Definitions
3. (1) In this Act, “bargaining agent” means a trade union or other organization that, under any Act, has bargaining rights in respect of any unit of employees; (“agent négociateur”) “broader public sector” means the employers named in the Schedule to the Pay Equity Act and such other employers as may be named or described in the regulations but does not include the Ontario Public Service or such employers as may be named or described in the regulations; (“secteur parapublic”) “collective agreement” means an agreement in writing between an employer and a bargaining agent covering terms and conditions of employment; (“convention collective”) “effective date” means the date on which section 12 (employment equity plan) comes into force; (“date d’entrée en vigueur”) “employee” means a permanent employee, a seasonal employee and a term employee, and within those categories, includes an individual who is primarily working for an employer on a commission basis, a dependent contractor and such others as are designated in the regulations; (“employé”) “employer” includes any entity, whether or not incorporated, that employs one or more employees, a trustee, a receiver and a person who regularly engages the services of others on such other basis as may be prescribed by the regulations; (“employeur”) “person” includes any entity, whether or not incorporated; (“personne”) “private sector employer” means an employer other than the Crown in right of Ontario or an employer in the broader public sector; (“employeur du secteur privé”) “regulations” means the regulations made under this Act; (“règlements”) “seasonal employee” means an employee who is employed in a position that is filled for a specific period of time on a regular basis each year; (“employé saisonnier”) “term employee” means an employee, other than a permanent employee or a seasonal employee, who has been or is expected to be employed by the employer for three consecutive months or more. (“employé embauché pour une période déterminée”) Ontario Public Service (2) For the purposes of this Act, the Crown in right of Ontario is considered to be the employer of the Ontario Public Service which, for the purposes of this Act, consists of the people employed in the ministries of the Crown and in those agencies, boards and commissions of the Crown which employ public servants appointed under the Public Service Act. Exception, other Crown agencies (3) All other agencies, boards and commissions of the Crown are deemed to be separate employers and the people working for them are deemed to be their employees for the purposes of this Act. Deemed employers (4) Subject to subsection (3), two or more employers are deemed to constitute a single employer for the purposes of this Act if, (a) the employers are declared by the Employment Equity Tribunal under section 32 to constitute a single employer; or (b) the employers are declared by the Ontario Labour Relations Board under subsection 1 (4) of the Labour Relations Act to constitute a single employer for the purposes of that Act, regardless of whether the Board’s declaration was made in respect of all or part of the employers’ workforces. Existing employers, number of employees (5) For the purposes of Parts III and IV, the number of employees that an employer has on the effective date is deemed to be the greater of, (a) the actual number of employees that the employer has on that date; and (b) the greatest number of employees that the employer had at any time during the twelve-month period ending on that date. 1993, c. 35, s. 3.