141 (1) The Lieutenant Governor in Council may make regulations for carrying out the purposes of this Act and, without restricting the generality of the foregoing, may make the following regulations: 1.  Prescribing anything for the purposes of any provision of this Act that makes reference to a thing that is prescribed. 1.1  Prescribing a method of payment for the purposes of clause 11 (2) (d) and establishing any terms, conditions or limitations on its use. 2.  Establishing rules respecting the application of the minimum wage provisions of this Act and the regulations. 2.0.1  Prescribing a class of employees that would otherwise be in the class described in subparagraph 1 iv of subsection 23.1 (1) and prescribing the minimum wage that applies to the class for the purposes of subsection 23.1 (2). 2.0.2  Repealed: 2017, c. 22, Sched. 1, s. 69 (3). 2.1  Establishing a maximum pay period, a maximum period within which payments made to an employee shall be reconciled with wages earned by the employee or both. 3.  Exempting any class of employees or employers from the application of this Act or any Part, section or other provision of it. 4.  Prescribing what constitutes the performance of work. 5.  Prescribing information that must be provided to an employee or a prospective employee, in writing, and when the information must be provided. 6.  Defining an industry and prescribing for that industry one or more terms or conditions of employment that apply to employers and employees in the industry or one or more requirements or prohibitions that apply to employers and employees in the industry. 7.  Providing that any term, condition, requirement or prohibition prescribed under paragraph 6 applies in place of or in addition to one or more provisions of this Act or the regulations. 8.  Providing that a regulation made under paragraph 6 or 7 applies only in respect of workplaces in the defined industry that have characteristics specified in the regulation, including but not limited to characteristics related to location. 9.  Providing that an agreement under subsection 17 (2) to work hours in excess of those referred to in clause 17 (1) (a) that was made at the time of the employee’s hiring and that has been approved by the Director is, despite subsection 17 (6), irrevocable unless both the employer and the employee agree to its revocation. 10.  Providing a formula for the determination of an employee’s 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. 11.  Providing for the establishment of committees to advise the Minister on any matters relating to the application or administration of this Act. 11.0.1 Providing for exemptions from Part XI.1, or any provision of it, including providing that employers are not required to have policies in respect of certain forms of electronic monitoring in the circumstances specified in the regulation. 11.0.2 Prescribing one or more terms or conditions of employment related to electronic monitoring that apply to employers who are subject to Part XI.1 and their employees or one or more requirements or prohibitions related to electronic monitoring that apply to those employers and their employees. 11.0.3 Prescribing that any term, condition, requirement or prohibition prescribed under paragraph 11.0.2 applies in place of or in addition to one or more provisions of this Act or the regulations. 11.1  Providing, for the purposes of subsection 51 (4), that subsections 51 (1), (2) and (3) apply in respect of an employee during a leave under section 50.2. 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). 12.  Prescribing the manner and form in which notice of termination must or may be given and the content of such notice. 13.  Prescribing what constitutes a constructive dismissal. 14.  Providing that the common law doctrine of frustration does not apply to an employment contract and that an employer is not relieved of any obligation under Part XV because of the occurrence of an event that would frustrate an employment contract at common law except as prescribed. 14.1  Providing that payments to an employee by way of pension benefits, insurance benefits, workplace safety and insurance benefits, bonus, employment insurance benefits, supplementary employment insurance benefits or similar arrangements shall or shall not be taken into account in determining the amount that an employer is required to pay to an employee under clause 60 (1) (b), section 61 or section 64. 15.  Providing for and governing the consolidation of hearings under this Act. 16.  Prescribing the minimum number of hours in a day or week for which an employee is entitled to be paid the minimum wage or a contractual wage rate and imposing conditions in respect of that entitlement. 16.1  Governing penalties for contraventions for the purposes of subsection 113 (1). 17.  Defining any word or expression used in this Act that is not defined in it. 18.  Prescribing the manner in which the information required by subsection 58 (2) shall be provided. 19.  Respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.  2000, c. 41, s. 141 (1); 2001, c. 9, Sched. I, s. 1 (30); 2002, c. 18, Sched. J, s. 3 (30); 2004, c. 21, s. 10 (1, 2); 2007, c. 16, Sched. A, s. 6 (1); 2014, c. 10, Sched. 2, s. 9; 2017, c. 22, Sched. 1, s. 69 (1-4); 2018, c. 14, Sched. 1, s. 26 (1); 2021, c. 40, Sched. 9, s. 2; 2022, c. 7, Sched. 2, s. 6 (1); 2023, c. 15, Sched. 2, s. 7 (1, 2). Restricted application (1.1) A regulation made under paragraph 11.1 or 11.2 of subsection (1) may be restricted in its application to one or more of the following: 1.  Specified benefit plans. 2.  Employees who are members of prescribed classes. 3.  Employers who are members of prescribed classes. 4.  Part of a leave under section 50.2.  2007, c. 16, Sched. A, s. 6 (2). Regulations re Part XIII (2) The Lieutenant Governor in Council may make regulations respecting any matter or thing necessary or advisable to carry out the intent and purpose of Part XIII (Benefit Plans), and without restricting the generality of the foregoing, may make regulations, (a)  exempting a benefit plan, part of a benefit plan or the benefits under such a plan or part from the application of Part XIII; (b)  permitting a differentiation in a benefit plan between employees or their beneficiaries, survivors or dependants because of the age, sex or marital status of the employees; (c)  suspending the application of Part XIII to a benefit plan, part of a benefit plan or benefits under such a plan or part for the periods of time specified in the regulation; (d)  prohibiting a reduction in benefits to an employee in order to comply with Part XIII; (e)  providing the terms under which an employee may be entitled or disentitled to benefits under a benefit plan.  2000, c. 41, s. 141 (2); 2004, c. 15, s. 5. Regulations re organ donor leave (2.0.1) The Lieutenant Governor in Council may make regulations, (a)  prescribing other organs for the purpose of section 49.2; (b)  prescribing tissue for the purpose of section 49.2; (c)  prescribing one or more periods for the purpose of subsection 49.2 (5).  2009, c. 16, s. 3. Same (2.0.2) A regulation made under clause (2.0.1) (c) may prescribe different periods with respect to the donation of different organs and prescribed tissue.  2009, c. 16, s. 3. Transitional regulations (2.0.3) 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 Fair Workplaces, Better Jobs Act, 2017. 2017, c. 22, Sched. 1, s. 69 (5). Same (2.0.3.1) The Lieutenant Governor in Council may make regulations providing for any transitional matter that the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of the amendments made by the Making Ontario Open for Business Act, 2018. 2018, c. 14, Sched. 1, s. 26 (2). Transitional regulations (2.0.3.2) 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 Restoring Ontario’s Competitiveness Act, 2019. 2019, c. 4, Sched. 9, s. 11 (1). Transitional regulations (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. 2020, c. 3, s. 5 (1). Transitional regulations (2.0.3.4) 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 COVID-19 Putting Workers First Act, 2021. 2021, c. 9, s. 5 (1). Transitional regulations (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. 2021, c. 35, Sched. 2, s. 33 (1). Transitional regulations (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. 2022, c. 7, Sched. 2, s. 6 (2). Transitional regulations (2.0.3.7) 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, 2023. 2023, c. 15, Sched. 2, s. 7 (3). Conflict with transitional regulations (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), (2.0.3.6) or (2.0.3.7), 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), (2.0.3.6) or (2.0.3.7) prevails. 2017, c. 22, Sched. 1, s. 69 (5); 2018, c. 14, Sched. 1, s. 26 (3); 2019, c. 4, Sched. 9, s. 11 (2); 2020, c. 3, s. 5 (2); 2021, c. 9, s. 5 (2); 2021, c. 35, Sched. 2, s. 33 (2); 2022, c. 7, Sched. 2, s. 6 (3);
2023, c. 15, Sched. 2, s. 7 (4). Regulations re infectious disease emergencies (2.1) The Lieutenant Governor in Council may make regulations, (a)  designating an infectious disease for the purposes of section 50.1; (b)  prescribing, for the purposes of subsection 50.1 (5.1), the date on which the entitlement to emergency leave under clause 50.1 (1.1) (b) starts or is deemed to have started; (b.1)  prescribing, for the purposes of subsection 50.1 (5.2), a later date on which the entitlement to paid leave under subsection 50.1 (1.2) ends; (b.2)  prescribing, for the purposes of subsection 50.1 (5.3), additional periods during which employees are entitled to paid leave under subsection 50.1 (1.2); (c)  providing that section 50.1 or any provision of it applies to police officers and prescribing one or more terms or conditions of employment or one or more requirements or prohibitions respecting emergency leave for infectious disease emergencies that shall apply to police officers and their employers; (d)  exempting a class of employees from the application of section 50.1 or any provision of it, and prescribing one or more terms or conditions of employment or one or more requirements or prohibitions respecting emergency leave for infectious disease emergencies that shall apply to employees in the class and their employers; (d.1)  exempting the Crown, a Crown agency, or an authority, board, commission or corporation, all of whose members are appointed by the Crown, from the application of section 50.1 or any provision of it; (e)  providing that a term, condition, requirement or prohibition prescribed under clause (c) or (d) applies in place of, or in addition to, a provision of section 50.1. 2020, c. 3, s. 5 (3); 2021, c. 9, s. 5 (3). Same, police officers (2.1.1) A regulation made under clause (2.1) (c) may also provide that subsection 15 (7), sections 51, 51.1, 52 and 53, 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) and Part XXVII (Regulations) apply to police officers and their employers for the purposes of section 50.1. 2020, c. 3, s. 5 (3). Regulations re emergency leaves, declared emergencies, infectious disease emergencies (2.2) A regulation made under subsection (2.0.3.3), (2.0.3.4), (2.0.3.6) or (2.1), or a regulation prescribing a reason for the purposes of subclause 50.1 (1.1) (a) (iv) or (b) (vii) may, (a)  provide that it has effect as of the date specified in the regulation; (b)  provide that an employee who does not perform the duties of his or her position because of the declared emergency and the prescribed reason, or because of the prescribed reason related to a designated infectious disease, as defined in section 50.1, is deemed to have taken leave beginning on the first day the employee does not perform the duties of his or her position on or after the date specified in the regulation; or (c)  provide that clauses 74 (1) (a) and 74.12 (1) (a) apply, with necessary modifications, in relation to the deemed leave described in clause (b). 2020, c. 3, s. 5 (3); 2021, c. 9, s. 5 (4); 2022, c. 7, Sched. 2, s. 6 (4). Retroactive regulation (2.2.1) A regulation referred to in subsection (2.2) that specifies a date may specify a date that is earlier than the day on which the regulation is made. 2020, c. 3, s. 5 (3). Regulation extending leave (2.3) The Lieutenant Governor in Council may make a regulation providing that the entitlement of an employee to take leave under clause 50.1 (1.1) (a) is extended beyond the day on which the entitlement would otherwise end under subsection 50.1 (5) or (6), if the employee is still not performing the duties of his or her position because of the effects of the declared emergency and because of a reason referred to in subclause 50.1 (1.1) (a) (i), (ii), (iii) or (iv). 2020, c. 3, s. 5 (3). Same (2.4) A regulation made under subsection (2.3) may limit the duration of the extended leave and may set conditions that must be met in order for the employee to be entitled to the extended leave.  2006, c. 13, s. 3 (4). Regulations re s. 50.1.1 (2.5) The Lieutenant Governor in Council may make regulations, (a)  prescribing the process for overpayment recovery under subsection 50.1.1 (18); (b)  prescribing the date by which the Board is required to repay the Ministry under subsection 50.1.1 (21); (c)  prescribing, for the purposes of subsection 50.1.1 (31), persons who may investigate possible contraventions of section 50.1.1; (d)  prescribing the powers under this Act that a person prescribed under clause (c) may exercise; (e)  specifying the parts of this Act that apply, with necessary modifications, if a person prescribed under clause (c) investigates a possible contravention of section 50.1.1; (f)  exempting the Crown, a Crown agency, or an authority, board, commission or corporation, all of whose members are appointed by the Crown, from the application of section 50.1.1 or any provision of it. 2021, c. 9, s. 5 (5). Regulations re: Part XVIII.1 (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, (a)  governing requirements for the issuance or renewal of a licence, including requirements relating to compliance with laws that apply to the applicant; (b)  governing applications for the issuance or renewal of a licence including requiring information to be provided for different types of licences, which may include information about compliance with laws that apply to the applicant; (c)  prescribing circumstances in which an application for the issuance or renewal of a licence may be refused, which may include non-compliance with laws that apply to the applicant; (d)  prescribing circumstances in which a licence may be revoked or suspended, which may include non-compliance with laws that apply to the applicant; (e)  prescribing the processes to be followed by the Director in refusing to issue or renew a licence under section 74.1.5, which may include providing an applicant with an opportunity to show evidence of compliance with licensing requirements before the licence or renewal is refused; (f)  prescribing the processes to be followed by the Director in revoking or suspending a licence under section 74.1.6, which may include providing an applicant with an opportunity to show evidence of compliance with licensing requirements before the licence is revoked or suspended; (g)  governing the terms and conditions of licences; (h)  governing licensing fees, including prescribing the amount of fees or the manner of determining fees, and prescribing the manner in which and the period within which fees must be paid; (i)  governing security for licensing, including prescribing the amount of security and prescribing the manner in which and the method by which security must be provided to the Director and the uses for which security may be used, including to satisfy obligations owing under this Act or under the Employment Protection for Foreign Nationals Act, 2009; (j)  governing the public record that the Director is required to publish and maintain under section 74.1.12; (k)  prescribing timelines for the purposes of review hearings held under section 74.1.13 and providing that the Board may grant extensions to those timelines; (l)  governing the application of Part XVIII.1 for the purposes of section 74.2.1. 2021, c. 35, Sched. 2, s. 33 (3); 2023, c. 15, Sched. 2, s. 7 (5). Same, retroactive regulations (2.7) A regulation made under paragraph 3 of subsection (1) in respect of the application of Part XVIII.1 is, if it so provides, effective with reference to a period before it is filed. 2021, c. 35, Sched. 2, s. 33 (3). Regulations re Part XIX (3) The Lieutenant Governor in Council may make regulations prescribing information for the purposes of section 77.  2000, c. 41, s. 141 (3). Regulations re Part XXII (3.1) A regulation made under paragraph 16.1 of subsection (1) may, (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 (c)  prescribe criteria an employment standards officer is required or permitted to consider when imposing a penalty. 2017, c. 22, Sched. 1, s. 69 (6). Regulations re Part XXV (4) If the Lieutenant Governor in Council is satisfied that laws are or will be in effect in the state for the enforcement of orders made under this Act on a basis substantially similar to that set out in section 126, the Lieutenant Governor in Council may by regulation, (a)  declare a state to be a reciprocating state for the purposes of section 130; and (b)  designate an authority of that state as the authority who may make applications under section 130.  2000, c. 41, s. 141 (4). Classes (5) A regulation made under this section may be restricted in its application to any class of employee or employer and may treat different classes of employee or employer in different ways.  2000, c. 41, s. 141 (5). Regulations may be conditional (5.1) A regulation made under this section may provide that it applies only if one or more conditions specified in it are met.  2004, c. 21, s. 10 (3). Terms and conditions of employment for an industry (6) Without restricting the generality of paragraphs 6 and 7 of subsection (1), a regulation made under paragraph 6 or 7 may establish requirements for the industry respecting such matters as a minimum wage, the scheduling of work, maximum hours of work, eating periods and other breaks from work, posting of work schedules, conditions under which the maximum hours of work set out in the regulation may be exceeded, overtime thresholds and overtime pay, vacations, vacation pay, working on public holidays and public holiday pay and treating some public holidays differently than others for those purposes.  2000, c. 41, s. 141 (6); 2004, c. 21, s. 10 (4). (7) Repealed:  2004, c. 21, s. 10 (5). Conditions, revocability of approval (8) A regulation made under paragraph 9 of subsection (1) may authorize the Director to impose conditions in granting an approval and may authorize the Director to rescind an approval.  2000, c. 41, s. 141 (8). Restriction where excess hours agreements approved (9) An employer may not require an employee who has made an agreement approved by the Director under a regulation made under paragraph 9 of subsection (1) to work more than 10 hours in a day, except in the circumstances described in section 19.  2000, c. 41, s. 141 (9). Revocability of part of approved excess hours agreement (10) If an employee has agreed to work hours in excess of those referred to in clause 17 (1) (a) and hours in excess of those referred to in clause 17 (1) (b), the fact that the Director has approved the agreement in accordance with a regulation made under paragraph 9 of subsection (1) does not prevent the employee from revoking, in accordance with subsection 17 (6), that part of the agreement dealing with the hours in excess of those referred to in clause 17 (1) (b).  2000, c. 41, s. 141 (10); 2004, c. 21, s. 10 (6). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (30, 31) - 4/09/2001 2002, c. 18, Sched. J, s. 3 (30) - 26/11/2002 2004, c. 15, s. 5 - 13/06/2005;
2004, c. 21, s. 10 (1-6) - 1/03/2005 2006, c. 13, s. 3 (4) - 30/06/2006 2007, c. 16, Sched. A, s. 6 (1, 2) - 3/12/2007 2009, c. 16, s. 3 - 26/06/2009 2014, c. 6, s. 5 - 29/10/2014; 2014, c. 10, Sched. 2, s. 9 - 1/10/2015 2017, c. 22, Sched. 1, s. 69 (1, 2, 4-6) - 01/01/2018; 2017, c. 22, Sched. 1, s. 69 (3) - 01/01/2019 2018, c. 14, Sched. 1, s. 26 (1-3) - 01/01/2019 2019, c. 4, Sched. 9, s. 11 (1, 2) - 03/04/2019 2020, c. 3, s. 5 (1-3)
- 19/03/2020 2021, c. 9, s. 5 (1-5)
- 29/04/2021; 2021, c. 35, Sched. 2, s. 33 (1, 2) - 02/12/2021; 2021, c. 35, Sched. 2, s. 33 (3) - 01/07/2023; 2021, c. 40, Sched. 9, s. 2 - 01/01/2022 2022, c. 7, Sched. 2, s. 6 (1-4) - 11/04/2022 2023, c. 15, Sched. 2, s. 7 (1-5) - 26/10/2023 part xxViiI   Transition