(c) otherwise introduced the employee to the client. (3) The client shall ensure that the records required to be retained under this section are readily available for inspection as required by an employment standards officer, even if the client has arranged for another person to retain them. 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. (a) the public holiday on which the employee will work; (b) the date of the day that is substituted for a public holiday under clause (2) (a); and. 2000, c.41, s.141(8). The lump sum that an assignment employee is entitled to be paid under clause 61 (1) (a) is a lump sum equal to the amount the employee would have been entitled to receive under paragraph 7 had notice been given in accordance with section 57 or paragraph 4.3 of this section. 21.1.2 (1) An employer that, on January 1 of any year, employs 25 or more employees shall, before March 1 of that year, ensure it has a written policy in place for all employees with respect to disconnecting from work that includes the date the policy was prepared and the date any changes were made to the policy. 1, s. 60. 9, s. 1 (1). (semaine) 2017, c. 22, Sched. (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. 2000, c.41, s.5 (2). (e) question any person on matters the officer thinks may be relevant to the investigation or inspection. 2009, c.16, s.2. The business consultant or information technology consultant provides services through, i. a corporation of which the consultant is either a director or a shareholder who is a party to a unanimous shareholder agreement, or. J, s.3(9); 2017, c. 22, Sched. (a) refuses to issue or renew a licence under section 74.1.5 and the client enters into an employment relationship with the employee after the refusal; (b) revokes the licence to operate the temporary help agency under section 74.1.6 and the client enters into an employment relationship with the assignment employee after the revocation; (c) suspends the licence to operate the temporary help agency under section 74.1.6 and the client enters into an employment relationship with the assignment employee while the licence is suspended; or. (3.1)-(8) Repealed: 2014, c. 10, Sched. 2000, c.41, s.126 (2). If the employee applies for the review of an order, the person against whom the order was issued. 3. J, s.3(22). 2001, c.9, Sched. (2) A day that is substituted for a public holiday under subsection (1) shall be. 4. (Canada) unaffected. (2) The Director may specify his or her powers under sections 125, 125.1, 125.2, 125.3, 126, 130 and subsection 135 (3) and the Boards powers under section 19 of the Statutory Powers Procedure Act in an authorization under subsection (1). I, s.1(12). 2000, c.41, s.58 (4). 1, s. 38. 2002, c.18, Sched. 2006, c.19, Sched. 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. (3) The Director may authorize an employment standards officer to exercise a power or to perform a duty conferred upon the Director under this Act, either orally or in writing. 9, s. 7. (3) Subject to subsection (4), an employee is entitled to take up to 37 weeks of leave under this section to provide care or support to a critically ill minor child. The hourly or other wage rate or commission, as applicable, and benefits associated with the assignment. 2001, c.9, Sched. 351.104. 2017, c. 22, Sched. (13) An employee who wishes to take a leave under clause (4) (b) shall advise the employer in writing that the employee will be doing so. 2000, c.41, s.118 (2). GENERAL AUTHORITY OF PERSONAL REPRESENTATIVES. Vacation for stub period, less than five years of employment. 2, s. 9. 4. 2021, c. 9, s. 3. POWERS AND DUTIES OF PERSONAL REPRESENTATIVES IN GENERAL. 2009, c.9, s.4. 2000, c.41, s.67 (7). (4) On a review under this section, the onus is on the Director to establish, on a balance of probabilities, that the person against whom the notice of contravention was issued contravened the provision of this Act indicated in the notice. (4) Both active employment and inactive employment shall be included for the purposes of subsections (2) and (3). 2, s. 5. A licence to operate as a temporary help agency. Note: On a day to be named by proclamation of the Lieutenant Governor, section 115.1 of the Act is amended by striking out or a 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. 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. 7. 2000, c.41, s.15 (3); 2017, c. 22, Sched. 8. 2000, c.41, s.137 (2). 2, s. 9. 2017, c. 22, Sched. at least 12 weeks before termination, if the number of assignment employees whose employment is terminated is 200 or more but fewer than 500, or. 2017, c. 22, Sched. 1, s. 44. (2.2) For the purposes of this section, each of the following agreements shall be treated as if it were an agreement described in clause (2) (a): 1. 2002, c.18, Sched. 2000, c.41, s.112 (8). 9, s.1(9). I, s.1(29). Read our dashboards guidance. 2 (1) The Director shall prepare and publish a poster providing such information about this Act and the regulations as the Director considers appropriate. 2000, c.41, s.23 (3). 2000, c.41, s.4 (5). 2000, c.41, s.106 (1); 2009, c.9, s.8(1). 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). 2001, c.9, Sched. 2004, c.21, s.9. SUBCHAPTER D. COLLECTION OF CLAIMS; RECOVERY OF PROPERTY. 125.3 (1) If an order to pay money has been made under this Act, the amount the order requires the person to pay, including any applicable interest is, upon registration by the Director in the proper land registry office of a notice claiming a lien and charge conferred by this section, a lien and charge on any interest the employer, director or other person has in the real property described in the notice. (i) asks the client or the temporary help agency to comply with their respective obligations under this Act and the regulations. 2006, c.13, s.3(3). (8) Repealed: 2017, c. 22, Sched. 2000, c.41, s.56 (5). (See: 2021, c. 35, 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. (6) Despite subsection (2), the Director may permit an employee to file a complaint and may direct an employment standards officer to investigate it if the Director considers it appropriate in the circumstances. 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. (2.3) For the purpose of clause (1) (c), an employee who does not have a regular work week is laid off for 35 or more weeks in any period of 52 consecutive weeks if for 35 or more weeks in any period of 52 consecutive weeks he or she earns less than one-quarter the average amount he or she earned per week in the period of 12 consecutive weeks that preceded the 52-week period. (2) An employees hours of work may exceed the limit set out in clause (1) (a) if the employee has made an agreement with the employer that he or she will work up to a specified number of hours in a day in excess of the limit and his or her hours of work in a day do not exceed the number specified in the agreement. 2017, c. 22, Sched. at least 16 weeks before termination, if the number of assignment employees whose employment is terminated is 500 or more. (31) An employment standards officer or other prescribed person may investigate a possible contravention of this section. (3) Nothing in subsection (2) precludes the employee from an entitlement he or she may have under a benefit plan. 2. (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. (15) Repealed: 2018, c. 14, Sched. 2000, c.41, s.80(4); 2010, c.15, s.224. (See: 2018, c. 14, Sched. 18. (1.7) Subject to subsections (1.8) and (1.9), an employee is entitled to take the three paid days of leave before any of the unpaid days of leave. In addition to the persons referred to in subsection 102 (2), the following persons may be required to attend the meeting: ii. Alaska waters support some of the most important commercial fisheries in the world. 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. Sec. (7) An employer may require an employee who takes a leave under this section to provide evidence that the employee is entitled to the leave. (9) If the employee renounces the right to be recalled or the right expires, the amount held in trust shall be paid to the employee and, if the right to be recalled had not expired, the employee shall be deemed to have abandoned the right. (4) If a settlement respecting money that is owing under a notice of contravention is made under this section, the notice is void if the person against whom the notice was issued does what the person agreed to do under the settlement. 2, s. 10. (10) Notice under subsection (5), (6) or (9) shall be given in writing. Sec. 50.0.1 (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 any of the following: 1. 2018, c. 14, Sched. (2) An employer may withhold or make a deduction from an employees wages or cause the employee to return them if a statute of Ontario or Canada or a court order authorizes it. I, s.1(23). (11) If an employee takes a leave under this section and the individual referred to in subsection (3) does not die within the 52-week period referred to in paragraph 2 of subsection (5), the employee may, in accordance with this section, take another leave and, for that purpose, the reference in subsection (6) to the first certificate shall be deemed to be a reference to the first certificate issued after the end of that period. (d) any proceeding, other than a prosecution, respecting the contravention or alleged contravention is terminated. 2009, c.9, s.16; 2017, c. 22, Sched. (1.9) If, between April 19, 2021 and the day the A temporary help agency shall, in addition to meeting the posting requirements set out in clause 58 (2) (b) and subsection 58 (5), provide the information required to be provided to the Director under clause 58 (2) (a) to each employee to whom it is required to give notice in accordance with paragraph 4.3 on the first day of the notice period or as soon after that as is reasonably possible. 2006, c.13, s.3(4). 1, s. 14. Total amount of leave critically ill minor child. 2, s. 7 (2). Part v.1 employee tips and other gratuities. J, s.3(23). 3. 2, s. 3. (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). 7, s.1; 2017, c. 22, Sched. (4) For greater certainty, a requirement to submit an address to the Director under subsection (1) includes addresses in Ontario and outside of Ontario, including outside of Canada. 2000, c.41, s.91 (2). 3. 66 (1) An employer may pay severance pay to an employee who is entitled to it in instalments with the agreement of the employee or the approval of the Director. 2021, c. 9, s. 3. I, s.1(22); 2014, c. 10, Sched. The date the policy was prepared and the date any changes were made to the policy. (b) there is no dispute that a specified amount of wages, fees or compensation is owing. 2, s. 4. 1, s. 65. SUBCHAPTER B. (2) This Part does not apply with respect to directors of corporations to which the Not-for-Profit Corporations Act, 2010 applies or to which the Co-operative Corporations Act applies. (8) 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. (28) Except as otherwise provided for in this section, the Board shall not disclose any information collected under the authority of this section unless authorized or required by law to do so. Assignment to perform work includes training. 2017, c. 22, Sched. 2000, c.41, s.104 (4). 351.354. 2021, c. 9, s. 5 (1). (7) An employment standards officer who issues an order with respect to an employee under this section shall advise the employee of its issuance by serving a letter, in accordance with section 95, on the employee. 2017, c. 22, Sched. (b) if the employee and the employer agree, a day that is no more than 12 months after the public holiday. 74.1.14 No applicant who is refused a licence or renewal of a licence or whose licence is revoked may apply to the Director for a licence unless, (a) at least two years have passed since the refusal or revocation; or. (3.1) An employee may begin her pregnancy leave no later than the earlier of. 2, s. 10. (13) No person shall prevent or attempt to prevent an employment standards officer from making inquiries of any person separate and apart from another person under clause (6) (e). 2000, c.41, s.137 (1). The representative should act on behalf of the controller or the processor and may be addressed by any supervisory authority. For information referred to in paragraph 1 or 3 of subsection (1), three years after the employee ceased to be employed by the employer. (2.6) The Lieutenant Governor in Council may make regulations respecting the licensing of temporary help agencies and recruiters under Part XVIII.1 (Temporary Help Agencies and Recruiters), and without restricting the generality of the foregoing, may make regulations. 2000, c.41, s.65 (7). (4) The employer is not required to provide a statement to an employee more than once with respect to a vacation entitlement year or stub period. (iii) if the applicant is a corporation, the name and address of each officer or director of the corporation. (vii) such other information or statements as may be prescribed; (c) providing the Director with the prescribed security; and. (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). 2017, c. 22, Sched. (5) The Director shall not authorize a collector who is required to be registered under the Collection and Debt Settlement Services Act to collect disbursements. 6.012, eff. 2, s. 2 (2). (2.0.4) In the event of a conflict between this Act or the regulations and a regulation made under subsection (2.0.3), (2.0.3.1), (2.0.3.2), (2.0.3.3), (2.0.3.4), (2.0.3.5) or (2.0.3.6), the regulation made under subsection (2.0.3), (2.0.3.1), (2.0.3.2), (2.0.3.3), (2.0.3.4), (2.0.3.5) or (2.0.3.6) prevails. (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). (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. 48 (1) An employee who has been employed by his or her employer for at least 13 weeks and who is the parent of a child is entitled to a leave of absence without pay following the birth of the child or the coming of the child into the employees custody, care and control for the first time. (2) the appointment of a successor independent administrator under Section 404.005. 2, s. 3. 2017, c. 22, Sched. (2) Subsection (1) does not apply with respect to a distribution made under the Bankruptcy and Insolvency Act (Canada) or other legislation enacted by the Parliament of Canada respecting bankruptcy or insolvency. 2000, c.41, s.120 (6); 2009, c.9, s.21; 2017, c. 22, Sched. I, s.1 (7). 5. (b) an individual who was appointed Director has ceased to be the Director and no new Director has been appointed. 2017, c. 22, Sched. 74.1.8 A licence is subject to such terms and conditions as are prescribed. 2007, c.16, 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. 1, s. 69 (5); 2018, c. 14, Sched. (b) for the purpose of assessing or purporting to assess the credibility of a person. muckraker Daily U.S. military news updates including military gear and equipment, breaking news, international news and more. 11.1 If the requirements of subsection (7) are met, a business consultant or an information technology consultant. 2502), Sec. A, s.3; 2022, c. 7, Sched. 1, s. 35 (1). (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. 2018, c. 14, Sched. b) act in the capacity of judicial bodies in matters other than administrative matters. (b) by the designated authority, if the employment standards legislation of the reciprocating state does not provide for the filing of the order in a court. 85 (1) The Minister shall appoint a person to be the Director of Employment Standards to administer this Act and the regulations. Advice to person against whom order was made. (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). 2, s. 7). (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. 2000, c.41, s.65 (2). (a) order that the person cease contravening the provision; (b) order what action the person shall take or refrain from taking in order to comply with the provision; and. 2007, c.16, Sched. ATTENTION: The above duties are not the only duties required of the personal representative. 2000, c.41, s.88(6); 2006, c.21, Sched. 6, s. 4. 96 (1) A person alleging that this Act has been or is being contravened may file a complaint with the Ministry in a written or electronic form approved by the Director. 2009, c.9, s.18. 2000, c.41, s.88 (2). (2) The client shall retain or arrange for some other person to retain the records required under subsection (1) for three years after the day or week to which the information relates. 44 (1) Except as prescribed, no employer or person acting directly on behalf of an employer shall provide, offer or arrange for a benefit plan that treats any of the following persons differently because of the age, sex or marital status of employees: 4. (a) an agreement to exceed the limit on hours of work in a day set out in clause (1) (a) of this section as it read on February 28, 2005 shall be treated as if it were an agreement described in subsection (2); (b) an agreement to exceed the limit on hours of work in a work week set out in clause (1) (b) of this section as it read on February 28, 2005 shall be treated as if it were an agreement described in subsection (3); and. (4) For the purposes of subsection (3), a notice of lien and charge under subsection (2) does not have priority over a perfected purchase money security interest in collateral or its proceeds and is deemed to be a security interest perfected by registration for the purpose of the priority rules under section 30 of the Personal Property Security Act. 2021, c. 9, s. 2 (2). 2004, c.21, s.9. 2021, c. 35, Sched. 9, s. 3 (2). (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. 1, s. 8 (5). any evidence or submissions provided by or on behalf of the employee before or during the meeting. 2, s. 8). 74.1.11 (1) The Director may cancel a licence upon the request, in writing, of the licensee. PART XXVI MISCELLANEOUS EVIDENTIARY PROVISIONS. (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. 2014, c. 10, Sched. (26) The Board may use information collected under the authority of this section for the purpose of administering and enforcing the Workplace Safety and Insurance Act, 1997. Subsection 61 (1.1) does not apply to temporary help agencies and their assignment employees. (3) If the Board determines that the employer, organization or person acting directly on behalf of an employer or organization contravened Part XIII, the Board may order the employer, organization or person, (a) to cease contravening that Part and to take whatever action the Board considers necessary to that end; and. (1.2) If a range has been prescribed as the penalty for a contravention, the employment standards officer shall determine the amount of the penalty in accordance with the prescribed criteria, if any. (c) the employer lays the employee off for a period longer than the period of a temporary lay-off. (conjoint) 2000, c.41, s.45; 2001, c.9, Sched. Provision of assistance in special purposes proceedings. (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. 2021, c. 9, s. 2 (2). (2) The employer shall determine when the employee shall take his or her vacation for the stub period, subject to the following rules: 1. 2017, c. 22, Sched. 351.203. I, s.1(1); 2002, c.18, Sched. 9, s. 2 (1). 2014, c. 10, Sched. (6) Subject to subsection (7), the Board may make an order against the employer and, if it finds that the employer and the other person are one employer under section 4, it may make an order against the other person. 13 (1) An employer shall not withhold wages payable to an employee, make a deduction from an employees wages or cause the employee to return his or her wages to the employer unless authorized to do so under this section. 2000, c.41, s.30 (4); 2002, c.18, Sched. 351.102. 2017, c. 22, Sched. (3) An employer shall provide a copy of the written policy with respect to disconnecting from work that applies to a new employee within 30 days of the day the employee becomes an employee of the employer. 2017, c. 22, Sched. 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. If the employee, without reasonable cause, performs none of the work that he or she agreed to perform on the public holiday, the employee has no entitlement under subsection (2). 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). (b) the minimum wage for the class is the minimum wage prescribed for it. 2000, c.41, s. 144. 3. (9) An employer shall retain or arrange for some other person to retain copies of every averaging agreement that the employer has made with an employee under clause 22 (2) (a) for three years after the last day on which work was performed under the agreement. 2000, c.41, s.13 (4). (3) For greater certainty, a serious medical condition referred to in subsection (2) may include a condition that is chronic or episodic. 2009, c.9, s.3. (10) A limitation period set out in section 114 prevails over a limitation period in any other Act, unless the other Act states that it is to prevail over this Act. 2000, c.41, s.91 (12). 1, s. 6 (4); 2021, c. 40, Sched. 1, s. 26 (3); 2019, c. 4, Sched. (a) A personal representative shall file a notice in the real property records of the county in which the real property is located before purchasing, selling, leasing, or otherwise encumbering any real property of the business in accordance with an order entered under Section 351.202(a). Charging a fee to an assignment employee of the agency in connection with assisting or instructing him or her on preparing resumes or preparing for job interviews. (b) the averaging period does not exceed four weeks or the number of weeks specified in the agreement, whichever is lower. (2) An employee who is represented by a trade union that is or was a party to a collective agreement may not file a complaint alleging a contravention of this Act that is enforceable under subsection (1) or have such a complaint investigated. January 1, 2002] Page 2 of 2. 2021, c. 35, Sched. (4) The employment standards officer may require the person to bring to the meeting or make available for the meeting any records or other documents specified in the notice. 74.17 (1) If an employment standards officer finds that section 74.12 has been contravened with respect to an assignment 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 in the assignment or that he or she be both compensated and reinstated. 2000, c.41, s.59 (1). (9) An employee may take a leave at a time other than that indicated in the plan provided under subsection (7) or (8) if the change to the time of the leave meets the requirements of this section and. 2000, c.41, s.113 (9). A, s.6(2). (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. 2. 351.051. 1, s. 1; 2021, c. 9, s. 1; 2021, c. 25, Sched. (ii) because of an order that applies to him or her made under the Health Protection and Promotion Act, (iii) because he or she is needed to provide care or assistance to an individual referred to in subsection (8), or, (iv) because of such other reasons as may be prescribed; or. 110 (1) If, after a person files a complaint alleging a contravention of this Act in respect of which an order could be issued under section 74.14, 74.16, 74.17, 103, 104 or 108, an employment standards officer assigned to investigate the complaint refuses to issue such an order, the officer shall, in accordance with section 95, serve a letter on the person advising the person of the refusal. (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. The amount of vacation time that the employee earned during the stub period. (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. 51.1 (1) An employee who is on leave under this Part may defer taking vacation until the leave expires or, if the employer and employee agree to a later date, until that later date if, (a) under the terms of the employees employment contract, the employee may not defer taking vacation that would otherwise be forfeited or the employees ability to do so is restricted; and. 2009, c.9, s.22. (a) in the case of service under clause (3) (a), on the day shown on a receipt or acknowledgment provided to the employee by the Director or his or her representative; (b) in the case of service under clause (3) (b), on the day shown in the verification; (c) in the case of service under clause (3) (c), on the day on which the fax or email is sent, subject to subsection (5). 2, s. 5. 2009, c.9, s.4. 6, s. 3. 2000, c.41, s.30 (3). (b) the employee provides the employer with four weeks written notice before the change is to take place. 2009, c. 33, Sched. 1, s. 67. (2.0.3.3) The Lieutenant Governor in Council may make regulations providing for any transitional matter that the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of the amendments made by the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020. 2, s. 11). (v.3) discloses the rate paid to an employee of the client to the assignment employees temporary help agency for the purposes of determining or assisting another person in determining whether a temporary help agency complied with section 42.2, as it read immediately before the day section 10 of Schedule 1 to the Making Ontario Open for Business Act, 2018 61 (1) An employer may terminate the employment of an employee without notice or with less notice than is required under section 57 or 58 if the employer, (a) pays to the employee termination pay in a lump sum equal to the amount the employee would have been entitled to receive under section 60 had notice been given in accordance with that section; and. 2, s. 10. 2009, c.9, s.24(1). 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. (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. 1, s. 38. 2000, c.41, s.119 (9). (7) For greater certainty, nothing in this section affects or limits an employers ability to use information obtained through electronic monitoring of its employees. 62 (1) If an employer terminates the employment of employees without giving them part or all of the period of notice required under this Part, the employees shall be deemed to have been actively employed during the period for which there should have been notice for the purposes of any benefit plan under which entitlement to benefits might be lost or affected if the employees cease to be actively employed. 2000, c.41, s.29 (2). DEFINITION. 2007, c.16, Sched. 2021, c. 35, Sched. 227. 2000, c.41, s.122 (4). (3) The recruiter shall ensure that the records required to be retained under this section are readily available for inspection as required by an employment standards officer, even if the recruiter has arranged for another person to retain them. 2017, c. 22, Sched. 16.1 Governing penalties for contraventions for the purposes of subsection 113 (1). (b) he or she is not assigned by the agency to perform work for a client on a temporary basis. (3) If an employee has filed a complaint alleging a contravention of this Act or the regulations and an order could be issued under section 74.14, 74.16, 74.17, 103, 104 or 108 with respect to such a contravention, the employee is entitled to a review of an employment standards officers refusal to issue such an order if, within the period set out in subsection (4), the employee applies to the Board in writing for such a review. 4. (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. Such other information as may be prescribed. 2, s. 3. 1, s. 24. (c) any encumbrance or other claim that is registered against or that otherwise arises and affects the employer, director or other persons property after the notice is registered. (7) No person shall enter into a settlement which would permit or require that person or any other person to engage in future contraventions of this Act. 2, s. 10. (10) If requested by the employer, the employee shall provide the employer with a copy of the certificate referred to in subsection (2) as soon as possible. 2000, c.41, s.120 (3). 1, s. 10. 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. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 109 (1) of the Act is amended by adding 74.19 after 74.17. 2000, c.41, s.88 (9). AUTHORITY TO COMMENCE SUITS. 2017, c. 22, Sched. 2, s. 33 (3). 351.002. 626), Sec. 2, s. 15. 22.2 Repealed: 2019, c. 4, Sched. (5) For the purposes of an employees entitlement under subsection (1), if an employee takes any part of a day as leave under this section, the employer may deem the employee to have taken one day of leave on that day. state includes another province or territory of Canada, a foreign state and a political subdivision of a state. (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. 2002, c.18, Sched. 2018, c. 14, Sched. 2017, c. 22, Sched. 2004, c.21, s.4; 2019, c. 4, Sched. 101.1 (1) An employment standards officer assigned to investigate a complaint may attempt to effect a settlement. (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. (2) The temporary help agency shall retain or arrange for some other person to retain the records required under subsection (1) for three years after the day or week to which the information relates. 2017, c. 22, Sched. 2000, c.41, s.5 (1). (a) shall not reduce the employees wage rate or alter any other term or condition of employment; (b) shall in each week pay the employee the wages the employee is entitled to receive, which in no case shall be less than his or her regular wages for a regular work week; and. 2004, c.21, s.6(1). 1, s. 55. 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. 1, s. 38. 2000, c.41, s.62 (1). 2000, c.41, s.127 (2); 2017, c. 22, Sched. Repealed: 2021, c. 35, Sched. 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. It provides you with financial security and options when you retire, as well as benefits for your family and loved ones. Sec. 2021, c. 35, Sched. 2010, c.16, Sched. (4) An employee is not entitled to a leave of absence under this section if the employee is charged with the crime or if it is probable, considering the circumstances, that the child was a party to the crime. 2000, c.41, s.91 (9). (2) If an employer provides room or board to an employee, the prescribed amount with respect to room or board shall be deemed to have been paid by the employer to the employee as wages. 2009, c.9, s.4. (6) Subject to subsection 118 (2), the Board shall hold a hearing for the purposes of the review. (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.46(3). (1.1) A demand made under subsection (1) remains in force for 365 days from the date the notice of the demand is served. 11 (1) An employer shall establish a recurring pay period and a recurring pay day and shall pay all wages earned during each pay period, other than accruing vacation pay, no later than the pay day for that period. 2017, c. 22, Sched. 2018, c. 14, Sched. Your Civil Service pension: A passport to your passions. 2000, c.41, s.91 (8). (a) there is a permanent discontinuance of all or part of an employers business at the location; (b) the location is part of an establishment consisting of two or more locations; and. (c) If satisfied by the evidence adduced at the hearing on an application filed under Subsection (a) that it is in the interest of the estate to borrow money or to extend and renew an existing lien, the court shall issue an order to that effect that sets out the terms of the authority granted under the order. (2) A collector shall not agree to a settlement under clause (1) (a) without the Directors written approval if the person to whom the money is owed would receive less than, (a) 75 per cent of the money to which he or she was entitled; or. 2021, c. 9, s. 2 (5). 1, s. 21. (2) An employee may refuse to work on a Sunday. I, s.1(6); 2002, c.18, Sched. 2017, c. 22, Sched. 2000, c.41, s.92 (2). (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. A judge is liable on the judge's bond to those damaged if damage or loss results to an estate administered under orders of a county or probate court from the gross neglect of the judge to use reasonable diligence in the performance of the judge's duty under this subchapter. (1.1) Despite clause (1) (b), if an employee who is not entitled to parental leave began her pregnancy leave before January 1, 2018, her pregnancy leave ends on the day that is the later of, (a) 17 weeks after the pregnancy leave began; and. 2009, c.9, s.11. If the judge finds the representative's bond is not sufficient to protect the estate, the judge shall require the representative to execute a new bond in accordance with law. 2021, c. 9, s. 2 (1). 1, s. 38. (3) A notice issued under this section shall be served on the person in accordance with section 95. (3.2) For the purpose of clauses (2) (a) and (b), an excluded week shall be counted as part of the periods of 20 and 52 weeks. Prescribing anything for the purposes of any provision of this Act that makes reference to a thing that is prescribed. 2009, c.9, s.3. 2000, c.41, s.74 (2). Sec. 3. 2017, c. 22, Sched. 9, s.1(4, 5). (2) A payment under subsection (1) shall be made within the later of, (a) seven days after the day the employees employment with the provider ceases; or. (12) If the Board determines that an employer is entitled to be reimbursed under this section, the Board shall pay the employer the amount to which the employer is entitled. 1, s. 15 (4); 2018, c. 14, Sched. Note: On January 1, 2023, section 3 of the Act is amended by adding the following subsections: (See: 2022, c. 7, Sched. (i) the Chief Medical Officer of Health or Associate Chief Medical Officer of Health, (ii) a medical officer of health or an associate medical officer of health, or, (iii) an employee of a board of health, or, (b) a public health official of the Government of Canada; (fonctionnaire de la sant publique), (a) a person who is qualified to practise as a physician or nurse under the laws of the jurisdiction in which care or treatment is provided to the employee or an individual described in subsection (8), or. 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. Sec. 2000, c.41, s.127 (4). Sec. (5) An employee may take a leave under this section only during the 105-week period that begins in the week the child dies. 1, s. 32 (2). 2017, c. 22, Sched. A record of the payment made to the employee in the form approved by the Board. 2017, c. 22, Sched. 2004, c.21, s.2. 1, s. 59 (1). (1.8) If an employee is entitled to both paid leave and unpaid leave under this section, the employee may elect to take one or more days or parts of a day of leave as unpaid leave only if the employee advises the employer in writing, before the end of the pay period in which the leave occurs, that the employee has elected to take that time as unpaid leave. 2, s. 27 (1)). (c) a security interest in the personal property for the purposes of sections 15 and 16 of the Repair and Storage Liens Act, if it is an article as defined in that Act. 2000, c.41, s.48 (2); 2017, c. 22, Sched. (3) Subject to subsection (4), a collector. Employers who are members of prescribed classes. Determination if person fails to attend, etc. (3) An employer that is required under this section to have a written policy with respect to electronic monitoring shall provide a copy of the policy to each of the employers employees within 30 days from the day the employer is required to have the policy in place or, if an existing policy is changed, within 30 days of the changes being made. 351.351. 2000, c.41, s.23 (4); 2014, c. 10, Sched. 2009, c.9, s.3; 2017, c. 22, Sched. 1, s. 19. 8. 1, s. 52. (6.4) Any disclosure made under subsection (6.2) shall be deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act. (See: 2021, c. 35, Sched. (8) An employee may take a leave under this section only in a single period. 2000, c.41, s.106 (4). 3 (1) Subject to subsections (2) to (5), the employment standards set out in this Act apply with respect to an employee and his or her employer if, (a) the employees work is to be performed in Ontario; or. 2021, c. 9, s. 3. 3. (2) If the Director considers it appropriate to do so, the Director may reinstate a licence that has been suspended. (3) Prescribed employees are not entitled to severance pay under this section. 1, s. 36; 2021, c. 4, Sched. (2) If an order issued under this section requires the recruiter to compensate a prospective employee that has engaged or used the services of the recruiter, it shall also require the recruiter to. (a) a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise, or. 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. To obtain services from a victim services organization for the employee or the child of the employee. 2000, c.41, s.106 (5). (c) their work is performed under similar working conditions. 2, s. 3. 2000, c.41, s.89 (2). 2000, c.41, s.97 (1). (2.0.3.5) 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, 2021. (6) An employee who wishes to take a leave under this section shall advise his or her employer in writing that he or she will be doing so. (10) The Board shall not make a determination regarding an employers entitlement to reimbursement under this section if the employers application does not meet the requirements of subsection (7) or is not filed within the time limits set out in subsections (8) and (9). (See: 2018, c. 6, Sched. 177. 1, s. 36. (2) If the employees period of employment is less than five years, the employer shall do the following with respect to the stub period: 1. Client or the processor and may be addressed by any supervisory authority c.21, s.4 ; 2019, c.,... 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