15 (1) An employer shall record the following information with respect to each employee, including an employee who is a homeworker: 1.  The employee’s name and address. 2.  The employee’s date of birth, if the employee is a student and under 18 years of age. 3.  The date on which the employee began his or her employment. 3.1  The dates and times that the employee worked. 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. 4.  The number of hours the employee worked in each day and each week. 5.  The information contained in each written statement given to the employee under subsection 12 (1), section 12.1, subsections 27 (2.1), 28 (2.1), 29 (1.1) and 30 (2.1) and clause 36 (3) (b). 6.  Repealed:  2002, c. 18, Sched. J, s. 3 (7). 2000, c. 41, s. 15 (1); 2002, c. 18, Sched. J, s. 3 (6, 7); 2017, c. 22, Sched. 1, s. 8 (1, 3). Homeworkers (2) In addition to the record described in subsection (1), the employer shall maintain a register of any homeworkers the employer employs showing the following information: 1.  The employee’s name and address. 2.  The information that is contained in all statements required to be provided to the employee described in clause 12 (1) (b). 3.  Any prescribed information.  2000, c. 41, s. 15 (2). Exception (3) An employer is not required to record the information described in paragraph 3.1 or 4 of subsection (1) with respect to an employee who is paid a salary if, (a)  the employer records the number of hours in excess of those in his or her regular work week and, (i)  the number of hours in excess of eight that the employee worked in each day, or (ii)  if the number of hours in the employee’s regular work day is more than eight hours, the number in excess; or (b)  sections 17 to 19 and Part VIII (Overtime Pay) do not apply with respect to the employee.  2000, c. 41, s. 15 (3); 2017, c. 22, Sched. 1, s. 8 (4). Meaning of salary (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 (b)  the amount actually paid for each pay period does not vary according to the number of hours worked by the employee, unless he or she works more than 44 hours in a week.  2000, c. 41, s. 15 (4). Retention of records (5) The employer shall retain or arrange for some other person to retain the records of the information required under this section for the following periods: 1.  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.  For information referred to in paragraph 2 of subsection (1), the earlier of, i.  three years after the employee’s 18th birthday, or ii.  three years after the employee ceased to be employed by the employer. 3.  For information referred to in paragraph 3.1, 3.2 or 4 of subsection (1) or in subsection (3), three years after the day or week to which the information relates. 4.  For information referred to in paragraph 5 of subsection (1), three years after the information was given to the employee. 5.  Repealed:  2002, c. 18, Sched. J, s. 3 (8). 2000, c. 41, s. 15 (5); 2002, c. 18, Sched. J, s. 3 (8); 2017, c. 22, Sched. 1, s. 8 (5). Register of homeworkers (6) Information pertaining to a homeworker may be deleted from the register three years after the homeworker ceases to be employed by the employer.  2000, c. 41, s. 15 (6). Retain documents re leave (7) An employer shall retain or arrange for some other person to retain all notices, certificates, correspondence and other documents given to or produced by the employer that relate to an employee taking pregnancy leave, parental leave, family medical leave, organ donor leave, family caregiver leave, critical illness leave, child death leave, crime-related child disappearance leave, domestic or sexual violence leave, sick leave, family responsibility leave, bereavement leave, emergency leave during a declared emergency or an infectious disease emergency or reservist leave for three years after the day on which the leave expired.  2006, c. 13, s. 3 (1); 2007, c. 16, Sched. A, s. 2; 2009, c. 16, s. 1; 2014, c. 6, s. 1; 2017, c. 22, Sched. 1, s. 8 (7, 8); 2018, c. 14, Sched. 1, s. 4; 2020, c. 3, s. 2. Retention of agreements re excess hours (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.  2004, c. 21, s. 2. Retention of disconnecting from work policies (8.1) An employer shall retain or arrange for some other person to retain copies of every written policy on disconnecting from work required under Part VII.0.1 for three years after the policy ceases to be in effect. 2021, c. 35, Sched. 2, s. 2. Retention of electronic monitoring policy (8.2) An employer shall retain or arrange for some other person to retain copies of every written policy on electronic monitoring required under Part XI.1 for three years after the policy ceases to be in effect. 2022, c. 7, Sched. 2, s. 3. Retention of averaging agreements (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.  2004, c. 21, s. 2. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 3 (6-8) - 26/11/2002 2004, c. 21, s. 2 - 1/03/2005 2006, c. 13, s. 3 (1) - 30/06/2006 2007, c. 16, Sched. A, s. 2 - 3/12/2007 2009, c. 16, s. 1 - 26/06/2009 2014, c. 6, s. 1 - 29/10/2014 2017, c. 22, Sched. 1, s. 8 (1, 3-5, 8) - 01/01/2018; 2017, c. 22, Sched. 1, s. 8 (2, 6) - no effect - see 2018, c. 14, Sched. 1, s. 27 (2, 3) - 01/01/2019; 2017, c. 22, Sched. 1, s. 8 (7) - 03/12/2017 2018, c. 14, Sched. 1, s. 4 - 01/01/2019 2020, c. 3, s. 2
- 19/03/2020 2021, c. 35, Sched. 2, s. 2 - 02/12/2021 2022, c. 7, Sched. 2, s. 3 - 11/04/2022