22 (1) Subject to subsection (1.1), an employer shall pay an employee overtime pay of at least one and one-half times his or her regular rate for each hour of work in excess of 44 hours in each work week or, if another threshold is prescribed, that prescribed threshold.  2000, c. 41, s. 22 (1); 2011, c. 1, Sched. 7, s. 1; 2017, c. 22, Sched. 1, s. 13 (1). Same, two or more regular rates (1.1) If an employee has two or more regular rates for work performed for the same employer in a work week, (a)  the employee is entitled to be paid overtime pay for each hour of work performed in the week after the total number of hours performed for the employer reaches the overtime threshold; and (b)  the overtime pay for each hour referred to in clause (a) is one and one-half times the regular rate that applies to the work performed in that hour. 2017, c. 22, Sched. 1, s. 13 (2). Averaging (2) An employee’s hours of work may be averaged over separate, non-overlapping, contiguous periods of two or more consecutive weeks for the purpose of determining the employee’s entitlement, if any, to overtime pay if, (a)  the employee has made an agreement with the employer that his or her hours of work may be averaged over periods of a specified number of weeks; and (b)  the averaging period does not exceed four weeks or the number of weeks specified in the agreement, whichever is lower. 2019, c. 4, Sched. 9, s. 8 (1). (2.1) Repealed: 2019, c. 4, Sched. 9, s. 8 (1). Transition: certain agreements (2.2) For the purposes of this section, each of the following agreements shall be treated as if it were an agreement described in clause (2) (a): 1.  An agreement to average hours of work made under a predecessor to this Act. 2.  An agreement to average hours of work made under this section as it read on February 28, 2005. 3.  An agreement to average hours of work that complies with the conditions prescribed by the regulations made under paragraph 7 of subsection 141 (1) as it read on February 28, 2005.  2004, c. 21, s. 6 (1). Term of agreement (3) Subject to subsections (3.1) and (3.2), an averaging agreement is not valid unless it provides for a start date and an expiry date. 2019, c. 4, Sched. 9, s. 8 (2). Limit on agreement, not represented by trade union (3.1) If the employee is not represented by a trade union, the averaging agreement’s expiry date shall not be more than two years after the start date. 2019, c. 4, Sched. 9, s. 8 (2). Limit on agreement, collective agreement applies (3.2) If the employee is represented by a trade union and a collective agreement applies to the employee, an averaging agreement shall expire no later than the day a subsequent collective agreement that applies to the employee comes into operation. 2019, c. 4, Sched. 9, s. 8 (2). Agreement may be renewed or replaced (4) For greater certainty, an averaging agreement may be renewed or replaced if the requirements set out in this section are met. 2019, c. 4, Sched. 9, s. 8 (3). Existing agreement (5) Any averaging agreement that was made before the day the Restoring Ontario’s Competitiveness Act, 2019 received Royal Assent in accordance with this section, as it read at the time, and that was approved by the Director under section 22.1, as it read at the time, is deemed to have met the requirements set out in subsections (2), (3), (3.1) and (3.2) and continues to be valid until the earlier of, (a)  the day the agreement is revoked under subsection (6); (b)  the day the Director’s approval expires; or (c)  the day the Director’s approval is revoked. 2019, c. 4, Sched. 9, s. 8 (4). (5.1) Repealed: 2019, c. 4, Sched. 9, s. 8 (4). Agreement irrevocable (6) No averaging agreement referred to in this section may be revoked before it expires unless the employer and the employee agree to revoke it.  2000, c. 41, s. 22 (6). Time off in lieu (7) The employee may be compensated for overtime hours by receiving one and one-half hours of paid time off work for each hour of overtime worked instead of overtime pay if, (a)  the employee and the employer agree to do so; and (b)  the paid time off work is taken within three months of the work week in which the overtime was earned or, with the employee’s agreement, within 12 months of that work week.  2000, c. 41, s. 22 (7). Where employment ends (8) If the employment of an employee ends before the paid time off is taken under subsection (7), the employer shall pay the employee overtime pay for the overtime hours that were worked in accordance with subsection 11 (5).  2000, c. 41, s. 22 (8). Changing work (9) If an employee who performs work of a particular kind or character is exempted from the application of this section by the regulations or the regulations prescribe an overtime threshold of other than 44 hours for an employee who performs such work, and the duties of an employee’s position require him or her to perform both that work and work of another kind or character, this Part shall apply to the employee in respect of all work performed by him or her in a work week unless the time spent by the employee performing that other work constitutes less than half the time that the employee spent fulfilling the duties of his or her position in that work week.  2000, c. 41, s. 22 (9). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (4) - 4/09/2001 2002, c. 18, Sched. J, s. 3 (11) - 26/11/2002 2004, c. 21, s. 6 (1, 2) - 1/03/2005 2011, c. 1, Sched. 7, s. 1 - 30/03/2011 2017, c. 22, Sched. 1, s. 13 (1, 2) - 01/01/2018 2019, c. 4, Sched. 9, s. 8 (1-4) - 03/04/2019 22.1 Repealed: 2019, c. 4, Sched. 9, s. 9. Section Amendments with date in force (d/m/y) 2004, c. 21, s. 7 - 1/03/2005 2019, c. 4, Sched. 9, s. 9 - 03/04/2019 22.2 Repealed: 2019, c. 4, Sched. 9, s. 9. Section Amendments with date in force (d/m/y) 2004, c. 21, s. 7 - 1/03/2005 2010, c. 16, Sched. 9, s. 1 (2) - 29/11/2010 2019, c. 4, Sched. 9, s. 9 - 03/04/2019 PART ix   MINIMUM WAGE