(12) An employee who wishes to take leave under this section or to extend a leave under this section shall give the employer written notice, at least two weeks before beginning or extending the leave, if possible. 2000, c.41, s.31. 176. 40 (1) Every employer shall be deemed to hold vacation pay accruing due to an employee in trust for the employee whether or not the employer has kept the amount for it separate and apart. 1, s. 38. 38 If an employees employment ends at a time when vacation pay has accrued with respect to the employee, the employer shall pay the vacation pay that has accrued to the employee in accordance with subsection 11 (5). 2000, c.41, s.129 (1). A, s.3; 2022, c. 7, Sched. (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. A = the average number of days the employee worked per work week in the stub period. 2000, c.41, s.106 (4). 2, s. 3; 2017, c. 22, Sched. 1, s. 38. 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). 2000, c.41, s.4 (2). 2000, c.41, s.97 (2). 2000, c.41, s.60 (3). (5) If a person who receives a demand under this section makes a payment to the employer, director or other person with respect to whom the demand was made without complying with the demand, the person shall pay to the Director an amount equal to the lesser of, (a) the amount paid to the employer, director or other person; and. 2000, c.41, s.47 (4). For the purposes of this subchapter, bonuses, rentals, and royalties received for or from an oil, gas, or other mineral lease shall be treated as income rather than as principal. 2000, c.41, s.9 (1). (2) An employees entitlement to leave under this section is limited to a total of three days in each calendar year. 2014, c. 10, Sched. 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. 2002, c.18, Sched. 92 (1) A justice of the peace may issue a warrant authorizing an employment standards officer named in the warrant to enter premises specified in the warrant and to exercise any of the powers mentioned in subsection 91 (6), if the justice of the peace is satisfied on information under oath that. (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. J, s.3(15). 77 (1) Where a person is seeking to become the new provider at a premises, the owner or manager of the premises shall upon request give to that person the prescribed information about the employees who on the date of the request are engaged in providing services at the premises. (11) Repealed: 2018, c. 14, Sched. (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. 2021, c. 35, Sched. 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. (2) the appointment of a successor independent administrator under Section 404.005. 2018, c. 14, Sched. 2000, c.41, s.80(1). (5) An employee who has given notice to begin pregnancy leave may begin the leave, (a) on an earlier day than was set out in the notice, if the employee gives the employer a new written notice at least two weeks before that earlier day; or. Previous wage is the minimum wage that applied immediately before October 1 of the year. 2000, c.41, s.22 (7). 2021, c. 35, Sched. (a) any perfected security interest registered after the notice is registered; (b) any security interest perfected by possession after the notice is registered; and. 2000, c.41, s.91 (3). 1, s. 12. (a) in the case of surgery for the purpose of organ donation that takes place in Ontario, a member of the College of Physicians and Surgeons of Ontario, and, (b) in the case of surgery for the purpose of organ donation that takes place outside Ontario, a person who is qualified to practise medicine under the laws of that jurisdiction; (mdecin dment qualifi), organ means kidney, liver, lung, pancreas, small bowel or any other organ that is prescribed for the purpose of this section; (organe), organ donation means the donation of all or part of an organ to a person; (don dorgane). 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. i. confirms that the employer made a payment to the employee for paid leave taken under subsection 50.1 (1.2). (a) the gross amount of any termination pay or severance pay being paid to the employee; (b) the gross amount of any vacation pay being paid to the employee; (c) unless the information is provided to the employee in some other manner, how the amounts referred to in clauses (a) and (b) were calculated; (d) the pay period for which any wages other than wages described in clauses (a) or (b) are being paid; (f) the gross amount of any wages referred to in clause (d) and, unless the information is provided to the employee in some other manner, how that amount was calculated; (g) the amount and purpose of each deduction from wages; (h) any amount with respect to room or board that is deemed to have been paid to the employee under subsection 23 (2); and. 2009, c.9, s.18. 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. 2000, c.41, s.82 (1). 2 (1) The Director shall prepare and publish a poster providing such information about this Act and the regulations as the Director considers appropriate. (3) Subject to subsections (3.1) and (3.2), an averaging agreement is not valid unless it provides for a start date and an expiry date. Part XVIII (Reprisal). 1, s. 38. 1141 (H.B. 351.051. 2000, c.41, s.119 (7). 2014, c. 10, Sched. 2000, c.41, s.81 (10). In this subchapter, "business" includes a farm, ranch, or factory. 2000, c.41, s.67 (1). overtime hour, with respect to an employee, means, (a) if one or more provisions in the employees employment contract or in another Act that applies to the employees employment provides a greater benefit for overtime than Part VIII (Overtime Pay), an hour of work in excess of the overtime threshold set out in that provision, and, (b) otherwise, an hour of work in excess of the overtime threshold under this Act that applies to the employees employment; (heure supplmentaire), person includes a trade union; (personne), premium pay means an employees entitlement for working on a public holiday as described in subsection 24 (2); (salaire major), prescribed means prescribed by the regulations; (prescrit). (8) An employer shall retain or arrange for some other person to retain copies of every agreement that the employer has made with an employee permitting the employee to work hours in excess of the limits set out in subsection 17 (1) for three years after the last day on which work was performed under the agreement. (a) establish different penalties or ranges of penalties for different types of contraventions or the method of determining those penalties or ranges; (b) specify that different penalties, ranges or methods of determining a penalty or range apply to contraveners who are individuals and to contraveners that are corporations; or. M, s.1(1). (1.1) An employee is entitled to a leave of absence without pay if the employee will not be performing the duties of his or her position. I, s.1(13). not to share in tips or other gratuities. 2, s. 4. (2) No person shall disclose to an employer that an employee has taken a lie detector test or disclose to an employer the results of a lie detector test taken by an employee. (4) The employer shall record information under this section by a date that is not later than the later of, (a) seven days after the start of the next vacation entitlement year or the first vacation entitlement year, as the case may be; and. 2017, c. 22, Sched. As of 2022, Rajya Sabha can have 245 members, in which 238 9, s. 2 (1). (2) An employee is entitled to a leave of absence without pay of up to 28 weeks to provide care or support to an individual described in subsection (3) if a qualified health practitioner issues a certificate stating that the individual has a serious medical condition with a significant risk of death occurring within a period of 26 weeks or such shorter period as may be prescribed. (2.1) If a public holiday falls on a day that would not ordinarily be a working day for an employee and the employee is on a leave of absence under section 46 or 48 or on a layoff on that day, the employee is entitled to public holiday pay for the day but has no other entitlement under this Part with respect to the public holiday. (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. (3) If a class of employees and a minimum wage for the class are prescribed under subsection (2), subsections (4) to (6) apply as if the class and the minimum wage were a class and a minimum wage under subsection (1). (9) If an employee who performs work of a particular kind or character is exempted from the application of this section by the regulations or the regulations prescribe an overtime threshold of other than 44 hours for an employee who performs such work, and the duties of an employees position require him or her to perform both that work and work of another kind or character, this Part shall apply to the employee in respect of all work performed by him or her in a work week unless the time spent by the employee performing that other work constitutes less than half the time that the employee spent fulfilling the duties of his or her position in that work week. (2) References to organs in this section also apply to tissue that is prescribed for the purpose of this section. 2000, c.41, s.15 (4). 3, s. 6. 41.1 (1) An employee is entitled to receive the following statements on making a written request: 1. 2000, c.41, s.92 (3). 2017, c. 22, Sched. 2018, c. 14, Sched. 2.1 An individual who performs work under a program that is approved by a private career college registered under the Private Career Colleges Act, 2005 and that meets such criteria as may be prescribed. 2001, c.9, Sched. 1, s. 38. 2010, c.16, Sched. 2000, c.41, s.3 (3). 2017, c. 22, Sched. 2021, c. 35, Sched. 2022, c. 7, Sched. (b) the day that would have been the employees next pay day. (2) All time spent by the employee in the employers employ, whether or not continuous and whether or not active, shall 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). The pay period and pay day established by the agency in accordance with subsection 11 (1). Prescribing what constitutes the performance of work. (2) The period of an employees leave shall not be included in determining whether he or she has completed a probationary period under an employment contract. 2000, c.41, s.42 (1). NOTE: The level of proficiency for stenographic and data transcribing duties required by positions with parenthetical titles is based on the grade level of those duties and not necessarily on the overall grade of the position. Subsections 63 (2) to (2.4) do not apply to temporary help agencies and their assignment employees. (3.1) An employee may begin her pregnancy leave no later than the earlier of. Providing a formula for the determination of an employees regular rate that applies instead of the formula that would otherwise be applicable under the definition of regular rate in section 1 in such circumstances as are set out in the regulation. (b) The notice filed under Subsection (a) must: (B) the county of the court in which the decedent's estate is pending; (C) the cause number assigned to the pending estate; and, (D) that one or more orders have been entered under Section 351.202(a); and. 3. (13) If a certificate described in subsection (2) was issued before January 1, 2018, then this section, as it read immediately before January 1, 2018, applies. (4) Section 132 of this Act does not apply in respect of the provisions incorporated into this Act under subsection (1). 2000, c.41, s.8 (1). 74.1.6 (1) The Director may, in accordance with the prescribed processes, if any, revoke or suspend a licence on any ground on which the Director might have refused to issue or renew the licence under subsection 74.1.5 (1) or (2). (4) An employee is considered to be paid a salary for the purposes of subsection (3) if, (a) the employee is entitled to be paid a fixed amount for each pay period; and. 2007, 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. (3)-(5) Repealed: 2001, c.9, Sched. Consumer Price Index means the Consumer Price Index for Ontario (all items) published by Statistics Canada under the Statistics Act (Canada). 2017, c. 22, Sched. 2021, c. 35, Sched. 2017, c. 22, Sched. 74.1.4 The Director shall issue a licence to an applicant or renew an applicants licence if the Director, (a) receives an application under section 74.1.3; and, (i) has complied with any orders issued under this Act or the Employment Protection for Foreign Nationals Act, 2009, and. 2009, c.9, s.3. (a) examine a record or other thing that the officer thinks may be relevant to the investigation or inspection; (b) require the production of a record or other thing that the officer thinks may be relevant to the investigation or inspection; (c) remove for review and copying a record or other thing that the officer thinks may be relevant to the investigation or inspection; (d) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place; and. 91 (1) An employment standards officer may, without a warrant, enter and inspect any place in order to investigate a possible contravention of this Act or to perform an inspection to ensure that this Act is being complied with. (3) An employee is not entitled to a leave of absence under this section if the employee is charged with a crime in relation to the death of the child or if it is probable, considering the circumstances, that the child was a party to a crime in relation to his or her death. ii. Supervisory body to appoint representative. 2009, c.16, s.3. a sole proprietorship of which the consultant is the sole proprietor, if the services are provided under a business name of the sole proprietorship that is registered under the Business Names Act. 2, s. 10. 1, s. 48. Notwithstanding paragraph 1, Member State law may require controllers to consult with, and obtain prior authorisation from, the supervisory authority in relation to processing by a controller for the performance of a task carried out by the controller in the public interest, including processing in relation to social protection and public health. 2000, c.41, s.140 (5). (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.120 (4). 87 (1) The Minister may, in writing, delegate to any person any of the Ministers powers or duties under this Act, subject to the limitations or conditions set out in the delegation. (c) In approving a contract or conveyance under this section, the court shall consider: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill required to perform the legal services properly; (2) the fee customarily charged in the locality for similar legal services; (3) the value of the property recovered or sought to be recovered by the personal representative under this subchapter; (4) the benefits to the estate that the attorney will be responsible for securing; and. 2007, c.16, Sched. 2000, c.41, s.96 (2). 6, s. 2. 2, s. 15). 2006, c.19, Sched. APPLICABILITY OF COMMON LAW. endstream endobj 289 0 obj <>stream 2017, c. 22, Sched. (a) if she is entitled to parental leave, 17 weeks after the pregnancy leave began; (b) if she is not entitled to parental leave, on the day that is the later of, (i) 17 weeks after the pregnancy leave began, and. (b) 37 weeks after it began, otherwise. (2.1) For greater certainty, subsection 50.1 (7) of this Act prevails over the provisions incorporated into this Act under subsection (1). (1.1) For the purposes of clause (1) (a), if the employee does not have a regular work week or is paid on a basis other than time, the amount the employee would have been entitled to receive under section 60 shall be calculated as if the period of 12 weeks referred to in subsection 60 (2) were the 12-week period immediately preceding the day of termination. 2009, c.9, s.3. (3) During an employees leave under this Part, the employer shall continue to make the employers contributions for any plan described in subsection (2) unless the employee gives the employer a written notice that the employee does not intend to pay the employees contributions, if any. (5) The employee is entitled to take leave for the prescribed period or, if no period is prescribed, for up to 13 weeks. Subject to paragraphs 3 and 4, if the vacation entitlement is equal to two or more days, the vacation shall be taken in a period of consecutive days. 2017, c. 22, Sched. 2, s. 18. (4) An employment standards officer is not entitled to use force to enter and inspect a place. (4) Subsection (1) does not apply with respect to an employee who is an executive. (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. 2, s. 3. (b) the paid time off work is taken within three months of the work week in which the overtime was earned or, with the employees agreement, within 12 months of that work week. 1, eff. Information about claims filed with the Board under the Workplace Safety and Insurance Act, 1997 in respect of the employee. 1, s. 38. (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. 19 An employer may require an employee to work more than the maximum number of hours permitted under section 17 or to work during a period that is required to be free from performing work under section 18 only as follows, but only so far as is necessary to avoid serious interference with the ordinary working of the employers establishment or operations: 2. The order is not subject to review under section 116. 2009, c.16, s.2. (b) if another percentage is prescribed, the prescribed percentage of the money to which he or she was entitled. 2021, c. 35, Sched. 1, s. 64. Evidence of entitlement, declared emergency. muckraker Determination if person fails to attend, etc. 2, s. 10. 2004, c.21, s.9. A, s.3. Repealed: 2002, c.18, Sched. Final text of the GDPR including recitals. 2009, c.9, s.3. I, s.1 (2); 2002, c.18, Sched. 2, s. 14. 82 (1) No provision in a contract, in the articles of incorporation or the by-laws of a corporation or in a resolution of a corporation relieves a director from the duty to act according to this Act or relieves him or her from liability for breach of it. (32) No action or other proceeding for damages may be commenced against a member of the board of directors, or an officer or employee of the Board, for an act or omission done or omitted by the person in good faith in the execution or intended execution of any power or duty under this section. 2000, c.41, s.13 (3). 1, s. 21. 2001, c.9, Sched. (1) This Act shall apply to the processing of personal data by. 2000, c.41, s.117 (4). b) act in the capacity of judicial bodies in matters other than administrative matters. 2000, c.41, s.44 (2). (2) The chair of the Board may make rules to expedite decisions about the Boards jurisdiction, and those rules, (a) may provide that the Board is not required to hold a hearing; and. d. a. b. 2, s. 3. 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. 2002, c.18, Sched. (2) An employer may indemnify a director, a former director and the heirs or legal representatives of a director or former director against all costs, charges and expenses, including an amount paid to satisfy an order under this Act, including an order which is the subject of a filing under section 126, reasonably incurred by the director with respect to any civil or administrative action or proceeding to which he or she is a party by reason of being or having been a director of the employer if, (a) he or she has acted honestly and in good faith with a view to the best interests of the employer; and. 2000, c.41, s.20 (2). Search for a department and find out what the government is doing (iv) if the applicant is a partnership, the name and address of each partner in the partnership. 5. 2020, c. 3, s. 5 (3). The officer acquires information that suggests to him or her the possibility that a client may have contravened this Act or the regulations with respect to an assignment employee or prospective assignment employee. A holder of political, religious or judicial office. 2001, c.9, Sched. 2000, c.41, s.134; 2009, c.9, s.26. ENSURING COMPLIANCE WITH LAW. 2004, c.21, s.5. Any other persons specified by the Board. 2014, c. 10, Sched. 2000, c.41, s.91 (4). 2000, c.41, s.89 (3). 2014, c. 10, Sched. (3) Subject to subsection (4), a collector. The employee is under a direction given by his or her employer in response to a concern of the employer that the employee may expose other individuals in the workplace to the designated infectious disease. (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 2021, c. 9, s. 3. (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. 1, s. 38. (semaine) 2017, c. 22, Sched. 2018, c. 14, Sched. On proof satisfactory to the court, a personal representative of an estate is entitled to all necessary and reasonable expenses incurred by the representative in: (1) collecting or attempting to collect a claim or debt owed to the estate; or. (test du dtecteur de mensonges) 2000, c.41, s.68; 2009, c.9, s.2. (c) the employer lays the employee off for a period longer than the period of a temporary lay-off. I, s.1 (16). The hours of work associated with the assignment. 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. 2000, c.41, s.130 (6). 1. public bodies of the Federation, 2. public bodies of the Lnder, where data protection is not governed by Land law and where they. (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. 2022, c. 7, Sched. 2000, c.41, s.97 (4). (24) The Board shall maintain such records relating to the administration of this section as are required by the Ministry, including records that are necessary to verify applications and payments made under this section, and shall provide those records to the Ministry. 2002, c.18, Sched. 1, s. 38. (2) An employer may apply to the Board, in accordance with this section, to be reimbursed for payments made to an employee for paid leave taken under subsection 50.1 (1.2). 2017, c. 22, Sched. 2000, c.41, s.137 (7). 2014, c. 10, Sched. 2015, c. 32, s. 1. 1, s. 23. 2014, c. 6, s. 3; 2016, c. 23, s. 46; 2021, c. 4, Sched. (2) Authority to publish under subsection (1) includes authority to publish on the Internet. (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. (1.1) If an employee has two or more regular rates for work performed for the same employer in a work week, (a) the employee is entitled to be paid overtime pay for each hour of work performed in the week after the total number of hours performed for the employer reaches the overtime threshold; and. The number of hours worked by each assignment employee assigned to perform work for the client in each day and each week. 2000, c.41, s.130 (3). 11, s. 9 (5). 2001, c.9, Sched. PART Xv TERMINATION and severance OF EMPLOYMENT. 1, s. 38. (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.133 (3). 2000, c.41, s.42 (4); 2017, c. 22, Sched. (a) the period to be covered by the examination; (b) the provision or provisions of this Act or the regulations to be covered by the examination; and. A relative of the employee who is dependent on the employee for care or assistance. 1, s. 36. 2000, c.41, s.108 (1). (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. J, s. 3(8). 6. (14) The Board is not required to hold a hearing when making a determination or exercising a power under this section. 2017, c. 22, Sched. 2000, c.41, s.126 (4). 8. 2006, c.19, Sched. 3 A the ratio calculated under paragraph 1. I, s.1(29). 2014, c. 10, Sched. 2009, c.16, s.3. 9, s. 8 (3). (3) The Director shall, in accordance with section 95, serve notice of the demand on the person to whom the demand is made. (2) Without limiting the generality of subsection (1), that subsection applies where a client of a temporary help agency owes money to or is holding money for a temporary help agency. An excluded week shall not be counted as part of the 13 or 35 weeks referred to in subsection 56 (2) but shall be counted as part of the 20 or 52 consecutive week periods referred to in subsection 56 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following sections: (See: 2021, c. 35, Sched. 2000, c.41, s.25 (1). (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. (4) An employee wishing to take pregnancy leave shall give the employer, (a) written notice at least two weeks before the day the leave is to begin; and. 1, s. 66 (2). (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. (2.0.3.6) 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 Working for Workers Act, 2022. J, s.3(23). 2000, c.41, s.141(10); 2004, c.21, s.10(6). 2000, c.41, s.91 (11). PC 573 (9/06) NOTICE OF APPOINTMENT AND DUTIES OF PERSONAL REPRESENTATIVE Estate of Approved, SCAO JIS CODE: NIP (c) during the period that the parties to the collective agreement are or were prohibited by subsection 86 (1) of the Labour Relations Act, 1995 from unilaterally changing the terms and conditions of employment. 2, s. 4. 2, s. 10. 4. (3), (4) Repealed: 2019, c. 4, Sched. week means a period of seven consecutive days beginning on Sunday and ending on Saturday. (8) This section does not apply with respect to a contravention of this Act with respect to an employee who is represented by a trade union. 2, s. 11). 3. 1, s. 59 (1). (4) Subsection (2) applies with necessary modifications to an order made under subsection (3). 1, s. 38. (2.1) Despite subsection (2), an employee may begin parental leave no later than 52 weeks after the day the child is born or comes into the employees custody, care and control for the first time if that day was before the day subsection 32 (2) of Schedule 1 to the Fair Workplaces, Better Jobs Act, 2017 came into force. (b) the applicant satisfies the Director that new evidence is available. Timing of vacation, alternative vacation entitlement year. 104 (1) If an employment standards officer finds a contravention of any of the following Parts with respect to an employee, the officer may order that the employee be compensated for any loss he or she incurred as a result of the contravention or that he or she be reinstated or that he or she be both compensated and reinstated: 3. Requirement to work on a public holiday: certain operations. 26 (1) If a public holiday falls on a day that would ordinarily be a working day for an employee and the employee is not on vacation that day, the employer shall give the employee the day off work and pay him or her public holiday pay for that day. The officer wishes to determine whether the employer of an employee who resides in the employers residence is complying with this Act. (2) An employment standards officer shall not be compelled in a civil proceeding to produce any record or other thing he or she has made or received under this Act except for the purpose of carrying out his or her duties under this Act. 2014, c. 10, Sched. (3) If an employer is insolvent and the employee has caused a claim for unpaid wages to be filed with the receiver appointed by a court with respect to the employer or with the employers trustee in bankruptcy, and the claim has not been paid, the employment standards officer may issue an order to pay wages for which directors are liable under Part XX against some or all of the directors and shall serve it on them in accordance with section 95. 1, s. 6 (6); 2021, c. 40, Sched. 2017, c. 22, Sched. 2000, c.41, s.36 (2). (1.2) During the period of postponement, the employee is deemed to continue to be on leave under section 50.2 for the purposes of sections 51.1 and 52. 34 (1) This section applies if the employer establishes an alternative vacation entitlement year for an employee. 1, s. 23. 2000, c.41, s.113 (2). 122 (1) A person against whom a notice of contravention has been issued under section 113 may dispute the notice if the person makes a written application to the Board for a review, (a) within 30 days after the date of service of the notice; or. (b) the first pay day after the employee makes his or her request. 2000, c.41, s.112 (5). (c) by being sent to the Directors office by fax or email. (2) Where an employee commences a civil proceeding against his or her employer under this Act, notice of the proceeding shall be served on the Director on a form approved by the Director on or before the date the civil proceeding is set down for trial. (3) Subsections (1) and (2) apply to provisions regardless of whether the agreement was entered into before or after the date on which section 74.8 comes into force. 1, s. 19. (3) Despite subsection (2), if the disappearance occurred before January 1, 2018, the employee is entitled to a leave of absence without pay in accordance with section 49.5 as it read on December 31, 2017. 2000, c.41, s.6. 74.7 (1) The Director shall prepare and publish a document providing such information about the rights and obligations of assignment employees, temporary help agencies and clients under this Part as the Director considers appropriate. (4) Subsections (2) and (3) apply even if the employee is not a member of the trade union. 2, s. 29). SUBCHAPTER F. AUTHORITY TO ENGAGE IN CERTAIN BORROWING. 1, s. 6. (a) a person who is qualified to practise as a physician under the laws of the jurisdiction in which care or treatment is provided to the individual described in subsection (3), (b) a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991 A reference to an employer is a reference to a client. Any individual prescribed as a family member for the purposes of this section. and the Board shall not make any payments from the insurance fund for any purpose under this section. (c) the date on which the statement is provided to the employee. (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. (6) No prosecution shall be commenced under this section without the consent of the Director. Such other information as may be prescribed. 2000, c.41, s.56 (5). 351.052. I, s.1 (5). 2000, c.41, s.135 (3). 2000, c.41, s.118 (2). (11) A certificate of service made by the person who served a document under this Act is evidence of the service of the document on the person served and its receipt by that person if, in the certificate, the person who served the document. (9) Participation in a meeting by means described in subsection (7) is attendance at the meeting for the purposes of this section. (iii) 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. 3. 2002, c.18, Sched. (b) if the employee does not have a regular work week, on the average number of days the employee worked per week during the most recently completed vacation entitlement year. J, s.3(27). (2) Despite subsection (1), contraventions with respect to two employees are not substantially the same merely because both employees became entitled to recover money under this Act as a result of a contravention of section 11 or 13 if the contravention of the section was with respect to wages due under different provisions of this Act or the regulations or under provisions of their employment contracts which are not identical or virtually identical. (6) The Director or the designated authority, as the case may be, (a) is entitled to the costs of enforcing the order as if it were an order of the court in which the copy of it was filed; and. 17.2 Repealed: 2019, c. 4, Sched. 2000, c.41, s.112 (7). I, s.1(3). (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. 2020, c. 3, s. 4 (3); 2021, c. 4, Sched. 2, s. 4. 14 (1) Despite any other Act, wages shall have priority over and be paid before the claims and rights of all other unsecured creditors of an employer, to the extent of $10,000 per employee. (7) The production of a document that appears to show that the Director has consented to a prosecution under this section is admissible as evidence of the Directors consent. 91.1 Revoked: 2021, c. 25, Sched. 2, s. 3. (4) Despite subsections (1) and (2), an employee who has filed a complaint may commence a civil proceeding with respect to a matter described in those subsections if he or she withdraws the complaint within two weeks after it is filed. 2000, c.41, s.140 (4). J, s.3(9); 2017, c. 22, Sched. 1, s. 18. (6) Repealed: 2017, c. 22, Sched. 2021, c. 9, s. 3. 1, s. 52. 1, s. 19. 2017, c. 22, Sched. 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. 10. 10. 1, s. 69 (3). (12) If an employee must begin a leave under this section before advising the employer, the employee shall advise the employer of the leave in writing as soon as possible after beginning it and shall provide the employer with a written plan that indicates the weeks in which the employee will take the leave. 8. (2) Subsection (1) does not apply if the statute or order requires the employer to remit the withheld, deducted, returned or given tips or other gratuities to a third person and the employer fails to do so. 11.2 Providing, for the purposes of subsection 51 (5), that subsections 51 (1), (2) and (3) do not apply in respect of an employee during a period of postponement under subsection 53 (1.1). (a) the economic circumstances surrounding the terminations; (b) any consultations that have been or are proposed to take place with communities in which the terminations will take place or with the affected employees or their agent in connection with the terminations; (c) any proposed adjustment measures and the number of employees expected to benefit from each; and. 2000, c.41, s.47 (2). The amount of vacation time that the employee earned during the stub period. 1, s. 6 (8). (4) An employment standards officer shall not amend or rescind an order to pay wages, fees or compensation after the last day on which he or she could have issued that order under subsection (1) unless the employer against whom the order was issued and the employee with respect to whom it was issued consent to the rescission or amendment. 2, s. 3. 9, s.1(10). ii. 125 (1) If an employer, director or other person is liable to make a payment under this Act and the Director believes or suspects that a person owes money to or is holding money for, or will within 365 days owe money to or hold money for the employer, director or other person, the Director may demand that the person pay all or part of the money that would otherwise be payable to the employer, director or other person to the Director in trust on account of the liability under this Act. 1, s. 22. 2, s. 1 (2); 2019, c. 4, 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. (25) The Board may collect and use personal information within the meaning of the Freedom of Information and Protection of Privacy Act for the purpose of administering this section. 351.002. 10. 2, s. 20. 125.1 If the Director considers it advisable to do so, the Director may accept security for the payment of any amounts owing under this Act in any form that the Director considers satisfactory. 2021, c. 9, s. 3. 74.9 (1) A provision in an agreement between a temporary help agency and an assignment employee of the agency that is inconsistent with section 74.8 is void. 2, s. 10. (b) on a later day than was set out in the notice, if the employee gives the employer a new written notice at least four weeks before the day indicated in the original notice. 7. 2021, c. 35, Sched. CONTINGENT INTEREST FOR CERTAIN ATTORNEY'S FEES; COURT APPROVAL. 2021, c. 35, Sched. (v) The employee is providing care or support to an individual referred to in subsection (8) because of a matter related to the designated infectious disease that concerns that individual, including, but not limited to, school or day care closures. 74.5 (1) As soon as possible after a person becomes an assignment employee of a temporary help agency, the agency shall provide the following information, in writing, to the employee: 1. 1, s. 38. 107 (1) An employment standards officer may make an order to pay wages for which directors are liable under Part XX against some or all of the directors of an employer who were not the subject of an order under section 106, and may serve it on them in accordance with section 95. 85 (1) The Minister shall appoint a person to be the Director of Employment Standards to administer this Act and the regulations. 2001, c.9, Sched. 9, s.1(10). (b) that proportion of the collectors fees and disbursements that were added to the amount of the order under subsection 128 (2) that is the same as the proportion of the amount of wages, fees or compensation ordered to be paid that the employee is entitled to receive under the settlement. (18) Nothing in subsection (17) prevents an employer from disclosing a record where. J, s.3(25). 9, s. 8 (4). 2018, c. 14, Sched. (2) A day that is substituted for a public holiday under subsection (1) shall be. 2000, c.41, s.122 (1). 2006, c.13, s.3(3). 4. 1, s. 19. 3. 2000, c.41, s.119 (14). 1, s. 34 (2); 2021, c. 4, Sched. came into force, the employees parental leave ends, (a) 35 weeks after it began, if the employee also took pregnancy leave; and. I, s.1(12). 2015, c. 32, s. 1. Acts 2021, 87th Leg., R.S., Ch. 2017, c. 22, Sched. (3) An employee who agrees to work on a day referred to in subsection (1) or (2) may then decline to work on that day, but only if he or she gives the employer notice that he or she declines at least 48 hours before he or she was to commence work on that day. 2000, c.41, s.75 (2). C, s.33. (2) An employer shall provide a copy of the written policy with respect to disconnecting from work to each of the employers employees within 30 days of preparing the policy or, if an existing written policy is changed, within 30 days of the changes being made. (15) 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. (1.1) If an employee falls within both subparagraphs 1 i and iii of subsection (1), the employer shall pay the employee not less than the minimum wage for a homeworker. 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. Sec. 5. iv. 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. 2, s. 10. Sec. came into force, Note: On a day to be named by proclamation of the Lieutenant Governor, clause 74.12 (1) (a) of the Act is amended by striking out or at the end of subclause (viii) and by adding the following subclause: (See: 2021, c. 35, Sched. The last day of the 52-week period starting on the first day of the week in which the period referred to in subsection (2) begins. 2000, c.41, s.124 (1). Domestic or sexual violence leave where higher rate of wages. 2000, c.41, s.76 (1). I, s.1(11). (3) An employee to whom this section applies may forego vacation and receive vacation pay in accordance with section 41 rather than completing his or her vacation under this section. TREATMENT OF CERTAIN AMOUNTS RECEIVED FROM MINERAL LEASE. (5.1) An employee is entitled to take a leave under clause (1.1) (b) starting on the prescribed date and for as long as, (a) he or she is not performing the duties of his or her position because of a reason referred to in subclauses (1.1) (b) (i) to (vii); and. 2014, c. 6, s. 3. 2, s. 10. A reference to an employee includes a reference to an assignment employee or prospective assignment employee. (v) gives information to an employment standards officer. If the employee applies for a review of a refusal to issue an order under section 74.14, 74.16, 74.17, 103, 104 or 108, the person against whom such an order could be issued. 1, s. 66 (2). (3) This section applies with necessary modifications to inspections of employers by employment standards officers. This subchapter applies only to the estate of a decedent that is being administered under the direction, control, and orders of a court in the exercise of the court's probate jurisdiction. APPLICATION AND ORDER FOR PAYMENT OF CERTAIN ESTATE INCOME. 2000, c.41, s.127 (2); 2017, c. 22, Sched. 2000, c.41, s.94. 2004, c.21, s.1; 2019, c. 4, Sched. (2) Employees may be appointed under the Public Service Act, and the director may retain other persons, whom the director considers necessary to exercise the director's powers and perform the director's J, s.3(21). 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