19. An employer shall pay an employee for each public holiday unless, (a) the employee has been employed by the employer for less than three months; or (b) the employee was scheduled to work on the first regular working day either before or after the public holiday and the employee failed to work that day as scheduled. 20.(1)The amount an employer shall pay an employee for a public holiday is the employee’s average daily wage determined in accordance with the following: 1. If the employee is not paid on a piece-work basis, the employee’s average daily wage is the average daily wages for the non-overtime work that the employee performed during the two-month period immediately preceding the public holiday. 2. If the employee is paid on a piece-work basis, the average daily wage is the average daily wage for the non-overtime work that the employee performed during the six-month period determined as follows, i. for a public holiday in the first six months of a year, the six-month period is the last six months of the previous year, ii. for a public holiday in the last six months of a year, the six-month period is the first six months of the year. (2)The holiday pay for an employee who is a homeworker shall be determined under paragraph 2 of subsection (1) whether or not the employee is paid on a piece-work basis. (3)The following shall not be considered in determining the amount of an employee’s holiday pay: overtime pay, vacation pay, year-end vacation payments, holiday pay and pay in accordance with subsection21 (3). (4)In this section, “non-overtime work” means work for which an overtime rate is not applicable. Victoria Day and Canada Day — Special Rules 21.(1)Despite section 4, an employer may require an employee to work a regular working day on Victoria Day or Canada Day if the employee or the employee’s agent agrees and the public holiday does not fall on a Saturday or Sunday. (2)The regular working day that the employer may require an employee to work under subsection (1) is the regular working day that would have applied if the day were not Victoria Day or Canada Day. (3)Subject to subsection (4), if an employee works a regular working day on Victoria Day or Canada Day, the following apply: 1. The employer shall pay the employee for the public holiday in accordance with section 20, if the employee would be entitled to holiday pay under section 19. 2. The employer shall pay the employee the overtime rate determined under section 15 for the work on the public holiday. (4)If an employee works a regular working day on Victoria Day or Canada Day the employer may, if the employee or the employee’s agent agrees, substitute a regular working day for the public holiday and the following apply: 1. The public holiday shall be deemed to be a regular working day. 2. The substituted regular working day shall be deemed to be the public holiday. 3. The substituted regular working day shall be before the employee’s next paid vacation day. (5)If an employee is required to work a regular day on Victoria Day or Canada Day but fails, without reasonable cause, to report for work, the employee is not entitled to holiday pay under section 19. Requirements are Minimum Requirements 22.(1)The requirements in this Schedule are minimum requirements only. (2)A right, benefit, term or condition of employment under a contract, oral or written, express or implied, or under any Act or any schedule, order or regulation made under an Act that provides in favour of an employee a higher remuneration in money, a greater right or benefit or lesser hours of work than a requirement under this Schedule shall prevail over the requirement under this Schedule. Assessment 23.Upon the Director approving this Schedule with respect to this section, each employer in the industry is assessed 0.5 per cent of the employer’s payroll for employees with respect to which this Schedule applies. 24.Upon the Director approving this Schedule with respect to this section, each employee in the industry is assessed 0.5 per cent of the employee’s wages. Advisory Committee 25.(1)The advisory committee is authorized to administer and enforce this Schedule. (2) Without limiting the generality of subsection (1), the advisory committee is authorized, (a) to collect the assessments under sections 23 and 24; (b) from the amounts collected in respect of assessments, to engage inspectors and other personnel and to make such expenditures as are necessary for the administration and enforcement of this Schedule. (3)This section does not limit the advisory committee’s authority to assist in carrying out the Act or doing anything else it is authorized to do under subsection 18 (1) of the Act. O. Reg. 283/99, s. 3.