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Employment Standards Act, 2000

ONTARIO REGULATION 159/05

TERMS AND CONDITIONS OF EMPLOYMENT IN DEFINED INDUSTRIES — MINERAL EXPLORATION AND MINING

Consolidation Period: From September 30, 2005 to the e-Laws currency date.

Last amendment: O.Reg. 523/05.

This is the English version of a bilingual regulation.

Definitions

1.  In this Regulation,

“defined industries” means the mineral exploration industry and the mining industry; (“industries définies”)

“mineral exploration” means prospecting, staking or exploration for minerals and any related activities, and includes,

(a) advanced exploration such as the excavation of an exploratory shaft, adit or decline, the extraction of minerals for the purpose of proving a mineral deposit, and the installation of a mill for test purposes, and

(b) site rehabilitation; (“exploration minière”)

“mining” means the extraction, concentration and smelting of economic minerals from a mineral deposit for commercial purposes, and “mine” has a corresponding meaning. (“exploitation minière”) O. Reg. 159/05, s. 1.

Scope

2.  (1)  This Regulation is restricted in its application to,

(a) employees in the mineral exploration industry who work at sites of mineral exploration, subject to subsection (2);

(b) employees in the mining industry who,

(i) work at mines, and

(ii) during periods of consecutive days of work, do not live at their principal residences but instead live in bunkhouses, hotels or motels, or other temporary accommodation; and

(c) employers of the employees described in clauses (a) and (b). O. Reg. 159/05, s. 2 (1).

(2)  Clause (1) (a) does not apply to an employee whose employer’s principal business is mining. O. Reg. 159/05, s. 2 (2).

Terms and conditions of employment

3.  This Regulation sets out terms and conditions of employment that apply to employees and employers described in section 2. O. Reg. 159/05, s. 3.

Days free from work

4.  (1)  If the employer and the employee agree, subsections (2) and (3) apply instead of subsection 18 (4) of the Act. O. Reg. 159/05, s. 4 (1).

(2)  The employer shall not require or permit the employee to perform work on more than 28 consecutive days. O. Reg. 159/05, s. 4 (2).

(3)  The employer shall give the employee days free from work in accordance with the following:

1. The number of days free from work shall be equal to the number of consecutive days on which the employee worked before the period of days free from work, divided by three.

2. Despite paragraph 1, if dividing by three under that paragraph produces a mixed number, the number of days free from work shall be the next higher whole number.

3. If the employee is entitled to more than one day free from work, those days shall be consecutive, and all of them shall be given before the employee returns to work. O. Reg. 159/05, s. 4 (3).

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