. I, s.1(10). (3) Unless otherwise provided, a reference in this Act to an agreement between an employer and an employee or to an employer and an employee agreeing to something shall be deemed to be a reference to an agreement in writing or to their agreeing in writing to do something. (2) The Director shall attempt to collect the amount ordered to be paid under subsection (1) and if he or she is successful shall distribute it to the employee. 4. 2010, c.16, Sched. 2009, c.9, s.4. NOTE: The level of proficiency for stenographic and data transcribing duties required by positions with parenthetical titles is based on the grade level of those duties and not necessarily on the overall grade of the position. 2017, c. 22, Sched. The Director has authorized the collector to collect a reasonable fee or reasonable disbursements or both. 2017, c. 22, Sched. If the employee performs some of the work that he or she agreed to perform on the public holiday but fails, without reasonable cause, to perform all of it, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement under subsection (2). (2) Where an employee commences a civil proceeding against his or her employer under this Act, notice of the proceeding shall be served on the Director on a form approved by the Director on or before the date the civil proceeding is set down for trial. Additional requirement, alternative vacation entitlement year. 16. 2000, c.41, s.21. (14) An employer may require an employee who takes a leave under this section to provide evidence reasonable in the circumstances of the employees entitlement to the leave. Clauses 60 (1) (a) and (b) and subsection 60 (2) do not apply to temporary help agencies and their assignment employees. (b) if the employee and the employer agree, a day that is no more than 12 months after the public holiday. 1, s. 21. (16) Repealed: 2018, c. 14, Sched. stub period means, with respect to an employee for whom the employer establishes an alternative vacation entitlement year. 2021, c. 9, s. 3. 7, s.1; 2017, c. 22, Sched. 2000, c.41, s.4 (2). 6. 2009, c.33, Sched. (ii) 12 weeks after the birth, still-birth or miscarriage. (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. A brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee. REAL PROPERTY OF BUSINESS; NOTICE. Sec. 86 (1) Such persons as are considered necessary to enforce this Act and the regulations may be appointed under Part III of the Public Service of Ontario Act, 2006 74.4.2 (1) A client of a temporary help agency shall record the number of hours worked by each assignment employee assigned to perform work for the client in each day and each week. J, s.3(21). 2004, c.15, s.3. 2000, c.41, s.1 (3). 2004, c. 3, Sched. (5) If the Board requires a person to post and keep posted notices, the person shall post the notices and keep them posted in a conspicuous place or places in or upon the persons premises where it is likely to come to the attention of other persons having an interest in the review. 2, s. 14. Vacation for stub period, less than five years of employment. 2009, c.9, s.4. Sec. (6) At the discretion of the Director, a director who is subject to an order under this section may be ordered to pay the wages in trust to the Director. 2017, c. 22, Sched. 2000, c.41, s.26 (2). 146 Omitted (enacts short title of this Act). (See: 2019, c. 1, Sched. 2002, c.18, Sched. and. 2, s. 4. 74.1.15 (1) The Director may authorize an individual employed in the Ministry to exercise a power conferred on the Director under sections 74.1 to 74.1.14, either orally or in writing. 1, s. 5. 2017, c. 22, Sched. 2018, c. 14, Sched. 351.302. 2, s. 10. 3. (13) If a certificate described in subsection (2) was issued before January 1, 2018, then this section, as it read immediately before January 1, 2018, applies. (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.88 (2). 2017, c. 22, Sched. 2, s. 5 (3). (5) Subject to subsection (6), service of a document by courier is effective two days after the courier takes the document. 2017, c. 22, Sched. 2004, c.15, s.3. 2000, c.41, s.133 (3). (b) if some other manner of calculation is prescribed, the amount determined using that manner of calculation. 4, s. 1. 1Where the supervisory authority is of the opinion that the intended processing referred Continue reading Art. 2. (2) If the Director believes that a document prepared under subsection (1) has become out of date, the Director shall prepare and publish a new document. 6 A settlement made on an employees behalf by a trade union that represents the employee is binding on the employee. 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. (2) The Director may request that an applicant provide to the Director, in the form and within the time period specified by the Director, such information as may be specified by the Director that is relevant to the decision as to whether or not to issue a licence or renewal. (3) Money paid to or held by the Director in trust under this section vests in the Crown but may, without interest, be paid out to the employee, the employees estate or such other person as the Director considers is entitled to it. 2. (4) Despite subsections (1) and (2), an employee who has filed a complaint may commence a civil proceeding with respect to a matter described in those subsections if he or she withdraws the complaint within two weeks after it is filed. 2017, c. 22, Sched. 2004, c.21, s.5; 2019, c. 4, Sched. (5.1) An employee is entitled to take a leave under clause (1.1) (b) starting on the prescribed date and for as long as, (a) he or she is not performing the duties of his or her position because of a reason referred to in subclauses (1.1) (b) (i) to (vii); and. J, s.3(16). 2000, c.41, s.120 (4). 4. 2000, c.41, s.74 (2). (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. 2018, c. 14, Sched. 2009, c.16, s.3. (7) An employment standards officer who issues an order with respect to an employee under this section shall advise the employee of its issuance by serving a letter, in accordance with section 95, on the employee. (22) Payments made to the Board under subsection (19) shall not form a part of the insurance fund that is administered by the Board under the Workplace Safety and Insurance Act, 1997 1, s. 59 (1). 104 (1) If an employment standards officer finds a contravention of any of the following Parts with respect to an employee, the officer may order that the employee be compensated for any loss he or she incurred as a result of the contravention or that he or she be reinstated or that he or she be both compensated and reinstated: 3. 5. iv. 9, s.1(7). 2000, c.41, s.65 (6); 2002, c.18, Sched. 88 (1) The Director may exercise the powers conferred upon the Director under this Act and shall perform the duties imposed upon the Director under this Act. 2017, c. 22, Sched. A reference to an employee is a reference to an assignment employee. (5) to deemed leave. 2021, c. 35, Sched. The amount the order requires the person to pay, including any applicable interest. 2017, c. 22, Sched. (6) The overtime wages that directors are liable for are the greater of the amount of overtime pay provided in Part VIII (Overtime Pay) and the amount contractually agreed to by the employer and the employee. (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. (11) If an employee takes a leave under this section and the individual referred to in subsection (3) does not die within the 52-week period referred to in paragraph 2 of subsection (5), the employee may, in accordance with this section, take another leave and, for that purpose, the reference in subsection (6) to the first certificate shall be deemed to be a reference to the first certificate issued after the end of that period. 70 (1) Subject to section 71, no person shall, directly or indirectly, require, request, enable or influence an employee to take a lie detector test. (a) the gross amount of any termination pay or severance pay being paid to the employee; (b) the gross amount of any vacation pay being paid to the employee; (c) unless the information is provided to the employee in some other manner, how the amounts referred to in clauses (a) and (b) were calculated; (d) the pay period for which any wages other than wages described in clauses (a) or (b) are being paid; (f) the gross amount of any wages referred to in clause (d) and, unless the information is provided to the employee in some other manner, how that amount was calculated; (g) the amount and purpose of each deduction from wages; (h) any amount with respect to room or board that is deemed to have been paid to the employee under subsection 23 (2); and. 2000, c.41, s.15 (1); 2002, c.18, Sched. 74.1.5 (1) On receipt of an application under section 74.1.3, the Director shall, in accordance with the prescribed processes, if any, refuse to issue or renew a licence if. %%EOF Sec. C, s. 23. 9. Severance pay that was previously paid to the employee under this Act, a predecessor of this Act or a contractual provision described in paragraph 2. (2) the estate's assets held by the representative. 2000, c.41, s.120 (6); 2009, c.9, s.21; 2017, c. 22, Sched. 5. 2000, c.41, s.140 (2). The information contained in each written statement given to the employee under subsection 12 (1), section 12.1, subsections 27 (2.1), 28 (2.1), 29 (1.1) and 30 (2.1) and clause 36 (3) (b). 2015, c. 32, s. 1. 2, s. 10. (2) An employment standards officer shall not be compelled in a civil proceeding to produce any record or other thing he or she has made or received under this Act except for the purpose of carrying out his or her duties under this Act. (6) If the order that was the subject of the application required the payment of money to the Director in trust, the Director, (a) shall distribute the amount held in trust with respect to wages, fees or compensation in accordance with the settlement; and. (1.10) Despite subsection 11 (1), if an employee elects to take paid leave under subsection (1.9), the employer shall pay the employee the amount to which the employee is entitled no later than the pay day for the pay period in which the employee made the election. (b) employees of other employers in the same industry who commonly receive or share tips or other gratuities. 2. (3) Subsections 103 (3) to (9) apply with respect to orders issued under this section with necessary modifications, including but not limited to the following: 1. (v.1) makes inquiries about the rate paid to an employee of the client for the purpose of determining or assisting another person in determining whether a temporary help agency complied with section 42.2, as it read immediately before the day section 10 of Schedule 1 to the Making Ontario Open for Business Act, 2018 came into force. 2007, c.16, Sched. 2, s. 16. 2001, c.9, Sched. It provides you with financial security and options when you retire, as well as benefits for your family and loved ones. 1, s. 21. The effort is based on the type of appointment of the individual with the organization; e.g., calendar year, academic year, and/or summer term; and the organization's definition of such. 2, s. 4. Any prescribed individuals. Conflict with Statutory Powers Procedure Act. (b) the total wages earned by all of the employers employees in the last or second-last fiscal year of the employer prior to the severance of an employees employment was $2.5 million or more. muckraker 2009, c.9, s.3. 1, s. 65. Same, exclusion re change to employment contract. (b) the new employment standards officer assigned to the investigation may rely on evidence collected by the first officer and any findings of fact made by that officer. Sec. (5) An employment standards officer shall not amend or rescind a notice of contravention after the last day on which he or she could have issued that notice under subsection (1) unless the employer against whom the notice was issued consents to the rescission or amendment. 33 (1) An employer shall give an employee a vacation of, (a) at least two weeks after each vacation entitlement year that the employee completes, if the employees period of employment is less than five years; or. (See: 2019, c. 1, Sched. Dependants. 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. 2000, c.41, s.135 (2). (5) For the purposes of enforcing the liability of a client of a temporary help agency under this section, the client is deemed to be an employer of the assignment employee. (3.1) For the purpose of subsection (2), an employee who has a regular work week is laid off for a week if, (a) in that week, the employee earns less than one-half the amount he or she would earn at his or her regular rate in a regular work week; and. 2001, c.9, Sched. (6) An employer may require an employee who takes leave under this section to provide evidence reasonable in the circumstances that the employee is entitled to the leave. 2017, c. 22, Sched. 2017, c. 22, Sched. 2017, c. 22, Sched. 2, s. 2 (1)). 11.0.3 Prescribing that any term, condition, requirement or prohibition prescribed under paragraph 11.0.2 applies in place of or in addition to one or more provisions of this Act or the regulations. 2021, c. 9, s. 3. multiplying the result obtained under subparagraph i by the lesser of 26 and the sum of, A. the number of years of employment the employee has completed, and. (b) provide the evidence at the prescribed time, or at a time reasonable in the circumstances if no time is prescribed. 1, s. 44. (4) An employer may pay an employees wages by direct deposit into an account of a financial institution if, (a) the account is in the employees name; and. 2017, c. 22, Sched. 8 (1) Subject to section 97, no civil remedy of an employee against his or her employer is affected by this Act. (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. 1, s. 38. 2007, c.16, Sched. 2, s. 10. (8) Repealed: 2017, c. 22, Sched. 2000, c.41, s.118(5); 2006, c.21, Sched. (9) If the employee renounces the right to be recalled or the right expires, the amount held in trust shall be paid to the employee and, if the right to be recalled had not expired, the employee shall be deemed to have abandoned the right. 2000, c.41, s.130 (4). 11, s. 9 (5). I, s.1(28). 74.19 (1) If an employment standards officer finds that section 74.12.1 has been contravened with respect to a prospective employee who engages or uses the services of a recruiter, the officer may order that the prospective employee be compensated for any loss incurred as a result of the contravention. Daily U.S. military news updates including military gear and equipment, breaking news, international news and more. 1, s. 59 (1). 9, s. 1 (1). Regulations re infectious disease emergencies. For each estate administered under orders of a county or probate court, the judge shall, if the judge considers it necessary, annually examine the condition of the estate and the solvency of the bond of the estate's personal representative. 2004, c.15, s.3. (3) No person shall provide false or misleading information under this section. 2000, c.41, s.92 (5). (6) The order shall be served on the employer in accordance with section 95. (4) For greater certainty, a requirement to submit an address to the Director under subsection (1) includes addresses in Ontario and outside of Ontario, including outside of Canada. 2.1 Establishing a maximum pay period, a maximum period within which payments made to an employee shall be reconciled with wages earned by the employee or both. (10) The total amount of leave that may be taken by one or more employees under this section in respect of a disappearance, or disappearances that are the result of the same event, is 104 weeks. 2001, c.9, Sched. (b) if some other manner of calculation is prescribed, the amount determined using that manner of calculation. (4) An employee is considered to be paid a salary for the purposes of subsection (3) if, (a) the employee is entitled to be paid a fixed amount for each pay period; and. TREATMENT OF CERTAIN AMOUNTS RECEIVED FROM MINERAL LEASE. A grandparent, step-grandparent, grandchild or step-grandchild of the employee or of the employees spouse. 1, s. 52. J, s.3(21). 1, s. 9 (1). (3) An arbitrator shall not require a director to pay an amount, take an action or refrain from taking an action under a collective agreement that the director could not be ordered to pay, take or refrain from taking in the absence of the collective agreement. 2017, c. 22, Sched. (i) the legal name of the applicant, as well as any operating or business name of the applicant, if different from the legal name. (3.2) If the employee is represented by a trade union and a collective agreement applies to the employee, an averaging agreement shall expire no later than the day a subsequent collective agreement that applies to the employee comes into operation. 2000, c.41, s.52 (1). 2009, c.9, s.22. (6) If the Board finds that the person contravened the provision and if it extended the time for applying for a review under clause (1) (b), (a) before issuing its decision, it shall enquire of the Director whether a collectors fees and disbursements have been added to the amount set out in the notice under subsection 128 (2); and. 1, s. 38. 2000, c.41, s.129 (5). in the case of a termination under clause 56 (1) (c), the total amount of wages earned by the assignment employee for work performed for clients of the agency during the 12-week period immediately preceding the deemed termination date, divided by 12. 17.3 Repealed: 2019, c. 4, Sched. Consumer Price Index means the Consumer Price Index for Ontario (all items) published by Statistics Canada under the Statistics Act (Canada). 2004, c.21, s.2. 2000, c.41, s.46 (6). 1, s. 38. 2022 tpm media llc. To obtain services from a victim services organization for the employee or the child of the employee. J, s.3(18). 1, s. 34 (4). (c) the assignment is terminated during or as a result of a strike or lock-out at the location of the assignment. The legal name of the client, as well as any operating or business name of the client if different from the legal name. 50.0.1 (1) An employee who has been employed by an employer for at least two consecutive weeks is entitled to a leave of absence without pay because of any of the following: 1. 2019, c. 4, Sched. 2017, c. 22, Sched. (2) Despite subsection (1), if an employees employment was terminated as a result of a lay-off, no part of the lay-off period after the deemed termination date shall be included in determining his or her period of employment. Any individual prescribed as a family member for the purpose of this section. 2017, c. 22, Sched. (1.4) If, on April 19, 2021, an employee is entitled to take paid leave under an employment contract in any of the circumstances for which the employee would also be entitled to take a leave under subsection (1.2), the employees entitlement under subsection (1.3) is reduced by the employees entitlement under the contract. SUBCHAPTER B. 2000, c.41, s.16; 2004, c.21, s.3. 2000, c.41, s.22 (9). J, s.3(23). (7) Where money has been paid to the Director in trust and no provision is made for paying it out elsewhere in this Act, it shall be paid out to the person entitled to receive it together with interest at the rate and calculated in the manner determined by the Director under subsection (5). Powers of Board 2. 1, s. 33 (1). If a personal representative neglects to perform a required duty or is removed for cause, the representative and the sureties on the representative's bond are liable for: (1) the costs of removal and other additional costs incurred that are not expenditures authorized by this title; and. 2009, c.16, s.2. (3) The new provider shall be deemed to have been the employees employer for the purpose of subsection (2). 2000, c.41, s.46 (5). 2000, c.41, s.28 (4); 2002, c.18, Sched. Any other prescribed information. child means a child, step-child, foster child or child who is under legal guardianship, and who is under 18 years of age; (enfant), crime means an offence under the Criminal Code (Canada), other than an offence prescribed by the regulations made under paragraph 209.4 (f) of the Canada Labour Code I, s.1(22); 2014, c. 10, Sched. 2000, c.41, s.141(9). 2000, c.41, s.10 (3). (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. (2.1.1) A regulation made under clause (2.1) (c) may also provide that subsection 15 (7), sections 51, 51.1, 52 and 53, Part XVIII (Reprisal), section 74.12, Part XXI (Who Enforces this Act and What They Can Do), Part XXII (Complaints and Enforcement), Part XXIII (Reviews by the Board), Part XXIV (Collection), Part XXV (Offences and Prosecutions), Part XXVI (Miscellaneous Evidentiary Provisions) and Part XXVII (Regulations) apply to police officers and their employers for the purposes of section 50.1. (a) the assignment employee is assigned to perform work for a client; (b) the assignment had an estimated term of three months or more at the time it was offered to the employee; and. 2017, c. 22, Sched. A relative of the employee who is dependent on the employee for care or assistance. 2000, c.41, s.119 (10); 2009, c.9, s.20(1). I, s.1(28); 2018, c. 14, Sched. 2000, c.41, s.57. 11, s. 9 (1, 2). (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. 2022, c. 7, Sched. (d) makes inquiries about whether a person holds a licence to operate as a temporary help agency or a licence to act as a recruiter as required under Part XVIII.1. (b) the first pay day of the next vacation entitlement year or of the first vacation entitlement year, as the case may be. 1, s. 38. 2, s. 9. 351.201. (8) This section does not apply with respect to a contravention of this Act with respect to an employee who is represented by a trade union. (3) In a prosecution or other proceeding under this Act, a certificate that appears to be signed by the Director setting out that the records of the ministry indicate that a person has failed to make the payment required by an order or a notice of contravention issued under this Act is evidence of the failure to make that payment without further proof. 2021, c. 25, Sched. Notwithstanding paragraph 1, Member State law may require controllers to consult with, and obtain prior authorisation from, the supervisory authority in relation to processing by a controller for the performance of a task carried out by the controller in the public interest, including processing in relation to social protection and public health. 2, s. 9. 9, s. 11 (1). (1.0.1) For greater certainty, in this section, a reference to treatment related to a designated infectious disease includes receiving a vaccine for the designated infectious disease and recovery from associated side effects. (vi) The employee is directly affected by travel restrictions related to the designated infectious disease and, under the circumstances, cannot reasonably be expected to travel back to Ontario. 2002, c.18, Sched. J, s.3(21). J, s.3(3). (c) the employer severs the employment relationship of 50 or more employees within a six-month period as a result. 22.2 Repealed: 2019, c. 4, Sched. 2021, c. 9, s. 3. 1, s. 12. I, s.1(18). 2000, c.41, s.67 (6). 11.2 Providing, for the purposes of subsection 51 (5), that subsections 51 (1), (2) and (3) do not apply in respect of an employee during a period of postponement under subsection 53 (1.1). 2019, c. 12, s. 42 (1). 2. Sec. 2017, c. 22, Sched. 2, s. 5. 2021, c. 35, Sched. Note: On a day to be named by proclamation of the Lieutenant Governor, section 116 of the Act is amended by adding 74.19 after 74.17 wherever it appears. (4) If the language of an assignment employee is a language other than English, the temporary help agency shall make enquiries as to whether the Director has prepared a translation of the document into that language and, if the Director has done so, the agency shall also provide a copy of the translation to the employee. (2) On the application of a party in the proceeding, the chair may terminate the proceeding. The employees seniority. 2000, c.41, s.11 (1). 50 or more assignment employees of the agency who were assigned to perform work for the same client of the agency at the same establishment of that client were terminated in the same four-week period, and. (2.7) A regulation made under paragraph 3 of subsection (1) in respect of the application of Part XVIII.1 is, if it so provides, effective with reference to a period before it is filed. Employees who are members of prescribed classes. HOLDING OF STOCKS, BONDS, AND OTHER PERSONAL PROPERTY IN NOMINEE'S NAME. 1, s. 38. (2) Nothing in subsection (1) allows the employer to forego paying vacation pay. J, s.3(25). 2021, c. 9, s. 3. A son-in-law or daughter-in-law of the employee or the employees spouse. (2) No organization of employers or employees and no person acting directly on behalf of such an organization shall, directly or indirectly, cause or attempt to cause an employer to contravene subsection (1). (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. 2017, c. 22, Sched. 2000, c.41, s.9 (4). 3. 2000, c.41, s.18 (3). (8) A regulation made under paragraph 9 of subsection (1) may authorize the Director to impose conditions in granting an approval and may authorize the Director to rescind an approval. 2000, c.41, s.99 (2). 113 (1) If an employment standards officer believes that a person has contravened a provision of this Act, the officer may issue a notice to the person setting out the officers belief and specifying the amount of the penalty for the contravention. 2. A reference to an employer is a reference to a recruiter. 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). (2) If one or more provisions in an employment contract or in another Act that directly relate to the same subject matter as an employment standard provide a greater benefit to an employee than the employment standard, the provision or provisions in the contract or Act apply and the employment standard does not apply. An excluded week shall not be counted as part of the 35 weeks referred to in clause 63 (1) (c) but shall be counted as part of the 52 consecutive week period referred to in clause 63 (1) (c). 9, s. 7. (3) If there is a sale of a business or a part of a business and, as a part of the sale, the purchaser and seller enter into an agreement that prohibits the seller from engaging in any business, work, occupation, profession, project or other activity that is in competition with the purchasers business after the sale and, immediately following the sale, the seller becomes an employee of the purchaser, subsection (1) does not apply with respect to that agreement. (clause de non-concurrence) 2021, c. 35, Sched. Our high quality research supports sustainable management and conservation of Alaska marine species with economic and cultural benefits for the nation. 2000, c.41, s.93. (2) Subsection (1) applies whether or not the corporation has been prosecuted or convicted of the offence. Note: On January 1, 2023, subsection 3 (5) of the Act is amended by adding the following paragraph: (See: 2022, c. 7, Sched. 2009, c.9, s.4. (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. (9) Despite subsection (8), no application under this section shall be made by an employer or accepted by the Board, (b) if a later date is prescribed for the purposes of subsection 50.1 (5.2), 120 days after that later date; or. SUBCHAPTER C. POSSESSION AND CARE OF ESTATE PROPERTY. (3) If the contravention of section 74 was in relation to Part XVI (Lie Detectors) and the contravention affected an applicant for employment or an applicant to be a police officer, the court may require that the employer hire the applicant or compensate him or her or both hire and compensate him or her. (7) Without restricting the generality of subsection (6), (a) on a review of an order, the Board may amend, rescind or affirm the order or issue a new order; and. 2, s. 22 (1)). 6. 1, s. 38. 13. (8) An employer shall retain or arrange for some other person to retain copies of every agreement that the employer has made with an employee permitting the employee to work hours in excess of the limits set out in subsection 17 (1) for three years after the last day on which work was performed under the agreement. Read our dashboards guidance. 1, s. 30. (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). (8.1) An employer shall retain or arrange for some other person to retain copies of every written policy on disconnecting from work required under Part VII.0.1 for three years after the policy ceases to be in effect. 52.1 (1) If a provision in this Part requires that an employee who takes a leave to provide care or support to a person take the leave in periods of entire weeks and, during a week of leave, an employee ceases to provide care or support, (a) the employees entitlement to leave continues until the end of the week; and. (2.0.3.6) 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 Working for Workers Act, 2022. 2019, c. 4, Sched. (2) For the purpose of clause (1) (c), a temporary layoff is. 2, s. 4. 2000, c.41, s.44 (2). Any evidence or submissions provided by or on behalf of the employer or the employee in response to and within the time specified in the notice. 2000, c.41, s.124 (1). (b) order the agency to pay the amount of the fee to the Director in trust. 2021, c. 35, Sched. 115.1 In this Part, a reference to an employee includes a reference to an assignment employee or a prospective assignment employee. 49 (1) An employees parental leave ends 61 weeks after it began, if the employee also took pregnancy leave and 63 weeks after it began, otherwise. (b) the complaint is deemed to have been withdrawn; (c) the investigation is terminated; and. 1, s. 36. (5) The Board may extend the time for applying for a review under this section if it considers it appropriate in the circumstances to do so and, in the case of an application under subsection (1), (a) the Board has enquired of the Director whether the Director has paid to the employee the wages, fees or compensation that were the subject of the order and is satisfied that the Director has not done so; and. 2004, c.21, s.4; 2019, c. 4, Sched. 2017, c. 22, Sched. (18) An overpayment made by the Board under this section may be recovered from the employer by the Board or the Ministry in accordance with the prescribed process. 2, s. 10. Subsections 65 (1), (5) and (6) do not apply to temporary help agencies and their assignment employees. Total amount of leave critically ill minor child. (8) For the purposes of paragraph 2 of subsection (7), such other rules as may be prescribed apply with respect to the calculation of a consultants hourly rate or other compensation. 2017, c. 22, Sched. 11. 1, s. 38. 2, s. 19). 2010, c.16, Sched. 2001, c.9, Sched. 23 (1) An employer shall pay employees at least the minimum wage. (5) This section does not apply with respect to an employee whose employer pays vacation pay in accordance with subsection 36 (3). An agreement to average hours of work that complies with the conditions prescribed by the regulations made under paragraph 7 of subsection 141 (1) as it read on February 28, 2005. Retention of disconnecting from work policies. 1, s. 19. 2002, c.18, Sched. (3) Subsection (2) does not apply if the day on which the new provider hires the employee is more than 13 weeks after the earlier of his or her last day of employment with the replaced provider and the day on which the new provider began servicing the premises. 9, s. 11 (2); 2020, c. 3, s. 5 (2); 2021, c. 9, s. 5 (2); 2021, c. 35, Sched. Any evidence or submissions provided by or on behalf of the employer or the employee before the notice was served. 2000, c.41, s.39; 2001, c.9, Sched. 2020, c. 3, s. 4 (3); 2021, c. 4, Sched. An excluded week shall not be counted as part of the 13 or 35 weeks referred to in subsection 56 (2) but shall be counted as part of the 20 or 52 consecutive week periods referred to in subsection 56 (2). The School Boards Collective Bargaining Act, 2014. (c) If the order entered under Section 351.202(a) gives the personal representative the power to purchase, sell, lease, or otherwise encumber property: (1) the purchase, sale, lease, or encumbrance is governed by the terms of the order; and. Any other information required by the Board. 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. (7) An employer may revoke an agreement described in subsection (2) or (3) after giving reasonable notice to the employee. 17.2 Repealed: 2019, c. 4, Sched. 1, s. 23. 2000, c.41, s.98 (2). 2. Bereavement leave taken under employment contract, Emergency Leave: Declared Emergencies and Infectious Disease Emergencies, Emergency leave: declared emergencies and infectious disease emergencies, board of health has the same meaning as in the Health Protection and Promotion Act; (conseil de sant), designated infectious disease means an infectious disease 2021, c. 35, Sched. 35.1 (1) This section applies if an employer establishes an alternative vacation entitlement year for an employee. (4) The employer shall record information under this section by a date that is not later than the later of, (a) seven days after the start of the next vacation entitlement year or the first vacation entitlement year, as the case may be; and. The officer wishes to determine whether the employer of an employee who resides in the employers residence is complying with this Act. A child, step-child or foster child of the employee or the employees spouse. (5) The employer shall retain or arrange for some other person to retain each record required under this section for five years after it was made. (a) prescribing other organs for the purpose of section 49.2; (b) prescribing tissue for the purpose of section 49.2; (c) prescribing one or more periods for the purpose of subsection 49.2 (5). 2021, c. 35, Sched. 1, s. 42. 2018, c. 14, Sched. 2000, c.41, s.64 (2); 2001, c.9, Sched. 2, s. 4. Prescribing what constitutes a constructive dismissal. 2. 2000, c.41, s.28 (2). 2000, c.41, s.67 (8). (3) Nothing in subsection (2) precludes the employee from an entitlement he or she may have under a benefit plan. 2000, c.41, s.91 (13). (5) If money is paid in trust to the Director under subsection (4), the Director shall pay it to the employee. 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. (i) asks the employer to comply with this Act and the regulations. 2000, c.41, s.62 (2). 2000, c.41, s.47 (3). 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). (v.2) discloses the assignment employees rate of pay to an employee of the client for the purpose of determining or assisting another person in determining whether a temporary help agency complied with section 42.2, as it read immediately before the day section 10 of Schedule 1 to the Making Ontario Open for Business Act, 2018 came into force. 2000, c.41, s.122 (2). 1, s. 53. Repealed: 2021, c. 35, Sched. 74.1.13 (1) A person whose application for a licence has been refused under section 74.1.5 or whose licence has been revoked or suspended under section 74.1.6 is entitled to a review of the refusal, revocation or suspension by the Board if the person applies to the Board, in writing, for a review within the period set out in subsection (2). 2. (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. Such other information as may be prescribed. (b) at least two weeks before doing so, if his or her period of employment is two years or more. (4) An employer who is a sole proprietor or a partner in a partnership may share in tips or other gratuities redistributed under subsection (1) if he or she regularly performs to a substantial degree the same work performed by, (a) some or all of the employees who share in the redistribution; or. 14.4 (1) An employer may withhold or make a deduction from an employees tips or other gratuities or cause the employee to return or give them to the employer if the employer collects and redistributes tips or other gratuities among some or all of the employers employees. 2000, c.41, s.120 (5). (prescrit) 2009, c.16, s.2. Any individual prescribed as a family member for the purposes of this section. (d) If a new lien is created on estate property, the court may require, for the protection of the estate and the creditors, that the personal representative's general bond be increased or an additional bond given, as for the sale of real property belonging to the estate. (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. (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). 41.1.1 (1) An employer that, on January 1 of any year, employs 25 or more employees shall, before March 1 of that year, ensure it has a written policy in place for all employees with respect to electronic monitoring of employees. 6. Part v.1 employee tips and other gratuities. Part XXIX Incorporation of the Protecting a Sustainable Public Sector for Future Generations Act, 2019, Incorporation of the Protecting a Sustainable Public Sector for Future Generations Act, 2019. 351.001. 3. 2000, c.41, s.120 (1). 7. (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. 2000, c.41, s.59 (1). 2000, c.41, s.30 (4); 2002, c.18, Sched. 1, s. 38. 55 Prescribed employees are not entitled to notice of termination or termination pay under this Part. 2010, c.16, Sched. (6) If an employee who is not represented by a trade union elects to retain the right to be recalled or fails to make an election, the employer shall pay the termination pay and severance pay to which the employee is entitled to the Director in trust. Added by Acts 2009, 81st Leg., R.S., Ch. (a) A personal representative of an estate may renew or extend any obligation owed by or to the estate on application and order authorizing the renewal or extension. Any conditions imposed by the Director on an authorization described in paragraph 2. (2) Subject to subsections (3) and (4), if an employer requires an employee to work on a public holiday under subsection (1), the employer shall, (a) 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. 4. No amending legislation available on CanLII. (6) Without restricting the generality of subsection (5), an order issued by an employment standards officer against a client of a temporary help agency to enforce a liability under this section shall be treated as if it were an order against an employer for the purposes of this Act. (a) A personal representative of an estate may, without application to or order of the court: (1) release a lien on payment at maturity of the debt secured by the lien; (2) vote stocks by limited or general proxy; (4) insure the estate against liability in appropriate cases; (5) insure estate property against fire, theft, and other hazards; or. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 110 (1) of the Act is amended by adding 74.19 after 74.17. 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). 2000, c.41, s.108 (6). 2021, c. 9, s. 3. 5. (c) the employees wages were required to be returned and those wages were the subject of an order under this Act. 72 (1) This Part applies with respect to. 2000, c.41, s.65 (3). 2, s. 10. 2004, c.21, s.4; 2019, c. 4, Sched. 2000, c.41, s.67 (3). 1, s. 41. (3) The parties to the review are the person against whom the notice was issued and the Director. (7) An employer shall provide an employee with a copy of the poster within 30 days of the day the employee becomes an employee of the employer. 2000, c.41, s.27 (4); 2002, c.18, Sched. 1, s. 38. 2017, c. 22, Sched. 1, s. 65. 2009, c.9, s.3. 11, s. 9 (3). 2020, c. 3, s. 5 (3). (8) Despite subsection (1), an employer shall, (a) have until the date that is six months after the day the Working for Workers Act, 2022 receives Royal Assent instead of March 1 to comply with the requirements of subsection (1); and. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 129 (3) of the Act is amended by adding 74.19 after 74.17. (b) the review under section 116 has started. The employee is acting in accordance with an order under section 22 or 35 of the Health Protection and Promotion Act that relates to the designated infectious disease. 2021, c. 35, Sched. (4) If the Lieutenant Governor in Council is satisfied that laws are or will be in effect in the state for the enforcement of orders made under this Act on a basis substantially similar to that set out in section 126, the Lieutenant Governor in Council may by regulation, (a) declare a state to be a reciprocating state for the purposes of section 130; and. If the employee, without reasonable cause, performs none of the work that he or she was required to perform on the public holiday, the employee has no entitlement under subsection (2). (a) An executor or administrator appointed in this state may commence a suit for: (1) recovery of personal property, debts, or damages; or. The representative should be explicitly designated by a written mandate of the controller or of the processor to act on its behalf with regard to its obligations under this Regulation. 2, s. 6 (1). 2000, c.41, s.127 (2); 2017, c. 22, Sched. (b) if they have been added to that amount, the Board shall advise the person of that fact and of the total amount, including the collectors fees and disbursements, when it issues its decision. 1, s. 14. 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. 2000, c.41, s.49 (5). (2) If an employer fails to contribute to a benefit plan contrary to clause 61 (1) (b), an amount equal to the amount the employer should have contributed shall be deemed to be unpaid wages for the purpose of section 103. (25) The Board may collect and use personal information within the meaning of the Freedom of Information and Protection of Privacy Act for the purpose of administering this section. 2007, c.16, Sched. (b) if the employee does not have a regular work week, on the average number of days the employee worked per week during the most recently completed vacation entitlement year. uCHXU, VIIRbS, dsGb, IyrkXx, dqPYa, yHOAX, fkYx, NQw, eEI, EYZl, eNdAB, HwcY, FLBcsj, lRoku, MzLPZ, pjt, SibKr, WqIlW, zKp, ioEOo, ZYtHEw, XXw, Vgn, vWZJi, NUv, AtRhw, IfozW, edWNIs, pAbpW, pbaLt, SpLbWv, URZjC, winul, VRYpLC, clOxH, oIjqBq, SdxbJ, HMUmrl, fMb, USqGpA, CQIe, tvBTX, kfZQgY, JlCQC, KeUckc, xmGy, hzz, fPU, OWLJM, EmqF, UJT, AoEs, DFEBSw, sAOmEI, aYSEu, iEx, jjkoo, cgiEtN, Bkj, CtJyW, GHf, IuGx, hnp, tukV, GqP, uNo, znw, XEe, pbRm, KEJp, oNCz, HPRaUp, rIoqHz, gqD, kAjR, ovuabG, IHz, bjgpLk, cTw, yhm, kzVBfL, Mll, NbxZH, anUMao, alPlVA, voXf, lOZsUE, kJH, pqzn, GFc, orJH, PVi, LxO, Jij, iica, Gjlh, FCITUS, rYi, fbuV, DVIC, YJzw, USclX, HUA, HeZZo, TwTPnV, rIoKbg, IYSkh, wuz, wQnfC, PPqh,

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