Employment Standards Act, R.S.O. 1990, c. E.14

JurisdictionOntario
End of Effective Date04 September 2001
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Employment Standards Act

R.S.O. 1990, CHAPTER E.14

Note: This Act was repealed on September 4, 2001. See: 2000, c. 41, ss. 142, 144 (1), 145.

Amended by: 1991, c. 5, ss. 13-17; 1991, c. 16; 1991, c. 43, s. 2; 1992, c. 21, ss. 58-61; 1993, c. 27, s. 4; 1993, c. 27, Sched.; 1993, c. 38, s. 64; 1994, c. 27, ss. 57, 119; 1995, c. 1, ss.71-79; 1996, c. 23; 1996, c. 34, ss. 3, 4; 1997, c. 4, s. 80; 1997, c. 21, s. 3; 1997, c. 31, s. 149; 1998, c. 8, ss. 24-48; 1999, c. 6, s. 22; 2000, c. 41, ss. 143, 144 (1).

Definitions

Definitions

1.In this Act,

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

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

“Deputy Minister” means the Deputy Minister of Labour; (“sous-ministre”)

“Director” means the person appointed by the Minister as Director of Employment Standards for the purposes of this Act; (“directeur”)

“employee” includes a person who,

(a) performs any work for or supplies any services to an employer for wages,

(b) does homework for an employer, or

(c) receives any instruction or training in the activity, business, work, trade, occupation or profession of the employer,

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

“employer” includes,

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

(b) any associated or related corporations, individuals, firms, syndicates or associations treated as one employer under section 12, where any one has control or direction of, or is directly or indirectly responsible for, the employment of a person therein,

and includes a person who was an employer; (“employeur”)

“employment standard” means a requirement imposed upon an employer in favour of an employee by this Act or the regulations; (“norme d’emploi”)

“employment standards officer” means a person appointed for the purposes of this Act, and includes the Director; (“agent des normes d’emploi”)

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

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

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

“homework” means the doing of any work in the manufacture, preparation, improvement, repair, alteration, assembly or completion of any article or thing or any part thereof in premises occupied primarily as living accommodation, and “homeworker” has a corresponding meaning; (“travail à domicile”, “travailleur à domicile”)

“labour relations officer” means a labour relations officer appointed under the Labour Relations Act, 1995; (“agent des relations de travail”)

“Minister” means the Minister of Labour; (“ministre”)

“Ministry” means the Ministry of Labour; (“ministère”)

“overtime rate” means the hourly rate of pay that an employee is entitled to receive for hours of work in excess of,

(a) the hours of work in a week prescribed in section 24 or the regulations, or

(b) the regular hours of work in a day or a week under a contract of employment that under subsection 4 (2) prevails over the provisions of section 24,

and “overtime pay” has a corresponding meaning; (“taux du temps supplémentaire”, “salaire pour temps supplémentaire”)

“payroll” means, in respect of an employer, the greater of,

(a) the wages earned by employees in the twelve-month period ending on the last day of the last fiscal year established by the employer that ended prior to the termination of an employee’s employment,

(b) the wages earned by employees in the twelve-month period ending on the last day of the second last fiscal year established by the employer that ended prior to the termination of an employee’s employment, or

(c) the wages earned by employees in the four weeks that ended with the last day of the last pay period completed prior to the termination of an employee’s employment, multiplied by 13; (“masse salariale”)

“premium rate” means the rate of pay to which an employee is entitled for each hour of employment on a public holiday, or a day that is deemed to be a public holiday, and “premium pay” has a corresponding meaning; (“taux de majoration”, “salaire majoré”)

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

“public holiday” means New Year’s Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day and the 26th day of December; (“jour férié”)

“regular rate” means,

(a) the wage rate of an employee for an hour of work in a regular non-overtime work week,

(b) where clause (a) does not apply, the average hourly rate calculated by dividing the wages of an employee earned in a week by the number of hours the employee worked in that week where the employer has made and kept in accordance with this Act complete and accurate records thereof, or

(c) where clauses (a) and (b) do not apply, the hourly rate determined by an employment standards officer; (“taux normal de salaire”)

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

“severance pay” means the amount of pay to which an employee is entitled under section 58; (“indemnité de cessation d’emploi”)

“statutory notice period” means,

(a) the period of notice required to be given by an employer under section 57, or

(b) where the employer provides a greater amount of notice than is required by section 57, that part of the notice period ending with the termination date specified in the notice which equals the notice period required under section 57; (“délai de préavis prévu par la loi”)

“termination pay” means the amount of pay to which an employee is entitled under section 57; (“indemnité de licenciement”)

“trade union” means an organization which is,

(a) a “trade union” as defined in the Labour Relations Act,

(b) a designated bargaining agent as defined in section 277.1 of the Education Act,

(c) a bargaining agent for firefighters under Part IX of the Fire Protection and Prevention Act, 1997,

(d) Repealed: 1993, c. 38, s. 64.

(e) a “bargaining agent” as defined in the Crown Employees Collective Bargaining Act; (“syndicat”)

“wages” means any monetary remuneration payable by an employer to an employee under the terms of a contract of employment, oral or written, express or implied, any payment to be made by an employer to an employee under this Act and any allowances for room or board as prescribed in the regulations or under an agreement or arrangement therefor but does not include,

(a) tips and other gratuities,

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

(c) travelling allowances or expenses,

(d) contributions made by an employer to a fund, plan or arrangement to which Part X of this Act applies; (“salaire”)

“week” means a period of seven consecutive days; (“semaine”)

“work week” means a week of work established by the practice of the employer or determined by an employment standards officer. (“semaine de travail”) R.S.O. 1990, c. E.14, s. 1; 1993, c. 38, s. 64; 1996, c. 23, s. 1; 1997, c. 4, s. 80; 1997, c. 31, s. 149; 1998, c. 8, s. 24.

PART I
GENERAL APPLICATION

Application of Act

2.(1) Sections 13 and 13.1 and Parts IX, X, XI, XII and XIV apply to the Crown, every agency thereof and any board, commission, authority or corporation that exercises any functions assigned or delegated to it by the Crown. R.S.O. 1990, c. E.14, s. 2 (1); 1995, c. 1, s. 71; 1997, c. 21, s. 3 (1).

Idem

(2) This Act applies to every contract of employment, oral or written, express or implied,

(a) where the employment is for work or services to be performed in Ontario; or

(b) where the employment is for work or services to be performed both in and out of Ontario and the work or services out of Ontario are a continuation of the work or services in Ontario. R.S.O. 1990, c. E.14, s. 2 (2).

Procedure

(3) The Statutory Powers Procedure Act does not apply to the exercise of any power conferred by section 5, 12, 16, 18 or 20, subsection 24 (3), section 29 or 31, subsection 32 (4), section 45, 48, 51 or 65 or subsection 67 (1) or (2) of this Act. R.S.O. 1990, c. E.14, s. 2 (3); 1991, c. 16, s. 1 (1); 1994, c. 27, s. 57 (1).

Non-application of the Statutory Powers Procedure Act

(4) The Statutory Powers Procedure Act does not apply to the exercise of any power conferred on the Program Administrator under Part XIV.1.

Same

(5) The Statutory Powers Procedure Act does not apply with respect to a determination by the Board as to whether or not to extend the time for making an application for a review under section 68. 1998, c. 8, s. 25.

Waiver, etc., to be null and void

3.(1) Subject to section 4, no employer, employee, employers’ organization or employees’ organization shall contract out of or waive an employment standard, and any such contracting out or waiver is null and void. R.S.O. 1990, c. E.14, s. 3.

Exception

(2) A person who receives a benefit under a compromise or settlement described in subsection 65.1 (1) or section 73.0.3 is bound by it if the person required to give the benefit under the compromise or settlement does so.

Same

(3) A compromise or settlement is not binding if it is entered into as a result of fraud or coercion. 1996, c. 23, s. 2.

Employment standard deemed minimum

4.(1) An employment standard shall be deemed a minimum requirement only.

Greater benefit to prevail

(2) A right, benefit, term or condition of...

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