Employment Standards Act, R.S.O. 1990, c. E.14

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Employment Standards Act

R.S.O. 1990, CHAPTER E.14

Note: This Act was repealed on September 4, 2001. See: 2000, c. 41, ss. 142, 144 (1), 145.

Amended by: 1991, c. 5, ss. 13-17; 1991, c. 16; 1991, c. 43, s. 2; 1992, c. 21, ss. 58-61; 1993, c. 27, s. 4; 1993, c. 27, Sched.; 1993, c. 38, s. 64; 1994, c. 27, ss. 57, 119; 1995, c. 1, ss.71-79; 1996, c. 23; 1996, c. 34, ss. 3, 4; 1997, c. 4, s. 80; 1997, c. 21, s. 3; 1997, c. 31, s. 149; 1998, c. 8, ss. 24-48; 1999, c. 6, s. 22; 2000, c. 41, ss. 143, 144 (1).

CONTENTS

Part I II III IV V VI VII VIII IX X XI XII XIII XIII.1 XIII.2 XIV XIV.1 XIV.2 XV XVI XVII	Definitions General Application General Provisions Homeworkers Hours of Work Minimum Wages Overtime Pay Public Holidays Vacation with Pay Equal Pay for Equal Work Benefit Plans Pregnancy and Parental Leave Lie Detector Tests Retail Business Establishments Court Ordered Payments and Garnishment Repealed Termination of Employment Employee Wage Protection Program (Discontinued) Liability of Directors Administration Offences and Penalties Regulations	Sections 1 2-6 7-15 16 17-22 23 24 25-27 28-31 32 33 34-45 46-49 50-56 56.1, 56.2 57, 58 58.1-58.18 58.19-58.29 59-75.2 76-83 84
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Definitions

Definitions

1.In this Act,

“Board” means the Ontario Labour Relations Board; (“Commission”)

“contract of employment” includes a collective agreement; (“contrat de travail”)

“Deputy Minister” means the Deputy Minister of Labour; (“sous-ministre”)

“Director” means the person appointed by the Minister as Director of Employment Standards for the purposes of this Act; (“directeur”)

“employee” includes a person who,

(a) performs any work for or supplies any services to an employer for wages,

(b) does homework for an employer, or

(c) receives any instruction or training in the activity, business, work, trade, occupation or profession of the employer,

and includes a person who was an employee; (“employé”)

“employer” includes,

(a) any owner, proprietor, manager, superintendent, overseer, receiver or trustee of any 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 therein, and

(b) any associated or related corporations, individuals, firms, syndicates or associations treated as one employer under section 12, where any one has control or direction of, or is directly or indirectly responsible for, the employment of a person therein,

and includes a person who was an employer; (“employeur”)

“employment standard” means a requirement imposed upon an employer in favour of an employee by this Act or the regulations; (“norme d’emploi”)

“employment standards officer” means a person appointed for the purposes of this Act, and includes the Director; (“agent des normes d’emploi”)

“establishment” means a location at which the employer carries on business but, where 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 by virtue of a collective agreement or written contract of employment whereby the employee or employees may displace another employee of the same employer; (“établissement”)

“homework” means the doing of any work in the manufacture, preparation, improvement, repair, alteration, assembly or completion of any article or thing or any part thereof in premises occupied primarily as living accommodation, and “homeworker” has a corresponding meaning; (“travail à domicile”, “travailleur à domicile”)

“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; (“ministère”)

“overtime rate” means the hourly rate of pay that an employee is entitled to receive for hours of work in excess of,

(a) the hours of work in a week prescribed in section 24 or the regulations, or

(b) the regular hours of work in a day or a week under a contract of employment that under subsection 4 (2) prevails over the provisions of section 24,

and “overtime pay” has a corresponding meaning; (“taux du temps supplémentaire”, “salaire pour temps supplémentaire”)

“payroll” means, in respect of an employer, the greater of,

(a) the wages earned by employees in the twelve-month period ending on the last day of the last fiscal year established by the employer that ended prior to the termination of an employee’s employment,

(b) the wages earned by employees in the twelve-month period ending on the last day of the second last fiscal year established by the employer that ended prior to the termination of an employee’s employment, or

(c) the wages earned by employees in the four weeks that ended with the last day of the last pay period completed prior to the termination of an employee’s employment, multiplied by 13; (“masse salariale”)

“premium rate” means the rate of pay to which an employee is entitled for each hour of employment on a public holiday, or a day that is deemed to be a public holiday, and “premium pay” has a corresponding meaning; (“taux de majoration”, “salaire majoré”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“public holiday” means New Year’s Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day and the 26th day of December; (“jour férié”)

“regular rate” means,

(a) the wage rate of an employee for an hour of work in a regular non-overtime work week,

(b) where clause (a) does not apply, the average hourly rate calculated by dividing the wages of an employee earned in a week by the number of hours the employee worked in that week where the employer has made and kept in accordance with this Act complete and accurate records thereof, or

(c) where clauses (a) and (b) do not apply, the hourly rate determined by an employment standards officer; (“taux normal de salaire”)

“regulations” means the regulations made under this Act; (“règlements”)

“severance pay” means the amount of pay to which an employee is entitled under section 58; (“indemnité de cessation d’emploi”)

“statutory notice period” means,

(a) the period of notice required to be given by an employer under section 57, or

(b) where the employer provides a greater amount of notice than is required by section 57, that part of the notice period ending with the termination date specified in the notice which equals the notice period required under section 57; (“délai de préavis prévu par la loi”)

“termination pay” means the amount of pay to which an employee is entitled under section 57; (“indemnité de licenciement”)

“trade union” means an organization which is,

(a) a “trade union” as defined in the Labour Relations Act,

(b) a designated bargaining agent as defined in section 277.1 of the Education Act,

(c) a bargaining agent for firefighters under Part IX of the Fire Protection and Prevention Act, 1997,

(d) Repealed: 1993, c. 38, s. 64.

(e) a “bargaining agent” as defined in the Crown Employees Collective Bargaining Act; (“syndicat”)

“wages” means any monetary remuneration payable by an employer to an employee under the terms of a contract of employment, oral or written, express or implied, any payment to be made by an employer to an employee under this Act and any allowances for room or board as prescribed in the regulations or under an agreement or arrangement therefor but does not include,

(a) tips and other gratuities,

(b) any sums paid as gifts or bonuses that are dependent on the discretion of the employer and are not related to hours, production or efficiency,

(c) travelling allowances or expenses,

(d) contributions made by an employer to a fund, plan or arrangement to which Part X of this Act applies; (“salaire”)

“week” means a period of seven consecutive days; (“semaine”)

“work week” means a week of work established by the practice of the employer or determined by an employment standards officer. (“semaine de travail”) R.S.O. 1990, c. E.14, s. 1; 1993, c. 38, s. 64; 1996, c. 23, s. 1; 1997, c. 4, s. 80; 1997, c. 31, s. 149; 1998, c. 8, s. 24.

PART I
GENERAL APPLICATION

Application of Act

2.(1) Sections 13 and 13.1 and Parts IX, X, XI, XII and XIV apply to the Crown, every agency thereof and any board, commission, authority or corporation that exercises any functions assigned or delegated to it by the Crown. R.S.O. 1990, c. E.14, s. 2 (1); 1995, c. 1, s. 71; 1997, c. 21, s. 3 (1).

Idem

(2) This Act applies to every contract of employment, oral or written, express or implied,

(a) where the employment is for work or services to be performed in Ontario; or

(b) where the employment is for work or services to be performed both in and out of Ontario and the work or services out of Ontario are a continuation of the work or services in Ontario. R.S.O. 1990, c. E.14, s. 2 (2).

Procedure

(3) The Statutory Powers Procedure Act does not apply to the exercise of any power conferred by section 5, 12, 16, 18 or 20, subsection 24 (3), section 29 or 31, subsection 32 (4), section 45, 48, 51 or 65 or subsection 67 (1) or (2) of this Act. R.S.O. 1990, c. E.14, s. 2 (3); 1991, c. 16, s. 1 (1); 1994, c. 27, s. 57 (1).

Non-application of the Statutory Powers Procedure Act

(4) The Statutory Powers Procedure Act does not apply to the exercise of any power conferred on the Program Administrator under Part XIV.1.

Same

(5) The Statutory Powers Procedure Act does not apply with respect to a determination by the Board as to whether or not to extend the time for making an application for a review under section 68. 1998, c. 8, s. 25.

Waiver, etc., to be null and void

3.(1) Subject to section 4, no employer, employee, employers’ organization or employees’ organization shall contract out of or waive an employment standard, and any such contracting out or waiver is null and void. R.S.O. 1990, c. E.14, s. 3.

Exception

(2) A person who receives a benefit under a compromise or settlement described in subsection 65.1 (1) or section 73.0.3 is bound by it if the person required to give the benefit under the compromise or settlement does so.

Same

(3) A compromise or settlement is not binding if it is entered into as a result of fraud or coercion. 1996, c. 23, s. 2.

Employment standard deemed minimum

4.(1) An employment standard shall be deemed a minimum requirement only.

Greater benefit to prevail

(2) A right, benefit, term or condition of employment under a contract, oral or written, express or implied, or under any other Act or any schedule, order or regulation made thereunder that provides in favour of an employee a higher remuneration in money, a greater right or benefit or lesser hours of work than the requirement imposed by an employment standard shall prevail over an employment standard. R.S.O. 1990, c. E.14, s. 4.

Provisions of collective agreements

5.(1) Where terms or conditions of employment in a collective agreement as defined in the Labour Relations Act confer a higher remuneration in money or a greater right or benefit for an employee respecting holidays than the provisions of Part VII, the terms or conditions of employment shall prevail.

Terms and conditions that are not in collective agreements

(2) Where the Director finds that terms or conditions of employment in a contract of employment, oral or written, express or implied, that are not in a collective agreement confer a higher remuneration in money or a greater right or benefit for an employee respecting holidays than the provisions of Part VII, the terms or conditions of employment shall prevail. R.S.O. 1990, c. E.14, s. 5.

Civil remedy not suspended or affected

6.(1) No civil remedy of an employee against his or her employer is suspended or affected by this Act.

Notice of proceeding to be given to Director

(2) Where an employee initiates a civil proceeding against his or her employer under this Act, notice of the proceeding shall be served on the Director in the prescribed form on the same date the civil proceeding is set down for trial. R.S.O. 1990, c. E.14, s. 6.

PART II
GENERAL PROVISIONS

Payment of wages

7.(1) An employer shall pay to an employee, in cash or by cheque, all wages to which an employee is entitled under,

(a) an employment standard; or

(b) a right, benefit, term or condition of employment under a contract of employment, oral or written, express or implied, that prevails over an employment standard.

Place of payment of wages

(2) All wages shall be paid at the workplace of the employee, or at a place agreed upon by the employer and the employee.

Time of payment of wages

(3) All wages due and owing to an employee shall be paid by an employer on the regular pay day of the employee as established by the practice of the employer. R.S.O. 1990, c. E.14, s. 7 (1-3).

Payment on termination

(4) If an employee is entitled to a payment upon termination of employment, the employer shall make the payment to the employee not later than seven days after the termination. 1996, c. 23, s. 3.

(5), (6) REPEALED: 1996, c. 23, s. 3.

No set-off, etc., to be claimed against wages

8.Except as permitted by the regulations, no employer shall claim a set-off against wages, make a claim against wages for liquidated or unliquidated damages or retain, cause to be returned to the employer, or accept, directly or indirectly, any wages payable to an employee. R.S.O. 1990, c. E.14, s. 8.

9.REPEALED: 1991, c. 5, s. 13.

Statement of wages

10.(1) An employer shall furnish to an employee at the time wages are paid to the employee a statement in writing, which can be retained by the employee, setting forth,

(a) the period of time or the work for which the wages are being paid;

(b) the rate of wages to which the employee is entitled unless such information is furnished to the employee in some other manner;

(c) the amount of the wages to which the employee is entitled;

(d) the amount of each deduction from the wages of the employee and the purpose for which each deduction is made;

(e) any living allowance or other payment to which the employee is entitled; and

(f) the net amount of money being paid to the employee.

Statement of vacation pay

(2) Unless the information is given to an employee in some other manner, an employer shall furnish to an employee at the time vacation pay is paid to the employee a statement in writing which can be retained by the employee setting forth,

(a) the period of time or the work for which the vacation pay is being paid;

(b) the amount of the wages upon which the vacation pay is being paid;

(c) the amount of each deduction from the vacation pay and its purpose; and

(d) the net amount of vacation pay being paid to the employee. R.S.O. 1990, c. E.14, s. 10.

Records

11.(1) An employer shall,

(a) make and keep in Ontario or in a place out of Ontario authorized by the Director for a period of twenty-four months after work is performed or services are supplied by an employee complete and accurate records in respect of the employee showing,

(i) the employee’s name and address,

(ii) the employee’s date of birth, if the employee is a student under eighteen years of age,

(iii) the number of hours worked by the employee in each day and week,

(iv) the employee’s wage rate and gross earnings,

(v) the amount of each deduction from the wages of the employee and the purpose for which each deduction is made,

(vi) any living allowance or other payment to which the employee is entitled,

(vii) the net amount of money being paid to the employee, and

(viii) any documents or certificates relating to pregnancy leave under Part XI; and

(b) make and keep in Ontario or in a place out of Ontario authorized by the Director for a period of five years after work is performed by an employee complete and accurate records in respect of the employee showing,

(i) the employee’s name and address,

(ii) the date of commencement of employment and the anniversary date thereof, and

(iii) the employee’s wages during each pay period and the vacations with pay or payment under section 30.

Exception

(2) Subclause (1) (a) (iii) does not apply in respect of the salaried employees of an employer who perform work of a clerical or administrative nature where the employer makes and keeps a record showing the number of hours worked by such employees in excess of eight hours a day and forty-four hours a week. R.S.O. 1990, c. E.14, s. 11.

Related activities, etc., may be treated as one employer

12.(1) Where, before or after this Act comes into force, associated or related activities, businesses, works, trades, occupations, professions, projects or undertakings are or were carried on by or through more than one corporation, individual, firm, syndicate or association, or any combination thereof, and a person is or was an employee of any of such corporations, individuals, firms, syndicates or associations, or any combination thereof, such corporations, individuals, firms, syndicates or associations, or any combination thereof, shall be treated as one employer for the purposes of this Act, if the intent or effect of the arrangement is to defeat, either directly or indirectly, the true intent and purpose of this Act.

Individual liability

(2) The corporations, individuals, firms, syndicates or associations treated as one employer shall be jointly and severally liable for any contravention of this Act and the regulations. R.S.O. 1990, c. E.14, s. 12.

Definitions

13.(1) In this section,

“business” includes an activity, trade or undertaking, or a part or parts thereof; (“entreprise”)

“sells” includes leases, transfers or disposes of in any other manner and “sale” has a corresponding meaning. (“vend”, “vente”)

Continuity of employment

(2) Where an employer sells a business to a purchaser who employs an employee of the employer, the employment of the employee shall not be terminated by the sale, and the period of employment of the employee with the employer shall be deemed to have been employment with the purchaser for the purposes of Parts VII, VIII, XI and XIV.

Part XIV to be complied with

(3) Where an employer sells a business to a purchaser who does not employ an employee of the employer, the employer shall comply with Part XIV. R.S.O. 1990, c. E.14, s. 13.

Successor employers

13.1(1) This section applies with respect to the following types of services provided at a premises directly or indirectly by or to a building owner or manager:

1. The services must be related to servicing the premises, including providing building cleaning services, food services and security services.

2. The services do not include,

i. construction,

ii. maintenance other than maintenance activities related to cleaning the premises, or

iii. the production of goods other than goods related to the provision of food services at the premises for consumption on the premises.

Application

(2) This section applies if, on or after October 31, 1995, one employer begins to provide services at a premises replacing another employer who was providing the services.

Continuity of employment

(3) If the successor employer employs an employee of the previous employer to provide the services and the employee ceases to be employed by the previous employer as a result,

(a) the employment of the employee by the previous employer shall be deemed not to be terminated for the purpose determining the previous employer’s obligations under Part XIV; and

(b) the employee’s period of employment by the previous employer shall be deemed to have been employment by the successor employer for the purposes of Parts VII, VIII, XI and XIV.

Successor employer’s obligation

(4) If the successor employer does not employ an employee of the previous employer, the successor employer shall comply with Part XIV in respect of the employee.

Attributed employment

(5) For the purposes of subsections (3) and (4), the employee’s period of employment by the previous employer includes any period that was attributed to the previous employer under Part XIII.2 before its repeal.

Same

(6) If the successor employer employs an employee of the previous employer, the previous employer shall pay the employee the amount of any vacation pay accrued in respect of the employee when he or she begins employment with the successor employer.

Same

(7) The previous employer shall make the payment described in subsection (6) within seven days after the earlier of,

(a) the day on which the employee ceases to be employed by the previous employer; and

(b) the day on which the previous employer ceases to provide the services at the premises.

Information

(8) Upon request, an employer providing services at a premises shall give the owner or the manager of the premises such information as may be prescribed about the employees who are providing the services.

Same

(9) Upon request, the owner or manager of the premises shall give the information referred to in subsection (8) about the employees who are providing the services at the premises on the request date to a person who becomes a successor employer providing the services.

Same

(10) Upon request, the owner or manager of the premises shall give such information as may be prescribed about the employees who are providing the services at the premises on the request date to a person who may become a successor employer providing the services.

Use of information

(11) A person to whom information is given under this section shall use the information only for the purpose of complying with this section.

Confidentiality

(12) A person in possession of information given under this section shall not disclose it except as authorized by this section.

Regulations

(13) The Lieutenant Governor in Council may make regulations prescribing information for the purposes of subsections (8) and (10).

Employment standards officer may make order

(14) If a person fails to comply with this section, an employment standards officer may order what action, if any, the person shall take or what the person shall refrain from doing in order to constitute compliance with this section and may order what compensation shall be paid by the person to the Director in trust for other persons.

Definition

(15) In this section,

“successor employer” means the employer who begins to provide services at a premises replacing another employer who was providing the services. 1995, c. 1, s. 72.

Priority of claims

14.Despite any other Act and except upon a distribution made by a trustee under the Bankruptcy Act (Canada), wages shall have priority to the claims or rights and be paid in priority to the claims or rights, including the claims or rights of the Crown, of all preferred, ordinary or general creditors of the employer to the extent of $2,000 for each employee. R.S.O. 1990, c. E.14, s. 14.

Vacation pay deemed to be held in trust

15.Every employer shall be deemed to hold vacation pay accruing due to an employee in trust for the employee whether or not the amount therefor has in fact been kept separate and apart by the employer and the vacation pay becomes a lien and charge upon the assets of the employer that in the ordinary course of business would be entered in books of account whether so entered or not. R.S.O. 1990, c. E.14, s. 15.

PART III
HOMEWORKERS

Application for permit

16.(1) An application for a permit to employ homeworkers shall be made by the employer to the Director.

Permit

(2) No person shall employ a homeworker without a permit therefor issued by the Director.

Terms, conditions, revocation and suspension of permit

(3) The Director may,

(a) issue a permit on such terms and conditions as the Director considers advisable;

(b) revoke or suspend a permit for a breach of a term or condition thereof or where the holder is liable for a contravention of any Act.

Register of homeworkers

(4) Every employer shall keep a register and enter therein the name and address of every homeworker to whom the employer gives homework, and the wages paid therefor. R.S.O. 1990, c. E.14, s. 16.

PART IV
HOURS OF WORK

Maximum working hours

17.Except as otherwise provided in this Part, and subject to any schedule in force under the Industrial Standards Act, the hours of work of an employee shall not exceed eight in the day and forty-eight in the week. R.S.O. 1990, c. E.14, s. 17.

Variation of working day

18.An employer may, with the approval of the Director, and upon such terms and conditions as the Director prescribes, adopt a regular day of work in excess of eight hours but not in excess of twelve hours, provided that the total hours of work of each employee shall not exceed forty-eight hours in a week. R.S.O. 1990, c. E.14, s. 18.

Exceeding maximum in case of accident

19.In case of an accident or in case of work urgently required to be done to machinery or plant, the employer may require the limit of hours of work prescribed by section 17 or approved under section 18 to be exceeded but only so far as may be necessary to avoid serious interference with the ordinary working of the establishment. R.S.O. 1990, c. E.14, s. 19.

Permits for excess hours

20.(1) The Director may issue a permit authorizing hours of work in excess of those prescribed by section 17 or approved under section 18, but the excess hours of work shall not exceed,

(a) in the case of an engineer, stoker, full-time maintenance worker, receiver, shipper, delivery truck driver or the driver’s helper, watchman or watchwoman or other person who, in the opinion of the Director, is engaged in a similar occupation, twelve hours in each week for each employee; and

(b) in the case of all other employees, 100 hours in each year for each employee. R.S.O. 1990, c. E.14, s. 20 (1); 1993, c. 27, Sched.

Idem

(2) Where the Director is satisfied that the work or the perishable nature of raw material being processed requires hours of work in excess of those permitted under subsection (1), the Director may issue a permit therefor.

Permit does not obligate employee

(3) The issuance of a permit under this section does not require an employee to work any hours in excess of those prescribed by section 17 or approved under section 18 without the consent or agreement of the employee or the employee’s agent to hours in excess of eight in the day or forty-eight in the week.

Terms and conditions of permit

(4) A permit issued under this section shall contain such terms, conditions and limitations as the Director prescribes. R.S.O. 1990, c. E.14, s. 20 (2-4).

Agreements subject to maximums

21.Except as otherwise provided in this Part, no employer may require or permit any employee to work, and no employee may work or agree to work, any hours that exceed the maximum hours established under this Act. R.S.O. 1990, c. E.14, s. 21.

Eating periods

22.Every employer shall provide eating periods of at least one-half hour, or such shorter period as is approved by the Director, at such intervals as will result in no employee working longer than five consecutive hours without an eating period. R.S.O. 1990, c. E.14, s. 22.

PART V
MINIMUM WAGES

Statutory agreement for minimum wage

23.Every employer who permits any employee to perform work or supply any services in respect of which a minimum wage is established shall be deemed to have agreed to pay to the employee at least the minimum wage established under this Act. R.S.O. 1990, c. E.14, s. 23.

PART VI
OVERTIME PAY

Overtime pay

24.(1) Except as otherwise provided in the regulations, where an employee works for an employer in excess of forty-four hours in any week, the employee shall be paid for each hour worked in excess of forty-four hours overtime pay at an amount not less than one and one-half times the regular rate of the employee. R.S.O. 1990, c. E.14, s. 24 (1); 1996, c. 23, s. 4.

Idem

(2) In complying with subsection (1), no employer shall reduce the regular rate of wages payable to an employee.

Employment standards officer may determine regular rate

(3) Where an employer has not made and kept complete and accurate records in respect of an employee pursuant to clause 11 (1) (a), an employment standards officer may determine the regular rate of and the number of hours worked by the employee in each day and week. R.S.O. 1990, c. E.14, s. 24 (2, 3).

PART VII
PUBLIC HOLIDAYS

Application

25.(1) This section does not apply to an employee who,

(a) is employed for less than three months;

(b) has not earned wages on at least twelve days during the four work weeks immediately preceding a public holiday;

(c) fails to work his or her scheduled regular day of work preceding or his or her scheduled regular day of work following a public holiday;

(d) has agreed to work on a public holiday and who, without reasonable cause, fails to report for and perform the work; or

(e) is employed under an arrangement whereby the employee may elect to work or not when requested so to do. R.S.O. 1990, c. E.14, s. 25 (1); 1993, c. 27, Sched.

Holiday with pay

(2) Subject to subsections (3), (4) and (5), an employer shall give to an employee a holiday on and pay to the employee his or her regular wages for each public holiday.

Working day substituted for holiday

(3) Where a public holiday falls upon a working day for an employee, an employer may with the agreement of the employee or the employee’s agent substitute another working day for the public holiday which day shall not be later than the next annual vacation of the employee, and the day so substituted shall be deemed to be the public holiday.

Holiday that is a non-working day

(4) Where a public holiday falls on a non-working day for an employee or in the employee’s vacation, an employer shall,

(a) with the agreement of the employee or the employee’s agent pay the employee his or her regular wages for the public holiday; or

(b) designate a working day that is not later than the next annual vacation of the employee and the day so designated shall be deemed to be the public holiday. R.S.O. 1990, c. E.14, s. 25 (2-4).

Holiday pay

(5) Despite subsection (3), where an employee is employed in a hotel, motel, tourist resort, restaurant, tavern, continuous operation or a hospital, and the employee is required to work and works on a public holiday, the employer shall,

(a) pay the employee in accordance with subsection 26 (1); or

(b) pay the employee for each hour worked on a public holiday an amount not less than the employee’s regular wages and give to the employee a holiday on his or her first working day immediately following his or her next annual vacation or on a working day agreed upon and pay the employee his or her regular wages for that day. R.S.O. 1990, c. E.14, s. 25 (5); 1993, c. 27, Sched.

Definitions

(6) For the purposes of subsection (5),

“continuous operation” means that part of an establishment, industry or service in which in each seven day period operations once commenced normally continue day and night without cessation until the completion of the regularly scheduled operations for that period; (“exploitation à fonctionnement ininterrompu”)

“hospital” means a hospital as defined in the Hospital Labour Disputes Arbitration Act. (“hôpital”) R.S.O. 1990, c. E.14, s. 25 (6).

Premium rate for holiday

26.(1) Subject to subsection 25 (5), where an employee works on a public holiday, the employer shall pay to the employee for each hour worked a premium rate of not less than one and one-half times the employee’s regular rate and, where the employee is entitled to the holiday with pay, his or her regular wages in addition thereto. R.S.O. 1990, c. E.14, s. 26 (1).

Work on holiday not overtime

(2) Where an employee works on a public holiday, the hours the employee works on the public holiday shall not be taken into consideration in calculating any overtime pay to which the employee is entitled for the work week in which the public holiday occurs. R.S.O. 1990, c. E.14, s. 26 (2); 1996, c. 23, s. 5.

Payment for holiday where employment ceases

27.Where the employment of an employee ceases before the day that is substituted, designated or given for the public holiday under subsection 25 (3), clause 25 (4) (b) or clause 25 (5) (b), the employer shall pay to the employee in addition to any other payment to which the employee is entitled upon the ceasing of employment his or her regular wages for that day. R.S.O. 1990, c. E.14, s. 27; 1993, c. 27, Sched.

PART VIII
VACATION WITH PAY

Vacations

28.(1) Every employer shall give a vacation of at least two weeks to each employee upon the completion of each 12 months of employment, whether or not the employment was active employment.

Vacation pay

(2) An employer shall pay vacation pay to an employee entitled to a vacation under subsection (1).

Same

(3) The vacation pay must be not less than 4 per cent of the wages (excluding vacation pay) earned by the employee during the 12 months for which the vacation is given. 1996, c. 23, s. 6.

When vacation to be taken

29.(1) The employer shall determine the period when an employee may take the vacation to which he or she is entitled under section 28, which may be a two-week period or two periods of one week each, but in any case the employee shall be given his or her vacation not later than ten months after the end of the twelve-month period for which the vacation was given.

Director may require employer to pay

(2) Despite subsection (1) and subsection 7 (3), the Director may require an employer to pay to an employee at any time the vacation pay to which the employee is entitled under section 28.

Idem

(3) Subsection (2) applies even if there is a strike or lock-out as a result of a labour dispute. R.S.O. 1990, c. E.14, s. 29.

Vacation pay

30.Where the employment of an employee ceases before the completion of a twelve-month period of employment or the employee has not been given a vacation with pay under section 28, the employer shall pay to the employee an amount equal to 4 per cent of the wages of the employee in any twelve-month period or periods or part thereof and in calculating wages no account shall be taken of any vacation pay previously paid. R.S.O. 1990, c. E.14, s. 30; 1993, c. 27, Sched.

Agreements respecting vacation or vacation pay

31.Any agreement between an employer and an employee or employees or his, her or their agent respecting the method of providing funds for paying vacation pay, or payment in lieu of vacation, or of any arrangements for the taking of vacation, is subject to the approval of the Director. R.S.O. 1990, c. E.14, s. 31.

PART IX
EQUAL PAY FOR EQUAL WORK

Equal pay for equal work

32.(1) No employer or person acting on behalf of an employer shall differentiate between male and female employees by paying a female employee at a rate of pay less than the rate of pay paid to a male employee, or vice versa, for substantially the same kind of work performed in the same establishment, the performance of which requires substantially the same skill, effort and responsibility and which is performed under similar working conditions, except where such payment is made pursuant to,

(a) a seniority system;

(b) a merit system;

(c) a system that measures earnings by quantity or quality of production; or

(d) a differential based on any factor other than sex.

Pay not to be reduced

(2) No employer shall reduce the rate of pay of an employee in order to comply with subsection (1).

Employer not to be requested to contravene subs. (1)

(3) No organization of employers or employees or its agents shall cause or attempt to cause an employer to agree to or to pay to the employees rates of pay that are in contravention of subsection (1).

Determination by employment standards officer

(4) Where an employment standards officer finds that an employer has failed to comply with subsection (1), the employment standards officer may determine the amount of money owing to an employee because of such non-compliance, and such amount shall be deemed to be unpaid wages. R.S.O. 1990, c. E.14, s. 32.

PART X
BENEFIT PLANS

Application

33.(1) This Part applies to a fund, plan or arrangement provided, furnished or offered or to be provided, furnished or offered by an employer to the employees,

(a) under a term or condition of employment; or

(b) in which an employee may elect to participate or not and to which the employer contributes or does not contribute,

that directly or indirectly provides benefits to the employees, their beneficiaries, survivors or dependants, whether payable periodically or not, for superannuation, retirement, unemployment, income replacement, death, disability, sickness, accident, or medical, hospital, nursing or dental expenses, or other similar benefits or benefits under a deferred profit sharing plan in which employees participate in profits of the employer where the profits accumulated under the plan are permitted to be withdrawn or distributed upon death or retirement or upon contingencies other than death or retirement. R.S.O. 1990, c. E.14, s. 33 (1); 1993, c. 27, Sched.

No differentiation because of age, etc.

(2) Except as provided in the regulations, no employer or person acting directly on behalf of an employer shall provide, furnish or offer any fund, plan, arrangement or benefit that differentiates or makes any distinction, exclusion or preference between employees or a class or classes of employees or their beneficiaries, survivors or dependants because of the age, sex or marital status or same-sex partnership status of the employees. R.S.O. 1990, c. E.14, s. 33 (2); 1999, c. 6, s. 22.

Employer not to be requested to contravene subs. (2)

(3) No organization of employers or employees, or person acting directly on behalf of an organization of employers or employees, shall cause or attempt to cause an employer, directly or indirectly, to act contrary to subsection (2).

Powers of Director

(4) Where, in the opinion of the Director, an employer, an organization of employers or employees or a person acting directly on behalf of an employer or such organization may have acted contrary to subsection (2), the Director may exercise the power conferred by subsection 69 (1), and section 69 applies with necessary modifications.

Regulations

(5) In addition to the powers conferred by section 84, the Lieutenant Governor in Council may make regulations respecting any matter or thing necessary or advisable to carry out the intent and purpose of this Part, and without restricting the generality of the foregoing, may make regulations,

(a) exempting any fund, plan or arrangement or part thereof, heretofore or hereafter in existence, or any benefits thereunder from the application of this Part or any provision thereof;

(b) permitting a fund, plan or arrangement to provide, furnish or offer a benefit or benefits that differentiate or make a distinction, exclusion or preference between employees or a class thereof or their beneficiaries, survivors or dependants;

(c) suspending the application of this Part or any provision thereof to any fund, plan or arrangement or any benefits thereunder, whether provided, furnished or offered under a collective agreement or not, for such period or periods of time as may be prescribed;

(d) providing that an employer may not reduce any benefits to an employee or class of employees under any fund, plan or arrangement provided, furnished or offered in order that the employer may comply with subsection (2);

(e) providing the terms or conditions under which an employee may be entitled or disentitled to a benefit under a fund, plan or arrangement;

(f) defining any expression used in this Part, or in the regulations under this Part. R.S.O. 1990, c. E.14, s. 33 (3-5).

PART XI
PREGNANCY AND PARENTAL LEAVE

Definitions

34.In this Part,

“parent” includes a person with whom a child is placed for adoption and a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as his or her own; (“parent”)

“parental leave” means a leave of absence under subsection 38 (1); (“congé parental”)

“pregnancy leave” means a leave of absence under subsection 35 (1). (“congé de maternité”) R.S.O. 1990, c. E.14, s. 34; 1996, c. 23, s. 7.

Pregnancy leave

35.(1) A pregnant employee who started employment with her employer at least thirteen weeks before the expected birth date is entitled to a leave of absence without pay. R.S.O. 1990, c. E.14, s. 35 (1); 1993, c. 27, Sched.

When leave may begin

(2) An employee may begin pregnancy leave no earlier than seventeen weeks before the expected birth date.

Notice

(3) The employee must give the employer,

(a) at least two weeks written notice of the date the leave is to begin; and

(b) a certificate from a legally qualified medical practitioner stating the expected birth date. R.S.O. 1990, c. E.14, s. 35 (2, 3).

Special circumstances

36.(1) Subsection 35 (3) does not apply in the case of an employee who stops working because of complications caused by her pregnancy or because of a birth, still-birth or miscarriage that happens earlier than the employee was expected to give birth.

Notice in special circumstances

(2) An employee described in subsection (1) must, within two weeks of stopping work, give the employer,

(a) written notice of the date the pregnancy leave began or is to begin; and

(b) a certificate from a legally qualified medical practitioner that,

(i) in the case of an employee who stops working because of complications caused by her pregnancy, states the employee is unable to perform her duties because of complications caused by her pregnancy and states the expected birth date, or

(ii) in any other case, states the date of the birth, still-birth or miscarriage and the date the employee was expected to give birth. R.S.O. 1990, c. E.14, s. 36.

End of pregnancy leave if parental leave available

37.(1) The pregnancy leave of an employee who is entitled to take parental leave ends seventeen weeks after the pregnancy leave began.

End of pregnancy leave if parental leave not available

(2) The pregnancy leave of an employee who is not entitled to take parental leave ends on the later of the day that is seventeen weeks after the pregnancy leave began or the day that is six weeks after the birth, still-birth or miscarriage.

End of pregnancy leave on employee notice

(3) The pregnancy leave of an employee ends on a day earlier than the day provided for in subsection (1) or (2) if the employee gives the employer at least four weeks written notice of that day. R.S.O. 1990, c. E.14, s. 37.

Parental leave

38.(1) An employee who has been employed by his or her employer for at least thirteen weeks and who is the parent of a child is entitled to a leave of absence without pay following,

(a) the birth of the child; or

(b) the coming of the child into the custody, care and control of a parent for the first time. R.S.O. 1990, c. E.14, s. 38 (1); 1993, c. 27, Sched.; 1996, c. 23, s. 8 (1).

Restriction on when leave may begin

(2) Parental leave may begin no more than thirty-five weeks after the day the child is born or comes into the custody, care and control of a parent for the first time. R.S.O. 1990, c. E.14, s. 38 (2); 1996, c. 23, s. 8 (2).

Birth, etc., after Dec. 30, 2000

(2.1) Despite subsection (2), an employee may, if the child in respect of which the employee wishes to take parental leave was born or came into the employee’s custody, care and control for the first time on or after December 31, 2000, begin parental leave no more than 52 weeks after the day the child was born or came into the custody, care and control of the parent for the first time. 2000, c. 41, s. 143 (1).

When mother’s parental leave may begin

(3) The parental leave of an employee who takes a pregnancy leave must begin when the pregnancy leave ends unless the child has not yet come into the custody, care and control of a parent for the first time. R.S.O. 1990, c. E.14, s. 38 (3); 1996, c. 23, s. 8 (3).

Notice

(4) The employee must give the employer at least two weeks written notice of the date the leave is to begin. R.S.O. 1990, c. E.14, s. 38 (4).

Special circumstances

39.(1) Subsection 38 (4) does not apply in the case of an employee who is the parent of a child and who stops working because the child comes into the custody, care and control of a parent for the first time sooner than expected. R.S.O. 1990, c. E.14, s. 39 (1); 1996, c. 23, s. 9.

When leave in special circumstances begins

(2) The parental leave of an employee described in subsection (1) begins on the day the employee stops working.

Notice

(3) An employee described in subsection (1) must give the employer written notice that the employee wishes to take leave within two weeks after the employee stops working. R.S.O. 1990, c. E.14, s. 39 (2, 3).

End of parental leave

40.(1) Parental leave ends eighteen weeks after it began or on an earlier day if the employee gives the employer at least four weeks written notice of that day. R.S.O. 1990, c. E.14, s. 40.

Birth, etc., after Dec. 30, 2000

(2) Despite subsection (1) and section 41, an employee may, if the child in respect of which the employee takes parental leave was born or came into the employee’s custody, care and control for the first time on or after December 31, 2000, extend the leave without notice to the employee’s employer,

(a) if the employee took pregnancy leave, to the day that is 35 weeks after the parental leave began; or

(b) if the employee did not take pregnancy leave, to the day that is 37 weeks after the parental leave began. 2000, c. 41, s. 143 (2).

Change of notice to begin leave

41.(1) An employee who has given notice to begin pregnancy leave or parental leave may change the notice,

(a) to an earlier date if the employee gives the employer at least two weeks written notice before the earlier date; or

(b) to a later date if the employee gives the employer at least two weeks written notice before the date leave was to begin.

Change of notice to end leave

(2) An employee who has given notice to end leave may change the notice,

(a) to an earlier date if the employee gives the employer at least four weeks written notice before the earlier date; or

(b) to a later date if the employee gives the employer at least four weeks written notice before the date leave was to end. R.S.O. 1990, c. E.14, s. 41.

Rights during leave

42.(1) During pregnancy leave or parental leave, an employee continues to participate in each type of benefit plan described in subsection (2) that is related to his or her employment unless he or she elects in writing not to do so.

Benefit plans

(2) For the purpose of subsection (1), the types of plans are pension plans, life insurance plans, accidental death plans, extended health plans, dental plans and any other types of benefit plans that are prescribed.

Employer contributions

(3) During an employee’s pregnancy leave or parental leave, the employer shall continue to make the employer’s contributions for any plan described in subsection (2) unless the employee gives the employer a written notice that the employee does not intend to pay the employee’s contributions, if any. R.S.O. 1990, c. E.14, s. 42 (1-3).

Length of employment

(4) The period of an employee’s pregnancy leave or parental leave is included in any calculation of his or her length of employment (whether or not it is active employment), length of service (whether or not it is active service) or seniority, for the purpose of determining whether he or she has a right under a contract of employment.

Exception

(5) The period of an employee’s pregnancy leave or parental leave is not included when determining whether the employee has completed any probationary period of employment. 1996, c. 23, s. 10.

Reinstatement

43.(1) The employer of an employee who has taken pregnancy leave or parental leave shall reinstate the employee when the leave ends to the position the employee most recently held with the employer, if it still exists, or to a comparable position, if it does not.

Reinstatement where employer’s operations have been suspended, etc.

(2) If the employer’s operations were suspended or discontinued while the employee was on leave and have not resumed when the leave ends, the employer shall reinstate the employee, when the operations resume, in accordance with the employer’s seniority system or practice, if any.

Wages

(3) The employer shall pay a reinstated employee wages that are at least equal to the greater of,

(a) the wages the employee was most recently paid by the employer; or

(b) the wages that the employee would be earning had the employee worked throughout the leave. R.S.O. 1990, c. E.14, s. 43.

No discipline, etc., because of leave

44.An employer shall not intimidate, discipline, suspend, lay off, dismiss or impose a penalty on an employee because the employee is or will become eligible to take, intends to take or takes pregnancy leave or parental leave. R.S.O. 1990, c. E.14, s. 44.

Employment standards officer may make order

45.Where an employer fails to comply with the provisions of this Part, an employment standards officer may order what action, if any, the employer shall take or what the employer shall refrain from doing in order to constitute compliance with this Part and may order what compensation shall be paid by the employer to the Director in trust for the employee. R.S.O. 1990, c. E.14, s. 45.

PART XII
LIE DETECTOR TESTS

Definitions

46.For the purposes of this Part,

“employee” means an employee as defined in section 1 and includes an applicant for employment, a member of a police force and a person who is an applicant to be a member of a police force; (“employé”)

“employer” means an employer as defined in section 1 and includes a prospective employer and a police governing body; (“employeur”)

“lie detector test” means an analysis, examination, interrogation or test taken or performed by means of or in conjunction with a device, instrument or machine, whether mechanical, electrical, electromagnetic, electronic or otherwise, and that is taken or performed for the purpose of assessing or purporting to assess the credibility of a person. (“analyse-vérité”) R.S.O. 1990, c. E.14, s. 46; 1993, c. 27, Sched.

Right to refuse test

47.(1) An employee has a right not to take or be asked or required to take or submit to a lie detector test.

Lie detector test prohibited

(2) No person shall require, request, enable or influence directly or indirectly an employee to take or submit to a lie detector test.

Non-disclosure of test results

(3) No person shall communicate or disclose to an employer that an employee has taken a lie detector test, or communicate or disclose to an employer the results of a lie detector test. R.S.O. 1990, c. E.14, s. 47.

Order of employment standards officer

48.Where an employer contravenes a provision of this Part, an employment standards officer may order what action, if any, the employer shall take or what the employer shall refrain from doing in order to constitute compliance with this Part and may make an order to reinstate in employment or to hire the employee concerned, with or without compensation, or to compensate the employee in lieu of reinstatement or hiring for loss of earnings or other employment benefits. 1993, c. 27, s. 4 (1).

Exception

49.Nothing in this Part shall apply so as to prevent a person from consenting to take and taking a lie detector test administered on behalf of a police force in Ontario or by a member of a police force in Ontario in the course of the investigation of an offence. R.S.O. 1990, c. E.14, s. 49.

PART XIII
RETAIL BUSINESS ESTABLISHMENTS

Application

50.(1) This Part applies with respect to retail business establishments as defined in subsection 1 (1) of the Retail Business Holidays Act to the employees and employers in those establishments and to persons acting on behalf of those employers.

Non-application

(2) This Part does not apply with respect to retail business establishments in which the primary retail business is one,

(a) that sells prepared meals;

(b) that rents living accommodations;

(c) that is open to the public for educational, recreational or amusement purposes; or

(d) that sells goods or services incidental to a business described in clause (a), (b) or (c) and that is located in the same premises as the business. 1991, c. 43, s. 2 (1).

Period of rest

50.1In every seven-day period, an employer shall allow each employee at least thirty-six consecutive hours of rest. 1991, c. 43, s. 2 (1).

Right to refuse work

50.2(1) An employee may refuse an assignment of work on,

(a) a Sunday;

(b) New Year’s Day;

(c) Good Friday;

(d) Victoria Day;

(e) Canada Day;

(f) Labour Day;

(g) Thanksgiving Day;

(h) Christmas Day;

(i) December 26; or

(j) any public holiday declared by proclamation of the Lieutenant Governor to be a holiday for the purposes of the Retail Business Holidays Act.

Notice of refusal

(2) An employee who accepts an assignment of work on a day listed in subsection (1) may then refuse the assignment only upon giving the employer notice at least 48 hours before the first hour of the work on that day. 1996, c. 34, s. 3.

Prohibition

50.3No employer or person acting on behalf of an employer shall dismiss, threaten to dismiss, discipline, suspend, lay off, intimidate, coerce or impose a penalty on an employee,

(a) because the employee has refused, or attempted to refuse, an assignment of work if the employee is permitted to do so under section 50.2;

(b) because the employee seeks to enforce his or her rights under this Part; or

(c) because the employee,

(i) makes representations in respect of a proposed by-law under section 4 of the Retail Business Holidays Act at a public meeting under that section,

(ii) commences or participates in an appeal to the Ontario Municipal Board of a by-law made under section 4 of the Retail Business Holidays Act, or

(iii) commences or participates in a challenge in any court to a by-law made under section 4 of the Retail Business Holidays Act. 1991, c. 43, s. 2 (1); 1996, c. 34, s. 4.

Order by E.S.O.

51.(1) If an employer fails to comply with section 50.1 or contravenes section 50.3, an employment standards officer may order what action, if any, the employer shall take or what the employer shall refrain from doing in order to constitute compliance with the section and may make an order to reinstate or recall the employee with or without compensation or to compensate the employee in lieu of reinstatement or recall for loss of earnings or other employment benefits. 1993, c. 27, s. 4 (2).

Compensation

(2) When ordering the employer to compensate the employee, the employment standards officer shall determine the amount of the compensation. 1991, c. 43, s. 2 (1).

52.-56.REPEALED: 1991, c. 43, s. 2 (1).

PART XIII.1
COURT ORDERED PAYMENTS AND GARNISHMENT

Prohibition

56.1No employer or person acting on behalf of an employer shall,

(a) dismiss or threaten to dismiss an employee;

(b) discipline or suspend an employee;

(c) impose any penalty on an employee; or

(d) intimidate or coerce an employee,

because the employer is or may be required because of a court order or garnishment to pay to a third party any amount owing by the employer to the employee. 1991, c. 5, s. 14.

Employment standards officer may make order

56.2Where an employer contravenes section 56.1, an employment standards officer may order what action, if any, the employer shall take or what the employer shall refrain from doing in order to constitute compliance with section 56.1 and may make an order to reinstate in employment the employee concerned, with or without compensation, or to compensate the employee in lieu of reinstatement for loss of earnings or other employment benefits. 1993, c. 27, s. 4 (3).

PART XIII.2 (ss. 56.3-56.12) Repealed: 1995, c. 1, s. 73.

PART XIV
TERMINATION OF EMPLOYMENT

Notice of termination

57.(1) No employer shall terminate the employment of an employee who has been employed for three months or more unless the employer gives,

(a) one weeks notice in writing to the employee if his or her period of employment is less than one year;

(b) two weeks notice in writing to the employee if his or her period of employment is one year or more but less than three years;

(c) three weeks notice in writing to the employee if his or her period of employment is three years or more but less than four years;

(d) four weeks notice in writing to the employee if his or her period of employment is four years or more but less than five years;

(e) five weeks notice in writing to the employee if his or her period of employment is five years or more but less than six years;

(f) six weeks notice in writing to the employee if his or her period of employment is six years or more but less than seven years;

(g) seven weeks notice in writing to the employee if his or her period of employment is seven years or more but less than eight years;

(h) eight weeks notice in writing to the employee if his or her period of employment is eight years or more,

and such notice has expired. R.S.O. 1990, c. E.14, s. 57 (1); 1993, c. 27, Sched.

Idem

(2) Despite subsection (1), the notice required by an employer to terminate the employment of fifty or more employees in any period of four weeks or less shall be given in the manner and for the period prescribed in the regulations, and until the expiry of such notice the termination shall not take effect. R.S.O. 1990, c. E.14, s. 57 (2).

Termination when bankruptcy, etc.

(2.1) An employer shall be deemed to have terminated the employment of an employee if the employment is terminated by operation of law,

(a) as a result of the bankruptcy of the employer, whether or not it is the employer who initiates bankruptcy proceedings;

(b) as a result of the insolvency of the employer; or

(c) as a result of any operations of the employer being placed in receivership. 1995, c. 1, s. 74 (1).

Information to be given

(3) Where so prescribed, an employer who is required to give notice by subsection (2),

(a) shall provide to the Minister, in the prescribed form, such information as may be prescribed; and

(b) shall, on the first day of the statutory notice period, post in the employer’s establishment, in the prescribed form, such information as may be prescribed.

Posting

(4) The employer shall post the information required by clause (3) (b) in one or more conspicuous places in the employer’s establishment where it is most likely to come to the attention of the affected employees and the employer shall keep the information posted throughout the statutory notice period.

Idem

(5) The information required under subsection (3) may include,

(a) the economic circumstances surrounding the intended terminations;

(b) any consultations which have been or are proposed to take place with local communities or with the affected employees or their agent in connection with the terminations;

(c) proposed adjustment measures and the number of employees expected to benefit from each; and

(d) a statistical profile of the affected employees.

When notice is effective

(6) Despite subsection (2), the notice required under subsection (2) shall be deemed not to have been given until the date the completed form required under clause (3) (a) is received by the Minister.

Memorandum of date form received

(7) The Minister shall cause every form received in his or her office under clause (3) (a) to be endorsed with a memorandum of the date of its receipt.

Notice to employer

(8) Where the completed form required under clause (3) (a) has been received, the Minister shall cause a notice to that effect to be sent to the employer within two business days of such receipt.

Statement by Minister as to time

(9) A copy of the memorandum referred to in subsection (7) purporting to be certified by the Minister is, without proof of the signature of the Minister, evidence of the date the form was received. R.S.O. 1990, c. E.14, s. 57 (3-9).

Exceptions

(10) Subsections (1) and (2) do not apply to,

(a) an employee employed for a definite term or task;

(b) an employee who is temporarily laid off, as defined in the regulations;

(c) an employee who has been guilty of wilful misconduct or disobedience or wilful neglect of duty that has not been condoned by the employer;

(d) a contract of employment that is or has become impossible of performance or is frustrated by a fortuitous or unforeseeable event or circumstance; or

(e) an employee employed in an activity, business, work, trade, occupation or profession, or any part thereof, that is exempted by the regulations. R.S.O. 1990, c. E.14, s. 57 (10); 1993, c. 27, Sched.

Application of subss. (1), (2)

(11) Despite clause (10) (d), subsections (1) and (2) apply to an employee whose contract of employment is or has become impossible of performance or frustrated by an order, direction or notice made, given or issued against an employer under the Environmental Protection Act. R.S.O. 1990, c. E.14, s. 57 (11).

Duty of employer

(12) An employer who has terminated or who proposes to terminate the employment of employees shall, when required by the Minister for the purpose of facilitating the re-establishment of the employees in employment,

(a) participate in such actions or measures as the Minister may direct;

(b) participate in the establishment and work of a committee upon such terms as the Minister considers necessary; and

(c) contribute to the reasonable cost or expense of any committee referred to in clause (b) in such amount or proportion as the Minister directs. 1995, c. 1, s. 74 (2).

Exception

(12.1) Subsection (12) does not apply to an employer whose employees are deemed to have been terminated under subsection (2.1). 1995, c. 1, s. 74 (3).

Rate of wages, etc., not to be altered

(13) Where the notice referred to in subsection (1) or (2) has been given,

(a) no employer shall alter the rates of wages or any other term or condition of employment of any employee to whom notice has been given;

(b) an employer shall pay during the period of notice,

(i) the wages the employee is entitled to receive, which in no case shall be less than his or her regular wages for a regular non-overtime work week, and

(ii) those contributions to be made with respect to a fund, plan or arrangement to which Part X applies in order to maintain the benefits to which the employee is entitled; and

(c) upon the expiry of the notice, the employer shall pay to the employee any wages or vacation pay to which the employee is entitled.

Payments where employment terminated without notice

(14) Where the employment of an employee is terminated contrary to this section,

(a) the employer shall pay termination pay in an amount equal to the wages that the employee would have been entitled to receive at his or her regular rate for a regular non-overtime work week for the period of notice prescribed by subsection (1) or (2), and any wages to which the employee is entitled;

(b) the employer shall pay during the period of notice prescribed by subsection (1) or (2) those contributions to be made with respect to a fund, plan or arrangement to which Part X applies in order to maintain the benefits to which the employee is entitled during the period of notice; and

(c) the employee shall be deemed during the period of notice prescribed by subsection (1) or (2) to be actively employed on the same terms and conditions in existence during his or her employment for the purpose of entitlement to benefits under a plan, fund or arrangement to which Part X applies. R.S.O. 1990, c. E.14, s. 57 (13, 14).

Notice by employee

(15) An employee to whom notice has been given under subsection (2) shall not terminate his or her employment until after the expiry of,

(a) one weeks notice in writing to the employer if the period of employment is less than two years; or

(b) two weeks notice in writing to the employer if the period of employment is two years or more,

unless the employer has been guilty of a breach of the terms and conditions of employment. R.S.O. 1990, c. E.14, s. 57 (15); 1993, c. 27, Sched.

Employer’s contributions deemed wages

(16) Despite clause (d) of the definition of “wages” in section 1, the contributions to be made under subsection (13) or (14) with respect to a fund, plan or arrangement to which Part X applies shall, for the purposes of Part XV, be deemed to be wages to which an employee is entitled.

Entitlement to termination pay

(17) If an employee is temporarily laid off, as defined in the regulations, and the lay-off equals or exceeds thirty-five weeks in any period of fifty-two consecutive weeks, the employee shall be deemed no longer to be temporarily laid off and, if the employee has not been given notice of termination in accordance with this section, the employee is entitled to termination pay.

Application by trade union

(18) Where an employee who may be entitled to termination pay under subsection (17) is represented by a trade union, the trade union may apply to the Director in writing to extend the periods specified in subsection (17) and, if the application is approved by the Director, subsection (17) shall be read as if such longer periods were specified.

Election by employee

(19) An employee who is entitled to termination pay under subsection (17) and who has a right to be recalled for employment under the terms and conditions of employment may elect to be paid the termination pay forthwith or may elect to retain the right to be recalled.

Idem

(20) Where an employee elects under subsection (19) to be paid the termination pay forthwith, the employee shall be deemed to have abandoned the right to be recalled.

Where no election made

(21) Where an employee entitled to make an election under subsection (19) elects to maintain the right to be recalled or fails to make an election, the employer shall pay the termination pay to the Director in trust to be paid by the Director,

(a) to the employer, where the employee accepts employment made available under the right of recall and in such case the employee shall be deemed to have abandoned the right to termination pay; or

(b) to the employee in any case other than a case mentioned in clause (a) including the case where the employee renounces the right to be recalled and, upon payment, the employee shall be deemed to have abandoned the right to be recalled. R.S.O. 1990, c. E.14, s. 57 (16-21).

No offence

(22) An employer does not commit an offence under subsection 78 (1) when his, her or its employees are deemed to have been terminated under subsection (2.1) and the employer does not comply with subsection (14).

Same

(23) An officer, director or agent of a corporation or a person purporting to act in any such capacity does not commit an offence under subsection 79 (1) when the corporation is an employer whose employees are deemed to have been terminated under subsection (2.1) and the corporation does not comply with subsection (14). 1995, c. 1, s. 74 (4).

Definitions

58.(1) In this section,

“lay-off” means a period of at least one week in which an employee receives less than one-quarter of the wages he or she would earn at his or her regular rate in a regular non-overtime work week unless the employee,

(a) was not able to work or not available for work,

(b) was subject to disciplinary suspension, or

(c) was not provided with work by his or her employer by reason of any strike or lock-out occurring at his or her place of employment or elsewhere; (“mise à pied”)

“termination” means,

(a) a dismissal, including a constructive dismissal,

(b) a lay-off that is effected because of a permanent discontinuance of all of the employer’s business at an establishment, or

(c) a lay-off, including a lay-off effected because of a permanent discontinuance of part of the business of the employer at an establishment, that equals or exceeds thirty-five weeks in any period of fifty-two consecutive weeks,

and “terminated” has a corresponding meaning. (“licenciement”, “licencié”) R.S.O. 1990, c. E.14, s. 58 (1).

Termination when bankruptcy, etc.

(1.1) An employer shall be deemed to have terminated the employment of an employee and the termination shall be deemed to have been caused by the permanent discontinuance of all or part of the business of the employer at an establishment if the employment is terminated by operation of law,

(a) as a result of the bankruptcy of the employer, whether or not it is the employer who initiates bankruptcy proceedings;

(b) as a result of the insolvency of the employer; or

(c) as a result of any operations of the employer being placed in receivership. 1995, c. 1, s. 75 (1).

Severance pay

(2) Where,

(a) fifty or more employees have their employment terminated by an employer in a period of six months or less and the terminations are caused by the permanent discontinuance of all or part of the business of the employer at an establishment; or

(b) one or more employees have their employment terminated by an employer with a payroll of $2.5 million or more,

the employer shall pay severance pay to each employee whose employment has been terminated and who has been employed by the employer for five or more years. R.S.O. 1990, c. E.14, s. 58 (2); 1993, c. 27, Sched.

Where location deemed an establishment

(3) Where,

(a) there is a permanent discontinuance of all or part of the business of an employer at a location which is part of an establishment consisting of two or more locations; and

(b) fifty or more employees have their employment terminated in a period of six months or less because of the permanent discontinuance,

the location shall be deemed to be an establishment for the purpose of determining the rights of the employees employed at that location under this section. R.S.O. 1990, c. E.14, s. 58 (3); 1993, c. 27, Sched.

Amount of severance pay

(4) The severance pay to which an employee is entitled under this section shall be in an amount equal to the employee’s regular wages for a regular non-overtime work week multiplied by the sum of,

(a) the number of the employee’s completed years of employment; and

(b) the number of the employee’s completed months of employment divided by 12,

but shall not exceed twenty-six weeks regular wages for a regular non-overtime work week. R.S.O. 1990, c. E.14, s. 58 (4); 1993, c. 27, Sched.

Application

(5) Subsections (2), (3) and (4) apply to,

(a) a regular full-time employee and a regular part-time employee;

(b) an employee whose employment is terminated as a result of a strike or lock-out except where the employer establishes that the permanent discontinuance of all or part of the business at an establishment is caused by the economic consequences of the strike;

(c) an employee who is absent because of illness or injury, if the employee’s contract of employment has not become impossible of performance or been frustrated by that illness or injury;

(d) an employee who received or was entitled to receive notice of termination but who died before his or her employment was terminated or would have been terminated if notice of termination had been given;

(e) a permanent discontinuance of all or part of a business at an establishment however caused, whether fortuitous, unforeseen or by act of God;

(f) an employee who loses his or her employment by the exercise by another employee of a seniority right; and

(g) an employee who, upon having his or her employment terminated, retires and is entitled to receive a reduced pension benefit. R.S.O. 1990, c. E.14, s. 58 (5).

Exceptions

(6) Subsections (2), (3) and (4) do not apply to,

(a) an employee who refuses an offer by his or her employer of reasonable alternative employment with the employer;

(b) an employee who refuses to exercise his or her seniority rights to obtain reasonable alternative employment;

(c) an employee who has been guilty of wilful misconduct or disobedience or wilful neglect of duty that has not been condoned by the employer;

(d) an employee who, upon having his or her employment terminated, retires and receives an actuarially unreduced pension benefit;

(e) an employee whose employer is engaged in the construction, alteration, maintenance or demolition of buildings, structures, roads, sewers, pipelines, mains, tunnels or other works where the employee works at the site thereof; or

(f) an employee who is employed under an arrangement whereby the employee may elect to work or not when requested to do so. R.S.O. 1990, c. E.14, s. 58 (6); 1993, c. 27, Sched.

Severance pay in addition to other payment

(7) Severance pay under this section is payable to the employee in addition to any other payment under this Act or contract of employment without set-off or deduction, except for,

(a) supplementary unemployment benefits payable to and received by the employee; or

(b) payments made to the employee under a contractual severance pay scheme under which payments for loss of employment based upon length of service are provided. R.S.O. 1990, c. E.14, s. 58 (7); 1993, c. 27, Sched.; 1996, c. 23, s. 11.

Prior employment included

(8) Employment before the 1st day of January, 1981, shall be taken into account in calculating the years of employment of an employee to whom this section applies.

Employment not included

(9) A year of employment for which an employee has been paid severance pay shall be excluded in any subsequent calculation of severance pay for that employee. R.S.O. 1990, c. E.14, s. 58 (8, 9).

Sale of a business

(9.1) If an employer who sells a business within the meaning of section 13 purports to pay severance pay to an employee employed by the purchaser and if the amount paid at least equals the amount of severance pay to which the employee would have been entitled had he or she not been employed by the purchaser, the amount paid shall be treated as severance pay for the purposes of subsection (9).

Same

(9.2) Subsection (9.1) applies with respect to payments made before or after that subsection comes into force. 1997, c. 21, s. 3 (2).

Election by employee

(10) Where an employee who is entitled to severance pay under this section has a right to be recalled for employment under the terms and conditions of employment, the employee may elect to be paid the severance pay forthwith or may elect to maintain the right to be recalled.

Effect of election to accept severance pay

(11) Where the employee elects under subsection (10) to be paid the severance pay forthwith, the employee shall be deemed to have abandoned the right to be recalled.

Effect of election to maintain right to recall

(12) Where the employee elects to maintain the right to be recalled or fails to make an election, the employer shall pay the severance pay to the Director in trust to be paid by the Director,

(a) to the employer, where the employee accepts employment made available under the right of recall and in such case the employee shall be deemed to have abandoned the right to severance pay; or

(b) to the employee in any case other than a case mentioned in clause (a), including the case where the employee renounces the right to be recalled, and, upon payment, the employee shall be deemed to have abandoned the right to be recalled.

Where employee resigns

(13) Where an employee who receives notice of termination resigns from employment during the statutory notice period and provides the employer with at least two weeks written notice of resignation, the employee shall,

(a) where the employee has been given notice of termination because of the permanent discontinuance of all of the employer’s business at an establishment, be deemed to have had his or her employment terminated by the employer on the date the notice of termination was to have taken effect; and

(b) in any other case, be deemed to have been laid off by the employer commencing on the date the notice of termination was to have taken effect.

Calculation of severance pay

(14) The amount of severance pay for an employee who is entitled to severance pay under subsection (13) shall be calculated on the employee’s length of employment up to the date on which his or her notice of resignation takes effect.

Instalment payments

(15) Despite subsections (2) and (12) and section 7, where the Minister so recommends, the Director may, on an application by the employer, approve the employer’s plan to pay severance pay by instalment and, where such approval has been given, the employer shall be deemed to have complied with subsections (2) and (12) and section 7.

Where employer fails to comply with plan

(16) Where an employer fails to comply with the approved plan and the Director does not approve another instalment plan within thirty days of such failure, all unpaid severance pay shall be deemed to have become due and payable on the date the Director approved the original instalment plan.

Maximum period for payment of instalments

(17) No instalment plan shall extend payment of severance pay for a period longer than three years from the date on which such severance pay became due and payable.

Where agreements made by trade union

(18) Despite section 3, where an employee who is entitled to severance pay under this section is represented by a trade union, the trade union may enter into an agreement with the employer which includes a settlement of all severance pay claims, in which case this section does not apply.

Director to be notified

(19) The parties to an agreement under subsection (18) shall forthwith notify the Director in writing.

Proceedings terminated

(20) Where there is an agreement under subsection (18), any proceeding under section 68 or 69 to determine severance pay is terminated with regard to the employees represented by the trade union. R.S.O. 1990, c. E.14, s. 58 (10-20).

Failure to pay severance pay

(21) If a trade union has entered into a settlement agreement under subsection (18) and the employer does not pay the severance pay agreed to or the trade union demonstrates that the agreement was made as the result of fraud or coercion, an employment standards officer may make an order under section 65 as to what action, if any, the employer shall take and may make an order to compensate the employee for the severance pay that is owed.

Calculation of severance pay

(22) For purposes of subsection (21), the amount of severance pay an employee is entitled to in an order under section 65 is the amount as calculated under subsection (4) or as negotiated in the collective agreement, whichever is the greater. 1991, c. 16, s. 4.

No offence

(23) An employer does not commit an offence under subsection 78 (1) when his, her or its employees are deemed to have been terminated under subsection (1.1) and the employer does not comply with subsection (2).

Same

(24) An officer, director or agent of a corporation or a person purporting to act in any such capacity does not commit an offence under subsection 79 (1) when the corporation is an employer whose employees are deemed to have been terminated under subsection (1.1) and the corporation does not comply with subsection (2). 1995, c. 1, s. 75 (2).

PART XIV.1
EMPLOYEE WAGE PROTECTION PROGRAM (DISCONTINUED)

Program discontinued

58.1The Employee Wage Protection Program is discontinued on the day that subsection 3 (3) of the Public Sector Transition Stability Act, 1997 comes into force. 1997, c. 21, s. 3 (3).

Continued application of old Part

58.2(1) Despite section 58.1, Part XIV.1 and the regulations relating to that Part, as that Part and the regulations read immediately before the Program is discontinued, continue to apply with respect to wages that become due and owing before the Program is discontinued. 1997, c. 21, s. 3 (3).

Modifications to certain references

(2) For the purposes of this section, the following apply with respect to Part XIV.1 and the regulations relating to that Part, as that Part and the regulations read immediately before the Program is discontinued:

1. Provisions with references relating to adjudicators acting under section 67 (as that section read immediately before the Program is discontinued) or referees acting under section 68 (as that section read immediately before the Program is discontinued) shall also apply, with necessary modifications, as though those references related to the Board acting under section 68.

2. Provisions with references relating to referees acting under section 69 (as that section read immediately before the Program is discontinued) shall also apply, with necessary modifications, as though those references related to the Board acting under section 69. 1998, c. 8, s. 26.

Program Administrator continues

58.3The Program Administrator appointed under subsection 58.2 (1) as it read immediately before the Program is discontinued shall continue in office for the purposes of section 58.2. 1997, c. 21, s. 3 (3).

Continued powers of collectors

58.4Section 73.0.2 applies with respect to the powers of the Program Administrator under section 58.14 as it read immediately before the Program is discontinued. 1997, c. 21, s. 3 (3).

58.5-58.18Repealed: 1997, c. 21, s. 3 (3).

PART XIV.2
LIABILITY OF DIRECTORS

Definition

58.19(1) In this Part,

“director” means a director of a corporation and includes a shareholder who is a party to a unanimous shareholder agreement.

Application

(2) This Part applies to shareholders described in subsection (1) only to the extent that the directors are relieved, under subsection 108 (5) of the Business Corporations Act or subsection 146 (5) of the Canada Business Corporations Act, of their liability to pay wages to the employees of the corporation.

Idem

(3) This Part does not apply to directors of corporations to which Part III of the Corporations Act applies or to which the Co-operative Corporations Act applies.

Idem

(4) This Part does not apply to directors, or persons who perform functions similar to those of a director, of a college of a health profession or a group of health professions that is established or continued under an Act of the Legislature.

Idem

(5) This Part does not apply to directors of corporations,

(a) that have been incorporated in another jurisdiction;

(b) that have objects that are similar to the objects of those types of corporations referred to in subsection (3); and

(c) that are carried on without the purpose of gain. 1991, c. 16, s. 6.

Liability of directors

58.20(1) The directors of an employer are jointly and severally liable for wages as provided in this Part if,

(a) where an employer is insolvent, the employee has caused a claim for unpaid wages to be filed with the receiver appointed by a court with respect to the employer or with the employer’s trustee in bankruptcy and the claim has not been paid;

(b) an employment standards officer has made an order that the employer is liable for wages, unless the amount set out in the order has been paid or the employer has applied to have it reviewed;

(c) an employment standards officer has made an order that a director is liable for wages, unless the amount set out in the order has been paid or the employer or the director has applied to have it reviewed;

(d) an adjudicator or referee described in subsection (1.1) has made, amended or affirmed an order and the order, as made, amended or affirmed, orders that the employer is liable for wages or that the directors are liable for wages and the amount set out in the order has not been paid; or

(e) the Board has issued, amended or affirmed an order under section 68 or 69, the order, as issued, amended or affirmed, requires the employer or the directors to pay wages and the amount set out in the order has not been paid. 1991, c. 16, s. 6; 1998, c. 8, s. 27 (1).

Adjudicators and referees

(1.1) The following apply with respect to clause (1) (d):

1. An adjudicator referred to in clause (1) (d) is an adjudicator acting under subsection 67 (3) as it read before section 38 of the Economic Development and Workplace Democracy Act, 1998 came into force, including an adjudicator acting under that subsection as it is continued under section 48 of the Economic Development and Workplace Democracy Act, 1998.

2. A referee referred to in clause (1) (d) is a referee acting under section 68 as it read before section 39 of the Economic Development and Workplace Democracy Act, 1998 came into force or section 69 as it read before section 40 of the Economic Development and Workplace Democracy Act, 1998 came into force, including a referee acting under either of those sections as they are continued under section 48 of the Economic Development and Workplace Democracy Act, 1998. 1998, c. 8, s. 27 (2).

Employer primarily responsible

(2) Despite subsection (1), the employer is primarily responsible for an employee’s wages but proceedings against the employer under this Act do not have to be exhausted before proceedings may be commenced to collect wages from directors under this Part.

Wages

(3) The wages that directors are liable for under this Part are wages, not including termination pay and severance pay as they are provided for under this Act, under a contract of employment, or under a collective agreement and not including amounts that are deemed to be wages under this Act.

Vacation pay

(4) The vacation pay that directors are liable for is the greater of the minimum vacation pay provided in subsection 28 (2) and the amount contractually agreed to by the employer and the employee or his or her agent.

Holiday pay

(5) The amount of holiday pay that directors are liable for is the greater of the amount for the holidays at the rate as determined under this Act and the regulations and the amount for the holidays at the rate as contractually agreed to by the employer and the employee or his or her agent.

Overtime wages

(6) The overtime wages that directors are liable for are the greater of the amount of overtime pay provided in section 24 and the amount contractually agreed to by the employer and the employee or his or her agent.

Directors’ maximum liability

(7) The directors of an employer corporation are jointly and severally liable to the employees of the corporation for all debts not exceeding six months’ wages, as described in subsection (3), that become payable while they are directors for services performed for the corporation and for the vacation pay accrued while they are directors for not more than twelve months under this Act and the regulations made under it or under any collective agreement made by the corporation. 1991, c. 16, s. 6.

Interest

(8) A director is liable to pay interest, at the rate and calculated in the manner determined by the Director under section 61.1, on outstanding wages for which the director is liable. 1998, c. 8, s. 27 (3).

Contribution from other directors

(9) A director who has satisfied a claim for wages is entitled to contribution in relation to the wages from other directors who are liable for the claim. 1991, c. 16, s. 6.

Liability for settlements

58.21(1) Directors are liable to the Program Administrator of the Employee Wage Protection Program for compensation awarded under section 58.7, as it read immediately before subsection 3 (3) of the Public Sector Transition Stability Act, 1997 came into force, to the extent and in the circumstances described in this section. 1997, c. 21, s. 3 (4).

Idem

(2) A director shall be liable for wages, as described in subsection 58.20 (3), to the extent of the settlement or compromise unless,

(a) at the time of or after the settlement or compromise, the employer becomes insolvent and the director knew or ought to have known of the insolvency when the settlement or compromise was agreed to; or

(b) the settlement or compromise was made as the result of fraud or coercion on the part of the employer and the director knew or ought to have known of it.

Determination of liability

(3) A director shall only be held liable for an amount in excess of the settlement or compromise when, on the grounds set out in subsection (2), an employment standards officer makes an order assessing such greater amount.

Maximum liability

(4) Nothing in this section increases the maximum liability of a director under this Act beyond the amounts set out in subsections 58.20 (7) and (8). 1991, c. 16, s. 6.

Orders: when order against employer

58.22 (1) If an employment standards officer makes an order against an employer under section 65 that wages be paid, he or she may make an order to pay wages, as described in subsection 58.20 (3), against some or all of the directors of the employer and may serve a copy of the order on them together with a copy of the order to pay against the employer. 1991, c. 16, s. 6.

(2)-(4) REPEALED: 1998, c. 8, s. 28 (1).

Effect of order

(5) If the directors do not comply with the order or do not apply to have it reviewed, the order becomes final and binding against those directors even though a review hearing is held to determine another person’s liability under this Act.

Orders: insolvent employer

(6) If an employer is insolvent and the employee has caused a claim for unpaid wages to be filed with the receiver appointed by a court with respect to the employer or with the employer’s trustee in bankruptcy, and the claim has not been paid, the employment standards officer may issue an order to pay wages as described in subsection 58.20 (3) against some or all of the directors and shall serve it on them. 1991, c. 16, s. 6.

Procedure

(7) Subsection (5) applies with necessary modifications to an order made under subsection (6). 1998, c. 8, s. 28 (2).

Maximum liability

(8) Nothing in this section increases the maximum liability of a director beyond the amounts set out in subsections 58.20 (7) and (8). 1991, c. 16, s. 6.

Orders after order against employer

58.23(1) An employment standards officer may make an order to pay wages as described in subsection 58.20 (3) against some or all of the directors of an employer who were not the subject of an order under subsection 58.22 (1) or (6), and may serve it on them,

(a) after an employment standards officer has made an order against the employer under section 65 that wages be paid and they have not been paid and the employer has not applied to have the order reviewed;

(b) after an employment standards officer has made an order against directors under subsection 58.22 (1) or (6) and the amount has not been paid and the employer or the directors have not applied to have it reviewed;

(c) after an adjudicator or referee described in subsection (2) has made, amended or affirmed an order if the order, as made, amended or affirmed, orders that the employer is liable for wages or that the directors are liable for wages and the amount set out in the order has not been paid; or

(d) after the Board has issued, amended or affirmed an order under section 68 or 69 if the order, as issued, amended or affirmed, requires the employer or the directors to pay wages and the amount set out in the order has not been paid. 1991, c. 16, s. 6; 1998, c. 8, s. 29 (1).

Adjudicators and referees

(2) The following apply with respect to clause (1) (c):

1. An adjudicator referred to in clause (1) (c) is an adjudicator acting under subsection 67 (3) as it read before section 38 of the Economic Development and Workplace Democracy Act, 1998 came into force including an adjudicator acting under that subsection as it is continued under section 48 of the Economic Development and Workplace Democracy Act, 1998.

2. A referee referred to in clause (1) (c) is a referee acting under section 68 as it read before section 39 of the Economic Development and Workplace Democracy Act, 1998 came into force or section 69 as it read before section 40 of the Economic Development and Workplace Democracy Act, 1998 came into force, including a referee acting under either of those sections as they are continued under section 48 of the Economic Development and Workplace Democracy Act, 1998. 1998, c. 8, s. 29 (2).

(3)-(8) REPEALED: 1998, c. 8, s. 29 (2).

Payment to Director

58.24 At the discretion of the Director, a director who is subject to an order under section 58.22 or 58.23 may be ordered to pay the wages in trust to the Director. 1991, c. 16, s. 6.

Conflict in limitation periods

58.25(1) A limitation period set out in section 82 or 82.1 prevails over a limitation period in any other Act, unless the other Act states that it is to prevail over this Act. 1996, c. 23, s. 13.

Assignment of judgment

(2) If a judgment has been obtained against the employer or a certificate has been filed under section 73, a director from whom the Program Administrator has recovered is entitled to an assignment of the judgment or certificate to the extent of the amount that has been recovered from that director after the Employee Wage Protection Program and the employees have fully recovered the wages that were owed. 1991, c. 16, s. 6.

Manner of service

58.26 (1) A director may be served by mail addressed to his or her last known address or may be served personally. 1996, c. 23, s. 14.

Board consideration

(2) If the document that was mailed under subsection (1) is returned and the director is not served personally, the Director may direct the Board to consider the manner of service.

Powers of Board

(3) The Board may order that service be effected in such manner as it considers appropriate in the circumstances. 1998, c. 8, s. 30.

Offence

58.27Any director who fails to comply with an order of an employment standards officer and who has not applied for a review of it or who fails to comply with an order of the Board under this Act is guilty of an offence and is liable on conviction to a fine not exceeding $50,000. 1991, c. 16, s. 6; 1998, c. 8, s. 31.

No contracting

58.28(1) No provision in a contract, in the articles of incorporation or the by-laws of a corporation or in a resolution of a corporation relieves a director from the duty to act according to this Act or relieves him or her from liability for breach of it.

Indemnification of directors

(2) An employer may indemnify a director, a former director and the heirs or legal representatives of a director or former director against all costs, charges and expenses, including an amount paid to satisfy an order under this Act or paid in respect of a certificate issued under this Act, reasonably incurred by the director in respect of any civil or administrative action or proceeding to which he or she is a party by reason of being or having been a director of the employer if,

(a) he or she has acted honestly and in good faith with a view to the best interests of the employer; and

(b) in the case of a proceeding or action that is enforced by a monetary penalty, he or she had reasonable grounds for believing that his or her conduct was lawful. 1991, c. 16, s. 6.

Civil remedies protected

58.29No civil remedy that a person may have against a director or that a director may have against any person is suspended or affected by this Part. 1991, c. 16, s. 6.

PART XV
ADMINISTRATION

Minister responsible for administration

59.(1) The Minister is responsible for the administration of this Act.

Director to be appointed

(2) The Minister shall appoint a person to be the Director of Employment Standards for the purposes of the general administration of this Act and the regulations including the supervision and direction of employment standards officers.

Appointment of employment standards officers

(3) Such persons as are considered necessary to enforce this Act and the regulations may be appointed as employment standards officers under the Public Service Act.

Acting Director

(4) Where the Director is absent or unable to act or where the office is vacant, the powers and duties of the Director shall be exercised and performed by an employee of the Ministry designated by the Minister. R.S.O. 1990, c. E.14, s. 59.

Delegation

(5) The Minister may delegate in writing to any person any of the Minister’s powers or duties under this Act subject to any limitation or condition set out in the delegation. 1992, c. 21, s. 61.

60.REPEALED: 1998, c. 8, s. 32.

60.1REPEALED: 1998, c. 8, s. 33.

Powers and duties of Director

61.(1) The Director may exercise the powers conferred and shall perform the duties imposed upon the Director under this Act.

Authority to exercise power

(2) The Director may authorize an employment standards officer orally or in writing to exercise a power conferred upon the Director under this Act.

Powers and duties of employment standards officer

(3) An employment standards officer may exercise the powers conferred and shall perform the duties imposed upon him or her under this Act. R.S.O. 1990, c. E.14, s. 61.

Determination of rates of interest

61.1(1) The Director may, with the approval of the Minister, determine the rate of interest and the manner of calculating interest for the purposes of sections 58.20, 68, 69 and 70.

Determinations not regulations

(2) Determinations by the Director under subsection (1) are not regulations within the meaning of the Regulations Act. 1998, c. 8, s. 34.

Certificate of appointment

62.(1) The Deputy Minister shall issue a certificate of appointment bearing his or her signature or a facsimile thereof to every employment standards officer.

Production of certificate

(2) Every employment standards officer, in the exercise of any of his or her powers or the performance of any of his or her duties under this Act, shall produce his or her certificate of appointment upon request. R.S.O. 1990, c. E.14, s. 62.

Powers of employment standards officer

63.(1) An employment standards officer may, for the purpose of ensuring that the provisions of this Act and the regulations are being complied with,

(a) subject to subsection (2), enter in or upon the lands or premises of a person at any reasonable time or times without a warrant for the purpose of carrying out an inspection, audit or examination;

(b) require the production for inspection, audit or examination of all books of account, vouchers, records, letters patent, by-laws, minutes of directors’ meetings or documents that are or may be relevant to the inspection, audit or examination;

(c) upon giving a receipt therefor, remove any books, papers, records or documents examined under clause (b) for the purpose of making copies or extracts of such books, papers, documents or things, but such copying shall be carried out with reasonable dispatch and the books, papers, records or documents shall be promptly returned thereafter to the person who produced or furnished them;

(c.1) in the case of a book, record or document kept in electronic form, require the person who produces or furnishes it to give a copy of it on paper to the officer;

(c.2) in the case of a book, record or document kept in electronic form, require the person who produces or furnishes it to copy it to a machine-readable medium provided by the officer or, if the person prefers, to a machine-readable medium provided by the person;

(d) make any inquiries of any person separate or apart from another person that are or may be relevant to the inspection, audit or examination. R.S.O. 1990, c. E.14, s. 63 (1); 1996, c. 23, s. 15 (1).

Entry into dwelling

(2) No employment standards officer shall enter any room or place actually being used as a dwelling without the consent of the occupier except under the authority of a search warrant issued under section 158 of the Provincial Offences Act.

Employment standards officer not competent or compellable as witness

(3) No employment standards officer is a competent or compellable witness in a civil suit or proceeding respecting any information, material or statements acquired, furnished, obtained, made or received under the powers conferred under this Act except for the purposes of carrying out his or her duties under this Act. R.S.O. 1990, c. E.14, s. 63 (2, 3).

Production of documents

(4) No employment standards officer shall be compelled in a civil suit or proceeding to produce anything he or she has obtained, received or made under the Act except for the purposes of carrying out his or her duties under the Act. 1996, c. 23, s. 15 (2).

Obstruction

64.(1) No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an employment standards officer in the exercise of a power or the performance of a duty under this Act.

Assistance to officer

(2) Every person shall furnish all necessary means in his power to facilitate any entry, production, inspection, audit, examination or inquiry by an employment standards officer in the exercise of a power or the performance of a duty under this Act.

Production of records

(3) No person shall neglect or refuse to produce all books, ledgers, vouchers, records, letters patent, minutes of directors’ meetings or documents that are or may be relevant to an inspection, audit or examination. R.S.O. 1990, c. E.14, s. 64.

Wages

64.1Despite clause (d) of the definition of “wages” in section 1, payments described in clause 58.1 (2) (d) shall, for the purposes of this Part, be deemed to be wages. 1991, c. 16, s. 8.

Form for complaints

64.1.1(1) A complaint filed under the Act must be in a written or electronic form approved by the Director.

Effect of non-compliance

(2) A complaint that does not comply with subsection (1) shall be deemed not to have been filed. 1996, c. 23, s. 16.

Meeting with officer

64.2(1) Following a complaint against an employer under this Act, an employment standards officer may require the complainant and the employer or a director, officer or employee of the employer to attend a meeting with the employment standards officer upon 15 days written notice.

Documents

(2) The notice may require that the person bring the documents specified in the notice.

Delivery of notice

(3) The notice may be delivered personally, by registered mail addressed to the person’s last known business or residential address or by telephone transmission of a facsimile of the notice if the person is equipped to receive such transmissions.

Same

(4) A notice delivered after 5 p.m. by telephone transmission of a facsimile shall be deemed to have been delivered on the following day.

Compliance

(5) A person to whom a notice is delivered shall comply with it. 1994, c. 27, s. 119 (1).

Civil action not permitted

64.3(1) Subject to subsection (4), an employee who files a complaint under the Act in respect of any of the following matters is not entitled to commence a civil action seeking a remedy for the same matter:

1. Wages owing to the employee.

2. A failure to comply with section 13.1.

3. A failure to comply with a provision of Part X.

Same, wrongful dismissal

(2) Subject to subsection (4), an employee is not entitled to commence a civil action for wrongful dismissal if he or she files a complaint alleging an entitlement to termination pay or severance pay relating to the same termination of employment.

Same, excess amount

(3) The employee is not entitled to commence a civil action in the circumstances described in subsection (1) or (2) even if the amount owing to the employee is greater than the amount for which an order can be made under the Act.

Effect of withdrawing complaint

(4) An employee is entitled to commence a civil action respecting a matter described in subsection (1) or (2) if the employee withdraws his or her complaint under the Act within two weeks after it is filed.

Non-application

(5) This section does not apply with respect to complaints that are filed before this section comes into force. 1996, c. 23, s. 17.

Enforcement where civil action commenced

64.4(1) An employee who commences a civil action seeking a remedy for any of the following matters is not entitled to file a complaint under the Act for the same matter:

1. Wages owing to the employee.

2. A failure to comply with section 13.1.

3. A failure to comply with a provision of Part X.

Same, wrongful dismissal

(2) An employee who commences a civil action for wrongful dismissal is not entitled to file a complaint under the Act alleging an entitlement to termination pay or severance pay relating to the same termination of employment.

Non-application

(3) This section does not apply with respect to civil actions commenced before this section comes into force. 1996, c. 23, s. 17.

Enforcement where collective agreement

64.5(1) If an employer enters into a collective agreement, the Act is enforceable against the employer with respect to the following matters as if it were part of the collective agreement:

1. A contravention of or failure to comply with the Act that occurs when the collective agreement is in force.

2. A contravention of or failure to comply with the Act that occurs while the operation of the collective agreement is continued as described in subsection 58 (2) of the Labour Relations Act, 1995.

3. A contravention of or failure to comply with the Act that occurs during the period described in subsection 86 (1) of the Labour Relations Act, 1995 during which the employer and the trade union are prohibited from changing terms and conditions of employment without each other’s consent.

Complaint not permitted

(2) An employee to whom a collective agreement applies (including an employee who is not a member of the trade union) is not entitled to file or maintain a complaint under the Act.

Exception

(3) Despite subsection (2), the Director may permit an employee to file or maintain a complaint under the Act if the Director considers it appropriate in the circumstances.

Employee bound

(4) An employee to whom a collective agreement applies (including an employee who is not a member of the trade union) is bound by a decision of the trade union with respect to the enforcement of the Act under the collective agreement, including a decision not to seek the enforcement of the Act. 1996, c. 23, s. 18.

Same

(5) Subsection (4) does not prevent an employee from making a complaint to the Board that a decision of the trade union with respect to the enforcement of this Act contravenes section 74 of the Labour Relations Act, 1995. 1996, c. 23, s. 18; 1998, c. 8, s. 35 (1).

Powers of arbitrator

(6) An arbitrator, a board of arbitration or the Board acting under section 133 of the Labour Relations Act, 1995 may make the following orders when determining a grievance alleging a contravention of this Act or failure to comply with it:

1. Any order that an employment standards officer is authorized to make under subsection 13.1 (14) or section 45, 48, 51, 56.2, 58.22, 58.23 or 65.

2. An order that the Board is authorized to make under subsection 69 (2) or 70 (2). However, an order under this paragraph may be made only if the grievance alleges that subsection 33 (2) has been contravened or that an act, agreement, arrangement or scheme is intended to defeat or defeats the true intent and purpose of this Act either directly or indirectly. 1996, c. 23, s. 18; 1998, c. 8, s. 35 (2-4).

Same, directors of employer

(7) If a director of the employer to whom the collective agreement applies is liable under Part XIV.2 for wages owing under the agreement, an order authorized by subsection (6) may be made against the director. However, no order may be made against a director unless he or she has been given reasonable notice of the arbitration proceedings and an opportunity to participate in them.

Restriction re directors

(8) An order shall not require a director to pay an amount or take or refrain from taking an action under the collective agreement that the director could not be ordered to pay, take or refrain from taking under the Act in the absence of the collective agreement.

Same

(9) An order authorized by subsection (6) may be made for an amount greater than is permitted under subsection 65 (1.3) or less than is permitted under subsection 65 (1.5).

Exception

(10) An order authorized by subsection (6) must not require that payment be made to the Director in trust. 1996, c. 23, s. 18.

No review

(11) An order or a refusal to issue an order authorized by subsection (6) is not subject to review under section 68. 1998, c. 8, s. 35 (5).

Notice to Director

(12) The arbitrator, board of arbitration or Ontario Labour Relations Board shall give a copy of his, her or its decision to the Director.

Service on directors of employer

(13) Subsections 58.26 (2) and (3) do not apply with respect to the service of an order on a director of the employer. 1996, c. 23, s. 18.

Status of order

(14) An order authorized by subsection (6) shall be deemed, for the purposes of section 58.2, to have been made by an employment standards officer. 1997, c. 21, s. 3 (5).

Non-application

(15) This section does not apply with respect to a complaint relating to a contravention of the Act or a failure to comply with the Act that occurs before the day on which section 20 of the Employment Standards Improvement Act, 1996 comes into force. 1996, c. 23, s. 18.

Arbitration re: related employers

64.6(1) This section applies if, during an arbitration concerning the enforcement of the Act under section 64.5 other than an arbitration conducted by the Board, an issue arises as to whether the employer to whom the collective agreement applies and another entity are one employer under subsection 12 (1).

Restriction

(2) The arbitrator or arbitration board shall not make a decision concerning the issue arising under subsection 12 (1).

Reference to Board

(3) The arbitrator or board shall refer the issue arising under subsection 12 (1) to the Board by giving the Board notice unless the arbitrator or board determines that there has been no contravention of or failure to comply with the Act.

Content of notice

(4) The notice referring the issue to the Board shall be in writing and shall,

(a) indicate that an issue has arisen as to whether the employer to whom the collective agreement applies and another entity are one employer under subsection 12 (1); and

(b) indicate the decisions made by the arbitrator or board on the other matters in dispute.

Decision by Board

(5) The Board shall decide the issue as to whether the employer and the other entity are one employer under subsection 12 (1) but the Board shall not vary any decision of the arbitrator or board concerning the other matters in dispute.

Orders

(6) The Board may make an order against the employer and, if it finds that the employer and another entity are one employer under subsection 12 (1), it may make an order against the entity.

Application of other provisions

(7) Subsections 64.5 (6) to (13) apply, with necessary modifications, with respect to issues referred to the Board under this section.

Same

(8) If it is determined that the employer and another entity are one employer, no order shall require the entity to pay an amount or to take or refrain from taking an action under the collective agreement that the entity could not be ordered to pay, take or refrain from taking under the Act in the absence of the collective agreement. 1998, c. 8, s. 36.

(9)-(11) REPEALED: 1998, c. 8, s. 36.

Effect under other Acts, etc.

(12) A determination under subsection 12 (1) that the employer and another entity are one employer does not make them one employer for the purposes of any other Act or a collective agreement. 1996, c. 23, s. 18.

Powers when wages owing

65.(1) This section applies if an employment standards officer finds that an employee is entitled to wages from an employer.

Direct payment

(1.1) The employment standards officer may arrange with the employer that the employer pay the wages owing to the employee directly to the employee.

Order

(1.2) The employment standards officer may order the employer,

(a) to pay the wages owing to the employee to the Director in trust; and

(b) to pay an amount equal to the greater of $100 or 10 per cent of the wages to the Director for administrative costs.

Maximum amount

(1.3) The employment standards officer shall not make an order for an amount of wages greater than $10,000 in respect of one employee.

Exception

(1.4) Subsection (1.3) does not apply with respect to the following:

1. An order, or part of an order, relating to a failure to comply with a provision of Part XI, a contravention of Part XII, a failure to comply with section 50.1 or a contravention of section 50.3 or 56.1.

2. An order, or part of an order, to pay termination pay or severance pay in connection with a contravention of or failure to comply with a provision described in paragraph 1.

Minimum amount

(1.5) The employment standards officer shall not make an order for an amount of wages in respect of one employee that is less than such amount as may be prescribed.

Same

(1.6) Subsection (1.5) does not apply in the case of an order respecting more than one employee,

(a) if the total amount of wages payable under the order is greater than the amount prescribed under subsection (1.5); and

(b) if the wages become due to each employee by virtue of the same provision of the Act or the same provision of the employment contract.

Non-application

(1.7) Subsections (1.2) to (1.6) do not apply with respect to wages that become due to the employee before the day on which subsection 19 (1) of the Employment Standards Improvement Act, 1996 comes into force. 1996, c. 23, s. 19 (1).

Contents of order

(2) The order shall contain or have attached thereto information indicating the nature of the amount to be paid to an employee. R.S.O. 1990, c. E.14, s. 65 (2); 1996, c. 23, s. 19 (2).

Idem

(3) The order may direct an employer to pay wages to one or more employees entitled to them because of the employer’s failure to comply with one or more contracts of employment or with this Act and the regulations. R.S.O. 1990, c. E.14, s. 65 (3); 1996, c. 23, s. 19 (3).

Service of order

(4) The order must be served upon the employer either by mail addressed to the employer’s last known address or,

(a) if the employer is an individual, personally upon him or her; and

(b) if the employer is a corporation, personally upon an officer of the corporation or a person in charge of any branch of the corporation.

Proof of service

(5) A certificate of the Director is evidence of the issuance, service and receipt of an order if, in the certificate, the Director certifies that the order was served and states the method of service used and if the certificate has a true copy of the order attached to it. 1996, c. 23, 19 (4).

Compliance with order

(6) Every employer to whom an order is issued under subsection (1) shall comply with it in accordance with its terms. R.S.O. 1990, c. E.14, s. 65 (6).

Effect of order

(7) If an employer fails to apply under section 68 for a review of an order issued by an employment standards officer, the order becomes final and binding against the employer even though a review hearing is held to determine another person’s liability under this Act. 1991, c. 16, s. 9 (2).

Payment following settlement

65.1(1) If a person agrees to a compromise or settlement respecting money owed to him or her under the Act, an employment standards officer may accept money on the person’s behalf that is paid as a result of the compromise or settlement.

Failure to pay

(2) An employment standards officer may make an order under subsection 65 (1.2) if an employee agrees to a compromise or settlement relating to wages owed to him or her and,

(a) the employer does not pay the amount agreed upon; or

(b) the employee demonstrates that the compromise or settlement was entered into as a result of the employer’s fraud or coercion. 1996, c. 23, s. 20.

Payment to Director in trust

66.(1) Where an employer has made an arrangement with an employment standards officer for the payment of wages to an employee under subsection 65 (1.1), or an employment standards officer has received wages from an employer for or on behalf of an employee under subsection 65.1 (1), and the employee cannot be conveniently located, the employer shall pay the wages to the Director in trust. R.S.O. 1990, c. E.14, s. 66 (1); 1996, c. 23, s. 21.

Wages to be held in trust

(2) Where wages have been received or collected for or on behalf of an employee by the Director in trust and the employee cannot be located, the wages shall be vested in Her Majesty but may, without interest, be paid out to the employee, the employee’s estate or such other person as the Director considers is entitled to the wages. 1998, c. 8, s. 37.

Order may be refused

67.(1) If, after an employee files a complaint, an employment standards officer finds that an employer has paid the wages to which an employee is entitled or has found that the employee has no other entitlements or that there are no actions which the employer is to do or is to refrain from doing in order to be in compliance with this Act, the officer may refuse to issue an order to an employer and upon refusing to do so shall advise the employee of the refusal by prepaid letter addressed to the employee at his or her last known address. R.S.O. 1990, c. E.14, s. 67 (1); 1991, c. 16, s. 10 (1); 1996, c. 23, s. 22 (1).

Deemed refusal to issue order

(2) An employment standards officer shall be deemed to have refused to issue an order to the employer if a proceeding is not otherwise commenced within two years after the facts upon which the deemed refusal is based first come to the knowledge of the Director. The refusal shall be deemed to have occurred on the day before the two-year period expires. 1996, c. 23, s. 22 (2).

(2.1)-(2.3) REPEALED: 1998, c. 8, s. 38 (1).

(3)-(7) REPEALED: 1998, c. 8, s. 38 (2).

Reviews

68.(1) A person who considers himself, herself or itself aggrieved by an order made under subsection 13.1 (14) or section 45, 48, 51, 56.2, 58.22, 58.23 or 65 or by the refusal of an employment standards officer to issue such an order may apply to the Board for a review of the order or refusal.

Restriction

(2) A person may not apply for a review of a refusal to issue an order against a director.

Application deadline

(3) An application for a review must be made,

(a) in the case of an application for a review of an order, within 45 days after the date of the order;

(b) in the case of an application for a review of a refusal to issue an order, within 45 days after the date of the letter advising of the refusal or the date on which the refusal was deemed to have occurred under subsection 67 (2).

Extension of time for applying

(4) Subject to subsection (5), the Board may extend the time for applying for a review if it considers it appropriate to do so.

Restriction on extension re: orders to pay

(5) In the case of an order that requires the payment of money to the Director in trust, the Board may not extend the time for applying for a review if the Director has paid the money to an employee or employees under subsection 72 (2).

Application in writing

(6) An application for a review must be in writing.

Orders requiring applicant to pay

(7) An application for a review of an order requiring the applicant to pay an amount is not properly made and the Board shall not proceed with the review unless, within the time for applying for the review, the applicant pays the amount to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director.

Hearing

(8) Subject to the rules under subsection (12), the Board shall hold a hearing for the purposes of the review.

Parties

(9) The following are parties to the review:

1. The applicant.

2. In the case of an application by an employer relating to an order, the employee in respect of whom the order was issued.

3. In the case of an application by an employee, the employee’s employer.

4. The employment standards officer who issued or refused to issue the order.

5. In the case of a review of an order issued under section 58.22 or 58.23, each director, other than the applicant, on whom the order is served.

6. Such other persons as the Board may specify.

Practice and procedure

(10) The Board shall determine its own practice and procedure but shall give full opportunity to the parties to present their evidence and to make their submissions.

Rules of practice

(11) The chair of the Board may make rules governing the Board’s practice and procedure and the exercise of its powers and prescribing such forms as the chair considers advisable.

Expedited decisions

(12) The chair of the Board may make rules to expedite decisions about the Board’s jurisdiction and such rules,

(a) may provide that the Board is not required to hold a hearing; and

(b) may limit the extent to which the Board is required to give full opportunity to the parties to present their evidence and to make their submissions.

Effective date of rules

(13) Rules made under subsection (12) come into force on such dates as the Lieutenant Governor in Council may by order determine.

Conflict with Statutory Powers Procedure Act

(14) Rules made under this section apply despite anything in the Statutory Powers Procedure Act.

Rules not regulations

(15) Rules made under this section are not regulations within the meaning of the Regulations Act.

Persons to represent groups

(16) If a group of parties have the same or substantially the same interest, the Board may designate one or more of the parties in the group to represent the group in the review.

Quorum

(17) The chair or a vice-chair of the Board constitutes a quorum for the purposes of this section and is sufficient for the exercise of the jurisdiction and powers of the Board under this section.

Posting of notices

(18) The Board may require persons or trade unions, whether or not they are parties to the review, to post and to keep posted upon their premises in a conspicuous place or places where they are most likely to come to the attention of persons having an interest in the review, any notices that the Board considers necessary to bring to the attention of such persons.

Powers of Board

(19) The Board may, with necessary modifications, exercise the powers conferred on an employment standards officer under this Act and may substitute its findings or opinions for those of the officer who issued the order or refused to issue the order.

Same

(20) Without restricting the generality of subsection (19), the Board may,

(a) if the review is a review of an order, amend, rescind or affirm the order or issue a new order; and

(b) if the review is a review of a refusal to issue an order, issue an order or affirm the refusal.

Labour relations officers

(21) If during a review the Board considers it appropriate to do so, it may direct a labour relations officer to make such examination of records and other inquiries as it considers necessary in the circumstances but it shall not direct an employment standards officer to do so.

Same

(22) Sections 63 and 64 apply with respect to a labour relations officer who has been given a direction under subsection (21).

Interim orders

(23) If, during a review of an order requiring the payment of money or a review of a refusal to issue such an order, the Board finds that a certain amount of wages or compensation is owing or that there is no dispute that a certain amount of wages or compensation is owing, the Board shall, even though the review is not completed, affirm the order or issue an order to the extent of that amount.

Interest

(24) If the Board issues, amends or affirms an order requiring the payment of money, the Board may order the person against whom the order was issued to pay interest at the rate and calculated in the manner determined by the Director under section 61.1.

Decision final and binding

(25) A decision of the Board under this section is final and binding upon the parties to the decision and such other parties as the Board may specify.

Assignment of referees and adjudicators to new matters

(26) The Board may assign the conduct of a review to a person who was appointed as a referee prior to the coming into force of section 32 of the Economic Development and Workplace Democracy Act, 1998 or as an adjudicator prior to the coming into force of section 33 of the Economic Development and Workplace Democracy Act, 1998 if his or her term of appointment has not expired when the assignment is made.

Section applies as if person assigned were Board

(27) This section, other than subsections (10) to (12), applies with respect to a person to whom the conduct of a review is assigned under subsection (26) as if the person were the Board.

Person to follow Board’s practice, etc.

(28) A person to whom the conduct of a review is assigned under subsection (26) shall,

(a) follow the practices and procedures determined by the Board;

(b) give full opportunity to the parties to present their evidence and to make their submissions; and

(c) follow the rules made by the chair of the Board. 1998, c. 8, s. 39.

Inquiries

69.(1) If an employment standards officer reports to the Director that an employer may have failed to pay wages owing to an employee under this Act or to comply with this Act and the regulations, or is of the opinion that an act, agreement, arrangement or scheme is intended to have or has the effect directly or indirectly of defeating the true intent and purpose of this Act and the regulations, the Director may refer the report to the Board, which shall conduct an inquiry.

Hearing

(2) The Board shall hold a hearing for the purposes of the inquiry.

Parties

(3) The following persons are parties to the inquiry:

1. The employment standards officer who made the report.

2. The person who is the subject of the employment standards officer’s report.

3. If the subject of the report is an employer, the directors of the employer.

4. Such other persons as the Board may specify.

Rights and defences of directors

(4) The directors of an employer that is the subject of a report have all the rights and defences of the employer for the purposes of an inquiry under this section.

Powers of Board

(5) The Board may, with necessary modifications, exercise the powers conferred on an employment standards officer under this Act and in addition thereto or substitution therefor, if the Board determines that an act, agreement, arrangement or scheme is intended to have or has the effect directly or indirectly of defeating the true intent and purpose of this Act and the regulations, it shall state its findings of fact and issue to and cause to be served upon such person as it may direct an order requiring the person to cease and desist from the act, agreement, arrangement or scheme and may order what action, if any, the person shall take or refrain from doing in order to comply with this Act and the regulations.

Same

(6) In addition to the powers under subsection (5), the Board may order a director to pay wages described in subsection 58.20 (3) and subsections 58.20 (7) and (8) apply, with necessary modifications.

Application of other provisions

(7) Subsections 68 (10) and (11), (14) to (18), (21) to (24) and (26) to (28) apply, with necessary modifications, with respect to the inquiry.

Decision final and binding

(8) The order of the Board under this section is final and not subject to review under section 68. 1998, c. 8, s. 40.

Settlements

69.1(1) The Board may authorize a labour relations officer to attempt to effect a settlement of the matters raised by an application for review under section 68 or a reference to the Board of an employment standards officer’s report under section 69.

Binding effect of settlement

(2) Despite section 3, if the labour relations officer effects a settlement between persons, the settlement is binding on those persons.

Clarification, when settlement may be effected

(3) A settlement may be effected even if,

(a) the employment standards officer who issued the order or refused to issue the order or who made the report is not advised of the settlement; or

(b) the review under section 68 or the inquiry under section 69 has started.

When settlement gives relief from order

(4) If, in relation to an application for review of an order, the labour relations officer effects a settlement between a person against whom the order was made and a person who would have benefited from the order, the order is of no effect with respect to the person who would have benefited from it if the person against whom the order was made complies with the settlement.

Termination of review or inquiry

(5) If a settlement disposes of all the issues in a review under section 68 or an inquiry under section 69, the review or inquiry is terminated.

Distribution of administrative costs

(6) If a settlement relates to an application for review of an order requiring the payment of money, the Director may, in accordance with the terms of the settlement,

(a) distribute any amount held in trust; and

(b) refund all or part of the administrative costs paid by the employer under clause 65 (1.2) (b).

Breach of settlement, fraud, coercion

(7) Subsection (8) applies if, on the application of a party to a settlement, the Board finds that,

(a) a person who is bound by the settlement fails to comply with it; or

(b) a person who entered into the settlement establishes that the person did so as a result of fraud or coercion.

Same

(8) In the circumstances described in subsection (7),

(a) subsections (2) and (4) cease to apply; and

(b) the Board shall order that any review or inquiry that was terminated under subsection (5) or that proceeded but did not deal with the issues disposed of in the settlement be re-commenced, with respect to the issues disposed of in the settlement, at the stage the review or inquiry was at when the settlement was effected. 1998, c. 8, s. 40.

Testimony in civil proceedings, etc.

69.2(1) Except with the consent of the Board, no member of the Board, nor its registrar, nor any of its other officers, nor any of its clerks or servants shall be required to give testimony in any civil proceeding or in any proceeding before the Board or in any proceeding before any other tribunal respecting information obtained in the discharge of their duties or while acting within the scope of their employment under this Act.

Non-disclosure

(2) No information or material furnished to or received by a labour relations officer under this Act shall be disclosed except to the Board or as authorized by the Board. 1998, c. 8, s. 40.

Interest on trust funds

70.(1) Upon an application for review under section 68, any money paid to the Director shall be paid into an interest bearing account to abide the decision of the Board and shall be paid out in accordance with the decision of the Board together with interest at the rate and calculated in the manner determined by the Director under section 61.1. 1998, c. 8, s. 41 (1).

(2) REPEALED: 1998, c. 8, s. 41 (2).

Interest on trust money

(3) Where under this Act the Director is required to hold money in trust, the Director shall pay interest to the person entitled to receive such money at the rate and calculated in the manner determined by the Director under section 61.1. 1998, c. 8, s. 41 (3).

Interest on administrative costs

(4) The Director shall pay interest on any administrative costs refunded under subsection 69.1 (6) at the rate and calculated in the manner determined by the Director under section 61.1.

Application of surplus interest

(5) If the interest earned on money held by the Director in trust exceeds the interest paid to the person entitled to receive such money, the Director may use the difference, or any part of it, to pay the service charges charged for the management of the money by the financial institution with which the money was deposited. 1998, c. 8, s. 41 (4).

Payment to Director

71.(1) If the Director believes or suspects that a person is or may become liable to make a payment,

(a) to an employer who is liable to make a payment under the Act; or

(b) to a director who is liable to make a payment under the Act,

the Director may demand that the person pay all or part of the money otherwise payable to the employer or the director, as the case may be, to the Director in trust on account of liability under the Act.

Notice

(1.1) The Director shall serve notice of the demand by mail or personally upon the person required to make the payment to the Director. 1996, c. 23, s. 24.

Receipt of Director

(2) The receipt of the Director for money paid as required under this section is a good and sufficient discharge of the original liability to the extent of the payment.

Liability to pay

(3) Every person who has discharged any liability to an employer who is liable to make a payment under this Act or to a director who is liable to make a payment under this Act without complying with a demand under this section is liable to pay an amount equal to the liability discharged or the amount that he or she was required under this section to pay, whichever is the lesser. 1991, c. 16, s. 13.

Payment to employee

72.(1) Where wages are received under subsection 65.1 (1), the Director shall pay to the employee or employees the wages received on his, her or their behalf. R.S.O. 1990, c. E.14, s. 72 (1); 1998, c. 8, s. 42 (1).

Same

(2) Where compensation or wages have been paid by an employer under an order issued under section 45, 48, 51 or 56.2 or subsection 65 (1.2), and no application for review has been made to the Board under section 68 within 45 days after the date of the order or such longer period as the Board has allowed, the Director shall pay to the employee or employees the compensation or wages obtained on his, her or their behalf. 1998, c. 8, s. 42 (2).

Payment after review

(3) Where an application for review under section 68 has been made, the Director shall pay to the employee or the employees the wages owing, if any, in accordance with the decision of the Board and shall pay to the employer any money to which the employer is entitled under the decision. 1998, c. 8, s. 42 (3).

Money to be distributed rateably

(4) Where the money received by the Director under this Act is insufficient to pay the wages due employees of an employer in full, the Director shall distribute the money received by him or her, including any payment for administrative costs, rateably among those employees on whose behalf the money was received. R.S.O. 1990, c. E.14, s. 72 (4); 1996, c. 23, s. 25 (2).

No proceeding to be instituted

(5) No proceeding shall be instituted against the Director for acting in compliance with this section. R.S.O. 1990, c. E.14, s. 72 (5).

Certificate of order

73.(1) Where an order has been made under this Act requiring an employer to pay any money to the Director for or on behalf of an employee or employees or requiring a director to pay any money to the Director for or on behalf of an employee or employees, the Director may issue a certificate thereof and cause the same to be filed in a court of competent jurisdiction and thereupon the certificate shall be enforceable as a judgment or order of the court at the instance and in favour of the Director in the same manner as a judgment or order of the court. R.S.O. 1990, c. E.14, s. 73 (1); 1991, c. 16, s. 14 (1).

Copy of certificate

(2) The Director shall serve upon the employer or the director, as the case may be, a copy of the certificate and shall advise the employer or the director of the date on which the certificate was filed. 1996, c. 23, s. 26.

Collector

73.0.1In sections 73.0.2 and 73.0.3,

“collector” means a person (other than an employment standards officer) who is authorized by the Director to collect amounts owing under the Act. 1996, c. 23, s. 27.

Powers of collectors

73.0.2(1) A collector may exercise such of the following powers as the Director may specify for the purpose of collecting amounts owing under the Act:

1. The powers of the Director under sections 71, 73 and 73.1 and subsections 78 (2) and (3) and 79 (3).

. . . . .

3. The powers of the Board under section 19 of the Statutory Powers Procedure Act. 1996, c. 23, s. 27; 1997, c. 21, s. 3 (6); 1998, c. 8, s. 43.

Costs of collection

(2) The Director may authorize the collector to collect a reasonable fee or reasonable disbursements or both from each person from whom the collector seeks to collect amounts owing under the Act. The Director may impose conditions on the authorization and may determine what constitutes a reasonable fee and reasonable disbursements.

Exception

(3) The Director shall not authorize a collector required to be registered under the Collection Agencies Act to collect disbursements.

Non-application

(4) Clause 22 (a) of the Collection Agencies Act does not apply with respect to fees authorized under subsection (2).

Effect on order

(5) The fee and disbursements authorized under subsection (2) shall be deemed to form part of the order, if there is an order.

Distribution of money

(6) The collector shall distribute the money collected as follows:

1. Money that is attributable to wages, compensation, amounts unpaid in respect of a person or money owing to a person under the Act is to be paid to the Director in trust or, with the written consent of the Director, to the person to whom the money is owed.

2. The applicable administrative fee, if any, is to be paid to the Director.

3. The amount attributable to the fee and disbursements authorized under subsection (2) is to be kept by the collector.

Apportionment of money collected

(7) If the money collected is less than the total owing to all persons including the Director and the collector, the money shall be apportioned among them in the prescribed manner.

Reciprocal enforcement

(8) For the purposes of this section, an amount owing under an order made by a state referred to in subsection 73.1 (2) shall be deemed to be an amount owing under the Act. 1996, c. 23, s. 27.

Settlement, etc., by collector

73.0.3(1) A collector may agree to a compromise or settlement with the person who owes the money under the Act if the person to whom the money is owed agrees in writing to the compromise or settlement.

Restriction

(2) The collector shall not agree to a compromise or settlement of an amount owed under the Act if the person to whom the money is owed would receive less than 75 per cent (or such other percentage as may be prescribed) of the money to which he or she is entitled, unless the Director approves the compromise or settlement in writing.

Payment

(3) The person who owes the money shall pay the amount agreed upon in the compromise or settlement to the collector.

Apportionment of payment

(4) The amount paid shall be apportioned in the prescribed manner among all persons to whom money is owed, including the Director and the collector.

Void order

(5) The order, if any, to which a compromise or settlement relates is void when the amount agreed upon in the compromise or settlement is paid. 1996, c. 23, s. 27.

Reciprocal enforcement of orders

73.1(1) In this section,

“order” includes a judgment and, in the case of a state whose employment standards legislation contains a provision substantially similar to subsection 73 (1), includes a certificate of an order for the payment of wages; (“ordonnance”)

“state” includes another province or a territory of Canada, a foreign state and a political subdivision of a state. (“État”)

Declaration re reciprocating state

(2) The Lieutenant Governor in Council may by regulation,

(a) declare a state to be a reciprocating state for the purpose of this section; and

(b) designate an authority of that state as the authority who may make applications under this section,

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 this section.

Application for enforcement

(3) The designated authority of a reciprocating state may apply to the Director for enforcement of an order for the payment of wages issued under the employment standards legislation of the reciprocating state.

Same

(4) The application must be accompanied by a copy of the order that is certified as a true copy,

(a) by the court in which the order was filed, if the employment standards legislation of the reciprocating jurisdiction provides for the filing of the order in a court; or

(b) by the designated authority, if the employment standards legislation does not provide for the filing of the order in a court.

Enforcement

(5) The Director may file a copy of the order in a court of competent jurisdiction and thereupon the order is enforceable as a judgment or order of the court, at the instance and in favour of the Director or the designated authority.

Costs

(6) The Director or the designated authority, as the case may be, is entitled to the costs of enforcing the order as if the order were an order of the court in which a copy of the order is filed. The costs are recoverable in like manner as if they were sums payable under the order. 1994, c. 27, s. 119 (2).

Demand for information

74.(1) The Director may require an employer to produce books, papers, records or documents for inspection, audit or examination for any purpose related to the administration or enforcement of the Act and regulations.

Notice

(1.1) The Director shall notify the employer which books, papers, records and documents are to be produced and may stipulate the time within which and the place at which they are to be produced.

Service of notice

(1.2) The Director shall serve the notice upon the employer by mail addressed to the employer’s last known address or,

(a) if the employer is an individual, personally upon him or her; and

(b) if the employer is a corporation, personally upon an officer of the corporation or a person in charge of any branch of the corporation. 1996, c. 23, s. 28 (1).

Neglect or refusal to produce

(2) No employer shall neglect or refuse to produce the books, papers, records or documents at the time and place stipulated in the notice. R.S.O. 1990, c. E.14, s. 74 (2); 1996, c. 23, s. 28 (2).

Proof of service

(3) A certificate of the Director is evidence of the service and receipt of the notice if, in the certificate, the Director certifies that the notice was served and states the method of service used and if the certificate has a true copy of the notice attached to it. 1996, c. 23, s. 28 (3).

Posting of notices

75.The Director may require an employer to post and keep posted a notice relating to the administration or enforcement of this Act or the regulations in a conspicuous place where it is most likely to come to the attention of the employees, and the employer shall post and keep posted any such notice. R.S.O. 1990, c. E.14, s. 75.

Service by mail

75.1If the Act requires or permits the service of a document by mail, the document may be served,

(a) using any method of mail delivery that permits the delivery to be verified; or

(b) by telephone transmission of a facsimile of the document, if the recipient is equipped to receive such transmissions. 1996, c. 23, s. 29.

Powers under the Canada Labour Code

75.2If a regulation under the Canada Labour Code incorporates by reference all or part of this Act or a regulation under this Act, the Board and any person having powers under this Act may exercise any powers conferred under the regulation under the Canada Labour Code. 1998, c. 8, s. 44.

PART XVI
OFFENCES AND PENALTIES

No discipline, dismissal, etc., by employer

76.(1) No employer shall,

(a) dismiss or threaten to dismiss an employee;

(b) discipline or suspend an employee;

(c) impose any penalty upon an employee; or

(d) intimidate or coerce an employee,

because the employee,

(e) has sought the enforcement of this Act or the regulations;

(f) has sought to enforce his or her rights under section 50.1;

(f.1) has exercised a right to refuse work under section 50.2;

(g) has given information to an employment standards officer;

(h) has participated in or is about to participate in a proceeding or hearing under this Act; or

(i) testifies or is required to testify in a proceeding or hearing under this Act. R.S.O. 1990, c. E.14, s. 76 (1); 1991, c. 43, s. 2 (2).

Penalty for offence

(2) Where an employer is convicted of an offence under subsection (1), the provincial judge making the conviction shall, in addition to the penalty, order what action the employer shall take or what the employer shall refrain from doing and such order may include the reinstatement in employment of the employee with or without compensation or compensation in lieu of reinstatement for loss of wages and other benefits to be assessed against the employer. R.S.O. 1990, c. E.14, s. 76 (2); 1993, c. 27, Sched.

Offence, penalty

(3) An employer who fails to comply with an order made under subsection (2) is guilty of an offence and on conviction is liable to a fine not exceeding $2,000 for each day during which the failure continues. R.S.O. 1990, c. E.14, s. 76 (3).

Offence to keep false records, etc.

77.(1) No person shall make, keep or produce or participate in, assent to or acquiesce in the making, keeping or producing of a false or deceptive book of account, record or other document required to be made, kept or produced under this Act or the regulations. R.S.O. 1990, c. E.14, s. 77.

Offence

(2) No person shall provide false or misleading information under this Act. 1991, c. 16, s. 15.

Offence

78.(1) Every person who contravenes this Act or the regulations or a decision, requirement or order made under this Act is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than six months, or to both.

Order for payment

(2) Where an employer is convicted of an offence under subsection (1), the Ontario Court (Provincial Division) shall, in addition to any other penalty, assess the amount unpaid in respect of an employee or employees and shall order the employer to pay the amount so assessed to the Director who shall collect and distribute to the employee or employees the amount ordered to be paid.

Enforcement of order

(3) An order for payment under subsection (2) may be filed by the Director in a court of competent jurisdiction and thereupon the order shall be deemed to be an order of that court for the purposes of enforcement. R.S.O. 1990, c. E.14, s. 78.

Officers, etc., liable

79.(1) Where a corporation contravenes any provision of this Act or the regulations, an officer, director or agent of the corporation or a person purporting to act in any such capacity who authorizes, permits or acquiesces in the contravention is a party to and guilty of the offence and is liable on conviction to the penalty provided for the offence whether or not the corporation has been prosecuted or convicted.

Onus of proof

(2) In determining whether for the purposes of subsection (1) an officer, director or agent of the corporation or a person purporting to act in any such capacity authorized, permitted or acquiesced in the contravention of any provision of this Act or the regulations, it shall be for the officer, director or agent or person purporting to act in any such capacity to prove that he or she did not authorize, permit or acquiesce in the contravention.

Additional penalty

(3) Where an officer, director or agent of the corporation or a person purporting to act in any such capacity is convicted of an offence under subsection (1), the Ontario Court (Provincial Division) may, in addition to any other penalty, assess the amount unpaid by the corporation in respect of the employee and shall order the officer, director or agent to pay the amount so assessed to the Director who shall collect and distribute to the employee the amount ordered to be paid.

No prosecution without consent

(4) No prosecution under this section shall be instituted without the consent of the Director and the production of a consent purporting to be signed by the Director is admissible in evidence as proof, in the absence of evidence to the contrary, of the Director’s consent. R.S.O. 1990, c. E.14, s. 79.

Copies constitute evidence

80.(1) In any proceeding or prosecution under this Act,

(a) a copy of an order purporting to have been made under this Act or the regulations and purporting to have been signed by an employment standards officer or the Board; or

(b) a document purporting to be a copy of a book, record or other document, or any extract therefrom, and purporting to be certified by an employment standards officer,

is evidence of the order or document and the facts appearing in the order or document, without proof of the signature or official character of the person appearing to have signed the order or the certificate and without further proof. R.S.O. 1990, c. E.14, s. 80 (1); 1998, c. 8, s. 45.

Certificate constitutes evidence

(2) In any proceeding or prosecution under this Act, a certificate purporting to be signed by the Director certifying that an employer has failed to make any payment under an order issued under this Act is evidence of the failure to pay without further proof. R.S.O. 1990, c. E.14, s. 80 (2).

Same, collectors

(3) In any proceeding or prosecution, a certificate purporting to be signed by the Director certifying any of the following facts is evidence of the fact without further proof:

1. The Director has authorized a collector to collect amounts owing under the Act.

2. The Director has authorized the collector to collect a reasonable fee or reasonable disbursements or both under subsection 73.0.2 (2).

3. The Director has, or has not, imposed conditions on the authorization and has, or has not, determined what constitutes a reasonable fee and reasonable disbursements. The certificate may set out the details of the conditions and of the fee and disbursements.

4. The Director has approved a compromise or settlement under subsection 73.0.3 (2) or (3).

Same, Director’s knowledge

(4) In any proceeding or prosecution, a certificate purporting to be signed by the Director certifying the date on which the facts upon which the proceeding or prosecution is based first came to his or her knowledge is evidence of the contents of the certificate without further proof. 1996, c. 23, s. 30.

Where prosecution may be heard

81.A prosecution in respect of an offence under this Act or the regulations may, at the election of the prosecutor, be heard, tried and determined by the Ontario Court (Provincial Division) sitting in the area where the accused is resident or carries on business although the subject-matter of the offence did not arise in that area. R.S.O. 1990, c. E.14, s. 81.

Limitation, prosecutions

82.No prosecution under the Act shall be commenced more than two years after the facts upon which the prosecution is based first come to the knowledge of the Director. 1996, c. 23, s. 31.

Limitation, proceedings

82.1(1) No proceeding under the Act shall be commenced more than two years after the facts upon which the proceeding is based first come to the knowledge of the Director. 1996, c. 23, s. 31.

Commencement of proceedings

(2) A proceeding is commenced when the Director refers a report under subsection 69 (1), when an employment standards officer issues an order, when an employment standards officer notifies an affected person that the officer refuses to issue an order or when an employment standards officer is deemed to have done so under subsection 67 (2). 1996, c. 23, s. 31; 1998, c. 8, s. 46.

No proceeding

(3) No proceeding is commenced when a complaint is filed under the Act, when an application is made for a review of an order or when an application is made for a review of a refusal to issue an order.

Non-application

(4) Subsection (1) does not apply with respect to a civil action or an arbitration under a collective agreement. 1996, c. 23, s. 31.

Restriction on amendment or rescission

82.2(1) An employment standards officer shall not amend or rescind his or her order more than two years after the facts upon which the order is based first come to the knowledge of the Director.

Exception

(2) An employment standards officer may amend or rescind an order after the two-year period expires with the consent of the person required to comply with it and the person in respect of whom it is issued. 1996, c. 23, s. 31.

Restriction on recovery of money

82.3(1) In a prosecution or proceeding under the Act, no person is entitled to recover money that became due to the person more than six months before the date on which the facts upon which the prosecution or proceeding is based first come to the knowledge of the Director.

Exception

(2) Despite subsection (1), if a person’s entitlement under the Act comes to the knowledge of an employment standards officer when he or she is investigating the complaint of another person, the first person is entitled to recover money that became due to the first person not more than six months before the date on which the second person’s complaint is filed.

Same

(3) In a prosecution for a failure to pay wages to the Director in trust as required by an order, the person is entitled to recover all money due under the order despite subsection (1).

Same

(4) A person may recover money that became due before the date determined under subsection (1),

(a) if the money became due to the person not more than one year before that date;

(b) if, in the same prosecution or proceeding, the person is entitled to recover money that became due not more than six months before that date; and

(c) if the money referred to in clauses (a) and (b) became due to the person by virtue of the same provision of the Act or the same provision of the contract of employment.

Deeming

(5) For the purposes of this section, money shall be deemed to have become due on the following date:

1. In the case of a failure to pay termination pay to the Director under subsection 57 (21), the date on which, had the required payment been made, the employee would have been deemed under clause 57 (21) (b) to have abandoned the right to be recalled.

2. In the case of a failure to pay severance pay to the Director under subsection 58 (12), the date on which, had the required payment been made, the employee would have been deemed under clause 58 (12) (b) to have abandoned the right to be recalled.

Transition

(6) If the facts upon which a proceeding or prosecution is based first come to the knowledge of the Director within 60 days after the day on which this section comes into force, the person may recover money that became due more than six months before the date determined under subsection (1) or (2),

(a) if the money became due to the person not more than two years before the date determined under subsection (1) or (2); and

(b) if it became due before the day on which this section comes into force. 1996, c. 23, s. 31.

Knowledge of the Director

82.4(1) The facts upon which a proceeding or prosecution is based shall be deemed to have first come to the knowledge of the Director on the following date in the following circumstances:

1. In the case of an employee who files a complaint under the Act, the date on which the Ministry receives the complaint in a written or electronic form approved by the Director.

2. In the case of an employee whose entitlement under the Act comes to the knowledge of an employment standards officer when he or she is investigating the complaint of another employee, the date on which the employee’s entitlement comes to the officer’s attention.

3. In the case of a failure to pay wages to the Director in trust as required by an order, the date that is 46 days after the order is delivered to the person required to pay or is served on the person.

Same

(2) Paragraph 1 of subsection (1) does not apply if an employee’s entitlement comes to the knowledge of an employment standards officer when the officer is investigating the complaint of another employee. 1996, c. 23, s. 31.

83.REPEALED: 1996, c. 23, s. 32.

PART XVII
REGULATIONS

Regulations

84.(1) The Lieutenant Governor in Council may make regulations for carrying out the purposes of this Act and, without restricting the generality of the foregoing, may make regulations,

1. establishing minimum rates of wages for employees or classes of employees;

2. designating or defining any industry, activity, business, work, trade, occupation or profession or class of employers or employees, for the purposes of this Act or any Part thereof, or the regulations or any provision thereof;

3. designating or defining the zone or zones within Ontario in which this Act, a Part of this Act, or the regulations or any provision thereof, is applicable;

4. exempting any industry, activity, business, work, trade, occupation, profession, or class of employers or employees from the application of this Act, a Part of this Act, or the regulations or any provision thereof;

5. prescribing what constitutes the performance of work in respect of which wages shall be paid;

6. prescribing the deductions that may be made from wages or any other payment or allowance to an employee;

7. prescribing the maximum number of hours that may elapse between the commencement and the termination of the daily work period or periods of an employee;

8. prescribing the particulars of employment that shall be given to an employee;

9. prescribing rates of pay and hours of work for the whole or part of any industry, business or trade in a designated part or parts of Ontario;

10. providing for and requiring the approval of the Director of any agreement or arrangement between an employer and an employee or the employee’s agent providing for the averaging of daily hours of work for a work week or daily or weekly hours of work over a longer period of time than a work week;

11. providing for the averaging of wages over a longer period of time than a work week for the purpose of determining a regular rate under this Act;

12. providing for the setting up of committees to advise the Minister on any matters arising in relation to the administration of this Act;

13. prescribing the manner of giving notice of termination and the period and the form and content of such notice;

14. prescribing what constitutes termination of employment;

15. prescribing what constitutes “a definite term or task”, “lay-off”, “temporary lay-off”, “indefinite lay-off” and a “period of employment”;

16. providing that any payments to an employee by way of pension, insurance, worker’s compensation, bonus, severance, supplementary unemployment benefits, or similar arrangements shall or shall not be taken into account on termination of employment;

17. despite Part VI, prescribing when overtime pay shall be paid to an employee or class of employees by an employer, a class of employers, or an industry, business or trade for any hours of work in excess of a specified number of hours of work in a work week or a longer period of time than a work week;

 18. prescribing the hours of work after which overtime is payable in a work week to an employee who does two or more kinds of work for which different hours of work in a work week upon which overtime is payable are prescribed under this Act;

 19. prescribing types of benefit plans for the purpose of subsection 42 (2);

19.1 Repealed: 1998, c. 8, s. 47.

19.2 Repealed: 1997, c. 21, s. 3 (7).

 19.3 Repealed: 1997, c. 21, s. 3 (7).

 19.4  providing for and governing the consolidation of hearings under this Act;

 19.5  providing for the manner of apportioning compensation under subsection 58.9 (2);

 19.6  Repealed: 1997, c. 21, s. 3 (7).

 19.7  Repealed: 1997, c. 21, s. 3 (7).

 19.8  Repealed: 1997, c. 21, s. 3 (7).

 20. prescribing maximum allowances for living accommodation, fuel, heat, utility charges or room or board to be taken into account in calculating minimum wages;

 21. prescribing the minimum number of hours for which an employee is entitled to be paid wages and providing for conditions and exemptions in respect thereof;

 22. prescribing rules for determining whether the termination of an employee who is not entitled to severance pay shall be taken into account in determining whether fifty or more employees have had their employment terminated in a period of six months or less, and whether the wages of an employee who is not entitled to severance pay shall be taken into account in determining the payroll of an employer;

 23. providing for the exclusion of weeks from the period of fifty-two consecutive weeks mentioned in the definition of “termination” in subsection 58 (1);

 24. prescribing forms and providing for their use;

 25. defining any word or expression used in this Act that is not defined in this Act;

 26. prescribing the manner in which information is to be given to the Minister under subsection 57 (3);

 27. prescribing anything that by this Act is to be or may be prescribed;

 28. respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S.O. 1990, c. E.14, s. 84 (1); 1991, c. 16, s. 16; 1993, c. 27, Sched.; 1996, c. 23, s. 33; 1997, c. 21, s. 3 (7); 1998, c. 8, s. 47.

Application

(2) A regulation made under subsection (1) or any provision thereof may be confined in its application to any class of employer, employee or establishment defined in the regulation. R.S.O. 1990, c. E.14, s. 84 (2).

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