jswizzle3737/ontario_laws_and_regs huggingface dataset:
74.18 (1) Subject to subsection (2), if an assignment employee was assigned to perform work for a client of a temporary help agency during a pay period, and the agency fails to pay the employee some or all of the wages described in subsection (3) that are owing to the employee for that pay period, the agency and the client are jointly and severally liable for the wages. 2014, c. 10, Sched. 2, s. 5. Same, more than one client (2) If an assignment employee was assigned to perform work for more than one client of a temporary help agency during a pay period, and the agency fails to pay the employee some or all of the wages described in subsection (3) that are owing to the employee for that pay period, each client is jointly and severally liable with the agency for a share of the total wages owed to the employee that is in proportion to the number of hours the employee worked for that client during the pay period relative to the total number of hours the employee worked for all clients during the pay period. 2014, c. 10, Sched. 2, s. 5. Wages for which client may be liable (3) A client of a temporary help agency may be jointly and severally liable under this section for the following wages: 1.  Regular wages that were earned during the relevant pay period. 2.  Overtime pay that was earned during the relevant pay period. 3.  Public holiday pay that was earned during the relevant pay period. 4.  Premium pay that was earned during the relevant pay period. 2014, c. 10, Sched. 2, s. 5. Agency primarily responsible (4) Despite subsections (1) and (2), the temporary help agency is primarily responsible for an assignment employee’s wages, but proceedings against the agency under this Act do not have to be exhausted before proceedings may be commenced to collect wages from the client of the agency. 2014, c. 10, Sched. 2, s. 5. Enforcement – client deemed to be employer (5) For the purposes of enforcing the liability of a client of a temporary help agency under this section, the client is deemed to be an employer of the assignment employee. 2014, c. 10, Sched. 2, s. 5. Same – orders (6) Without restricting the generality of subsection (5), an order issued by an employment standards officer against a client of a temporary help agency to enforce a liability under this section shall be treated as if it were an order against an employer for the purposes of this Act. 2014, c. 10, Sched. 2, s. 5. Section Amendments with date in force (d/m/y) 2014, c. 10, Sched. 2, s. 5 - 20/11/2015
74.19  (1) If an employment standards officer finds that section 74.12.1 has been contravened with respect to a prospective employee who engages or uses the services of a recruiter, the officer may order that the prospective employee be compensated for any loss incurred as a result of the contravention. 2021, c. 35, Sched. 2, s. 19. Terms of order (2) If an order issued under this section requires the recruiter to compensate a prospective employee that has engaged or used the services of the recruiter, it shall also require the recruiter to, (a)  pay to the Director in trust, (i)  the amount of the compensation, and (ii)  an amount for administration costs equal to the greater of $100 and 10 per cent of the amount of compensation; or (b)  pay the amount of the compensation to the prospective employee. 2021, c. 35, Sched. 2, s. 19. Application of s. 103 (3) to (9) (3) Subsections 103 (3) to (9) apply with respect to orders issued under this section with necessary modifications, including but not limited to the following: 1.  A reference to an employer is a reference to a recruiter. 2.  A reference to an employee is a reference to a prospective employee that has engaged or used the services of a recruiter. 2021, c. 35, Sched. 2, s. 19. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 19 - 01/07/2023 PART XIx   BUILDING SERVICES PROVIDERS
75 (1) This Part applies if a building services provider for a building is replaced by a new provider.  2000, c. 41, s. 75 (1). Termination and severance pay (2) The new provider shall comply with Part XV (Termination and Severance of Employment) with respect to every employee of the replaced provider who is engaged in providing services at the premises and whom the new provider does not employ as if the new provider had terminated and severed the employee’s employment.  2000, c. 41, s. 75 (2). Same (3) The new provider shall be deemed to have been the employee’s employer for the purpose of subsection (2).  2000, c. 41, s. 75 (3). Exception (4) The new provider is not required to comply with subsection (2) with respect to, (a)  an employee who is retained by the replaced provider; or (b)  any prescribed employees.  2000, c. 41, s. 75 (4).
76 (1) A provider who ceases to provide services at a premises and who ceases to employ an employee shall pay to the employee the amount of any accrued vacation pay.  2000, c. 41, s. 76 (1). Same (2) A payment under subsection (1) shall be made within the later of, (a)  seven days after the day the employee’s employment with the provider ceases; or (b)  the day that would have been the employee’s next regular pay day.  2000, c. 41, s. 76 (2).
77 (1) Where a person is seeking to become the new provider at a premises, the owner or manager of the premises shall upon request give to that person the prescribed information about the employees who on the date of the request are engaged in providing services at the premises.  2000, c. 41, s. 77 (1). Same, new provider (2) Where a person becomes the new provider at a premises, the owner or manager of the premises shall upon request give to that person the prescribed information about the employees who on the date of the request are engaged in providing services for the premises.  2000, c. 41, s. 77 (2). Request by owner or manager (3) If an owner or manager requests a provider or former provider to provide information to the owner or manager so that the owner or manager can fulfil a request made under subsection (1) or (2), the provider or former provider shall provide the information.  2000, c. 41, s. 77 (3).
78 (1) A person who receives information under this Part shall use that information only for the purpose of complying with this Part or determining the person’s obligations or potential obligations under this Part.  2000, c. 41, s. 78 (1). Confidentiality (2) A person who receives information under section 77 shall not disclose it, except as authorized under this Part.  2000, c. 41, s. 78 (2). PART Xx   LIABILITY OF DIRECTORS
79 In this Part, “director” means a director of a corporation and includes a shareholder who is a party to a unanimous shareholder agreement.  2000, c. 41, s. 79.
80 (1) This Part applies with respect to shareholders described in section 79 only to the extent that the directors are relieved, under subsection 108 (5) of the Business Corporations Act or subsection 146 (5) of the Canada Business Corporations Act, of their liability to pay wages to the employees of the corporation.  2000, c. 41, s. 80 (1). Non-application (2) This Part does not apply with respect to directors of corporations to which the Not-for-Profit Corporations Act, 2010 applies or to which the Co-operative Corporations Act applies.  2000, c. 41, s. 80 (2); 2010, c. 15, s. 224. Same (3) This Part does not apply with respect to directors, or persons who perform functions similar to those of a director, of a college of a health profession or a group of health professions that is established or continued under an Act of the Legislature.  2000, c. 41, s. 80 (3). Same (4) This Part does not apply with respect to directors of corporations, (a)  that have been incorporated in another jurisdiction; (b)  that have objects that are similar to the objects of corporations to which the Not-for-Profit Corporations Act, 2010 applies or to which the Co-operative Corporations Act applies; and (c)  that are carried on without the purpose of gain.  2000, c. 41, s. 80 (4); 2010, c. 15, s. 224. Section Amendments with date in force (d/m/y) 2010, c. 15, s. 224 - 19/10/2021
82 (1) No provision in a contract, in the articles of incorporation or the by-laws of a corporation or in a resolution of a corporation relieves a director from the duty to act according to this Act or relieves him or her from liability for breach of it.  2000, c. 41, s. 82 (1). Indemnification of directors (2) An employer may indemnify a director, a former director and the heirs or legal representatives of a director or former director against all costs, charges and expenses, including an amount paid to satisfy an order under this Act, including an order which is the subject of a filing under section 126, reasonably incurred by the director with respect to any civil or administrative action or proceeding to which he or she is a party by reason of being or having been a director of the employer if, (a)  he or she has acted honestly and in good faith with a view to the best interests of the employer; and (b)  in the case of a proceeding or action that is enforced by a monetary penalty, he or she had reasonable grounds for believing that his or her conduct was lawful.  2000, c. 41, s. 82 (2).
83 No civil remedy that a person may have against a director or that a director may have against a person is suspended or affected by this Part.  2000, c. 41, s. 83. PART XXi   who enforces this act and what they can do
84 The Minister is responsible for the administration of this Act.  2000, c. 41, s. 84.
85 (1) The Minister shall appoint a person to be the Director of Employment Standards to administer this Act and the regulations.  2000, c. 41, s. 85 (1). Acting Director (2) The Director’s powers may be exercised and the Director’s duties may be performed by an employee of the Ministry appointed as Acting Director if, (a)  the Director is absent or unable to act; or (b)  an individual who was appointed Director has ceased to be the Director and no new Director has been appointed.  2000, c. 41, s. 85 (2). Same (3) An Acting Director shall be appointed by the Director or, in the Director’s absence, the Deputy Minister of Labour.  2000, c. 41, s. 85 (3).
86 (1) Such persons as are considered necessary to enforce this Act and the regulations may be appointed under Part III of the Public Service of Ontario Act, 2006
as employment standards officers.  2006, c. 35, Sched. C, s. 33. Certificate of appointment (2) The Deputy Minister of Labour shall issue a certificate of appointment bearing his or her signature or a facsimile of it to every employment standards officer.  2000, c. 41, s. 86 (2). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 33 - 20/08/2007
87 (1) The Minister may, in writing, delegate to any person any of the Minister’s powers or duties under this Act, subject to the limitations or conditions set out in the delegation.  2000, c. 41, s. 87 (1). Same: residual powers (2) The Minister may exercise a power or perform a duty under this Act even if he or she has delegated it to a person under this section.  2000, c. 41, s. 87 (2).
88 (1) The Director may exercise the powers conferred upon the Director under this Act and shall perform the duties imposed upon the Director under this Act.  2000, c. 41, s. 88 (1). Policies (2) The Director may establish policies respecting the interpretation, administration and enforcement of this Act.  2000, c. 41, s. 88 (2). Authorization (3) The Director may authorize an employment standards officer to exercise a power or to perform a duty conferred upon the Director under this Act, either orally or in writing.  2000, c. 41, s. 88 (3). Same: residual powers (4) The Director may exercise a power conferred upon the Director under this Act even if he or she has delegated it to a person under subsection (3).  2000, c. 41, s. 88 (4). Interest (5) The Director may, with the approval of the Minister, determine the rates of interest and the manner of calculating interest for, (a)  amounts owing under different provisions of this Act or the regulations, and (b)  money held by the Director in trust. 2017, c. 22, Sched. 1, s. 51. Determinations not regulations (6) A determination under subsection (5) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2000, c. 41, s. 88 (6); 2006, c. 21, Sched. F, s. 136 (1). Other circumstances (7) Where money has been paid to the Director in trust and no provision is made for paying it out elsewhere in this Act, it shall be paid out to the person entitled to receive it together with interest at the rate and calculated in the manner determined by the Director under subsection (5).  2000, c. 41, s. 88 (7). Surplus interest (8) If the interest earned on money held by the Director in trust exceeds the interest paid to the person entitled to receive the money, the Director may use the difference to pay any service charges for the management of the money levied by the financial institution with which the money was deposited.  2000, c. 41, s. 88 (8). Hearing not required (9) The Director is not required to hold a hearing in exercising any power or making any decision under this Act.  2000, c. 41, s. 88 (9). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2017, c. 22, Sched. 1, s. 51 - 01/01/2018
88.1 (1) The Director may terminate the assignment of an employment standards officer to the investigation of a complaint and may assign the investigation to another employment standards officer.  2006, c. 19, Sched. M, s. 1 (1). Same (2) If the Director terminates the assignment of an employment standards officer to the investigation of a complaint, (a)  the officer whose assignment is terminated shall no longer have any powers or duties with respect to the investigation of the complaint or the discovery during the investigation of any similar potential entitlement of another employee of the employer related to the complaint; and (b)  the new employment standards officer assigned to the investigation may rely on evidence collected by the first officer and any findings of fact made by that officer.  2006, c. 19, Sched. M, s. 1 (1). Inspections (3) This section applies with necessary modifications to inspections of employers by employment standards officers.  2006, c. 19, Sched. M, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. M, s. 1 (1) - 22/06/2006
88.2 (1) The Director may give recognition to an employer, upon the employer’s application, if the employer satisfies the Director that it meets the prescribed criteria. 2017, c. 22, Sched. 1, s. 52. Classes of employers (2) For greater certainty, the criteria under subsection (1) may be prescribed for different classes of employers. 2017, c. 22, Sched. 1, s. 52. Information re recognitions (3) The Director may require any employer who is seeking recognition under subsection (1), or who is the subject of a recognition, to provide the Director with whatever information, records or accounts he or she may require pertaining to the recognition and the Director may make such inquiries and examinations as he or she considers necessary. 2017, c. 22, Sched. 1, s. 52. Publication (4) The Director may publish or otherwise make available to the public information relating to employers given recognition under subsection (1), including the names of employers. 2017, c. 22, Sched. 1, s. 52. Validity of recognitions (5) A recognition given under subsection (1) is valid for the period that the Director specifies in the recognition. 2017, c. 22, Sched. 1, s. 52. Revocation, etc., of recognitions (6) The Director may revoke or amend a recognition. 2017, c. 22, Sched. 1, s. 52. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 52 - 01/01/2018
88.3 (1) The Director may authorize an individual employed in the Ministry to exercise a power conferred on the Director under section 88.2, either orally or in writing. 2017, c. 22, Sched. 1, s. 52. Residual powers (2) The Director may exercise a power conferred on the Director under section 88.2 even if he or she has delegated it to an individual under subsection (1). 2017, c. 22, Sched. 1, s. 52. Duty re policies (3) An individual authorized by the Director under subsection (1) shall follow any policies established by the Director under subsection 88 (2). 2017, c. 22, Sched. 1, s. 52. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 52 - 01/01/2018
89 (1) An employment standards officer may exercise the powers conferred upon employment standards officers under this Act and shall perform the duties imposed upon employment standards officers under this Act.  2000, c. 41, s. 89 (1). Officers to follow policies (2) An employment standards officer shall follow any policies established by the Director under subsection 88 (2).  2000, c. 41, s. 89 (2). Hearing not required (3) An employment standards officer is not required to hold a hearing in exercising any power or making any decision under this Act.  2000, c. 41, s. 89 (3).
90 (1) An employment standards officer is not a competent or compellable witness in a civil proceeding respecting any information given or obtained, statements made or received, or records or other things produced or received under this Act except for the purpose of carrying out his or her duties under it.  2000, c. 41, s. 90 (1). Records (2) An employment standards officer shall not be compelled in a civil proceeding to produce any record or other thing he or she has made or received under this Act except for the purpose of carrying out his or her duties under this Act.  2000, c. 41, s. 90 (2).
92 (1) A justice of the peace may issue a warrant authorizing an employment standards officer named in the warrant to enter premises specified in the warrant and to exercise any of the powers mentioned in subsection 91 (6), if the justice of the peace is satisfied on information under oath that, (a)  the officer has been prevented from exercising a right of entry to the premises under subsection 91 (1) or has been prevented from exercising a power under subsection 91 (6); (b)  there are reasonable grounds to believe that the officer will be prevented from exercising a right of entry to the premises under subsection 91 (1) or will be prevented from exercising a power under subsection 91 (6); or (c)  there are reasonable grounds to believe that an offence under this Act or the regulations has been or is being committed and that information or other evidence will be obtained through the exercise of a power mentioned in subsection 91 (6).  2000, c. 41, s. 92 (1); 2009, c. 32, s. 51 (1). Expiry of warrant (2) A warrant issued under this section shall name a date on which it expires, which date shall not be later than 30 days after the warrant is issued.  2000, c. 41, s. 92 (2). Extension of time (3) Upon application without notice by the employment standards officer named in a warrant issued under this section, a justice of the peace may extend the date on which the warrant expires for an additional period of no more than 30 days.  2000, c. 41, s. 92 (3). Use of force (4) An employment standards officer named in a warrant issued under this section may call upon a police officer for assistance in executing the warrant.  2000, c. 41, s. 92 (4). Time of execution (5) A warrant issued under this section may be executed only between 8 a.m. and 8 p.m., unless the warrant specifies otherwise.  2000, c. 41, s. 92 (5). Other matters (6) Subsections 91 (4) to (13) apply with necessary modifications to an officer executing a warrant issued under this section.  2000, c. 41, s. 92 (6); 2002, c. 18, Sched. J, s. 3 (27). Same (7) Without restricting the generality of subsection (6), if a warrant is issued under this section, the matters on which an officer executing the warrant may question a person under clause 91 (6) (e) are not limited to those that aid in the effective execution of the warrant but extend to any matters that the officer thinks may be relevant to the investigation or inspection.  2009, c. 32, s. 51 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 3 (27) - 26/11/2002 2009, c. 32, s. 51 (1, 2) - 22/03/2010
93 An employment standards officer may require an employer to post and to keep posted in or upon the employer’s premises in a conspicuous place or places where it is likely to come to the attention of the employer’s employees, (a)  any notice relating to the administration or enforcement of this Act or the regulations that the officer considers appropriate; or (b)  a copy of a report or part of a report made by the officer concerning the results of an investigation or inspection.  2000, c. 41, s. 93.
94 If a regulation is made under the Canada Labour Code incorporating by reference all or part of this Act or a regulation under it, the Board and any person having powers under this Act may exercise the powers conferred under the Canada Labour Code regulation.  2000, c. 41, s. 94.
96 (1) A person alleging that this Act has been or is being contravened may file a complaint with the Ministry in a written or electronic form approved by the Director.  2000, c. 41, s. 96 (1). Effect of failure to use form (2) A complaint that is not filed in a form approved by the Director shall be deemed not to have been filed.  2000, c. 41, s. 96 (2). Limitation (3) A complaint regarding a contravention that occurred more than two years before the day on which the complaint was filed shall be deemed not to have been filed.  2001, c. 9, Sched. I, s. 1 (18). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (18) - 4/09/2001 96.1 Repealed: 2017, c. 22, Sched. 1, s. 53. Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 9, s. 1 (8) - 29/11/2010 2017, c. 22, Sched. 1, s. 53 - 01/01/2018
97 (1) An employee who files a complaint under this Act with respect to an alleged failure to pay wages or comply with Part XIII (Benefit Plans) may not commence a civil proceeding with respect to the same matter.  2000, c. 41, s. 97 (1). Same, wrongful dismissal (2) An employee who files a complaint under this Act alleging an entitlement to termination pay or severance pay may not commence a civil proceeding for wrongful dismissal if the complaint and the proceeding would relate to the same termination or severance of employment.  2000, c. 41, s. 97 (2). (3) Repealed: 2021, c. 35, Sched. 2, s. 20. Withdrawal of complaint (4) Despite subsections (1) and (2), an employee who has filed a complaint may commence a civil proceeding with respect to a matter described in those subsections if he or she withdraws the complaint within two weeks after it is filed.  2000, c. 41, s. 97 (4). Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 20 - 02/12/2021
98 (1) An employee who commences a civil proceeding with respect to an alleged failure to pay wages or to comply with Part XIII (Benefit Plans) may not file a complaint with respect to the same matter or have such a complaint investigated.  2000, c. 41, s. 98 (1). Same, wrongful dismissal (2) An employee who commences a civil proceeding for wrongful dismissal may not file a complaint alleging an entitlement to termination pay or severance pay or have such a complaint investigated if the proceeding and the complaint relate to the same termination or severance of employment.  2000, c. 41, s. 98 (2). Enforcement under Collective Agreement
99 (1) If an employer is or has been bound by a collective agreement, this Act is enforceable against the employer as if it were part of the collective agreement with respect to an alleged contravention of this Act that occurs, (a)  when the collective agreement is or was in force; (b)  when its operation is or was continued under subsection 58 (2) of the Labour Relations Act, 1995; or (c)  during the period that the parties to the collective agreement are or were prohibited by subsection 86 (1) of the Labour Relations Act, 1995 from unilaterally changing the terms and conditions of employment.  2000, c. 41, s. 99 (1). Complaint not permitted (2) An employee who is represented by a trade union that is or was a party to a collective agreement may not file a complaint alleging a contravention of this Act that is enforceable under subsection (1) or have such a complaint investigated.  2000, c. 41, s. 99 (2). Employee bound (3) An employee who is represented by a trade union that is or was a party to a collective agreement is bound by any decision of the trade union with respect to the enforcement of this Act under the collective agreement, including a decision not to seek that enforcement.  2000, c. 41, s. 99 (3). Membership status irrelevant (4) Subsections (2) and (3) apply even if the employee is not a member of the trade union.  2000, c. 41, s. 99 (4). Unfair representation (5) Nothing in subsection (3) or (4) prevents an employee from filing a complaint with the Board alleging that a decision of the trade union with respect to the enforcement of this Act contravenes section 74 of the Labour Relations Act, 1995.  2000, c. 41, s. 99 (5). Exception (6) Despite subsection (2), the Director may permit an employee to file a complaint and may direct an employment standards officer to investigate it if the Director considers it appropriate in the circumstances.  2000, c. 41, s. 99 (6).
100 (1) If an arbitrator finds that an employer has contravened this Act, the arbitrator may make any order against the employer that an employment standards officer could have made with respect to that contravention but the arbitrator may not issue a notice of contravention.  2000, c. 41, s. 100 (1). Same: Part XIII (2) If an arbitrator finds that an employer has contravened Part XIII (Benefit Plans), the arbitrator may make any order that the Board could make under section 121.  2000, c. 41, s. 100 (2). Directors and collective agreement (3) An arbitrator shall not require a director to pay an amount, take an action or refrain from taking an action under a collective agreement that the director could not be ordered to pay, take or refrain from taking in the absence of the collective agreement.  2000, c. 41, s. 100 (3). Conditions respecting orders under this section (4) The following conditions apply with respect to an arbitrator’s order under this section: 1.  In an order requiring the payment of wages or compensation, the arbitrator may require that the amount of the wages or compensation be paid, i.  to the trade union that represents the employee or employees concerned, or ii.  directly to the employee or employees. 2.  Repealed: 2021, c. 35, Sched. 2, s. 21. 3.  The order is not subject to review under section 116.  2000, c. 41, s. 100 (4). Copy of decision to Director (5) When an arbitrator makes a decision with respect to an alleged contravention of this Act, the arbitrator shall provide a copy of it to the Director.  2000, c. 41, s. 100 (5). Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 21 - 02/12/2021
101 (1) This section applies if, during a proceeding before an arbitrator, other than the Board, concerning an alleged contravention of this Act, an issue is raised concerning whether the employer to whom the collective agreement applies or applied and another person are to be treated as one employer under section 4.  2000, c. 41, s. 101 (1). Restriction (2) The arbitrator shall not decide the question of whether the employer and the other person are to be treated as one employer under section 4.  2000, c. 41, s. 101 (2). Reference to Board (3) If the arbitrator finds it is necessary to make a finding concerning the application of section 4, the arbitrator shall refer that question to the Board by giving written notice to the Board.  2000, c. 41, s. 101 (3). Content of notice (4) The notice to the Board shall, (a)  state that an issue has arisen in an arbitration proceeding with respect to whether the employer and another person are to be treated as one employer under section 4; and (b)  set out the decisions made by the arbitrator on the other matters in dispute.  2000, c. 41, s. 101 (4). Decision by Board (5) The Board shall decide whether the employer and the other person are one employer under section 4, but shall not vary any decision of the arbitrator concerning the other matters in dispute.  2000, c. 41, s. 101 (5). Order (6) Subject to subsection (7), the Board may make an order against the employer and, if it finds that the employer and the other person are one employer under section 4, it may make an order against the other person.  2000, c. 41, s. 101 (6). Exception (7) The Board shall not require the other person to pay an amount or take or refrain from taking an action under a collective agreement that the other person could not be ordered to pay, take or refrain from taking in the absence of the collective agreement.  2000, c. 41, s. 101 (7). Application (8) Section 100 applies, with necessary modifications, with respect to an order under this section.  2000, c. 41, s. 101 (8). Enforcement by Employment Standards Officer
101.1 (1) An employment standards officer assigned to investigate a complaint may attempt to effect a settlement.  2010, c. 16, Sched. 9, s. 1 (9). Effect of settlement (2) If the employer and employee agree to a settlement under this section and do what they agreed to do under it, (a)  the settlement is binding on them; (b)  the complaint is deemed to have been withdrawn; (c)  the investigation is terminated; and (d)  any proceeding respecting the contravention alleged in the complaint, other than a prosecution, is terminated.  2010, c. 16, Sched. 9, s. 1 (9). Application of s. 112 (4), (5), (7) and (9) (3) Subsections 112 (4), (5), (7) and (9) apply, with necessary modifications, in respect of a settlement under this section.  2010, c. 16, Sched. 9, s. 1 (9). Application to void settlement (4) If, upon application to the Board, the employee or employer demonstrates that he, she or it entered into a settlement under this section as a result of fraud or coercion, (a)  the settlement is void; (b)  the complaint is deemed never to have been withdrawn; (c)  the investigation of the complaint is resumed; and (d)  any proceeding respecting the contravention alleged in the complaint that was terminated is resumed.  2010, c. 16, Sched. 9, s. 1 (9). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 9, s. 1 (9) - 29/11/2010 101.2 Repealed:  2000, c. 41, s. 101.2 (7). Section Amendments with date in force (d/m/y) 2000, c. 41, s. 101.2 (7) - 29/11/2012 2010, c. 16, Sched. 9, s. 1 (9) - 29/11/2010
102.1 (1) An employment standards officer may, in any of the following circumstances and after giving notice, require an employee or an employer to provide evidence or submissions to the officer within the time that he or she specifies in the notice: 1.  The officer is investigating a complaint against an employer. 2.  The officer, while inspecting a place under section 91 or 92, comes to have reasonable grounds to believe that an employer has contravened this Act or the regulations with respect to an employee. 3.  The officer acquires information that suggests to him or her the possibility that an employer may have contravened this Act or the regulations with respect to an employee. 4.  The officer wishes to determine whether the employer of an employee who resides in the employer’s residence is complying with this Act.  2010, c. 16, Sched. 9, s. 1 (11). Service of notice (2) The notice shall be served on the employer or employee in accordance with section 95.  2010, c. 16, Sched. 9, s. 1 (11). Determination if person fails to respond (3) If a person served with a notice under this section fails to provide evidence or submissions as required by the notice, the officer may determine whether the employer has contravened or is contravening this Act on the basis of the following factors: 1.  Any evidence or submissions provided by or on behalf of the employer or the employee before the notice was served. 2.  Any evidence or submissions provided by or on behalf of the employer or the employee in response to and within the time specified in the notice. 3.  Any other factors that the officer considers relevant.  2010, c. 16, Sched. 9, s. 1 (11). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 9, s. 1 (11) - 29/11/2010
103 (1) If an employment standards officer finds that an employer owes wages to an employee, the officer may, (a)  arrange with the employer that the employer pay the wages directly to the employee; (a.1)  order the employer to pay wages to the employee; or (b)  order the employer to pay the amount of wages to the Director in trust.  2000, c. 41, s. 103 (1); 2017, c. 22, Sched. 1, s. 54. Administrative costs (2) An order issued under clause (1) (b) shall also require the employer to pay to the Director in trust an amount for administrative costs equal to the greater of $100 and 10 per cent of the wages owing.  2000, c. 41, s. 103 (2). If more than one employee (3) A single order may be issued with respect to wages owing to more than one employee.  2000, c. 41, s. 103 (3). (4), (4.1) Repealed: 2014, c. 10, Sched. 2, s. 7 (2). Contents of order (5) The order shall contain information setting out the nature of the amount found to be owing to the employee or be accompanied by that information.  2000, c. 41, s. 103 (5). Service of order (6) The order shall be served on the employer in accordance with section 95.  2009, c. 9, s. 6. Notice to employee (7) An employment standards officer who issues an order with respect to an employee under this section shall advise the employee of its issuance by serving a letter, in accordance with section 95, on the employee.  2009, c. 9, s. 6. (7.1)-(7.2) Repealed:  2009, c. 9, s. 6. Compliance (8) Every employer against whom an order is issued under this section shall comply with it according to its terms.  2009, c. 9, s. 6. Effect of order (9) If an employer fails to apply under section
116 for a review of an order issued under this section within the time allowed for applying for that review, the order becomes final and binding against the employer.  2000, c. 41, s. 103 (9). Same (10) Subsection (9) applies even if a review hearing is held under this Act to determine another person’s liability for the wages that are the subject of the order.  2000, c. 41, s. 103 (10). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (19, 20) - 4/09/2001 2009, c. 9, s. 6 - 6/11/2009 2014, c. 10, Sched. 2, s. 7 (1) - 20/02/2015; 2014, c. 10, Sched. 2, s. 7 (2) - 20/02/2017 2017, c. 22, Sched. 1, s. 54 - 01/01/2018
104 (1) If an employment standards officer finds a contravention of any of the following Parts with respect to an employee, the officer may order that the employee be compensated for any loss he or she incurred as a result of the contravention or that he or she be reinstated or that he or she be both compensated and reinstated: 1.  Part XIV (Leaves of Absence). 2.  Part XVI (Lie Detectors). 3.  Part XVII (Retail Business Establishments). 4.  Part XVIII (Reprisal).  2000, c. 41, s. 104 (1); 2009, c. 9, s. 7. Order to hire (2) An employment standards officer who finds a contravention of Part XVI may order that an applicant for employment or an applicant to be a police officer be hired by an employer as defined in that Part or may order that he or she be compensated by an employer as defined in that Part or that he or she be both hired and compensated.  2000, c. 41, s. 104 (2). Terms of orders (3) If an order made under this section requires a person to compensate an employee, it shall also require the person to, (a)  pay to the Director in trust, (i)  the amount of the compensation, and (ii)  an amount for administration costs equal to the greater of $100 and 10 per cent of the amount of compensation; or (b)  pay the amount of the compensation to the employee. 2017, c. 22, Sched. 1, s. 55. How orders apply (4) Subsections 103 (3) and (5) to (9) apply, with necessary modifications, with respect to orders issued under this section.  2000, c. 41, s. 104 (4). Section Amendments with date in force (d/m/y) 2009, c. 9, s. 7 - 6/11/2009 2017, c. 22, Sched. 1, s. 55 - 01/01/2018
105 (1) If an employment standards officer has arranged with an employer or ordered an employer to pay wages under clause 103 (1) (a) or (a.1) to the employee and the employer is unable to locate the employee despite having made reasonable efforts to do so, the employer shall pay the wages to the Director in trust. 2017, c. 22, Sched. 1, s. 56. Settlements (2) If an employment standards officer has received money for an employee under a settlement but the employee cannot be located, the money shall be paid to the Director in trust.  2000, c. 41, s. 105 (2). When money vests in Crown (3) Money paid to or held by the Director in trust under this section vests in the Crown but may, without interest, be paid out to the employee, the employee’s estate or such other person as the Director considers is entitled to it.  2000, c. 41, s. 105 (3). Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 56 - 01/01/2018
106 (1) If an employment standards officer makes an order against an employer that wages be paid, he or she may make an order to pay wages for which directors are liable under Part XX against some or all of the directors of the employer and may serve a copy of the order in accordance with section 95 on them together with a copy of the order to pay against the employer.  2000, c. 41, s. 106 (1); 2009, c. 9, s. 8 (1). Effect of order (2) If the directors do not comply with the order or do not apply to have it reviewed, the order becomes final and binding against those directors even though a review hearing is held to determine another person’s liability under this Act.  2000, c. 41, s. 106 (2). Orders, insolvent employer (3) If an employer is insolvent and the employee has caused a claim for unpaid wages to be filed with the receiver appointed by a court with respect to the employer or with the employer’s trustee in bankruptcy, and the claim has not been paid, the employment standards officer may issue an order to pay wages for which directors are liable under Part XX against some or all of the directors and shall serve it on them in accordance with section 95.  2000, c. 41, s. 106 (3); 2009, c. 9, s. 8 (2). Procedure (4) Subsection (2) applies with necessary modifications to an order made under subsection (3).  2000, c. 41, s. 106 (4). Maximum liability (5) Nothing in this section increases the maximum liability of a director beyond the amounts set out in section 81.  2000, c. 41, s. 106 (5). Payment to Director (6) At the discretion of the Director, a director who is subject to an order under this section may be ordered to pay the wages in trust to the Director.  2000, c. 41, s. 106 (6). (7)-(9)  Repealed:  2009, c. 9, s. 8 (3). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (21) - 4/09/2001 2009, c. 9, s. 8 (1-3) - 6/11/2009
107 (1) An employment standards officer may make an order to pay wages for which directors are liable under Part XX against some or all of the directors of an employer who were not the subject of an order under section 106, and may serve it on them in accordance with section 95, (a)  after an employment standards officer has made an order against the employer under section 103 that wages be paid and they have not been paid and the employer has not applied to have the order reviewed; (b)  after an employment standards officer has made an order against directors under subsection 106 (1) or (3) and the amount has not been paid and the employer or the directors have not applied to have it reviewed; (c)  after the Board has issued, amended or affirmed an order under section 119 if the order, as issued, amended or affirmed, requires the employer or the directors to pay wages and the amount set out in the order has not been paid.  2000, c. 41, s. 107 (1); 2009, c. 9, s. 9 (1). Payment to Director (2) At the discretion of the Director, a director who is subject to an order under this section may be ordered to pay the wages in trust to the Director.  2000, c. 41, s. 107 (2). (3) Repealed:  2009, c. 9, s. 9 (2). Section Amendments with date in force (d/m/y) 2009, c. 9, s. 9 (1, 2) - 6/11/2009
108 (1) If an employment standards officer finds that a person has contravened a provision of this Act or the regulations, the officer may, (a)  order that the person cease contravening the provision; (b)  order what action the person shall take or refrain from taking in order to comply with the provision; and (c)  specify a date by which the person must do so.  2000, c. 41, s. 108 (1). Payment may not be required (2) No order under this section shall require the payment of wages, fees or compensation.  2009, c. 9, s. 10. Other means not a bar (3) Nothing in subsection (2) precludes an employment standards officer from issuing an order under section 74.14, 74.16, 74.17, 74.19, 103, 104, 106 or 107 and an order under this section in respect of the same contravention.  2009, c. 9, s. 10; 2021, c. 35, Sched. 2, s. 22 (1). Application of s. 103 (6) to (9) (4) Subsections 103 (6) to (9) apply with respect to orders issued under this section with necessary modifications, including but not limited to the following: 1.  A reference to an employer includes a reference to a client of a temporary help agency, a recruiter or a prospective employer who engages or uses the services of a recruiter to find or attempt to find an employee. 2.  A reference to an employee includes a reference to an assignment employee, a prospective assignment employee or a prospective employee who engages or uses the services of a recruiter to find employment in Ontario.  2009, c. 9, s. 10; 2017, c. 22, Sched. 1, s. 57; 2021, c. 35, Sched. 2, s. 22 (2, 3). Injunction proceeding (5) At the instance of the Director, the contravention of an order made under subsection (1) may be restrained upon an application, made without notice, to a judge of the Superior Court of Justice.  2000, c. 41, s. 108 (5). Same (6) Subsection (5) applies with respect to a contravention of an order in addition to any other remedy or penalty for its contravention.  2000, c. 41, s. 108 (6). Section Amendments with date in force (d/m/y) 2009, c. 9, s. 10 - 6/11/2009 2017, c. 22, Sched. 1, s. 57 - 01/01/2018 2021, c. 35, Sched. 2, s. 22 (1-3) - 01/07/2023
109 (1) Money paid to the Director under an order under section 74.14, 74.16, 74.17, 74.19, 103, 104, 106 or 107 shall be paid to the person with respect to whom the order was issued unless an application for review is made under section 116 within the period required under that section.  2009, c. 9, s. 11; 2021, c. 35, Sched. 2, s. 23. Money distributed rateably (2) If the money paid to the Director under one of those orders is not enough to pay all of the persons entitled to it under the order the full amount to which they are entitled, the Director shall distribute that money, including money received with respect to administrative costs, to the persons in proportion to their entitlement.  2009, c. 9, s. 11. No proceeding against Director (3) No proceeding shall be instituted against the Director for acting in compliance with this section.  2000, c. 41, s. 109 (3). Section Amendments with date in force (d/m/y) 2009, c. 9, s. 11 - 6/11/2009 2021, c. 35, Sched. 2, s. 23 - 01/07/2023
110 (1) If, after a person files a complaint alleging a contravention of this Act in respect of which an order could be issued under section 74.14, 74.16, 74.17, 74.19, 103, 104 or 108, an employment standards officer assigned to investigate the complaint refuses to issue such an order, the officer shall, in accordance with section 95, serve a letter on the person advising the person of the refusal.  2009, c. 9, s. 12; 2021, c. 35, Sched. 2, s. 24. Deemed refusal (2) If no order is issued with respect to a complaint described in subsection (1) within two years after it was filed, an employment standards officer shall be deemed to have refused to issue an order and to have served a letter on the person advising the person of the refusal on the last day of the second year.  2009, c. 9, s. 12. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 12 - 6/11/2009 2021, c. 35, Sched. 2, s. 24 - 01/07/2023
111 (1) If an employee files a complaint alleging a contravention of this Act or the regulations, the employment standards officer investigating the complaint may not issue an order for wages that became due to the employee under the provision that was the subject of the complaint or any other provision of this Act or the regulations if the wages became due more than two years before the complaint was filed.  2001, c. 9, Sched. I, s. 1 (22); 2014, c. 10, Sched. 2, s. 8 (1). Same, another employee’s complaint (2) If, in the course of investigating a complaint, an employment standards officer finds that an employer has contravened this Act or the regulations with respect to an employee who did not file a complaint, the officer may not issue an order for wages that became due to that employee as a result of that contravention if the wages became due more than two years before the complaint was filed.  2001, c. 9, Sched. I, s. 1 (22); 2014, c. 10, Sched. 2, s. 8 (2). Same, inspection (3) If an employment standards officer finds during an inspection that an employer has contravened this Act or the regulations with respect to an employee, the officer may not issue an order for wages that became due to the employee more than two years before the officer commenced the inspection.  2001, c. 9, Sched. I, s. 1 (22); 2014, c. 10, Sched. 2, s. 8 (3). (3.1)-(8) Repealed: 2014, c. 10, Sched. 2, s. 8 (6). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (22) - 4/09/2001 2002, c. 18, Sched. J, s. 3 (28) - 26/11/2002 2014, c. 10, Sched. 2, s. 8 (1-5) - 20/02/2015; 2014, c. 10, Sched. 2, s. 8 (6) - 20/02/2017 Settlements
115 (1) For the purposes of section 114, contraventions with respect to two employees are substantially the same if both employees became entitled to recover money under this Act as a result of the employer’s failure to comply with the same provision of this Act or the regulations or with identical or virtually identical provisions of their employment contracts.  2000, c. 41, s. 115 (1). Application to Part XVIII.1 (1.1) For the purposes of the application of subsection (1) in respect of Part XVIII.1, the following modifications apply: 1.  A reference to an employer includes a reference to a client of a temporary help agency, a recruiter or a prospective employer who engages or uses the services of a recruiter to find or attempt to find an employee. 2.  A reference to an employee includes a reference to an assignment employee, a prospective assignment employee or a prospective employee who engages or uses the services of a recruiter to find employment in Ontario.  2009, c. 9, s. 16; 2017, c. 22, Sched. 1, s. 61; 2021, c. 35, Sched. 2, s. 28. Exception, payment of wages, deductions (2) Despite subsection (1), contraventions with respect to two employees are not substantially the same merely because both employees became entitled to recover money under this Act as a result of a contravention of section 11 or 13 if the contravention of the section was with respect to wages due under different provisions of this Act or the regulations or under provisions of their employment contracts which are not identical or virtually identical.  2000, c. 41, s. 115 (2). Section Amendments with date in force (d/m/y) 2009, c. 9, s. 16 - 6/11/2009 2017, c. 22, Sched. 1, s. 61 - 01/01/2018 2021, c. 35, Sched. 2, s. 28 (1, 2) - 01/07/2023 part xxiII   reviews by the board Reviews of Orders
115.1 In this Part, a reference to an employee includes a reference to an assignment employee, a prospective assignment employee or a prospective employee who engages or uses the services of a recruiter to find employment in Ontario.  2009, c. 9, s. 17; 2017, c. 22, Sched. 1, s. 62; 2021, c. 35, Sched. 2, s. 29. Section Amendments with date in force (d/m/y) 2009, c. 9, s. 17 - 6/11/2009 2017, c. 22, Sched. 1, s. 62 - 01/01/2018 2021, c. 35, Sched. 2, s. 29 - 01/07/2023