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Employment Standards Act, 2000

S.O. 2000, CHAPTER 41

Consolidation Period: From December 3, 2007 to the e-Laws currency date.

Last amendment: 2007, c. 16, Sched. A.

SKIP TABLE OF CONTENTS

CONTENTS

PART I
DEFINITIONS

Definitions

1.  (1)  In this Act,

“agent” includes a trade union that represents an employee in collective bargaining; (“mandataire”)

“alternative vacation entitlement year” means, with respect to an employee, a recurring 12-month period that begins on a date chosen by the employer, other than the first day of the employee’s employment; (“année de référence différente”)

“arbitrator” includes,

(a) a board of arbitration, and

(b) the Board, when it is acting under section 133 of the Labour Relations Act, 1995; (“arbitre”)

“benefit plan” means a benefit plan provided for an employee by or through his or her employer; (“régime d’avantages sociaux”)

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

“building services” means services for a building with respect to food, security and cleaning and any prescribed services for a building; (“services de gestion d’immeubles”)

“building services provider” or “provider” means a person who provides building services for a premises and includes the owner or manager of a premises if the owner or manager provides building services for premises the person owns or manages; (“fournisseur de services de gestion d’immeubles”, “fournisseur”)

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

“collector” means a person, other than an employment standards officer, who is authorized by the Director to collect an amount owing under this Act; (“agent de recouvrement”)

“continuous operation” means an operation or that part of an operation that normally continues 24 hours a day without cessation in each seven-day period until it is concluded for that period; (“exploitation à fonctionnement ininterrompu”)

“Director” means the Director of Employment Standards; (“directeur”)

“employee” includes,

(a) a person, including an officer of a corporation, who performs work for an employer for wages,

(b) a person who supplies services to an employer for wages,

(c) a person who receives training from a person who is an employer, as set out in subsection (2), or

(d) a person who is a homeworker,

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

“employer” includes,

(a) an owner, proprietor, manager, superintendent, overseer, receiver or trustee of an activity, business, work, trade, occupation, profession, project or undertaking who has control or direction of, or is directly or indirectly responsible for, the employment of a person in it, and

(b) any persons treated as one employer under section 4, and includes a person who was an employer; (“employeur”)

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

“employment standard” means a requirement or prohibition under this Act that applies to an employer for the benefit of an employee; (“norme d’emploi”)

“establishment”, with respect to an employer, means a location at which the employer carries on business but, if the employer carries on business at more than one location, separate locations constitute one establishment if,

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

(b) one or more employees at a location have seniority rights that extend to the other location under a written employment contract whereby the employee or employees may displace another employee of the same employer; (“établissement”)

“homeworker” means an individual who performs work for compensation in premises occupied by the individual primarily as residential quarters but does not include an independent contractor; (“travailleur à domicile”)

“hospital” means a hospital as defined in the Hospital Labour Disputes Arbitration Act; (“hôpital”)

“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 hour”, with respect to an employee, means,

(a) if one or more provisions in the employee’s employment contract or in another Act that applies to the employee’s employment provides a greater benefit for overtime than Part VIII (Overtime Pay), an hour of work in excess of the overtime threshold set out in that provision, and

(b) otherwise, an hour of work in excess of the overtime threshold under this Act that applies to the employee’s employment; (“heure supplémentaire”)

“person” includes a trade union; (“personne”)

“premium pay” means an employee’s entitlement for working on a public holiday as described in subsection 24 (2); (“salaire majoré”)

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

“public holiday” means any of the following:

1. New Year’s Day.

2. Good Friday.

3. Victoria Day.

4. Canada Day.

5. Labour Day.

6. Thanksgiving Day.

7. Christmas Day.

8. December 26.

9. Any day prescribed as a public holiday; (“jour férié”)

“public holiday pay” means an employee’s entitlement with respect to a public holiday as determined under subsection 24 (1); (“salaire pour jour férié”)

“regular rate” means, subject to any regulation made under paragraph 10 of subsection 141 (1),

(a) for an employee who is paid by the hour, the amount earned for an hour of work in the employee’s usual work week, not counting overtime hours,

(b) otherwise, the amount earned in a given work week divided by the number of non-overtime hours actually worked in that week; (“taux horaire normal”)

“regular wages” means wages other than overtime pay, public holiday pay, premium pay, vacation pay, termination pay and severance pay and entitlements under a provision of an employee’s contract of employment that under subsection 5 (2) prevail over Part VIII, Part X, Part XI or Part XV; (“salaire normal”)

“regular work day”, with respect to an employee who usually works the same number of hours each day, means a day of that many hours; (“journée normale de travail”)

“regular work week”, with respect to an employee who usually works the same number of hours each week, means a week of that many hours but not including overtime hours; (“semaine normale de travail”)

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

“reservist” means a member of the reserve force of the Canadian Forces referred to in subsection 15 (3) of the National Defence Act (Canada); (“réserviste”)

“standard vacation entitlement year” means, with respect to an employee, a recurring 12-month period that begins on the first day of the employee’s employment; (“année de référence normale”)

“statutory notice period” means,

(a) the period of notice of termination required to be given by an employer under Part XV, or

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

“stub period” means, with respect to an employee for whom the employer establishes an alternative vacation entitlement year that starts on or after the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force,

(a) if the employee’s first alternative vacation entitlement year begins before the completion of his or her first 12 months of employment, the period that begins on the first day of employment and ends on the day before the start of the alternative vacation entitlement year,

(b) if the employee’s first alternative vacation entitlement year begins after the completion of his or her first 12 months of employment, the period that begins on the day after the day on which his or her most recent standard vacation entitlement year ended and ends on the day before the start of the alternative vacation entitlement year; (“période tampon”)

“trade union” means an organization that represents employees in collective bargaining under any of the following:

1. The Labour Relations Act, 1995.

2. The Crown Employees Collective Bargaining Act, 1993.

3. Part X.1 of the Education Act.

4. Part IX of the Fire Protection and Prevention Act, 1997.

5. The Colleges Collective Bargaining Act.

6. Any prescribed Acts or provisions of Acts; (“syndicat”)

“vacation entitlement year” means an alternative vacation entitlement year or a standard vacation entitlement year; (“année de référence”)

“wages” means,

(a) monetary remuneration payable by an employer to an employee under the terms of an employment contract, oral or written, express or implied,

(b) any payment required to be made by an employer to an employee under this Act, and

(c) any allowances for room or board under an employment contract or prescribed allowances,

but does not include,

(d) tips and other gratuities,

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

(f) expenses and travelling allowances, or

(g) subject to subsections 60 (3) or 62 (2), employer contributions to a benefit plan and payments to which an employee is entitled from a benefit plan; (“salaire”)

“work week” means,

(a) a recurring period of seven consecutive days selected by the employer for the purpose of scheduling work, or

(b) if the employer has not selected such a period, a recurring period of seven consecutive days beginning on Sunday and ending on Saturday. (“semaine de travail”) 2000, c. 41, s. 1 (1); 2001, c. 9, Sched. I, s. 1 (1); 2002, c. 18, Sched. J, s. 3 (1, 2); 2007, c. 16, Sched. A, s. 1.

Person receiving training

(2)  For the purposes of clause (c) of the definition of “employee” in subsection (1), an individual receiving training from a person who is an employer is an employee of that person if the skill in which the individual is being trained is a skill used by the person’s employees, unless all of the following conditions are met:

1. The training is similar to that which is given in a vocational school.

2. The training is for the benefit of the individual.

3. The person providing the training derives little, if any, benefit from the activity of the individual while he or she is being trained.

4. The individual does not displace employees of the person providing the training.

5. The individual is not accorded a right to become an employee of the person providing the training.

6. The individual is advised that he or she will receive no remuneration for the time that he or she spends in training. 2000, c. 41, s. 1 (2).

Agreements in writing

(3)  Unless otherwise provided, a reference in this Act to an agreement between an employer and an employee or to an employer and an employee agreeing to something shall be deemed to be a reference to an agreement in writing or to their agreeing in writing to do something. 2000, c. 41, s. 1 (3).

Exception

(4)  Nothing in subsection (3) requires an employment contract that is not a collective agreement to be in writing. 2000, c. 41, s. 1 (4).

PART II
POSTING OF INFORMATION CONCERNING RIGHTS AND OBLIGATIONS

Minister to prepare poster

2.  (1)  The Minister shall prepare and publish a poster providing such information about this Act and the regulations as the Minister considers appropriate. 2004, c. 21, s. 1.

If poster not up to date

(2)  If the Minister believes that the poster prepared under subsection (1) has become out of date, he or she shall prepare and publish a new poster. 2004, c. 21, s. 1.

Material to be posted

(3)  Every employer shall post and keep posted in at least one conspicuous place in every workplace of the employer where it is likely to come to the attention of employees in that workplace a copy of the most recent poster published by the Minister under this section. 2004, c. 21, s. 1.

Where majority language not English

(4)  If the majority language of a workplace of an employer is a language other than English, the employer shall make enquiries as to whether the Minister has prepared a translation of the poster into that language, and if the Minister has done so, the employer shall post and keep posted a copy of the translation next to the copy of the poster. 2004, c. 21, s. 1.

PART III
HOW THIS ACT APPLIES

To whom Act applies

3.  (1)  Subject to subsections (2) to (5), the employment standards set out in this Act apply with respect to an employee and his or her employer if,

(a) the employee’s work is to be performed in Ontario; or

(b) the employee’s work is to be performed in Ontario and outside Ontario but the work performed outside Ontario is a continuation of work performed in Ontario. 2000, c. 41, s. 3 (1).

Exception, federal jurisdiction

(2)  This Act does not apply with respect to an employee and his or her employer if their employment relationship is within the legislative jurisdiction of the Parliament of Canada. 2000, c. 41, s. 3 (2).

Exception, diplomatic personnel

(3)  This Act does not apply with respect to an employee of an embassy or consulate of a foreign nation and his or her employer. 2000, c. 41, s. 3 (3).

Exception, employees of the Crown, etc.

(4)  Only the following provisions of this Act apply with respect to an employee and his or her employer if the employer is the Crown, a Crown agency or an authority, board, commission or corporation all of whose members are appointed by the Crown:

1. Part IV (Continuity of Employment).

2. Section 14.

3. Part XII (Equal Pay for Equal Work).

4. Part XIII (Benefit Plans).

5. Part XIV (Leaves of Absence).

6. Part XV (Termination and Severance of Employment).

7. Part XVI (Lie Detectors).

8. Part XVIII (Reprisal), except for subclause 74 (1) (a) (vii) and clause 74 (1) (b).

9. Part XIX (Building Services Providers). 2000, c. 41, s. 3 (4).

Other exceptions

(5)  This Act does not apply with respect to the following individuals and any person for whom such an individual performs work or from whom such an individual receives compensation:

1. A secondary school student who performs work under a work experience program authorized by the school board that operates the school in which the student is enrolled.

2. An individual who performs work under a program approved by a college of applied arts and technology or a university.

3. A participant in community participation under the Ontario Works Act, 1997.

4. An individual who is an inmate of a correctional institution within the meaning of the Ministry of Correctional Services Act, is an inmate of a penitentiary, is being held in a detention facility within the meaning of the Police Services Act or is being held in a place of temporary detention or youth custody facility under the Youth Criminal Justice Act (Canada), if the individual participates inside or outside the institution, penitentiary, place or facility in a work project or rehabilitation program.

5. An individual who performs work under an order or sentence of a court or as part of an extrajudicial measure under the Youth Criminal Justice Act (Canada).

6. An individual who performs work in a simulated job or working environment if the primary purpose in placing the individual in the job or environment is his or her rehabilitation.

7. A holder of political, religious or judicial office.

8. A member of a quasi-judicial tribunal.

9. A holder of elected office in an organization, including a trade union.

10. A police officer, except as provided in Part XVI (Lie Detectors).

11. A director of a corporation, except as provided in Part XX (Liability of Directors), Part XXI (Who Enforces this Act and What They Can Do), Part XXII (Complaints and Enforcement), Part XXIII (Reviews by the Board), Part XXIV (Collection), Part XXV (Offences and Prosecutions), Part XXVI (Miscellaneous Evidentiary Provisions), Part XXVII (Regulations) and Part XXVIII (Transition, Amendment, Repeals, Commencement and Short Title).

12. Any prescribed individuals. 2000, c. 41, s. 3 (5); 2006, c. 19, Sched. D, s. 7.

Dual roles

(6)  Where an individual who performs work or occupies a position described in subsection (5) also performs some other work or occupies some other position and does so as an employee, nothing in subsection (5) precludes the application of this Act to that individual and his or her employer insofar as that other work or position is concerned. 2000, c. 41, s. 3 (6).

Separate persons treated as one employer

4.  (1)  Subsection (2) applies if,

(a) associated or related activities or businesses are or were carried on by or through an employer and one or more other persons; and

(b) the intent or effect of their doing so is or has been to directly or indirectly defeat the intent and purpose of this Act. 2000, c. 41, s. 4 (1).

Same

(2)  The employer and the other person or persons described in subsection (1) shall all be treated as one employer for the purposes of this Act. 2000, c. 41, s. 4 (2).

Businesses need not be carried on at same time

(3)  Subsection (2) applies even if the activities or businesses are not carried on at the same time. 2000, c. 41, s. 4 (3).

Exception, individuals

(4)  Subsection (2) does not apply with respect to a corporation and an individual who is a shareholder of the corporation unless the individual is a member of a partnership and the shares are held for the purposes of the partnership. 2000, c. 41, s. 4 (4).

Joint and several liability

(5)  Persons who are treated as one employer under this section are jointly and severally liable for any contravention of this Act and the regulations under it and for any wages owing to an employee of any of them. 2000, c. 41, s. 4 (5).

No contracting out

5.  (1)  Subject to subsection (2), no employer or agent of an employer and no employee or agent of an employee shall contract out of or waive an employment standard and any such contracting out or waiver is void. 2000, c. 41, s. 5 (1).

Greater contractual or statutory right

(2)  If one or more provisions in an employment contract or in another Act that directly relate to the same subject matter as an employment standard provide a greater benefit to an employee than the employment standard, the provision or provisions in the contract or Act apply and the employment standard does not apply. 2000, c. 41, s. 5 (2).

Settlement by trade union binding

6.  A settlement made on an employee’s behalf by a trade union that represents the employee is binding on the employee. 2000, c. 41, s. 6.

Agents

7.  An agreement or authorization that may lawfully be made or given by an employee under this Act may be made or given by his or her agent and is binding on the employee as if it had been made or given by the employee. 2000, c. 41, s. 7.

Civil proceedings not affected

8.  (1)  Subject to section 97, no civil remedy of an employee against his or her employer is affected by this Act. 2000, c. 41, s. 8 (1).

Notice

(2)  Where an employee commences a civil proceeding against his or her employer under this Act, notice of the proceeding shall be served on the Director on a form approved by the Director on or before the date the civil proceeding is set down for trial. 2000, c. 41, s. 8 (2).

PART IV
CONTINUITY OF EMPLOYMENT

Sale, etc., of business

9.  (1)  If an employer sells a business or a part of a business and the purchaser employs an employee of the seller, the employment of the employee shall be deemed not to have been terminated or severed for the purposes of this Act and his or her employment with the seller shall be deemed to have been employment with the purchaser for the purpose of any subsequent calculation of the employee’s length or period of employment. 2000, c. 41, s. 9 (1).

Exception

(2)  Subsection (1) does not apply if the day on which the purchaser hires the employee is more than 13 weeks after the earlier of his or her last day of employment with the seller and the day of the sale. 2000, c. 41, s. 9 (2).

Definitions

(3)  In this section,

“sells” includes leases, transfers or disposes of in any other manner, and “sale” has a corresponding meaning. 2000, c. 41, s. 9 (3).

Predecessor Acts

(4)  For the purposes of subsection (1), employment with the seller includes any employment attributed to the seller under this section or a provision of a predecessor Act dealing with sales of businesses. 2000, c. 41, s. 9 (4).

New building services provider

10.  (1)  This section applies if the building services provider for a building is replaced by a new provider and an employee of the replaced provider is employed by the new provider. 2000, c. 41, s. 10 (1).

No termination or severance

(2)  The employment of the employee shall be deemed not to have been terminated or severed for the purposes of this Act and his or her employment with the replaced provider shall be deemed to have been employment with the new provider for the purpose of any subsequent calculation of the employee’s length or period of employment. 2000, c. 41, s. 10 (2).

Exception

(3)  Subsection (2) does not apply if the day on which the new provider hires the employee is more than 13 weeks after the earlier of his or her last day of employment with the replaced provider and the day on which the new provider began servicing the premises. 2000, c. 41, s. 10 (3).

Predecessor Acts

(4)  For the purposes of subsection (2), employment with the replaced provider includes any employment attributed to the replaced provider under this section or under a provision of a predecessor Act dealing with building services providers. 2000, c. 41, s. 10 (4).

PART V
PAYMENT OF WAGES

Payment of wages

11.  (1)  An employer shall establish a recurring pay period and a recurring pay day and shall pay all wages earned during each pay period, other than accruing vacation pay, no later than the pay day for that period. 2000, c. 41, s. 11 (1).

Manner of payment

(2)  An employer shall pay an employee’s wages,

(a) by cash;

(b) by cheque payable only to the employee; or

(c) in accordance with subsection (4). 2000, c. 41, s. 11 (2).

Place of payment by cash or cheque

(3)  If payment is made by cash or cheque, the employer shall ensure that the cash or cheque is given to the employee at his or her workplace or at some other place agreeable to the employee. 2000, c. 41, s. 11 (3).

Direct deposit

(4)  An employer may pay an employee’s wages by direct deposit into an account of a financial institution if,

(a) the account is in the employee’s name;

(b) no person other than the employee or a person authorized by the employee has access to the account; and

(c) unless the employee agrees otherwise, an office or facility of the financial institution is located within a reasonable distance from the location where the employee usually works. 2000, c. 41, s. 11 (4).

If employment ends

(5)  If an employee’s employment ends, the employer shall pay any wages to which the employee is entitled to the employee not later than the later of,

(a) seven days after the employment ends; and

(b) the day that would have been the employee’s next pay day. 2000, c. 41, s. 11 (5).

Statement re wages

12.  (1)  On or before an employee’s pay day, the employer shall give to the employee a written statement setting out,

(a) the pay period for which the wages are being paid;

(b) the wage rate, if there is one;

(c) the gross amount of wages and, unless the information is provided to the employee in some other manner, how that amount was calculated;

(d) Repealed: 2002, c. 18, Sched. J, s. 3 (3).

(e) the amount and purpose of each deduction from wages;

(f) any amount with respect to room or board that is deemed to have been paid to the employee under subsection 23 (2); and

(g) the net amount of wages being paid to the employee. 2001, c. 9, Sched. I, s. 1 (2); 2002, c. 18, Sched. J, s. 3 (3).

(2)  Repealed: 2002, c. 18, Sched. J, s. 3 (4).

Electronic copies

(3)  The statement may be provided to the employee by electronic mail rather than in writing if the employee has access to a means of making a paper copy of the statement. 2000, c. 41, s. 12 (3).

Statement re wages on termination

12.1  On or before the day on which the employer is required to pay wages under subsection 11 (5), the employer shall provide the employee with a written statement setting out,

(a) the gross amount of any termination pay or severance pay being paid to the employee;

(b) the gross amount of any vacation pay being paid to the employee;

(c) unless the information is provided to the employee in some other manner, how the amounts referred to in clauses (a) and (b) were calculated;

(d) the pay period for which any wages other than wages described in clauses (a) or (b) are being paid;

(e) the wage rate, if there is one;

(f) the gross amount of any wages referred to in clause (d) and, unless the information is provided to the employee in some other manner, how that amount was calculated;

(g) the amount and purpose of each deduction from wages;

(h) any amount with respect to room or board that is deemed to have been paid to the employee under subsection 23 (2); and

(i) the net amount of wages being paid to the employee. 2002, c. 18, Sched. J, s. 3 (5).

Deductions, etc.

13.  (1)  An employer shall not withhold wages payable to an employee, make a deduction from an employee’s wages or cause the employee to return his or her wages to the employer unless authorized to do so under this section. 2000, c. 41, s. 13 (1).

Statute or court order

(2)  An employer may withhold or make a deduction from an employee’s wages or cause the employee to return them if a statute of Ontario or Canada or a court order authorizes it. 2000, c. 41, s. 13 (2).

Employee authorization

(3)  An employer may withhold or make a deduction from an employee’s wages or cause the employee to return them with the employee’s written authorization. 2000, c. 41, s. 13 (3).

Exception

(4)  Subsections (2) and (3) do not apply if the statute, order or written authorization from the employee requires the employer to remit the withheld or deducted wages to a third person and the employer fails to do so. 2000, c. 41, s. 13 (4).

Same

(5)  Subsection (3) does not apply if,

(a) the employee’s authorization does not refer to a specific amount or provide a formula from which a specific amount may be calculated;

(b) the employee’s wages were withheld, deducted or required to be returned,

(i) because of faulty work,

(ii) because the employer had a cash shortage, lost property or had property stolen and a person other than the employee had access to the cash or property, or

(iii) under any prescribed conditions; or

(c) the employee’s wages were required to be returned and those wages were the subject of an order under this Act. 2000, c. 41, s. 13 (5).

Priority of claims

14.  (1)  Despite any other Act, wages shall have priority over and be paid before the claims and rights of all other unsecured creditors of an employer, to the extent of $10,000 per employee. 2000, c. 41, s. 14 (1).

Exception

(2)  Subsection (1) does not apply with respect to a distribution made under the Bankruptcy and Insolvency Act (Canada) or other legislation enacted by the Parliament of Canada respecting bankruptcy or insolvency. 2001, c. 9, Sched. I, s. 1 (3).

PART VI
RECORDS

Records

15.  (1)  An employer shall record the following information with respect to each employee, including an employee who is a homeworker:

1. The employee’s name and address.

2. The employee’s date of birth, if the employee is a student and under 18 years of age.

3. The date on which the employee began his or her employment.

4. The number of hours the employee worked in each day and each week.

5. The information contained in each written statement given to the employee under subsection 12 (1), section 12.1 and clause 36 (3) (b).

6. Repealed: 2002, c. 18, Sched. J, s. 3 (7).

2000, c. 41, s. 15 (1); 2002, c. 18, Sched. J, s. 3 (6, 7).

Homeworkers

(2)  In addition to the record described in subsection (1), the employer shall maintain a register of any homeworkers the employer employs showing the following information:

1. The employee’s name and address.

2. The information that is contained in all statements required to be provided to the employee described in clause 12 (1) (b).

3. Any prescribed information. 2000, c. 41, s. 15 (2).

Exception

(3)  An employer is not required to record the information described in paragraph 4 of subsection (1) with respect to an employee who is paid a salary if,

(a) the employer records the number of hours in excess of those in his or her regular work week and,

(i) the number of hours in excess of eight that the employee worked in each day, or

(ii) if the number of hours in the employee’s regular work day is more than eight hours, the number in excess; or

(b) sections 17 to 19 and Part VIII (Overtime Pay) do not apply with respect to the employee. 2000, c. 41, s. 15 (3).

Meaning of salary

(4)  An employee is considered to be paid a salary for the purposes of subsection (3) if,

(a) the employee is entitled to be paid a fixed amount for each pay period; and

(b) the amount actually paid for each pay period does not vary according to the number of hours worked by the employee, unless he or she works more than 44 hours in a week. 2000, c. 41, s. 15 (4).

Retention of records

(5)  The employer shall retain or arrange for some other person to retain the records of the information required under this section for the following periods:

1. For information referred to in paragraph 1 or 3 of subsection (1), three years after the employee ceased to be employed by the employer.

2. For information referred to in paragraph 2 of subsection (1), the earlier of,

i. three years after the employee’s 18th birthday, or

ii. three years after the employee ceased to be employed by the employer.

3. For information referred to in paragraph 4 of subsection (1) or in subsection (3), three years after the day or week to which the information relates.

4. For information referred to in paragraph 5 of subsection (1), three years after the information was given to the employee.

5. Repealed: 2002, c. 18, Sched. J, s. 3 (8).

2000, c. 41, s. 15 (5); 2002, c. 18, Sched. J, s. 3 (8).

Register of homeworkers

(6)  Information pertaining to a homeworker may be deleted from the register three years after the homeworker ceases to be employed by the employer. 2000, c. 41, s. 15 (6).

Retain documents re leave

(7)  An employer shall retain or arrange for some other person to retain all notices, certificates, correspondence and other documents given to or produced by the employer that relate to an employee taking pregnancy leave, parental leave, family medical leave, personal emergency leave, emergency leave during a declared emergency or reservist leave for three years after the day on which the leave expired. 2006, c. 13, s. 3 (1); 2007, c. 16, Sched. A, s. 2.

Retention of agreements re excess hours

(8)  An employer shall retain or arrange for some other person to retain copies of every agreement that the employer has made with an employee permitting the employee to work hours in excess of the limits set out in subsection 17 (1) for three years after the last day on which work was performed under the agreement. 2004, c. 21, s. 2.

Retention of averaging agreements

(9)  An employer shall retain or arrange for some other person to retain copies of every averaging agreement that the employer has made with an employee under clause 22 (2) (a) for three years after the last day on which work was performed under the agreement. 2004, c. 21, s. 2.

Record re vacation time and vacation pay

15.1  (1)  An employer shall record information concerning an employee’s entitlement to vacation time and vacation pay in accordance with this section. 2002, c. 18, Sched. J, s. 3 (9).

Content of record

(2)  The employer shall record the following information:

1. The amount of vacation time, if any, that the employee had earned since the start of employment but had not taken before the start of the vacation entitlement year.

2. The amount of vacation time that the employee earned during the vacation entitlement year.

3. The amount of vacation time, if any, taken by the employee during the vacation entitlement year.

4. The amount of vacation time, if any, that the employee had earned since the start of employment but had not taken as of the end of the vacation entitlement year.

5. The amount of vacation pay paid to the employee during the vacation entitlement year.

6. The amount of wages on which the vacation pay referred to in paragraph 5 was calculated and the period of time to which those wages relate. 2002, c. 18, Sched. J, s. 3 (9).

Additional requirement, alternative vacation entitlement year

(3)  If the employer establishes for an employee an alternative vacation entitlement year that starts on or after the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force, the employer shall record the following information for the stub period:

1. The amount of vacation time that the employee earned during the stub period.

2. The amount of vacation time, if any, that the employee took during the stub period.

3. The amount of vacation time, if any, earned but not taken by the employee during the stub period.

4. The amount of vacation pay paid to the employee during the stub period.

5. The amount of wages on which the vacation pay referred to in paragraph 4 was calculated and the period of time to which those wages relate. 2002, c. 18, Sched. J, s. 3 (9).

When information to be recorded

(4)  The employer shall record information under this section by a date that is not later than the later of,

(a) seven days after the start of the next vacation entitlement year or the first vacation entitlement year, as the case may be; and

(b) the first pay day of the next vacation entitlement year or of the first vacation entitlement year, as the case may be. 2002, c. 18, Sched. J, s. 3 (9).

Retention of records

(5)  The employer shall retain or arrange for some other person to retain each record required under this section for three years after it was made. 2002, c. 18, Sched. J, s. 3 (9).

Exception

(6)  Paragraphs 5 and 6 of subsection (2) and paragraphs 4 and 5 of subsection (3) do not apply with respect to an employee whose employer pays vacation pay in accordance with subsection 36 (3). 2002, c. 18, Sched. J, s. 3 (9).

Transition

(7)  This section does not apply with respect to a vacation entitlement year or a stub period that is completed before the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force. 2002, c. 18, Sched. J, s. 3 (9).

Availability

16.  An employer shall ensure that all of the records and documents required to be retained under sections 15 and 15.1 are readily available for inspection as required by an employment standards officer, even if the employer has arranged for another person to retain them. 2000, c. 41, s. 16; 2004, c. 21, s. 3.

PART VII
HOURS OF WORK AND EATING PERIODS

Limit on hours of work

17.  (1)  Subject to subsections (2) and (3), no employer shall require or permit an employee to work more than,

(a) eight hours in a day or, if the employer establishes a regular work day of more than eight hours for the employee, the number of hours in his or her regular work day; and

(b) 48 hours in a work week. 2004, c. 21, s. 4.

Exception: hours in a day

(2)  An employee’s hours of work may exceed the limit set out in clause (1) (a) if the employee has made an agreement with the employer that he or she will work up to a specified number of hours in a day in excess of the limit and his or her hours of work in a day do not exceed the number specified in the agreement. 2004, c. 21, s. 4.

Exception: hours in a work week

(3)  An employee’s hours of work may exceed the limit set out in clause (1) (b) if,

(a) the employee has made an agreement with the employer that he or she will work up to a specified number of hours in a work week in excess of the limit;

(b) the employer has received an approval under section 17.1 that applies to the employee or to a class of employees that includes the employee; and

(c) the employee’s hours of work in a work week do not exceed the lesser of,

(i) the number of hours specified in the agreement, and

(ii) the number of hours specified in the approval. 2004, c. 21, s. 4.

Same, pending approval

(4)  Despite subsection (3), an employee’s hours of work may exceed the limit set out in clause (1) (b) even though the employer has not received the approval described in clause (3) (b), if,

(a) the employee has made an agreement described in clause (3) (a) with the employer;

(b) the employer has served on the Director an application for an approval under section 17.1;

(c) the application is for an approval that applies to the employee or to a class of employees that includes the employee;

(d) 30 days have passed since the application was served on the Director;

(e) the employer has not received a notice that the application has been refused;

(f) the employer’s most recent previous application, if any, for an approval under section 17.1 was not refused;

(g) the most recent approval, if any, received by the employer under section 17.1 was not revoked;

(h) the employer has posted and kept posted a copy of the application in at least one conspicuous place in the workplace where the employee works, so that it is likely to come to the employee’s attention; and

(i) the employee’s hours of work in a work week do not exceed any of,

(i) the number of hours specified in the application,

(ii) the number of hours specified in the agreement, and

(iii) 60 hours. 2004, c. 21, s. 4.

Document re employee rights

(5)  An agreement described in subsection (2) or in clause (3) (a) is not valid unless,

(a) the employer has, before the agreement is made, provided the employee with a copy of the most recent document published by the Director under section 21.1; and

(b) the agreement contains a statement in which the employee acknowledges that he or she has received a document that the employer has represented is the most recent document published by the Director under section 21.1. 2004, c. 21, s. 4.

Revocation by employee

(6)  An employee may revoke an agreement described in subsection (2) or in clause (3) (a) two weeks after giving written notice to the employer. 2004, c. 21, s. 4.

Revocation by employer

(7)  An employer may revoke an agreement described in subsection (2) or in clause (3) (a) after giving reasonable notice to the employee. 2004, c. 21, s. 4.

Transition: certain agreements

(8)  For the purposes of this section,

(a) an agreement to exceed the limit on hours of work in a day set out in clause (1) (a) of this section as it read on February 28, 2005 shall be treated as if it were an agreement described in subsection (2);

(b) an agreement to exceed the limit on hours of work in a work week set out in clause (1) (b) of this section as it read on February 28, 2005 shall be treated as if it were an agreement described in clause (3) (a); and

(c) an agreement to exceed the limit on hours of work in a work week set out in clause (2) (b) of this section as it read on February 28, 2005 shall be treated as if it were an agreement described in clause (3) (a). 2004, c. 21, s. 4.

Document re employee rights – exceptions

(9)  Subsection (5) does not apply in respect of,

(a) an agreement described in subsection (8); or

(b) an agreement described in subsection (2) or in clause (3) (a) in respect of an employee who is represented by a trade union. 2004, c. 21, s. 4.

Transition: document re employee rights

(10)  On or before June 1, 2005, an employer who made an agreement described in subsection (8) with an employee who is not represented by a trade union shall provide the employee with a copy of the most recent document published by the Director under section 21.1. 2004, c. 21, s. 4.

Transition: application for approval before commencement

(11)  If the employer applies for an approval under section 17.1 before March 1, 2005, the 30-day period referred to in clause (4) (d) shall be deemed to end on the later of,

(a) the last day of the 30-day period; and

(b) March 1, 2005. 2004, c. 21, s. 4.

Hours in work week: application for approval

17.1  (1)  An employer may apply to the Director for an approval allowing some or all of its employees to work more than 48 hours in a week. 2004, c. 21, s. 4.

Form

(2)  The application shall be in a form provided by the Director. 2004, c. 21, s. 4.

Service of application

(3)  The application shall be served on the Director,

(a) by being delivered to the Director’s office on a day and at a time when it is open;

(b) by being mailed to the Director’s office using a method of mail delivery that allows delivery to be verified; or

(c) by being sent to the Director’s office by electronic transmission or by telephonic transmission of a facsimile. 2004, c. 21, s. 4.

When service effective

(4)  Service under subsection (3) shall be deemed to be effected,

(a) in the case of service under clause (3) (a), on the day shown on a receipt or acknowledgment provided to the employer by the Director or his or her representative;

(b) in the case of service under clause (3) (b), on the day shown in the verification;

(c) in the case of service under clause (3) (c), on the day on which the electronic or telephonic transmission is made, subject to subsection (5). 2004, c. 21, s. 4.

Same

(5)  Service shall be deemed to be effected on the next day on which the Director’s office is not closed, if the electronic or telephonic transmission is made,

(a) on a day on which the Director’s office is closed; or

(b) after 5 p.m. on any day. 2004, c. 21, s. 4.

Application to be posted

(6)  An employer who makes an application under subsection (1) shall,

(a) on the day the application is served on the Director, post a copy of the application in at least one conspicuous place in every workplace of the employer where the employee or class of employees in respect of whom the application applies works, so that it is likely to come to the attention of the employee or class of employees;

(b) keep the copy or copies posted as set out in clause (a) until an approval is issued or a notice of refusal is given to the employer. 2004, c. 21, s. 4.

Criteria

(7)  The Director may issue an approval to the employer if the Director is of the view that it would be appropriate to do so. 2004, c. 21, s. 4.

Same

(8)  In deciding whether it is appropriate to issue an approval to the employer, the Director may take into consideration any factors that he or she considers relevant, and, without restricting the generality of the foregoing, he or she may consider,

(a) any current or past contraventions of this Act or the regulations on the part of the employer;

(b) the health and safety of employees; and

(c) any prescribed factors. 2004, c. 21, s. 4.

Employees to whom approval applies

(9)  An approval applies to the employee or class of employees specified in the approval, and applies to every employee in a specified class whether or not the employee was employed by the employer at the time the approval was issued. 2004, c. 21, s. 4.

Same

(10)  For greater certainty, all the employees of the employer may constitute a specified class. 2004, c. 21, s. 4.

Approval to be posted

(11)  An employer to whom an approval is issued shall,

(a) remove the copy or copies of the application that were posted under subsection (6); and

(b) post the approval or a copy of the approval in at least one conspicuous place in every workplace of the employer where the employee or class of employees in respect of whom the approval applies works, so that it is likely to come to the attention of the employee or class of employees. 2004, c. 21, s. 4.

Same

(12)  The employer shall keep each approval or copy posted as set out in clause (11) (b) until the approval expires or is revoked, and shall then remove it. 2004, c. 21, s. 4.

Expiry

(13)  An approval under this section expires on the date that is specified in the approval, which shall not be more than three years after the approval was issued. 2004, c. 21, s. 4.

Same

(14)  Despite subsection (13), an approval under this section that would allow an employee to work more than 60 hours in a week shall specify an expiry date that is not more than one year after the approval was issued. 2004, c. 21, s. 4.

Conditions

(15)  The Director may impose conditions on an approval. 2004, c. 21, s. 4.

Revocation

(16)  The Director may revoke an approval on giving the employer such notice as the Director considers reasonable in the circumstances. 2004, c. 21, s. 4.

Criteria

(17)  In deciding whether to impose conditions on or to revoke an approval, the Director may take into consideration any factors that he or she considers relevant, including but not limited to any factor that the Director could consider under subsection (8). 2004, c. 21, s. 4.

Further applications

(18)  For greater certainty, nothing in this section prevents an employer from applying for an approval after an earlier approval expires or is revoked or after an application is refused. 2004, c. 21, s. 4.

Refusal to approve

(19)  If the Director decides that it is inappropriate to issue an approval to the employer, the Director shall give notice to the employer that the application for approval has been refused. 2004, c. 21, s. 4.

Notice to be posted

(20)  An employer who receives notice from the Director that an application has been refused shall,

(a) remove the copy or copies of the application that were posted under subsection (6); and

(b) for the 60-day period following the date on which the notice was issued, post and keep posted the notice or a copy of it in at least one conspicuous place in every workplace of the employer where the employee or