jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) The Director shall prepare and publish a poster providing such information about this Act and the regulations as the Director considers appropriate.  2004, c. 21, s. 1; 2019, c. 4, Sched. 9, s. 2 (1). If poster not up to date (2) If the Director believes that the poster prepared under subsection (1) has become out of date, he or she shall prepare and publish a new poster.  2004, c. 21, s. 1; 2019, c. 4, Sched. 9, s. 2 (1). (3), (4) Repealed: 2019, c. 4, Sched. 9, s. 2 (2). Copy of poster to be provided (5) Every employer shall provide each of his or her employees with a copy of the most recent poster published by the Director under this section. 2014, c. 10, Sched. 2, s. 1 (2); 2019, c. 4, Sched. 9, s. 2 (1). Same – translation (6) If an employee requests a translation of the poster into a language other than English, the employer shall make enquiries as to whether the Director has prepared a translation of the poster into that language, and if the Director has done so, the employer shall provide the employee with a copy of the translation. 2014, c. 10, Sched. 2, s. 1 (2); 2019, c. 4, Sched. 9, s. 2 (1). When copy of poster to be provided (7) An employer shall provide an employee with a copy of the poster within 30 days of the day the employee becomes an employee of the employer. 2014, c. 10, Sched. 2, s. 1 (2). Transition (8) The most recent poster prepared and published by the Minister under subsection (1) as it read immediately before the day the Restoring Ontario’s Competitiveness Act, 2019 received Royal Assent is deemed to have been prepared and published by the Director. 2019, c. 4, Sched. 9, s. 2 (3). Same (9) Any translation prepared by the Minister under subsection (6), as it read immediately before the day the Restoring Ontario’s Competitiveness Act, 2019 received Royal Assent, is deemed to have been prepared by the Director. 2019, c. 4, Sched. 9, s. 2 (3). Section Amendments with date in force (d/m/y) 2004, c. 21, s. 1 - 1/03/2005 2014, c. 10, Sched. 2, s. 1 (1) - 20/11/2014; 2014, c. 10, Sched. 2, s. 1 (2) - 20/05/2015 2019, c. 4, Sched. 9, s. 2 (1-3) - 03/04/2019 PART IIi   HOW THIS ACT APPLIES
3.1 This Act binds the Crown. 2017, c. 22, Sched. 1, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 3 - 01/01/2018
4 (1) Subsection (2) applies if associated or related activities or businesses are or were carried on by or through an employer and one or more other persons. 2017, c. 22, Sched. 1, s. 4 (1). Same (2) The employer and the other person or persons described in subsection (1) shall all be treated as one employer for the purposes of this Act.  2000, c. 41, s. 4 (2). Businesses need not be carried on at same time (3) Subsection (2) applies even if the activities or businesses are not carried on at the same time.  2000, c. 41, s. 4 (3). Exception, individuals (4) Subsection (2) does not apply with respect to a corporation and an individual who is a shareholder of the corporation unless the individual is a member of a partnership and the shares are held for the purposes of the partnership.  2000, c. 41, s. 4 (4). Exception, Crown (4.1) Subsection (2) does not apply to the Crown, a Crown agency or an authority, board, commission or corporation all of whose members are appointed by the Crown. 2017, c. 22, Sched. 1, s. 4 (2). Joint and several liability (5) Persons who are treated as one employer under this section are jointly and severally liable for any contravention of this Act and the regulations under it and for any wages owing to an employee of any of them.  2000, c. 41, s. 4 (5). Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 4 (1, 2) - 01/01/2018
5 (1) Subject to subsection (2), no employer or agent of an employer and no employee or agent of an employee shall contract out of or waive an employment standard and any such contracting out or waiver is void.  2000, c. 41, s. 5 (1). Greater contractual or statutory right (2) If one or more provisions in an employment contract or in another Act that directly relate to the same subject matter as an employment standard provide a greater benefit to an employee than the employment standard, the provision or provisions in the contract or Act apply and the employment standard does not apply.  2000, c. 41, s. 5 (2).
5.1 (1) An employer shall not treat, for the purposes of this Act, a person who is an employee of the employer as if the person were not an employee under this Act. 2017, c. 22, Sched. 1, s. 5. (2) Repealed: 2018, c. 14, Sched. 1, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 5 - 27/11/2017 2018, c. 14, Sched. 1, s. 3 - 01/01/2019
6 A settlement made on an employee’s behalf by a trade union that represents the employee is binding on the employee.  2000, c. 41, s. 6.
7 An agreement or authorization that may lawfully be made or given by an employee under this Act may be made or given by his or her agent and is binding on the employee as if it had been made or given by the employee.  2000, c. 41, s. 7.
8 (1) Subject to section 97, no civil remedy of an employee against his or her employer is affected by this Act.  2000, c. 41, s. 8 (1). Notice (2) Where an employee commences a civil proceeding against his or her employer under this Act, notice of the proceeding shall be served on the Director on a form approved by the Director on or before the date the civil proceeding is set down for trial.  2000, c. 41, s. 8 (2). Service of notice (3) The notice shall be served on the Director, (a)  by being delivered to the Director’s office on a day and at a time when it is open; (b)  by being mailed to the Director’s office using a method of mail delivery that allows delivery to be verified; or (c)  by being sent to the Director’s office by fax or email.  2009, c. 9, s. 1. When service effective (4) Service under subsection (3) shall be deemed to be effected, (a)  in the case of service under clause (3) (a), on the day shown on a receipt or acknowledgment provided to the employee by the Director or his or her representative; (b)  in the case of service under clause (3) (b), on the day shown in the verification; (c)  in the case of service under clause (3) (c), on the day on which the fax or email is sent, subject to subsection (5).  2009, c. 9, s. 1. Same (5) Service shall be deemed to be effected on the next day on which the Director’s office is not closed, if the fax or email is sent, (a)  on a day on which the Director’s office is closed; or (b)  after 5 p.m. on any day.  2009, c. 9, s. 1. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 1 - 6/11/2009 part iV   continuity of employment
9 (1) If an employer sells a business or a part of a business and the purchaser employs an employee of the seller, the employment of the employee shall be deemed not to have been terminated or severed for the purposes of this Act and his or her employment with the seller shall be deemed to have been employment with the purchaser for the purpose of any subsequent calculation of the employee’s length or period of employment.  2000, c. 41, s. 9 (1). Exception (2) Subsection (1) does not apply if the day on which the purchaser hires the employee is more than 13 weeks after the earlier of his or her last day of employment with the seller and the day of the sale.  2000, c. 41, s. 9 (2). Definitions (3) In this section, “sells” includes leases, transfers or disposes of in any other manner, and “sale” has a corresponding meaning.  2000, c. 41, s. 9 (3). Predecessor Acts (4) For the purposes of subsection (1), employment with the seller includes any employment attributed to the seller under this section or a provision of a predecessor Act dealing with sales of businesses.  2000, c. 41, s. 9 (4).
10 (1) This section applies if the building services provider for a building is replaced by a new provider and an employee of the replaced provider is employed by the new provider.  2000, c. 41, s. 10 (1). No termination or severance (2) The employment of the employee shall be deemed not to have been terminated or severed for the purposes of this Act and his or her employment with the replaced provider shall be deemed to have been employment with the new provider for the purpose of any subsequent calculation of the employee’s length or period of employment.  2000, c. 41, s. 10 (2). Exception (3) Subsection (2) does not apply if the day on which the new provider hires the employee is more than 13 weeks after the earlier of his or her last day of employment with the replaced provider and the day on which the new provider began servicing the premises.  2000, c. 41, s. 10 (3). Predecessor Acts (4) For the purposes of subsection (2), employment with the replaced provider includes any employment attributed to the replaced provider under this section or under a provision of a predecessor Act dealing with building services providers.  2000, c. 41, s. 10 (4). PART v   PAYMENT OF WAGES
11 (1) An employer shall establish a recurring pay period and a recurring pay day and shall pay all wages earned during each pay period, other than accruing vacation pay, no later than the pay day for that period.  2000, c. 41, s. 11 (1). Method of payment (2) An employer shall pay an employee’s wages, (a)  by cash; (b)  by cheque payable only to the employee; (c)  by direct deposit in accordance with subsection (4); or (d)  by any other prescribed method of payment. 2017, c. 22, Sched. 1, s. 6. Place of payment by cash or cheque (3) If payment is made by cash or cheque, the employer shall ensure that the cash or cheque is given to the employee at his or her workplace or at some other place agreeable to the employee.  2000, c. 41, s. 11 (3). Direct deposit (4) An employer may pay an employee’s wages by direct deposit into an account of a financial institution if, (a)  the account is in the employee’s name; and (b)  no person other than the employee or a person authorized by the employee has access to the account. (c)  Repealed: 2021, c. 25, Sched. 6, s. 2. 2000, c. 41, s. 11 (4); 2021, c. 25, Sched. 6, s. 2. If employment ends (5) If an employee’s employment ends, the employer shall pay any wages to which the employee is entitled to the employee not later than the later of, (a)  seven days after the employment ends; and (b)  the day that would have been the employee’s next pay day.  2000, c. 41, s. 11 (5). Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 6 - 01/01/2018 2021, c. 25, Sched. 6, s. 2 - 03/06/2021
12 (1) On or before an employee’s pay day, the employer shall give to the employee a written statement setting out, (a)  the pay period for which the wages are being paid; (b)  the wage rate, if there is one; (c)  the gross amount of wages and, unless the information is provided to the employee in some other manner, how that amount was calculated; (d)  Repealed:  2002, c. 18, Sched. J, s. 3 (3). (e)  the amount and purpose of each deduction from wages; (f)  any amount with respect to room or board that is deemed to have been paid to the employee under subsection 23 (2); and (g)  the net amount of wages being paid to the employee.  2001, c. 9, Sched. I, s. 1 (2); 2002, c. 18, Sched. J, s. 3 (3). (2) Repealed:  2002, c. 18, Sched. J, s. 3 (4). Electronic copies (3) The statement may be provided to the employee by electronic mail rather than in writing if the employee has access to a means of making a paper copy of the statement.  2000, c. 41, s. 12 (3). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (2) - 4/09/2001 2002, c. 18, Sched. J, s. 3 (3, 4) - 26/11/2002
12.1 On or before the day on which the employer is required to pay wages under subsection 11 (5), the employer shall provide the employee with a written statement setting out, (a)  the gross amount of any termination pay or severance pay being paid to the employee; (b)  the gross amount of any vacation pay being paid to the employee; (c)  unless the information is provided to the employee in some other manner, how the amounts referred to in clauses (a) and (b) were calculated; (d)  the pay period for which any wages other than wages described in clauses (a) or (b) are being paid; (e)  the wage rate, if there is one; (f)  the gross amount of any wages referred to in clause (d) and, unless the information is provided to the employee in some other manner, how that amount was calculated; (g)  the amount and purpose of each deduction from wages; (h)  any amount with respect to room or board that is deemed to have been paid to the employee under subsection 23 (2); and (i)  the net amount of wages being paid to the employee.  2002, c. 18, Sched. J, s. 3 (5). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 3 (5) - 26/11/2002
13 (1) An employer shall not withhold wages payable to an employee, make a deduction from an employee’s wages or cause the employee to return his or her wages to the employer unless authorized to do so under this section.  2000, c. 41, s. 13 (1). Statute or court order (2) An employer may withhold or make a deduction from an employee’s wages or cause the employee to return them if a statute of Ontario or Canada or a court order authorizes it.  2000, c. 41, s. 13 (2). Employee authorization (3) An employer may withhold or make a deduction from an employee’s wages or cause the employee to return them with the employee’s written authorization.  2000, c. 41, s. 13 (3). Exception (4) Subsections (2) and (3) do not apply if the statute, order or written authorization from the employee requires the employer to remit the withheld or deducted wages to a third person and the employer fails to do so.  2000, c. 41, s. 13 (4). Same (5) Subsection (3) does not apply if, (a)  the employee’s authorization does not refer to a specific amount or provide a formula from which a specific amount may be calculated; (b)  the employee’s wages were withheld, deducted or required to be returned, (i)  because of faulty work, (ii)  because the employer had a cash shortage, lost property or had property stolen and a person other than the employee had access to the cash or property, or (iii)  under any prescribed conditions; or (c)  the employee’s wages were required to be returned and those wages were the subject of an order under this Act.  2000, c. 41, s. 13 (5).
14 (1) Despite any other Act, wages shall have priority over and be paid before the claims and rights of all other unsecured creditors of an employer, to the extent of $10,000 per employee.  2000, c. 41, s. 14 (1). Exception (2) Subsection (1) does not apply with respect to a distribution made under the Bankruptcy and Insolvency Act (Canada) or other legislation enacted by the Parliament of Canada respecting bankruptcy or insolvency.  2001, c. 9, Sched. I, s. 1 (3). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (3) - 4/09/2001 Part v.1   employee tips and other gratuities 14.1 Repealed: 2017, c. 22, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2015, c. 32, s. 1 - 10/06/2016 2017, c. 22, Sched. 1, s. 7 - 01/01/2018
14.2 (1) An employer shall not withhold tips or other gratuities from an employee, make a deduction from an employee’s tips or other gratuities or cause the employee to return or give his or her tips or other gratuities to the employer unless authorized to do so under this Part. 2015, c. 32, s. 1. Enforcement (2) If an employer contravenes subsection (1), the amount withheld, deducted, returned or given is a debt owing to the employee and is enforceable under this Act as if it were wages owing to the employee. 2015, c. 32, s. 1. Section Amendments with date in force (d/m/y) 2015, c. 32, s. 1 - 10/06/2016
14.3 (1) An employer may withhold or make a deduction from an employee’s tips or other gratuities or cause the employee to return or give them to the employer if a statute of Ontario or Canada or a court order authorizes it. 2015, c. 32, s. 1. Exception (2) Subsection (1) does not apply if the statute or order requires the employer to remit the withheld, deducted, returned or given tips or other gratuities to a third person and the employer fails to do so. 2015, c. 32, s. 1. Section Amendments with date in force (d/m/y) 2015, c. 32, s. 1 - 10/06/2016
14.4 (1) An employer may withhold or make a deduction from an employee’s tips or other gratuities or cause the employee to return or give them to the employer if the employer collects and redistributes tips or other gratuities among some or all of the employer’s employees. 2015, c. 32, s. 1. Exception (2) An employer shall not redistribute tips or other gratuities under subsection (1) to such employees as may be prescribed. 2015, c. 32, s. 1. Employer, etc. not to share in tips or other gratuities (3) Subject to subsections (4) and (5), an employer or a director or shareholder of an employer may not share in tips or other gratuities redistributed under subsection (1). 2015, c. 32, s. 1. Exception — sole proprietor, partner (4) An employer who is a sole proprietor or a partner in a partnership may share in tips or other gratuities redistributed under subsection (1) if he or she regularly performs to a substantial degree the same work performed by, (a)  some or all of the employees who share in the redistribution; or (b)  employees of other employers in the same industry who commonly receive or share tips or other gratuities. 2015, c. 32, s. 1. Exception — director, shareholder (5) A director or shareholder of an employer may share in tips or other gratuities redistributed under subsection (1) if he or she regularly performs to a substantial degree the same work performed by, (a)  some or all of the employees who share in the redistribution; or (b)  employees of other employers in the same industry who commonly receive or share tips or other gratuities. 2015, c. 32, s. 1. Section Amendments with date in force (d/m/y) 2015, c. 32, s. 1 - 10/06/2016
14.5 (1) If a collective agreement that is in effect on the day section 1 of the Protecting Employees’ Tips Act, 2015 comes into force contains a provision that addresses the treatment of employee tips or other gratuities and there is a conflict between the provision of the collective agreement and this Part, the provision of the collective agreement prevails. 2015, c. 32, s. 1. Same — expiry of agreement (2) Following the expiry of a collective agreement described in subsection (1), if the provision that addresses the treatment of employee tips or other gratuities remains in effect, subsection (1) continues to apply to that provision, with necessary modifications, until a new or renewal agreement comes into effect. 2015, c. 32, s. 1. Same — renewed or new agreement (3) Subsection (1) does not apply to a collective agreement that is made or renewed on or after the day section 1 of the Protecting Employees’ Tips Act, 2015 comes into force. 2015, c. 32, s. 1. Section Amendments with date in force (d/m/y) 2015, c. 32, s. 1 - 10/06/2016 PART vi   RECORDS
16 An employer shall ensure that all of the records and documents required to be retained under sections 15 and 15.1 are readily available for inspection as required by an employment standards officer, even if the employer has arranged for another person to retain them.  2000, c. 41, s. 16; 2004, c. 21, s. 3. Section Amendments with date in force (d/m/y) 2004, c. 21, s. 3 - 1/03/2005 PART Vii   HOURS OF WORK AND EATING PERIODS
18 (1) An employer shall give an employee a period of at least 11 consecutive hours free from performing work in each day.  2000, c. 41, s. 18 (1); 2002, c. 18, Sched. J, s. 3 (10). Exception (2) Subsection (1) does not apply to an employee who is on call and called in during a period in which the employee would not otherwise be expected to perform work for his or her employer.  2000, c. 41, s. 18 (2); 2017, c. 22, Sched. 1, s. 10. Free from work between shifts (3) An employer shall give an employee a period of at least eight hours free from the performance of work between shifts unless the total time worked on successive shifts does not exceed 13 hours or unless the employer and the employee agree otherwise.  2000, c. 41, s. 18 (3). Weekly or biweekly free time requirements (4) An employer shall give an employee a period free from the performance of work equal to, (a)  at least 24 consecutive hours in every work week; or (b)  at least 48 consecutive hours in every period of two consecutive work weeks.  2000, c. 41, s. 18 (4). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 3 (10) - 26/11/2002 2017, c. 22, Sched. 1, s. 10 - 01/01/2018
19 An employer may require an employee to work more than the maximum number of hours permitted under section 17 or to work during a period that is required to be free from performing work under section 18 only as follows, but only so far as is necessary to avoid serious interference with the ordinary working of the employer’s establishment or operations: 1.  To deal with an emergency. 2.  If something unforeseen occurs, to ensure the continued delivery of essential public services, regardless of who delivers those services. 3.  If something unforeseen occurs, to ensure that continuous processes or seasonal operations are not interrupted. 4.  To carry out urgent repair work to the employer’s plant or equipment.  2000, c. 41, s. 19.
20 (1) An employer shall give an employee an eating period of at least 30 minutes at intervals that will result in the employee working no more than five consecutive hours without an eating period.  2000, c. 41, s. 20 (1). Exception (2) Subsection (1) does not apply if the employer and the employee agree, whether or not in writing, that the employee is to be given two eating periods that together total at least 30 minutes in each consecutive five-hour period.  2000, c. 41, s. 20 (2).
21 An employer is not required to pay an employee for an eating period in which work is not being performed unless his or her employment contract requires such payment.  2000, c. 41, s. 21.
21.1 (1) The Director shall prepare and publish a document that describes such rights of employees and obligations of employers under this Part and Part VIII as the Director believes an employee should be made aware of in connection with an agreement referred to in subsection 17 (2) or (3).  2004, c. 21, s. 5; 2019, c. 4, Sched. 9, s. 7. If document not up to date (2) If the Director believes that a document prepared under subsection (1) has become out of date, he or she shall prepare and publish a new document.  2004, c. 21, s. 5. Section Amendments with date in force (d/m/y) 2004, c. 21, s. 5 - 1/03/2005 2019, c. 4, Sched. 9, s. 7 - 03/04/2019 PART VII.0.1   WRITTEN POLICY ON DISCONNECTING FROM WORK
21.1.1 In this Part, “disconnecting from work” means not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work. 2021, c. 35, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 3 - 02/12/2021
21.1.2 (1) An employer that, on January 1 of any year, employs 25 or more employees shall, before March 1 of that year, ensure it has a written policy in place for all employees with respect to disconnecting from work that includes the date the policy was prepared and the date any changes were made to the policy. 2021, c. 35, Sched. 2, s. 3. Copy of policy (2) An employer shall provide a copy of the written policy with respect to disconnecting from work to each of the employer’s employees within 30 days of preparing the policy or, if an existing written policy is changed, within 30 days of the changes being made. 2021, c. 35, Sched. 2, s. 3. Same (3) An employer shall provide a copy of the written policy with respect to disconnecting from work that applies to a new employee within 30 days of the day the employee becomes an employee of the employer. 2021, c. 35, Sched. 2, s. 3. Prescribed information (4) A written policy required under subsection (1) shall contain such information as may be prescribed. 2021, c. 35, Sched. 2, s. 3. Transition (5) Despite subsection (1), an employer shall, (a)  have until the date that is six months after the day the Working for Workers Act, 2021 receives Royal Assent instead of March 1 to comply with the requirements of subsection (1); and (b)  determine whether it employs 25 employees or more as of the January 1 immediately preceding the date described in clause (a). 2021, c. 35, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 3 - 02/12/2021 Part VII.1   Three Hour Rule
21.2 (1) If an employee who regularly works more than three hours a day is required to present himself or herself for work but works less than three hours, despite being available to work longer, the employer shall pay the employee wages for three hours, equal to the greater of the following: 1.  The sum of, i.  the amount the employee earned for the time worked, and ii.  wages equal to the employee’s regular rate for the remainder of the time. 2.  Wages equal to the employee’s regular rate for three hours of work. 2018, c. 14, Sched. 1, s. 5. Exception (2) Subsection (1) does not apply if the employer is unable to provide work for the employee because of fire, lightning, power failure, storms or similar causes beyond the employer’s control that result in the stopping of work. 2018, c. 14, Sched. 1, s. 5. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 11 - no effect - see 2018, c. 14, Sched. 1, s. 27 (4) - 01/01/2019 2018, c. 14, Sched. 1, s. 5 - 01/01/2019 21.3-21.7 Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 12 - no effect - see 2018, c. 14, Sched. 1, s. 27 (5) - 01/01/2019 PART Viii   OVERTIME PAY
23 (1) An employer shall pay employees at least the minimum wage.  2000, c. 41, s. 23 (1); 2014, c. 10, Sched. 2, s. 2 (1). Room or board (2) If an employer provides room or board to an employee, the prescribed amount with respect to room or board shall be deemed to have been paid by the employer to the employee as wages.  2000, c. 41, s. 23 (2). Determining compliance (3) Compliance with this Part shall be determined on a pay period basis.  2000, c. 41, s. 23 (3). Hourly rate (4) Without restricting the generality of subsection (3), if the minimum wage applicable with respect to an employee is expressed as an hourly rate, the employer shall not be considered to have complied with this Part unless, (a)  when the amount of regular wages paid to the employee in the pay period is divided by the number of hours he or she worked in the pay period, other than hours for which the employee was entitled to receive overtime pay or premium pay, the quotient is at least equal to the minimum wage; and (b)  when the amount of overtime pay and premium pay paid to the employee in the pay period is divided by the number of hours worked in the pay period for which the employee was entitled to receive overtime pay or premium pay, the quotient is at least equal to one and one half times the minimum wage.  2000, c. 41, s. 23 (4); 2014, c. 10, Sched. 2, s. 2 (2-4). Section Amendments with date in force (d/m/y) 2014, c. 10, Sched. 2, s. 2 (1-4) - 20/11/2014
23.0.1 If the minimum wage rate applicable to an employee changes during a pay period, the calculations required by subsection 23 (4) shall be performed as if the pay period were two separate pay periods, the first consisting of the part falling before the day on which the change takes effect and the second consisting of the part falling on and after the day on which the change takes effect. 2017, c. 22, Sched. 1, s. 14. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 14 - 01/01/2018
24 (1) An employee’s public holiday pay for a given public holiday shall be equal to, (a)  the total amount of regular wages earned and vacation pay payable to the employee in the four work weeks before the work week in which the public holiday occurred, divided by 20; or (b)  if some other manner of calculation is prescribed, the amount determined using that manner of calculation. 2017, c. 22, Sched. 1, s. 16; 2018, c. 14, Sched. 1, s. 7 (1). (1.1), (1.2) Repealed: 2018, c. 14, Sched. 1, s. 7 (2). Premium pay (2) An employer who is required under this Part to pay premium pay to an employee shall pay the employee at least one and one half times his or her regular rate.  2000, c. 41, s. 24 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 3 (12) - 26/11/2002 2017, c. 22, Sched. 1, s. 16 - 01/01/2018 2018, c. 14, Sched. 1, s. 7 (1, 2) - 01/01/2019
25 (1) Subsection (2) applies with respect to an employee if,  (a)  an employee performs work of a particular kind or character in a work week in which a public holiday occurs; (b)  the regulations exempt employees who perform work of that kind or character from the application of this Part; and (c)  the duties of the employee’s position also require him or her to perform work of another kind or character.  2000, c. 41, s. 25 (1). Same (2) This Part applies to the employee with respect to that public holiday unless the time spent by the employee performing the work referred to in clause (1) (b) constitutes more than half the time that the employee spent fulfilling the duties of his or her position in that work week.  2000, c. 41, s. 25 (2).
26 (1) If a public holiday falls on a day that would ordinarily be a working day for an employee and the employee is not on vacation that day, the employer shall give the employee the day off work and pay him or her public holiday pay for that day.  2000, c. 41, s. 26 (1). Exception (2) The employee has no entitlement under subsection (1) if he or she fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday.  2000, c. 41, s. 26 (2).
29 (1) If a public holiday falls on a day that would not ordinarily be a working day for an employee or a day on which the employee is on vacation, the employer shall substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday.  2000, c. 41, s. 29 (1). Substitute day of holiday (1.1) If a day is substituted for a public holiday under subsection (1), the employer shall provide the employee with a written statement, before the public holiday, that sets out, (a)  the public holiday that is being substituted; (b)  the date of the day that is substituted for a public holiday under subsection (1); and (c)  the date on which the statement is provided to the employee. 2017, c. 22, Sched. 1, s. 19. Restriction (2) A day that is substituted for a public holiday under subsection (1) shall be, (a)  a day that is no more than three months after the public holiday; or (b)  if the employee and the employer agree, a day that is no more than 12 months after the public holiday.  2000, c. 41, s. 29 (2). Employee on leave or lay-off (2.1) If a public holiday falls on a day that would not ordinarily be a working day for an employee and the employee is on a leave of absence under section 46 or 48 or on a layoff on that day, the employee is entitled to public holiday pay for the day but has no other entitlement under this Part with respect to the public holiday.  2002, c. 18, Sched. J, s. 3 (15). Layoff resulting in termination (2.2) Subsection (2.1) does not apply to an employee if his or her employment has been terminated under clause 56 (1) (c) and the public holiday falls on or after the day on which the lay-off first exceeded the period of a temporary lay-off.  2002, c. 18, Sched. J, s. 3 (15). Agreement re: public holiday pay (3) An employer and an employee may agree that, instead of complying with subsection (1), the employer shall pay the employee public holiday pay for the public holiday, and if they do subsection (1) does not apply to the employee.  2000, c. 41, s. 29 (3). Exception (4) The employee has no entitlement under subsection (1), (2.1) or (3) if he or she fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday.  2000, c. 41, s. 29 (4); 2002, c. 18, Sched. J, s. 3 (16). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 3 (15, 16) - 26/11/2002 2017, c. 22, Sched. 1, s. 19 - 01/01/2018
31 If an employee receives premium pay for working on a public holiday, the hours worked shall not be taken into consideration in calculating overtime pay to which the employee may be entitled.  2000, c. 41, s. 31.
32 If the employment of an employee ends before a day that has been substituted for a public holiday under this Part, the employer shall pay the employee public holiday pay for that day in accordance with subsection 11 (5).  2000, c. 41, s. 32. PART xi   VACATION WITH PAY
33 (1) An employer shall give an employee a vacation of, (a)  at least two weeks after each vacation entitlement year that the employee completes, if the employee’s period of employment is less than five years; or (b)  at least three weeks after each vacation entitlement year that the employee completes, if the employee’s period of employment is five years or more. 2017, c. 22, Sched. 1, s. 21. Active and inactive employment (2) Both active employment and inactive employment shall be included for the purposes of subsection (1). 2017, c. 22, Sched. 1, s. 21. Where vacation not taken in complete weeks (3) If an employee does not take vacation in complete weeks, the employer shall base the number of days of vacation that the employee is entitled to, (a)  on the number of days in the employee’s regular work week; or (b)  if the employee does not have a regular work week, on the average number of days the employee worked per week during the most recently completed vacation entitlement year. 2017, c. 22, Sched. 1, s. 21. Transition (4) Clause (1) (b) requires employers to provide employees with a period of employment of at least five years or more with at least three weeks of vacation after each vacation entitlement year that ends on or after December 31, 2017 but does not require them to provide additional vacation days in respect of vacation entitlement years that ended before that time. 2017, c. 22, Sched. 1, s. 21. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 3 (18) - 26/11/2002 2017, c. 22, Sched. 1, s. 21 - 01/01/2018 Alternative vacation entitlement year
34 (1) This section applies if the employer establishes an alternative vacation entitlement year for an employee. 2017, c. 22, Sched. 1, s. 21. Vacation for stub period, less than five years of employment (2) If the employee’s period of employment is less than five years, the employer shall do the following with respect to the stub period: 1.  The employer shall calculate the ratio between the stub period and 12 months. 2.  If the employee has a regular work week, the employer shall give the employee a vacation for the stub period that is equal to two weeks multiplied by the ratio calculated under paragraph 1. 3.  If the employee does not have a regular work week, the employer shall give the employee a vacation for the stub period that is equal to, 2 × A × the ratio calculated under paragraph 1 where, A =  the average number of days the employee worked per work week in the stub period. 2017, c. 22, Sched. 1, s. 21. Vacation for stub period, five years or more of employment (3) If the employee’s period of employment is five years or more, the employer shall do the following with respect to the stub period: 1.  The employer shall calculate the ratio between the stub period and 12 months. 2.  If the employee has a regular work week, the employer shall give the employee a vacation for the stub period that is equal to three weeks multiplied by the ratio calculated under paragraph 1. 3.  If the employee does not have a regular work week, the employer shall give the employee a vacation for the stub period that is equal to, 3 × A × the ratio calculated under paragraph 1 where, A =  the average number of days the employee worked per work week in the stub period. 2017, c. 22, Sched. 1, s. 21. Active and inactive employment (4) Both active employment and inactive employment shall be included for the purposes of subsections (2) and (3). 2017, c. 22, Sched. 1, s. 21. Transition (5) Subsection (3) requires employers to provide employees with a period of employment of at least five years or more with vacation calculated in accordance with that subsection for any stub period that ends on or after December 31, 2017 but does not require them to provide additional vacation days in respect of a stub period that ended before that time. 2017, c. 22, Sched. 1, s. 21. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 3 (18) - 26/11/2002 2017, c. 22, Sched. 1, s. 21 - 01/01/2018
35 The employer shall determine when an employee shall take vacation for a vacation entitlement year, subject to the following rules: 1.  The vacation must be completed no later than 10 months after the end of the vacation entitlement year for which it is given. 2.  If the employee’s period of employment is less than five years, the vacation must be a two-week period or two periods of one week each, unless the employee requests in writing that the vacation be taken in shorter periods and the employer agrees to that request. 3.  If the employee’s period of employment is five years or more, the vacation must be a three-week period or a two-week period and a one-week period or three periods of one week each, unless the employee requests in writing that the vacation be taken in shorter periods and the employer agrees to that request. 2017, c. 22, Sched. 1, s. 21. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 3 (18) - 26/11/2002 2017, c. 22, Sched. 1, s. 21 - 01/01/2018
35.1 (1) This section applies if an employer establishes an alternative vacation entitlement year for an employee. 2017, c. 22, Sched. 1, s. 22. Same (2) The employer shall determine when the employee shall take his or her vacation for the stub period, subject to the following rules: 1.  The vacation shall be completed no later than 10 months after the start of the first alternative vacation entitlement year. 2.  Subject to paragraphs 3 and 4, if the vacation entitlement is equal to two or more days, the vacation shall be taken in a period of consecutive days. 3.  Subject to paragraph 4, if the vacation entitlement is equal to more than five days, at least five vacation days shall be taken in a period of consecutive days and the remaining vacation days may be taken in a separate period of consecutive days. 4.  Paragraphs 2 and 3 do not apply if the employee requests in writing that the vacation be taken in shorter periods and the employer agrees to that request.  2002, c. 18, Sched. J, s. 3 (18). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 3 (18) - 26/11/2002 2017, c. 22, Sched. 1, s. 22 - 01/01/2018
35.2 An employer shall pay vacation pay to an employee who is entitled to vacation under section 33 or 34, equal to at least, (a)  4 per cent of the wages, excluding vacation pay, that the employee earned during the period for which the vacation is given, if the employee’s period of employment is less than five years; or (b)  6 per cent of the wages, excluding vacation pay, that the employee earned during the period for which the vacation is given, if the employee’s period of employment is five years or more. 2017, c. 22, Sched. 1, s. 23. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 3 (18) - 26/11/2002 2017, c. 22, Sched. 1, s. 23 - 01/01/2018
36 (1) Subject to subsections (2) to (4), the employer shall pay vacation pay to the employee in a lump sum before the employee commences his or her vacation.  2000, c. 41, s. 36 (1); 2001, c. 9, Sched. I, s. 1 (5). Same (2) If the employer pays the employee his or her wages in accordance with subsection 11 (4) or the employee does not take his or her vacation in complete weeks, the employer may pay the employee his or her vacation pay on or before the pay day for the period in which the vacation falls.  2000, c. 41, s. 36 (2). Same (3) The employer may pay the employee vacation pay that accrues during a pay period on the pay day for that period if the employee agrees that it may be paid in that manner and, (a)  the statement of wages provided for that period under subsection 12 (1) sets out, in addition to the information required by that subsection, the amount of vacation pay that is being paid separately from the amount of other wages that is being paid; or (b)  a separate statement setting out the amount of vacation pay that is being paid is provided to the employee at the same time that the statement of wages is provided under subsection 12 (1).  2000, c. 41, s. 36 (3); 2001, c. 9, Sched. I, s. 1 (6); 2002, c. 18, Sched. J, s. 3 (19, 20). Same (4) The employer may pay the employee vacation pay at a time agreed to by the employee.  2001, c. 9, Sched. I, s. 1 (7). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (5-7) - 4/09/2001 2002, c. 18, Sched. J, s. 3 (19, 20) - 26/11/2002
37 (1) If the employer has scheduled vacation for an employee and subsequently the employee goes on strike or is locked out during a time for which the vacation had been scheduled, the employer shall pay to the employee the vacation pay that would have been paid to him or her with respect to that vacation.  2000, c. 41, s. 37 (1). Cancellation (2) Subsection (1) applies despite any purported cancellation of the vacation.  2000, c. 41, s. 37 (2).
38 If an employee’s employment ends at a time when vacation pay has accrued with respect to the employee, the employer shall pay the vacation pay that has accrued to the employee in accordance with subsection 11 (5).  2000, c. 41, s. 38.
39 Sections 36, 37 and 38 do not apply with respect to an employee and his or her employer if, (a)  the employee is represented by a trade union; and (b)  the employer makes contributions for vacation pay to the trustees of a multi-employer vacation benefit plan.  2000, c. 41, s. 39; 2001, c. 9, Sched. I, s. 1 (8). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (8) - 4/09/2001
40 (1) Every employer shall be deemed to hold vacation pay accruing due to an employee in trust for the employee whether or not the employer has kept the amount for it separate and apart.  2000, c. 41, s. 40 (1). Same (2) An amount equal to vacation pay becomes a lien and charge upon the assets of the employer that in the ordinary course of business would be entered in books of account, even if it is not entered in the books of account.  2000, c. 41, s. 40 (2).
41 (1) If the Director approves and an employee’s employer agrees, an employee may be allowed to forego taking vacation to which he or she is entitled under this part.  2000, c. 41, s. 41 (1). Vacation pay (2) Nothing in subsection (1) allows the employer to forego paying vacation pay.  2000, c. 41, s. 41 (2).
41.1 (1) An employee is entitled to receive the following statements on making a written request: 1.  After the end of a vacation entitlement year, a statement in writing that sets out the information contained in the record the employer is required to keep under subsection 15.1 (2). 2.  After the end of a stub period, a statement in writing that sets out the information contained in the record the employer is required to keep under subsection 15.1 (3).  2002, c. 18, Sched. J, s. 3 (21). When statement to be provided (2) Subject to subsection (3), the statement shall be provided to the employee not later than the later of, (a)  seven days after the employee makes his or her request; and (b)  the first pay day after the employee makes his or her request.  2002, c. 18, Sched. J, s. 3 (21). Same (3) If the request is made during the vacation entitlement year or stub period to which it relates, the statement shall be provided to the employee not later than the later of, (a)  seven days after the start of the next vacation entitlement year or the first vacation entitlement year, as the case may be; and (b)  the first pay day of the next vacation entitlement year or of the first vacation entitlement year, as the case may be.  2002, c. 18, Sched. J, s. 3 (21). Restriction re frequency (4) The employer is not required to provide a statement to an employee more than once with respect to a vacation entitlement year or stub period.  2002, c. 18, Sched. J, s. 3 (21). Exception (5) This section does not apply with respect to an employee whose employer pays vacation pay in accordance with subsection 36 (3).  2002, c. 18, Sched. J, s. 3 (21). (6) Repealed: 2017, c. 22, Sched. 1, s. 24. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 3 (21) - 26/11/2002 2017, c. 22, Sched. 1, s. 24 - 01/01/2018 PART XI.1   WRITTEN POLICY ON ELECTRONIC MONITORING
41.1.1 (1) An employer that, on January 1 of any year, employs 25 or more employees shall, before March 1 of that year, ensure it has a written policy in place for all employees with respect to electronic monitoring of employees. 2022, c. 7, Sched. 2, s. 4. Required information (2) The written policy with respect to electronic monitoring must contain the following information: 1.  Whether the employer electronically monitors employees and if so, i.  a description of how and in what circumstances the employer may electronically monitor employees, and ii.  the purposes for which information obtained through electronic monitoring may be used by the employer. 2.  The date the policy was prepared and the date any changes were made to the policy. 3.  Such other information as may be prescribed. 2022, c. 7, Sched. 2, s. 4. Copy of policy (3) An employer that is required under this section to have a written policy with respect to electronic monitoring shall provide a copy of the policy to each of the employer’s employees within 30 days from the day the employer is required to have the policy in place or, if an existing policy is changed, within 30 days of the changes being made. 2022, c. 7, Sched. 2, s. 4. Same, new employee (4) An employer that is required under this section to have a written policy with respect to electronic monitoring shall provide a copy of the policy to a new employee within 30 days of the day the employee becomes an employee of the employer or within 30 days from the day the employer is required to have the policy in place, whichever is later. 2022, c. 7, Sched. 2, s. 4. Same, assignment employee (5) An employer that is a client of a temporary help agency, and that is required under this section to have a written policy with respect to electronic monitoring shall provide an assignment employee assigned to perform work for the employer with a copy of the policy within 24 hours of the start of the assignment or within 30 days from the day the employer is required to have the policy in place, whichever is later. 2022, c. 7, Sched. 2, s. 4. Complaints (6) A complaint under subsection 96 (1) alleging a contravention of this section may be made only with  respect to subsections (3), (4) and (5) and, for greater certainty, a person may not file a complaint alleging a contravention of any other provision of this section or have such a complaint investigated. 2022, c. 7, Sched. 2, s. 4. Use of information (7) For greater certainty, nothing in this section affects or limits an employer’s ability to use information obtained through electronic monitoring of its employees. 2022, c. 7, Sched. 2, s. 4. Transition (8) Despite subsection (1), an employer shall, (a)  have until the date that is six months after the day the Working for Workers Act, 2022 receives Royal Assent instead of March 1 to comply with the requirements of subsection (1); and (b)  determine whether it employs 25 employees or more as of the January 1 immediately preceding the date described in clause (a). 2022, c. 7, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2022, c. 7, Sched. 2, s. 4 - 11/04/2022 PART Xii   EQUAL PAY FOR EQUAL WORK
41.2 In this Part, “substantially the same” means substantially the same but not necessarily identical. 2017, c. 22, Sched. 1, s. 25. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 25 - 01/04/2018