Subject to paragraph 4, if the vacation entitlement is equal to more than five days, at least five vacation days shall be taken in a period of consecutive days and the remaining vacation days may be taken in a separate period of consecutive days. 2000, c.41, s.91 (5). (2) Subject to subsections (3) and (4), if an employer and an employee make an agreement under subsection (1), (a) the employer shall pay to the employee wages at his or her regular rate for the hours worked on the public holiday and substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday; or. 2021, c. 9, s. 2 (2). A reference to an employee includes a reference to an assignment employee or prospective assignment employee. 4. 2000, c.41, s.133 (3). (a) applies to the Board in writing for a review; (b) in the case of an order under section 74.14 or 103, pays the amount owing under the order to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director in that amount; and. Bankruptcy and Insolvency Act (b) the employee must give the employer written notice that he or she is taking parental leave within two weeks after stopping work. 2000, c.41, s.58 (2). 2000, c.41, s.46 (2). 2009, c.9, s.3. 2000, c.41, s.15 (3); 2017, c. 22, Sched. 2000, c.41, s.100 (2). Appointment regulations. (7) Without restricting the generality of subsection (6), (a) on a review of an order, the Board may amend, rescind or affirm the order or issue a new order; and. (5) If, upon application to the Board, the employee demonstrates that he or she entered into the settlement as a result of fraud or coercion, (b) if the review concerned an order, the order is reinstated; and. (b) A personal representative, including an independent executor or independent administrator, may convey or enter into a contract to convey for attorney services a contingent interest in any property sought to be recovered under this subchapter in an amount that exceeds a one-third interest in the property only on the approval of the court in which the estate is being administered. 2000, c.41, s.106 (5). (10.5) Without restricting the generality of clause (10.4) (c), a notice given under subsection (10.1) may require the employer to include in the report to the employment standards officer. 2, s. 10. 2000, c.41, s.92 (1); 2009, c.32, s.51 (1). 2, s. 10. (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. 2000, c.41, s.99 (2). 2017, c. 22, Sched. 2021, c. 25, Sched. (prescrit) 2009, c.16, s.2. 2017, c. 22, Sched. (8) If an employment standards officer demands that a record or other thing be produced, the person who has custody of the record or thing shall produce it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form. 2000, c.41, s.105 (2). 2021, c. 35, Sched. (c) For purposes of determining a personal representative's authority with respect to a purchase, sale, lease, or other encumbrance of real property of a business that is part of an estate, a third party who deals in good faith with the representative with respect to the transaction may rely on the notice filed under Subsection (a) and an order entered under Section 351.202(a) and filed as part of the estate records maintained by the clerk of the court in which the estate is pending. 2002, c.18, Sched. (2.1) Despite subsection (2), when an employee in receipt of an actuarially unreduced pension benefit has his or her employment severed by an employer on or after November 6, 2009, time spent in the employers employ for which the employee received service credits in the calculation of that benefit shall not be included in determining whether he or she is eligible for severance pay under subsection 64 (1) and in calculating his or her severance pay under subsection (1). 2000, c.41, s.104 (1); 2009, c.9, s.7. (10.2) If an employer is required to conduct an examination under subsection (10.1), the employer shall conduct the examination and report the results of the examination to the employment standards officer in accordance with the notice. (9) If an employer fails to apply under section 2000, c.41, s.10 (1). 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 employees length or period of employment. all rights reserved. (1) The selection of a person for appointment under paragraph 141. The rights, powers, and duties of executors and administrators are governed by common law principles to the extent that those principles do not conflict with the statutes of this state. 2000, c.41, s.80(3). I, s.1(23). 1, s. 65. 2022, c. 7, Sched. (5) The order shall contain information setting out the nature of the amount found to be owing to the employee or be accompanied by that information. prescribe the duties to be performed by auditors appointed under section 253; 1997, c. 31, s. 6 (5). Protecting a Sustainable Public Sector for Future Generations Act, 2019 shall be deemed to form part of this Act and apply to, (a) Ontario Power Generation Inc. and each of its subsidiaries; and. (See: 2021, c. 35, Sched. If something unforeseen occurs, to ensure that continuous processes or seasonal operations are not interrupted. designated by the regulations for the purposes of this section; (maladie infectieuse dsigne). A person who considers the employee to be like a family member, provided the prescribed conditions, if any, are met. 4. (b) on a later day than was set out in the notice, if the employee gives the employer a new written notice at least two weeks before the day set out in the original notice. (13) If the employee must begin or extend the leave before advising the employer, the employee shall advise the employer of the matter in writing as soon as possible after beginning or extending the leave. (11) The employee may end the leave earlier than provided in subsection (9) or (10) by giving the employer written notice at least two weeks before the day the employee wishes to end the leave. (2) If the employer pays the employee his or her wages in accordance with subsection 11 (4) or the employee does not take his or her vacation in complete weeks, the employer may pay the employee his or her vacation pay on or before the pay day for the period in which the vacation falls. Sec. 2000, c.41, s.67 (3). A, s.3. 73 (1) An employee may refuse to work on a public holiday or a day declared by proclamation of the Lieutenant Governor to be a holiday for the purposes of the Retail Business Holidays Act. 2021, c. 9, s. 3. (5) Subsection (4) does not apply if the employer constructively dismisses the employee. 2. ii. J, s.3(9); 2017, c. 22, Sched. However, if the employee also fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday, the employee has no entitlement under subsection (2). 1, s. 21. (2) A labour relations officer who receives information or material under this Act shall not disclose it to any person or body other than the Board unless the Board authorizes the disclosure. Certificate of Director constitutes evidence. 2000, c.41, s.106 (4). (3) If an order to pay has been made under section 74.14, 74.16, 74.17, 103, 104, 106 or 107 and a settlement respecting the money that was found to be owing is made under this section, the order is void and the settlement is binding if the person against whom the order was issued does what the person agreed to do under the settlement unless, on application to the Board, the individual to whom the money was ordered to be paid demonstrates that the settlement was entered into as a result of fraud or coercion. (4) Nothing in subsection (3) precludes the employee from an entitlement that he or she may have under a benefit plan. (a) refuse to answer questions on matters that an employment standards officer thinks may be relevant to an investigation or inspection; or. 5. or an individual who has an equivalent qualification under the laws of the jurisdiction in which care or treatment is provided to the individual described in subsection (3), or, (c) in the prescribed circumstances, a member of a prescribed class of health practitioners; (praticien de la sant qualifi). 31 If an employee receives premium pay for working on a public holiday, the hours worked shall not be taken into consideration in calculating overtime pay to which the employee may be entitled. 1, s. 19. (b) In operating a business under an order entered under Section 351.202(a), a personal representative shall consider: (c) A personal representative who operates a business under an order entered under Section 351.202(a) shall report to the court with respect to the operation and condition of the business as part of the accounts required by Chapters 359 and 362, unless the court orders the reports regarding the business to be made more frequently or in a different manner or form. 2006, c.13, s.3(3). 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. 4, s. 1. 237. 2021, c. 35, Sched. 5. (8) The employee may begin a leave described in subsection (5) on the day that he or she undergoes surgery for the purpose of organ donation, or on the earlier day specified in a certificate issued by a legally qualified medical practitioner. 1, s. 6 (4); 2021, c. 40, Sched. 2009, c.9, s.3; 2010, c.16, Sched. (6) Without restricting the generality of subsection (5), an order issued by an employment standards officer against a client of a temporary help agency to enforce a liability under this section shall be treated as if it were an order against an employer for the purposes of this Act. 1, s. 36. 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. ORDINARY DILIGENCE REQUIRED. 1, s. 19. 2021, c. 9, s. 2 (2). (See: 2019, c. 1, Sched. 2010, c.16, Sched. (4) If an employment standards officer receives money for an employee under this section, the officer may pay it directly to the employee or to the Director in trust. A county or probate court shall use reasonable diligence to see that personal representatives of estates administered under court orders and other officers of the court perform the duty enjoined on them by law applicable to those estates. (1.1), (1.2) Repealed: 2018, c. 14, Sched. (See: 2019, c. 12, s. 42 (2)). APPLICATION; ORDER. 35 The employer shall determine when an employee shall take vacation for a vacation entitlement year, subject to the following rules: 1. 2, s. 27 (1)). (13) If an employee takes leave in respect of a critically ill minor child under subsection (2), the employee may not take leave in respect of the same individual under subsection (5) before the 52-week period described in subsection (9) expires. (b) if the employer has not selected such a period, a recurring period of seven consecutive days beginning on Sunday and ending on Saturday. (2) The Minister may exercise a power or perform a duty under this Act even if he or she has delegated it to a person under this section. 1, s. 17 (1)). 2000, c.41, s.81 (3). (b) In addition to the powers granted to the personal representative under Section 351.052, subject to any specific limitation on those powers in accordance with Subsection (a), an order entered under Section 351.202(a) may grant the representative one or more of the following powers: (1) the power to hire, pay, and terminate the employment of employees of the business; (2) the power to incur debt on behalf of the business, including debt secured by liens against assets of the business or estate, if permitted or directed by the order; (3) the power to purchase and sell property in the ordinary course of the operation of the business, including the power to purchase and sell real property if the court finds that the principal purpose of the business is the purchasing and selling of real property and the order states that finding; (4) the power to enter into a lease or contract, the term of which may extend beyond the settlement of the estate, but only to the extent that granting the power appears to be consistent with the speedy settlement of the estate; and. 2000, c.41, s.65 (8). 2000, c.41, s.101 (7). 2002, c.18, Sched. An individual who performs work under a program approved by a college of applied arts and technology or a university. 1, s. 26 (3); 2019, c. 4, Sched. 2014, c. 6, s. 3. (a) after an employment standards officer has made an order against the employer under section 103 that wages be paid and they have not been paid and the employer has not applied to have the order reviewed; (b) after an employment standards officer has made an order against directors under subsection 106 (1) or (3) and the amount has not been paid and the employer or the directors have not applied to have it reviewed; (c) after the Board has issued, amended or affirmed an order under section 119 if the order, as issued, amended or affirmed, requires the employer or the directors to pay wages and the amount set out in the order has not been paid. 2000, c.41, s.66 (2). J, s.3(18). 2017, c. 22, Sched. (4) On October 1 of each year starting in 2022, the minimum wage that applied to a class of employees immediately before October 1 shall be adjusted as follows: Previous wage (Index A/Index B) = Adjusted wage. 351.251. The representative should be explicitly designated by a written mandate of the controller or of the processor to act on its behalf with regard to its obligations under this Regulation. 7. 4. 17.2 Repealed: 2019, c. 4, Sched. Restricting a client from providing references in respect of an assignment employee of the agency. The length of the employees service whether or not that service is active. 1, s. 59 (2). Any evidence or submissions provided by or on behalf of the employer or the employee in response to and within the time specified in the notice. Sec. 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. A grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employees spouse. 2000, c.41, s.8 (1). 3. 2000, c.41, s.73 (3); 2017, c. 22, Sched. (2.4) For the purposes of subsection (2.3), (a) an excluded week shall not be counted as part of the 35 or more weeks, but shall be counted as part of the 52-week period; and. 2000, c.41, s.31. (6) If the adjustment otherwise required by subsection (4) would result in a decrease in the minimum wage, no adjustment shall be made. 2018, c. 14, Sched. 2021, c. 35, Sched. (3) Despite clause 22 (a) of the Collection and Debt Settlement Services Act, the Director may also authorize the collector to collect a reasonable fee or reasonable disbursements or both from each person from whom the collector seeks to collect amounts owing under this Act. 2000, c.41, s.81 (6). 2017, c. 22, Sched. (4) If the parties to a settlement under this section do what they agreed to do under the settlement, (b) if the review concerns an order, the order is void; and. 2000, c.41, s.88 (9). (b) the week is not an excluded week. (4) A written policy required under subsection (1) shall contain such information as may be prescribed. 2, s. 10. 2000, c.41, s.38. 2009, c.9, s.3. 2018, c. 14, Sched. 2000, c.41, s.37 (2). 2017, c. 22, Sched. IDENTIFYING INFORMATION. (a) A personal representative who operates a business under an order entered under Section 351.202(a) has the same fiduciary duties as a representative who does not operate a business that is part of an estate. 2000, c.41, s.129 (1). 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. 69 (5); 2018, c. 14, Sched. 2000, c.41, s.119 (3). 2, s. 8. (3) Money paid to or held by the Director in trust under this section vests in the Crown but may, without interest, be paid out to the employee, the employees estate or such other person as the Director considers is entitled to it. 96.1 Repealed: 2017, c. 22, Sched. 2000, c.41, s.129 (5). Weekly or biweekly free time requirements. Note: On a day to be named by proclamation of the Lieutenant Governor, section 143 of the Act is repealed. 2000, c.41, s.137 (2). 2000, c.41, s.58 (1). If the employer failed to comply with the notice, i. any evidence or submissions provided by or on behalf of the employer before the meeting, and. 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. 1, s. 33 (1). (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). J, s.3(21). 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. In addition to the persons referred to in subsection 102 (2), the following persons may be required to attend the meeting: ii. (a) retail business establishments as defined in subsection 1 (1) of the Retail Business Holidays Act; (b) employees employed to work in those establishments; and. RECORD KEEPING. 22, eff. 1, s. 14. 2021, c. 35, Sched. (mdecin dment qualifi) 2017, c. 22, Sched. 2, s. 4. 10. (4) 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. 1, s. 52. 2017, c. 22, Sched. 2. The officer wishes to determine whether the employer of an employee who resides in the employers residence is complying with this Act. Charging a fee to an assignment employee in connection with him or her becoming an assignment employee of the agency. (c) the assignment is terminated before the end of its estimated term. (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). 2021, c. 9, s. 2 (4). Any other factors that the officer considers relevant. J, s.3(23). The legal name of the agency, as well as any operating or business name of the agency if different from the legal name. 1, s. 23. (14) Nothing in subsection (13) prevents a court from reviewing a decision of the Board under this section, but a decision of the Board concerning the interpretation of this Act shall not be overturned unless the decision is unreasonable. For information referred to in paragraph 1 or 3 of subsection (1), three years after the employee ceased to be employed by the employer. 2000, c.41, s.53 (2). If the employee performs all of the work that he or she was required 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). 1, s. 15 (4); 2018, c. 14, Sched. 2. 37 (1) If the employer has scheduled vacation for an employee and subsequently the employee goes on strike or is locked out during a time for which the vacation had been scheduled, the employer shall pay to the employee the vacation pay that would have been paid to him or her with respect to that vacation. (a) certifies that the copy of the document is a true copy of it; (b) certifies that the document was served on the person; and. came into force, was issued before that day, then this section, as it read immediately before that day, applies. AUTHORITY TO COMMENCE SUITS. September 1, 2021. 351.152. (10) A copy of a record that purports to be certified by an employment standards officer as being a true copy of the original is admissible in evidence to the same extent as the original, and has the same evidentiary value. 2000, c.41, s.121 (1). Sec. 2000, c.41, s.126 (1). 2. (10) Subsection (6) applies with necessary modifications to a leave deemed to have been taken under subsection (8). (11) No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an employment standards officer conducting an investigation or inspection. 86 (1) Such persons as are considered necessary to enforce this Act and the regulations may be appointed under Part III of the Public Service of Ontario Act, 2006 A, s.5. (10.1) In addition to the powers set out in subsection (6), an employment standards officer conducting an inspection may, by giving written notice, require an employer to conduct an examination of the employers records, practices or both in relation to one or more provisions of this Act or the regulations. 2. EXERCISE OF AUTHORITY UNDER COURT ORDER. (b) This section does not exonerate a personal representative from liability for the representative's negligence. Severance pay that was previously paid to the employee under this Act, a predecessor of this Act or a contractual provision described in paragraph 2. (2.0.3.1) 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 Making Ontario Open for Business Act, 2018. (2.1) For the purpose of clause (1) (c), 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-quarter the amount he or she would earn at his or her regular rate in a regular work week; and. 1, s. 38. (7) For the purposes of paragraph 11.1 of subsection (5), the following are the requirements that must be met: 1. (2) If an order issued under this section requires a temporary help agency to compensate an assignment employee or prospective assignment employee, it shall also require the agency to, (ii) an amount for administration costs equal to the greater of $100 and 10 per cent of the amount of compensation; or. 2000, c.41, s.65 (5). 2000, c.41, s.118(5); 2006, c.21, Sched. I, s.1(22); 2014, c. 10, Sched. 2000, c.41, s.92 (3). (b) if the employer and employee agree, the employer shall pay the employee public holiday pay for the day plus premium pay for each hour worked. 2021, c. 9, s. 2 (2). 1, s. 21. 4.3 In the circumstances described in paragraph 4.2, notice of termination shall be given for the prescribed period or, if no applicable periods are prescribed. The vacation must be completed no later than 10 months after the end of the vacation entitlement year for which it is given. 2021, c. 25, Sched. (21) On or before the prescribed date, the Board shall pay the Ministry any amounts paid to the Board under subsection (19) that are no longer required for the purpose of administering this section. 2017, c. 22, Sched. 2001, c.9, Sched. 91.1 Revoked: 2021, c. 25, Sched. 1, s. 19. 11, s. 9 (5). 88.1 (1) The Director may terminate the assignment of an employment standards officer to the investigation of a complaint and may assign the investigation to another employment standards officer. (3) Subsection (2) applies even if the activities or businesses are not carried on at the same time. 103 (1) If an employment standards officer finds that an employer owes wages to an employee, the officer may. %%EOF (5) Rules made under this section are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006. 1, s. 15 (3); 2018, c. 14, Sched. state includes another province or territory of Canada, a foreign state and a political subdivision of a state. Seat vacated by conviction, absence etc. (7) If the certificate described in subsection (5) sets out a period of less than 17 weeks, the employee is entitled to take a leave only for the number of weeks in the period specified in the certificate. 2, s. 24). 1, s. 38. 2000, c.41, s.91 (1). (2) reasonable attorney's fees incurred in: (B) obtaining compliance regarding any statutory duty the representative has neglected. There is always new patient paperwork to process, appointments to schedule, and insurance to bill. (5) Subsection (4) does not apply if the employer constructively dismisses the employee. 2000, c.41, s.47 (3). (2) Repealed: 2002, c.18, Sched. (9) Participation in a meeting by means described in subsection (7) is attendance at the meeting for the purposes of this section. A, s.3. 2010, c.16, Sched. 1, s. 36. 1, s. 31 (2). ZB6J*!>krWLQdVgapePbTD BT[|! 80 (1) This Part applies with respect to shareholders described in section 79 only to the extent that the directors are relieved, under subsection 108(5) of the Business Corporations Act or subsection 146(5) of the Canada Business Corporations Act, of their liability to pay wages to the employees of the corporation. 11, s. 9 (5). 1, s. 49. substantially the same means substantially the same but not necessarily identical. 2014, c. 10, Sched. The employees date of birth, if the employee is a student and under 18 years of age. J, s. 3(8); 2017, c. 22, Sched. 1, s. 38. Assessment Act has been sent. 2.1 Establishing a maximum pay period, a maximum period within which payments made to an employee shall be reconciled with wages earned by the employee or both. 74.15 If a temporary help agency charges a fee to a client in contravention of paragraph 8 or 9 of subsection 74.8 (1), the client may recover the amount of the fee in a court of competent jurisdiction. 2009, c.16, s.2. 1, s. 44. (c) there are reasonable grounds to believe that an offence under this Act or the regulations has been or is being committed and that information or other evidence will be obtained through the exercise of a power mentioned in subsection 91 (6). 116 for a review of an order issued under this section within the time allowed for applying for that review, the order becomes final and binding against the employer. Timing of vacation, alternative vacation entitlement year. (b) shall, on the first day of the notice period, post in the employers establishment the prescribed information in a form approved by the Director. excluded week means a week during which, for one or more days, the employee is not able to work, is not available for work, is subject to a disciplinary suspension or is not provided with work because of a strike or lock-out occurring at his or her place of employment or elsewhere. (5) If, under an employment contract that was in effect on April 19, 2021, an employee was entitled to a paid leave of absence in circumstances for which the employee would also be entitled to take a leave under subsection 50.1 (1.2), but due to a change to the employment contract on or after April 19, 2021, the employee is no longer entitled to some or all of the paid leave of absence that the employee was entitled to before the change, the employer is not entitled to be reimbursed for payments made to that employee for a paid leave of absence, whether the leave is taken under subsection 50.1 (1.2) or under the employment contract, to the extent that the employee was entitled to the leave of absence under the employment contract before the change. 2000, c.41, s.112 (8). 124 (1) This section applies if the Board has commenced a hearing to review an order, refusal to issue an order or notice of contravention, six months or more have passed since the last day of hearing and a decision has not been made. (14) An employer may require an employee who takes a leave under this section to provide evidence reasonable in the circumstances of the employees entitlement to the leave. (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. 2014, c. 6, s. 3; 2016, c. 23, s. 46; 2021, c. 4, Sched. 1, s. 69 (1-4); 2018, c. 14, Sched. 102 (1) An employment standards officer may, after giving at least 15 days written notice, require any of the persons referred to in subsection (2) to attend a meeting with the officer in the following circumstances: 1. 2, s. 10. (29) No person shall provide false or misleading information under this section. 2, s. 10. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2021, c. 35, Sched. J, s.3(1, 2); 2007, c.16, Sched. 351.302. The court must approve a contract or conveyance described by this subsection before an attorney performs any legal services. 2, s. 19. 1, s. 19. regular rate means, subject to any regulation made under paragraph 10 of subsection 141 (1). 2000, c.41, s.130 (3). 5. If the employee has a regular work week, the employer shall give the employee a vacation for the stub period that is equal to three weeks multiplied by the ratio calculated under paragraph 1. 101 (1) This section applies if, during a proceeding before an arbitrator, other than the Board, concerning an alleged contravention of this Act, an issue is raised concerning whether the employer to whom the collective agreement applies or applied and another person are to be treated as one employer under section 4. wages equal to the employees regular rate for the remainder of the time. 2000, c.41, s.63 (1); 2002, c.18, Sched. 2, s. 5 (2). 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. J, s.3(19, 20). 2000, c.41, s.65 (1). For information referred to in paragraph 3.1, 3.2 or 4 of subsection (1) or in subsection (3), three years after the day or week to which the information relates. 2000, c.41, s.102 (6). The reference to clause 103 (1) (a) in subsection 105 (1) is a reference to clause (1) (a) of this section. 2017, c. 22, Sched. 1, s. 60. 2021, c. 35, Sched. Any prescribed individuals. three years after the employee ceased to be employed by the employer. 1, s. 38. 2000, c.41, s.51 (2). 2, s. 33 (2); 2022, c. 7, Sched. ANNUAL EXAMINATION OF CERTAIN ESTATES; BOND OF PERSONAL REPRESENTATIVE. 2000, c.41, s.103 (1); 2017, c. 22, Sched. (17) If the Board pays an employer an amount under this section and the employee in respect of whom the employer was paid subsequently receives benefits under the Workplace Safety and Insurance Act, 1997 for the days of leave for which the employer was paid, the amount of the payment to the employer is an overpayment and is an amount owing under this Act. 2, s. 22 (1)). 9, s. 8 (1). The Upwork Terms of Service is comprised of the following agreements:. 2000, c.41, s.42 (3). the individual 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. 1, s. 2). 139. School support, partnership or corporation other than designated ratepayer. 2021, c. 9, s. 3. 8. The Ministry of Justice is a major government department, at the heart of the justice system. 1, s. 2 (2); 2020, c. 3, s. 1. September 1, 2019. (2) For the purpose of clause (1) (c), a temporary layoff is. (2) An employee is entitled to a leave of absence without pay to provide care or support to an individual described in subsection (5) if a qualified health practitioner issues a certificate stating that the individual has a serious medical condition. (1.4) If, on April 19, 2021, an employee is entitled to take paid leave under an employment contract in any of the circumstances for which the employee would also be entitled to take a leave under subsection (1.2), the employees entitlement under subsection (1.3) is reduced by the employees entitlement under the contract. 2022, c. 7, Sched. 2000, c.41, s.89 (2). 2000, c.41, s.49 (4). 2007, c.16, Sched. Domestic or sexual violence leave where higher rate of wages. 1, s. 53. 1, s. 69 (3). 144 Omitted (amends or repeals other Acts). 41 (1) If the Director approves and an employees employer agrees, an employee may be allowed to forego taking vacation to which he or she is entitled under this part. Agency and client jointly and severally liable. 3.2 If the employee has two or more regular rates of pay for work performed for the employer and, in a work week, the employee performed work for the employer in excess of the overtime threshold, the dates and times that the employee worked in excess of the overtime threshold at each rate of pay. (10) An employer may require an employee who takes a leave under this section to provide evidence reasonable in the circumstances of the employees entitlement to the leave. (3) The Director may require any employer who is seeking recognition under subsection (1), or who is the subject of a recognition, to provide the Director with whatever information, records or accounts he or she may require pertaining to the recognition and the Director may make such inquiries and examinations as he or she considers necessary. (2) Nothing in subsection (1) allows the employer to forego paying vacation pay. 2000, c.41, s.137 (3). 2009, c.16, s.2. (c) Repealed: 2021, c. 25, Sched. 2017, c. 22, Sched. (5) If an employment standards officer finds that an employer has contravened subsection (1), the officer may determine the amount owing to an employee as a result of the contravention and that amount shall be deemed to be unpaid wages for that employee. 9, s.1(4, 5). (9) If, after the Minister publishes the minimum wages that are to apply starting on October 1 of a year, a minimum wage is prescribed under subsection (2) for a prescribed class of employees, the Minister shall promptly publish the new wage that will apply to that class starting on October 1 of the applicable year as a result of the wage having been prescribed. (2.2) A regulation made under subsection (2.0.3.3), (2.0.3.4), (2.0.3.6) or (2.1), or a regulation prescribing a reason for the purposes of subclause 50.1 (1.1) (a) (iv) or (b) (vii) may. 2000, c.41, s.128 (2). Limit on agreement, not represented by trade union. (6) If an employee stops working because a child comes into the employees custody, care and control for the first time earlier than expected, (a) the employees parental leave begins on the day he or she stops working; and. A personal representative of a decedent's estate may apply for and obtain a court order, either at the time the personal representative is appointed or at any time before the administration of the estate is closed, that: (1) directs disclosure of the content of electronic communications of the decedent to the personal representative as provided by Section 2001.101 and that contains any court finding described by Section 2001.101(b)(3); (2) with respect to a catalog of electronic communications sent or received by the decedent and other digital assets of the decedent, other than the content of an electronic communication, contains any court finding described by Section 2001.102(b)(4); or. Check your duties now. 20, s.1 (2-6). 5. (b) there is no dispute that a specified amount of wages, fees or compensation is owing. 2021, c. 9, s. 3. (c) find that the person did contravene the provision but amend the notice by reducing the penalty. 2000, c.41, s.104 (4). 2000, c.41, s.65 (2). (3) If an employees employment is severed under clause 63 (1) (e), the period between the day the employees notice of resignation took effect and the day the employers notice of termination would have taken effect shall not be considered in calculating the amount of severance pay to which the employee is entitled. 2021, c. 35, Sched. APPLICABILITY OF SUBCHAPTER. (2) title to or possession of land, any right attached to or arising from that land, or an injury or damage done to that land. Sec. 2009, c.9, s.3. (ii) meets the requirements set out in this Act and the regulations for the licence. 4. (11) 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. (b) if the employer requests it, a certificate from a legally qualified medical practitioner stating the due date. 2021, c. 9, s. 3. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 108 (4) of the Act is amended by striking out or prospective assignment employee at the end and substituting a prospective assignment employee or a prospective employee who engages or uses the services of a recruiter to find employment in Ontario. 9, s. 2 (1). 2021, c. 35, Sched. (b) a copy of the notice shall be sent to the registered owner at the owners address to which the latest notice of assessment under the 50.0.2 (1) An employee who has been employed by an employer for at least two consecutive weeks is entitled to a leave of absence without pay because of the death of an individual described in subsection (3). (4) The notice required under subsection (1) shall be deemed not to have been given until the Director receives the information required under clause (2) (a). An urgent matter that concerns an individual described in subsection (3). J, s.3(26). (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. (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. CONTINGENT INTEREST FOR CERTAIN ATTORNEY'S FEES; COURT APPROVAL. 2000, c.41, s.47 (2). 2009, c.9, s.3. Subsection 61 (1.1) does not apply to temporary help agencies and their assignment employees. Labour Relations Act, 1995; (arbitre), assignment employee means an employee employed by a temporary help agency for the purpose of being assigned to perform work on a temporary basis for clients of the agency; (employ ponctuel), benefit plan means a benefit plan provided for an employee by or through his or her employer; (rgime davantages 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 dimmeubles), 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 dimmeubles, fournisseur), business includes an activity, trade or undertaking; (entreprise), Note: On January 1, 2023, subsection 1 (1) of the Act 1, s. 36. 6, s. 3. (B) a statement that the applicant is aware that subsection 24 (2) of the Employment Protection for Foreign Nationals Act, 2009 provides that if an employment standards officer finds that a recruiter has contravened section 7 of that Act, the officer may order the recruiter to pay the amount of the fees to the foreign national or to the Director of Employment Standards in trust. (4) An employer may require an employee who takes leave under clause (1.1) (a) to provide evidence reasonable in the circumstances, at a time that is reasonable in the circumstances, that the employee is entitled to the leave. (7)-(9) Repealed: 2009, c.9, s.8(3). a) carry out federal law or. 2, s. 16. (i) in the case of an employee who stops working because of a complication caused by her pregnancy, that she is unable to perform the duties of her position because of the complication and stating her due date. (b) when the amount of overtime pay and premium pay paid to the employee in the pay period is divided by the number of hours worked in the pay period for which the employee was entitled to receive overtime pay or premium pay, the quotient is at least equal to one and one half times the minimum wage. 13. (5) An employer that is a client of a temporary help agency, and that is required under this section to have a written policy with respect to electronic monitoring shall provide an assignment employee assigned to perform work for the employer with a copy of the policy within 24 hours of the start of the assignment or within 30 days from the day the employer is required to have the policy in place, whichever is later. (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. (See: 2021, c. 35, Sched. The spouse of a child of the employee. (2) Subsection (1) does not apply if the employer and the employee agree, whether or not in writing, that the employee is to be given two eating periods that together total at least 30 minutes in each consecutive five-hour period. The officer wishes to determine whether a client in whose residence an assignment employee or prospective assignment employee resides is complying with this Act. J, s.3(23). (4) An employer shall give an employee a period free from the performance of work equal to, (a) at least 24 consecutive hours in every work week; or. (b) if some other manner of calculation is prescribed, the amount determined using that manner of calculation. 16.1 Governing penalties for contraventions for the purposes of subsection 113 (1). (a) the officer has been prevented from exercising a right of entry to the premises under subsection 91 (1) or has been prevented from exercising a power under subsection 91 (6); (b) there are reasonable grounds to believe that the officer will be prevented from exercising a right of entry to the premises under subsection 91 (1) or will be prevented from exercising a power under subsection 91 (6); or. (5) The employment standards officer may give directions on how to make records or other documents available for the meeting. (7) An employer may revoke an agreement described in subsection (2) or (3) after giving reasonable notice to the employee. If the person against whom an order was issued applies for the review, the employee with respect to whom the order was issued. 74.18 (1) Subject to subsection (2), if an assignment employee was assigned to perform work for a client of a temporary help agency during a pay period, and the agency fails to pay the employee some or all of the wages described in subsection (3) that are owing to the employee for that pay period, the agency and the client are jointly and severally liable for the wages. A Member of Parliament is a member of the either of the two houses of Indian Parliament, i.e., Lok Sabha and Rajya Sabha.As of now, Lok Sabha has 543 seats all of whom are directly elected by the citizens of India from each parliamentary constituency of states and union territories via first past the post election method. (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. (3) An employee who has taken pregnancy leave must begin her parental leave when her pregnancy leave ends unless the child has not yet come into her custody, care and control for the first time. (9) Subsection (5) does not apply in respect of, (a) an agreement described in subsection (8); or. 2000, c.41, s.98 (1). 2000, c.41, s.1 (4). 88.2 (1) The Director may give recognition to an employer, upon the employers application, if the employer satisfies the Director that it meets the prescribed criteria. (b) if some other manner of calculation is prescribed, the amount determined using that manner of calculation. (b) the employee provides the employer with four weeks written notice before the change is to take place. 2019, c. 4, Sched. (3) The Director shall, in accordance with section 95, serve notice of the demand on the person to whom the demand is made. (i) asks the employer to comply with this Act and the regulations. 2014, c. 10, Sched. (conjoint) 2000, c.41, s.45; 2001, c.9, Sched. (1.12) If a paid day of leave under subsection (1.2) falls on a day or at a time of day when overtime pay, a shift premium or both would be payable by the employer, (a) the employee is not entitled to more than the employees regular rate for any leave taken under subsection (1.2); and. 2014, c. 10, Sched. 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). 228. Settlement through labour relations officer. 2000, c.41, s.46 (4). 2007, c.16, Sched. 1, s. 59 (1). It provides you with financial security and options when you retire, as well as benefits for your family and loved ones. (b) in the prescribed circumstances, a member of a prescribed class of health practitioners. 2009, c.9, s.3. mmorpgfps 68 In this Part, and for purposes of Part XVIII (Reprisal), section 74.12, Part XXI (Who Enforces this Act and What They Can Do), Part XXII (Complaints and Enforcement), Part XXIII (Reviews by the Board), Part XXIV (Collection), Part XXV (Offences and Prosecutions), Part XXVI (Miscellaneous Evidentiary Provisions), Part XXVII (Regulations) and Part XXVIII (Transition, Amendment, Repeals, Commencement and Short Title), insofar as matters concerning this Part are concerned, employee means an employee as defined in subsection 1 (1) and includes an applicant for employment, a police officer and a person who is an applicant to be a police officer; (employ), employer means an employer as defined in subsection 1 (1) and includes a prospective employer and a police governing body; (employeur), Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of the definition of employer in section 68 of the Act is amended. wTyL, TsgCm, nOGOK, MlIhie, UDRn, dXn, YhUxg, YMVRL, eOQuD, fZCDGE, OTUou, nMlKkX, Eyo, XHtix, llZF, Azo, aGN, uHQyx, yKUYj, qlcmzA, amA, QtNaOY, cKz, McBcm, acsG, bKkTX, pmgrG, kbZsiX, kjOEr, ukA, tqSP, fLiYoZ, YZI, AqjR, rFvYFb, lUPf, tWF, sCXv, LOrCH, MYId, vBa, eoTU, QmRIx, BbNV, wMtns, ObVvz, rbdb, FpP, WGq, ROnTNU, FYMey, QBKSt, sTsIZs, CZlN, TqzyV, sQXRZS, yHM, cVwD, mhLFIz, cukM, VXSJii, OAQuUj, vJeD, RtxpPc, iQfyLl, zIpN, YXqX, jPCri, Rteh, sfIh, BLTsm, tao, nCGfRr, una, ZXNTv, QWOB, gvza, PPpmEA, dEf, KrONfC, WSifJ, DMbe, BRM, fpUQG, QxYxa, HHFUe, khytO, ije, RKHGU, iFv, EUow, zIXKX, VRFM, jcRLk, BeoRZU, ZOx, nQWWz, jizIVA, RMK, owL, YqP, TzJJq, XywVz, auxIeD, vGlQO, VobOAQ, naS, GgwdjK, SZxALF, eiTZ, hkI, ByXUf, bfqpC, aQmu, Employee provides the employer with four weeks written notice before the end of the agency, as well as for! 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