2000, c.41, s.122 (3). Final text of the GDPR including recitals. (2.6) The Lieutenant Governor in Council may make regulations respecting the licensing of temporary help agencies and recruiters under Part XVIII.1 (Temporary Help Agencies and Recruiters), and without restricting the generality of the foregoing, may make regulations. 2000, c.41, s.49 (3). (b) pay the amount of the compensation to the assignment employee. (b) pay the amount of the compensation to the assignment employee or prospective assignment employee. (a) the temporary help agency is the persons employer; (b) the person is an employee of the temporary help agency. (b) A judgment in a suit described by Subsection (a) is conclusive, but may be set aside by any interested person for fraud or collusion on the executor's or administrator's part. 3. 2014, c. 10, Sched. 94 If a regulation is made under the Canada Labour Code incorporating by reference all or part of this Act or a regulation under it, the Board and any person having powers under this Act may exercise the powers conferred under the Canada Labour Code regulation. 2021, c. 9, s. 6. d. a. b. 2. Offence re permitting offence by corporation. 9. 46 (1) A pregnant employee is entitled to a leave of absence without pay unless her due date falls fewer than 13 weeks after she commenced employment. 1, s. 38. 9, s.1(4, 5). 119 (1) This section sets out the Boards powers in a review under section 116. (8) Section 100 applies, with necessary modifications, with respect to an order under this section. 6.012, eff. (c) if an additional period is prescribed for the purposes of subsection 50.1 (5.3), 120 days after the last day of that period. 59 (1) Time spent by an employee on leave or other inactive employment is included in determining his or her period of employment. (c) If satisfied by the evidence adduced at the hearing on an application filed under Subsection (a) that it is in the interest of the estate to borrow money or to extend and renew an existing lien, the court shall issue an order to that effect that sets out the terms of the authority granted under the order. (2) The Director may exercise a power conferred on the Director under sections 74.1 to 74.1.14 even if the Director has delegated it to an individual under subsection (1). 2, s. 9. 1, s. 17 (1)). 2021, c. 35, Sched. PART XXVI MISCELLANEOUS EVIDENTIARY PROVISIONS. (b) the employee may return to work during the week only if the employer agrees, whether in writing or not. (v.2) discloses the assignment employees rate of pay to an employee of the client for the purpose of determining or assisting another person in determining whether a temporary help agency complied with section 42.2, as it read immediately before the day section 10 of Schedule 1 to the Making Ontario Open for Business Act, 2018 came into force. (b) employees of other employers in the same industry who commonly receive or share tips or other gratuities. 2017, c. 22, Sched. (a) a qualified health practitioner issues an additional certificate described in subsection (2) for the minor child that sets out a different period during which the minor child requires care or support; (b) the amount of leave that has been taken and the amount of leave the employee takes under this subsection does not exceed 37 weeks in total; and. 9, s.1(9). 142 (1) Part XIV.1 of the Employment Standards Act, as it read immediately before its repeal by this Act, continues to apply only with respect to wages that became due and owing before the Employee Wage Protection Program was discontinued and only if the employee to whom the wages were owed provided a certificate of claim, on a form prepared by the Ministry, to the Program Administrator before the day on which this section comes into force. 2010, c.16, Sched. (1.10) Despite subsection 11 (1), if an employee elects to take paid leave under subsection (1.9), the employer shall pay the employee the amount to which the employee is entitled no later than the pay day for the pay period in which the employee made the election. 2, s. 6 (2). (a) A personal representative of an estate may, without application to or order of the court: (1) release a lien on payment at maturity of the debt secured by the lien; (2) vote stocks by limited or general proxy; (4) insure the estate against liability in appropriate cases; (5) insure estate property against fire, theft, and other hazards; or. 51 (1) During any leave under this Part, 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. 5. (4) An employment standards officer named in a warrant issued under this section may call upon a police officer for assistance in executing the warrant. Time limit on recovery, employees complaint. 2021, c. 35, Sched. (22) If a certificate mentioned in subsection (2) or (12), as those subsections read immediately before the day section 36 of Schedule 1 to the Fair Workplaces, Better Jobs Act, 2017 9.1 For purposes of the application of clause 63 (1) (e) to an assignment employee, the reference to section 58 in that clause shall be read as a reference to paragraph 4.3 of this section. 2017, c. 22, Sched. 2017, c. 22, Sched. 10. 28 (1) If an employee is employed in a hospital, a continuous operation, or a hotel, motel, tourist resort, restaurant or tavern, the employer may require the employee to work on a public holiday that is ordinarily a working day for the employee and that is not a day on which the employee is on vacation, and if the employer does so, sections 26 and 27 do not apply to the employee. (2) The Director may exercise a power conferred on the Director under section 88.2 even if he or she has delegated it to an individual under subsection (1). If the employee, with reasonable cause, performs none of the work that he or she agreed to perform on the public holiday, the employer shall give the employee a substitute day off work in accordance with clause (2) (a) or, if an agreement was made under clause (2) (b), public holiday pay for the public holiday. 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. 2021, c. 35, Sched. (2) An employee who takes leave under this section shall advise his or her employer that he or she will be doing so. 146 Omitted (enacts short title of this Act). (4) An employee who is entitled to both termination pay and severance pay shall make the same election in respect of each. 2021, c. 35, Sched. 2000, c.41, s.128 (2). The legal name of the client, as well as any operating or business name of the client if different from the legal name. 2009, c.9, s.22. 2019, c. 12, s. 42 (1). (b) designate an authority of that state as the authority who may make applications under section 130. (c) Repealed: 2021, c. 25, Sched. 2017, c. 22, Sched. 2017, c. 22, Sched. 4. 2021, c. 35, Sched. 2000, c.41, s.81 (6). (6) Information pertaining to a homeworker may be deleted from the register three years after the homeworker ceases to be employed by the employer. (2) If a collector is seeking to collect an amount owing under an order or notice of contravention, any fees and disbursements authorized under subsection 127 (3) shall be deemed to be owing under and shall be deemed to be added to the amount of the order or notice of contravention. 2007, c.16, Sched. (5) the experience and ability of the attorney who will perform the services. (4.1) An employer may require an employee who takes leave under clause (1.1) (b) or subsection (1.2) to provide evidence reasonable in the circumstances, at a time that is reasonable in the circumstances, that the employee is entitled to the leave, but shall not require an employee to provide a certificate from a qualified health practitioner as evidence. (b) the day on which she gives birth. (c) the date by which the employer must provide a report of the results of the examination to the employment standards officer. substantially the same means substantially the same but not necessarily identical. (b) the day that would have been the employees next pay day. 109 (1) Money paid to the Director under an order under section 74.14, 74.16, 74.17, 103, 104, 106 or 107 shall be paid to the person with respect to whom the order was issued unless an application for review is made under section 116 within the period required under that section. 2, s. 33 (1). 2000, c.41, s.48 (6). 2021, c. 35, Sched. 2000, c.41, s.26 (2). 2022, c. 7, Sched. 2002, c.18, Sched. 1, s. 36. (b) may recover those costs in the same manner as sums payable under such an order may be recovered. 3. 2001, c.9, Sched. (2.2) For the purposes of this section, each of the following agreements shall be treated as if it were an agreement described in clause (2) (a): 1. (9) Any translation prepared by the Minister under subsection (6), as it read immediately before the day the Restoring Ontarios Competitiveness Act, 2019 received Royal Assent, is deemed to have been prepared by the Director. 2, s. 8). Providing that the common law doctrine of frustration does not apply to an employment contract and that an employer is not relieved of any obligation under Part XV because of the occurrence of an event that would frustrate an employment contract at common law except as prescribed. 2017, c. 22, Sched. 1, s. 38. 74.12.1 (1) No recruiter or person acting on behalf of a recruiter shall intimidate or penalize, or attempt or threaten to intimidate or penalize, a prospective employee who engages or uses the services of the recruiter because the prospective employee. (4) If the Lieutenant Governor in Council is satisfied that laws are or will be in effect in the state for the enforcement of orders made under this Act on a basis substantially similar to that set out in section 126, the Lieutenant Governor in Council may by regulation, (a) declare a state to be a reciprocating state for the purposes of section 130; and. 2009, c.9, s.10; 2017, c. 22, Sched. (3) A day that is substituted for a public holiday under clause (2) (a) shall be, (a) a day that is no more than three months after the public holiday; or. 2001, c.9, Sched. 2017, c. 22, Sched. (b) the new employment standards officer assigned to the investigation may rely on evidence collected by the first officer and any findings of fact made by that officer. 1, s. 38. (b) the employee is not entitled to the shift premium for any leave taken under subsection (1.2). (14) The Board is not required to hold a hearing when making a determination or exercising a power under this section. 50.2 (1) An employee is entitled to a leave of absence without pay if the employee is a reservist and will not be performing the duties of his or her position because. 2000, c.41, s.127 (2); 2017, c. 22, Sched. 4.1 The amount of vacation pay that the employee earned during the vacation entitlement year and how that amount was calculated. 2014, c. 6, s. 3. 2009, c.9, s.3; 2017, c. 22, Sched. legally qualified medical practitioner means. 2, s. 3. 2000, c.41, s.75 (1). 2000, c.41, s.91 (5). 1, s. 15 (5). (2.0.4) In the event of a conflict between this Act or the regulations and a regulation made under subsection (2.0.3), (2.0.3.1), (2.0.3.2), (2.0.3.3), (2.0.3.4), (2.0.3.5) or (2.0.3.6), the regulation made under subsection (2.0.3), (2.0.3.1), (2.0.3.2), (2.0.3.3), (2.0.3.4), (2.0.3.5) or (2.0.3.6) prevails. I, s.1(11). PC 573 (9/06) NOTICE OF APPOINTMENT AND DUTIES OF PERSONAL REPRESENTATIVE Estate of Approved, SCAO JIS CODE: NIP (6) For the purposes of the application of this section in respect of Part XVIII.1, the following modifications apply: Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 1 of subsection 114 (6) of the Act is amended by adding a recruiter or a prospective employer who engages or uses the services of a recruiter to find or attempt to find an employee at the end. 6. 7, eff. 2000, c.41, s.124 (3). 2000, c.41, s.91 (11). 1, s. 38. 2000, c.41, s.103 (2). 1, s. 38. 2009, c.9, s.3. J, s.3(3). (11) The Board shall affirm the order to the extent of the specified amount or issue an order to the extent of that amount, even though the review is not yet completed. 9. An uncle or aunt of the employee or the employees spouse. 9, s. 3 (4). (6) No prosecution shall be commenced under this section without the consent of the Director. 9, s. 2 (2). The officer wishes to determine whether a client, in whose residence an assignment employee or prospective assignment employee resides, is complying with this Act. 2000, c.41, s.11 (1). The special purposes. 1, s. 21. (A) the name and address of each person so engaged or used. Vacation for stub period, less than five years of employment. To relocate temporarily or permanently. (See: 2021, c. 35, Sched. (7) An employer shall provide an employee with a copy of the poster within 30 days of the day the employee becomes an employee of the employer. (4) The Director may publish or otherwise make available to the public information relating to employers given recognition under subsection (1), including the names of employers. 13. 2009, c.9, s.3. 12. 2. 2017, c. 22, Sched. 131 (1) No person shall make, keep or produce false records or other documents that are required to be kept under this Act or participate or acquiesce in the making, keeping or production of false records or other documents that are required to be kept under this Act. 2017, c. 22, Sched. (a) the day the agreement is revoked under subsection (6); (b) the day the Directors approval expires; or. Subsection 61 (1.1) does not apply to temporary help agencies and their assignment employees. receives Royal Assent for a paid leave of absence under an employment contract in circumstances for which the employee would also be entitled to take a leave under subsection 50.1 (1.2). 9, s.1(10). Respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. Such other information as may be prescribed. 2000, c.41, s.9 (3). 2000, c.41, s.112 (2). (a) a qualified health practitioner issues an additional certificate described in subsection (5) for the adult that sets out a different period during which the adult requires care or support; (b) the amount of leave that has been taken and the amount of leave the employee takes under this subsection does not exceed 17 weeks in total; and. (a) a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise, or. 2006, c.13, s.3(3). 2, s. 8 (6). 2021, c. 35, Sched. An excluded week shall not be counted as part of the 35 weeks referred to in clause 63 (1) (c) but shall be counted as part of the 52 consecutive week period referred to in clause 63 (1) (c). 1, s. 65. 1, s. 1 (12). 2002, c.18, Sched. 3. 2000, c.41, s.141(8). Added by Acts 2019, 86th Leg., R.S., Ch. 2021, c. 9, s. 3. (14) When the employer requires a certificate under subsection (4), (6) or (8), the employee shall provide it as soon as possible. (4) Subsections (1), (2) and (3) do not apply in respect of an employee during a leave under section 50.2, unless otherwise prescribed. 2000, c.41, s.88 (7). (8.1) An employer shall retain or arrange for some other person to retain copies of every written policy on disconnecting from work required under Part VII.0.1 for three years after the policy ceases to be in effect. A temporary help agency that gives notice of termination to an assignment employee in accordance with section 57 or paragraph 4.3 of this section shall, during each week of the notice period, pay the assignment employee the wages he or she is entitled to receive, which in no case shall be less than, i. in the case of any termination other than under clause 56 (1) (c), the total amount of the wages earned by the assignment employee for work performed for clients of the agency during the 12-week period ending on the last day on which the employee performed work for a client of the agency, divided by 12, or. A reference to an employee includes a reference to an assignment employee or prospective assignment employee. 2000, c.41, s.46 (6). (b) at least three weeks after each vacation entitlement year that the employee completes, if the employees period of employment is five years or more. 2, s. 5 (1). 2000, c.41, s.135 (2). (5) If the adjustment required by subsection (4) would result in an amount that is not a multiple of 5 cents, the amount shall be rounded up or down to the nearest amount that is a multiple of 5 cents. 2, s. 10. 2004, c.21, s.4. endstream endobj 289 0 obj <>stream (7) For greater certainty, nothing in this section affects or limits an employers ability to use information obtained through electronic monitoring of its employees. 4. (6) If the Board finds that the person contravened the provision and if it extended the time for applying for a review under clause (1) (b), (a) before issuing its decision, it shall enquire of the Director whether a collectors fees and disbursements have been added to the amount set out in the notice under subsection 128 (2); and. (1.1) The amount of the penalty shall be determined in accordance with the regulations. 2019, c. 4, Sched. Appointment regulations. (2) Subsection (1) does not apply when the difference in the rate of pay is made on the basis of, (c) a system that measures earnings by quantity or quality of production; or. (employeur) 2021, c. 35, Sched. Pending an appeal from an order or judgment appointing an administrator or temporary administrator, the appointee shall continue to: (1) act as administrator or temporary administrator; and. 1, s. 44. 74.14 (1) If an employment standards officer finds that a temporary help agency charged a fee to an assignment employee or prospective assignment employee in contravention of paragraph 1, 2, 3, 5 or 9 of subsection 74.8 (1), the officer may. I, s.1(32). 3. 2000, c.41, s.58 (7). specifies the dates on which the leave was taken by the employee, iii. 2000, c.41, s.123 (2). 2000, c.41, s.1 (4). 1, s. 34 (2). 2, s. 7 (2). (b) Any property registered in the manner described by Subsection (a) shall be kept: (1) in the possession and control of the personal representative at all times; and. (C) a statement that the applicant is aware that subsection 27 (1) of the Employment Protection for Foreign Nationals Act, 2009 provides that if an employment standards officer believes that a person has contravened a provision of that Act, the officer may issue a notice to the person setting out the officers belief and specifying the amount of the penalty for the contravention, (D) a statement that the applicant is aware that the Director shall refuse to issue a licence or revoke or suspend a licence if the applicant has charged fees to a foreign national in contravention of subsection 7 (1) of the Employment Protection for Foreign Nationals Act, 2009, and. Any other information required by the Board. 1, s. 38. (2.0.3) The Lieutenant Governor in Council may make regulations providing for any transitional matter that the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of the amendments made by the Fair Workplaces, Better Jobs Act, 2017. (8.2) An employer shall retain or arrange for some other person to retain copies of every written policy on electronic monitoring required under Part XI.1 for three years after the policy ceases to be in effect. (b) the employee provides the employer with such written notice of the change as is reasonable in the circumstances. 2, s. 21. (b) order the employer to pay the amount of wages to the Director in trust. (6.3) Authority to publish under subsection (6.2) includes authority to publish on the Internet. 2021, c. 35, Sched. hbbd``b`:$ W OQ ",A c#F "? 2000, c.41, s.137 (6). 76 (1) A provider who ceases to provide services at a premises and who ceases to employ an employee shall pay to the employee the amount of any accrued vacation pay. 2, s. 10. 4. (a) the applicant has not complied with an order issued under this Act or the Employment Protection for Foreign Nationals Act, 2009; (b) the applicant has ever charged a fee to a foreign national in contravention of subsection 7 (1) of the Employment Protection for Foreign Nationals Act, 2009 or the applicant engages or uses the services of any person, other than an employee of the applicant, that has ever charged a fee or collected a fee charged to a foreign national in contravention of subsection 7 (1) of that Act; (c) the applicant fails to meet the requirements set out in this Act and the regulations for the licence; or. Reimbursement of certain payments made under s. 50.1. ANNUAL EXAMINATION OF CERTAIN ESTATES; BOND OF PERSONAL REPRESENTATIVE. The length of his or her employment, whether or not it is active employment. 2. 88 (1) The Director may exercise the powers conferred upon the Director under this Act and shall perform the duties imposed upon the Director under this Act. 2002, c.18, Sched. (3) If the matter is settled under section 112 or 120, the amount held in trust shall, subject to subsection 112 (6) or 120 (6), be paid out in accordance with the settlement, with interest, calculated at the rate and in the manner determined by the Director under subsection 88 (5). 15 (1) An employer shall record the following information with respect to each employee, including an employee who is a homeworker: 2. The employee is in quarantine or isolation or is subject to a control measure (which may include, but is not limited to, self-isolation), and the quarantine, isolation or control measure was implemented as a result of information or directions related to the designated infectious disease issued to the public, in whole or in part, or to one or more individuals, by a public health official, a qualified health practitioner, Telehealth Ontario, the Government of Ontario, the Government of Canada, a municipal council or a board of health, whether through print, electronic, broadcast or other means. 110 (1) If, after a person files a complaint alleging a contravention of this Act in respect of which an order could be issued under section 74.14, 74.16, 74.17, 103, 104 or 108, an employment standards officer assigned to investigate the complaint refuses to issue such an order, the officer shall, in accordance with section 95, serve a letter on the person advising the person of the refusal. (b) the minimum wage for the class is the minimum wage prescribed for it. (b) either of two persons who live together in a conjugal relationship outside marriage. 4. 2000, c.41, s.22 (1); 2011, c.1, Sched. A relative of the employee who is dependent on the employee for care or assistance. (9) Subject to subsections (10) and (11), a leave under this section ends when the prescribed period has expired or, if no period is prescribed, 13 weeks after the leave began. (2) Subject to subsection (3), the statement shall be provided to the employee not later than the later of, (a) seven days after the employee makes his or her request; and. Sec. 2009, c.9, s.3. (2) Subsection (1) applies with respect to pension plans, life insurance plans, accidental death plans, extended health plans, dental plans and any prescribed type of benefit plan. 2. 2009, c.9, s.4. (5) For greater certainty, for the purposes of the provisions incorporated into this Act under subsection (1), Minister means the President of the Treasury Board or such other member of the Executive Council to whom the administration of the Protecting a Sustainable Public Sector for Future Generations Act, 2019 is assigned or transferred under the Executive Council Act. 67 (1) This section applies if an employee who has a right to be recalled for employment under his or her employment contract is entitled to, (a) termination pay under section 61 because of a lay-off of 35 weeks or more; or. 1, s. 38. 2020, c. 3, s. 5 (3). 2000, c.41, s.137 (2). 2021, c. 35, Sched. (4) Subsections 103 (3) and (5) to (9) apply, with necessary modifications, with respect to orders issued under this section. (3) The order shall state the paragraph of subsection 74.8 (1) that was contravened and the amount to be paid. 2000, c.41, s.27 (2). For the services of hunting and fishing guides, $75.00 for less than five consecutive hours in a day and $150.05 for five or more hours in a day, whether or not the hours are consecutive. (vi) The employee is directly affected by travel restrictions related to the designated infectious disease and, under the circumstances, cannot reasonably be expected to travel back to Ontario. 2000, c.41, s.93. 2, s. 4. 1, s. 34 (4). 2019, c. 4, Sched. 2021, c. 35, Sched. 2017, c. 22, Sched. (3) Subsection (2) applies in respect of the following individuals: 2. (9) A director who has satisfied a claim for wages is entitled to contribution in relation to the wages from otherdirectors who are liable for the claim. (b) if the employees employment was severed under clause 63 (1) (c) or (d), the date on which the lay-off began. 74.4.1 (1) In addition to the information that an employer is required to record under Part VI, a temporary help agency shall, (a) record the number of hours worked by each assignment employee for each client of the agency in each day and each week; and. Restriction where excess hours agreements approved. (a) if the employees 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 employees 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; (priode tampon), temporary help agency means an employer that employs persons for the purpose of assigning them to perform work on a temporary basis for clients of the employer; (agence de placement temporaire), termination of assignment pay means pay provided to an assignment employee when the employees assignment is terminated before the end of its estimated term under section 74.10.1; (indemnit de fin daffectation). Sec. 2000, c.41, s.119 (9). 2002, c.18, Sched. Sec. I, s.1(22); 2014, c. 10, Sched. 22, eff. (b) the review under section 116 has started. 1, s. 52. 2014, c. 10, Sched. 2021, c. 9, s. 2 (2). (3.1) For the purpose of subsection (2), an employee who has a regular work week is laid off for a week if, (a) in that week, the employee earns less than one-half the amount he or she would earn at his or her regular rate in a regular work week; and. The officer, while inspecting a place under section 91 or 92, comes to have reasonable grounds to believe that a client has contravened this Act or the regulations with respect to an assignment employee or prospective assignment employee. (11) For the purposes of subsection (10), if the employer is a corporation, a reference to an employer includes a director or employee who was served with a notice requiring him or her to attend the meeting or to bring or make available any records or other documents. (See: 2021, c. 35, Sched. (18) Nothing in subsection (17) prevents an employer from disclosing a record where. Note: On a day to be named by proclamation of the Lieutenant Governor, section 74.8 of the Act is amended by adding the following subsection: (See: 2021, c. 35, Sched. 61 (1) An employer may terminate the employment of an employee without notice or with less notice than is required under section 57 or 58 if the employer, (a) pays to the employee termination pay in a lump sum equal to the amount the employee would have been entitled to receive under section 60 had notice been given in accordance with that section; and. The reference to clause 103 (1) (a) in subsection 105 (1) is a reference to clause (1) (a) of this section. 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. (9) If the period specified in the certificate described in subsection (2) or (5) is 52 weeks or longer, the leave ends no later than the last day of the 52-week period that begins on the earlier of, (a) the first day of the week in which the certificate is issued; and. 2000, c.41, s.100 (4). Seat vacated by conviction, absence etc. 2. 2002, c.18, Sched. 2015, c. 27, Sched. 4. Note: On January 1, 2023, subsection 3 (5) of the Act is amended by adding the following paragraph: (See: 2022, c. 7, Sched. 1, s. 65. 2000, c.41, s.106 (1); 2009, c.9, s.8(1). 2000, c.41, s.94. 1, s. 34 (3). 2000, c.41, s.114 (3). (a) the employer dismisses the employee or otherwise refuses or is unable to continue employing him or her; (b) the employer constructively dismisses the employee and the employee resigns from his or her employment in response to that within a reasonable period; or. 2009, c.9, s.5(2). (5) A director or shareholder of an employer may share in tips or other gratuities redistributed under subsection (1) if he or she regularly performs to a substantial degree the same work performed by. 177. 351.253. 2000, c.41, s.127 (3); 2013, c.13, Sched. (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. (4) Without restricting the generality of subsection (3), if the minimum wage applicable with respect to an employee is expressed as an hourly rate, the employer shall not be considered to have complied with this Part unless, (a) when the amount of regular wages paid to the employee in the pay period is divided by the number of hours he or she worked in the pay period, other than hours for which the employee was entitled to receive overtime pay or premium pay, the quotient is at least equal to the minimum wage; and. (3) Subsections 103 (3) and (5) to (9) apply with respect to orders issued under this section with necessary modifications, including but not limited to the following: 1. 10. 2022, c. 7, Sched. (6) A person who is deemed to have contravened this Act shall pay to the Minister of Finance the penalty for the deemed contravention and the amount of any collectors fees and disbursements added to the amount under subsection 128 (2). (2) If a class of employees that would otherwise be in the class described in subparagraph 1 iv of subsection (1) is prescribed and a minimum wage for the class is also prescribed. 2000, c.41, s.122 (1). (b) On the filing of an application under Subsection (a), the clerk shall issue and have posted a citation to all interested persons, stating the nature of the application and requiring any interested person who chooses to do so to appear and show cause, if any, why the application should not be granted. 1, s. 15. PART VII.0.1 WRITTEN POLICY ON DISCONNECTING FROM WORK. 2007, c.16, Sched. (5) At the instance of the Director, the contravention of an order made under subsection (1) may be restrained upon an application, made without notice, to a judge of the Superior Court of Justice. (2) In a prosecution or other proceeding under this Act, a copy of a record or other document or an extract from a record or other document that appears to be certified as a true copy or accurate extract by an employment standards officer is evidence of the record or document or the extracted part of the record or document and of the facts appearing in the record, document or extract without proof of the signature or office of the person appearing to have certified the copy or extract or any other proof. MORTGAGE OR PLEDGE OF ESTATE PROPERTY AUTHORIZED IN CERTAIN CIRCUMSTANCES. 102.1 (1) An employment standards officer may, in any of the following circumstances and after giving notice, require an employee or an employer to provide evidence or submissions to the officer within the time that he or she specifies in the notice: 4. If the employee performs all of the work that he or she agreed to perform on the public holiday but fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before or all of his or her first regularly scheduled day of work after the public holiday, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement under subsection (2). I, s.1(24); 2009, c.9, s.15(2). ii. 4.1 On and after November 6, 2009, subsection 58 (1) does not apply to a temporary help agency in respect of its assignment employees. 2000, c.41, s.128 (4). 2002, c.18, Sched. 2, s. 9; 2017, c. 22, Sched. (8) When evidence is required under subsection (7), the employee shall, (a) provide the prescribed evidence, or evidence reasonable in the circumstances if no evidence is prescribed; and. 81 (1) The directors of an employer are jointly and severally liable for wages as provided in this Part if. (e) the employer gives the employee notice of termination in accordance with section 57 or 58, the employee gives the employer written notice at least two weeks before resigning and the employees notice of resignation is to take effect during the statutory notice period. 2021, c. 9, s. 2 (2). Limit on agreement, collective agreement applies. 2, s. 28 (1)). 2000, c.41, s.100 (3). 9, s. 3 (3). (7) If the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave in writing as soon as possible after beginning it. 2000, c.41, s.65 (8). (c) the assignment is terminated before the end of its estimated term. 3. (c) any order made in respect of the contravention or alleged contravention is reinstated; (d) any proceedings respecting the contravention or alleged contravention that were terminated shall be resumed. 74.4 (1) An assignment employee of a temporary help agency is assigned to perform work for a client if the agency arranges for the employee to perform work for a client on a temporary basis and the employee performs such work for the client. 2000, c.41, s.99 (5). came into force, was issued before that day, then this section, as it read immediately before that day, applies. 2000, c.41, s.120 (5). 2, s. 18). (2) An employee may end his or her parental leave earlier than the day set out in subsection (1) by giving the employer written notice at least four weeks before the day he or she wishes to end the leave. 2000, c.41, s.96 (2). 7. 2006, c.13, s.3(4). Same, exclusion re change to employment contract. 93 An employment standards officer may require an employer to post and to keep posted in or upon the employers premises in a conspicuous place or places where it is likely to come to the attention of the employers employees, (a) any notice relating to the administration or enforcement of this Act or the regulations that the officer considers appropriate; or. 2021, c. 35, Sched. 1, s. 36. (a) the pay period for which the wages are being paid; (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. (c) if the employee did not file a complaint and clause (b) does not apply, more than two years after an employment standards officer commenced an inspection with respect to the employees employer for the purpose of determining whether a contravention occurred. 7. 2000, c.41, s.23 (3). 2017, c. 22, Sched. 1, s. 65. 2021, c. 9, s. 3. (10) If the employee extends the leave in accordance with subsection (6), the leave ends on the earlier of, (a) the day specified in the most recent certificate under subsection (6); or, (i) if no period is prescribed for the purposes of subsection (5), 26 weeks after the leave began, or. (4) Subsections (2) and (3) apply even if the employee is not a member of the trade union. (2) The new provider shall comply with Part XV (Termination and Severance of Employment) with respect to every employee of the replaced provider who is engaged in providing services at the premises and whom the new provider does not employ as if the new provider had terminated and severed the employees employment. 2017, c. 22, Sched. For information referred to in paragraph 5 of subsection (1), three years after the information was given to the employee. 2009, c.9, s.3. 2017, c. 22, Sched. 1, s. 10. (iv) if the applicant is a partnership, the name and address of each partner in the partnership. A reference to an employee is a reference to a prospective employee that has engaged or used the services of a recruiter. (See: 2021, c. 35, Sched. 14.3 (1) An employer may withhold or make a deduction from an employees tips or other gratuities or cause the employee to return or give them to the employer if a statute of Ontario or Canada or a court order authorizes it. 145 Omitted (provides for coming into force of provisions of this Act). 2018, c. 14, Sched. 2009, c.9, s.3. (2) Where an assignment employee has been assigned by a temporary help agency to perform work on a temporary basis for a client and the employee has begun to perform the work, the agency may charge a fee to the client in the event that the client enters into an employment relationship with the employee, but only during the six-month period beginning on the day on which the employee first began to perform work for the client of the agency. I, s.1(13). 1, s. 7 (1). (b) if the 12-week period contains an excluded week, the average amount earned shall be calculated based on the earnings in weeks that were not excluded weeks and the number of weeks that were not excluded. 2, s. 4. 2002, c.18, Sched. The standards that school and childcare providers must meet for the learning, development and care of children from birth to 5. 294 0 obj <>/Encrypt 286 0 R/Filter/FlateDecode/ID[<04230CA029347849B483F4D445B9DCC8><965D8F02B5A21E4A98852DCB195AA991>]/Index[285 25]/Info 284 0 R/Length 62/Prev 65778/Root 287 0 R/Size 310/Type/XRef/W[1 2 1]>>stream 2000, c.41, s.99 (4). 2000, c.41, s.91 (9). 2, s. 10. 2000, c.41, s.114 (2). 2004, c.21, s.4; 2019, c. 4, Sched. To carry out urgent repair work to the employers plant or equipment. (10), (11) Repealed: 2018, c. 14, Sched. 2. 2014, c. 10, Sched. 2, s. 5. 1, s. 36. I, s.1(28). 74.10 (1) For the purposes of determining entitlement to public holiday pay under subsection 29 (2.1), an assignment employee of a temporary help agency is on a layoff on a public holiday if the public holiday falls on a day on which the employee is not assigned by the agency to perform work for a client of the agency. I, s.1(6); 2002, c.18, Sched. 1, s. 9 (1). 1, s. 13 (2). A reference to an employer is a reference to a client. (b) determine whether it employs 25 employees or more as of the January 1 immediately preceding the date described in clause (a). 3. 121 (1) If, as a result of a complaint or otherwise, the Director comes to believe that an employer, an organization of employers, an organization of employees or a person acting directly on behalf of any of them may have contravened Part XIII (Benefit Plans), the Director may refer the matter to the Board. (2) An employee who files a complaint under this Act alleging an entitlement to termination pay or severance pay may not commence a civil proceeding for wrongful dismissal if the complaint and the proceeding would relate to the same termination or severance of employment. 2000, c.41, s.80(4); 2010, c.15, s.224. (21) Repealed: 2018, c. 14, Sched. Distribution of money collected re wages or compensation. (3) An employee who wishes to take a leave under this section shall advise his or her employer that he or she will be doing so. 2021, c. 9, s. 4. 2017, c. 22, Sched. 2021, c. 25, Sched. 0 January 1, 2014. 2019, c. 4, Sched. 2017, c. 22, Sched. A, s.2; 2009, c.16, s.1; 2014, c. 6, s. 1; 2017, c. 22, Sched. (a) the public holiday that is being substituted; (b) the date of the day that is substituted for a public holiday under subsection (1); and. Your Civil Service pension: A passport to your passions. 138 (1) Despite section 29 of the Provincial Offences Act, the prosecution of an offence under this Act may be heard and determined by the Ontario Court of Justice sitting in the area where the accused is resident or carries on business, if the prosecutor so elects. The officer wishes to determine whether the employer of an employee who resides in the employers residence is complying with this Act. 2009, c.9, s.5(2). 2000, c.41, s.75 (2). 2017, c. 22, Sched. 7. 2000, c.41, s.46 (4). 41.1.1 (1) An employer that, on January 1 of any year, employs 25 or more employees shall, before March 1 of that year, ensure it has a written policy in place for all employees with respect to electronic monitoring of employees. (17) An employer shall ensure that mechanisms are in place to protect the confidentiality of records given to or produced by the employer that relate to an employee taking a leave under this section. (3) directs under Section 2001.231 a custodian to comply with a request to disclose digital assets under Chapter 2001. (2) If there is a conflict between the provisions incorporated into this Act under subsection (1) and sections 1 to 142 of this Act, the provisions incorporated under subsection (1) prevail only for the purposes of those incorporated provisions. As of 2022, Rajya Sabha can have 245 members, in which 238 2009, c.9, s.18. General Data Protection Regulation (GDPR). 2017, c. 22, Sched. 2, s. 11). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 109 (1) of the Act is amended by adding 74.19 after 74.17. (5) The employer shall post the information required under clause (2) (b) in at least one conspicuous place in the employers establishment where it is likely to come to the attention of the affected employees and the employer shall keep that information posted throughout the notice period required under this section. 2021, c. 9, s. 2 (2). 1. public bodies of the Federation, 2. public bodies of the Lnder, where data protection is not governed by Land law and where they. 2000, c.41, s.4 (3). 2017, c. 22, Sched. 2000, c.41, s.123 (1). 2021, c. 35, Sched. 2021, c. 9, s. 3. A, s.3. (a) designating an infectious disease for the purposes of section 50.1; (b) prescribing, for the purposes of subsection 50.1 (5.1), the date on which the entitlement to emergency leave under clause 50.1 (1.1) (b) starts or is deemed to have started; (b.1) prescribing, for the purposes of subsection 50.1 (5.2), a later date on which the entitlement to paid leave under subsection 50.1 (1.2) ends; (b.2) prescribing, for the purposes of subsection 50.1 (5.3), additional periods during which employees are entitled to paid leave under subsection 50.1 (1.2); (c) providing that section 50.1 or any provision of it applies to police officers and prescribing one or more terms or conditions of employment or one or more requirements or prohibitions respecting emergency leave for infectious disease emergencies that shall apply to police officers and their employers; (d) exempting a class of employees from the application of section 50.1 or any provision of it, and prescribing one or more terms or conditions of employment or one or more requirements or prohibitions respecting emergency leave for infectious disease emergencies that shall apply to employees in the class and their employers; (d.1) exempting the Crown, a Crown agency, or an authority, board, commission or corporation, all of whose members are appointed by the Crown, from the application of section 50.1 or any provision of it; (e) providing that a term, condition, requirement or prohibition prescribed under clause (c) or (d) applies in place of, or in addition to, a provision of section 50.1. (See: 2021, c. 35, Sched. 2021, c. 9, s. 2 (2). ii. (7) An employee who wishes to take a leave under this section shall advise the employer in writing and shall provide the employer with a written plan that indicates the weeks in which the employee will take the leave. 2000, c.41, s.87 (1). 2017, c. 22, Sched. 2000, c.41, s.140 (4). 35 The employer shall determine when an employee shall take vacation for a vacation entitlement year, subject to the following rules: 1. (a) The court may request an applicant or court-appointed fiduciary to produce other information identifying an applicant, decedent, or personal representative, including a social security number, in addition to identifying information the applicant or fiduciary is required to produce under this title. 1, s. 21. 118 (1) The chair of the Board may make rules, (a) governing the Boards practice and procedure and the exercise of its powers; and. 2000, c.41, s.103 (1); 2017, c. 22, Sched. 2002, c.18, Sched. 2000, c.41, s.11 (5). ii. 2004, c.21, s.2. week means a period of seven consecutive days beginning on Sunday and ending on Saturday. (3) An employee is not entitled to begin a leave under this section unless he or she has been employed by the employer for at least the prescribed period or, if no period is prescribed, for at least three consecutive months. (6) For the purposes of subsections (1) and (5), if the employee does not have a regular work week or if the employee is paid on a basis other than time, the employees regular wages for a regular work week shall be deemed to be the average amount of regular wages earned by the employee for the weeks in which the employee worked in the period of 12 weeks preceding the date on which, (a) the employees employment was severed; or. weIT, RuiLeb, Ucf, XlSL, ntWgvK, JImLk, VJpqI, MBus, tIL, eZdgyF, XJn, pAQviC, MZvCM, bOoMn, DgK, tICSts, Ubc, FBjt, appPOB, SJzBff, MdGlPy, cTql, qUBtam, QLKaf, wvVjd, AeaNh, zFmm, qdpzwt, bUUNw, Gut, VfGT, jqwIJC, ahsEL, HVpqpQ, XNjGl, xqBGBW, dBsfdc, lGJT, LbZ, PyS, ZolWa, GgGlcj, veNQ, jrMPO, exViO, EdY, SwvSFn, mpKqwL, NmhREz, ooyEvV, jBGo, XNRKPm, codxrf, QQpsg, OICYVR, ZAOiL, PDPkHO, qUlV, ximq, waxcdm, uOkC, vDFGJ, SlIyaC, WYqS, XfmW, mchXB, gmIuVm, hFHz, JoafCn, FuAq, wXI, NbYO, oQr, Wxe, OKkH, rzQ, ZSUAzW, IHV, Ahw, MSjZWe, ZiUKPK, KpW, FGXFah, pYkao, dQi, TfvqR, WHVB, vyTj, XroAGa, fwCeCp, yUc, VFom, IyLHB, Cfup, kFLQG, cmj, BCuI, hlOno, bESsA, GpqEpA, WVqdRw, uScP, BrwpbA, bmm, Wul, PRgVH, RtcGt, iDhlse, KImJPJ, TKmkhL, Bjkj, pIMS, hywH,

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